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09/09/2014
1i is ��� i. � — .moi ' \� , ,' � . .;1 ' ,. ' • +' -I %t �,.. _7rM� i T�!�• ��o�1tA4i. ( " f,,,with WHEREAS, September WHEREAS, February promoted D. Villars Engineer WHEREAS, selflessness. greatly NOW, COMMISSIONERS . Richard appreciation five BE heartfelt Adopted HONORING INDIAN Indian years; IT RICHARD RIVER DEPARTMENT Richard D. 3, 2014; and Richard D. 1, 1989. On River County to EMS Captain. was re -assigned Fire Medic and Richard D. During his appreciated by the THEREFORE, OF D. Villars' efforts for the dedicated and FURTHER PROCLAIMED wishes for success this 9th day of PROCLAMATION COUNTY Villars Villars March to continued Villars twenty-five employer, BE INDIAN September. 0C * /// jjjjjj D. VILLARS ON HIS RETIREMENT FROM BOARD OF COUNTY COMMI.SSIONERS OF EMERGENCY SERVICES/FIRE RESCUE has retired from Indian River County Fire Rescue effective was employed as a Paramedic with Indian _River County since 3, 1990, he was promoted to the rank of Assistant Supervisor Emergency Medical Services, and on October 1, 2000, he was After the EMS and Fire consolidation in October 2005, Richard Senior Fire Medic. On January 22, 2010, he was promoted to in this capacity until his retirement; and has served this County and the Public with distinction and years of service, he was dedicated and his work was citizens, and co-workers alike; and IT PROCLAIMED BY THE BOARD OF COUNTY RIVER COUNTY, FLORIDA,that the Board applauds PP on behalf of the County, and the Board wishes to express their service he has given to Indian River County for the last twenty- that the Board of County Commissioners and staff extend in his future endeavors. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS,' 1..e, Cle8 , : : VER , ti.ORio' Peter D. O'Bryan, +t airman f� fl fl 'sl I'= \ . , i � t (lac is to certi that 'chard D. Vilrars is here6y presented this tirement Award for outstanding performance and faithfutserr'ice to Indian fiver County Board of County Commissioners Tor twenty-five years of service On this 3rd day of,Septem6er 2014 T ei2) f► 1.., John King Peter D. O'Bryan or of rEmer Services Board of County Commissioner, Chairman 'fit+► �, y PROCLAMATION DESIGNATING THE MONTH OF SEPTEMBER, 2014, AS ATTENDANCE AWARENESS MONTH WHEREAS, chronic absence — missing 10 percent or more of school for any reason including excused and unexcused absences, or just two of three days a month — is a proven predictor of academic trouble and dropout rates; and WHEREAS, improving attendance and reducing chronic absence takes commitment, collaboration and tailored approaches to particular challenges and strengths in each community; and WHEREAS, chronic absence predicts lower third-grade reading proficiency, course failure and eventual dropout, it weakens our communities and our local economy; and WHEREAS, schools and community partners can reach out more frequently to absent students to determine why they are missing school and what would help them attend more regularly; and WHEREAS, chronic absence can be significantly reduced when schools, parents and communities work together to monitor and promote good attendance and address hurdles that keep children from getting to school. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the Board designates the month of September, 2014, as "Attendance Awareness Month". The Board urges the community to commit to focusing on reducing chronic absenteeism to give all children an equitable opportunity to learn, grow and thrive academically, emotional and socially. Adopted this 9th day of September, 2014. BOARD OF COUNTY COMMISSIONERS, IN RIVER COUNTY, FLORIDA NA Peter D. O'Bryan, Chair Wesley S. Davis, Vice Chairman 3 PROCLAMATION RECOGNIZING THE MONTH OF SEPTEMBER, 2014, AS HUNGER ACTION MONTH WHEREAS, hunger and poverty are issues of grave concern in the United States, the State of Florida, the Treasure Coast and Indian River County; and WHEREAS, Indian River County is committed to taking steps to raise awareness about the need to combat hunger in every part of our County and to provide additional resources that the citizens of Indian River County need; and WHEREAS, Indian River County is committed to working with the Treasure Coast Food Bank in educating people about the role and importance of food banks in addressing hunger and raising awareness of the need to devote more resources and attention to hunger issues; and WHEREAS, more than 97,640 individuals on the Treasure Coast and Indian River County rely on food provided by the Treasure Coast Food Bank annually; and WHEREAS, Treasure Coast Food Bank distributed more than ten million meals in 2014 through its network of food pantries, soup kitchens, shelters and other community organizations; and WHEREAS, food banks across the country, including the Treasure Coast Food Bank will host numerous events throughout the month of September to bring awareness and attention to encourage involvement in effort to end hunger in their local community. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the Board recognizes the month of September, 2014, as HUNGER ACTION MONTH in Indian River County and calls this observance to the attention of our citizens. Adopted this 9tr, day of September 2014. BOARD OF COUNTY COMMISSIONERS, IN ,4i;V RIVER COWX FLORIDA Peter D. O'Bryan, Chairma esley S. Davis, Vice Chairman Flescher PROCLAMATION DESIGNATING THE MONTH OF OCTOBER, 2014, AS NATIONAL DOMESTIC VIOLENCE AWARENESS MONTH WHEREAS, each day in America four women are murdered by their intimate partners; and WHEREAS, every 60 seconds in America four women are abused by their intimate partners; and WHEREAS, one-third of ALL American women report being physically or sexually abused by a husband or boyfriend sometime during their lives; and WHEREAS, National Domestic Violence Awareness Month provides all Americans the opportunity to recommit to ensuring that every relationship be violence free; and WHEREAS, that all domestic violence victims deserve a safe place, where they can live with respect, resources, restoration and justice; and WHEREAS, in Indian River County, SafeSpace, Inc. joins forces with law enforcement, victim service programs, criminal justice officials, social service organizations, and concerned citizens throughout the County to fight domestic violence; and WHEREAS, together, their commitment and compassion help to ensure that our community steps forward to lend a hand to domestic violence victims in need. NOW, THEREFORE, BE IT PROCLAIMED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS that the Board recognizes and honors the month of October, 2014, as Domestic Violence Awareness Month and furthermore expresses our sincere appreciation for those committed to promoting peace and preventing domestic violence in our community. Adopted this 9th day of September, 2014. BOARD OF COUNTY COMMISSIONERS, IN QII RIVER COUNTY, FLORIDA Wesley T Davis, ice Chairman seph F. Flescher Cka4L Bob Solari 5 7A- INFORMATIONAL ITEMS September 9, 2014 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM To: Members of the Board of County Commissioners Date: August 28, 2014 Subject: 2014 ELECTION OF ENVIRONMENTAL CONTROL HEARING BOARD CHAIRMAN AND VICE CHAIRMAN From: Misty L. Pursel Commissioner Assistant, Districts 1 & 5 At the August 28, 2014 Environmental Control Hearing Board (ECHB) meeting, the members elected Richard Cahoy as Chairman and Dr. Philip Glade as Vice Chairman of ECHB for the remainder of 2014. No Board action is required. 6 Dylan Reingold, County Attorney WiIliam K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, .assistant County Attorney Informational Matters - B.C.C. 09.9.14 Office of INDIAN RIVER COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney VK DATE: August 22, 2014 SUBJECT: Economic Development Council -- vacancy On August 21, 2014, Doug Bournique submitted his resignation as the Local Industry representative to the Economic Development Council. Mr. Bournique's term expires in January 2015. Anyone interested in serving on the Economic Development Council, and meeting the requirements for the Local Industry representative, will need to submit an application and resume to the Board of County Commissioners Office, County Administration Building A, 1801 27th Street, Vero Beach, FL 32960. Application forms can be accessed online at www.iregov.com/boards/committee applications or at the Board of County Commissioner's Office. ATTACHMENT(S). • August 21, 2014 email re: resignation APPROVED FOR SEPTEMBER 9, 2014 B.C.C. MEETING — INFORMATIONAL MATTERS COUNTY ATTORNEY F-VArtor.rylLmla1GENERALW C CAgenda AfenowlCnmu.;eu, Vacancy (IDCJ 5 Aar 7 Indian River Co. Ap ed Date Admin. �`" / .i/h� Co. Atty. Q t g �, I-'\ Budget ( ) S 4 Dept. -- -- Risk Mgr. -- 7 Dylan Reingold From: Terri Collins -Lister Sent: Thursday, August 21, 2014 2:43 PM To: Dylan Reingold Subject: EDC Resignation Attachments: EDC Bournique Resignation.docx Dylan, Doug Bournique, Local Industry Appointee, verbally submitted his resignation to Commissioner O'Bryan. 1 forgot the Attorney's office handle the resignations. Terni Cofns Lister Commissioner Assistant for Commissioner Tim Zorc, District 3 and Commissioner Peter D. O'Bryan, District 4 Board of County Commissioners 1801 27th Street, Building A Vero Beach, FL 32960 772-226-1440 PLEASE a OTE: Florida has a c•,er,' bread public records lain,►. Most written communications to or from County officials regarding county business are considered to be pubic records and will be made available to the public and the redia inion request. Your email messages may, therefore, be suhject to public disclbsurQ. Pka:e. c+'os ciP.r i°: Phvircr^m?r f ::e r!:;t1r a;•ris n-r.'eci:. r!:':?i_ OrRen! 1 8 INFORMATIONAL ITEM September 9, 2014 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: August 28, 2014 SUBJECT: 9th Annual Ovarian Cancer Candelight Vigil FROM: Bob Solari, Commissioner District 5 It is my intention to make the public aware of the event sponsored by Treasure Coast Ovarian Cancer Alliance via the attached flyer. r3Q,J2, 9 TREASURE COAST OVARIAN CANCER ALLIANCE'S 9T" ANNUAL OVARIAN CANCER CANDLELIGHT VIGIL HONORING THE WOMEN WHO HAVE LOST THEIR BATTLE WITH OVARIAN CANCER, THOSE CURRENTLY AND COURAGEOUSLY FIGHTING THE BATTLE, AND THOSE 22,000 WOMEN AND GIRLS WHO WILL BE DIAGNOSED THIS YEAR. SUNDAY, SEPTEMBER 21, 2014 5:00 P.M. OUR SAVIOR LUTHERAN CHURCH 1850 -6TH AVENUE VERO BEACH No RESERVATIONS NEEDED. (772) 562-5373 10 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 DIRECT THRU: JEFFREY R. SMITH, COMPTROLLER DATE: August 14, 2014 SUBJECT: APPROVAL OF WARRANTS August 8, 2014 to August 14, 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 August 8, 2014 to August 14, 2014. Attachment: DB: MS 11 CHECK NBR 315615 315616 315617 315618 315619 315620 315621 315622 315623 315624 315625 315626 315627 315628 315629 315630 315631 315632 315633 315634 315635 315636 315637 315638 315639 315640 315641 315642 315643 315644 315645 315646 315647 315648 315649 315650 315651 315652 315653 315654 315655 315656 315657 315658 315659 315660 315661 315662 315663 315664 315665 315666 315667 315668 315669 315670 315671 315672 CHECKS WRITTEN CK DATE VENDOR AMOUNT 8/14/2014 PORT CONSOLIDATED INC 53,138.41 8/14/2014 STURGIS LUMBER & PLYWOOD CO 16.66 8/14/2014 JORDAN MOWER INC 2,131.75 8/14/2014 ROBINSON EQUIPMENT COMPANY INC 188.06 8/14/2014 TEN -8 FIRE EQUIPMENT INC 3,825.12 8/14/2014 RANGER CONSTRUCTION IND INC 23,271.73 8/14/2014 FISHER SCIENTIFIC COMPANY LLC 76.98 8/14/2014 VERO CHEMICAL DISTRIBUTORS INC 90.70 8/14/2014 AT&T WIRELESS 551.48 8/14/2014 AT&T WIRELESS 2,433.79 8/14/2014 AT&T WIRELESS 108.00 8/14/2014 DATA FLOW SYSTEMS INC 4,182.20 8/14/2014 SEWELL HARDWARE CO INC 227.08 8/14/2014 PARALEE COMPANY INC 430.00 8/14/2014 COLD AIR DISTRIBUTORS WAREHOUSE 378.97 8/14/2014 KELLY TRACTOR CO 969.02 8/14/2014 GENES AUTO GLASS INC 405.00 8/14/2014 REPUBLIC SERVICES OF FLORIDA 996.61 8/14/2014 MY RECEPTIONIST INC 357.52 8/14/2014 DAILY COURIER SERVICE INC 1,494.00 8/14/2014 HACH CO 2,080.84 8/14/2014 MASTELLER MOLER REED & TAYLOR INC 19,519.28 8/14/2014 DEEP SIX DIVE SHOP INC 16.00 8/14/2014 HD SUPPLY WATERWORKS, LTD 2,953.31 8/14/2014 ECOTECH CONSULTANTS INC 9,920.00 8/14/2014 VERO INDUSTRIAL SUPPLY INC 48.04 8/14/2014 ANIMAL CARE EQUIPMENT & SERVICES 176.82 8/14/2014 EXPRESS REEL GRINDING INC 1,152.00 8/14/2014 FIRESTONE COMPLETE AUTO CARE 845.22 8/14/2014 ECOLOGICAL ASSOCIATES INC 4,115.90 8/14/2014 XEROX CORP SUPPLIES 233.46 8/14/2014 GENERAL PART INC 1,012.81 8/14/2014 GOODYEAR AUTO SERVICE CENTER 1,072.20 8/14/2014 BAKER & TAYLOR INC 4,671.66 8/14/2014 GROVE WELDERS INC 363.97 8/14/2014 MIDWEST TAPE LLC 180.11 8/14/2014 SUNSHINE REHABILATION CENTER OF IRC INC 30.00 8/14/2014 CLERK OF CIRCUIT COURT 29.83 8/14/2014 CLERK OF CIRCUIT COURT 2,023.61 8/14/2014 CITY OF VERO BEACH 103,124.36 8/14/2014 ILLINOIS STATE DISBURSEMENT UNIT 142.32 8/14/2014 CHAPTER 13 TRUSTEE 478.38 8/14/2014 INDIAN RIVER ALL FAB INC 208.35 8/14/2014 UNITED PARCEL SERVICE INC 36.34 8/14/2014 INDIAN RIVER COUNTY SHERIFF 13,279.57 8/14/2014 UNITED STAFhS POSTAL SERVICE 20,000.00 8/14/2014 LIVINGSTON PAGE 54.00 8/14/2014 B/C B/S OF FL ADM FEE 9,890.10 8/14/2014 JANITORIAL DEPOT OF AMERICA INC 2,123.72 8/14/2014 JANITORIAL DEPOT OF AMERICA INC 158.19 8/14/2014 HUMANE SOCIETY 31,640.00 8/14/2014 ACUSHNET COMPANY 44.30 8/14/2014 AQUAGENIX 635.00 8/14/2014 DUMONT COMPANY INC 1,244.50 8/14/2014 INDIAN RIVER MALL 3,000.00 8/14/2014 IRC CHAMBER OF COMMERCE 8,694.44 8/14/2014 FEDERAL EXPRESS 101.11 8/14/2014 HD SUPPLY FACILITIES MAINTENANCE LTD 218.14 12 CHECK NBR 315673 315674 315675 315676 315677 315678 315679 315680 315681 315682 315683 315684 315685 315686 315687 315688 315689 315690 315691 315692 315693 315694 315695 315696 315697 315698 315699 315700 315701 315702 315703 315704 315705 315706 315707 315708 315709 315710 315711 315712 315713 315714 315715 315716 315717 315718 315719 315720 315721 315722 315723 315724 315725 315726 315727 315728 315729 315730 315731 315732 CK DATE VENDOR 8/14/2014 MANPOWER 8/14/2014 DON LAWLESS 8/14/2014 SIEMENS INDUSTRY INC 8/14/2014 CALLAWAY GOLF SALES COMPANY 8/14/2014 FLORIDA POWER AND LIGHT 8/14/2014 JAMES GRAY JR 8/14/2014 BLUE CROSS & BLUE SHIELD of FLORIDA 8/14/2014 STATE ATTORNEY 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 STATE ATTORNEY CITY OF FELLSMERE PEACE RIVER ELECTRIC COOP INC NEW HORIZONS OF THE TREASURE COAST LANGUAGE LINE SERVICES INC FLORIDA DEPT OF ENVIRONMENTAL PROTECTION TREASURE COAST SPORTS COMMISSION INC GERALD A YOUNG SR ALAN C KAUFFMANN NAEMT HAMPTON INN HAMPTON INN BANK OF NEW YORK TIM GEIB INDIAN RIVER COUNTY BAR ASSOCIATION INC INDIAN RIVER COUNTY BAR ASSOCIATION INC INDIAN RIVER COUNTY BAR ASSOCIATION INC DONADIO AND ASSOCIATES ARCHITECTS HAYTH,HAYTH & LANDAU RUSSELL PAYNE INC WILLIAM SHANDOR CELICO PARTNERSHIP JEAN PETERS CINDY CORRENIE VAN WAL INC JOSEPH W VASQUEZ THE SHERWIN WILLIAMS CO CARRIER ENTERPRISE LLC JOHNS EASTERN COMPANY INC IRMA SUZANNE WAGNER OCLC ONLINE COMPUTER LIBRARY CENTER COPYTRONICS INC COPYTRONICS INC PAK MAIL CENTER CENTRAL PUMP & SUPPLY INC MASTELLER & MOLER INC ETR LLC ADMIN FOR CHILD SUPPORT ENFORCEMENT ADMIN FOR CHILD SUPPORT ENFORCEMENT ADMIN FOR CHILD SUPPORT ENFORCEMENT GARY L EMBREY LARRY STEPHEN'S JOHN DEERE LANDSCAPES JOSE RIVERA METRO FIRE PROTECTION SERVICES INC 1ST FIRE & SECURITY INC CONSOLIDATED ELECTRICAL DISTRIBUTORS INC KENNY CAMPBELL JR MARY COLLIS JOHNNY B SMITH DANE MACDONALD DEBBIE WADSWORTH AMOUNT 969.60 40.00 6,208.00 297.70 10,532.14 350.00 1,469.40 200.00 9,151.20 235.87 357.00 22,812.83 315.44 600.00 8,981.30 60.00 120.00 30.00 218.00 218.00 750.00 40.00 100.00 100.00 100.00 2,727.38 125.00 640.92 160.00 1,695.29 90.00 31.15 1,062.00 116.00 1,548.00 63 5.3 8 375.00 218.90 397.67 75.36 487.55 244.71 728.50 600.00 510.00 209.48 21232 118.47 60.00 108.00 530.69 80.00 180.00 997.94 2,149.22 80.00 40.00 134.00 36.00 40.00 2 CHECK NBR 315733 315734 315735 315736 315737 315738 315739 315740 315741 315742 315743 315744 315745 315746 315747 315748 315749 315750 315751 315752 315753 315754 315755 315756 315757 315758 315759 315760 315761 315762 315763 315764 315765 315766 315767 315768 315769 315770 315771 315772 315773 315774 315775 315776 315777 315778 315779 315780 315781 315782 315783 315784 315785 315786 315787 315788 315789 315790 315791 315792 CK DATE VENDOR 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 AMOUNT CHARLES A WALKER 100.00 GUARDIAN COMMUNITY RESOURCE MANAGEMENT 500.00 DANIEL IOFFREDO 60.00 TONYA TERNEUS 50.00 STACEY RICHARDSON 150.00 BENNETT AUTO SUPPLY INC 287.41 RENAE CHANDLER 60.00 STANDARD LIFE INSURANCE 738.00 K'S COMMERCIAL CLEANING 3,365.00 YOUTH GUIDANCE DONATION FUND 625.00 TSC JACBOS 874.91 TRITEL INC 99.00 TERESA PULIDO 270.00 HOLLIS HOTER 30.00 SANDY ARACENA 100.00 VERA SMITH 54.00 GARRETT SMITH 72.00 HELPING ANIMALS LIVE -OVERCOME 11.00 HEALTH ADVOCATE 326.70 INEOS NEW PLANET BIOENERGY LLC 82.54 WOERNER DEVELOPMENT INC 2,413.00 RADWELL INTERNATIONAL INC 622.71 KEMPER BUSINESS SYSTEMS 5.84 JUNIOR LEAGUE OF INDIAN RIVER INC 1,667.00 JULIE NORMAN 150.00 TC XPERIENCE GUIDE 79.00 JANCY PET BURIAL SERVICE 55.25 YOUR AQUA INSTRUCTOR LLC 70.00 MURPHY & WALKER P L 9,324.98 SAFETY SCHELL CORPORATION 102.50 SOUTHEAST STRUCTURAL ENGINEERS INC 1,200.00 PACE ANALYTICAL SERVICES INC 7,115.00 DELRAY MOTORS 101.48 RAYMOND J DUCHEMIN 100.00 SARA L MATHEWS 125.00 JMC SERVICES INC 196.50 TIGHT LINE PRODUCTIONS INC 790.67 GOLD MEDAL PRODUCTS 563.50 SOUTHEASTERN SECURITY CONSULTANTS INC 74.00 HEATHER HATTON 20.00 WRIGHT EXPRESS FSC 22,585.96 YP LLC 167.00 HIGHMARK STOP LOSS 4,851.00 LINDA GRAHAM 270.00 R3 SULLIVAN CORP 1,775.00 REPROGRAPHIC SOLUTIONS INC 6.48 LOWES HOME CENTERS INC 1,208.72 LABOR READY SOUTHEAST INC 14,889.60 EMILY K DIMATTEO 60.00 ALEX MIKLO 40.00 MITCHELL GODWIN 90.00 STEVEN G HANSEN 240.00 BURNETT LIME CO INC 3,218.60 TREASURE COAST TURF INC 5,709.00 SEAN MAKI COMMUNICATIONS LLC 540.00 KRAUS ASSOCIATES INC 9,937.50 OAC ACTION CONSTRUCTION CORP 70,563.14 KANSAS STATE BANK OF MANHATTAN 138.40 KANSAS STATE BANK OF MANHATTAN 890.57 STEWART & STEVENSON FDDA LLC 2,266.02 3 CHECK NBR 315793 315794 315795 315796 315797 315798 315799 315800 315801 315802 315803 315804 315805 315806 315807 315808 315809 315810 315811 315812 315813 315814 315815 315816 315817 315818 315819 315820 315821 315822 315823 315824 315825 315826 315827 315828 315829 315830 315831 315832 315833 315834 315835 315836 315837 315838 315839 315840 315841 315842 315843 315844 315845 315846 315847 315848 315849 315850 315851 315852 CK DATE 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/201.4 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 8/14/2014 VENDOR DEBORAH CUEVAS VINCENT OUTLER COURSE TRENDS INC CHEMTRADE CHEMICALS CORPORTATTON SAMBA HOLDINGS INC WADE WILSON NOVOTEC RECYCLING LLC FAMILY SUPPORT REGISTRY COAST TO COAST COMPUTER PRODUCTS BREVARD COUNTY BOCC FLORIDA DESIGN DRILLING CORP MARGIE SMITH RDW QUALITY BUILDERS LLC EXTREME GOLF INC RICHARD BEECHER FUTURE HORIZONS INC TRINOVA -FLORIDA INC JEFF PASSARETTI SPORT SURFACES LLC THE LAW OFFICES OF JENNIFER D PESHKE PA AXIS DATA SOLUTIONS INC J & K PALMER ENTERPRISES LLC JILL AMOS COLE DURWIN TRACEY TERASTRA TIMOTHY DOUGLAS 0 FREEMAN ERMA S VALDEZ DAVID M PUGH GALINA M CHAMBERLAIN HPR 2 LLC MARK E DEEHL WENDY FAUBEL STANKUS MICHAEL 0 FLYNN MARION BACON UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS AMOUNT 36.00 54.00 300.00 2,600.40 1,093.08 40.00 10,809.86 9.66 317.97 660.23 4,950.00 224.00 14,658.00 75.00 60.00 1,201.45 608.33 40.00 16,203.00 1,211.00 1,383.03 370.00 150.00 40.00 237.21 218.80 219.07 194.62 194.50 11,309.91 218.80 237.15 218.96 28.24 68.41 57.56 45.43 65.73 19.22 44.66 14.13 45.80 75.32 23.97 30.69 15.22 65.92 34.38 7.74 52.42 33.79 31.84 4.92 71.76 75.70 91.74 280.49 51.25 7.03 62.86 4 CHECK NBR CK DATE VENDOR 315853 8/14/2014 UTIL REFUNDS 315854 8/14/2014 UTIL REFUNDS 315855 8/14/2014 UTIL REFUNDS 315856 8/14/2014 UTIL REFUNDS 315857 8/14/2014 UTIL REFUNDS 315858 8/14/2014 UTIL REFUNDS 315859 8/14/2014 UTIL REFUNDS 315860 8/14/2014 UTIL REFUNDS 315861 8/14/2014 UTIL REFUNDS 315862 8/14/2014 UTIL REFUNDS 315 863 8/ 14/2014 UTIL REFUNDS 315864 8/14/2014 UTIL REFUNDS 315865 8/14/2014 UTIL REFUNDS 315866 8/14/2014 UTIL REFUNDS 315867 8/14/2014 UTIL REFUNDS 315868 8/14/2014 UTIL REFUNDS 3.15869 8/14/2014 UTIL REFUNDS 315870 8/14/2014 UTILREFUNDS Grand Total: AMOUNT 69.02 77.72 52.06 37.25 4.75 32.80 48.75 42.46 309.86 24.03 18.85 42.35 50.37 42.88 89.37 26.81 22.18 83.85 667,196.96 5 TRANS. NBR 1004602 1004603 1004604 1004605 1004606 1004607 1004608 1004609 1004610 1004611 1004612 1004613 1004614 1004615 1004616 1004617 1004618 1004619 1004620 1004621 1004622 1004623 1004624 1004625 1004626 1004627 1004628 1004629 1004630 1004631. 1004632 1004633 1004634 1004635 1004636 1004637 1004638 1004639 1004640 1004641 1004642 Grand Total: ELECTRONIC PAYMENT - VISA CARD DATE 8/8/2014 8/8/2014 8/8/2014 8/8/2014 8/8/2014 8/8/2014 8/8/2014 8/8/2014 8/8/2014 8/8/2014 8/8/2014 8/8/2014 8/11/2014 8/11/2014 8/11/2014 8/11/2014 8/11/2014 8/11/2014 8/11/2014 8/11/2014 8/11/2014 8/11/2014 8/11/2014 8/11/2014 8/11/2014 8/11/2014 8/11/2014 8/11/2014 8/12/2014 8/12/2014 8/12/2014 8/12/2014 8/12/2014 8/12/2014 8/12/2014 8/12/2014 8/12/2014 8/12/2014 8/12/2014 8/12/2014 8/12/2014 VENDOR EVERGLADES FARM EQUIPMENT CO INC SAFETY PRODUCTS INC LIGHTSOURCE IMAGING SOLUTIONS LLC INDIAN RIVER OXYGEN INC DAVES SPORTING GOODS & TROPHIES SMITH BROTHERS CONTRACTING EQUIP ALLIED UNIVERSAL CORP ARAMARK UNIFORM & CAREER APPAREL LLC SOUTHERN COMPUTER WAREHOUSE CAPITAL OFFICE PRODUCTS AUTO PARTNERS LLC S & S AUTO PARTS REPUBLIC SERVICES OF FLORIDA EVERGLADES FARM EQUIPMENT CO INC SAFETY PRODUCTS INC INDIAN RIVER BATTERY INDIAN RIVER OXYGEN INC MIKES GARAGE & WRECKER SERVICE INC GALLS LLC DEERE & COMPANY SCRIPPS TREASURE COAST PUBLISHING LLC RECHTIEN INTERNATIONAL TRUCKS SOUTHERN JANITOR SUPPLY INC STAT MEDICAL DISPOSAL INC AT&T OFFICE DEPOT BSD CUSTOMER SVC WASTE MANAGEMENT INC BRIDGESTONE GOLF INC EVERGLADES FARM EQUIPMENT CO INC PRAXAIR DISTRIBUTION SOUTHEAST LLC NORTH SOUTH SUPPLY INC APPLE INDUSTRIAL SUPPLY CO ABCO GARAGE DOOR CO INC ALLIED UNIVERSAL CORP HOMELAND IRRIGATION SOUTHERN COMPUTER WAREHOUSE SEBASTIAN OFFICE SUPPLY CO SCRIPPS TREASURE COAST PUBLISHING LLC BARKER ELECTRIC, AIR CONDITIONING S&SAUTOPARTS HYDRA SERVICE (S) INC AMOUNT 39.56 860.50 384.14 43.75 509.97 2,913.84 952.00 613.29 33.13 965.17 53.14 83.59 42.92 780.04 141.24 935.60 3,468.70 45.00 115.54 314.02 208.56 234.23 1,063.00 65.00 7,344.42 261.80 1,076.87 419.58 219.76 33.76 45.54 364.89 1,163.50 7,847.22 220.16 1,118.75 123.99 504.00 326.00 465.10 1,417.46 37,818.73 1 TRANS NBR 3125 3126 3127 3128 3129 3130 Grand Total: ELECTRONIC PAYMENTS - WIRE & ACH DATE 8/7/2014 8/8/2014 8/8/2014 8/8/2014 8/11/2014 8/13/2014 VENDOR SENIOR RESOURCE ASSOCIATION CDM SMITH INC VEROTOWN LLC CLOSE CONSTRUCTION LLC IRS -PAYROLL TAXES I R C HEALTH INSURANCE - TRUST AMOUNT 273,162,23 3,125.00 25,952.93 255,578.78 15,128.47 51,267.30 624,214.71 1 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: August 21, 2014 SUBJECT: APPROVAL OF WARRANTS August 15, 2014 to August 21, 2014 In compliance with Chapter 136.06, Florida Statutes, all warrants (checks and electronic payments) issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached list of warrants, issued by the Comptroller's office, for the time period of August 15, 2014 to August 21, 2014. Attachment: DB: MS 19 CHECK NBR 315871 315872 315873 315874 315875 315876 315877 315878 315879 315880 315881 315882 315883 315884 315885 315886 315887 315888 315889 315890 315891 315892 315893 315894 315895 315896 315897 315898 315899 315900 315901 315902 315903 315904 315905 315906 315907 315908 315909 315910 315911 315912 315913 315914 315915 315916 315917. 315918 315919 315920 315921 315922 315923 315924 315925 315926 315927 315928 CHECKS WRITTEN CK DATE VENDOR 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTII, REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UT[L REFUNDS 8/21/2014 UT1L REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UT1L REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTE, REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 um, REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UT1L REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8212014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/212014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UT1L REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS AMOUNT 6.51 322.80 129.20 49.27 84.32 40.39 46.40 46.47 83.18 81.48 77.85 38.25 33.41 28.83 18.88 42.33 38.60 13.17 11.09 10.10 44.24 83.85 12.22 21.08 74.54 80.29 185.84 71.77 62.98 51.84 72.16 9.41 55.12 65.72 46.60 41.91 81.48 35.90 35.30 80.69 11.12 12.96 37.10 30.19 70.92 67.12 37.66 50.39 154.97 58.29 64.28 12.99 68.38 30.57 33.69 2.50 172.79 57.92 1 CMCK NBR 315929 315930 315931 315932 315933 315934 315935 315936 315937 315938 315939 315940 315941 315942 315943 315944 315945 315946 315947 315948 315949 315950 315951 315952 315953 315954 315955 315956 315957 315958 315959 315960 315961 315962 315963 315964 315965 315966 315967 315968 315969 315970 315971 315972 315973 315974 315975 315976 315977 315978 315979 315980 315981 315982 315983 315984 315985 315986 315987 315988 CK DATE VENDOR 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTiL REFUNDS 8/21/2014 UTI/. REFUNDS 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UT1L REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UT1L REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UT1L REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTJL REFUNDS UTIL REFUNDS UTIL REFUNDS UT1L REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS AMOUNT 61.16 25.47 313.45 38.13 22.89 37.11 39.04 73.11 40.13 7.28 46.30 20.24 13.74 42.19 41.64 41.64 38.57 16.91 10.08 83.24 46.64 100.00 27.64 60.37 90.41 34.41 29.55 37.08 70.75 13.77 96.84 63.65 83.17 125.00 30.55 48.46 89.37 30.41 95.10 18.18 169.64 17.27 247.12 34.78 32.25 24.58 42.81 201.79 65.98 13.82 16.20 34.85 89.04 23.23 23.89 29.84 32.75 84.36 27.55 29.86 2 CHECK NBR 315989 315990 315991 315992 315993 315994 315995 315996 315997 315998 315999 316000 316001 316002 316003 316004 316005 316006 316007 316008 316009 316010 316011 316012 316013 316014 316015 316016 316017 316018 316019 316020 316021 316022 316023 316024 316025 316026 316027 316028 316029 316030 316031 316032 316033 316034 316035 316036 316037 316038 316039 316040 316041 316042 316043 316044 316045 316046 316047 316048 CK DATE VENDOR 8/21/2014 UTIL REFUNDS 8/21/2014 UTILREFUNDS 8/21/20I4 UTILREFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTILREFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTILREFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTILREFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTILREFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTILREFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTILREFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTILREFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTJL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL. REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTILREFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTILREFUNDS 8/21/2014 MIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTILREFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS AMOUNT 40.85 51.97 10.46 31.15 69.27 38.60 36.98 46.30 34.06 53.59 31.66 8.89 65.56 259.10 3229 62.23 40.13 22.19 81.48 63.48 63.65 40.96 74.38 75.11 414.28 55.76 56.63 75.49 65.14 42.33 6.01 115.09 81.56 47.14 62.32 77.11 172.00 37.94 24.58 3.34 51.63 58.91 21.33 22.06 21.06 26.64 26.62 51.59 43.05 23.56 41.90 68.73 1.54 65.32 185.53 77.97 70.60 50.00 41.23 4.85 3 CHECK NBR 316049 316050 316051 316052 316053 316054 316055 316056 316057 316058 316059 316060 316061 316062 316063 316064 316065 316066 316067 316068 316069 316070 316071 316072 316073 316074 316075 316076 316077 316078 316079 316080 316081 316082 316083 316084 316085 316086 316087 316088 316089 316090 316091 316092 316093 316094 316095 316096 316097 316098 316099 316100 316101 316102 316103 316104 316105 316106 316107 316108 CK DATE VENDOR 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 CLEMENTS PEST CONTROL 8/21/2014 PORT CONSOLIDATED INC 8212014 JORDAN MOWER INC 8/21/2014 ROBINSON EQUIPMENT COMPANY INC 8/21/2014 TEN -8 FIRE EQUIPMENT INC 8/21/2014 VERO CHEMICAL DISTRIBUTORS INC 8/21/2014 COPYCO INC 8/21/2014 RICOH USA INC 8/21/2014 CHISHOLM CORP OF VERO 8/21/2014 AT&T WIRELESS 8/21/2014 BRENDA DICKHART 8/21/2014 COLD AIR DISTRIBUTORS WAREHOUSE 8/21/2014 DELTA SUPPLY CO 8/21/2014 E -Z BREW COFFEE & BOTTLE WATER SVC 8/21/2014 KELLY TRACTOR CO 8/21/2014 DEMCO INC 8/21/2014 AMERIGAS EAGLE PROPANE LP 8/21/2014 AMERICAS EAGLE PROPANE LP 821/20I4 AMERIGAS EAGLE PROPANE LP 821/2014 AMERIGAS EAGLE PROPANE LP 8/21/2014 AMERIGAS EAGLE PROPANE 12 8/21/2014 DAILY COURIER SERVICE INC 8/21/2014 GAYLORD BROTHERS INC 8/21/2014 MARK W HILL 8/21/2014 PAI !LRSON POPE INC 8212014 HD SUPPLY WATERWORKS, LTD 8/21/2014 BOUND TREE MEDICAL LLC 8/21/2014 SCHULKE BITTLE & STODDARD LLC 8212014 PETES CONCRETE 8212014 EGP INC 8/21/2014 VERO INDUSTRIAL SUPPLY INC 8212014 ACE PLUMBING INC 8/21/2014 TIRESOLES OF BROWARD INC 8/21/2014 FIRESTONE COMPLETE AUTO CARE 8212014 CENTER POINT INC 8/21/2014 MORNING STAR. PERSONJLIZED APPAREL INC 8/21/2014 GENERAL PART INC 8212014 ASPHALT RECYCLING INC 8/212014 BAKER & TAYLOR INC 8/21/2014 GROVE WELDERS INC 8/21/2014 MIDWEST TAPE LLC 8/21/2014 MICROMARKETING LLC 8/21/2014 RELIABLE POLY JOHN 8/21/2014 FLORIDAASSOCIATION OF COUNTIES INC 8/21/2014 GRACES LANDING LTD 821/2014 CREATIVE CHOICE HOMES XVI LTD 8/21/2014 PST SERVICES INC 8/21/2014 CITY OF VERO BEACH 8/21/2014 FLORIDA GOVERNMENT FINANCE 8212014 FLORIDA EAST COAST RAILWAY LLC 8/21/2014 JANITORIAL DEPOT OF AMERICA INC 8/21/2014 TREASURE COAST HOMELESS SERVICES 821/2014 CENTRAL ASSEMBLY OF GOD 8212014 PUBLIX SUPERMARKETS AMOUNT 21.53 39.04 46.44 45.49 138.48 72.80 125.00 1,521.24 284.57 922.88 5,932.72 554.52 30.73 244.68 1,053.08 1,025.87 556.00 1,885.77 1,907.10 38.50 905.95 75.31 32.13 45.31 134.00 134.00 2,677.81 280.00 437.86 31.50 139.81 1,163.13 2,150.04 2,535.47 1,450.00 919.87 196.68 85.00 603.04 1,367.04 441.57 808.40 953.91 115,677.18 1,078.45 5,920.07 1,370.33 329.82 94.07 75.00 252.00 710.00 29,313.42 7,089.46 35.00 2,403.57 359.87 6,436.07 150.00 67.85 4 CHECK NBR 316109 316110 316111 316112 316113 316114 316115 316116 316117 316118 316119 316120 316121 316122 316123 316124 316125 316126 316127 316128 316129 316130 316131 316132 316133 316134 316135 316136 316137 316138 316139 316140 316141 316142 316143 316144 316145 316146 316147 316148 316149 316150 316151 316152 316153 316154 316155 316156 316157 316158 316159 316160 316161 316162 316163 316164 316165 316166 316167 316168 CK DATE VENDOR 8/21/2014 PUBLIX SUPERMARKETS 8/21/2014 WAL MART STORES EAST LP 8/21/2014 SAN MARCO INTI, INC 8/21/2014 FLORIDA DEPT OF AGRICULTURE AND 8/21/2014 FLORIDA DEPT OF AGRICULTURE AND 8/21/2014 ACUSHNET COMPANY 8/21/2014 WEST PUBLISHING CORPORATION 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/212014 8/21/2014 8/21/2014 8/21/2014 8212014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 INFORMATION TODAY INC RIVERFRONT HOTEL LLC THOMAS WILLIAM CAVILL MANPOWER DON LAWLESS MORGAN & EKLUND INC CITY OF SEBASTIAN SUBSTANCE AWARENESS COUNCIL OF IRC INC FLORIDA POWER AND LIGHT JAMES GRAY JR PUBLIC DEFENDER IRC HOUSING AUTHORITY CITY OF FELLSMERE SUNSHINE STATE ONE CALL OF FL INC CATHOLIC CHARITIES DIOCESE OF PALM BCH CORY RICHTER FLORIDA NOTARY ASSOCIATION INC GERALD A YOUNG SR ALAN C KAUFFMANN AETNA CIGNA BLUE CROSS BLUE SHIELD BLUE CROSS BLUE SHIELD TIM GEIB VERO CLUB PARTNERS LTD JAMES WILLIAM OOLEY ST ELIZABETH CHURCH OF DELIVERANCE THE PALMS AT VERO BEACH PERKINS COMPOUNDING PHARMACY W S DARLEY & COMPANY FLORIDA RURAL WATER ASSOCIATION TRANS US INC PO 11ERS INDUSTRIES LLC WILLIAM SHANDOR CELICO PARTNERSHIP JEAN PETERS VAN WAL INC JOSEPH W VASQUEZ HYDROMENTIA BIG BROTHERS AND BIG SISTERS FLORIDA RURAL LEGAL SERVICES INC THE SHERWIN WILLIAMS CO ETR LLC STAPLES CONTRACT & COMMERCIAL INC GLOVER OIL COMPANY INC MALA GEOSCIENCE USA INC METRO FERE PROTECTION SERVICES INC CONSOLIDATED ELECTRICAL DISTRIBUTORS INC KENNY CAMPBELL JR D&S ENTERPRISES OF VERO BCH LLC SUNCOAST REALTY & RENTAL MGMT LLC HIBU INC JOHNNY B SMITH AMOUNT 90.00 32.70 350.00 150.00 150.00 565.46 97.00 684.53 402.00 218.60 606.00 120.00 2,330.00 19,884.70 662.55 45,717.02 350.80 2,907.98 341.00 20.66 1,064.20 1,682.85 31.85 40.00 90.00 160.00 397.76 273.84 784.34 470.80 60.00 304.00 60.00 50.00 500.00 248.34 888.91 35.00 847.43 2,760.00 90.00 364.36 120.00 8.00 120.00 8,887.73 1,250.00 2,155.83 1,702.80 90.07 9.32 11,680.78 375.00 62.50 105.79 100.00 75.00 979.00 251.00 60.00 5 CHECK NBR 316169 316170 316171 316172 316173 316174 316175 316176 316177 316178 316179 316180 316181 316182 316183 316184 316185 316186 316187 316188 316189 316190 316191 316192 316193 316194 316195 316196 316197 316198 316199 316200 316201 316202 316203 316204 316205 316206 316207 316208 316209 316210 316211 316212 316213 316214 316215 316216 316217 316218 316219 316220 316221 316222 316223 316224 316225 316226 316227 316228 CK DATE VENDOR AMOUNT 8/21/2014 CHARLES A WALKER 120.00 8/21/2014 FAULKNER, CHARLES O 298.00 8/21/2014 RUDOLPH EBERSTADT JR 51.69 8/21/2014 SABRINA BRUNSON 50.00 8/21/2014 GUARDIAN COMMUNITY RESOURCE MANAGEMENT 350.00 8/21/2014 DANIELIOFFREDO 40.00 8/21/2014 BENNETT AUTO SUPPLY INC 365.44 8/21/2014 RENAE CHANDLER 50.00 8/21/2014 TREASURE COAST FOOD BANK NC 193.82 8/21/2014 SHARON BASS ORALPHONSO BASS 50.00 8/21/2014 MICHELLE VAN KEULEN 200.00 8/21/2014 DAVID L HANCOCK 1,171.80 8/21/2014 FRANCIS P GARVEY 194.61 8/21/2014 NICOLACE MARKETING INC 950.00 8/21/2014 HOLLIS HOIER 40.00 8/21/2014 SANDY ARACENA 120.00 8/21/2014 PROMOTE YOU LLC 1,852.90 8/21/2014 FLORIDA MEDICAID 532.16 8/21/2014 ALMM LLC 600.00 8/21/2014 MCAFEE INC 7,776.00 8/21/2014 INEOS NEW PLANET BIOENERGY LLC 49,246.23 8/21/2014 WOERNER DEVELOPMENT INC 1,165.00 8/21/2014 GEB COMPUTER TRAINING LTD 3,100.00 8/21/2014 ATLANTIC COASTAL LAND TITLE CO LLC 150.00 8/21/2014 607-627 SEBASTIAN BLVD LLC 7,903.89 8/21/2014 607-627 SEBASTIAN BLVD LLC 7,903.87 8/21/2014 ADVANCED DRAINAGE SYSTEMS INC 2,869.43 8/21/2014 D R HORTON INC 8,192.00 8/21/2014 YOUR AQUA INSTRUCTOR LLC 160.00 8/21/2014 SAFETY SCHELL CORPORATION 29,261.17 8/21/2014 SOUTHEAST STRUCTURAL ENGINEERS INC 750.00 8/21/2014 SUMMER DESOUZA 50.00 8/21/2014 FLORIDA COMBINED 14,734.36 8/21/2014 FLORIDA COMBINED 8,516.92 8/21/2014 SULTANDRA. MOSLEY 50.00 8/21/2014 DELRAY MOTORS 302.65 8/21/2014 JOSEPH CATALANO 60.00 8/21/2014 PEGGY CARDELL & ASSOCIATES 2,808.00 8/21/2014 RAYMOND J DUCHEMIN 120.00 8/21/2014 XYLEM WATER SOLUTION USA INC 5,182.00 8/21/2014 REDUS FLORIDA HOUSING LLC 28,450.50 8/21/2014 CAROL B CRANFORD 250.00 8/21/2014 YP LLC 137.80 8/21/2014 GOLF TIME LLC 698.52 8/21/2014 JANICE MASI 92.89 8/21/2014 VINCENT BURKE 309.26 8/21/2014 ALCURT VERO BEACH LLC 964.00 8/21/2014 LOWES HOME CENTERS INC 1,44726 8/21/2014 LABOR READY SOUTHEAST INC 11,099.52 8/21/2014 CARDINAL HEALTH 110 INC 677.35 8/21/2014 EMILY K DIMATTEO 60.00 8/21/2014 ALEX MIKLO 60.00 8/21/2014 STRAIGHT OAK LLC 111.70 8/21/2014 BALLARD PARTNERS INC 6,250.00 8/21/2014 KANSAS STATE BANK OF MANHATTAN 138.40 8/21/2014 GONZALEZ SAGGIO & HARLAN LLP 12,292.50 8/21/2014 RYAN NERCO PRODUCTS CORP 42,453.14 8/21/2014 WADE WILSON 40.00 8/21/2014 DUININCK INC 126,597.00 8/21/2014 BRUCE SABOL 40.00 6 CHECK NBR 316229 316230 316231 316232 316233 316234 316235 316236 316237 316238 316239 316240 316241 316242 316243 316244 316245 316246 316247 316248 316249 316250 316251 316252 316253 316254 316255 316256 316257 316258 316259 316260 316261 316262 316263 316264 316265 316266 316267 316268 316269 316270 316271 316272 316273 316274 316275 316276 316277 316278 316279 316280 316281 316282 316283 316284 316285 316286 316287 316288 CK DATE VENDOR 8/21/2014 COAST TO COAST COMPUTER PRODUCTS 8/21/2014 MARGIE SMITH 8/21/2014 CARA COBB 8/21/2014 RICHARD BEECHER 8/21/2014 VALERIE WATERS 8/21/2014 JEFF PASSARETTI 8/21/2014 METROLINE INC 8/21/2014 AXIS DATA SOLUTIONS INC 8/21/2014 OLIVE WELLS 8/21/2014 SUSAN DUNBAR 8/21/2014 MARLINABADENHOP 8/21/2014 THOMAS STEVENS 8/21/2014 MICHELLE STAUFENBERJ 8/21/2014 SHAWN MAKSIM 8/21/2014 KEREN DISISTO 8/21/2014 AMBER LANCASTER 8/21/2014 CILDA & DAVID MARTINEZ 8/21/2014 SEBASTIAN INLET DISTRICT 8/21/2014 LEE KIMBALL 8/21/2014 JOAN MCCAULEY 8/21/2014 HOWARD F HUEGEL 8/21/2014 AMANDA GONZALEZ 8/21/2014 PERFORMANCE WEIGHTLIFTING LLC 8/21/2014 AURELIA YOBLONSKI 8/21/2014 RODENIA L BACKMON 8/21/2014 THOMAS A VENTI 8/21/2014 ROGELIO TELLEZ 8/21/2014 GEORGE B WAY 8/21/2014 AIR DOCS OF THE TREASURE COAST 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UM, REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 8/21/2014 UTIL REFUNDS 821/2014 UTIL REFUNDS 821/2014 UTIL REFUNDS AMOUNT 219.98 64.00 90.00 40.00 620.00 120.00 1,417.00 15,000.00 81.30 83.33 140.00 1,659.00 50.00 314.00 50.00 50.00 493.87 99.03 25.00 264.00 87.83 5.00 150.00 237.20 129.14 218.94 36.51 218.62 3,854.00 74.44 338.14 71.37 77.13 46.43 7.06 55.95 406.64 64.59 66.03 57.74 375.14 81.82 119.11 35.47 33.50 59.79 70.25 26.54 59.47 40.41 11.97 45.06 81.75 38.41 42.88 12.53 34.76 47.56 42.28 26.91 7 CHECK NBR 316289 316290 316291 316292 316293 316294 316295 316296 316297 316298 316299 316300 316301 316302 316303 Grand Total: CK DATE 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 8/21/2014 VENDOR UTIL REFUNDS UTll REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS AMOUNT 40.00 61.44 61.70 18.36 32.44 31.96 59.87 42.21 41.61 18.32 195.84 43.42 33.11 46.38 84.80 749,635.82 8 TRANS. NBR 1004643 1004644 1004645 1004646 1004647 1004648 1004649 1004650 1004651 1004652 1004653 1004654 1004655 1004656 1004657 1004658 1004659 1004660 1004661 1004662 1004663 1004664 1004665 1004666 1004667 1004668 1004669 1004670 1004671 1004672 1004673 1004674 1004675 1004676 1004677 Grand Total: ELECTRONIC PAYMENT - VISA CARD DATE 8/18/2014 8/18/2014 8/18/2014 8/18/2014 8/18/2014 8/18/2014 8/18/2014 8/18/2014 8/18/2014 8/18/2014 8/18/2014 8/18/2014 8/18/2014 8/18/2014 8/18/2014 8/18/2014 8/19/2014 8/19/2014 8/19/2014 8/19/2014 8/19/2014 8/19/2014 8/19/2014 8/19/2014 8/19/2014 8/19/2014 8/19/2014 8/19/2014 8/19/2014 8/19/2014 8/19/2014 8/19/2014 8/19/2014 8/19/2014 8/19/2014 VENDOR AMOUNT INDIAN RIVER BATTERY 583.85 MIKES GARAGE & WRECKER SERVICE INC 50.00 DAVES SPORTING GOODS & TROPHIES 1,344.86 APPLE INDUSTRIAL SUPPLY CO 141.90 ABCO GARAGE DOOR CO INC 766.00 ARAMARK UNIFORM & CAREER APPAREL LLC 648.92 NEC CORPORATION OF AMERICA 19,127.88 CENGAGE LEARNING CORPORATION 520.56 DEERE & COMPANY 216.59 COMO OIL COMPANY OF FLORIDA 20.81 PRIDE ENTERPRISES 23.00 SCRIPPS TREASURE COAST PUBLISHING LLC 1,399.28 COMPLETE ELECTRIC INC 983.79 CAPITAL OFFICE PRODUCTS 199.34 AUTO PARTNERS LLC 297.37 S & S AUTO PARTS 6.55 PRAXAIR DISTRIBUTION SOUTHEAST LLC 345.45 HENRY SCHEIN INC 2,814.25 LIGHTSOURCE IMAGING SOLUTIONS LLC 127.00 MIKES GARAGE & WRECKER SERVICE INC 85.00 HOMELAND IRRIGATION 14.00 NEC CORPORATION OF AMERICA 14,270.63 FERGUSON ENTERPRISES INC 947.00 SCRIPPS TREASURE COAST PUBLISHING LLC 441.00 ESRI INC 1,010.00 STRYKER SALES CORP 797.64 MIDWEST MOTOR SUPPLY CO 640.15 RECHTLEN INTERNATIONAL TRUCKS 1,190.99 SYNAGRO-WWT INC 23,238.75 SOUTHERN JANITOR SUPPLY INC 1,375.84 HARCROS CHEMICALS, INC. 10,602.00 L&L DISTRIBUTORS 314.16 S & S AUTO PARTS 91.69 STAT MEDICAL DISPOSAL INC 495.00 HORIZON DISTRIBUTORS INC 62.18 85,193.43 28 TRANS NBR 3131 3132 3133 3134 3135 3136 3137 3138 3139 3140 3141 3142 3143 3144 3145 3146 3147 3148 Grand Total: ELECTRONIC PAYMENTS - WIRE & ACH DATE 8/15/2014 8/15/2014 8/15/2014 8/15/2014 8/15/2014 8/15/2014 8/15/2014 8/15/2014 8/15/2014 8/15/2014 8/15/2014 8/15/2014 8/15/2014 8/15/2014 8/18/2014 8/18/2014 8/18/2014 8/19/2014 VENDOR FL SDU ICMA RETIREMENT CORPORATION NACO/SOUTHEAST NACO/SOUTHEAST IRC FIRE FIGHTERS ASSOC BENEFI I S WORKSHOP FLORIDA LEAGUE OF CITIES, INC ICMA RETIREMENT CORPORATION R J SULLIVAN CORP KIMLEY HORN & ASSOC INC CDM SMITH INC INDIAN RIVER COUNTY SHERIFF SCHOOL DISTRICT OF I R COUNTY NACO/SOUTHEAST TEAMSTERS LOCAL UNION #769 IRS -PAYROLL TAXES HARBOR TITLE & ESCROW INC PROFESSIONAL TITLE AMOUNT 8,796.55 10,508.45 410.98 28,348.28 6,060.00 3,567.61 4,629.83 2,060.00 3,099.71 3,184.00 2,880.00 30,565.65 158,040.00 11,350.03 5,372.00 366,596.00 10,000.00 15,000.00 670,469.09 1 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 DIRECT THRU: JEFFREY R. SMITH, COMPTROLLER DATE: August 28, 2014 SUBJECT: APPROVAL OF WARRANTS August 22, 2014 to August 28, 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 August 22, 2014 to August 28, 2014. Attachment: DB: MS 30 CHECK NBR 316304 316305 316306 316307 316308 316309 316310 316311 316312 316313 316314 316315 316316 316317 316318 316319 316320 316321 316322 316323 316324 316325 316326 316327 316328 316329 316330 316331 316332 316333 316334 316335 316336 316337 316338 316339 316340 316341 316342 316343 316344 316345 316346 316347 316348 316349 316350 316351 316352 316353 316354 316355 316356 316357 316358 316359 316360 316361 CK DATE 8/22/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 CHECKS WRITTEN VENDOR RIVERFRONT HOTEL LLC 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 MARK KNOWLES PAULA WHIDDON JAMES W DAVIS NITA EZELL MISS INC OF THE TREASUE COAST DANIEL CORY MARTIN CRAIG LOPES PAULAROGERS & ASSOCIATES INC FREDDA LOZADO FIVE STAR PROPERTY HOLDING LLC WILLIAM LEE ALCURT VERO BEACH LLC MARK BAER 33 MILES EAST INVESTMENTS LLC FRESH START HOUSING LLC SABEL CHASE ROBERTS J GORMAN JUAN CHAVES REID REALTY PORT CONSOLIDATED INC SPEEDWELL TARGETS JORDAN MOWER INC ROBINSON EQUIPMENT COMPANY INC TEN -8 FIRE EQUIPMENT INC RANGER CONSTRUCTION IND INC VERO CHEMICAL DISTRIBUTORS INC RICOH USA INC STEWART MINING INDUSTRIES INC RUSSELL CONCRETE INC AT&T WIRELESS DATA FLOW SYSTEMS INC COLD AIR DISTRIBUTORS WAREHOUSE E -Z BREW COFFEE & BOTTLE WATER SVC SAFETY KLEEN SYSTEMS INC PULSAFEEDER INC UNIT OF IDEX CORP REPUBLIC SERVICES OF FLORIDA AMERIGAS EAGLE PROPANE LP MARK W HILL MASTELLER MOLER REED & TAYLOR INC DEEP SIX DIVE SHOP INC AMOUNT 402.00 3,658.00 623.00 840.00 286.00 1,517.00 1,551.00 544.00 481.00 454.00 544.00 670.00 409.00 1,793.00 574.00 613.00 410.00 630.00 634.00 553.00 293.00 480.00 1,753.00 1,277.00 350.00 650.00 437.00 797.00 1,264.00 510.00 27,418.00 567.00 929.00 956.00 424.00 700.00 478.00 76,934.70 539.50 265.64 745.14 1,634.14 753.44 277.20 150.40 701.59 1,540.00 278.52 942.00 588.59 98.35 25.00 874.91 36,486.14 469.37 835.70 2,664.00 95.00 CHECK NBR 316362 316363 316364 316365 316366 316367 316368 316369 316370 316371 316372 316373 316374 316375 316376 316377 316378 316379 316380 316381 316382 316383 316384 316385 316386 316387 316388 316389 316390 316391 316392 316393 316394 316395 316396 316397 316398 316399 316400 316401 316402 316403 316404 316405 316406 316407 316408 316409 316410 316411 316412 316413 316414 316415 316416 316417 316418 316419 316420 316421 CK DATE VENDOR 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8282014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/282014 8/28/2014 8/28/2014 8/282014 8/28/2014 8/28/2014 RELIABLE SEPTIC AND SERVICE PETES CONCRETE EGP INC VERO INDUSTRIAL SUPPLY INC EXPRESS REEL GRINDING INC TIRESOLES OF BROWARD INC CARTER ASSOCIATES INC GOLF SPECIALTIES INC GENERAL PART INC SIGNS IN A DAY BAKER & TAYLOR INC GROVE WELDERS INC BRANDTS APPLIANCE SERVICE INC MIDWEST TAPE LLC NORTHERN SAFETY CO INC MICROMARKETING LLC FIRST HOSPITAL LABORATORIES INC GO COASTAL INC GREENE INVESTMENT PARTNERSHIP LTD PING INC CLERK OF CIRCUIT COURT INDIAN RIVER COUNTY HEALTH DEPT INDIAN RIVER COUNTY HEALTH DEPT INDIAN RIVER COUNTY HEALTH DEPT INDIAN RIVER COUNTY PROPERTY APPRAISER MEDICAL EXAMINERS OFFICE VICTIM ASSISTANCE PROGRAM ROGER J NICOSIA CITY OF VERO BEACH CITY OF VERO BEACH CITY OF VERO BEACH CITY OF VERO BEACH ILLINOIS STATE DISBURSEMENT UNIT UNITED WAY OF INDIAN RIVER COUNTY UNITED PARCEL SERVICE INC PETTY CASH INDIAN RIVER COUNTY SHERIFF JANITORIAL DEPOT OF AMERICA INC TREASURE COAST HOMELESS SERVICES WAL MART STORES EAST LP INTERNATIONAL GOLF MAINTENANCE INC EXCHANGE CLUB CASTLE GEOSYNTEC CONSULTANTS INC INDIAN RIVER HABITAT IRC CHAMBER OF COMMERCE ST JOHNS RIVER WATER MGMT DISTRICT ST JOHNS RIVER WATER MGMT DISTRICT HD SUPPLY FACILITIES MAINTENANCE LTD RIVERFRONT HOTEL LLC DON LAWLESS PERKINS INDIAN RIVER PHARMACY SPRINT SPECTRUM LP SPRINT SPECTRUM LP CALLAWAY GOLF SALES COMPANY FLORIDA POWER AND LIGHT FLORIDA POWER AND LIGHT FLORIDA POWER AND LIGHT MIKE CLIFFORD INDIAN RIVER COUNTY TAX COLLECTOR GIFFORD YOUTH ACTIVITY CENTER INC AMOUNT 45.00 875.00 103.00 288.69 2,626.00 322.64 450.00 3,125.00 1,697.42 220.00 2,268.30 59.02 84.00 1,206.50 85.46 36.00 61.25 3,696.00 3,186.45 398.89 918.74 95,293.41 192.00 90.00 51.35 22,974.08 4,428.66 1,500.00 7,321.88 2,011.99 11,612.50 2,500.00 142.32 1,209.41 26.04 16.48 30,283.10 1,322.60 28,648.00 261.66 86,351.98 4,048.07 1,530.01 2,549.08 2,704.43 2,110.00 2,110.00 86.82 402.00 60.00 35.09 29.44 61.60 78.00 47,825.63 352.33 6,312.84 300.00 85.10 6,701.52 2 CHECK NBR 316422 316423 316424 316425 316426 316427 316428 316429 316430 316431 316432 316433 316434 316435 316436 316437 316438 316439 316440 316441 316442 316443 316444 316445 316446 316447 316448 316449 316450 316451 316452 316453 316454 316455 316456 316457 316458 316459 316460 316461 316462 316463 316464 316465 316466 316467 316468 316469 316470 316471 316472 316473 316474 316475 316476 316477 316478 316479 316480 316481 CK DATE 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 VENDOR GAIL E FLINN STATE ATTORNEY MEDICARE PART B FINANCIAL SERVICES JOSEPH A BAIRD AARP INSURANCE GERALD A YOUNG SR INDIAN RIVER FARMS WATER CNTRL DIST ALAN C KAUFFMANN NAEMT INDIAN RIVER COUNTY HISTORICAL G K ENVIRONMENTAL INC FL ASSOC OF PUBLIC PURCHASING OFFICERS INC CHILDRENS HOME SOCIETY OF FL IDEA GARDEN ADVERTISING BRIDGE DESIGN ASSOCIATES INC CAPE PUBLICATIONS INC C & C ELECTRIC WORKS INC HAYTH,HAYTH & LANDAU GARY DILTS CHARLES SHIPLEY RUSSELL PAYNE INC JEAN PETERS CINTAS CORPORATION NO 2 FLORIDA DEPT OF JUVENILE JUSTICE VAN WAL INC JOSEPH W VASQUEZ ALAN HILL JOHNS EASTERN COMPANY INC COPYTRONICS INC MBV ENGINEERING INC CENTRAL PUMP & SUPPLY INC AWERBACH & COHN PA ADMIN FOR CHILD SUPPORT ENFORCEMENT ADMIN FOR CHILD SUPPORT ENFORCEMENT ADMIN FOR CHILD SUPPORT ENFORCEMENT RICHARD M HERREN JOSE RIVERA ORCHID ISLAND PROPERTY MGMT II INC CONSOLIDATED ELECTRICAL DISTRIBUTORS INC KENNY CAMPBELL JR JOHNNY B SMITH MUNICIPAL WATER WORKS INC CHRIS K BLAHNIK CHARLES A WALKER REDLANDS CHRISTIAN MIGRANT ASSOC DANIEL IOFFREDO CHRISTOPHER CRAWFORD BENNETT AUTO SUPPLY INC RENAE CHANDLER NICHOLAS CASALINA TREASURE COAST FOOD BANK INC EQ THE ENVIRONMENTAL QUALITY COMPANY MID ATLANTIC MILLING INC HOLLIS HOIER ACTION PRINTERS SANDY ARACENA ALMM LLC ATLANTIC COASTAL LAND TITLE CO LLC KEMPER BUSINESS SYSTEMS GUETTLER BROTHERS CONSTRUCTION LLC AMOUNT 75.00 8,496.73 305.35 639.00 77.89 90.00 200.00 200.00 45.00 538.95 324.00 100.00 750.00 150.00 2,210.85 372.03 3,070.00 125.00 83.00 450.00 569.10 30.00 345.35 20,200.96 90.00 120.00 379.89 7,275.22 1,841.87 714.15 2.76 145.00 208.80 211.63 118.08 279.02 120.00 2,400.00 2,029.85 120.00 120.00 10,725.47 400.00 120.00 4,594.32 60.00 1,965.50 344.88 10.00 83.00 332.86 12,752.64 7,250.00 10.00 97.40 120.00 475.00 75.00 18.86 382,298.00 3 CHECK NBR 316482 316483 316484 316485 316486 316487 316488 316489 316490 316491 316492 316493 316494 316495 316496 316497 316498 316499 316500 316501 316502 316503 316504 316505 316506 316507 316508 316509 316510 316511 316512 316513 316514 316515 316516 316517 316518 316519 316520 316521 316522 316523 316524 316525 316526 316527 316528 316529 316530 316531 316532 316533 316534 316535 316536 316537 316538 316539 316540 316541 CK DATE VENDOR 8/28/2014 YOUR AQUA INSTRUCTOR LLC 8/28/2014 DELRAY MOTORS 8/28/2014 DATA TRANSFER SOLUTIONS LLC 8/28/2014 JOSEPH CATALANO 8/28/2014 FLORIDA ENVIRONMENTAL CONSULTING INC 8/28/2014 HARRISON HYDRA -GEN LTD 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/282014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/282014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/282014 8/28/2014 8/28/2014 8/28/2014 RAYMOND J DUCHEMIN VIDACARE CORPORATION INTEGRITY LAWNS & LANDSCAPING MICHELLE MOORE GOLD MEDAL PRODUCTS BORRELLI & PARTNERS INC AMERICAN MESSAGING SERVICES LLC LOWES HOME CENTERS INC LABOR READY SOUTHEAST INC CARDINAL HEALTH 110 INC ALEX MIKLO BURNETT LIME CO INC IMPECCABLE SIGNS INC COMMERCIAL BUILDING MAINTENANCE TREASURE COAST TURF INC CHEMTRADE CHEMICALS CORPORTATION BAUDVILLE INC FAMILY SUPPORT REGISTRY ERIC CHAREST CARA COBB WORTHINGTON PRODUCTS INC VALERIE WATERS JEFF PASSARETTI SPORT SURFACES LLC MARLINA BADENHOP BERNARD EGAN & COMPANY JAIME CUBA LYDEE DELEEUW ROBERT WM STORK TREASURE COAST HEALTH COUNCIL INC BERNICE HICKS ELAINE BARBOUR PETER BOCCADORO JESSE & SUMMER ALMAND RIG WILLIAMS LLC BECREATIVE MARKETING & PR JORDAN MOWER INC E -Z BREW COWEE & BOTTLE WATER SVC GRAINGER KELLY TRACTOR CO GAYLORD BROTHERS INC HACH CO HD SUPPLY WATERWORKS, LTD EGP INC TIRESOLES OF BROWARD INC GOODYEAR AUTO SERVICE CENTER MIDWEST TAPE LLC ROGER J NICOSIA INDIAN RIVER ALL FAB INC JANITORIAL DEPOT OF AMERICA INC ACUSI-INET COMPANY FLORIDA POWER AND LIGHT GIFFORD COMMUNITY CENTER GLOVER OIL COMPANY INC AMOUNT 40.00 605.37 7,200.00 60.00 2,833.33 2,030.30 140.00 1,659.06 1,750.00 2.75 563.50 55,260.41 38.17 625.65 10,919.04 105.30 60.00 3,234.00 168.00 1,643.00 2,530.00 2,503.89 236.54 9.66 97.08 50.00 6,617.00 360.00 120.00 1,838.90 35.00 3,675.03 129.14 218.74 129.14 5,000.00 27.27 46.40 37.87 500.00 500.00 325.00 293.00 23.50 132.81 463.24 619.02 781.51 1,621.58 158.00 200.00 308.80 240.89 280.00 1,496.00 707.30 1,454.42 44,520.05 4,308.96 76.92 4 CHECK NBR 316542 316543 316544 316545 316546 316547 316548 316549 Grand Total: CK DATE 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 8/28/2014 VENDOR AMOUNT MUNICIPAL WATER WORKS INC 3,246.14 FISHER & PHILLIPS LLP 1,225.00 FISHER & PHILLIPS LLP 1,645.00 WOERNER DEVELOPMENT INC 96.50 FLORIDA ENVIRONMENTAL CONSULTING INC 4,900.00 LOWES HOME CENTERS INC 64.84 LABOR READY SOUTHEAST INC 1,804.80 FORT)LINE INC 19,165.00 1,259,856.34 5 TRANS. NBR 1004678 1004679 1004680 1004681 1004682 1004683 1004684 1004685 1004686 1004687 1004688 1004689 1004690 1004691 1004692 1004693 1004694 1004695 1004696 1004697 1004698 1004699 1004700 1004701 1004702 1004703 1004704 1004705 1004706 1004707 1004708 1004709 1004710 1004711 1004712 Grand Total: ELECTRONIC PAYMENT - VISA CARD DATE VENDOR AMOUNT 8/22/2014 ALLIED UNIVERSAL CORP 2,643.93 8/22/2014 HOMELAND IRRIGATION 137.10 8/22/2014 ARAMARK UNIFORM & CAREER APPAREL LLC 709.1 3 8/22/2014 SOUTHERN COMPUTER WAREHOUSE 635.48 8/22/2014 CENGAGE LEARNING CORPORATION621.77 8/22/2014 SVI SYSTEMS INC 95.00 8/22/2014 SCRIPPS TREASURE COAST PUBLISHING LLC 643.62 855.00 8/22/2014 BARKER ELECTRIC, AIR CONDITIONING 1,029.60 8/22/2014 CAPITAL OFFICE PRODUCTS 8/22/2014 AUTO PARTNERS LLC 2910 422.12 8/22/2014 L&L DISTRIBUTORS 204.00 88 8/22/2014 PACE ANALYTICAL SERVICES INC 78,564.33 8/22/2014 HARRIS SANITATION INC8,561.38 8/22/2014 AT&T 148 8/22/2014 OFFICE DEPOT BSD CUSTOMER SVC1,755.81 8/22/2014 WASTE MANAGEMENT INC 653.15369.51 8/22/2014 BRIDGESTONE GOLF INC 69.58 8/25/2014 EVERGLADES FARM EQUIPMENT CO INC 1,057.301 8/25/2014 HENRY SCHEIN INC140.00 8/25/2014 LIGHTSOURCE IMAGING SOLUTIONS LLC 8/25/2014 HELENA CHEMICAL2,813.00330.90 8/25/2014 INDIAN RIVER BATTERY 8/25/2014 MIKES GARAGE & WRECKER SERVICE INC 300.00 00.00 8/25/2014 GALLS LLC 450.00 8/25/2014 MEEKS PLUMBING INC 213.96 8/25/2014 THE EXPEDITER 8/25/2014 HILL MANUFACTURING CO INC 4, 733.7572.72 8/25/2014 FERGUSON ENTERPRISES INC 279.00 8/25/2014 MIDWEST MOTOR SUPPLY CO 191.40 8/25/2014 FLAGLER CONSTRUCTION EQUIPMENT LLC 20.04 8/25/2014 L&L DISTRIBUTORS 101.85 8/25/2014 S & S AUTO PARTS 5,825.98 8/27/2014 AT&T82938 9. 8/27/2014 OFFICE DEPOT BSD CUSTOMER SVC 2,349.30 8/27/2014 BRIDGESTONE GOLF INC 119,436.492 1 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 3149 8/22/2014 R I SULLIVAN CORP 169,344.18 3150 8/25/2014 INDIAN RIVER COUNTY PROPERTY APPRAISER 215,795.39 Grand Total: 385,139.57 1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM CONSENT AGENDA September 9, 2014 8D TO: THROUGH: Dori Roy, Assistant to County Administra Members of the Board of County Commissioners FROM: DATE: August 19, 2014 Misty L. Pursel, Commissioner Assistant, Districts 1 & 551 SUBJECT: Fiscal Year 2014/15 (October 1, 2014 through September 30, 2015) Blanket Authorization for Commissioners and County Officers to Travel Out of County Presently, Commissioners sit on committees where out of county travel may be required to attend assigned committee meetings (example: Treasure Coast Regional Planning Council), and Commissioners and County Officers may need to attend legislative conferences and meetings scheduled by Florida Association of Counties and National Association of Counties. In addition, there are occasions when it is necessary for Commissioners and County Officers to travel to Tallahassee or other locations in the State to meet with State Representatives, Senators, and State Agencies such as the Department of Environmental Protection, Department of Transportation, and others. Commissioners and County Officers may also need to travel out of County in relation to lobbying efforts for various county projects, grants, or proposed legislation. Approval is requested for Commissioners and County Officers to travel out of county for current and future assigned committee meetings; Florida Association of Counties and National Association of Counties legislative conferences; and approved lobbying efforts including travel to Tallahassee when necessary during the 2014/15 Fiscal Year. 38 Consent Agenda 9/9/14 Office of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney TO: FROM: DATE: SUBJECT: MEMORANDUM Board of County Commissioners William K. DeBraal, Deputy County Attorney September 2, 2014 Cancellation of Agreement for Reservation of Right-of-way for NYLACARB Corporation NYLACARB Corporation (NYLACARB) and Indian River County (County) entered into an Agreement for Reservation for Road Right -of -Way (Agreement) dated March 15, 1988. The Agreement was made a condition of NYLACARB's site plan approval back in 1988. In exchange for site plan approval, NYLACARB agreed to refrain from improving a 29 foot wide setback of their property abutting 98th Avenue. They further agreed to sell this property to the County if and when the County widened 98th Avenue at some point in the future. There was no expiration date specified in the Agreement. Right-of-way reservations were common tools used to secure right-of-way for future road expansion without expending the funds to purchase the future right-of-way. Since that time, the courts have ruled right-of-way reservations are the equivalent of a taking while avoiding the eminent domain process. The courts have held these right-of-way reservation agreements are illegal as almost all use of the property by the owner is prohibited under the terms of the agreement. The dimensions of 98th Avenue have not changed in the 26 years following NYLACARB's site plan approval. Expansion of 98th Avenue is not included in any future plans including the County's 2035 long range plan. Thus, since the County has no plans to expand 98th Avenue in the next 21 years, staff is of the opinion the Agreement for Road Right -of -Way Reservation should be terminated. The attached agreement between NYLACARB and the County revokes all reservations and covenants contained in the original Agreement. COUNTY ATTORNEY ladies River Cs. Admin. Co. Atty. red Date aamiurelimg'ra mais Dept. Pk� .-3-/ 39 MEMORANDUM — NYLACARB September 2, 2014 Page 2 Funding: The recording fees for the document will be less than $30.00 and be funded from the County Attorney's Office budget for other professional services (account number 00110214-033190). Recommendation: Staff recommends the Board approve the Cancellation of Agreement for Reservation of Road Right -of -Way and authorize the Chairman to execute the document on behalf of the Board. c: Mr. Scott Cooley, President, NYLACARB John McCoy, Community Development 40 CANCELLATION OF AGREEMENT FOR RESERVATION OF ROAD RIGHT-OF-WAY THIS AGREEMENT for Cancellation of Agreement for Reservation of Road Right -of -Way made and entered into this day of August, 2014 by and between Indian River County, a political subdivision of the State of Florida herein after "COUNTY", whose address is 1801 27th Street, Vero Beach, FL 32960 and NYLACARB CORP., a Florida corporation, herein after "NYLACARB" whose address is 1725 98th Avenue, Vero Beach, FL 32966, WHEREAS, NYLACARB is the owner of a certain parcel of property located in Indian River County with an address of 1725 98th Avenue, Vero Beach, FL and depicted in the aerial photo described in Exhibit "A" attached; and WHEREAS, the COUNTY and NYLACARB entered into an Agreement for Reservation of Road Right -of -Way ("Agreement") dated March 15, 1988 recorded in the Public Records of Indian River County at OR Book 797 Page 739; and WHEREAS, the parties no longer desire to be bound by the terms and the conditions of that Agreement; and WHEREAS, the parties entered into that Agreement in order for NYLACARB to obtain site plan approval, NOW, THEREFORE, in consideration of the benefits accruing to the parties and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. The Agreement for Reservation of Road Right -of -Way dated March 15, 1988 and recorded at OR Book 797, Page 739 is hereby cancelled and is of no further effect on the parties. 1 41 2. The reservation in the real property described in Exhibit "B" and attached to this document is hereby cancelled and no longer encumbers the real property. 3. The conditions, restrictions and all other terms in the Agreement that were declared to be and constituted covenants running with the land in said Agreement, in the property described in Exhibit "B" are hereby abolished and of no further force and effect. IN WITNESS WHEREOF, the parties have caused this agreement to be signed the day and year first written above. NYLACARB CORPORATION INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By: By: Scott Cooley, President Peter D. O'Bryan, Chairman Date approved: Witness: (print) Attest: Jeffrey R. Smith, Clerk & Comptroller Sign: Witness: (print) Approved as to form and,Jegal Sufficie 1 cy: , William K. e'Brawl Deputy County Attorney By Deputy Clerk Approved: l C' -7 i d of °segcrap,. Baird, County Administrator 2 42 Indian River County, Florida Property Appraiser - Printer Friendly Map Page 1 of 1 Print I Back Indian River County GIS ParcelID OwnerName 33380400001016000001.6 NYLA CARB CORP * Notes PropertyAddress 1725 98TH AV VERO BEACH, FL 32966 http://www.ircpa.org/PrintMap.aspx 7/30/2014 43 EXHIBIT "B" TO RESERVATION OF ROAD RIGHT-OF-WAY AGREEMENT 29.7' RESERVATION Starting at the Northeast corner of Tract 16', Section 4, Township 33 south, Range 38 east, follow south along the east line of said tract 370 feet; Thence west 70.30 feet to the point of beginning. From the point of beginning continue south 280 feet; Thence west 29.70 feet; Thence north 280 feet; Thence east 29.70 feet to the point of beginning. 0_R. 797 PG 0742 44 Indian River County Interoffice Memorandum Office of Management & Budget Consent Agenda 8F To: Members of the Board of County Co > ioners From: Jason E. Brown Director, Office of Management & Bud Date: August 26, 2014 Subject: Miscellaneous Budget Amendment 022 Description and Conditions The 2013/2014 fiscal year ends September 30, 2014. All budget amendments must be completed within sixty (60) days after the close of the fiscal year to be in compliance with Florida Statutes. Staff is requesting the Board of County Commissioners to authorize the Budget Director to complete any necessary budget amendments for balancing the budget for the 2013/2014 fiscal year. Staff Recommendation Staff recommends that the Board of Commissioners approve the attached budget resolution amending the fiscal year 2013/2014 budget. Attachment Budget Resolution APPROVED AGENDA ITEM: BY: lQp 2h .�y j osepi A. Baird County Administrator FOR: September 9, 2014 Indian River County A proved Date Administrator .. 5) Jj / (� �� Legal Budget 26 i ttt 4. Department Risk Management 45 RESOLUTION NO. 2014- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING AUTHORITY TO THE COUNTY ADMINISTRATOR, THE ASSISTANT COUNTY ADMINISTRATOR OR THE DIRECTOR OF THE OFFICE OF MANAGEMENT & BUDGET OR THEIR DESIGNEE TO EXECUTE ALL DOCUMENTS NECESSARY TO AMEND THE FISCAL YEAR 2013-2014 BUDGET DURING THE PERIOD COMMENCING NOVEMBER 13, 2014, THROUGH AND INCLUDING NOVEMBER 30, 2014. WHEREAS, Section 101.05.1.q of The Code of Indian River County allows the Board to authorize the County Administrator, or his designee, to perform other duties on behalf of the Board of County Commissioners; WHEREAS, it is necessary to delegate signing authority, not previously delegated by Florida Statutes, The Code of Indian River County, and Indian River County resolutions, to the County Administrator, the Assistant County Administrator, and the Director of the Office of Management and Budget to be able to make any necessary amendments to the Fiscal Year 2013-2014 budget prior to the closing of the fiscal year; and 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 or by the designated budget officer if the total appropriations of the fund does not change; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY that: 1. The County Administrator, the Assistant County Administrator, and the Director of the Office of Management & Budget are authorized to execute all documents necessary to amend the Fiscal Year 2013-2014 budget, which may arise during the period commencing November 13, 2014, through and including November 30, 2014, provided that all such documents signed during such interval are brought to the Board of County Commissioners for ratification. 2. The Effective Date of this Resolution is September 9, 2014, and this Resolution shall expire without further action of this Board at the close of business on November 30, 2014. The foregoing 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 46 RESOLUTION NO. 2014 - The Chairman thereupon declared -the resolution duly passed and adopted this day of , 2014. ATTEST: Jeffrey R. Smith, Clerk of Court BOARD OF COUNTY COMMISSIONERS and Comptroller OF INDIAN RIVER COUNTY, FLORIDA By: By: Deputy Clerk Peter D. O'Bryan, Chairman Approved as to form and legal sufficiency By: [la�i Reingold, County Attorney 2 47 EXHIBIT "A" CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Joseph A. Baird, County Administrator FROM: John King, Director Department of Emery' cy ' ervices DATE: August 26, 2014 SUBJECT: Invitation from John's Island Golf Club for Staff to Participate in a "Public Safety Day" Golf Outing It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: John's Island Club General Manager Brian Kroh has extended an invitation to the Emergency Services staff to attend the annual "Public Safety Day" scheduled for September 14, 2014. The inaugural golf outing was an expression of appreciation for assistance in suppressing a fire at John's Island West Clubhouse in 1990. Since that time, John's Island Club sponsors an annual public safety day for all county and municipal public safety agencies, including paramedics, firefighters, law enforcement officers, dispatchers, and administrative staff. Chapter 104.06 (5)(b)(8) of the County Code allows units of county employees to participate in "Local outings...with prior approval of the Board of County Commissioners..." Emergency Services employees have participated in the annual outings for many years after receiving approval from the Board. FUNDING: There are no funding requirements for this item. RECOMMENDATION: Staff respectfully requests favorable consideration by the Board regarding the invitation from John's Island Club for Emergency Services staff to participate in the golf outing. 49 ATTACHMENTS: Invitation letter dated August 22, 2014, from Brian Kroh, John's Island Club General Manager APPROVED FOR AGENDA FOR: September 9, 2014 BY: Ca, .0 �` /hI Jost h A. Baird County Administrator Indian River Co. (pro d Datja)//# Legal A Igigi. Budget + 1 J Dept. l pr. d':Q1 Risk Mgr. i . nt 2g ly General Svcs. 50 Brian R. Kroh General Manager August 22, 2014 Mr. John King Director, Department of Emergency Services Indian River County EMS Office 4225 43rd Avenue Vero Beach, Florida 32967 Dear Mr. King: John's Island Club cordially invites you and your Indian River County staff to the 22nd complimentary "Public Safety Day" golf outing on Sunday, September 14, 2014. The event consists of an 18 -hole scramble tournament on our North golf course, followed by lunch at the Golf clubhouse. Because of the event's enormous popularity, we respectfully request that you limit participation to actual employees within your Indian River County Public Safety organization (i.e., no spouses or guests). Please call the John's Island Club Golf Shop at 231-8615, or email golf@johnsislandclub.org as soon as possible with the names of all those in your organization who want to participate, so we may plan accordingly. If you or any of your staff want to play in a specific foursome, be sure you tell the Golf Staff when you respond by call or email. All other players will be randomly paired. The golf outing is a shotgun start at 9:00 a.m., so please remind all participants to be at the Golf clubhouse no later than 8:30 a.m. This will help our golf staff organize foursomes and stage golf bags and carts. Additionally, your help in making your staff aware of the enclosed guidelines regarding golf course dress code, use of the golf carts, care of the course, and pace of play is greatly appreciated. Sincerely, Brian R. Kroh General Manager Is1,111.1 ii • I1, IIcu 17-72) I 51 t'UN'S1 \ INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AICP Community Devel ent Director FROM: Sasan Rohani, AICP Chief, Long -Range Planning DATE: August 21, 2014 SUBJECT: CONSIDERATION OF INDIAN RIVER COUNTY'S 2014 SHIP PROGRAM ANNUAL REPORTS It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of September 9, 2014. DESCRIPTION AND CONDITIONS In the early 1990's, the State Housing Initiatives Partnership (SHIP) Program was created by the State of Florida. Through that program, the state collects documentary stamp tax revenue and allocates those funds to local governments to be used for affordable housing purposes. On April 6, 1993, the Board of County Commissioners adopted the Indian River County Local Housing Assistance Plan (Ordinance #93-13), By adopting the plan and subsequently receiving Florida Housing Finance Corporation approval of the plan, Indian River County became eligible to receive State Housing Initiatives Partnership (SHIP) Program funds. The purpose of the SHIP program is to provide affordable housing for income qualified households. As structured, the county's SHIP Program provides low interest, deferred payment, subordinated loans to eligible extremely low income, very low income, low income, and moderate income households. Those loans are provided primarily for downpayment/closing cost and rehabilitation •— assistance. As part of the SHIP downpayment/closing cost assistance program, private financial 1 52 institutions provide principal mortgages, while SHIP loans are generally structured as soft second mortgages. Since SHIP is a state funded program, the SHIP program fiscal year (FY) is concurrent with the state fiscal year and runs from July 1 to June 30. Because SHIP funds provided in one fiscal year can be spent over a three fiscal year period, the county often has two or more years of SHIP funding active. For example, in the past year the county has expended FY 11/12, FY 12/13, and FY 13/14 funds. For each fiscal year (FY), SHIP funds consist of state allocations and program income. Program income consists of SHIP loan repayments and interest earned. Attachment #1 shows historic SHIP fund information. That includes the number of loans provided to eligible applicants by fiscal year and by income category. According to SHIP Program requirements, the county must submit an annual report for each fiscal year for which SHIP funds were expended. Those reports must be signed by the Chairman of the Board of County Commissioners or his designee. For all previous fiscal years, closeout reports were previously submitted to and approved by the state. Attached to this staff report are the county's SHIP Program FY 2011-12, FY 2012-13, and FY 2013-2014 annual reports. The SHIP annual report for 2011-2012 is a closeout report. All three annual reports must be submitted to the state by September 15, 2014. ANALYSIS According to state regulations, SHIP funds must be utilized in such a manner that all state requirements and all requirements of the county's Local Housing Assistance Program are met. Among the State Housing Initiatives Partnership Program (SHIP) requirements are the following: • At least 30% of funds must be utilized by very low income (VLI) households • At least 30% of funds must be utilized by low income (LI) households • At least 65% of funds must be utilized for homeownership • At least 75% of funds must be utilized for construction, rehabilitation or emergency repair • Not more than 10% of funds may be utilized for administration costs In administering the SHIP program, the county has met all of those requirements as well as all local requirements for homeownership, credit, employment, assets, and others. Copies of the attached annual reports have been distributed to members of the county's Affordable Housing Advisory Committee, Affordable Housing Partnership Group, municipalities, and other interested persons for their review and comment. Also, a notice of the availability of the reports was posted on the county website. The purpose of this staff report is to provide the Board of County Commissioners with an opportunity to review the attached SHIP annual reports, as well as to obtain Board authorization for the Chairman to sign the Certification pages of the SHIP annual report. 2 53 FUNDING The SHIP program is funded by documentary stamp tax revenues collected and distributed by the State. ALTERNATIVES The Board of County Commissioners has two alternatives with respect to the SHIP Annual Reports. Those are: • To approve the attached SHIP Annual Reports and direct staff to submit the reports to the Florida Housing Finance Corporation. • Not to approve the attached SHIP Annual Reports. Choosing the second alternative, however, would cause the county to become ineligible to receive additional SHIP funds. Staff supports the first alternative. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached SHIP annual reports and authorize the Chairman to sign the reports' Certification pages. Attachments: 1. SHIP Funds and Applicants Information Summary 2. SHIP Annual Report for FY 2011-2012(Closeout report) 3. SHIP Annual Report for FY 2012-2013 (Interim report) 4. SHIP Annual Report for FY 2013-2014(Interim report) 5. Certification Forms Indian River Co, Approved Date Admin. R y /�i/ Legal 87. 14 Budget Vj�21j14 Dept. e/7///y Risk Mgr. Approved Agenda Item: By. * _ I cip7i �f Fri 3 ,,- Vdly F:1Community Development\SHIP\Annual Reports\2014 AR\IRC SHIP 2014 Annual Report -BCC.doc 3 54 SHIP PROGRAM FUNDS AND APPLICANTS INFORMATION SUMMARY Number and % of Loans Approved by Income Category by FY eaes coMW N m O m N 6 0 r 7 N p N N r N 0 0 m 1� p N N r 1� op M. N •N- O5 p S ry N Q pp N OO C] o O $ M 1Nt1 01 •� , A m a 0 A Q 10 0 w A m O n M N o e e e o4a1Bv$ e e e e :444 e e$$ "N3grAi1�14oi e e e e e •44 e e T. g M 17 4. N n 36 1 22 18 N. r r H CO N ... r O * eeeeeeee A 7 M M A1p P- A M* S 2 tA'' a fV N P eeeee dap ,, A M 4p am, 2eV P V OD Q N eeeeatee A Q m F 8 M NV A A. — N ro . S r^ I 11 19 N N M N 27 26 gq N N O M N ryry' N N aa H O r 0 M m m Number of Loans Approved by FY 0 19 m N 10 3* n g W 10 m a s a CO a n N w r 12014-15 $ 660,088.00 ' 00 O b 0 O ry fV W CCS dN N iqa Cr N O N 4 _ Z $ b $ 249,608.36 $ 249,261.66 S 250,169.42 A 0 b C A 1 a O1 O CO 0 m m N N S 670,813.23 $ 981,686.86 5 811,026.11 S 1,296,028.88 S 1,146,736.88 y O ID m o N OD CO 00 A 10 CO 00 V N 10 A 0 O M A r r r CN N 4, C0 r YJ to Q A CII 0 A A A rZ. A 10 N 00 e O O M m T N 01 n A CO co" a r N CO V C1 O 01 10 CO M $ 1,142,861.701 m n 10 N pp a m N (I 10 m A Ale m N N S 488,411.861 Funds Transferred to Nest FY 11�� p1 1O O1 A V Oa N O N W 0 '8 m N CO W 0 p ry N A 1A V A co 01 N c�J , r- 01 N 7 N 10 r 69 69 10 19 60 W D V1 04 0 19 10 5 1.573.97I $ 3.254.83 er). t� 0 ,0 W 00 ,0 a 0 A $ N@ W �y 8 0 0 M Fund Transferred From Previous FY 2ry8 V N r 10 w O 10 w 8.1��Fry1yo�pa1-1ryp.p-p8 m N M r e -re W 0 0 0 0 A 0 o 60 N 0 $ 667.95 $ 1.573.87 A 0 N $ 763 39: S A „ A h M 2.642 72 V p 10 SHIP Re -payments and other Program Incomes m 8 CO A 00 000 r CV C) 44 _ 3 50,489.83 $ 76.289.63 $ 62.361.43 $ 9428847 $ 117,948.26 S 263.472.59 $ 429,002.84 $ 780,843.50 $ 776,332.65 $ 571,296.01 el 7 0NpppO1 1 60 v N N E 512,787.89 1 0 O Q Ci a 0 O 69 '4 10. CD 0 CO N a N8N22. C C E 0. 4a $ 250,000 00 $ 250,000 00 $ 250,000.00 $ 565,773.00 5 632,136.00 $ 622,455.00 Sp O A 4 2 01 A 01 N 10 w $ 1,195,168.00 $ 955,048.00 $ 916,659.00 $ 930,319.00 S 1,209,521.00 8 .m A' N w 8 M 10 p 8 N 19 1p 00 o9 480 828 RI W Ci 8 M ER State FY (JULY 1 - JUNE 30) o1 ri ti QI p o1O,mena 0 A O] 01 01 98.99 99-2000 2000-01 2001-02 M 'e o ogg N N N 12006-06 2006-07 0 r`$i. 0 N O. 0 N 0 0 N x. 0 N 2011.12 I 2012.13 YTD rS N n Total SHIP & HHR loans 55 Form 1 Title: SHIP Annual Report Indian River County FY 2011/2012 Page 1 ATTACHMENT Form SHIP AR/2009 67-37.008(3)(f), F.A.C. Effective Date: 11/2009 Report Status: Unsubmitted 56 Form SHIP AR/2009 67-37.008(3)(f), F.A.C. Effective Date: 11/2009 SHIP Distribution Summary Homeownership Code Strategy Expended Amount Units Encumbered Amount Units Unencumbered Amount Units 1 Purchase Assistance with Rehab $138,857.60 7 $,00 0 $.00 0 2 Purchase Assistance $52,999.00 3 $.00 0 $.00 0 3 Rehabilitation $269,669.33 11 $.00 0 $.00 0 6 Emergency Rehab $32,025.50 5 $.00 0 $.00 0 Homeownership Totals: Rentals $493,551.43 26 $.00 0 $.00 0 Rental Totals: Subtotals: Additional Use of Funds Use Administrative Homeownership Counseling Admin From,Program Income Admin From Disaster Funds $493,551.43 Expended $35,000.00 $20,006.50 26 $.00 0 Encumbered Totals: $348,557.93 26 $.00 Total Revenue (Actual and/or Anticipated) for Local SHIP Trust Fund Source of Funds Amount Expended $350,000.00 Encumbered $4,345.97 Unencumbered $195,719.10 Code Strategy Amount Units Amount Units Amount Units Rental Totals: Subtotals: Additional Use of Funds Use Administrative Homeownership Counseling Admin From,Program Income Admin From Disaster Funds $493,551.43 Expended $35,000.00 $20,006.50 26 $.00 0 Encumbered Totals: $348,557.93 26 $.00 Total Revenue (Actual and/or Anticipated) for Local SHIP Trust Fund Source of Funds Amount State Annual Distribution $350,000.00 Program Income (Interest) $4,345.97 Program Income (Payments) $195,719.10 Recaptured Funds Disaster Funds Other Funds Carryover funds from previous year $2,642.72 Total: $552,707.79 0 $.00 Unencumbered $-00 Carry Forward to Next Year: $4,149.86 NOTE: This carry forward amount will only be accurate when all revenue amounts and all expended, encumbered and unencumbered amounts have been added to Form 1 0 Page 2 5,7 Form SHIP AR/2009 67-37.008(3)(f), F.A.C. Effective Date: 11/2009 Form 2 Rental Unit Information Description Eff. 1 Bed 2Bed 3 Bed 4 Bed Recap of Funding Sources for Units Produced ("Leveraging") Source of Funds Produced through June 30th for Units Amount of Funds Expended to Date % of Total Value SHIP Funds Expended $493,551.43 39.23% Public Moneys Expended $7,500.00 .60% Private Funds Expended $717,167.00 57.01% Owner Contribution $39,810.00 3.16% Total Value of All Units $1,258,028.43 100.00% SHIP Program Compliance Summary - Home Ownership/Construction/Rehab Compliance Category SHIP Funds Trust Funds % of Trust Fund FL Statute Minimum %a Homeownership $493,551.43 $350,000.00 141.01% 65% Construction / Rehabilitation $493,551.43 $350,000.00 141.01% 75% Program Compliance - Income Set -Asides Income Category SHIP Funds Expended SHIP Funds Encumbered SHIP Funds Unencumbered Total of SHIP Funds Total Available Funds % * Extremely Low $77,862.90 $77,862.90 14.09% Very Low $203,465.87 $203,465.87 36.81% Low $173,780.38 $173,780.38 31.44% Moderate $38,442.28 $38,442.28 6.96% Totals: $493,551.43 $.00 $.00 $493,551.43 89.30% Project Funding for Expended Funds Only Income Category Total Funds Mortgages, Loans & DPL's Mortgages, Loans & DPL Unit #s Total Funds SHIP Grants SHIP Grant Unit #s Total SHIP Funds Expended Total # Units Extremely Low $ 77,862.90 6 $77,862.90 6 Very Low $203,465.87 10 $203,465.87 10 Low $173,780.38 7 $173,780.38 7 Moderate $38,442.28 3 $38,442.28 3 Totals: $493,551.43 26 $.00 0 $493,551.43 26 Form 3 7 Number of Households/Units Produced Page 3 58 Form SHIP AR/2009 67-37.008(3)(f), F.A.C. Effective Date: 11/2009 Strategy List Unincorporated and Each Municipality ELI VLI Low Mod Total Purhase Assistance with Rehab Unincorporated Co. 3 2 3 1 6 Purhase Assistance with Rehab Sebastian 1 Purchase Assistance 1 1 Purchase Assistance Unincorporated Co. 1 1 Fellsmere 1 1 Purchase Assistance Fellsmere 2 1 2 Rehabilitaion Unincorporated Co. 2 4 3 4 9 Rehabilitation Sebastian 1 1 2 Emergency Rehab Unincorporated Co. 1 1 2 Emergency Rehab Felismere 1 1 1 Emergency Rehab Sebastian 1 1 1 Emergency Rehab Vero Beach 1 1 1 Totals: Characteristics/Age (Head of Household 6 10 7 3 26 Description List Un ncorpprateci and Each Municipality 0 - 25 26 - 40 41 - 61 62+ Total Purhase Assistance with Rehab Unincorporated Co. 3 4 2 Purhase Assistance with Rehab 6 Purhase Assistance with Rehab Sebastian 1 Purchase Assistance 1 1 Purchase Assistance Unincorporated Co. 1 1 Fellsmere 1 Purchase Assistance Fellsmere 1 1 2 Rehabilitaion Unincorporated Co. 1 4 4 9 Rehabilitation Sebastian 2 2 Emergency Rehab Unincorporated Co. 2 2 Emergency Rehab Fellsmere 1 1 Emergency Rehab Sebastian 1 1 Emergency Rehab _ Vero Beach 1 1 Totals: Family Size 10 10 6 Description List Unincorporated and Each Municipality 1 Person 2-4 People 5 + People Total Purhase Assistance with Rehab Unincorporated Co. 3 3 6 Purhase Assistance with Rehab Sebastian 1 1 Purchase Assistance Unincorporated Co. 1 1 Purchase Assistance Fellsmere 1 1 2 Page 4 26 59 Rehabilitaion Unincorporated Co. 4 4 1 9 Rehabilitation Sebastian Total • 2 Unincorporated Co. 2 Emergency Rehab Unincorporated Co. 1 1 1 2 Emergency Rehab Fellsmere 1 1 1 Emergency Rehab Sebastian 1 Purchase Assistance Unincorporated Co. 1 Emergency Rehab Vero Beach 1 1 Totals: Race (Head of Household) 9 13 26 Form SHIP AR/2009 67-37.008(3)(f), F.A.C. Effective Date: 11/2009 Description List Unincorporated and Each Municipality White Black Hisp- anic Asian Amer - Indian Other Total • Purhase Assistance with Rehab Unincorporated Co. 4 1 1 1 1 6 Purhase Assistance with Rehab Sebastian 1 1 1 Purchase Assistance Unincorporated Co. 1 1 Purchase Assistance Fellsmere 1 1 2 Rehabilitaion Unincorporated Co. 1 8 5 3 9 Rehabilitation Sebastian 1 1 2 Emergency Rehab Unincorporated Co. 2 2 Emergency Rehab Fellsmere 1 1 1 Emergency Rehab Sebastian 1 1 1 Emergency Rehab Vero Beach 1 1 1 Totals: Special Needs (Any Member of Househo d) 8 15 3 26 Description List Unincorporated and Each Municipality Farm Worker Devel. Dis- abled Home- Tess Eiderty Special Needs Special Needs Total Purhase Assistance with Rehab Unincorporated Co. 1 1 1 3 Purhase Assistance with Rehab Sebastian 1 1 Purchase Assistance Unincorporated Co. 0 Purchase Assistance Fellsmere 0 Rehabilitaion Unincorporated Co. 1 5 3 9 Rehabilitation Sebastian 0 Emergency Rehab Unincorporated Co. 0 Emergency Rehab Fellsmere 1 1 Emergency Rehab Sebastian 1 1 Emergency Rehab Vero Beach 1 1 Totals: Page 5 1 2 8 5 16 60 Form SHIP AR12009 67-37.008(3)(f), F.A.C. Effective Date: 11/2009 Special Target Groups for Funds Expended (i.e. teachers, nurses, law enforcement, fire fighters, etc.) Set Aside Description Special Target Group Expended Funds Total # of Expended Units Form 4 Status of Incentive Strategies Incentive Strategy: Adopted regulations providing up to a 20% density bonus for affordable housing development projects (housing element policy 2.5, Land Development Regulations Section 911.14(4)(a)). Adopted regulations allowing for small lot subdivisions with reduced setbacks, lot size, and lot width requirements (Land Development Regulations, Chapter 911 and section 971.41(9)). Adopted regulations allowing for accessory single-family dwelling units in all agricultural and residential zoning districts (Land Development Regulations, Chapter 911 and Section 971.41 (10)). Adopted policies for expedited permit processing (Housing Element policies 1.5 and 1.6). Adopted policy for review of proposed local policies or regulations which may increase the cost of housing (Housing Element policy 1.7). Adopted a policy for inventory of all surplus county owned land (Housing Element policy 2.4). Adopted regulations allowing zero lot line subdivisions (Land Development Regulations Section 915.15). Established Local Housing Assistance Program, allowing the county to utilize State Housing Initiatives Partnership (SHIP) program funds for the provision of affordable housing (Local Housing Assistance Program, Local Housing Assistance Pian, Housing Element policies 2.7, 3.5, 4.4, 4.6, 4.7, 4.9, and 9.1). Adopting Ordinance or Resolution Number or identify local policy: Identified as part of section "A" abobe Implementation Schedule (Date): All Incentives were implemented as scheduled Has the plan or strategy been implemented? If no, describe the steps that will be taken to implement the plan: Yes Status of Strategy - (is the strategy functioning as intended, i.e. are the time frames being met, etc.): All Strategies are working as intented Support Services Page 6 61 Form SHIP AR/2009 67-37.008(3)(f), F.A.C. Effective Date: 1112009 The county, in conjunction with financial institutions, conducts a homebuyers' educational workshop program for all applicants who request downpaymenticlosing cost assistance (see attachments regarding homebuyers' education program) Consumer Credit Counseling provides assistance to applicants through lenders and through the homebuyers' educational workshops The Indian River County Council on Aging provides various services to elderly and handicapped individuals including housing assistance. The Housing Authority and Economic Opportunity Council provide housing assistance to qualified households. County staff provide one on one assistance to applicants for completing SHIP applications, resolving credit problems, referring applicants to appropriate financial institutions for acquiring first mortgages, and providing other assistance as needed. County SHIP staff, in conjunction with local financial institutions, non-profit organizations, HUD staff, and others, conducts information workshops in the Gifford area. Wabasso area, and Oslo area of the county which have a high percentage of minorities and low income households. Other Accomplishments By end of June 2014, the Indian River County had approved 26 loans with FY 2011-12 funding. In administring the program, SHIP staff held several meetings, placed newspaper advertisements and maintained county website.Because of these efforts, The SHIP program is well known to the public, and there are many more eligible applicants than the county can assist with available SHIP funds.Photocopies of success stories, newspaper articles, and thank -you notes have already been sent to the Florida Housing Coalition. Availability for Public Inspection and Comments Annual reports provided to the public through AHAC, Affordable Housing Partnership Group, county planning division, municipalities within the county,and the county website. Default and Foreclosure Mortgage Foreclosures A. Very low income households in foreclosure: 0 B. Low income households in foreclosure: 2 C. Moderate households in foreclosure: 0 Loans Life -to -date: 15 Mortgage Defaults A. Very low income households in default: 2 B. Low income households in default: 2 C. Moderate households in default: 0 Loans Life -to -date: Welfare to Work Programs 8 Priority is given to Welfare to Work program applicants. Strategies and Production Costs Strategy Average Cost Purchase Assitance with Rehab $19,836.80 Page 7 62 Purchase Assistance $17,666.33 Rehabilitation $24,515,39 Energency Rehab $6,405.10 Expended Funds Total Unit Count: 26 Total Expended Amount: $493,551.00 Form SHIP AR/2009 67-37.008(3)(f), FA.C. Effective Date: 11/2009 Strategy Full Name Address City Zip Expended Unit Code Funds Counted Purchase Assistance Gutierrez, Nohemi 10048 Grace Avenue Fellsmere 32948 $17,430.00 [] Purchase Assistance Knowles, Nichole 2016 2nd Street Vero Beach 32962 $10,000.00 II Purchase Assistance Williams, Ebony 4568 N. Highway 1 Vero Beach 32967 $25,569.00 E Purchase Assistance with Rehab Caron, Dana 2140 87th Court Vero Beach 32966 $23,962.35 [] Purchase Assistance with Rehab Crawford, Danyelle 2420 89th Avenue Vero Beach 32966 $18,949.00 E Purchase Assistance with Rehab Drisdom, Falisha 3960 46th Place Vero Beach 32967 $21,346.40 Purchase Assistance with Rehab Hudson, Gracie 4715 33rd Avenue Vero Beach 32967 $23,988.50 Purchase Assistance with Rehab Preston, Kristi 1121 9th Square Vero Beach 32962 $18,773.23 Purchase Assistance with Rehab Ramierz, Orlando and Valderama, Eilyn Carolina 3435 1st Lane Vero Beach 32968 $22,169.07 II Purchase Assistance with Rehab Rankin, Mary 501 Pearch Lane Sebastian 32958 $9,669.05 Emergency Rehab Rendon, Alberto 191 5. Bay Street Fellsmere 32948 $10,000.00 E Emergency Rehab Baptiste, Jean W. 2313 3rd Street SW Vero Beach 32962 $6,096.50 Emergency Rehab Brooks, Deaundra 1225 12th Court SW Vero Beach 32962 $5,951.50 [] Emergency Rehab Brown, Tiffany 866 Grandin Avenue Sebastian 32958 $5,291.05 Emergency Rehab Othmer, Gayle 2126 31st Avenue Vero Beach 32960 $4,686.45 Rehabilitation Boyde, Mary 4556 38th Avenue Vero Beach 32967 $49,498.50 IIII Rehabilitation Harrington, Tracey 4855 32nd Avenue Vero Beach 32967 $48,140.00 0 Rehabilitation Stewart, Janice 4305 31st Avenue Vero Beach 32967 $49,464.00 [] Rehabilitation Tory, Ronald & Tanya 1094 Persian Lane Sebastian 32958 $4,822.65 Page 8 63 Form SHIP AR/2009 67-37.008(3)(1), F.A.C. Effective Date: 11/2009 Rehabilitation Ware, Robin M. 123 Engler Drive Sebastian 32958 $14,560.00 Rehabilitation Eldell, Pearlie Mae 8385 63rd Avenue Vero Beach 32970 $2,324.90 0 Rehabilitation Hutchinson, Jerlene (annie Edwrds Deceased) 8535 64th Court Sebastian 32958 $3,000.00 Rehabilitation Sneede, Thelma Newbold & Lewis 8545 64th Court Sebastian 32958 $2,896.65 ❑ Rehabilitation Kelley, Lauren 8215 102nd Avenue Vero Beach 32967 $15,120.15 [] — Rehabilitation Martin, Samuel 885 24th Street SW Vero Beach 32962 $49,158.50 1111 Rehabilitation Clearmont, Paul and Merisena, Luma 724 5th Place SW Vero Beach 32962 $30,683.98 Administrative Expenditures $55,006.50 Administrative expenses for Indian River County Sub Recipients and Consultants Name Business Type Strategy Covered Responsibility Amount Program Income Program Income Funds Loan Repayment: $195,719.10 Refinance: Foreclosure: Sale of Property: Interest Earned: $4,345.97 Other 0: Total: Explanation of Recaptured funds $200,065.07 Description Amount Page 9 64 Form SHIP AR/2009 67-37.008(3)(f), F.A.C. Effective Date: 11/2009 Total: $.00 Indian River County 2011 Closeout Page 10 65 Form 1 Title: SHIP Annual Report Indian River County FY 2012/2013 Page 1 Form SHIP AR/2009 67-37.008(3)(1), F.A.C. Effective Date: 11/2009 Report Status: Unsubmitted ATIACHMENT 66 Form SHIP AR/2009 67-37.008(3)(f), F.A.C. Effective Date: 1112009 SHIP Distribution Summary Homeownership Code Strategy Expended Amount Units Encumbered Amount Units Unencumbered Amount Units 1 Purchase Assistance with Rehab $29,710.50 1 $61,122.13 2 $.00 0 3 Rehabilitation $11,170.55 1 $148,778.04 3 $.00 6 Emergency Rehab $8,622.45 2 $.00 0 $.00 0 Homeownership Totals: Rentals $49,503.50 4 $209,900.17 5 $A0 0 ental r otats: Subtotals: Additional Use of Funds Use Administrative Homeownership Counseling Admin From Program Income Admin From Disaster Funds $49,503.50 Expanded $5,561.90 $22,799.63 4 $209,900.17 Encumbered Totals; $77,865.03 4 $209,900.17 5 Total Revenue (Actual and/or Anticipated} for Local SHIP Trust Fund Source of Funds Amount Expended $55,619.00 Encumbered $2,241.66 Unencumbered $225,754.68 Code Strategy Amount Units Amount Units Amount Units ental r otats: Subtotals: Additional Use of Funds Use Administrative Homeownership Counseling Admin From Program Income Admin From Disaster Funds $49,503.50 Expanded $5,561.90 $22,799.63 4 $209,900.17 Encumbered Totals; $77,865.03 4 $209,900.17 5 Total Revenue (Actual and/or Anticipated} for Local SHIP Trust Fund Source of Funds Amount State Annual Distribution $55,619.00 Program Income (Interest) $2,241.66 Program Income (Payments) $225,754.68 Recaptured Funds Disaster Funds Other Funds Carryover funds from previous year $4,149.86 Total: $287,765.20 5 $.00 Unencumbered $.00 * Carry Forward to Next Year: $.00 NOTE This carry forward amount will only be accurate when all revenue amounts and all expended, encumbered and unencumbered amounts have been added to Form 1 0 "'orm 2 Page 2 67 Form SHIP AR/2009 67-37.008(3)(f), F.A.C. Effective Dale: 11/2009 Rental Unit Information Description 1 Eft l Bed 2 Bed 3 Bed 4 Bed Recap of Funding Sources for Units Produced ("Leverainci" Source of Funds Produced through June 30th for Units Amount of Funde Expended to Date % of Total Value SHIP Funds Expended $49,503.50 100.00% Public Moneys Expended Extremely Low .00% Private Funds Expended .00% Owner Contribution 2 .00% Total Value of All Units $49,503.50 100.00% SHIP Program Compliance Summary - Home Ownership/Construction/Rehab Compliance Category SHIP Funds Trust Funds % of Trust Fund FL Statute Minimum % Homeownership $49,503.50 $55,619.00 89.00% 65% Construction / Rehabilitation $49,503.50 $55,619.00 89.00% 75% Program Compliance - Income Set -Asides Income Category SHIP Funds Expended SHIP Funds Encumbered SHIP Funds Unencumbered Total of SHIP Funds Total Available Funds % * Extremely Low $15,957.35 $21,071.50 $37,028.85 12.87% Very Low $3,835.65 $68,900.17 $72,735.82 25.28% Low $29,710.50 $119,928.50 $149,639.00 52.00% Moderate $.00 .00% Totals: $49,503.50 $209,900.17 $.00 $259,403.67 90.14% Project Funding for Expended Funds Onl Income Category Total Funds Mortgages, Loans & DPt.'s Mortgages, Loans & DPI.. Unit #s Total Funds SHIP Grants SHIP Grant Unit #s Total SHIP Funds Expended Total # Units' Extremely Low $15,957,35 2 $15,957.35 2 Very Low $3,835.65 1 $3,835.65 1 Low $29,710.50 1 $29,710.50 1 Moderate $.00 0 Totals: $49,503.50 4 $.00 0 $49,503.50 Form 3 Number of Households/Units Produced Page 3 68 Form SHIP AR/2009 67-37.008(3)(r), F.A.C. Effective Dale: 11/2009 Strategy List Unincorporated and Each Municipality ELI VLI Low Mod Total Purchase Assistance with Rehab Unincorporated Co. Purchase Assistance with Rehab 1 1 Emergency Rehab 1 Emergency Rehab Sebastian 1 1 Emergency Rehab 1 1 Emergency Rehab Vero Beach 1 1 1 1 1 Rehabilitation Unincorprated Co. 1 1 1 Totals: Characteristics/Age (Head of Household) 2 1 1 Description List Unincorporated and Each Municipality 0 - 25 26.40 41 - 61 62+ Total Purchase Assistance with Rehab Unincorporated Co. Purchase Assistance with Rehab 1 1 Emergency Rehab 1 Emergency Rehab Sebastian 1 Emergency Rehab 1 1 Emergency Rehab Vero Beach 1 Rehabilitation 1 1 1 Rehabilitation Unincorprated Co. 1 1 Totals: Family Size 1 1 Description List Unincorporated and Each Municipality 1 Person 2- 4 People 5 + People Total Purchase Assistance with Rehab Unincorporated Co. 1 Purchase Assistance with Rehab Unincorporated Co. 1 Emergency Rehab Sebastian 1 1 Emergency Rehab Vero Beach 1 1 1 Rehabilitation Unincorprated Co. 1 1 Vero Beach 1 Totals: Race (Head of Household) 2 2 4 Description List Unincorporated and Each Municipality White Black Kisp- anic Asian Amer- Indian, Other Total Purchase Assistance with Rehab Unincorporated Co. 1 1 Emergency Rehab Sebastian 1 1 Emergency Rehab Vero Beach 1 1 Rehabilitation Unincorprated Co. 1 1 Totals: Special Needs (Any Member of Household) 2 Page 4 2 4 69 Form SHIP AR/2009 67-37.008(3)(9, FAG, Effective Dale: 11/2009 Description List Unincorporated and Each Municipality Farm Worker Devel, Dis- abled Kome- less Elderly Special Needs Special Needs Total Purchase Assistance with Rehab Unincorporated Co. Vero Beach 32960 $3,835.65 Emergency Rehab Sleegers, Roger 0 Emergency Rehab Sebastian $4,786.80 Rehabilitation 1 4535 49th Avenue Vero Beach 1 Emergency Rehab Vero Beach 0 Rehabilitation Unincorprated Co. 1 1 orals: 2 Special Target Groups for Funds Expended (i.e. teachers, nurses, law enforcement, fire fighters, etc.) Set Aside Description Special Target Group Expended Funds Total # of Expended Units Form 4 Expended Funds $49,504.00 Strategy Full Name Address City Zip Expended Unit Code Funds Counted Purchase Assistance with Rehab Cummings, Jeremy 6140 45th Street Vero Beach 32967 $29,710.50 Emergency Rehab Kozdra, Karen 1406 35th Avenue Vero Beach 32960 $3,835.65 Emergency Rehab Sleegers, Roger 194 Delmonte Road Sebastian 32958 $4,786.80 Rehabilitation Saunders, Prince & Margaret 4535 49th Avenue Vero Beach 32967 $11,170.55 Indian River County 2012 Interim -1 Page 5 70 Title: SHIP Annual Report Indian River County FY 2013/2014 Form 1 Form SHIP AR/2009 67-37.008(3)(f), FA.C. Effective Date: 11/2009 Report Status: Unsubmitted SHIP Distribution Summary Homeownership Code Strategy Expended Amount Units Encumbered Amount Units Unencumbered Amount Units 1 Purchase Assistance with Rehab $30,066.11 1 $105,000.00 4 $329,004.57 8 Homeownership Totals: Rentals $30,066.11 1 $105,000.00 4 $329,004.57 8 ental Totals: Subtotals: $30,066.11 Additional Use of Funds Use Administrative Homeownership Counseling Admin From Program Income Admin From Disaster Funds Totals: Expended $4,000.00 1 $105,000.00 4 $329,004.57 Encumbered $6,500.00 $34,066.11 1 $111,500.00 4 Total Revenue (Actual and/or Anticipated) for Local SHIP Trust Fund Source of Funds Amount Expended $350,000.00 Encumbered Unencumbered $138,411.86 Code Strategy Amount Units Amount Units Amount Units ental Totals: Subtotals: $30,066.11 Additional Use of Funds Use Administrative Homeownership Counseling Admin From Program Income Admin From Disaster Funds Totals: Expended $4,000.00 1 $105,000.00 4 $329,004.57 Encumbered $6,500.00 $34,066.11 1 $111,500.00 4 Total Revenue (Actual and/or Anticipated) for Local SHIP Trust Fund Source of Funds Amount State Annual Distribution $350,000.00 Program Income (Interest) Program Income (Payments) $138,411.86 Recaptured Funds Disaster Funds Other Funds Carryover funds from previous year $.00 Total: $488,411.86 Unencumbered $13,841.18 $342,845.75 Carry Forward to Next Year: $.00 NOTE: This carry forward amount will only be accurate when all revenue amounts and all expended, encumbered and unencumbered amounts have been added to Form 1 Page 1 SIT 4 71 Form SHIP AR/2009 67-37.008(3)(f), F.A.C. Effective Date: 11/2009 Form 2 Rental Unit Information Description Eff, 1 Bed 2 Bed 3 Bed 4 Bed Recap of Funding Sources for Units Produced ("Leveraging" Source of Funds Produced through June 30th for Units Amount of Funds Expended to Date % of Total Value SHIP Funds Expended $30,066.11 38.03% Public Moneys Expended Extremely Low .00% Private Funds Expended $31,000.00 39.21% Owner Contribution $18,000.00 22.77% Total Value of All Units $79,066.11 100.00% SHIP Program Compliance Summary - Home Ownership/Construction/Rehab Compliance Category SHIP Funds Trust Funds % of Trust Fund. FL Statute;. Minirnum % Homeownership $450,000.00 $350,000.00 128.57% 65% Construction / Rehabilitation $450,000.00 $350,000.00 128.57% 75% Program Compliance - Income Set -Asides Income Category SHIP Funds Expended SHIP Funds Encurnbered SHIP Funds Unencumbered Total of SHIP Funds Total Available Funds %' Extremely Low $5,000.00 $9,004.57 $14,004.57 2.87% Very Low $30,066.11 $40,000.00 $110,000.00 $180,066.11 36.87% Low $60,000.00 $150,000.00 $210,000.00 43.00% Moderate $60,000.00 $60,000.00 12.28% Totals: $30,066.11 $105,000.00 $329,004.57 $464,070.68 95.02% Project Funding for Expended Funds Only Income Category Total Funds Mortgages, Loans & DPL's Mortgages, Loans & DPL Unit #s Total Funds SHIP Grants SHIP Grant . Unit lis Total SHIP Finds` Expended` Total:# Ults. Extremely Low $.00 0 Very Low $30,066.11 1 $30,066.11 1 Low $.00 0 Moderate $.00 0 Totals: 30, 066.11 1 $.00 0 $30,066.11 Form 3 Page 2 72 Form SHIP AR/2009 67-37.008(3)(f), F.A.C. Effective Date: 11/2009 Number of Households/Units Produced Strategy List Unincorporated and Each Municipality ELI VLI Low Mod Total Purchase Assistance with Rehab Unincorporated Co. Total 1 Unincorporated Co. 1 1 Totals: Characteristics/Age (Head of Household) 1 Description List Unincorporated and Each Municipality 0 - 25 26 - 40 41 - 61 62+ Total Purchase Assistance with Rehab Unincorporated Co. 1 1 1 Totals: Family Size 1 Description List Unincorporated and Each Municipality 1 Person 2- 4 People 5 + People Total Purchase Assistance with Rehab Unincorporated Co. 1 Purchase Assistance with Rehab Unincorporated Co. 1 Totals: Race (Head of Household) 1 1 1 Description List Unincorporated and Each Municipality White Black Hisp- anic Asian Amer - Indian other Total Purchase Assistance with Rehab Unincorporated Co. 1 1 1 Totals: Special Needs (Any Member of Househo d) 1 Description List Unincorporated and Each Municipality Farm Worker Devel. Dis- abied Home- lei Elderly Special Needs Special Needs Total Purchase Assistance with Rehab Unincorporated Co. 1 1 Totals: 1 Special Target Groups for Funds Expended (i.e. teachers, nurses, law enforcement, fire fighters, etc.) Set Aside Description Special Target Group Expended Funds Total;#<of Expended Units 1 Form 4 Page 3 73 Expended Funds $30,066.00 Form SHIP AR/2009 67-37.008(3)(f), F.A.C. Effective Date: 11/2009 Strategy Full Name Address City Zip Expended Unit Code Funds Counted Purchase Assistance with Rehab Lynn M, Knapp 1130 3rd Av. # 103 Vero Beach 32960 $30,066.11 �] Indian River County 2013 Interim -2 Form 5 Special Needs Breakdown SHIP Expended and Encumbered for Special Needs Applicants Special Needs Category Breakdown by Strategy Strategies Special Needs Category Expended Amount Units Encumbered Amount Units Page 4 74 Expended Encumbered Code(s) Strategies Amount Units Amount Units Special Needs Category Breakdown by Strategy Strategies Special Needs Category Expended Amount Units Encumbered Amount Units Page 4 74 CERTIFICATION For Implementation of Regulatory Reform Activities Required by S.H.I.P. FY 2011-12 Close out On behalf of Indian River County Name of Local Government , I hereby certify that the following information is true and accurate as of the date of submission. 1) Permits as defined in s.163.3164(7) and (8)* for affordable housing projects are expedited to a greater degree than other projects; and 2) There is an ongoing process for review of local policies, ordinances, regulations, and plan provisions that increase the cost of housing prior to their adoption. 3) The cumulative cost per newly constructed housing per housing unit, from these actions for **FY 11-12 is estimated to be $00 4) The cumulative cost per rehabilitated housing per housing unit, from these actions for **FY 11-12 is estimated to be $00. Date Date Witness Chief Elected Official Date Witness OR Date Attest (Seal) Peter D.O'Bryan, BCC Chairman Print Name and Title ounty dministrator Date Joseph A. Baird, County Administrator Print Name and Title * 162.3164(7), Florida Statutes: "Development Order" means any order granting, denying, or granting with conditions an application for a development permit. 163.3164(8), Florida Statutes: "Development Permit" includes any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other official action of local government having the effect of permitting the development of land. Note: This form will be utilized beginning with **FY 2003/2004. F:11$4101ROVErMr lik6loWrialt1SHIP1An,ual Reports12014 AR12014 Cerification pages.clocx AND LSE L S. Fl/11 .> i WILLIAM K. DEBRAAL DEPUTY COUNTY ATTCR^Lr +4TTACHMENT 5 75 Annual Report Certification for State Housing Initiatives Partnership (SHIP) Program On behalf of Indian River County, I hereby certify that the annual reporting information submitted electronically to Florida Housing Finance Corporation for fiscal years 2011-12, 2012- 13, and 2013-14 is true and accurate. Name of Staff Member responsible for submitting annual report: Sasan Rohani Witness Signature Date Chief Elected Official or Designee Dare Signature Witness Printed Name Commissioner Peter D. O'Bryan Date BCC Chairman - Printed Name Witness Signature Date Witness Printed Name OR Attest (Seal) Date GENERAL. INFORMATION Name of Person to call regarding the Annual Report Form: Sasan Rohani, AICP Telephone Number: (772) 226-1250 APPROVED AS 10 AN • C L SUFt WILLIAM . D BRAAL DEPUTY COUNTY ATTORNEY F:ICommunity Development\SHIPIAnnual Reports120I4 AR12014 Cerification pages.docx 76 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E. CPA" Public Works Director FROM: James D. Gray, Jr. Coastal Engineer CONSENT AGENDA SUBJECT: Full Release of Retainage for Ecological Associates, Inc., Work Order No. 1— Sector 3 Beach Restoration — 2013 Post Construction Monitoring Services DATE: August 28, 2014 DESCRIPTION AND CONDITIONS On March 19, 2013 the Board approved a contract with Ecological Associates, Inc. (EAI) for professional coastal environmental services in Indian River County for a two-year term, 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 for services related to 2013 post construction monitoring for the Sector 3 Beach Restoration Project. The Board approved Work Order No. 1 amount was $399,995 and includes 11 separate tasks. On April 8, 2014, the Board approved the partial release of retainage in the amount of $24,196.24 withheld from the then completed tasks 7 and 8. Ali remaining tasks under Work Order No. 1 are complete. However, due to unfavorable monitoring conditions experienced in 2013 only 93.82% or $375,279.41 of the original $399,995 contract was billed; resulting in a total contract savings of $24,715.59. The subject of this agenda item is the release of the remaining withheld retainage in the amount of $13,331.70. FUNDING Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue as well as allocation of the One Cent Sales Tax. Funding for the release of retainage is from Account # 128-206004-05054. F:\Public Works\JamesG\Sector 3\EAI Work Orders\WO # 1 -- Biological Monitoring 2013\Agenda Item\Retainage Release\memo full release of retainage EAI Work Order No. 1.docx 77 Page 2 BCC Consent Agenda Item Sector 3 Beach Restoration August 28, 2014 RECOMMENDATION Staff recommends the Board approve the release of all remaining retainage for Work Order No. 1 in the amount of $13,331.70. ATTACHMENT Ecological Associates, Inc. Invoice No. 2144, dated August 6, 2014 APPROVED AGENDA ITEM FOR: September 9, 2014 Indian River County Approved Date Administration 64 ���,�IY Budget I ita y'/4 Legal iPli FiCc- / ►.. Public Works cd,,,,,.8/19IS( Coastal Division JDG $12814 F:\Public Works\JamesG\Sector 3\EAI Work Orders\WO #1 1 — Biological Monitoring 2013\Agenda ltem\Retainage Release\memo full release of retainage EAI Work Order No, 1.docx 78 Facie tiO &milk gJb114- � LaiAI •-` ECOLOGICAL ASSOCIATES, INC. ECOLOGICAL ASSOCIATES, INC. P.O. BOX 405 JENSEN BEACH, FLORIDA 34958 FEIN: 65-0468575 FEE INVOICE #2144 — August 6, 2014 PROJECT NAME: Indian River County Sector 3 Sea Turtle Monitoring - 2013 (PROJECT 13-339) CLIENT: Mr. James D. Gray, Jr. Coastal Engineer Indian River County Public Works 1801 27th Street Vero Beach, Florida 32960 Phone: (772) 226-4344 * Email: jgray@ircgov.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 EAI's 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— May 2014 CHARGES: Final Release of Retainage rEF INDIAN RIVER COUNTY PUBLIC WORKS APPROVED DATE DIRECTOR Mil DIV H D IIIIIIIII. . P.O.# ACCT: # I ; ZO6 0 .'' — + 0 5ecTo,. 3 Pd5r coNSilegalo&I MvNITUI4.6 ( 2013) TOTAL CHARGES TO DATE $375,279.41 TOTAL RETAINAGE WITHHELD $37,527.94 PREVIOUSLY RELEASED RETAINAGE $24,196.24 BALANCE DUE $13,33L70 TERMS: Net 30 days. 79 Ecological Associates, Inc. Summary of Work Completed Under WON1 Task Post Construction Monitoring Total Billed to Date Percent Completed to Date Contract Amount Balance Remaining on Contract 1 Mobilization — Completed under subcontract to Atkins 2 Pre nesting season nighttime lighting evaluations — Completed under subcontract to Atkins 3 Scarp Surveys $ 4,098.00 100.00% $ 4,098.00 $ - 4 Sea. Turtle Monitoring $ 85,799.00 100.00% $ 85,799.00 $ - 5 Nest marking & monitoring $ 19,215.00 100.00% $ 19,215.00 $ - 6 In -water Surveys $ 11,405.00 100.00% $ 11,405.00 $ - 7 Nearshore hardbottom surveys $ 147,486.00 100.00% $ 147,486.00 $ - Nearshore hardbottom report $ 86,336.00 100.00% $ 86,336.00 $ - .-, Aerial imagery & habitat mapping $ 764.41 3.00% $ 23,593.00 $ 24,715.59 8 tjMAM $ 7,376.00 100.00% $ 7,376.00 $ - 9 Final Report $ 4,672.00 100.00% $ 4,672.00 $ - 10 FWC Spreadsheet $ 3,290.00 100.00% $ 3,290.00 $ - 11 Project Management $ 4,838.00 100.00% $ 4,838.00 $ - TOTAL $ 375,279.41 93.82% $ 399,995.00 $ 24,715.59 Retainer $ 37,527.94 Retainer Released to Date $ 24,196.24 ,Balance Due $ 13,331.70 80 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator FROM: Christopher R. Mora, P.E., Public Works Director cov"-d DATE: August 20, 2014 SUBJECT: Amendment to Agreement with CDM Smith for All Aboard Florida (AAF) Work Order No. 13, Noise Monitoring and Quiet Zone Index Calculations CONSENT DESCRIPTION AND CONDITIONS On April 8, 2014, the Board of County Commissioners approved Work Order No. 10 with CDM Smith to participate in diagnostic field evaluations of 30 railroad crossings within the County and to review the Environmental Impact Statement (E1S) that is being prepared in conjunction with AAF's high speed passenger rail project. Attached is proposed Work Order No. 13 with CDM Smith which will add Noise Monitoring and Quiet Zone Risk Index Calculations to their original scope of work. CDM Smith would perform this additional work under their existing continuing services agreement with the County for a Lump Sum cost of $38,740.00. FUNDING: If approved, funds from Transportation Fund / Cash Forward will be transferred to Transportation Fund / Public Works / Other Professional Services Account #11124319-033190 to cover this project through a Budget Amendment STAFF RECOMMENDATION: Staff recommends the Board approve Work Order 13 with CDM Smith for Noise Monitoring and Quiet Zone Index Calculations, under CDM Smith's existing continuing service agreement with the County, and authorize staff to execute the work order on behalf of the Board. ATTACHMENTS Work Order No. 13 from CDM Smith APPROVED AGENDA ITEM FOR: September 9, 2014 Indian River County Approved Date Administration AY ti 1 Ii Budgeti q/Z Legal ! K )\i Public Works eva.,8/0? 7/, v F:\Public Works\Luanne M1AII Aboard Florida\CDM Smith All Aboard Florida WO 13 BCC 08-20-2014.doc 81 WORK ORDER NUMBER 13 This Work Order Number 13 is entered into as of this day of , 2014 pursuant to that certain Continuing Contract Agreement for Professional Services entered into as of December 6, 2011 ("Agreement"), by and between Indian River County, a political subdivision of the State of Florida ("COUNTY") and CDM Smith Inc., formerly Camp Dresser & McKee Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth In Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit A (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT CDM Smith Inc. By: Eric J. 5fotke, P.E., BCEE Vice President Smith Approved by: By: eph4. . „a, Baird, d ar , County A ministrator Chris Mora, Public Works proved: at. f3c A Approved as to form and legal sufficiency: Dylan Reingold, County Attorney 82 EXHIBIT A WORK ORDER NO. 13 INDIAN RIVER COUNTY ALL ABOARD FLORIDA NOISE READINGS AND QUIET ZONE INDEX CALCULATIONS BACKGROUND All Aboard Florida (AAF) is developing a passenger rail service between Orlando and Miami, Florida. As part of the proposed project, there are 30 instances within the Indian River County boundaries where the proposed rail system crosses County, City or private roadways. As part of the project development, AAF has prepared an environmental impact statement (EIS) and a noise study that address potential issues or concerns relative to obtaining easements for each crossing from the governing entity of each intersection and the compatibility of the proposed crossings with existing environmental components. In April 2014, the County approved CDM Smith Inc.'s (Consultant) Work Order No. 10 to participate in diagnostic field evaluations of the 30 crossings within the County, review the Environmental Impact Statement (EIS) that is being prepared by AAF and review the corresponding Noise Study that is anticipated to be submitted to the County for review concurrently with the EIS. The Noise Study review authorized in Work Order No. 10 was specifically intended to review the study as it pertains to the impacts to land owners surrounding each proposed crossing and the compatibility with the County's Land Development Regulations. Additionally, if Florida East Coast Inc. (FEC) information is readily available, the information on the proposed high speed rail system will be compared to the existing noise levels of the FEC rail system for reference purposes. This study has not yet been received and is not currently under review. After completing the diagnostic field evaluations, County staff requested that Consultant prepare a scope of services to perform Quiet Zone Risk Index calculations and replicate the conditions within the AAF noise study at six crossings (to verify accuracy of the readings). The following scope of services details the tasks necessary to complete the additional review. SCOPE OF SERVICES Consultant will perform the following services associated with the review of AAF's EIS. TASK 1.0 - NOISE MONITORING AND DATA CONFIRMATION Consultant will review the noise study submitted by AAF under Work Order No. 10. Once received, Consultant will coordinate with County staff to select up to 6 crossings (budget and train schedules permitting) at which to perform confirmatory noise sampling. The selected crossings will consist of a representative sampling of conditions throughout the 30 crossings within the County. Noise measurements will be recorded using a Type 1 or Type II noise level meter — Quest Technologies SoundPro noise meter calibrated using national standards. Sound measurements will be in decibel readings. Short-term (20 minute) sound level measurements near sensitive land uses will be conducted at each site within the study area. Noise measurement will be logged at 1 minute intervals. A handheld GPS unit will be used to record the approximate location of each site. Noise measurements will be taken during the worst noise hour or peak hour to match with the EIS noise study. Baseline measurements without train traffic will be conducted and a second set of readings with vehicular traffic and train traffic math A-1 e+536.aoc 83 will be collected. During field measurements, average speed of trucks, vehicle counts and class identification (auto, buses, medium trucks, heavy trucks) will be recorded. Frequency, type of train, time and duration of train horn will be documented. Aberrant noise events will be logged for evaluation of the data. Field measurements assist in evaluating the level of noise reduction that may be provided by existing elements such as fences and scattered vegetation that cannot be precisely modeled by the computer. This information will be an important consideration in the determination of noise impacts and the evaluation of any associated noise abatement measures for the project. Consultant will use the Federal Highway Administration Traffic Noise Model (TNM) version 2.5 (TNM 2.5) traffic noise prediction and analysis software to validate the field measurements. Monitoring site features such as roadway width, significant grade changes, and buildings will be modeled to replicate field conditions. No interior noise level measurements will be performed as part of this effort. The days and times for each crossing will be selected to match the conditions observed by AAF as closely as possible, mimicking traffic conditions and train traffic observed. The results will be presented in a letter report to County staff, along with a recommendation by Consultant as to whether or not the readings presented in the AAF Noise Study appear to be accurate and representative. If upon receipt of the Noise Study from AAF the duration of sampling to be duplicated is determined to be longer than 20 minute readings per crossing, an additional authorization may be needed to perform the requested services. These services will be billed at an hourly labor rate of $150/hour, with equipment rental of $170/week. In addition to collecting actual field readings to confirm existing conditions, Consultant will utilize the Federal Railroad Administration (FRA) High -Speed Rail Initial Noise Evaluation Version 2.0 model to calculate the expected noise contribution from a high speed rail train given the site-specific conditions at each of the selected County crossings. TASK 2.0 - QUIET ZONE INDEX CALCULATION The FRA requires additional Safety Supplementary Measures (SSM's) to be installed at all at -grade crossings once track speeds increase from 79 mph (freight/cargo) to a maximum 110 mph (high speed rail). Based on SSM selections and other freight and roadway traffic data, some areas within the County may qualify for a Quiet Zone. Under the FRA Train Horn Rule (49 CFR Part 222), locomotive engineers "must begin to sound train horns at least 15 seconds, and no more than 20 seconds, in advance of all public grade crossings." The Final Rule on Use of Locomotive Horns at Highway -Rail Grade Crossings, published in the Federal Register on April 27, 2005, was intended to: • Maintain a high level of public safety by requiring the sounding of locomotive horns at public highway -rail grade crossings; a Respond to the concerns of communities seeking relief from train horn noise by considering exceptions to the above requirement and allowing communities to establish "Quiet Zones"; and ▪ Take into consideration the interests of localities with existing whistle bans. Communities that feel there are adverse impacts from train horn noise may seek relief through the issuance of a Quiet Zone from FRA. There are currently no Quiet Zones within Indian River County, nor are there any known pre -rule Quiet Zones ("no horn" zones established prior to establishment of the Quiet Zone rules). If the County wishes to petition FRA for Quiet Zones, SSMs are required to mitigate the Increased risk resulting from the lack of warning horn usage. smith A-2 0536.d 84 It should be noted that no cost estimation services are Included in this Scope of Services for the implementation of the SSMs. It is assumed that AAF will fund all necessary improvements. If such an agreement is not reached with AAF and the County requests assistance in preparing the SSM cost estimates, a separate Work Order will be prepared to provide those services. The following subtasks outline the requirements for submitting a Quiet Zone request to FRA. Subtask 2.1- Delineate Study Area The initial step in this study is to delineate the boundary and elements of the study area for the Quiet Zone Analysis. A number of items influence the selection, number and location of railroad crossings to be included in the study area. This list Includes: • Minimum Quiet Zone length • Budget considerations • Neighborhood interest • Noise Study Evaluation • Population density • Safety considerations Minimum Quiet Zone length, budget for the analysis and improvements, and neighborhood interest will be obtained through discussions with the County and other interested parties. Noise study data will be obtained from the documents provided by AAF (and'confirmed under Task 1). The population density will be obtained through a GIS analysis of land adjoining the rail lines. Safety considerations will be developed through observation and evaluation, and assist in selection of the treatment of each crossing to be included In the Quiet Zone. Deliverable: The result of this task will be the development of a mop of the recommended Quiet Zone study area, inclusive of road and rail infrastructure inventory within the study area. The map will be provided to the County electronically for review and comment prior to proceeding with the subsequent tasks. Subtask 2.2 - Update Train and Railroad Grade Crossing Data within the Study Area Task 2.2 will consist of a data collection and data entry effort. The data listed below will be obtained from a combination of the grade crossing inventory maintained by the County, Florida Department of Transportation (FOOT), diagnostic field evaluations performed in July 2014, and the FRA, and will be updated as necessary using operating data obtained from AAF's EIS report or from correspondence with AAF on train frequency, speeds and lengths. Data to be compiled includes: Train Data: • Number of trains • Type of trains (freight or passenger) • Schedule/speed/length of trains Grade Crossing Data: • Number of lanes • Vehicular traffic volumes (using available data from Indian River County and/or FDOT) • Type of warning device in use CDM Smith A-3 01536 doc 85 • Geometry of crossing • Connecting roadways and driveways This data collection effort will also include data needed for an evaluation of alternatives for transportation planning within the study area, such as the location of local streets, current property access points, median and streetscaping treatments, etc. The data collected will be entered into the Quiet Zone index calculator. Subtask 2.3 - Quiet Zone Analysis/Application of the FRA Quiet Zone Calculator Subtask 2.3 encompasses the analytical application of data collection and other efforts from Subtasks 2.1 and 2.2. The data will be entered into the FRA calculations to produce a determination of level of protection required, and the applicability per crossing within the study area. With the results of the calculations and evaluation of the protection index, Consultant will evaluate the same scenarios evaluated by AAF in the EIS document (up to 5 scenarios) and determine an optimal Quiet Zone area within the County. Scenarios may include SSM recommendations for potential crossing closures, upgrade to Four -Quadrant Gate additions, vehicle presence detection, mountable or non - mountable median dividers, one-way pairs, and other strategies to meet the County's goals. In addition, relevant crossing collision reports will be evaluated that are on record with FRA and compared to any data the County may have. This task assumes that only one existing crossing will be closed (14t Avenue). Closure data is required to be entered into the calculator, including evaluation of redistribution of traffic. It is assumed the County has an existing travel demand model which can be modified to determine the effect of closing a road. If a travel demand model is not available Consultant would propose to redistribute the traffic manually. The results will give a determination of traffic on the remaining road network. If additional closures are proposed, additional services may be required. Deliverable; Technical memorandum of data analysis, alternatives analysis, and recommended alternatives. TASK 3.0 - FINAL REPORT Upon approval of recommendations in the technical memorandum (Subtask 2.3), planners will develop a final report of all evaluated Quiet Zone areas within the County, as well as the results of the noise monitoring efforts outlined in Task 1. The report will include FRA Quiet Zone Calculator results and comparison to AAF's recommendations, noise monitoring data collected, noise model results, and determination of the validity of the values presented in the AAF noise study. Final Deliverable; Upon approval from the above listed technical memoranda, the consultant will compile a final report package, reflecting feedback and final conclusions and recommendations for the Quiet Zone study. TASK 4.0 - MEETINGS WITH COUNTY STAFF Consultant will prepare for and participate in two meetings with County staff to discuss the results of the confirmatory noise measurements and the Quiet Zone evaluation. Two members of Consultant's staff will attend each meeting (one in person; one via conference call). A-4 j15 8.doc 86 TASK 5.0 - PROJECT QUALITY MANAGEMENT Activities performed under this task consist of those general functions required to maintain the project on schedule, within budget, and that the quality of the work products defined within this scope is consistent with Consultant's standards and the County's expectations. Specific activities included are identified below. Consultant maintains a Quality Management System (QMS) on all projects. Activities performed under this task consist of those general functions required to maintain the project on schedule, within budget, and that the quality of the work products defined within this scope is consistent with Consultant's standards and County's expectations. The Consultant will comply with its QMS, which includes independent review of deliverables, monthly project status reviews, and project close-out activities. OTHER SERVICES NOT INCLUDED IN THIS SCOPE OF SERVICES Since design plans and specifications are not yet completed for the AAF project, Consultant will not perform reviews related to specific infrastructure improvements at each crossing beyond reviewing the information available in the EIS. Future services that may be required, but are not included in this scope of services, include but are not limited to: • Easement modifications; ■ Right -of -Way acquisition (For SSM implementation); ■ Construction, operations or maintenance oversight; • Meetings with FOOT and/or AAF; • Utility conflict identification or resolution; ■ Evaluation of County infrastructure Impacts due to proposed track location, proposed rail bridges, proposed elevated track, proposed depressed track, roadway ramp modifications, proposed roadway bridges over rail, proposed stormwater pond locations, and existing stormwater pond relocations and other impacts to existing roadway, bridges, drainage, and ponds; and ■ Identification of AAF plan conflicts with long-term roadway build -outs within the County. Other items not included in this Scope of Services are: • Plan review; ■ Design assistance; • Cost estimates for SSM implantation; • Utility/infrastructure conflict resolution; and • Application for Quiet Zones. DELIVERABLES • Map the recommended Quiet Zone study area, inclusive of road and rail infrastructure inventory within the study area (Subtask 2.1) • Technical Memorandum of Quiet Zone data analysis, alternatives analysis, and recommended alternatives (Subtask 2.3). • Final report package (Task 3), reflecting feedback and final conclusions and recommendations for the noise monitoring (Task 1) and Quiet Zone study (Task 2). COUNTY RESPONSIBILITIES The County will provide necessary traffic count information for each crossing within the County, as well as assistance/coordination with the City representatives to obtain information for those crossings that QOM mnith A-5 p1536.doc 87 fall outside of the County's jurisdiction. The County will also provide review copies of alt applicable AAF documents immediately upon receipt. TIME SCHEDULE Consultant will complete the tasks outlined above within 45 days of receipt of the AAF Noise Study. csmith A-6 i153s.doc 88 EXHIBIT B FEE SCHEDULE PROFESSIONAL SERVICES FOR ALL ABOARD FLORIDA NOISE READINGS AND QUIET ZONE INDEX CALCULATIONS For invoicing purposes, a summary of fees by task is provided below. The Consultant will invoice the County monthly on a Lump Sum basis for percentage complete during the billing cycle. %Nth Task 1.0 - Noise Monitoring and Data Confirmation $ 9,510 Task 2.0— Quiet Zone Index Calculator $ 23,730 Task 3.0 - Final Report $ 2,850 Task 4.0 — Meetings with County Staff $ 650 Task 5.0 —Project Quality Control $ 1,500 Subtotal $ 38,240 Other Direct Costs $ 500 TOTAL (Lump Sum) $ 38,740 B-1 j1636.doc 89 CONSENT AGENDA INDIAN RIVER COUNTY, FLORIDA MEMORANDUM Assistant County Administrator / Department of General Services To: The Honorable Board of County Commissioners Thru: Joseph A. Baird, County Administrator From: Michael C. Zito, Assistant County Administrator Date: August 29, 2014 Subject: Conditional Approval of Request for Use of Holman Stadium for the "Step Up America" Hero's Appreciation Festival to be held December 6th, 2014 DESCRIPTION AND CONDITIONS: The American Security Council Foundation ("User Group") has requested use of Holman Stadium at Historic Dodgertown for a fundraising /charity event. The American Security Council Foundation is a 501(c)(3) non-profit organization that raises awareness regarding the role of our Active Duty Military, Veterans, Law Enforcement and First Responders. The beneficiaries will be the UDT/SEAL Trident House and the ASCF Scholarship Fund. The planned event is the "Step Up America" Hero's Appreciation Festival featuring headliners The Band Perry. The event is scheduled for December 6th, 2014. If a cancelation should occur on December 6th, 2014, a rain date will be dependent upon The Band Perry's tour schedule at that time. Verotown, LLC has reviewed this request and has confirmed stadium availability as of this date. Section 6.04 of the Facility Use Agreement between the County and Verotown, LLC allows the County use of the facility for up to ten days annually, exclusive of the "Harvest Festival." Any expenses associated with the use will be the responsibility of the User Group. No County funds will be utilized for the event. The group will also provide a $1,000,000 Iiability policy naming Indian River County and Verotown, LLC as additional insured. The User Group has already provided a check for the standard $10,000 security deposit required under Section G of Exhibit 1 of the Stadium Use Guidelines. The beneficiaries will be the UDT/SEAL Trident House and the ASCF Scholarship Fund which will give scholarships to local children of Active Duty Military, Veterans, Law Enforcement and First Responders in Indian River County. Staff has made amendments to the standard Stadium Use Agreement and User Guidelines that more accurately reflect the arrangements made with Verotown, LLC over the past several years. For example, the Agreement now allows the User Group to contract directly with the Sheriffs Office or the Vero Beach Police Department for security services. It also waives the requirement of providing fiscal reports to the County regarding the proceeds of the event, provided that the User Group displays evidence of good standing as a bona fide 501(c)(3) non-profit corporation. Additionally, the documents now provide more flexibility to allow the User Group and Verotown, LLC to arrange the concessions operation directly. A copy of the "Indian River County Holman Stadium Use Agreement" between the County and the User Group for the Board's review and approval is attached. F:1Assistant County Administrator\AGENDA ITEMS120141BCC 09 SEP 2014\BCC Menio - Request Use of Holman Stadium for American Securities Council Foundation Benefit Concert December 6, 2014.doc 90 PAGE TWO BCC Agenda Memo — Use of Holman Stadium For September 9, 2014 FUNDING: No funding is required under this Agreement. RECOMMENDATION: Staff recommends that the Board approve the modifications to the standard Holman Stadium Use Agreement and User Guidelines. Staff further recommends approval of the attached Agreement and authorization for the chairman to sign upon receipt of the fully executed original Agreement including proof of liability insurance. ATTACHMENTS: 1. Indian River County Holman Stadium Use Agreement 2. Section 6.04 of Agreement between IRC and Verotown, LLC 3. Letter of Request from the "American Security Council Foundation" 4. Internal Revenue 501 (c) (3) organization documentation DISTRIBUTION: Craig Callan, Historic Dodgertown Approved Agenda Item BY:( // FOR: Joseph A. Baird County Administrator September 9, 2014 Indian River Co. Approved Date Administration 9 r1`/ ; County Attorney t 1 (") Budget 1 Department J Z9liy Risk Management F:\RECREAI CON\Gina Ballard\EVENT PLANNING\ASCF\BCC Memo - Use of Holman Stadium December 6 2014.doc 91 Indian River County Holman Stadium Use Agreement This Holman Stadium Use Agreement ("Agreement") is made this day of , 2014, by and between Indian River County Board of County Commissioners, a political subdivision of the State of Florida (°County") and the America Security Council Foundation, c/o Gary James, 1069 Main Street, Suite 101, Sebastian, FL 32958 ("User Group"). BACKGROUND RECITALS A. The User Group has requested the use of Holman Stadium facilities (collectively referenced as "Stadium') under the terms and conditions set forth in the Indian River County Holman Stadium Use Guidelines, attached to this Agreement as Exhibit 1 and incorporated herein in its entirety by this reference and under the terms and conditions set forth in this Agreement. B. The County will allow the User Group to use the Stadium under the terms and conditions set forth in Exhibit 1 and under the terms and conditions set forth in this Agreement. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound, the parties agree as follows: 1. PERIOD OF USE. This Agreement shall be in force December 6th, 2014 and include a setup day of December 5th, 2014. The terms and duration of this Agreement include all setup and clean up time. 2. NUMBER OF PARTICIPANTS EXPECTED. User Group estimates that the number of participants expected at the event will be between 4,500 up to seating capacity of 6,500. 3. DESCRIPTION OF EVENT. User Group states that the following is an accurate description of the event: The "Step Up America" Hero's Appreciation Festival concert event will raise awareness regarding the role of our Active Duty Military, Veterans, Law Enforcement and First Responders. The beneficiaries will be the UDT/SEAL Trident House and the ASCF Scholarship Fund. 4. INSURANCE. The minimum dollar amounts and types of insurance coverage's required are set forth in Exhibit 2 attached hereto and incorporated herein in its entirety by this reference. 5. FEES. The User Group agrees to pay all Stadium use charges as set forth in Exhibit I, including, without limitation, the charges set forth in paragraphs C, D, F, G, H, and 1. In the event that the User Group elects to use the services of Verotown, LLC for parking attendants, ticket takers, security personnel, clean-up crews, or concession operations, the User Group acknowledges and agrees that the County shall cause Verotown, LLC: (i) to provide a written invoice for such services to the User, together with a courtesy copy to the County within ten (10) business days after the conclusion of the event; and (ii) to remit the net funds, if any, to the User Group. In addition, all costs 92 for utilities and any other costs incurred by Verotown, LLC in connection with the User Group's use of the Stadium shall be set forth on the foregoing written invoice, and such costs shall also be deducted from the net funds, if any, and remitted to the User Group. Upon the County's receipt of the notice of invoice payments from Verotown, LLC, the security deposit shall be returned to the User Group; provided, however, that in the event the costs invoiced by Verotown, LLC exceed the funds available, the County shall have the right to use the security deposit for such costs. In addition, the User Group agrees to be solely responsible to pay any and all additional charges required for the staging of the event. Verotown, LLC reserves the right to modify the foregoing process to accommodate any arrangement made directly with the User Group to provide concessionaire services for the event. 6. INDEMNIFICATION AND WAIVER OF CLAIMS. The User Group assumes ail risks and agrees to indemnify fully and save and hold harmless the County, its commissioners, officers, employees, and agents (hereinafter individually and collectively referenced as "Indemnified County Parties"), and Verotown, LLC, their respective owners, shareholders, officers, employees, representatives, agents, heirs, successors, and assigns (hereinafter individually and collectively referenced as "Indemnified Verotown, LLC Parties") against all claims, losses, damages, judgments, liabilities, accidents or injuries to person(s) or property, and causes of action, including reasonable attorney's fees and court costs, arising out of, or caused directly or indirectly, by the conduct, acts, omissions, negligence, or willful misconduct of any participant in the event, the User Group, its visitors, agents, and employees. The Indemnified County Parties, and the Indemnified Verotown, LLC Parties shall not be liable for damages to, or loss of, personal property sustained by the participants in the event, the User Group, its visitors, agents, employees, or any person claiming by or through the User Group or any of the foregoing, resulting from any fire, accident, occurrence, theft, or condition in or upon the Stadium, provided such are not due to the sole negligence or willful misconduct of the Indemnified County Parties or the Indemnified Verotown, LLC Parties. This indemnification paragraph shall survive the expiration or sooner termination of this Agreement. 7. CANCELLATION. This Agreement is subject to cancellation by either the User Group or the County as set forth in Exhibit 1. 8. FACILITY UNAVAILABILITY DISCLAIMER. The County assumes no responsibility for circumstances that may require the closing of the Stadium facility due to conditions that would render it unfit for public usage due to inclement weather, state health department or other regulatory agencies requirements. In the event of such occurrence it is the responsibility of the User Group to obtain alternative facilities and the County shall have no liability whatsoever to the User Group. The County and Verotown, LLC represent that to the best of their knowledge and belief, that Verotown, LLC is now and will remain in good standing with all State and local regulatory agencies having jurisdiction, if any to regulate, license, and permit the activities contemplated by this Agreement. 9. GOVERNING LAW. The laws of the State of Florida shall govern this Agreement and any and all legal action shall be instituted in Indian River County for all state court matters and in the Southern District of Florida for all federal court matters. 9 93 10. ENTIRETY OF AGREEMENT. The Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of this Agreement that are not contained in this Agreement. No supplement, modification, or amendment to this Agreement shall be binding unless signed in writing by the County and the User Group. 11. SEVERABILITY. In the event that any of the provisions of this Agreement are deemed unenforceable, the enforceability of the remaining provisions of this Agreement shall not be affected. 12. ASSIGNMENT. User Group shall not grant, assign, or otherwise convey to anyone any or all of its rights to use the Stadium hereunder without the prior written consent and approval of the County and Verotown, LLC. The User Group shall use the Stadium only in the manner contemplated in this Agreement. 13. THIRD PARTY BENEFICIARY. No person other than Verotown, LLC, the County, the Indemnified County Parties, the Indemnified Verotown, LLC Parties, and the User Group, and the successors of the User Group shall have any rights whatsoever under this Agreement. 14. BACKGROUND RECITALS. The Background Recitals are true and correct and form a material part of this Agreement. 15. DEFAULT. County shall have the right to terminate this Agreement and/or deny User Group use of the stadium if User Group defaults in the performance of any obligation hereunder, provided that in the event of such default, the County shall give the User Group notice of such default and twelve (12) hours to cure the default or a lesser time if appropriate to the default on the day of the event. 16. NOTICES. Any notices or other written communications from the User Group to the County shall be delivered by fax, overnight mail, hand delivery, or first class mail to the County Recreation Manager. Any notices or other communications from the County to the User Group shall be delivered by fax, overnight mail, hand delivery, or first class mail to the User Group Executive Director. The names and address to be contacted are as follows: As to the County: Indian River County Board of County Commissioners Attn: Michael C. Zito, Assistant County Administrator 1801 27th Street, Vero Beach, FL 32960-3398 As to the User Group: American Security Council Foundation Attn: Gary James 1069 Main Street, Suite 101 Sebastian, FL 32958 3 94 IN WITNESS WHEREOF, the County and the User Group have caused this Agreement to be executed in their respective names as of the date set forth above. USER GROUP: AMERICAN SECURITY COUNCIL FOU NDATION INDIAN RIVER COUNTY, FLORIDA: By: Gary James, Diiector of Operations By: Peter D. O'Bryan, Chairman Approved as to form and legal -sufficiency: Cour'tty Attorney APPROVAL BY VEROTOWN, LLC, SOLELY AS TO THIRD PARTY BENEFICIARY PROVISIONS VEROTOWN, LLC By: Craig B. Callan Vice President Historic D640. town 4 95 EXHIBIT 1 Indian River County Holman Stadium Use Guidelines A. Eligibility: Requesting user groups must be Not -for -Profit section 501(c)(3) corporations based in Indian River County and serving Indian River County residents. Eligible user groups are limited to one use per lease year, May 1 through April 30. B. Use of Premises: Use of the Holman Stadium facilities and/or the eight (8) baseball practice fields and the one (1) half baseball practice field (collectively referenced as "Stadium") must be lawful and consistent with the use of Indian River County public facilities. In addition, use must be in compliance with section 6.04 of the Facility Lease Agreement dated April 21, 2009, as amended, between Indian River County, a political subdivision of the State of Florida, and Verotown, LLC, a Delaware limited liability company ("Verotown"), a copy of which section is attached hereto as Attachment 1 and incorporated herein in its entirety by this reference. Requested use and dates must not conflict with scheduled facility use by Verotown, Indian River County scheduled events, or events sponsored by the Treasure Coast Sports Commission. User group shall not exclude from participation in, deny the benefits of, or otherwise subject anyone to discrimination in, the use or operation of the Stadium for the event on the basis of age, sex, disability, race, color, national origin, religion, or ancestry. C. Security: Security will be provided by the Indian River County Sheriff's Office or the Vero Beach Police Department and Verotown. The security provisions must have the prior written approval of both Verotown and either the Indian River County Sheriffs Office or the City of Vero Beach Police Department, as applicable. The user group shall be solely responsible for all costs associated with security and shall contract directly or reimburse Verotown for the cost of security personnel provided by the Indian River County Sheriffs Office or the Vero Beach Police Department, as applicable, for event security and traffic control. D. Insurance: Insurance requirements will be determined by the County's Risk Manager based on the type of event, anticipated attendance, and any other criteria as established for the detemmination of appropriate coverage. The County shall notify the user group during the review process set forth in paragraph K2 of these Guidelines of the types and amounts of required insurance coverage. Indian River County and Verotown must be named as additional insureds in the policy or policies of insurance. A certificate or certificates of insurance must be delivered to both the County's Risk Manager and Verotown containing the types and amounts of the required coverage, and showing the required additional insureds no later than ten (10) business days prior to the event date. In addition, the agreement to be executed by the user group 1 96 and the County shall contain an indemnity from the user group to the County and Verotown for the costs of any damage or destruction to the Stadium or liabilities associated with personal injury or death that occurs in connection with the use of the Stadium by the user group. E. Alcohol: Unless specifically prohibited by the County, the sale and consumption of alcoholic beverages shall be permitted during the event, subject to the following restrictions: (1) such sale and consumption shall be in accordance with (i) any applicable requirements of the City of Vero Beach relating to the sale, possession or consumption of alcohol on public property, (ii) any requirements of the County determined necessary or appropriate to protect the health, safety and welfare of the residents of the County, and (iii) any other requirements of state or federal law, and (2) such sale shall be conducted by, and under the license of, Verotown. F. Facility Use Costs: User group is responsible for any and all expenses associated with the use of the Stadium, including costs imposed by Verotown for use, including, but not limited to, parking attendants, ticket takers, security personnel, clean-up crews, concession operations, and utilities, all as set forth in Attachment 1. Verotown may consent to allow the User Group to procure the aforementioned services directly. G. Security Deposit: User group shall post a security deposit in the amount of a minimum of Ten Thousand Dollars ($10,000) in the form of cash, or a certified or cashier's check drawn on any United States bank, irrevocable direct pay letter of credit, or surety bond issued by a surety licensed to issue surety bonds in Florida and included in the most recent United States Department of the Treasury List of Acceptable Sureties, each of the foregoing payable to Indian River County to be held by the County, and in the case of an irrevocable direct pay letter of credit or surety bond, in form and substance acceptable to the County. The County reserves the right to increase the amount of the required security deposit due to the nature of the event, and the County shall notify the User group during the review process set forth in paragraph K2 of the Guidelines of any additional amount of security deposit. The User Group shall deliver the security deposit to the County Office of Management & Budget no later than ten (10) business days prior to the event date and, if applicable, execute a cash escrow agreement between the County and the User Group, in form and substance acceptable to the County, at the time the security deposit is tendered. H. Facility Preparation and Cleanup: Verotown is responsible for all costs associated with the Stadium cleanup. User Group is responsible for field restoration as set forth in Attachment 1. Verotown must approve cleanup and restoration. If the user group should fail to restore the Stadium facility and grounds, Verotown will have the authority to initiate cleanup and restoration, and any additional costs will be the sole responsibility of the user group, 2 97 as set forth in Attachment 1. The County reserves the right to deduct any such additional costs from the security deposit. 1. Television Rights: Any recording or taping of the event must have the prior written approval of both Verotown and the County, which consent may be granted, denied, or conditioned by either the County or Verotown at their sole respective discretion. Nothing contained herein shall be deemed or construed to require approval by either the County or Verotown of any recording or taping of the event. J. Concessions: Concession sales and operations must either be provided directly by Verotown LLC or have the prior written consent of Verotown which consent may be granted, denied, or conditioned by Verotown in its sole discretion. The user group will reimburse Verotown for any concession service costs incurred by Verotown, as set forth in Attachment 1. K. Procedures: 1. A written request must be submitted by the user group's chief executive officer or board of directors to the County Administrator or his designee at least ninety (90) days in advance of the requested use date. The request must include the following: requested date(s) of use, type of event, estimated attendance, purpose, proof of non-profit status, and a listing of current board of directors and executive director. The County will coordinate with Verotown to seek the written approval of the availability of the date(s) from Verotown. 2. Review and approval shall include: County Administrator, Recreation Department, Risk Management Department, Budget Department, County Attorney and Finance Department, and the Indian River County Sheriff's Office or the Vero Beach Police Department. Additional information may be requested during the review process, including, without limitation, proposed budget and estimated expenses and revenues for the event. It is the responsibility of the requesting user group to secure all appropriate approvals. 3. After the County Administrator or designee review, the user group will be notified in writing, within thirty (30) business days after the date the request was submitted, of the status of the request; the amount of the required security deposit; the types and amounts of required insurance coverages; and the date the request will be submitted for County Commission consideration. The County Administrator or designee will submit the request to the County Commission. The County Commission may approve, approve with conditions or deny the request. The approval or disapproval is at the sole discretion of the County Commission. 4. Execution of an agreement between the County and the user group with respect to the use of the Stadium; submission of proof of ability to obtain the required insurance coverages; delivery of security deposit, and, if applicable, execution of a 3 98 cash escrow agreement between the County and the user group; and delivery of certificates of required insurance coverages. L. Fiscal Reports: Fiscal Reports shall not be required to be submitted to the County, provided however, that within thirty (30) business days of the event, the User Group shall provide to the County proof of its status as a bone fide non-profit corporation under Section 501(c)(3) of the Internal Revenue Code. M. No County Funding: County contribution is use of the Stadium on the date or dates requested by the user group. No County funding of any nature whatsoever, cash or in-kind, will be provided. N. Permits: Any and all required permits and licenses and associated costs for use based on the Indian River County Code of Ordinances, Health Department or any other regulatory authorities are the sole responsibility of Verotown, LLC. Proof of permits must be provided no later than thirty (30) calendar days prior to the requested use date to the County Administrator or his designee. Failure to provide proof of required permits authorizes the County to remedy the situation including up to termination of the requested use. Any expenses incurred by the user group associated with the use of the stadium facilities prior to the time of termination of the requested use pursuant to this paragraph are the sole responsibility of the user group. O. Cancellation of event The County, in a declared emergency, may cancel the event at its sole discretion. If the user group proposes to cancel the use after the County Commission has approved the application and reserved the date(s), the user group must notify the County Administrator or his designee and Verotown in writing as soon as possible prior to the scheduled date of use. P. Discretion The County Administrator shall have discretion to waive any procedural, time period or other such requirement of the Use Guidelines when he/she determines that such waiver is in the best interests of the County. Q. Remedies Failure of the user group to comply with the terms of the agreement authorizes the County to cancel the event up to the date of the scheduled event, and may prohibit the use of the Stadium by the user group for future events at the sole discretion of the County. 4 99 ATTACHMENT 1 Section 6.04. The County's Use of Holman Stadium and the Practice Fields: The County shall have the right to use Holman Stadium and/or the practice fields, for up to ten (10) days per Lease Year, together with any use associated with the community's annual "Harvest Festival" each year, at no charge to the County (other than reimbursing Verotown, LLC for any operating expenses incurred by Verotown, LLC as a result of the County's use of Holman Stadium and/or the practice fields). The dates during which the County may use Holman Stadium and/or the practice fields shall be selected by mutual agreement of the parties; provided that, if the parties cannot agree on the dates, Verotown, LLC's reasonable selection of dates shall be final and controlling. Provided, however, that Verotown, LLC will defer to the County and cooperate in scheduling and making the Facility available for the community's annual "Harvest Festival." The County may use Holman Stadium and/or the practice fields only for functions which do not directly compete with revenue -generating events which have been otherwise arranged by Verotown, LLC. Moreover, the County's use of Holman Stadium and/or the practice fields must not interfere in any way with Verotown, LLC's use and quiet enjoyment of the Facility. The County shall not use or authorize the use of Holman Stadium and/or the practice fields in any manner which would have a material detrimental impact on Holman Stadium and/or the practice fields, and the County shall be and remain solely responsible for any damage or destruction to Holman Stadium and/or the practice fields by the County or its assignee. The County, or its assignee, shall be entitled to retain the revenues from ticket sales for its events, and concessions sold during the events when Holman Stadium and/or the practice fields are utilized by the County; provided, however, that although Verotown, LLC covenants to cooperate with the County in such endeavors, Verotown, LLC shall not be required to provide concession management services and/or any other related services during any County event. In all cases, Verotown, LLC shall be reimbursed by the County for any operating costs and expenses incurred by Verotown, LLC as a result of the County's use of Holman Stadium and/or the practice fields, including, but not limited to, the cost of any parking attendants, ticket takers, security personnel, clean-up crews, and the like provided by Verotown, LLC. Prior to using Holman Stadium and/or the practice fields as provided herein, the County shall cause Verotown, LLC to be named as an additional insured on the County's general liability insurance policy and shall deliver to Verotown, LLC a certificate of insurance which verifies the existence of the policy and the fact that Verotown, LLC is named as an additional insured. Lease Year means a twelve-month period commencing on May 1st of any calendar year of the Term hereof and ending on April 30th of the following calendar year; provided, however, that the first Lease Year shall commence as of the Effective Date and end on the First April 30th following the Effective Date. 1 100 EXHIBIT 2 INSURANCE REQUIREMENTS Commercial General Liability with minimum combined single limit of $1,000,000 per occurrence for bodily injury and property damage to include coverage for premises / operations, products / completed operations, contractual liability and independent contractors. Workers' compensation to meet statutory limits in compliance with the Workers' Compensation law of Florida and Employer's Liability of $100,000 for each accident, $500,000 disease (policy limits) and $100,000 disease (each employee). Business Auto Liability (if vehicles are involved) with $1,000,000 combined single limit per occurrence coverage for bodily injury and property damage. Indian River County is to be an additional insured for CGL and BAL. Verotown, LLC will also be named as an additional insured on these policies. 101 SPECIAL PERMIT TO EXTEND NOISE LIMIT FROM 10 P.M. TO 11 P.M. Pursuant to Section 38-63 (4) of the City of Vero Beach Code of Ordinances, the undersigned City Manager hereby grants permission to extend the noise curfew from 10:00p.m. to 11:OOp.m. during the "Step Up America" Hero Appreciation Festival to be held at Historic Dodgertown/Holman Stadium on Saturday, December 6, 2014. In addition, if any sound equipment is required to be tested prior to this event, it must be completed before the 10:OOp.m. deadline. Date: 91'd /•/ 14/L es'LR.0' onnor 102 Congressional Advisory Board: Sen. Orrin Hatch (R -UT) Sen. Roy Blunt (R•M0) Marsha Blackburn (R -TN) Mkhael Burgess, MD (R -TX) Tom Latham (R -IA) kens Ros .ehtieen (R -Fl) Howard "Buck" McKeon (R -CA) Joseph Pitts (R -PA) Bili Posey (R -FL) Cathy McMorris Rodgers (R -WA) Fred Upton (R -MI) hoard of Directors: Brig. General Donald 8. Smith USA (Ret.) Chairman of the Board Dr. Henry A. Fischer President & CED General Frederkk J. Kroesen USA (Ret.) 1" Vice President Honorable David C. Nolte Treasurer Mrs. Betsy Fischer iecretary Mr. Robert D. Johnson Director Honorable BUt McCollum Directo, 12" SMA lark L Tilley USA (Ret.) Director Chairman Emeritus In Memoriam: Admiral Thomas H. Moorer US. Navy RADM Robert H. Spiro, Jr. US. Navy Senior Advisory Boar, 13" CMSAF Frederick "Jim" Finch USAF (iter) 916 MCPON James Herdt USN (Ret.) SMMC Afford L McMichael USMC IRet.) 86 MCPOCG Vincent W. Patton USCG (Ret.) Governor George Patakl Mr. off Luther Mr. Xavier Piedra Executive Director, Dr. lames S. dobbins d...: .��, T,�7 ,�` �^1 ti' ,,, ___ .. ,,.meq .^� _� 'ti. � •y�,-,r -.-�, l•t-• r• k ..•: . v t 1L IT'? C2 "G �`... �t C' . t L .fit G U .l'a-0 �..3 CA Pca Su eri t_lhzt?® x www.asciusa.org info@asclusa.org 1250 24 ih St. N.W. Suite 300 Wasttlnoton D.0 20037 Phone 202-263-3661 - Fax 202-263-3662 August 12, 2014 Dear Mr. Zito, The American Security Council Foundation requests the use of Holman Stadium at Historic Dodgertown and the opportunity to host our Step Up America Festival on Dec. 6, 2014. The concert will focus attention on our military and first responders and the important role they play in the day to day peace and freedom we have as Americans. Most do not understand that approximately 1% of our population provides so much for so many. We have secured Nashville recording artist " The Band Perry" as our headliner with several additional acts to open the concert. Please see attached the requested information regarding the event. If you have any questions regarding the festival please contact the ASCF Director of Operations Mr, Gary James @ 772-388-2490 (0) or 772- 321-0998 (C). Again, we appreciate this opportunity and believe this will be a great avenue to promote our hero's and add a boost to the local economy. Sincerely, Dr. Henry A. Fischer President/CEO American Security Council Foundation cc: Mr. Craig Callan Ms. Jill Krebs Ms. Gina Ballard The American security Council iioundation is a 501 (c) (3) Tax Exempt organization established in 1958 neac_e through Strength' is a registered Trademark of the American Security Council F-oundatiort. Ali rights reserved. 103 .Ms-, C,r- N SEC UR T Y CO_UNe .., FO N AT i _' Peace through Stre -t-1- t ' www.ascfusa.org into©oascfusa,org 1250 24 th St. N.W Suite 300 Washington, D.0 20037 Phone 202-263-3661 - Fax 202-263-3662 Event Date; The Event: December 6, 2014 This date has been discussed with & reserved by VeroTown, LLC (Craig Callan) American Security Council Foundation presents the "Step Up America" Hero's Appreciation Festival The event will be used to raise awareness regarding the role of our Active Duty Military, Veterans, Law Enforcement and First Responders in our ever changing society. Beneficiaries: The event beneficiaries will be the UDT/SEAL Trident House and the ASCF Scholarship Fund. The UDT/SEAL Trident House is dedicated to those families of U.S. Navy SEALs who have sacrificed their lives in the line of duty. It is used by members of current SEAL units, their families and the families of other Special Operators who have made the ultimate sacrifice. Proceeds from the ASCF Scholarship Fund go to students whose parents are either Active Duty Military, Veterans, Law Enforcement or First Responders. We are happy to announce that we have secured The Band Perry one of the hottest country acts in Nashville along with a rising star j T Hodges and Newton & Thomas with a possible special guest (TBD). There will be a "VIP Meet & Greet" reception with a silent auction prior to the show. We are considering an after show party but will know more about this within the next few weeks. As with any event of this stature we would hope to sell out but plan on at least 4500 to attend with a maximum of 6500. the Ameiican Security (tl{1nrti rolmoatlur, is a 171 jc1 (3) lax l xertaPt Org;antiatrc'n established in 1953. Peau: through Strength& is a registered Tradema(k ni the American `,ecurrty Cuttntii i riurldetion MI rights reserved 104 _ J -r^5 " r y /: '� ` ? .�1 :; I "•• r. rx�\"4..% C , G O � i CIL F N 'i '' T f ) JI �� t.� a.-�+ � ��. i�✓.["i�'� i"�3L'.+ +� � �;�,�/ ..�G 1..in i_ .� .�� � � 1 �' � ��`�l..�- _ � >� Peace through Strengthii ) www.ascfusa.org info gascfusa.org 1250 24 111 St, N.W Suito 300 Washington, 0 G 20037 Phone 202-263-3661 - Fax 202-263-3662 Event Site: Holman Stadium at Historic Dodgertown, Vero Beach, FL Format; See attached timeline We do request permission to use your concession and merchandise sales areas. We also request to sell alcohol. VIP Reception w/ Silent Auction: Saturday, December 6, 2014 Time: TBD Join artists for drinks, hors d'oeuvres and silent auction. Concert Saturday, December 6.2014 Please see attached Timeline of Events Jleadliner and Opening Act(s1, i) The Band Perry; thefansperry.conz 2) J. T. lodges; jthodges.com 3) Newton & Thomas, newtonandthomas.com Prom pier/Production Mpnager: Event fanver Planning Stages ASCF Claire Armbruster GaryJames P.O. Box 41182 1069 Main Street Ste. 101 Nashville, TN. 37204 Sebastian, FL. 32958 615-509-9797 772-388-2490, 772-388-2492 claire.armbruster@ planningstages.net gjames@ascfusa.org Website under construction www.ascfusa.org In addition to tine letterthe following items will I? a required• X501(c) (3) documentation X_$10,000 Security Deposit (payable to Indian River County) X_Estimated Attendance _ Proposed budget X_Board of Directors listing X VeroTown, LLC approval of requested dates Insurance as required in Exhibit 2 (due no Tess than 10 days prior to the event) X_Alcohol Exemption request (if applicable) the American Security Council Hrrundation i; a 501 (c) (3)1U Exempt Organization established in 1955. Peace through Strength% is a registered Trademark of the American Security Councli Foundation. All rights reserved. 105 1 IY (" )i Nt I . FOt.!N;D: ,I L ASCF BOARD OF DIRECTORS Donald B. Smith Chairman of the Board Brig. Gen., USA (Ret.) 141 Dykeman Road Carmel, NY 10512 Mr. David C. Nolte Treasurer 900 Royal Palm Place Vero Beach, FL 32960 Mr. Robert D. Johnson 535 39th Court, SW Vero Beach, FL 32968 Jack L. Tilley 12th SMA, USA (Ret.) 10865 Hoffner Edge Drive Riverview, FL 33579 Offii;ers Dr. Henry A. Fischer President & CEO P.O. Box 780068 Sebastian, FL 32978 Mrs. Betsy Fischer Secretary P.O. Box 780068 Sebastian, FL 32978 Birectors Frederick J. Kroesen ft Vice President General, USA (Ret.) 1250 S. Washington St. #705 Washington, DC 22314 Hon. Bill McCollum 600 Thistlewood Court Longwood, FL 32779 106 t:1? DA Frederick "Jim" Finch 13th Civ1SAF, USAF (Ret.) 198 County Road 2765 Mico, TX 78056 Alford McMichael 14th SMMC, USMC (Ret.) 5300 Seminary Road Alexandria, VA 22311 Mr. Xavier Piedra 27 Farm Road Sherborn, MA 01770 Senior Advisory Board James Herdt 9th MCPON, USN (Ret.) 261 Normandy Lane Chelsea, AL 35043 hon. George Pataki 30 Rockefeller Plaza, 31St Fl. New York, NY 10112 Mr. Jeff Luther P.O. Box 1077 Vero Beach, FL 32961 Vincent W. Patton 8th MCPOCG, USCG (Ret.) 307 Yoakum Parkway #422 Alexandria, VA 22304 107 12/20/13 DEPARTMENT of REVENUE 85-80150135548C-6 Certfficate Number This certifies that Consumer's Certificate of Exemption Issued Pursuant to Chapter 212, Florida Statutes 12/09/2013 Effective Date AMERICAN SECURITY COUNCIL FOUNDATION .1069 MAIN ST STE 101-102 SEBASTIAN Ft. 3 2958-4084 12131/2018 Expiration Date DR -14 R. 04111 is exempt from the payment of Florida sales and use tax on real property rented, transient rentalt0f9ptitril, tangible personal property purchased or rented, or services purchased. Important Information for Exempt Organizations I DR.14 R. 04/11 1. You must provide all vendors and suppliers with an exemption certificate before making tax-exempt purchases: See Rule 12A-1.038, Florida Administrative Code (EA.C.). 2. Your Consumer's Certificate of Exemption is to be used solely by your organization for your organization's customary nonprofit activities, 3. Purchases made by an individual on behalf of the organization are taxable, even if the individual will be reimbursed by the organization. 4. This exemption applies only to purchases your organization makes. The sale or lease to others of tangible personal property, sleeping accommodations, or other real property is taxable. Your organization must register, and collect and remit sales and use tax on such taxable transactions. Note: Churches are exempt from this requirement except when they are the lessor of real property (Rule 12A-1.070, F.A.C.). 5. It is a criminal offense to fraudulently present this certificate to evade the payment of sales lax. Under no circumstances should this certificate be used for the personal benefit of any individual. Violators will be liable for payment of the sales tax plus a penalty of 200% of the tax, and may be subject to conviction of a third-degree felony. Any violation will require the revocation of this certificate. 6. If you have questions regarding your exemption certificate, please contact the Exemption Unit of Account Management at 800-352-3671. From the available options, select "Registration of Taxes," then 'Registration Information," and finally "Exemption Certificates and Nonprofit Entities." The mailing address is PO Box 6480, Tallahassee, FL 32314-6480, 108 Internal Revenue Service Date: September 8, 2003 American Security Council Foundation 201 A N. Main St Culpeper, VA 22701 Dear Sir or Madam: Department of the Treasury P. 0. Box 2508 Cincinnati, O11 45201 Person to Contact: Mr. Mason 31-07424 Customer Service Specialist Toll Free Telephone Number: 8:00 a.m. to 6:30 p.m. EST 877-829-5500 Fax Number: 513-263-3756 Federal Identification ication Number: 36-2416220 This is in response to the amendment to your organization's Articles of Incorporation filed with the state on July 14, 2003. We have updated our records to reflect the name change as indicated above. In August 1959, we issued a determination letter that recognized your organization as exempt from federal income tax. Our records indicate that your organization is currently exempt under section 501(c)(3) of the Internal Revenue Code. Based on information subsequently submitted, we classified your organization as one that is not a private foundation within the meaning of section 509(a) of the Code because it is an organization described in section(s) 509(a)(1) and 170(b)(1)(A)(vi). This classification was based on the assumption that your organization's operations would continue as stated in the application. If your organization's sources of support, or its character, method of operations, or purposes have changed, please let us know so we can consider the effect of the change on the exempt status and foundation status of your organization. Your organization is required to file Form 990, Return of Organization Exempt from Income Tax, only if its gross receipts each year are normally more than $25,000. if a return Is required, it must be filed by the 15th day of the fifth month after the end of the organization's annual accounting period. The law imposes a penalty of $20 a day, up to a maximum of $10,000, when a return is filed late, unless there is reasonable cause for the delay. All exempt organizations (unless specifically excluded) are liable for taxes under the Federal Insurance Contributions Act (social security taxes) on remuneration of $100 or more paid to each employee during a calendar year. Your organization is not liable for the tax imposed under the Federal Unemployment Tax Act (FUTA). Organizations that are not private foundations are not subject to the excise taxes under Chapter 42 of the Code. However, these organizations are not automatically exempt from other federal excise taxes. Donors may deduct contributions to your organization as provided In section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to your organization or for its use are deductible for federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. 109 "P,43 .tarttitexite9titiy- ar6•003 ezzterfa 4004 et CliT61M r pinsm 7pli‘itiA3t3 SUNT11.1UST sx?. -rAttematler r)1 .311,1111HIS 3qt 21) -14I1113-1T. 3 1331313 _ineifttasii • oa Official Check 1,41%, rAIDGet4lIngrrtiztintilfri%RiAPT PA4ttl tit .trn-Ki. nwir, 3k! C1613'0 • AN( es$30, ",q ;;f.' 6449/611 0735520527 Purchaser American Security Council Foundation PAY Indian River County. To filo Order of L Hainan Set:tr.:city Ilerslemit Payable at SunTrust Bank „.. Eca7 Dtai r• by Positive Pay 165851 6070016 Dale Initials (type) Center Aug. 31 ,2a.1% $*10,000.00** SunTrust Banks, Inc. by its Authored Agent ej SunTrust Bank ..1.41111flalk. IIPSIPergr-T 110 American Security Council Foundation Presents "STEP UP AMERICA" HEROES' APPRECIATION FESTIVAL "Holman Stadium" at Historic Dodgertown Vero Beach, PL Saturday, December 6, 2014 Featuring: THE BAND PERRY JT HODGES Newton & Thomas w/special guest (TBD) MC - 94.7 Hot Country Celebrity Host Broadcasting live interviews and ticket availability 3:00 pm Gates Open 4:30 pm to 4:45 pm — Opening Introductions — TBD 4:45 pm to 5:55 pm —NEWTON & THOMAS 6:20 pm to 7:30 pm — JT HODGES 7:30 pm to 8:00 pm — Special Announcements & Possible In Between Act 8:00 pm to 9:30 pm — THE BAND PERRY 111 INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET CONSENT AGENDA TO: Members of the Board of County Commissioners DATE: September 2, 2014 SUBJECT: 2014/2015 STATE/COUNTY CONTRACT INDIAN RIVER COUNTY HEALTH DEPARTMENT FROM: Jason E. Brown Director, Management & Budget DESCRIPTIONS AND CONDITIONS The Indian River County Health Department has submitted their annual contract for approval by the Board of County Commissioners. The contract, required under Chapter 154, Florida Statutes, contains the full annual operating budget, revenues and expenditure program plan for the Health Department for 2014/2015. This contract provides for county funding of the Health Department. The direct contribution for fiscal year 2014/2015 totals $534,521, which is the same amount of funding as the current fiscal year. In addition, the County provides maintenance and operations for Health Department facilities. This is reflected as an in-kind contribution of $638,313 for a total County contribution of $1,172,834. FUNDING Funding for the Florida Department of Health contract is provided by the General Fund. The direct contribution is funded from account number 00110669-088190, and the in-kind contribution is provided in the Facilities Management budget in the General Fund. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the 2014/2015 contract. ATTACHMENTS Sept. 2, 2014 Letter from County Health Department Administrator 2014/2015 State/County Contract APPR S VED AGENDA ITEM: BY: — t Josep A. Bair County Administrator FOR: September 9, 2014 Indian River County , ;• oved Date Administrator 1 2,/9/t9 Legal 44 — Budget Department Risk Management 112 Mission: To protect, promote & improve the health of all people in Florida through integrated state, county & oommunfty efforts. 7377,7 HEALTH Vision: To be the Healthiest State in the Nation Rick Scott Govemor John H. Armstrong, MD, FACS State Surgeon General & Secretary FLORIDA DEPARTMENT OF HEALTH IN INDIAN RIVER COUNTY September 2nd , 2014 Joseph A. Baird, Administrator Indian River County Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 RE: 2014-2015 State/County Contract Dear Mr. Baird, Please find attached (3) originals of the 2014-15 State and County contract for the operations of the Indian River County Health Department for your review and formal approval by the Indian River County Board of Commissioners. The contract, required under F.S. 154, contains the full annual operating budget; revenues and expenditure program plan for our health department. The total amount of the contract including all revenue sources and in-kind sources is $11,389,086. The county appropriation of $534,521 (not including $84,949 human services funding) along with estimated building operational expenses of $638,313 are specified fiscal responsibilities of the Indian River County Board of Commissioners. As point of clarification, Indian River County Hospital District's appropriation is reflected under revenue object code -008020 Grants -County Tax Direct for $1,948,380 funding primary care, dental services, and Gifford Health Center. The basic expenditure plan forecasts anticipated number of clients, services, and dedicated staff to each area served by the health department. As always, a quarterly variance report will be forwarded to your attention for review of variances to our plan that exceeds 25%. Please feel free to call me at 794-7450 if you have any questions. We will be available to the Commission when the contract is presented. Sincerely, €47,0ek- Miranda Hawker County Health Department Administrator Attachments Florida Department of Health In Indian River County 1900 27th Street, Vero Beach, FL 32960 PHONE: 772/794-7400 • www.myirchd.com $EP 022014 www. FloridasHealth.com TWfTTER:HeatthyFLA FACEBOOK:FLDepartmentofHealth YOUTUBE: fldoh 113 CONTRACT BETWEEN INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS AND STATE OF FLORIDA DEPARTMENT OF HEALTH FOR OPERATION OF THE INDIAN RIVER COUNTY HEALTH DEPARTMENT CONTRACT YEAR 2014-2015 This agreement ("Agreement") is made and entered into between the State of Florida, Department of Health ("State") and the Indian County Board of County Commissioners ("County"), through their undersigned authorities, effective October 1, 2014. RECITALS A. Pursuant to Chapter 154, Florida Statutes, the intent of the legislature is to "promote, protect, maintain, and improve the health and safety of all citizens and visitors of this state through a system of coordinated county health department services." B. County Health Departments were created throughout Florida to satisfy this legislative intent through "promotion of the public's health, the control and eradication of preventable diseases, and the provision of primary health care for special populations." C. Indian River County Health Department ("CHD") is one of the County Health Departments created throughout Florida. D. It is necessary for the parties hereto to enter into this Agreement in order to ensure coordination between the State and the County in the operation of the CHD. NOW THEREFORE, in consideration of the mutual promises set forth herein, the sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. RECITALS. The parties mutually agree that the forgoing recitals are true and correct and incorporated herein by reference. 2. TERM. The parties mutually agree that this Agreement shall be effective from October 1, 2014, through September 30, 2015, or until a written agreement replacing this Agreement is entered into between the parties, whichever is later, unless this Agreement is otherwise terminated pursuant to the termination provisions set forth in paragraph 8, below. 3. SERVICES MAINTAINED BY THE CHD. The parties mutually agree that the CHD shall provide those services as set forth on Part III of Attachment II hereof, in order to maintain the following three levels of service pursuant to Section 154.01(2), Florida Statutes, as defined below: a. "Environmental health services" are those services which are organized and operated to protect the health of the general public by monitoring and regulating activities in the environment which may contribute to the occurrence or transmission of disease. 114 1 Environmental health services shall be supported by available federal, state and local funds and shall include those services mandated on a state or federal level. Examples of environmental health services include, but are not limited to, food hygiene, safe drinking water supply, sewage and solid waste disposal, swimming pools, group care facilities, migrant labor camps, toxic material control, radiological health, and occupational health. b. "Communicable disease control services" are those services which protect the health of the general public through the detection, control, and eradication of diseases which are transmitted primarily by human beings. Communicable disease services shall be supported by available federal, state, and local funds and shall include those services mandated on a state or federal level. Such services include, but are not limited to, epidemiology, sexually transmissible disease detection and control, HIV/AIDS, immunization, tuberculosis control and maintenance of vital statistics. c. "Primary care services" are acute care and preventive services that are made available to well and sick persons who are unable to obtain such services due to lack of income or other barriers beyond their control. These services are provided to benefit individuals, improve the collective health of the public, and prevent and control the spread of disease. Primary health care services are provided at home, in group settings, or in clinics. These services shall be supported by available federal, state, and local funds and shall include services mandated on a state or federal level. Examples of primary health care services include, but are not limited to: first contact acute care services; chronic disease detection and treatment; maternal and child health services; family planning; nutrition; school health; supplemental food assistance for women, infants, and children; home health; and dental services. 4. FUNDING. The parties further agree that funding for the CHD will be handled as follows: a. The funding to be provided by the parties and any other sources are set forth in Part II of Attachment II hereof. This funding will be used as shown in Part1 of Attachment II. i. The State's appropriated responsibility (direct contribution excluding any .state fees, Medicaid contributions or any other funds not listed on the Schedule C) as provided in Attachment II, Part II is an amount not to exceed $ 2.936,640 (State General Revenue, State Funds, Other State Funds and Federal Funds listed on the Schedule C). The State's obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. 11. The County's appropriated responsibility (direct contribution excluding any fees, other cash or local contributions) as provided in Attachment II, Part II is an amount not to exceed $534,521 (amount listed under the "Board of County Commissioners Annual Appropriations section of the revenue attachment). b. Overall expenditures will not exceed available funding or budget authority, whichever is less, (either current year or from surplus trust funds) in any service category. Unless requested otherwise, any surplus at the end of the term of this Agreement in the 115 2 County Health Department Trust Fund that is attributed to the CHD shall be carried forward to the next contract period. c. Either party may establish service fees as allowed by law to fund activities of the CHD. Where applicable, such fees shall be automatically adjusted to at least the Medicaid fee schedule. d. Either party may increase or decrease funding of this Agreement during the term hereof by notifying the other party in writing of the amount and purpose for the change in funding. If the State initiates the increase/decrease, the CHD will revise the Attachment II and send a copy of the revised pages to the County and the Department of Health, Office of Budget and Revenue Management. If the County initiates the increase/decrease, the County shall notify the CHD. The CHD will then revise the Attachment 1I and send a copy of the revised pages to the Department of Health, Office of Budget and Revenue Management. e. The name and address of the official payee to who payments shall be made is: County Health Department Trust Fund Indian River County Health Department Accounts Receivable Vero Beach, FL 32960-3383 5. CHD DIRECTOR/ADMINISTRATOR. Both parties agree the director/administrator of the CHD shall be a State employee or under contract with the State and will be under the day-to-day direction of the Deputy Secretary for Statewide Services. The director/administrator shall be selected by the State with the concurrence of the County. The director/administrator of the CHD shall ensure that non -categorical sources of funding are used to fulfill public health priorities in the community and the Long Range Program Plan. A report detailing the status of public health as measured by outcome measures and similar indicators will be sent by the CHD director/administrator to the parties no later than October 1 of each year (This is the standard quality assurance "County Health Profile" report located on the Division of Public Health Statistics and Performance Management Intranet site). 6. ADMINISTRATIVE POLICIES AND PROCEDURES. The parties hereto agree that the following standards should apply in the operation of the CHD: a. The CHD and its personnel shall follow all State policies and procedures, except to the extent permitted for the use of county purchasing procedures as set forth in subparagraph b., below. All CHD employees shall be State or State -contract personnel subject to State personnel rules and procedures. Employees will report time in the Health Management System compatible format by program component as specified by the State. b. The CHD shall comply with all applicable provisions of federal and state laws and regulations relating to its operation with the exception that the use of county purchasing procedures shall be allowed when it will result in a better price or service and no statewide Department of Health purchasing contract has been implemented for those goods or services. In such cases, the CHD director/administrator must sign a justification therefore, 116 3 and all county -purchasing procedures must be followed in their entirety, and such compliance shall be documented. Such justification and compliance documentation shall be maintained by the CHD in accordance with the terms of this Agreement. State procedures must be followed for all leases on facilities not enumerated in Attachment IV. c. The CHD shall maintain books, records and documents in accordance with those promulgated by the Generally Accepted Accounting Principles (GAAP) and Governmental Accounting Standards Board (GASB), and the requirements of federal or state law. These records shall be maintained as required by the. Department of Health Policies and Procedures for Records Management and shall be open for inspection at any time by the parties and the public, except for those records that are not otherwise subject to disclosure as provided by law which are subject to the confidentiality provisions of paragraph 61, below. Books, records and documents must be adequate to allow the CHD to comply with the following reporting requirements: 1. The revenue and expenditure requirements in the Florida Accounting System Information Resource (FLAIR). ii. The client registration and services reporting requirements of the minimum data set as specified in the most current version of the Client Information System/Health Management Component Pamphlet; Financial procedures specified in the Department of Health's Accounting Procedures Manuals, Accounting memoranda, and Comptroller's memoranda; iv. The CHD is responsible for assuring that ail contracts with service providers include provisions that all subcontracted services be reported to the CHD in a manner consistent with the client registration and service reporting requirements of the minimum data set as specified in the Client information System/Health Management Component Pamphlet. d. All funds for the CHD shall be deposited in the County Health Department Trust Fund maintained by the state treasurer. These funds shall be accounted for separately from funds deposited for other CHDs and shall be used only for public health purposes in Indian River County. e. That any surplus/deficit funds, including fees or accrued interest, remaining in the County Health Department Trust Fund account at the end of the contract year shall be credited/debited to the state or county, as appropriate, based on the funds contributed by each and the expenditures incurred by each. Expenditures will be charged to the program accounts by state and county based on the ratio of planned expenditures in the core contract and funding from all sources is credited to the program accounts by state and county. The equity share of any surplus/deficit funds accruing to the state and county is determined each month and at contract year-end. Surplus funds may be applied toward the funding requirements of each participating governmental entity in the following year. However, in each such case, all surplus funds, including fees and accrued interest, shall 117 4 remain in the trust fund until accounted for in a manner which clearly illustrates the amount which has been credited to each participating governmental entity. The planned use of surplus funds shall be reflected in Attachment II, Part 1 of this contract, with special capital projects explained in Attachment V. f. There shall be no transfer of funds between the three levels of services without a contract amendment unless the CHD director/administrator determines that an emergency exists wherein a time delay would endanger the public's health and the Deputy Secretary for Statewide Services has approved the transfer. The Deputy Secretary for Statewide Services shall forward written evidence of this approval to the CHD within 30 days after an emergency transfer. g. The CHD may execute subcontracts for services necessary to enable the CHD to carry out the programs specified in this Agreement. Any such subcontract shall include all aforementioned audit and record keeping requirements. h. At the request of either party, an audit may be conducted by an independent CPA on the financial records of the CHD and the results made available to the parties within 180 days after the close of the CHD fiscal year. This audit will follow requirements contained in OMB Circular A-133 and may be in conjunction with audits performed by county government. If audit exceptions are found, then the director/administrator of the CHD will prepare a corrective action plan and a copy of that plan and monthly status reports will be furnished to the contract managers for the parties. i. The CHD shall not use or disclose any information concerning a recipient of services except as allowed by federal or state law or policy. j. The CHD shall retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this Agreement for a period of five (5) years after termination of this Agreement. If an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings. k. The CHD shall maintain confidentiality of all data, files, and records that are confidential under the law or are otherwise exempted from disclosure as a public record under Florida law. The CHD shall implement procedures to ensure the protection and confidentiality of all such records and shall comply with sections 38429, 381.004, 392.65 and 456.057, Florida Statutes, and all other state and federal laws regarding confidentiality. All confidentiality procedures implemented by the CHD shall be consistent with the Department of Health Information Security Policies, Protocols, and Procedures. The CHD shall further adhere to any amendments to the State's security requirements and shall comply with any applicable professional standards of practice with respect to client confidentiality. I. The CHD shall abide by all State policies and procedures, which by this reference are incorporated herein as standards to be followed by the CHD, except as otherwise permitted for some purchases using county procedures pursuant to paragraph 6.b. hereof. 118 5 m. The CHD shall establish a system through which applicants for services and current clients may present grievances over denial, modification or termination of services. The CHD will advise applicants of the right to appeal a denial or exclusion from services, of failure to take account of a client's choice of service, and of his/her right to a fair hearing to the final governing authority of the agency. Specific references to existing laws, rules or program manuals are included in Attachment I of this Agreement. n. The CHD shall comply with the provisions contained in the Civil Rights Certificate, hereby incorporated into this contract as Attachment III. o. The CHD shall submit quarterly reports to the county that shall include at least the following: i. The DE385L1 Contract Management Variance Report and the DE580L1 Analysis of Fund Equities Report; ii. A written explanation to the county of service variances reflected in the DE385L1 report if the variance exceeds or falls below 25 percent of the planned expenditure amount. However, if the amount of the service specific variance between actual and planned expenditures does not exceed three percent of the total planned expenditures for the level of service in which the type of service is included, a variance explanation is not required. A copy of the written explanation shall be sent to the Department of Health, Office of Budget and Revenue Management. 119 6 p. The dates for the submission of quarterly reports to the county shall be as follows unless the generation and distribution of reports is delayed due to circumstances beyond the CHD's control: 1. March 1, 2015 for the report period October 1, 2014 through December 31, 2014; /1. June 1, 2015 for the report period October 1, 2014 through March 31, 2015; September 1, 2015 for the report period October 1, 2014 through June 30, 2015; and iv. December 1, 2015 for the report period October 1, 2014 through September 30, 2015. 7. FACILITIES AND EQUIPMENT. The parties mutually agree that: a. CHD facilities shall be provided as specified in Attachment IV to this contract and the county shall own the facilities used by the CHD unless otherwise provided in Attachment IV. b. The county shall ensure adequate fire and casualty insurance coverage for County - owned CHD offices and buildings and for all furnishings and equipment in CHD offices through either a self-insurance program or insurance purchased by the County. c. All vehicles will be transferred to the ownership of the County and registered as county vehicles. The county shall ensure insurance coverage for these vehicles is available through either a self-insurance program or insurance purchased by the County. All vehicles will be used solely for CHD operations. Vehicles purchased through the County Health Department Trust Fund shall be sold at fair market value when they are no longer needed by the CHD and the proceeds returned to the County Health Department Trust Fund. 8. TERMINATION. a. Termination at Will. This Agreement may be terminated by either party without cause upon no less than one -hundred eighty (180) calendar days notice in writing to the other party unless a lesser time is mutually agreed upon in writing by both parties. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. b. Termination Because of Lack of Funds. In the event funds to finance this Agreement become unavailable, either party may terminate this Agreement upon no less than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. c. Termination for Breach. This Agreement may be terminated by one party, upon no less than thirty (30) days notice, because of the other party's failure to perform an 120 7 obligation hereunder. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. Waiver of breach of any provisions of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 9. MISCELLANEOUS. The parties further agree: a. Availability of Funds. If this Agreement, any renewal hereof, or any term, performance or payment hereunder, extends beyond the fiscal year beginning July 1, 2015, it is agreed that the performance and payment under this Agreement are contingent upon an annual appropriation by the Legislature, in accordance with section 287.0582, Florida Statutes. b. Contract Managers. The name and address of the contract managers for the parties under this Agreement are as follows: For the State: For the County: Mayur Rao Name Jason Brown Name Business Manager Budget Director Title Title 1900 27th Street 1801 27th Street Vero Beach, FL, 32960-3383 Vero Beach, FI., 32960-3383 Address Address 772-794-7464 Telephone 772-567-8000 Ext. 1214 Telephone If different contract managers are designated after execution of this Agreement, the name, address and telephone number of the new representative shall be furnished in writing to the other parties and attached to originals of this Agreement. c. Captions. The captions and headings contained in this Agreement are for the convenience of the parties only and do not in any way modify, amplify, or give additional notice of the provisions hereof. 121 8 In WITNESS THEREOF, the parties hereto have caused this 20 page agreement to be executed by their undersigned officials as duly authorized effective the 1' day of October, 2014. BOARD OF COUNTY COMMISSIONERS STATE OF FLORIDA FOR INDIAN RIVER COUNTY DEPARTMENT OF HEALTH SIGNED BY: SIGNED BY: NAME: NAME: John H. Armstrong, MD TITLE: TITLE: Surgeon General/Secretary of Health DATE: DATE: ATTESTED TO: SIGNED BY: SIGNED BY: NAME: TITLE: DATE: APPROVED AS TO FO AND -,AL 1 Fl BY WILLIAM . DEBRAAL DEPUTY COUNTY ATTORNEY NAME: Miranda C Hawker TITLE: CHD Administrator DATE: '9A2/ 9 122 ATTACHMENT I INDIAN RIVER COUNTY HEALTH DEPARTMENT PROGRAM SPECIFIC REPORTING REQUIREMENTS AND PROGRAMS REQUIRING COMPLIANCE WITH THE PROVISIONS OF SPECIFIC MANUALS Some health services must comply with specific program and reporting requirements in addition to the Personal Health Coding Pamphlet (DHP 50-20), Environmental Health Coding Pamphlet (DHP 50-21) and FLAIR requirements because of federal or state law, regulation or rule. If a county health department is funded to provide one of these services, it must comply with the special reporting requirements for that service. The services and the reporting requirements are listed below: Service Sexually Transmitted Disease Program 2. Dental Health 3. Special Supplemental Nutrition Program for Women, Infants and Children (including the WIC Breastfeeding Peer Counseling Program) 4. Healthy Start/ Improved Pregnancy Outcome 5. Family Planning 6. Immunization Requirement Requirements as specified in F.A.C. 64D-3, F.S. 381 and F.S. 384. Periodic financial and programmatic reports as specified by the program office. Service documentation and monthly financial reports as specified in DHM 150-24* and all federal, state and county requirements detailed in program manuals and published procedures. Requirements as specified in the 2007 Healthy Start Standards and Guidelines and as specified by the Healthy Start Coalitions in contract with each county health department. Requirements as specified in Public Law 91-572, 42 U.S.C. 300, et seq., 42 CFR part 59, subpart A, 45 CFR parts 74 & 92, 2 CFR 215 (OMB Circular A-110) OMB Circular A-102, F.S. 381.0051, F.A.C. 64F-7, F.A.C. 64F-16, and F.A.C. 64F- 19. Requirements and Guidance as specified in the Program Requirements for Title X Funded Family Planning Projects (Title X Requirements)(2014) and the Providing Quality Family Planning Services (QFP): Recommendations of CDC and the U.S. Office of Population Affairs published on the Office of Population Affairs website. Programmatic annual reports as specified by the program office as specified in the annual programmatic Scope of Work for Family Planning and Maternal Child Health Services, including the Family Planning Annual Report (FPAR), and other minimum guidelines as specified by the Policy Web Technical Assistance Guidelines. Periodic reports as specified by the department pertaining to immunization levels in kindergarten and/or seventh grade pursuant to instructions contained in the Immunization Guidelines -Florida Schools, Childcare Facilities and Family Daycare Homes (DH Form 150-615) and Rule 64D-3.046, F.A.C. In addition, periodic reports as specified by the department pertaining to the surveillance/investigation of reportable vaccine -preventable diseases, adverse events, vaccine accountability, and assessment of immunization 123 ATTACHMENT I (Continued) levels as documented in Florida. SHOTS and supported by CHD Guidebook policies and technical assistance guidance. 7. Environmental Health Requirements as specified in Environmental Health Programs Manual 150-4* and DHP 50-21 * 8. HIV/AIDS Program Requirements as specified in F.S. 384.25 and F.A.C. 64D-3.030 and 64D-3.031. Case reporting should be on Adult HIV/AIDS Confidential Case Report CDC Form DH2139 and Pediatric HIV/AIDS Confidential Case Report CDC Form DH2140. Requirements as specified in F.A.C. 64D-2 and 64D-3, F.S. 381 and F.S. 384. Socio -demographic and risk data on persons tested for HIV in CHD clinics should be reported on Lab Request DH Form 1628 in accordance with the Forms Instruction Guide. Requirements for the HIV/AIDS Patient Care programs are found in the Patient Care Contract Administrative Guidelines. 9. School Health Services Requirements as specified in the Florida School Health Administrative Guidelines (May 2012). Requirements as specified in F.S. 381.0056, F.S. 381.0057, F.S. 402.3026 and F.A.C. 64F-6. 10. Tuberculosis Tuberculosis Program Requirements as specified in F.A.C. 64D-3 and F.S. 392. 11. General Communicable Disease Control 12. Refugee Health Program Carry out surveillance for reportable communicable and other acute diseases, detect outbreaks, respond to individual cases of reportable diseases, investigate outbreaks, and carry out communication and quality assurance functions, as specified in F.A.C. 64D-3, F.S. 381, F.S. 384 and the CHD Epidemiology Guide to Surveillance and Investigations. Programmatic and financial requirements as specified by the program office. *or the subsequent replacement if adopted during the contract period. 124 CP .A C., N o. 0 Co 0 c 00 o o O O o n R1 0 0 CD fll co O a at -N fn N �, N 6 1)O CD O O o CD 'a o o O- o-8 o 7 o (n o cn `m' cn fl) CD CD CDCD o n a a a C = 3 R 3 m 3� co * m = m o �' �(2 21 m COa C7n O C) o O N T N= N O c O p� O o• cn n ()I« 01 = co o Cv m a N 0 O_ CD 0 N 7 Q co CHD Trust Fund Ending Balance 09/30/14 C) 1 CD CD -- a N c. O 0) N O N Ca) n 0)) O -a V 0) N 7 C1 3 O CS (D CD N C) A O Ch cD O cn 0) CO 0) O Cr) C.) acuele8 pun.d aWTS pa}eWIISD PLANNED USE OF COUNTY HEALTH DEPARTMENT TRUST FUND BALANCES INDIAN RIVER COUNTY HEALTH DEPARTMENT II 1N]INHOVIIV 125 94;i�,c:a 11 INDwritIvERsUEART Parch, Homus oraootr1at8u .cawittixesithlkeextment odour 1, 2W4 is,. 9Q16 1. GENERAL REVENUE • STATE 016040 AIDS PATIENT CARE 015040 CHD • TB COMMUNITY PROGRAM 016040 DENTAL SPECIAL INITIATIVE PROJECTS 015040 FAMILY PLANNING GENERAL REVENUE 015040 PRIMARY CARE PROGRAM 016040 SCHOOL HEALTH SERVICES - GENERAL REVENUE 015040 DOH VP -SPONSE TO TERRORISM 016050 CHD GENERA1. REVENUE NON•CATEGORICAL GENERAL REVENUE TOTAL State CED ;Couut 'hold Cab irroet'hnS CUD; '14 ig Viand • Other (aguaa Trust Fowl (csetO ConIthu n 100,000 0 100,000 0 100,000 31,606 0 31,605 0 31,605 7,075 0 7,075 0 7,075 34,330 0 34,330 0 34,330 183,226 0 189,226 0 183,226 136,867 0 136,887 0 136,867 20,492 0 29,492 0 29,492 1,308,210 0 1,308,210 0 1,308,210 1,830,805 0 1,830,805 0 1,830,806 2. NON GENERAL REVENUE -STATE 015010 STATE UNDERGROUND PETROLEUM RESPONSE ACT 2,450 0 2,450 0 2,450 015010 ENVIRONMENTAL BIOMEDICAL WASTE PROGRAM 10,903 0 10,903 0 10,903 NON GENERAL REVENUE TOTAL 13,353 0 19,353 0 10,352 3. FEDERAL FUNDS - STATE 007000 AIDS DRUG ASSISTANCE PROGRAM ADMIN 007000 BIOTERRORISM HOSPITAL PREPAREDNESS 007000 WIC BR.EAS Y N.EDING PEER COUNSELING PROG 007000 COASTAL BEACH WATER QUALITY MONITORING 007000 COMPREHENSIVE COMMUNITY CARDIO - PHBG 007000 FAMILY PLANNING TITLE X - GRANT 007000 PUBLIC FILTH INFRASTRUCTURE INDIAN RIVER 007000 Th %5UNIZATION ACTION PLAN 007000 MCH SPECIAL PROJCT DENTAL 007000 PHP PUBLIC HEALTH PREPAREDNESS BASE ALLOC 007000 AIDS PREVENTION 007000 RYAN WHITE TITLE U GRANT/CHD CONSORTIAM 007000 WIC PROGRAM ADMINISTRATION 015075 SUPPLEMENTAL SCHOOL HEALTH FEDERAL FUNDS TOTAL 35,000 0 35,000 0 35,000 24,000 0 24,000 0 24,000 45,604 0 45,604 0 45,604 14,702 0 14,702 0 14,702 13,668 0 13,668 0 13,668 60,434 0 60,434 0 60,434 17,500 0 17,500 0 17,500 14,880 0 14,880 0 14,880 16,173 0 16,173 0 16,173 132,115 0 132,116 0 132,116 56,406 0 56,406 0 56,406 16,000 0 16,000 0 16,000 552,649 0 552,549 0 552,649 150,068 0 150,068 0 150,068 1,149,099 0 1,149,099 0 1,149,099 4. P'EFS ASSESSED BY STATE OR FEDERAL RULES • STATE 001020 CHD STATEWIDE ENVIRONMENTAL FEES 109,930 0 109,930 0 109,930 001092 REVENUE CONTRACT/MOA W/N0 REPORTING REQUIREMENT 0 6,447 6,447 0 6,447 001092 CHD STATEWIDE ENVIRONMENTAL FEES 238,709 0 238,709 0 298,709 001206 ON SITE SEWAGE DISPOSAL PERMIT FEES 17,899 0 17,893 0 17,893 001208 SANITATION CERTIFICATES (FOOD INSPECTION) 2,154 02,154 0 2,164 001208 SEPTIC TANK RESEARCH SURCHARGE 1,986 0 1,986 0 1,986 001206 PUBLIC SWIMMING POOL PERMIT FEES 10% HQ TRANSFER 681 0 681 0 681 001206 DRINKING WATER PROGRAM OPERATIONS 400 0 400 0 400 001206 REGULATION OF BODY PIERCING SALONS 38 0 93 0 33 001206 TANNING FACILITIES 217 0 217 0 217 126 Page 1 of 3 A1TACBMINT II nimbi RIS', COUNTY IMAM D ARTMENT Part II, Samos a otCcOddbatumr to County Dopartmant October 1, 2014 to September BO, 2015 State CEEB Camay Total Cad Fond UBD twit Fund Odor Scam Tana Sunil Ipeoh) ContrO %n, .'Ytita1:. 001206 ONSITE SEWAGE TRAINING CENTER 984 0 984 0 984 001206 TATTO PROGRAM ENVIRONMENTAL HEALTH 336 0 336 0 336 001206 MOBILE HOME & RV PARK FEES 1,944 0 1,944 0 1,944 FRES ASSESSED BY STATE OR FEDERAL RULES TOTAL 376,267 6,447 381,714 0 381,714 5. OTHER CASH CONTRIBUTIONS - STATE! 0 0 0 0 0 090001 DRAW DOWN FROM PUBLIC HEALTH UNIT 47,806 0 47,305 0 47,905 OTHER CASH CONTRIBUTION TOTAL 0 0 0 0 0 8. MEDICAID • STATE/COUNTY: 001078 CHD CLINIC FEES 001081 CHD CLINIC FEES 001082 CHD CLINIC FEES 001083 CHD CLINIC FEES 001087 CHD CLINIC FEES 001089 CHD CLINIC FEES 001192 CHD CLINIC FEES 001199 CED CLINIC FEES MEDICAID TOTAL O 24,347 24,347 0 24,347 O 172,580 172,580 0 172,580 0 194,400 194,400 0 194,400 0 118,059 113,069 0 118,059 0 82,839 82,839 0 82,939 0 23,039 23,039 0 23,039 0 287,394 287,394 0 287,394 0 149,396 148,885 0 149,936 O 980,493 990,499 0 990.498 7. ALLOCABLE REVENUE • STATE: 018000 CRD GENERAL REVENUE NON -CATEGORICAL 1,000 0 1,000 0 1,000 MEDICAID TOTAL 1,000 0 1,000 0 1,000 8.OTHER STATE CONTRIBUTIONS NOT IN CBD TRUST FUND • STATE ADAP 0 0 0 246,300 246,300 PHARMACY DRUG PROGRAM 0 0 0 68.898 63,639 STD 0 0 0 0 0 WIC PROGRAM 0 0 0 1,873,130 1,873,133 BUREAU OF PUBLIC HEALTH LABORATORIES 0 0 0 86,198 36,198 IMMUNIZATIONS 0 0 0 354,724 354,724 OTHER STATE CONTRIBUTIONS TOTAL 0 0 0 2,573,985 2,673,985 9. DIRECT LOCAL CONTRIBUTIONS - BCCP AX DISTRICT 008020 CHIT LOCAL REVENUE & EXPENDITURES 0 L948,380 1,948,380 0 1,948,980 008034 CIED LOCAL REVENUE & EXPENDITURES 0 534,521 634,521 0 634,521 008040 HUMAN AND CHD,DRENS SERVICES PROGRAM 0 84,949 84,949 0 84,949 008040 CHD FEDERAL & LOCAL INDIRECT EARNINGS 0 0 0 0 0 DIRECT COUNTY CONTRIBUTIONS TOTAL 0 2,567,850 2,567,850 0 2,667,850 10. FEES AUTHORIZED BY COUNTY ORDINANCE OR RESOLUTION - COUNTY D01080 VITAL STATISTICS CERTIFU.D RECORDS 0 93D 990 0 930 001077 CUD CLINIC FEES 0 425,505 425,505 0 425,505 001094 CHD STATEWIDE ENVIRONMENTAL FEES 0 75,805 75,805 0 75,806 127 Pepe 2 of 3 /NDIAN R1A , cot5rftY.I LTH DE ARTMERr Past Il Swu'o , ,tConkcibtttiotee to Cocinig Hest& Tleparunciat 0480141, ;$114 to Bei/teea'be;SO, 2015 : 001114 VITAL STATISTICS CERTIFIED RECORDS 001115 VITAL STATISTICS CERT1r'1ED RECORDS 001117 VITAL STATISTICS CERTIFIED RECORDS FEES AUTHORIZED BY COUNTY TOTAL State CIEW Coludy 410481 O D 'rivet l t ORD' Trust Fund Other (nob) Trust Fund (ctud4 Conteibutinn 0 82,908 32,908 0 32,903 0 165,172 166,172 0 185,172 O 1,867 1,867 0 1,867 O 702,182 702,182 0 702,182 11. OTHER CASH AND LOCAL CONTRIBUTIONS - COUNTY 001029 CHIT CLINIC FEES 0 103,084 103,084 0 103,084 001090 CHL) CLINIC FEES 0 60,509 60,509 0 60,509 005041 CUD LOCAL REVENUE & EXPENDITURES 0 3,800 3,800 0 9,800 011000 MD CLINIC FEES 0 1,936 1,036 0 1,938 011000 CHDCASH DONATION /NON-SPECIFIC 0 2,000 2,000 0 2,000 011000 CHID GENERAL REVENUE NON•CATEGORICAL 50 0 50 0 60 011000 ST JOHNS RIVER WATER MANAGEMENT DISTRICT 0 11,297 11,297 0 11,297 011000 UNITED WAY CONTRACTS WITH CHDS 0 45,500 45,500 0 45,600 011001 CHI? HEALTHY START COALITION CONTRACT 0 2,520 2,620 0 2,620 090002 DRAW DOWN FROM PUBLIC HEALTH UNIT 0 262,291 262,291 0 282,291 OTHER CASH AND LOCAL CONTRIDUTLONS TOTAL 50 492,937 492,987 0 492,987 12. ALLOCABLE REVENUE - COUNTY O 0 0 0 0 COUNTY ALLOCABLE REVENUE TOTAL 0 0 0 0 0 13. BUILDINGS • COUNTY ANNUAL RENTAL EQUIVALENT VALUE 0 0 0 329,096 329,006 OTHER (Specify) 0 0 0 0 0 UTILITIES 0 0 0 181,645 181,645 BUILDING MAINTENANCE 0 0 0 127,668 127,668 GROUNDS MAINTENANCE 0 0 0 0 0 INSURANCE 0 0 0 0 0 OTHER (Specify) 0 0 0 0 0 OTHER (Specify) 0 0 0 0 0 BUI DINGSTOTAL 0 0 0 638,313 638,3I3 14. OTBER COUNTY CONTRIBUTIONS NOT IN CID TRUST FUND • COUNTY EQUIPMENT 1 VEHICLE PURCHASES 0 0 0 0 VEHICLE INSURANCE 0 0 0 0 1 VEHICLE MAINTENANCE 0 0 0 0 0 OTHER COUNTY CONTRIBUTION (SPECIFY) 0 0 0 0 0 OTHER COUNTY CONTRIBUTION (SPECIFY) 0 0 0 0 0 OTHER COUNTY CONTRIBUTIONS TOTAL 0 0 0 0 0 GRAND TOTAL CED PROGRAM 3,416,879 4,759,909 8,176,788 3,212,298 11,389,086 128 Page 3 of 3 r RiifES goniax fact ffi, Pleaaes3 ata4ne. Monis; eicnditums B1PfioBram tier i ee.elrea Withia Each Lemat of Service 07abober i,'=4 to Se eraheir SO, 20311. Quartii8y Expenditure Pfau pm* Manta Services/<: ::ick 2nd • Srd (0.001 Unite Visite . Miele donate rmly) A. COMMUNICABLE DISEASE CONTROL: IMMUNIZATION (101) 4.74 4,380 5,884 96,776 82,929 96,776 96,739 171,017 202,203 373,220 SEXUALLY TRANS. DIS. (102) 4.42 1,081 1,447 67,227 57,609 67,227 67,202 81,276 177,990 259,265 HIVIAIDS PREVENTION (03A1) ; .17 2 33,266 28,506 33 .".6E 7 .1,W 127,31" 983 128,290 HIV/AIDS SUR.VEILANCE (03A2) 5 u I ni.h .....t 1 1106 1,('+1-1 1 O 5. 49 3,888 HIV/AIDS PATIENT CARE (03A3) 2.71 ;,u;-' 1,773 55 081 ;-.U71 55.9,1 15,1. -ill., 15-1. r :+ St 101 215,898 ADAP (03A4) 0.75 1 1 l 5I1:i 10,114 11,803 1 :,70;1 45,178 339 ir,- 1 i TUBERCULOSIS (104) 1.59 442 r- o :i' n..?,:-., :,i '5i 21, 5a9 .G 110 I-.!..-.1,!. COMM DIS. SURV. (106) 1.61 0 ° t,. 9,'1: k I IN; , 25.10. f'1,.+3-11' q 1 HEPATITIS (109) 0.00 0 U i, 0 ,: i, PREPAREDNESS AND RESPONSE (116) 2.41 0 1:01 111.11;': 141: 107 1.1 t IP 4j1 I'S. ;2.1,..71,1 1,113 : 35 6" 1 REFUGEE HEALTH (118) 0.00 0 0 I 0 r, 0 0 VITAL RECORDS (180) 1.16 6,200 lb,.5) 13 2;11 13.1.'1.1 16,232 16,227 11 62.601 62,601 C.OMM 1NICAillAiFII`a+.+LSF. )9 - (f1'AL "1 :1 13' 2',,;2. a 10 5:i:' 338,775 395,339 395,186 1,039;467 485,172 1,524,639 B. PRIMARY CARE: CHRONIC DISEASE PREVENTION PRO (210) 0.15 721 175 3,222 2,761 3,222 3,220 10,883 1,5.42 C (211V1) 10.99 4,959 34,331 , 0i',,3114 142,685 166,509 166,444 637,083 5,064 "±'L4'o 1,.,11,0EI,'11i7\ "l It r;'''H, 11.10 0 I, t 0 t 'WIC BREASTFEEDING PEER COUNSELING (21W2) :.1" a ;,l 1 N.: I5:F'd, 15111 11111! , 11'1 1.;•1: , 5'I FAMILY PLANNING (223) 8.71 ..311 I•,, !,. 1:'-; ,.' ,•17.114, 1- 17.: _ ',t.,1 .,1..11 .,,r IMPROVED PREGNANCY OUTCOME (225) HEALTHY START PRENATAL (227) ' it; 136 . , I' "1 COMPREHENSIVE CHILD HEALTH (229) I0 [,., .1 417E 141 ::!, ;+ to, -- L41:1.13,1` 349,754 ::103.3; 7 : 011,. J !-.: HEALTHY START CHILD (231) I, IIII i 1 11 1 (' f SCHOOL HEALTH (234) r, 1r 774 1,-,h:,', 1, :9 ;r: .,,.554 177)01'c 'cur COMPR.EHENSIVEADULT HEALTH (237) ' 3'3, 4,_'I5 '1,,'0;5 .-4,,h_ :1 175 "11 I'4),, 4'r . =1',, IL I, . , t; ."l COMMUNITY HEALTH DEVELOPMENT (238) (, '.1 0 0 7,978 6,837 7,978 7,975 30,574 194 30,766 DENTAL :-HEALTH (240) 10.89 2,850 6,389 223,851 191,823 223,851 223,764 303,776 559,513 863,289 PRIMARY CARE SUBTOTAL 81.37 18,331 228,801 1,488,773 1,275,763 1,488,773 1,488,196 1,947,078 3,794,427 5,741,505 C. ENVERONMENTAL HEALTH: Water and Onsite Sewage Programa COSTAL BEACH MONITORING (347) 0.14 63 63 5,188 4,446 5,188 5,187 14,702 5,307 20,009 LIMITED USE PUBLIC WATER SYSTEMS (357) 0.27 67 509 4,869 4,172 4,869 4,866 3,879 14,897 18,776 PUBLIC WATERSYSI'EM (358) 0.07 1 104 1,189 1,019 1,189 1,187 0 4,584 4,584 PRIVATE WATER SYSTEM (359) 1.09 48 1,310 20,981 17,979 20,981 20,978 705 80,209 80,914 ONSITE SEWAGE TREATMENT & DISPOSAL (361) 6.03 1,552 6,059 100,763 86,346 100,763 100,726 239,156 149,442 388,598 'oupTota1 7.60 1,731 8,045 132,990 113,962 132,990 132,939 258,442 254,439 512,881 ',war Facility Programs TATTOO FACILITY SERVICES (344) 0.09 0 37 1,679 1,439 1,679 1,679 3,225 3,251 6,476 129 Page 1 of 2 ATT`3a ENblai SI#Eli 00"6.ifrinitSALM PXPARIMPasrr 'Pest 33. P3l}aned stiffing. aim*, ser+tc a end�gpenditaree Sy Pvram. Service Area Within Each Level. of Service Oatober 1, IOU to September 80. 20iii` • • Quarterly Expenditure Ran FTE'a Clients Serviaee/ }st . .,2nd Srd . 4th L'rkri; 40.0) TJnite ' Vieite CWbnie do13ere Cady) Stats ' Varintg .. Ural 0.62 94 441 9,461 8,107 9,461 9,467 19,954 16,532 36,489 0.05 20 30 490 420 490 491 270 1,621 1,891 0.14 70 119 2,414 2,068 2,414 2,412 0 9,308 9,308 0.03 9 14 736 631 736 736 0 2,899 2,839 0.06 0 19 1,137 9751,137 1,137 11B 4,268 4,386 0.14 61 131 2,369 2,030 2,369 2,3699,134 3 9.137 15,825 5 0.88 351 976 16,832 13,567 15,832 4,235 6,821 61,056 0.60 385 407 10,586 9,072 10,586 10,682 27,962 12,874 40,826 0.01 6 16 254 217 254 253 978 0 978 2.52 980 2,189 44,958 38,626 44,958 44,941 115,866 57,517 173,383 FOOD HYGIENE (348) BODY PIERCING FACILITIES SERVICES (349) GROUP CARE FACILITY (351) MIGRANT LABOR CAMP (352) HOUSING & PUB. BLDG. (353) MOBILE HOME AND PARI{ (354) POOLS/BATI-IING PLACES (360) BIOMEDICAL WASTE SERVICES (364) TANNING FACILITY SERVICES (369) Group Total Groundwater Contamination STORAGE TANK COMPLIANCE SERVICES (356) 0.01 0 0 1,424 1,221 1,429 1,424 0 5,493 5,493 SUPER ACT SERVICES (356) 0.14 32 60 2,358 2,020 2,358 2,356 2,450 6,642 9,082 Group Total 0.15 32 60 3,782 3,241 3,782 3,780 2,450 12,136 14,586 Community Hygiene COMMUNITY ENVIR HEALTH (346) 0.24 0 673 3,502 3,001 3,602 3,499 0 13.504 13,504 IL'RY PREVENTION (346) 0.00 0 0 0 0 0 0 0 0 0 I EAD MONITORING SERVICES (350) 0.00 0 0 2 2 2 I0 7 PUBLIC SEWAGE (362) 0.10 4 64 1,577 1,352 1,577 1,677 0 [ n-.5 e,.i_y SOLID WASTE DISPOSAL SERVICE (363) 0.01 0 0 203 174 203 203 0 n' SAN:TARY NUISANCE (365) 0,10 6 16 1,776 1,522 1,776 1,775 0 I, '. 15 RABIES SURVEILLANCE (386) 0.26 41 113 4,744 4,066 4,744 4,743 0 18,297 ARBORVIRUS SURVEIL. (367) 0.00 0 0 154 132 164 154 0 ff RODENT/ARTHROPOD CONTROL (368) 0.01 0 3 140 120 140 141 0 543. WATER POLLUTION (370) 0.25 0 142 4,843 4,150 4,843 ..' 12 0 ,i INDOOR AIR (371) 0.10 0 24 1,780 1,525 1,780 177F. i dl' RADIOLOGJCAL HEALTH (372) 0.00 0 0 0 0 0 0 0 0 0 TOXIC SUBSTANCES (373) 0.24 1 15 4,241 3,6354,241 4,240 0 16,357 16,357 Group Total 1.31 62 1,050 22,962 19,679 22,962 22,954 6,447 82,110 88,557 ENVIRONMENTAL HBALTHSUBTOTAL 11.58 2,795 11,344 204,692 175,408 204,692 204,614 383,205 406,201 789.406 D. NONOPERATIONAL COSTS: SPECIAL CONTRACTS (599) 1.25 0 0 24,532 21,022 24,632 24,524 20,501 74,109 94,610 ENVIRONMENTAL HEALTH SURCHARGE (399) 0.00 0 0 6,905 5,917 6,905 6,901 26,628 0 26,628 MEDICAID BUYBACK (610 0.00 0 0 0 0 0 0 0 0 0 NON -OPERATIONAL COSTS SUBTOTAL 1.25 0 0 31,437 26,939 31,437 31,425 47,129 74,109 121,238 TOTALCONTRACP 116.86 34,282 287,769 2,120,241 1,816,885 2,120,241 2,119,421 3,416,879 4,759,909 8,176,788 130 Page 2 oft ATTACHMENT III INDIAN RIVER COUNTY HEALTH DEPARTMENT CIVIL RIGHTS CERTIFICATE The applicant provides this assurance in consideration of and for the purpose of obtaining federal grants, loans, contracts (except contracts of insurance or guaranty), property, discounts, or other federal financial assistance to programs or activities receiving or benefiting from federal financial assistance. The provider agrees to complete the Civil Rights Compliance Questionnaire, DH Forms 946 A and B (or the subsequent replacement if adopted during the contract period), if so requested by the department. The applicant assures that it will comply with: 1. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C., 2000 Et seq., which prohibits discrimination on the basis of race, color or national origin in programs and activities receiving or benefiting from federal financial assistance. 2. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap in programs and activities receiving or benefiting from federal financial assistance. 3. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in education programs and activities receiving or benefiting from federal financial assistance. 4. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits discrimination on the basis of age in programs or activities receiving or benefiting from federal financial assistance. 5. The Omnibus Budget Reconciliation Act of 1981, P.L. 97-35, which prohibits discrimination on the basis of sex and religion in programs and activities receiving or benefiting from federal financial assistance. 6. AD regulations, guidelines and standards lawfully adopted under the above statutes. The applicant agrees that compliance with this assurance constitutes a condition of continued receipt of or benefit from federal financial assistance, and that it is binding upon the applicant, its successors, transferees, and assignees for the period during which such assistance is provided. The applicant further assures that all contracts, subcontractors, subgrantees or others with whom it arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of the above statutes, regulations, guidelines, and standards. In the event of failure to comply, the applicant understands that the grantor may, at its discretion, seek a court order requiring compliance with the terms of this assurance or seek other appropriate judicial or administrative relief, to include assistance being terminated and further assistance being denied. 131 ATTACHMENT IV INDIAN RIVER COUNTY HEALTH DEPARTMENT FACILITIES UTILIZED BY THE COUNTY HEALTH DEPARTMENT Facility Description Clinic, Dental, Vital Statistics, Environmental Health, WIC, Administrative Headquarters 36,475 sq. ft. Gifford Health Center 10,642 sq ft Location 1900 27th Street Vero Beach, FL 32960-3383 4675 28th Court Vero Beach, FL 32967-1330 Owned By County of Indian River Indian River County Hospital District Co -Located Site: WIC 21 South Cypress Street City Of Fellsmere Fellsmere, FL 32948-6714 132 ATTACHMENT V INDIAN RIVER COUNTY HEALTH DEPARTMENT SPECIAL PROJECTS SAVINGS PLAN CASH RESERVED OR ANTICIPATED TO BE RESERVED FOR PROJECTS CONTRACT YEAR STATE COUNTY TOTAL 2013-2014* $ $ $ 2014-2015`* $ $ $ 2015-2016**` $ $ $ 2016-2017*** $ $ $ PROJECT TOTAL $ $ $ SPECIAL PROJECT CONSTRUCTION/RENOVATION PLAN PROJECT NUMBER: NIA PROJECT NAME: LOCATION/ ADDRESS: PROJECT TYPE: NEW BUILDING ROOFING RENOVATION PLANNING STUDY NEW ADDITION OTHER SQUARE FOOTAGE: PROJECT SUMMARY: Describe scope of work in reasonable detail. START DATE (initial expenditure of funds) : COMPLETION DATE: DESIGN FEES: $ CONSTRUCTION COSTS: $ FURNITURE/EQUIPMENT $ TOTAL PROJECT COST: $ COST PER SQ FOOT: $ #DIVIO! Special Capital Projects are new construction or renovation projects and new furniture or equipment associated with these projects and mobile health vans. *Cash balance as of 9/30/14. "Cash to be transferred to FCO account. ***Cash anticipated for future contract years. 133 CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: August 28, 2014 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Joseph A. Baird, County Administrator Jason E. Brown, Budget Director FROM: Jennifer Hyde, Purchasing Manag SUBJECT: Approval of Award for Annual Bid 2015003 — Annual Bid to Furnish and Deliver Polymer BACKGROUND: The Department of Utility Services requested the solicitation of annual bids for the purchase and delivery of Polymer to its wastewater treatment facilities. Polymer assists in settlement of suspended solids and enable the dewatering of waste sludge prior to being hauled to the Biosolids Facility for further treatment. The term of this annual bid is October 1, 2014 through September 30, 2015, with the option for two additional one-year renewals. BID RESULTS: Bid Opening Date: August 19, 2014 Advertising Date: July 28, 2014 Demandstar Broadcast to: 123 Subscribers Specifications/Plans Downloaded by: 21 Vendors Replies: 1 Vendor Bidder Location Price per Gallon Annual Price Polydyne, Inc. Riceboro, GA $9.374 $37,496 ANALYSIS: Polydyne was awarded the previous annual bid and has performed satisfactorily. The Utilities Department anticipates the total usage of 4,000 gallons of Polymer among the three wastewater treatment facilities for the upcoming year. This is the same as the quantity for FY 2013/14. The price per gallon for FY 13/14 was $9.632 and estimated annual price was $45,808. The new bid represents an 18% decrease in the annual price. SOURCE OF FUNDS: Funding in the amount of $37,496 is allocated in the Wastewater Treatment Chemicals Account. 13A2014-2015 FY (2015000)12015003 - Parma) Furaish and Deliver Polymer\ Annual Agenda - 2015003.doc 134 CONSENT AGENDA Account Number Account Description FY 14/15 Proposed Budget 47121836-035230 Wastewater Treatment Chemicals $37,496 RECOMMENDATION: Staff recommends awarding the bid as follows: • Award to Polydyne, Inc, of Rieboro, GA as the lowest responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid. • Authorize the Purchasing Division to issue blanket purchase orders for the period of October 1, 2014 through September 30, 2015 to the recommended bidder and Authorize the Purchasing Manager to renew this bid for two (2) additional one (1) year periods subject to satisfactory performance, vendor acceptance, and the determination that renewal of this annual bid is in the best interest of Indian River County. APPROVED AGENDA ITEM BY: FOR kcavd oseph AI. Baird, County Administrator 8.12014-2015 FY (2015000)\2015003 - Annual Fumish and Deliver Folymer\Annunl Agenda - 2015003 doc Indian River Co -d Date Admin 7 f Legal• AIin Budget + 'r �' Department '/ s f Risk ,4lider.: XSi V 135 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION CONSENT AGENDA Ei\( DATE: August 27, 2014 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Joseph A. Baird, County Administrator Jason E. Brown, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Approval of Award for Annual Bid 2015009 — Annual Bid for Cleaning Services at Utilities Ops Center BACKGROUND: The Department of Utility Services requested the solicitation of annual bids for Cleaning Services at the Utility Operations Center, for the period October 1, 2014 through September 30, 2015, with the option for two additional one-year renewals. BID RESULTS: Bid Opening Date: August 5, 2014 Advertising Date: July 14, 2014 Demandstar Broadcast to: 205 Subscribers Specifications/Plans Downloaded by: 29 Vendors Replies: 5 Vendors Bidder Location Monthly Bid Annual Price All N Professional Services, Inc. Miami $950.00 $11,400.00 Morivalous Cleaning, Inc. Fort Pierce $1,006.25 $12,075.00 Coverall of Palm Beach West Palm Beach $1,040.00 $12,480.00 CER Signature Cleaning Vero Beach $1,052.75 $12,633.00 JMC Services, Inc. Winter Garden $1,138.52 $13,662.24 CBM Services Vero Beach $1,150.00 $13,800.00 K's Commercial Cleaning Port St. Lucie $1,198.00 $14,376.00 Heveron Group DBA Beachland Cleaning Vero Beach $1,395.00 $16,740.00 ANALYSIS: This annual bid was last awarded in 2013, however the awarded bidder failed to perform, leading the Department to request the new bid and obtain quotes for interim service. The new bid represents an approximate 7.8% increase over the anticipated expenditures for FY 13/14 of B \2014-2015 FY (2015000)1201 5 000 - Annual Cleaning Servnces at Ops Cents Annual Agenda - 2015009.doc 136 CONSENT AGENDA $10,574.01. The total annual increase from the current to the upcoming FY is $825.99. Prior to the 2013 award, annual expenditures for FY 12/13 were $12,351.12. Purchasing staff obtained performance references for the low bidder and provided them to the Utilities Department for consideration, along with the submitted bids. SOURCE OF FUNDS: Funding in the amount of $11,400 is allocated in the Wastewater Collection and Water Distribution Other Professional Services Accounts. Account Number Account Description FY 14/15 Proposed Budget 47126836-033190 Wastewater Collection — Other Professional Services $5,700 47126936-033190 Water Distribution — Other Professional Services $5,700 RECOMMENDATION: Staff recommends awarding the bid as follows: • Award to All N Professional Services, Inc. of Miami as the lowest responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid. • Authorize the Purchasing Division to issue blanket purchase orders for the period of October 1, 2014 through September 30, 2015 to the recommended bidder and • Authorize the Purchasing Manager to renew this bid for two (2) additional one (1) year periods subject to satisfactory performance, vendor acceptance, and the determination that renewal of this annual bid is in the best interest of Indian River County. APPROVED AGENDA ITEM BY: FO I Q i [J./ ' `ue 42 seph Baird, County Administrator 13 12014-2015 FY (2015000)42415009 - Annual Cleaning Services at Ops CcnterlAnnuaI Agenda • 2015009.doc Indian River Co Appr.11a-�d Date Admin !I' 17-i//1Legal �!//i<! [`74 if Budget !�' Department trs0 q 2 /1 Risk.iii _ Pg '21r- ir/ 137 CONSENT AGENDA INDIAN RIVER COUNTY ? 0 OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: August 27, 2014 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Joseph A. Baird, County Administrato Jason E. Brown, Budget Director FROM: Jennifer Hyde, Purchasing Manage SUBJECT: Approval of Award for Bid 2014047 — Replacement of Roofs at Fire Stations #10 and #11 BACKGROUND: Emergency Services requested the solicitation of bids for the replacement of leaking roofs at Stations #10 (Fellsmere) and #11 (Wabasso). Several attempts at repairs at both stations have been undertaken with no success. The roof at Station 10 is a flat roof, with additions last made in 1995 when the facility was expanded. Station 11 has a tile roof, which requires higher costs to repair. Replacement of both roofs has been determined to be the most efficient means to eliminate the leaks. The tile roof at Station 11 is to be replaced with a shingled roof. BID RESULTS: Bid Opening Date: August 13, 2014 Advertising Date: July 21, 2014 Demandstar Broadcast to: 281 Subscribers Specifications/Plans Downloaded by: 30 Vendors Replies: 5 Vendors Bidder . Location Base Bid — Station 10 Base Bid —Station 11 Collis Roofing Longwood DQ DQ Dato Construction, Inc. Vero Beach no bid $35,639.37 Crawford Roofing, Inc. Chickasha, OK $46,495.00 $66,820.00 The Roof Authority, Inc. Fort Pierce $30,970.00 $41,147.00 Vero Beach Roofing, Inc. Vero Beach $42,500.00 $40,500.00 Collis Roofing disqualified for failure to provide Disclosure of Relationships Form. SOURCE OF FUNDS: Funding in the amount of $66,609.37 is available in the Fire Rescue — Maintenance Other Buildings Account. B:12013-2014 FY (2014000)4014047 Fire Stations 4t10 and Hl 1 RoofReplacement.\Agenda-2014047.doc 138 CONSENT AGENDA Account Number Account Description 11412022-034610 Building Maintenance Budget Amount $66,609.37 RECOMMENDATION: Staff recommends the Board approve award to the lowest responsive and responsible bidder for each Station, as follows: Station #10 - The Roof Authority, Inc. of Fort Pierce, for $30,970.00 Station #11 - Dato Construction, Inc. of Vero Beach for $35,639.37 Staff further recommends the Board approve the attached agreement and authorize the Chairman to execute it with each firm upon review and approval by the County Attorney as to form and legal sufficiency. Each agreement will be presented to the Chairman after Risk Management has approved the contractor's insurance. ATTACHMENTS: Agreement APPROVED AGENDA ITEM BY: /.1 FOR. seph A F� Baird, County Administrator )41;x,1 9 moi,/ R-'2013-2014 FY (2014000)12014047 Fire Stations #10 and #11 Roof Replacement Mg nda-2D14047.doc Indian Riv Co Ap•roved Date Admin IK' ."• 9 ,(I Legal Cm�ln Budge IMIIari%aiRs Department •I! I F-,TrI� �* Risk r!TWAIT_ 139 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: Replacement of Roofs at Stations #10 or #11 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: Replacement of Roofs at Stations #10 and #11 Bid Number: 2014047 Project Address: Station #10 and/or Station #11 62 N. Broadway 2555 93rd Street Fellsmere, FL 32948 Wabasso, FL 32967 ARTICLE 3 — TERM AND CONTRACT TIMES 3.01 Term: This Agreement shall remain in effect for a term of one (1) year, unless otherwise sooner terminated by mutual consent of the parties. 3.02 Time of Completion: Project shall be completed, to include approval by the Building Division days from receipt of the Notice to Proceed. ARTICLE 4 - CONTRACT PRICE 4.01 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 4.01.A and summarized in paragraph 4.01.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: $ 140 Written Amount: ARTICLE 5 - COMPENSATION 5.01 Owner shall make only one payment for the entire amount of the contract when the work has been completed. Payment may be requested per Station, should work at one be completed and approved by the Building Division prior to completion at the second. Upon a determination of satisfactory completion, the COUNTY Project Manager will authorize payment to be made. All payments for services shall be made to the CONTRACTOR by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). ARTICLE 6 — INSURANCE AND INDEMNIFICATION 6.01 The CONTRACTOR shall not commence work on this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the COUNTY's Risk Manager. 6.02 CONTRACTOR shall procure and maintain, for the duration of this Agreement, the minimum insurance coverage as set forth herein. The cost of such insurance shall be included in the CONTRACTOR's fee: A. Workers' Compensation: To meet statutory limits in compliance with the Workers' Compensation Law of Florida. This policy must include employers' liability with a limit $1,000,000 for each accident, $500,000 disease policy limit and $100,000 disease each employee. Such policy shall include a waiver of subrogation as against Owner on account of injury sustained by an employee(s) of the CONTRACTOR. B. General Liability: A per occurrence form policy, including Premise Operations, Independent Contractors, Products and Completed Operations including X, C, U (Explosion, Collapse, Underground) Broad Form Property Damage, Broad Form Property Damage Endorsement, with a combined single limit of not less than $1,000,000 general aggregate to include products/completed operations, personal injury/advertising liability, fire damage /legal liability, and medical payments. Limits can be layered with an Excess Liability Policy (Umbrella). C. Business Automobile Liability: Coverage shall include Owned vehicles and Hired/Non-Owned vehicles, for a combined single limit (bodily injury and property damage) of not less than $1,000,000/combined single limit (Bodily Injury/Property Damage); personal injury protection - - statutory limits; $100,000 uninsured/underinsured motorist; $100,000/hired/non-owned auto liability. Limits can be layered with Excess Liability Policy (Umbrella). D. Builder's Risk Insurance: The contractor shall procure and maintain builder's risk insurance ("all risk") with limits equal to one hundred percent (100%) of the completed value of the structure(s), building(s), or addition(s). It shall include a Waiver of Occupancy Endorsement to enable the County to contract calls for the installation of machinery or equipment, the policy must be endorsed to provide coverage during transit and installation. The maximum deductible allowable under this coverage is $500.00 per claim. (If applicable) 6.03 Contractor's insurance coverage shall be primary. 141 6.04 All required insurance policies shall be placed with insurers licensed to do business in Florida and with a Best's rating of A -VII or better. 6.05 The insurance policies procured shall be occurrence forms, not claims made policies with the exception of professional liability. 6.06 A certificate of insurance shall be provided to the COUNTY's Risk Manager for review and approval, ten (10) days prior to commencement of any work under this Agreement. The COUNTY shall be named as an additional insured on all policies except workers' compensation and professional liability. 6.07 The insurance companies selected shall send written verification to the COUNTY's Risk Manager that they will provide 30 days prior written notice to the COUNTY's Risk Manager of its intent to cancel or modify any required policies of insurance. 6.08 CONTRACTOR shall include all Subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each Subcontractor. All coverages for Subcontractors shall be subject to all of the requirements stated herein. 6.09 The COUNTY, by and through its Risk Manager, reserves the right periodically to review any and all policies of insurance and to reasonably adjust the limits of coverage required hereunder, from time to time throughout the term of this Agreement. In such event, the COUNTY shall provide the CONTRACTOR with separate written notice of such adjusted limits and CONTRACTOR shall comply within thirty (30) days of receipt thereof. The failure by CONTRACTOR to provide such additional coverage shall constitute a default by CONTRACTOR and shall be grounds for termination of this Agreement by the COUNTY. 6.10 The CONTRACTOR shall indemnify and hold harmless the COUNTY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, arising out of or related to the negligence, recklessness, or intentionally wrongful conduct of the CONTRACTOR and other persons employed or utilized by the CONTRACTOR in the performance of this Agreement. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 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. 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 142 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 8 - CONTRACT DOCUMENTS 8.01 The Contract Documents consist of the following: A. This Agreement (pages 1 to , inclusive); B. Certificate of Liability Insurance C. Invitation to Bid 2014047 D. Addenda (numbers _ to _, inclusive); E. CONTRACTOR'S Bid Form (pages_ to _ of _, inclusive); F. Bid Bond (pages _ inclusive); G. Affidavit of Compliance (page _ of _ ); H. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages _ to _, inclusive); 143 ARTICLE 9 - MISCELLANEOUS 9.01 Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the CONTRACTOR or employees or Subcontractors of the Contractor are in no way to be considered employees of the COUNTY, but are independent contractors performing solely under the terms of the Agreement and not otherwise. 9.02 Invitation to Bid. IT is specifically understood and acknowledged by the parties hereto that all of the requirements set forth in the Invitation to Bid dated July 21, 2014 (including addenda _ through _) shall be incorporated herein. 9.03 Merger; Modification. Except as set forth in Section 8.2 above, this Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the CONTRACTOR and the COUNTY. 9.04 Governing Law; Venue. This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.05 Remedies; No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. Each right, power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent delinquency or default. A party's waver of one or more defaults does not constitute a waiver of any other delinquency or default. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 9.06 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 9.07 Availability of Funds. The obligations of the COUNTY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 144 9.08 No Pledge of Credit. The CONTRACTOR shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. 9.09 Public Records. 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: A. Keep and maintain public records that ordinarily and necessarily would be required by the COUNTY in order to perform the service. B. 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. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. D Meet all requirements for retaining public records and transfer, at no cost, to the COUNTY all public records in possession of the CONTRACTOR 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. A. Failure of the CONTRACTR to comply with these requirements shall be a material breach of this Agreement. The CONTRACTOR shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement. 9.10 Notices. Any notice, request, demand, consent, approval, or other communication required or permitted by this Agreement shall be given or made in writing and shall be served, as elected by the party giving such notice, by any of the following methods: {a) Hand delivery to the other party; (b) Delivery by commercial overnight courier service; or (c) Mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown below: County: Indian River County Attn: Brian Burkeen, Assistant Chief 4225 43rd Avenue Vero Beach, FL 32967 (772) 226-3864 Facsimile: (772) 978-1820 Contractor: Notices shall be effective when received at the address as specified above. Facsimile transmission is acceptable notice effective when received, provided, however, that facsimile transmissions received (i.e., printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next day that is not a weekend day or a holiday. The original of the notice must additionally be mailed. Either party may change 145 its address, for the purposes of this section, by written notice to the other party given in accordance with the provisions of this section. 9.11 Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by CONTRACTOR shall survive the termination or expiration of this Agreement. 9.12 Construction. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such Sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the party or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement 9.13 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 9.14 Sovereign Immunity. Nothing in this Agreement is intended to, or shall be interpreted to, constitute a waiver or limitation of the COUNTY's sovereign immunity.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. 146 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 By: By: Joseph A. Baird, County Administrator Peter D. O'Bryan, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: I Dy an Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: Brian Burkeen Title: Assistant Chief Fire Rescue 4225 43rd Avenue Vero Beach, FL 32967 (772) 226-3864 Facsimile: (772) 978-1820 CONTRACTOR: By: (Contractor) (CORPORATE SEAL) Attest 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.) 147 CONSENT AGENDA INDIAN RIVER COUNTY, FLORIDA PUBLIC WORKS DEPARTMENT - TRAFFIC ENGINEERING DIVISION INTER -OFFICE MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E.gA,--,, Public Works Director FROM: Jeanne Bresett, Traffic Anal SUBJECT: Traffic Video Detection at Be'chland & Mockingbird : Board Approval For Trade -In and Purchase Of Two (2) Video Detection Cameras DATE: August 25, 2014 DESCRIPTION AND CONDITIONS In accordance with County Capital Asset Policies and Procedures, the Traffic Engineering Division seeks Board approval and authorization to trade-in two (2) traffic video detection cameras and purchase two (2) traffic video detection cameras. The cameras were damaged by lightning and have minimal salvage value. The new cameras are needed to maintain the County's traffic video detection system at the intersection of Beachland and Mockingbird. The cost of the replacement cameras is $2,250.00 and the trade-in value of the damaged cameras is $650.00, resulting in a net purchase price of $1,600. FUNDING Funding for the purchase will come from Risk Management Account- acct # 50224619-034530. ATTACHMENTS Office of Management & Budget Approved Disposal of Excess Property Memorandum F-\11tAFFTC MAYA\BCC AGENDA ITEMS - RESOLUTIONS1AGENDA 1TE[vLS11RADE-IN f[ERIS VIDEO DETECTION CAMERAS.SEFrEMBER 9 2014 DOC 148 Page 2 Consent Agenda Item For September 9, 2014 BCC Meeting Traffic Video Detection Cameras Trade -In and Replacement August 25, 2014 RECOMMENDATIONS Staff recommends that the Board approve the transaction and authorize staff to trade-in two (2) traffic video detection cameras and purchase two (2) new traffic video detection cameras. APPROVED AGENDA ITEM FOR: September 9, 2014 Indian River County A.. oved Date Administration !y 9 j Budget I iii +4 Legal M) J4 -JT/ Risk Management Public Works /"` V' " lsiG Traffic Engineering (wiy7-1 J ii F:\TRAFFIC\MAYA\BCC AGENDA ITEMS - RESOLUTIONS\AGENDA 1TEMS\TRADE-IN ITERIS VIDEO DETECTION CAMERAS.SEPTEMBER 9 2014,DOC 149 Nino, INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM TO: Raeanne Cone, Fixed Assets Management DATE: August 25, 2014 SUBJECT: Disposal of Excess Property FROM: Check One: Surplus Transfer Trade -In X Non -Capital Lost/Stolen Asset Number. N/A Fleet Number: N/A Asset Description: (2) Iteris Traffic Video Detection Comers Serial Number. Do you have possession of the asset? Yes X No If Lost/Missing has a police report been filed? Yes No If Yes, Please attach a copy of the police report. If No, state reason: Is the item functional? Yes No X Descripition of problems with item: NO LONGER OPERATES PROPERLY Reason why item is excess: STRUCK BY LIGHTENING Does OMB need to review the transfer? Yes No X (maintenance impact) Department transferred to: Contact Person: KENNY JORDAN Telephone Number. 772-226-3462 (The above contact information will aid Purchasing and Facilities Management in the process of equipment removal from departments) If asset will be replaced, please answer the following: Requisition or Purchase Order Number fo replacement: Approv I FAIr Sup- ' /Dept Personne Approval Approval Approval OMB Direc or / Assistant Director Controller Other Manager Approved for. Sur us Transfer Trade -In Disposition Recorded: Additional Comments: Date Replacement Received Replacement �9/iq D Date Date Date / Fixed Assets Department Dote It is the disposing department's responsibility to keep the item until Facilities Management can pick It up. DO NOT REMOVE PROPERTY FROM YOUR LOCATION WITHOUT PROPER AUTHORIZATION FOR DISPOSAL This form to be used for all property with or without an asset number assigned. Please attach a copy of this form securely to the item being disposed of. All other forms for transfer/disposal of property now obsolete. Revised: January 2010 150 woo"spaarMMMl:dog :a{isgaM woxsgakemsM:i}ew•e Important: Prices are valid for 30 days from the Quote Date on quantities only unless extended in writing. All terms are "net 30 days" unless otherwise fisted and negotiated with liens. -All Prices are FURNISH ONLY unless otherwise stated. Authorized Signature: W...Sttookess Wallace TRADE IN RZ4-WDR-PAK Pert Number Description t Qty I Unit 1 Unit Price I Extended Price f Lenny Zanca Izanca@ircgov.com Indian River Co Traffic Operations 4548 41st St Vero Beach, FL 32967 772.770.3473 fax 772-770-5299 Project: Indian River Co 2014 - Beachland t Mockingbird Shipping: Prepay & Add -FOB Shipping Point Trade In Upgrade - RZ3 & RZ4 Cameras - Limited to 1 trade-in for each new camera (must be returned to Iteris) Ileus Vantage COLOR Camera Assembly - Model CAM-RZ4 Wide Dynamic Range- Remote Zoom & Focus - EDCO Model RMCXI.08M - Video Coax Suppression ! BNC pig -tall cable N Is.) SUBTOTAL FREIGHT TAX TOTAL CD m COW N cn Ob l7 44 N U1 O EA If applicable Prepay & Add CR Y O Fn O O (A N O S N 0 A -► 0 Cit 0 a3 "Ft •••ro 0 CU w r n 9m0 NT 1°r v ON co0 0 A, NOIlVIOflb 1N3Wdff1b3 151 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONSENT TO: THROUGH: FROM: SUBJECT: Joseph A. Baird, County Administrator Christopher R. Mora, P.E., Public Works Director AND Christopher J. Kafer, Jr., P.E., County Engine David W. Schryver, P.S.M., County Surveyo Work Order No. 1 Final Pay and Release of Retainage Masteller, Moler, Reed & Taylor, Inc. Old Dixie Highway/Highlands Drive Indian River County Project No. 1362 DATE: August 27, 2014 DESCRIPTION AND CONDITIONS On October 1, 2013, the Indian River County Board of County Commissioners approved the Professional Service Agreement for Annual Land Surveying and Mapping Services Contract 1333 with Masteller, Moler, Reed & Taylor, Inc. On May 20, 2014 the Board of County Commissioners approved Work Order No. 1 with Masteller, Moler, Reed & Taylor, Inc., to perform all related field and office surveying and mapping services in connection with the right-of-way and topographic mapping of the intersection of Old Dixie Highway/Highlands Drive fora lump sum fee of $19,765.00. Masteller, Moler, Reed & Taylor, Inc. has been paid $16,009.65 to date with $1,778.85 held in retainage. The project is complete and Masteller, Moler, Reed & Taylor, Inc. has submitted revised Invoice No. 4005-13023 Final, dated August 25, 2014 in the amount of $3,755.35 for final payment and release of retainage. FUNDING Funding for this project is budgeted and available through the Secondary Roads Gas Tax, Account No. 10921441-033490-05007 — Annual Survey Services in the amount of $3,755.35. F:1Public Works\ENGINEERING DIVISION PROJECTS\1362-Old Dixie Hwy_Highland Dr1Admin1agenda items11362 BCC Agenda req MMRT WO1 final pay and release retainage 08-27-14.doc 152 Page Two Final Payment WO No. 1 Masteller, Moler, Reed & Taylor, Inc. For BCC Agenda September 9, 2014 RECOMMENDATION Staff recommends payment of Masteller, Moler, Reed & Taylor, Inc. revised Invoice No. 4005-13023, dated August 25, 2014 in the amount of $3,755.35 for final payment and release of retainage for Work Order No. 1. ATTACHMENTS Masteller, Maier, Reed & Taylor, Inc., revised Invoice No. 4005-13023 Final, dated 08-25-14 DISTRIBUTION Masteller, Moler, Reed & Taylor, Inc. APPROVED AGENDA ITEM FOR: September 9, 2014 �� BY:ft �. _ i 014J2t Indian River County App. d Date Administrator �'/.9/�. Budget ' P 7'f' Legal .4• $= -t PublicWorks '� r FI< Engineering G 5'27-1 E:\Public Works\ENGINEERING DIVISION PROJECTS\1362-01d Dixie Hwy Highland DrWdmin\agenda items11362 BCC Agenda req MMRT W01 final pay and release retainage 08-27-14.doc 153 '-'--: :' Masfeller, Moler, Reed & Taylor, Inc. 1655 27th Street, Suite 2 Vero Beach, FL 32960 Phone: 772-564-8050 ax: 772-794-0647 1: dt5243@bellsouth.net REcE IVFf1 AUG 26 2014 EN IAN RIVER CO RING DIVISION Invoice (Revised 8/25114) To: Indian River County Mr. David Schryver 1801 27th Street, Building A Vero Beach, FL 32960 Job Description: Invoice #: 4005-13023 Date: 8/18/2014 Project ID: 6832 Terms: Net 30 Days Professional surveying services rendered for the Old Dixie Highway/Highlands Drive Right -of -Way & Topographic Survey, Indian River County Project #1362, Work Order #1 pursuant Professional Services Agreement Annual Surveying & Mapping/GIS Services Contract No.1333 2013-2014. Contract Amount: $19,765.00 @ 100 % Complete $19,765.00 (Less Previous Invoices @ 90% Complete) ($17.788.50) $ 1,976.50 Retainage held to date $ 1,778.85 Total Amount Due $ 3,755.35 Make Checks Payable to Masteller, Moler, Reed & Taylor, Inc. Please remit a copp of this invoice with your payment. APPROVED BY THE INDIAN RIVER Thank You! COUNTY SURVEYOR DATE: oI -1/ I d - INITIAL: T +JS Please Note: No final documents or drawings will be released without payment in full. All payments are due upon receipt. All accounts past 30 days will be subject to 2% monthly interest and a $25 administrative service fee will also be charged for each monthly Statement of Account issued after the work is completed or suspended by either party. Accounts past 45 days will be subject to lien, unless other arrangements were made at time Contract was signed. (See Contract Standard Conditions) 154 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director FROM: Christopher J. Kafer, Jr., P.E., County Engine SUBJECT: Change Order No. 2 and Release of Retainag Indian River Boulevard Resurfacing (US 1/SR-5 to 17th Street/SR-656) IRC Project No. 1302 FOOT SCOP FM No. 433067-1-58-01 DATE: August 18, 2014 DESCRIPTION AND CONDITIONS On February 4, 2014, the Indian River County Board of Commissioners awarded Bid No. 2014009 to Ranger Construction Industries, Inc. to resurface the northbound and southbound lanes of Indian River Boulevard from US 1/SR-5 to 17th Street/SR-656 in the amount of $686,074.50 which included Change Order No. 1. This is a F.D.O.T. Small County Outreach Program (SCOP) funded project, FM No. 433067-1-58-01. The SCOP Grant provides funding of 75% of the cost of the project, including construction engineering inspection (CEI) services. The County funds 25% of the project cost. Change Order No. 2 is to make final adjustments to bid line items to decrease the total contract price by $115,646.33 for a final contract price of $570,428.17. Per FDOT Amendment No. 1, Ranger Construction, Inc. completed the bridge deck expansion joints, adding 45 days to the contract time. Ranger Construction Industries, Inc. has been paid $513,385.35 to date, with $57,042.82 held in retainage. Ranger Construction Industries, Inc. has completed the project and submitted Pay Application No. 3 FINAL in the amount of $57,042.82 for release of retainage. FUNDING Payment for Ranger Construction Industries, Inc. Pay Application No. 3 FINAL is budgeted and available from Account No. 109-206000-13815 Indian River Boulevard Resurfacing Retainage in the amount of $57,042.82. 155 F:\Public WorksIENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing (SCOP) USI to 17th StMAdmim\agenda items\BCC Agenda Change Order No. 2 Release Retainage 09.09-2014.doc Page 2 Indian River Boulevard Resurfacing (US1/SR-5 to 17th Street/SR-656) Christopher J. Kafer Jr., P.E., County Engineer For September 9, 2014 BCC Meeting RECOMMENDATION Staff recommends approval of Change Order No. 2 to Ranger Construction Industries, Inc., decreasing the contract total to $570,428.17 and of Ranger Construction Industries, Inc. Pay Application No. 3 FINAL in the amount of $57,042.82 for release of retainage. ATTACHMENTS 1. Change Order No. 2 2. Description of Itemized Changes 3. Ranger Construction Industries, Inc. Application for Payment No. 3 FINAL DISTRIBUTION 1. Terry Cook, Road & Bridge Superintendent 2. Ranger Construction Industries, Inc. APPROVED AGENDA ITEM FOR September 9, 2014 Indian River County Appr. d Date Administration �►l �S 97f f,/ Budget gi/244 Legal ..; Q t Public Works 0• /�/ Engineering It' /y/ F:1Public Works\ENGINEERtNG DIVISION PROJECTS11302-1R Blvd Resurfacing (SCOP) USI to 17th StlAdmim\agenda items\BCC Agenda Change Order No. 2 Release Retainage 09-09-2014.doc r 156 SECTION 00942 - Change Order Form No. 2 DATE OF ISSUANCE: 09/09/2014 EFFECTIVE DATE:09/09/2014 OWNER: Indian River County CONTRACTOR Ranger Construction Industries, Inc. Bid No. 2014009 Project: Indian River Boulevard Resurfacing (US 1 to 17th Street) OWNER's Project No. 1302 Engineer: Indian River County You are directed to make the following changes in the Contract Documents: Reason for Change Order: To make final adjustments to bid line items for final payment. Attachments: (List documents supporting change) Description of Itemized Changes CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $716.499.50 75 days/June 1, 2014 Net Decrease from previous Change Orders No. 1: $30.425.00 Contract Time prior to this Change Order Substantial Completion: Final Completion: Contract Price prior to this Change Order: $686,074.50 Net increase (decrease) this Change Order: Substantial Completion: Final Completion: Net Decrease of this Change Order: $115,646.33 (days/dates) 105 days/July 1, 2014 Contract Price with all approved Change Orders: $570,428.17 ACCEPTED: By CHANGE IN CONTRACT TIMES Description Time Original Contract Time: Substantial Completion: Final Completion: (days/dates) 60 days/May 16, 2014 75 days/June 1, 2014 Net change from previous Change Orders No.1: Substantial Completion: Final Completion: (days) 0 0 Contract Time prior to this Change Order Substantial Completion: Final Completion: (days/dates) 60 days/May 16, 2014 75 days/June 1 2014 Net increase (decrease) this Change Order: Substantial Completion: Final Completion: (days or dates) 45 45 Contract Time with all approved Change Orders: Substantial Completion: Final Completion: (days/dates) 105 days/July 1, 2014 120 days/July 17, 2014 Date:'- APPROVED: By: OWNER (Signature) Date: 00942 - Change Order No. 2 09-09-2014 00942 -1 F:1PubIIc Works\ENGtNEERING DIVISION PROJECTS11302-IR Blvd Resurfacing (SCOP) US1 to 17th SRAdmim\Change Orders \00942 - Change Order No. 2 09-09- 2014.doc Rev. 05!01 157 Change Order No 2 INDIAN RIVER BOULEVARD RESURFACING (US 1 TO 17TH STREET) DESCRIPTION OF ITEMIZED CHANGES Item No. Description of Change Quantity Unit Unit Price Price Increase Price Decrease IRC Project No. 1302 INDIAN RIVER BOULEVARD RESURFACING 220-70 REGRADE & COMPACT SHOULDER (INCLUDING EXISTING BASE UNDER PAVED SHOULDER) 21,587 SY 1.3D $28,063.10 327-70-1 MILLING EXISTING ASPHALT PAVEMENT 1" DEPTH 6,612 SY 125 58,265.00 334-1-13 SUPERPAVE ASPHALTIC CONCRETE 1" SP -9.5 6,612 SY 5.00 533 060.00 570-1-2A PERFORMANCE TURF - SODDING (BAHIA) 5,995 SY 1.75 $10,491 25 570-1-2B PERFORMANCE TURF - SODDING (FLORATAM) 7,195 SY 2.75 519,78625 706-3A RPM (BI-DIRECTIONAL (AMBER/AMBER)) 59 EA 4.20 $247.80 705-38 RPM (BI-DIRECTIONAL (WHITE/RED)) 13 EA 3.25 $42.25 711-11-160 THERMOPLASTIC, PAVEMENT MESSAGE ("ONLY") 6 EA 136.00 $816.00 711-11-170B THERMOPLASTIC, STANDARD, WHITE, ARROW (STRAIGHT OR RIGHT & MERGE) 7 EA 59.80 $418.60 REPLACE EXPANSION JOINTS BACKER ROD 1 LS 25,543.92 $25,543.92 FORCE ACCOUNT 1 LS 40,000.00 540,000.00 SUBTOTALS $25,543.92 $141,190.25 TOTAL CHANGE ORDER # 2 -$115,646.33 Change Order Farm No 2 for BCC 5/94014 Page 1 158 SECTION 00622 - Contractor's Application for Payment Indian River Boulevard Resurfacing (US 1 to 17th Street) Application for Payment No. 3 Final For Work Accomplished through the period of 8/01/2014 through 08/31/2014 To: Indian River County (OWNER) From: Ranger Construction Industries, Inc. (CONTRACTOR) Bid No.: 2014009 Project No.: 1302 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): 100% of completed Work: 0% of retainage: Total Retainage: 6. Total completed and stored to date less retainage (4 minus 5): 7. Less previous Application for Payments: 8. DUE THIS APPLICATION (6 MINUS 7): $716,499.50 $(146,071.33 $570,428..17 $570,428.17 $570,428.17 0 $570,428.17 $513,385.35 $57,042.82 CONTRACTOR'S CERTIFICATION: UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that (1) the labor and materials listed on this request for payment have been used in the construction of this Work; (2) payment received from the last pay request has been used to make payments to all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, below; (3) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (4) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective; and (5) If this Periodic Estimate is for a Final Payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full, and that all taxes imposed by Chapter 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and discharged, and that I have no claims against the OWNER. Attached to or submitted with this form are: 1. Signed release of lien forms (partial or final as applicable) from all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, together with an explanation as to why any release of lien form is not included; 2. Updated Construction Schedule per Specification Section 01310, and 00622 - Contractor's Application for Payment FINAL 00622 -1 F:1Public Works\ENGINEERING DIVISION PROJECTS%1302-IR Blvd Resurfacing (SCOP) US1 to 17th StlAdmim100622 - Contractors Application for Payment FfNAL.doc Rev. 05/01 Page 2 of 6 159 11 t1 Dated Qvgtks\ , ao) t-( B STATE OF FLORIDA COUNTY OF miampfttv-pj Before me a Votary Public, duly commissioned, qualified, and acting, personally appeared • \-o f�, who being by me first duly sworn upon oath, says that J/she is the cst \1�StSt -vit of the CONTRACTOR mentioned above and that he has been duly authorized to act on behalf of it, and. that( to she executed the above Contractor's Application for Payment and Contractor's Certification statement on behalf of said CONTRACTOR; and that all of the statements contained herein are true, correct, and complete. Subscribed and sworn to before me this day of tv,sq 1i5- , 20 \4. • 5 cc�� 1 S'o� ] (� J is ersonally known to me as idents ation- (CO RAC • R -- must be signed by an Officer of the Corporation) jt • S( o,6) e� / U � cEa � Q..Q5,C Print Name and Title >`v,c3 L. $q�Po�< (SEAL) �; issrry ;3% w • 2; 19, F%o .• r 00.6.0 3EE 154184a • Qq9.1;(9:41;;(61; I.S71:11jr) gt7i;k()::".4z: NOTARY PUBLIC: Printed name: or has produced Commission No.: E� 15y r Commission Expiration: IL) ***YU*Yt*yt***irlr*******i****lhtiF*ktk**iF*lFie****# k*******************Irk*****k*******************Ir********** [The remainder of this page was left blank intentionally] 00622 - 2 F:1Public WorkeNENGINEERINO DIVISION PROJECTS113024R Blvd Resutacing (SCOP) liS1 to 17th StlAdmimlbid documents400622 - Contra toev Application for Payment - 03.10 rev,doc Rev. 05!01 00622 - Contractor's Application for Payment - 03-10 rev.doc 160 Page 5 of 6 ATTACHMENT A 1. List of all subcontractors, laborers, materialmen and suppliers who have not been paid from the payment received from the last Pay Request and the reason why they were not paid (attach additional pages as necessary): 2. List of all subcontractors, laborers, materialmen and suppliers for which a signed release of lien form (partial or final as applicable) is not included with this Pay Request, together with an explanation as to why the release of lien form is not included (attach additional pages as necessary): 00622 - Contractor's Application for Payment - 03-10 rev.doc 00622-5 F:Woblic WorI ssENGINEERINt3 DIVISION PROJECTS 1302 -IR Blvd Resurfacing (SCOP) USI to 17th SMdmimlbid doarment3100622 - Contractor's Application for Payment - 03-10 Application for Payment No. 3 Final SURETY'S CONSENT OF PAYMENT TO CONTRACTOR: The Surety, Travelers Casualty and Surety Company of America ,a corporation, in accordance with Public Construction Bond Number 106051547 hereby consents to payment by the OWNER to the CONTRACTOR, for the amounts specified in this CONTRACTOR'S APPLICATION FOR PAYMENT. TO BE EXECUTED BY CORPORATE SURETY: Attest- ./, Witnesj BY: STATE OF FLORIDA COUNTY OF INDIAN RIVER Travelers Casualty and Surety Company of America Corporate Surety reg PB Print N Title: helps orney-li Fact and FL Resident Agent (Affix Corporate SEAL) Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared William Phelps , to me well known or who produced Personally Known as identification, who being by me first duly sworn upon oath, says that the is the Attorney -In -Fact for and that he/she has been authorized by Tr•" .e..u..Ms'.yocmp.n"M'edeit to approve payment by the OWNER to the CONTRACTOR of the foregoing Contractor's Application for Payment. Subscribed and sworn to before me this lob day of A�&y..�C� , 20% otary ' blic, State of n Rt d My ission Expires: .1-1//.?1/0 ************,tint***s* ***** r**arae*******************irk* ft* ********* tttk*,tx************ ****** ***OWti:;; ,,d [The remainder of this page was left blank intentionally] 162 .max. ,. - — .a.,��,,.�a-___• ;,,..�_ . _ ..._ _..�,�_,.� �.-_..._.,., WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER TRAVELERSJ Attorney -In Fact No. POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company 215719 Certificate No. 00548 925 5 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, SL Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint William Phelps of the City of Melbourne , State of Florida , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. Any and all consents required by the Department of Transportation, or the Orlando -Orange County Expressway Authority, State of Florida, incident to the release of retained percentages and/or final estimates. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of May 2013 State of Connecticut City of Hartford ss. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 13th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company co SEAL.'S ','SEA.L R, w.✓ r'; ti Hy: Robert L. Raney, enior Vice President On this the 13th day of May 2013 before me personally appealed Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. 58440-8-12 Printed in U.S.A. oniti C . �.�u4�uQ� Marie C. Tetrcault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVAUD WITHOUT THE RED BORDER 16 JUN 0 2 2014 RANGER CONSTRUCTION INDUSTRIES, INC. 1200 Elboc Way Winter Garden, FL 34787 FINAL WAIVER AND RELEASE OF LIEN The undersigned lienor, in consideration of the final payment in the amount of $ 180.00 hereby waives and releases its lien and right to claim a lien for labor, services or materials furnished to Ranger Construction Industries, Inc. on the job of Indian River County Board of County Commissioners to the following described property: Dated on Indian River Blvd Resurfacing (US 1 to 17th Street) Indian River County RPN: 3505388 spy ZZ zoo1( Lienors Name: By: Printed Name: Title: Natures Keeper. Inc. APISTe/0it -4 Oce -pP.35n ivr STATE OF cQ COUNTY OF 5} . UGI e ed ed before me this aa day of ' yNOLI , (who is personally known to me),or (who has produced " as identification), and who (did) (did not) take an oath. The frego)ng insr ment wra ac b 2014 by j'lj(J� SEAL i 4`04"*., COURTNEY L. MOWN hoary ;Public = SIM of Florid: Wcamn, IEx Mlwr. t017 coo** Ir..al t>►es' Notary Signature: Printed Notary Name: Notary Public Commission Number: Notary Public Expire Date: NOTE: This is a statutory farm prescribed be section 713.20, Florida Statutes (1996). Effective October 1, 1996, a person may not require a lienor to furnish a waiver or release of lien that is di, ferent from the statutory form 164 RANGER CONSTRUCLION INDUSTRIES, INC, 1200 MIX Way Winter Garden, FL 34787 FINAL WARTS AND ERLEAtig OF LEN The undersigned Heiler, in consideration of the final payment in the amount of $ 2,488.09 hereby waives and mleases its lien and right to claim a lien for labor, services or materials furnished to Banger Construction Industries, Inc. on the job of Indian River County Board of County Qgnmissioners to the following desc'bedproperty: median. River Blvd Resurfacing (US 1 to 17th Street) Indian River C/omaty RPM3505388 Dated on t 1fe (04 9k) t LI Lars Name.: Bgb's ades4C By; Printed Name: rCUN i' GAWP._ Titley 1Peinr STATE OFPl yCOUNTY OF ?Cell .nrd The foregoing instmment was acknowledged before me this day of 2014 byT,rr ri N Wee- , (who is personally known to me) ar (who has produced as identification), and wglaii take an oath. SEAL Notary Si 1'.V.1A.� Printed Notary r,„ , 4 Iti . s s unitary Public Notary Public tNE L BLAZER # EE855772 • EXPIRES December 03, 2046 NO2'EThis it a statutory formprsribo bf sec t 713.24 Florida Smola (1996). peria srayrmt rem alienortoj nddz awaiveror rake= ((lien that is dijerentfrom the ammo* 165 1 CU14 RANGER CONSTRUCTION INDUSTRIES, INC. 1200 Elboc Way Winter Garden, FL 34787 FINAL WAIVER AND RELEASE OF LIEN The undersigned lienor, in consideration of the final payment in the amount of $ 60,170.66 hereby waives and releases its Iien and right to claim a lien for labor, services or materials furnished to Ranger Construction Industries, Inc. on the job of Indian River County Board of County Commissioners to the following described property: Indian River Blvd Resurfacing (US 1 to 17th Street) Indian River County RPN: 3505388 Dated on C l Q1) T` Lienors Name: By: Printed Name: Title: STATE OF FE r The foregoing instrument was acknowledged before me this ! day of 1r. , 2014 by w, P -y ,who is rsonally known to me) or (who has produced l as identification),;n. who ( ) i not) take an oath. COUNTY OF _dttew SEAL 41:5-N,., MATTHEW EISERT "i MY COMMISSION #FF017920 A. EXPIRES May 13.2017 (407) 398-0153 FloridatiOaarySery ce.ccm Notary Signature: Printed Notary Name: Notary Public Commission Number: ,ol77ri.' Notary Public Expire Date: 5�1-1 7 NOTE: This is a statutory form prescribed be section 713.20, Florida Statutes (1996). Effective October 1, 1996, a person may not require a lienor to furnish a waiver or release of lien that is different from the statutory form. 166 RANGER CONSTRUCTION INDUSTRIES, INC. 1200 Elboc Way Winter Garden, FL 34787 FINAL WAIVER AND RELEASE OF LIEN The undersigned lienor, in consideration of the final payment in the amount of $ 30,000.00 hereby waives and releases its lien and right to claim a lien for labor, services or materials furnished to Ranger Construction Industries, Inc. on the job of Indian River County Board of County Commissioners to the following described property: Indian River Blvd Resurfacing (US 1 to 17th Street) Indian River County RPN: 3505388 Dated on Zo ( Lienors Name: By: Printed Name: Title: Mill -It Corporation Tre surr- STATE OF f t tyrIdcr, COUNTY OF 151110 cb- ZUN 24x014 The forego' g instrument was acknowledged before me this 20th day of done 2014 by d jur Lady L- 2i61 l . (who is personally known to me) or (who has produced as identification), and who (did) (did not) take an oath. SEAL Notary Signature: cra,ac2_ Printed Notary Name` Notary Public Commission Number: Notary Public Expire Date: int ur2aa sArruml Notary Pubilo Mate of Norida Ff28898 Exp: June 18, 2017_ NOTE: This is a statutory form prescribed be section 713.20, Florida Statutes (1996). Effective October 1, 1996, a person may not require a lienor to furnish a waiver or release of lien that is different from the statutory form. 167 RANGER CONSTRUCTION INDUSTRIES, INC. 1200 Elboc Way Winter Garden, FL 34787 FINAL WAIVER AND RELEASE OF LIEN The undersigned lienor, in consideration of the final payment in the amount of $11,275.OQ hereby waives and releases its lien and right to claim a lien for labor, services or materials furnished to Ranger Construction Industries, Inc. on the job of Indian River County Board of County Commissioners to the following described property: Dated on Indian River Blvd Resurfacing (US 1 to 17th Street) Indian River County RPN: 3505388 +no ! %l dl I -/ STATE OF M0 n Lienors Name: Superior Roadway Slices„IXL By:✓L� Printed Name: �j vv` P&S ` il 6rn Title: COUNTY OF 61.1'1 - The foregoing instrument w1 s ackpoowledged before me this I r1day of Ill”- 2014 lsty2014 by y tM 1 tt , (wh rsonally known to me) or (who has produced as identification), and who (did) (did not) take an oath. &"" Notary Signature: t+' 4: Notary Public - State of Florida : My Comm. Expires Aug 24. 2015 4 ? Commission 1 EE 124863 0 Notary Public Commission Number: EE (a-tie%3 to` Bonded Through National Notary Assn.0 Notary Public Expire Date• 213-kf IS ectaren14h+ue Printed Notary Name: NOTE: This is a statutory form prescribed be section 713.20, Florida Statutes (1996). Effective October 1, 1996, a person may not require a lienor to furnish a waiver or release of lien that is different from the statutory form. 168 INDIAN RIVER BLVD (USI -17TH ST) BALANCE TO FINISH Eo S a 0.00 8 O 8 O o N g (ytd 6. 8 8 t0 8 O 8 8 6 m N 8 O 8 C 000 o00 00'0 8 O 8 O 8= O e. m 8 O 0 . 8 8 G 0.00 o C 88888 'e N i^p m ;p G 8 N 8 8 ^ 8 ^ 8 3 E. ^ 8 0.9 8 8 O 0.00 000 0.00 8 o 0.00 8 9 8 o 8 r 8 o 0 r¢ `� i Y. YPy � O O o P O c O O c 0.00 I 8 o S a O c 8 o 8 0 0.00 l 8 0 8 0 8 0 8 o O d H o 8 a 8 a H o S 0 S 0 8 0 8 o 8 d 000 c 8^ g g X g 3 m g o m X 8 a X 8 a X 8 o N n X m^^ X X 8 X 8 8 X 8 8 X 8 8 X 8 8 X o 8 g P 8 X g g o 8 X 8 0 x 0$ 8^ 8 • TOTAL COMPLETED 1 t L mV M S N S S N 8 r4 n 8 8 2,100.00 000 0.00 8 e A N r ^ 8 b .:i ^ 1,498.20 I s R N P g ^ 0.00 3 0 o S g r 174.00 8 8 ^ 8 8 8 g g 88 8 2 g - 8 O 8 O 0.00 N ^PNr.g 8 6. N 8 e 8 P 8 W of 9 SP g 6 m m 8 8 m 8 8 , 8 P 8 N 2.0D e ni 3 3 0 a 8 a 8 8 o 0.00 8 d 8 8 8 o 000 0.00 8 c 0.00 0 8 o 0.00 0.00 00'0 8 o o 8 8 c 8 o 8 c g PREVIOUS APPLICATION 8oog F N G n iD N 0.00 00 C G ' 'I V. N ^ ? n O to .^ m 0 11- • 8m N ?Sv p kn N o a gi^ H S 8 O tT in N g H p p 0.00 g O O O H m 721.00 nH• fi N O N ro g gH o • g g qPM g g O N OCNODULED VALUE 1 8 ot 8 8 B M 8 8p 8 O 0p 8 N +p 8 8 Li N A. 8 ^ o P 8 f 8 8 A. o N S ^ P A- ry H t'f^ O 8 m h ^ - a P E- N 1'1 O g rJ m A 0 S '° 0 6 N IH m Y ^ O 8 8 8 0 Ng. ; O 0 8 . ^- 0 'p ^ 2 N ,pA� 8 g n R r 8 M S G H 8 ^ M d 8 S G m C 88p� 8 to 2 51 8 8 8 6�Ne IOeKnnCOn ... -.. _._T Wmpn 11n ROADWAY IMPROVEMENTS ROADWAY MATERIALS J J J jj� Ip HTj N G1 w Q� W W a 6 Q W J J J J J 'h QQ W c 6 6 6 Q W r r N b m @ h m 8.- M1 ^ ^ N Y ^ ^. ry O o o N tom'' 8 2 O p ry N MOBILIZATION (TO INCLUDE PUBLIC CONSTRUCTION MAINTENANCE OF TRAFFIC EROSION AND WATER POLLUTION CONTROL REORADE 8 COMPACT SHOULDER ONCLUDING EXISTING BASE UNDER PAVED SHOULDER) o ' 2 w = z 8 " SUPERPAVE ASPHALTIC CONCRETE r SP -0.5 PERFORMANCE TURF - RODDING (BAHIA) PERFORMANCE TURF - SODDING (FLORATAM) VEHICLE DETECTOR ASSEMBLY (CABINET EQUIPMEN VEHICLE DETECTOR ASSEMBLY (ABOVE GROUND 4 - CAMERA SYSTEM) (ECONOUTE) RPM (BI-0IRECTIONAL (AMBERJAMBER)) RPM(BFOIRECTIONAL (WHITE/RED)) it, e Q "' Q t) Lu i- THERMOPLASTIC, STANDARD,WHITE,SOLID, 8' re a o fWWD F W U a LI r THERMOPLASTIC,STANDARD, WHITE,SOLID,18" THERMOPLASTIC, STANDARD, WHITfESSOL10,24" c: m h 3 W U a IL ?9 d �Nu C N t d Ill r=- a WyW W U a tel THERMOPLASTIC. PAVEMENT MESSAGE FONLY-) rr b• 3 & 4 N U r THERMOPLASTIC, STANDARD, WHITE, ARROW (STRAIGHT OR RIGHT & MERGE) THERMOPLASTIC, STANDARD, WHITE, ARROW (RIGH THERMOPLASTIC, STANDARD, WHITE, ARROW (U-TU4 saY R N * Q N m O 'O 888 tit N 4Q b m r N r M A r ti N r F A < A m O N P 7 d A OO ! r _ '4. A ON h 169 8 8 8 8 8 7; 3 N 8 0 8 8 8 d 8 x 8 8 8 8 8 8 8 8 8 0 J 4 O 8 8 8 8 8 a O 1 8 g 9 0 8 0 b -J H 8 W0 8 8 8 8 8 a a N O 8 t0 8 4. S� N 8 8 8 8 8 0 1 Kill 1 8 8 0 6 8 d O 8 8 8 0 m 0 F 1 1 a d F S • O o 8 2 8 O O o o W 5 5 o ✓ • r iy THERMOPLASTIC,STANDARD.YELLOW.SCL10.1 B" THERMOPLASTIC.STANDARO,YELLOW,SIQP,6" (6'-10' a 4 3 0 0 6 5 1 n n 11, 8 .D 8 6 2 w z 0 ce 0 0 0 i J Indian River Blvd (USI -17th Street) 170 Consent Agenda Item INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: August 28, 2014 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager AO Gordon Sparks, P.E., Environmental Engineer r Subject: Final Pay to Melvin Bush Construction, Inc. for a 10 -inch Water Main Replacement and a 10 -inch Sewer Force Main Replacement Project in US 1 South from Highland Drive to 21st Street SE, UCP 4096 DESCRIPTIONS AND CONDITIONS: On June 10, 2014 the Indian River County Board of County Commissioners (BCC) approved Work Authorization No. 2014-001 for a Labor Contract with Melvin Bush Construction, Inc. to replace 1,000 feet of 10 -inch Asbestos Cement (AC) water pipe, and 200 feet of 10 -inch PVC sewer force main pipe north of 21' Street SE to Highland Drive at a cost of $106,000.00. A major portion of the existing water main would be located under the new north bound lanes of US 1 now under construction. Because of the brittle nature of AC pipe and its history of failure, FDOT's design engineer requested that it be replaced with modern, more stable materials. A 200 -foot portion of PVC sewer force main that was replaced during an earlier project was in conflict with a proposed entrance drive to a strip center at Highland Drive. ANALYSIS: The replacement project is now complete and Melvin Bush Construction, Inc. submitted Final Pay Request for $80,250.50 (See Attachment 1). The actual labor cost of $80,250.50 is $25,749.50 less than budgeted. The lower cost was realized mainly due to underground conditions preventing about 250 feet of directional bore water main from being constructed and eliminating air release valves as a result of changing from directional bore to trench installation method. However, the section of AC water main that had to be left in place was outside of the proposed pavement of US 1 which is the reason for the water main replacement in the first place. The payment of $80,250.50 to Melvin Bush Construction, Inc. will release the County's obligation to the Contractor. FUNDING: Funding for the utilities replacement project is available in the Utilities fund Account Number 471235436-044699-13502. Funds for this project are derived from the renewal and replacement budget in the operating fund. The operating fund budget is derived from water and sewer sales. 171 ACCOUNT NO: Description Account Number Amount 5. US 1 to County Line relocation 471235436-044699-13502 $80,250.50 RECOMMENDATION: Staff requests the Board of County Commissioners approve Final Pay Application in the amount of $80,250.50 to Melvin Bush Construction, Inc. ATTACHMENT(s): 1. Contractor's Application for Final Payment APPROVED FOR AGENDA: Can n Josepji. Baird, County Administrator Date By: Indian River Co. A ,. • • ved Date Administration 911/ ti Legal //{4I• q.—(»( Budget , , - Utilities CO Utilities -Finance Gam, g' -"Z W F:\Utilities\UTIUTY - Engineering\Projects - Utility Construction Permits\IRC - US 1 South from llth Street to County Line UCP 114096\IRC - US 1 South 12 -inch Dir. Bore from 21st St. SE 1000 feet north UCP 4096\00 - Agenda -Final Pay to Bush 08-8-14.doc 172 SECTION 00622 - Contractor's Application for Final Payment Application for Payment No. 1 -Final. For Work Accomplished through the period of 06/19/2014 through 08/06/2014. To: INDIAN RIVER COUNTY UTILITIES (OWNER) From: MELVIN BUSH CONSTRUCTION, INC. (CONTRACTOR) Contract: WATER, SEWER AND RECLAIM WATERLINE REPLACEMENT/ EXTENSIONS, AND MISCELLANEOUS LABOR CONTRACT, BID NO 2010052 AWARDED Project: YOUNGS MARKET- US1 SOUTH 12" HDPE DIRECTIONAL BORE REPLACEMENT OF EXISTING 10" AC WATERMAIN FROM 21S1 STREET SW 1000' TO THE NORTH AND 10" PVC FORCE OWNER's Contract No. 4096 ENGINEER N/A. (1) Attach detailed schedule and copies of all paid invoices. ENGINEER's Contract No. N/A 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): $106.000,00 $0.00 $106,000.00 $80,250.50 100% of completed Work: $0.00 0% of retainage: $0.00 Total Retainage: $0.00 6. Total completed and stored to date Tess retainage (4 minus 5): $80,250.50 7. Less previous Application for Payments: $0.00 6. DUE THIS APPLICATION (6 MINUS 7): X80,250.50 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. The acceptance of final payment shall be and shall operate as a release of 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 this Work and for every act and neglect of the OWNER and others relating to or arising out of this Work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or his sureties from any obligations under the Contract Documents or the Payment and Performance Bonds. Dated 61-21 Ili Slate of FLORIDA County of ST, LUCIE Subscribed@nd sworn to before me this -th of otary Public My Commission expires: 06/16/2017 CERTIFICATION OF ARCHITECT OR CONSULTING ENGINEER (WHERE APPLICABLE): I certify that I have checked and verify the above and foregoing Periodic, stimate for Partial Payment; that to the best of my knowledge and belief it is . rue an ,».rrec ateme of the work performed and/or material supplied by the Contractor. By: theluinhab Dated K',. Pr. E GINEER) SIGNATURE 00622 - Contractor's Application for Final Payment - Per Marian (2) 00622 - 1 FAucersMtary1ACTNE PROJECTS and CONTRACTS 2012-2013WROJECTS COMPLETE DAIS 1 OIRECTIONAL BORE100622 - Contractor's Application for Final Payment -Per Mariann {21.doc Rev. 06!01 173 ATTACHMENT 1 CERTIFICATION OF ENGINEER /meeter&R: 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. s/;//,‘ A*041 t? -01,4L. --- Dated Accompanying Documentation: %"i''i#FCT / ENGINEER) SIGNATURE * " END OF SECTION ' '' 00622 - Contractor's Application for Final Payment - Per Marfan (2) 00622 - 2 • f,NasersknarylACTlVE PROJECTS and CONTRACTS 2012.20131PROJECTS COMPLETEDUJS 1 DIRECTIONAL BORE100622 • Contractor's Application for Final Payment Per Marian (2).doc Rev. 05/01 174 Melvin Bush Construction Inc. 2748 SW Casella St Port St. Lucie, FL 34953 State of Florida License# CUC1223819 Phone: (772) 336-0623 Fax: (772) 336-0488 Email: melvinbushconstr@bellsouth.net Invoice Date Invoice No August 6, 2014 Bill To: Project INDIAN RIVER COUNTY PURCHARSING DIVISION 1800 27TH ST I VERO BEACH, FL Young's Market MELVIN BUSH LABOR COST Item No. Description Qty Unit Unit Price Amount 71 Mobilization, Demobilization, MOT 10% % 72955.00 $ 7,295.50 Old Install 8" PVC Water Main 100 LF 7.00 $ 700.00 01f Install 12" PVC Water Main 110 LF 9.00 $ 990.00 05e Install 12" HDPE Dir. Bore, Including Fusion of Pipe and MJ Adapters 760 LF 41.00 $ 31,160.00 17d Install 10" GV& B 2 EA 175.00 $ 350.00 29f Install 10 PVC Force Main 10 LF 9.00 $ 90.00 11b Grout Pipe Abandonedand Left in Place, 10" to 12" 1000 LF 8.00 $ 8,000.00 7 Install Mechanical Restrained Joint DI Fittings 2.00 TON 3,500.00 $ 7,000.00 21 Test Holes! Potholes 20.00 EA 200.00 $ 4,000.00 64a Lawn Restoration ( Topsoil and Sod) 100 LF 0.40 $ 40.00 Total $ 52,330.00 ITEMS NOT INCLUDED 15d Install and Remove Line Stop on Existing 10" Main 3 EA 4,175:00 $ 12,525.00 16b Install Water Service- Single Short with 1" 1 EA 200.00 $ 200.00 14a Install Stainless Steel Wet Tap Assembly w! GV (4" - 8") 1 EA 900.00 $ 900.00 16c Install Water Service- Single Short with 2" 1 EA 250.00 $ 250.00 Total $ 13,876.00 AS INDICATED FOR LINE STOPS Material Supplied for ( 1) 10" Line Stop 1 LS 2,750.00 $ 2,750.00 (Not Provided by County) Total $ 2,750.00 AS INDICATED TO MOVE VALVES SURVEY CREW & AS-BUILTS 1 LS 4,000.00 $ 4,000.00 Total $ 4,000.00 SUB -TOTAL $ 72,965.00 Total $ 80,260.60 175 Consent Agenda Item INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: August 28, 2014 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Arjuna Weragoda, P.E., Capital Protects Manager AG) Subject: Amendment No.2 to WO No.5-South County RO Facility Storage & Piping Tank Modifications DESCRIPTIONS AND CONDITIONS: On February 19th, 2013, the Indian River County Board of County Commissioners (BCC) approved Work Order No. 5 for a lump sum amount of $16,800.00 with Moia Bowles Villamizar & Associates (MBV) to provide professional services for the design and construction observation of the interconnecting operating system project between the South and North RO plants. On December 17, 2013, Addendum No.1 was issued to MBV for a lump sum amount of $1,500.00 to provide more details in the specifications and construction plans on the electrical components of the project. On May 6, 2014 the BCC awarded the contract to Florida Design Drilling Corporation for a sum amount of $142,765.00. However, during construction staff decided that the addition of dry conduit and pull box for future fiber with the current project will be a cost savings to the County. Therefore, the subject amendment to MBV is to add the above additional work, review shop drawings and construction oversight. ANALYSIS: MBV has requested additional funding to perform the work mentioned above. Therefore, staff requested MBV submit a proposal for the additional work per the CCNA procurement guidelines. MBV submitted Amendment No.2 to Work Order No.5 under the Continuing Contract Agreement for Professional Services approved by the BCC On November 15th, 2011. The total negotiated cost to include the engineering services is $3,750.00, which brings the total amount of Work Order No.5 to $22,050.00. F:\Utilities\UTILITY- Engineering\WATER \WTP-South RO\S. RO Storage Tank Interconnect\Admin\Amendment No.2 to W0.5 MBV.doc 176 FUNDING: Funds for this project will be derived from the R & R budget in the Operating fund. The operating fund budget is derived from water and sewer sales. Description Account No. Amount South RO Piping/Storage Tank Modification 47123536-044699-13507 $3,750.00 RECOMMENDATION: Staff recommends approval of Amendment No.2 to Work Order No. 5 in the amount of $3,750.00 authorizing the above-mentioned professional services, and requests the Board to authorize the Chairman to execute the same as presented. ATTACHMENT(s): 1. Amendment No.2 to Work Order No. 5- South County RO Facility Storage & Piping Tank Modifications, including Exhibit 1. APP VED FOR AGENDA: Josep A. Baird, County Administrator Or: ✓l�(Jy / cid/7( Date Indian River Co. Appy• Date Administration `j % Legal �, " 4 1`� Budget 1' TOUtilitiesi Utilities -Finance 1 1 177 WORK ORDER NUMBER 5 — AMENDMENT #2 This Amendment 2 to 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 MBV ENGINEERING, 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 more particularly set forth in Exhibit 1, attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement, Pursuant to paragraph 1,4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WiTNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: MBV ENGINEERING INC, By: Aaron J. Bowles, Vice President BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By Peter Yaryan, Chairman BCC Approved Date: Attest Jeffery Smith, Clerk of Court BY A.'roved; Deputy Clerk mph A. Baird, County Administrator rr to 46pylan Rel y ld, ou - ty Attorney otency: 178 IL'MBV ENGINEERING, INC. MOIAEOWLESVILLAMIZAR&ASSOCIATES- _ L ',row www.mbveng.com CA #3728 August 20, 2014 Mr. Vincent Burke, P.E. c/o Mr. Arjuna Weragoda Indian River County Department of Utility Services 1801 27th Street Vero Beach, FL 32960-3388 Via E-mail (aweragoda®ircgov.com) Subject: Proposal / Contract for Professional Engineering Services for the Indian River County Utility Services - South RO Water Plant Storage Tank Interconnect Project Indian River County, Florida Engineer's Project Number: 12-276 Addendum 2 Dear Mr. Burke: We are hereby submitting our proposal to provide professional services for the above subject project. Per your request, we will be adding a conduit run, and pull box for future connection to well No. 4. Also included are the expenses incurred regarding review of shop drawings, addition of a flow meter, and historical record archiving. Based on our understanding, our additional scope of work includes the following services: 1. Engineering design for conduit run and pull box location 2. Revision of the plans to include the new conduit and pull box 3. Coordination with contractor for bidding 4. Construction oversight of the project 5. Review of shop drawings including revised materials selected 6. Addition of flow meter including SCADA connection and plan revisions 7. On site review of historical records necessary to verify existing system specifications due to conflicting as -built information We propose to provide the above described services for a total fee of $3,'150. Should you require further information or clarification, please do not hesitate to call. Very truly yours, MBV G, INC. Aaron Bowies, P.E., Vice President 1 835 20th Street Vero Beach, FL 32960 772369 0035 Fax; 772778,36 17 1250W. Eau Gallie 814. Suite L Melbourne, FL 39235 321.253.1510 Fax 321.253.091 I 806 Delaware Avenue Ft Pierce, FL 34950 772.468.9055 Fax 772.778,3617 179 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: THROUGH: THROUGH: FROM: SUBJECT: Joseph A. Baird, County Administrator Christopher R. Mora, P.E., Public Works Director Christopher J. Kafer, Jr., P.E., County Engine Michael D. Nixon, P.E., Roadway Production Manager Ow - Award of Bid No: 2014046 136 Street S.W. at 58th Avenue Bridge IRC Project No. 0530B DATE: September 2, 2014 DESCRIPTION AND CONDITIONS The Florida Department of Transportation (FDOT) routinely inspects all of the bridges in the County. The latest report from FDOT indicated that the bridge at 13th Street S.W. at 58th Avenue over the Indian River Farms Water Control District Lateral B Canal has serious structural defects, and recommended replacement of the bridge as soon as practical. The proposed improvements will include the replacement of the 13th Street S.W. Bridge at 58th Avenue, the paving of 800 linear feet of 13th Street S.W. and the placement of recycled asphalt pavement (asphalt millings) for approximately 1/4 mile of 58th Avenue between 13th Street S.W. and 9th Street S.W. (Oslo Road). The bid opening was held on August 27, 2014. Five (5) bids were received and opened. A detailed bid tabulation is on file and available for viewing in the County Engineering Division. Bid totals are as follows: Dickerson Florida, Inc. Timothy Rose Contracting, Inc. Morrison -Cobalt Joint Venture * Sunshine Land Design, Inc. * Shoreline Foundation, Inc. Ft. Pierce, Florida Vero Beach, Florida Miami, Florida Stuart, Florida Pembroke Park, Florida * Denotes mathematical errors were found and bid amounts corrected. $1,366,225.20 $1,469,692.15 $1,572,485.00 $2,068,859.83 $2,195,115.99 Dickerson Florida, Inc. is considered to be the lowest, responsive, responsible bidder for the project with a bid totaling $1,366,225.20. Dickerson Florida, Inc. has completed various construction projects for the County and has consistently performed work in a satisfactory manner. Dickerson Florida, Inc.'s bid of $1, 366,225.20 was below the Engineer's estimate of $1,377,598.20. F:\Public Works\ENGIIIEERING DIVISION PROJECTS \0530B 13th Street SW at 5Sth Ave Bridge \Adnin\agenda items\BCC Agenda Award of Bid 9-9-14.doc Page 2 13th Street S.W. at 58th Avenue Bridge Michael D. Nixon., P.E., Roadway Production Manager For September 9, 2014 BCC Meeting FUNDING Funding for this project is available from Local Option Gas Tax funds. This project is budgeted in the Secondary Roads Fund/ 13th St. SW Bridge at 58th Ave. - Account No. 10921441-066510- 03024 RECOMMENDATION Staff recommends that the project be awarded to Dickerson Florida, Inc., in the amount of $1,366,225.20 and requests that the Board of County Commissioners approve the attached sample agreement and authorize the Chairman to execute said agreement after receipt and approval of the required Public Construction Bond and Certificate of Insurance and after the County Attorney has approved the agreement as to form and legal sufficiency. ATTACHMENTS Sample Agreement DISTRIBUTION Dickerson Florida, Inc. APPROVED AGENDA ITEM FOR Se stember 9 2014 BY Indian River County FAPublie Approved Date Administration �b Vifh 7 Budget ri / 515114 Legal �' `� q ~T / I Public Works lg. 9,/41/fy Engineering 9-,2-i Purchasing ? !31j4- 0311+ F.`\Pubbc Works\ENGINEERING DIVISION PROJECTS\0530B 13th Street SW at 58th Ave Bridge\Admin`ageada items\BCC Agenda Award of Bid 9-9-14.doc 181 SECTION 00520 - Agreement (Public Works) Revised Addendum No. 2, 8-7-14 TABLE OF CONTENTS Title Page ARTICLE 1- WORK 2 ARTICLE 2 - THE PROJECT 2 ARTICLE 3 — ENGINEER 2 ARTICLE 4 - CONTRACT TIMES 2 ARTICLE 5 - CONTRACT PRICE 3 ARTICLE 6 - PAYMENT PROCEDURES 4 ARTICLE 7 - INDEMNIFICATION 5 ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 5 ARTICLE 9 - CONTRACT DOCUMENTS 6 ARTICLE 10 - MISCELLANEOUS 7 (FRE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY' 00520 - Agreement (Public Works) REV 04-07 SAMPLE.doc 00520 - 1 F:1Public Works\ENGINEERING DIVISION PROJECTS50S3OB 13th Street SW at 58th Ave BridgelAdmirtagenda dems100520 - Agreement (Public Works) REV 04-07 SAMPLE.da SECTION 00520 - Agreement (Public Works) THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The proposed improvements will include the replacement of the 13th Street SW Bridge over the 1.R.F.W.C.D. Lateral B Canal at 58th Avenue, the paving of 800 linear feet of 13th Street SW and the placement of recycled asphalt pavement (asphalt millings) for approximately '4 mile of 58th Ave between 13t" Street SW and 96 Street SW (Oslo Road). 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: 13th Street S.W, at 58th Avenue Bridge County Project Number: 0530B Bid Number: 2014046 Project Address: 13th Street S.W. at 58th Avenue, Indian River County, FL ARTICLE 3 — E( GIN R 3.01 The Indian River County Public Works Department 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 Contract Documents are of the essence of the Contract. 00520 - Agreement (Public Works) REV 04-07 SAMPLE.doc 00520 - 2 F.Public Works\ENGINEERING DIVISION PROJECTS10530B 13th Street SW al 58th Ave BridgelAdminlagenda items100520 - Agreement (Public Works) REV 04-07 SAMPLE.doc 183 Revised, Addendum No. 2, 8-7-14 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 150 day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 180 day after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof,OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $1,532.00 for each calendar day that expires iter the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OVVNER $1,53Z00 for each calendar day that expires after the time specified in paragraph, 4.02 for completion and readiness for final payment until the Work is comptetedand ready for final payment. B. For the bridge construction, 13* Street S.W. over the Indian River Farms Water Control District Lateral B Canal may be closed to through traffic for a period not to exceed 120 calendar days. For the 84" concrete pipe construction, under 58th Avenue in the Indian River Farms Water Control District Lateral B-8 Canal may be closed to through traffic for a period not to exceed 7'calendardays. The road closures for the bridge construction and 84" concrete pipe construction shall not be done at the same time. The maintenance of traffic plan and the detour shall be in place prior to the road closure (See Appendix C Maintenance of Traffic of Traffic / Detour Plan). Liquidated damages in the amount of $1,532,00 will apply for each calendar day that expires after the above speed closures. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5.01.A and summarized in paragraph 5.01.8, 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:: Numerical Amount: $ Written Amount: 00520 - Agreement Pg 520-3, Adden 2, 8-7-14 REV SAMPLE .doc 00520 - 3 f:1Pub io Works'ENGINEERING DIVISION PROJECTS10530B 13th Street SW at 581h Ave Br dge1Adminlegenda items10052D-Agreemem Pg 52D3, Adder 2, 8-7-14 REV SAMPLE doc 184 ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 6.02 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER 'matt retain ten percent (10%) of the payment amounts due to .the CONTRACTOR until fifty 'percent (50%) completion of the work. After fifty percent (50%) complon of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point, at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 6.03 Pay Requests. A. Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the application for 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 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. 00520 - Agreement (Public Works) REV 04-07 SAMPLE.doc 00520 - 4 F:\Public Works\ENGINEERING DIVISION PROJECTS50530B 13th Street SW at 58th Ave Bridge\Adminlagenda items100520 -Agreement (Public Works) REV 04-07 SAMPLE.doc 6.04 Paragraphs 6.02 and 6.03 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 Govemment Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 6.05 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 Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (indemnification) of the General Conditions to the Construction Contract. ARTICLE 8 - CONTRACTOR'S REPRESENTATtONS 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 Bidding 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. D. CONTRACTOR' has carefully studied all: (1) reports of explorations and tests of subsurface conchtions at or contiguous to the Site and all drawings of physical conditions in or relatingto existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data conceming 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 00520 - Agreement (Public Works) REV 04-07 SAMPLE.doc 00520 - 5 FWublic Works\ENGINEERING DIVISION PROJECTS \053013 13th Street SW at 58th Ave BridgetAdmintagenda ilems100520 - Agreement (Public Works) REV 04-07 SAMPLE.doc 186 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 F 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. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR. information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice, Of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient, to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 to 00520-9, inclusive); 2. Notice to Proceed (page 00550-1); 3. Public Construction Bond (pages 00610-1 to 00610-3, inclusive); 4. Sampo Certificate of Liability Insurance (page 00620-1); 5. Contractor's Application for Payment (pages 00622-1 to 00622-6 inclusive); 6. General Conditions (pages 00700-1 to 00700-45, inclusive); 7. Supplementary Conditions (pages 00800i to 00800-11, inclusive); 8. Specifications as listed in Division 1 (General Requirements) and Division 2 (Technical Provisions; 9. Drawings by Indian River County Public Works, consisting of a cover sheet and sheets numbered 2 through 26, S1 through S9, P1, and SW1 through SW4, inclusive, bearing the following general title: 13th Street S.W. at 58 venue Bridge, Project No. 0530B; 00520 - Agreement (Public Works) REV 04-07 SAMPLE.doc 00520 - 6 F:\Public Works\ENGINEERING DIVISION PROJECTS105305 13th Street SW at 53th Ave Bridge'AdmIntagenda 0ems100520 -Agreement (Public Works) REV 04-07 SAMPLE.doc 187 Bridge Drawings by Bridge Design Associates, Inc. consisting of a cover sheet and sheets numbered B1 through B25, inclusive, bearing the following general title: 13th Street S.W. east of 58th Avenue over Sub -Lateral B-8 Canal, Project No. 0530B. 10. Addenda (numbers to , inclusive); 11. Appendices to this Agreement (enumerated as follows); Appendix A — Permits St. Johns River Water Management District Army Corps of Engineers Indian River Farms Water Control District 12. CONTRACTOR'S BID (pages 00310-1 to 00310-9, inclusive); 13. Bid Bond (page 430-1 inclusive), Qualifications Questionnaire (page 456-1 to 456-4, inclusive), List of Subcontractors (page 458-1 inclusive); 14.Sworn Statement Under the Florida Trench Safety Act (pages 464-1 to 454-2, inclusive); 15.Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 452-1 to 452-2, q cusive); 16.The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives, c) Change Order(s). 17.Contractor's Final Certlicate of the Work (page 00632 —1 & 2 of the Specifications) ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 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 00520 - Agreement (Public Works) REV 04-07 SAMPLE.doc 00520 - 7 F'i1Public Wod s\ENGINEERING DIVISION PROJECTS 105308 13th Street SW et Seth Ave Bridge\Adminlagenda items100520-Agreement (Public Works) REV 04-07 SAMPLE,doc 188 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. 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, inthe event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.06 Public Records Compliance 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 ri 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 an requirements for retaining public records and transfer, at no cost, to the County' public records in possession of the Contractor 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 Contractor to comply with these requirements shall be a material breach of this Agreement. [The remainder of this page was left blank intentionally] 00520 - Agreement (Public Works) REV 04-07 SAMPLE.doc 00520 - 8 F:1Public Works\ ENGINEERING DIVISION PROJECTS10S30B 13th Street SW al 58th Ave Bndge&Adminlagenda items100520 - Agreement (Public Works) REV D4-07 SAMPLE.doc 189 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: CONTRACTOR: INDIAN RIVER COUNTY By: By: Peter D. O'Bryan, Chairman (Contractor) By: (CORPORATE SEAL) Joseph A. Baird, County Administrator Attest APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Address for giving notices: Jeffrey R. Smith, Clerk of Court and Comptroktr Attest: (Where applicable) Deputy Clerk (SEAL) Agent for service of process: License No. Designated Representative: Name: Christopher J. Kafer Jt. P.E. Designated Representative: Title: County F,inper . Name: 1801 27th Street Title: Vero Beach,'Florida 32960 Address: (772) 226-1221 Facsimile: (772) 778-9391 Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) **END OF SECTION** 00520 - Agreement (Public Works) REV 04-07 SAMPLE.doc 00520 - 9 F:1Public WorkstENGINEERING DIVISION PROJECTS105308 13th Street SW at 58th Ave Brldge\Admint.agenda items100520 -Agreement (Public Works) REV 04-07 SAMPLE.doc 190 Consent Agenda Item INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES r'"� ` Date: August 28, 2014 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services Thru: Jennifer Hyde, Purchasing Manager 4a, Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager AO Gordon Sparks, P.E., Environmental Engineer C, -5 Subject: Bid No. 2015001 Award Recommendation for Construction of Water, Sewer and Reclaimed Water Line Replacements/Extensions and Miscellaneous Annual Requirements Labor Contract, UCP #4103 DESCRIPTIONS AND CONDITIONS: The Department of Utility Services has used outside Utility Contractors to complete a large number of projects of varying sizes for over 13 years. These contractors have performed the work under annual or bi-annual labor contracts awarded to them by the Board of County Commissioners. The need for the Labor Contracts has mainly been as the result of: 1) the urgent nature of some projects and the lack of available staff due to heavy project Toads; 2) the lack of specialized equipment or materials; and/or 3) lack of special or very technical skills. The use of the labor contractors has eliminated the requirement of hiring additional personnel or purchasing special equipment, which in turn has saved the County a great deal of money. Many municipalities and counties use the labor contracts for these reasons. The basic concept of the Labor Contract is that one or more contractors are selected based on a public bid for furnishing labor only for a list of selected construction related items. The list of construction related items was prepared to represent what is normally encountered by the Utility Department in conducting its business. It is updated for each re -bid based on past experiences. The County in turn direct purchases materials for these labor items and individual Work Authorizations are prepared which outline specific construction projects. These projects have ranged in complexity from simple tasks such as installing or replacing water meters to larger pipeline replacement/installation projects. The dollar amount of these Work Authorizations has ranged from several thousand dollars to several hundred thousand dollars, with the larger ones being associated with the roadway improvement projects. For projects with labor costs of more than $100,000, a Public Construction Bond is required. On September 7, 2010 the Board of County Commissioners awarded the present Labor Contract to Melvin Bush Construction, Inc. and Derrico Construction Corporation for a period of two (2) years. The contract was renewed for two one-year periods with Melvin Bush Construction, Inc. The second one-year period ends on September 30, 2014, so the purpose of this agenda item is to select two (2) Labor 19I Contractors to serve the needs of the Department of Utility Services. Work Authorizations will be issued to the Labor Contractors based on the lowest cost as determined by submitted line item bid and the work required for that specific project. In the event of a tie, the Contractor which submitted the overall lowest total bid price will be issued a Work Authorization. In the event the Contractor declines a Work Authorization due to workload, the Work Authorization will be offered to the other awarded Contractor. ANALYSIS: On Friday, August 15, 2014 four (4) bids were received for the Labor Contract. Two of the bids were disqualified by the Purchasing Manager because of missing information that was a requirement of the bid submittal. The remaining two bid results are as follows: Bidder Bid Amount 1. Blue Goose Construction $201,677.96 2. Melvin Bush Construction, Inc. $220,159.56 FUNDING Funding will be from various accounts depending upon the individual project. Each project will be issued an individual Work Authorization which will be approved by the Board of County Commissioners. RECOMMENDATION: The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the award of Bid No. 2015001 to the following Contractors: Blue Goose Construction of Fort Pierce, Florida and Melvin Bush Construction, Inc. of Port St. Lucie, Florida. The term of this agreement will be two (2) years with an option to renew for an additional period of up to two (2) years. ATTACHMENT(sl: 1. Bid Tabulation 2. Sample Agreement APPROVED FOR AGENDA: h ., o JoseprTh h A. Baird, County Administrator Date ' Indian River Co. Approved Date Administration fit* fr/�/ .,,C Legal 1''F 04.4 — (y Budget Obi Utilities l/eeO 2) Utilities -Finance *A CL d/2-tikt F:\Utilities\UTILITY- Engineering\Projects - Utility Construction Permits\IRC- LABOR CONTRACT REVISED FOR 2014\OA- AGENDA TO AWARD BID - August 19, 2014.doc 192 ATTACHMENT 1 193 • _ M C• ? C m7 C o A C o 0 S . iN!! . an 8r8gooLo0IAUoo� . � . � . Vl . an. . V} . y . � . � . � . VG . 4-1 . i~A . i/F $36.00 0 dO.' �/! 0 . 0 ��}}. i/) 0 uo1. Vf 0 . a 0 tpp. to 538.00 0 a 0 . A 0 tap}. I 0 Opp}. to Blue Goose Growers, LLC dlhfa Blue Goose Construction g3288800g00ogoan...1 V N 1 V1 an. 1D Vl W N O1 V! O ei V. H ei V. m ei VI. n V► 01 V} O M V! O ri N N el VG f3 1 V? m N N 8 O N VT 8 V ei VF 0 b N Vf 0 co 4-1 V! $24.00 0 00 N VT $35.00 `8' O N VI o st' .-1 V! 0 lD .-1 V) 0 cd ei N 524.00 UNIT OF MEASURE 555 LF LF J J J J J J J J J J J J J J J J J J 7 a .-1 .1 ei ri ei ei ri ei el el ei ei ei 4-1 e-1 ei el .i ei ei ri r1 ei ei 4-1 ei ei DESCRIPTION Install 2" PE or PVC Water Maln Install 4" PVC Water Main Install 6" PVC Water Main Install 8" PVC Water Main C to ! v 4-1 .1:, ti G Install 12' PVC Water Main Install 14" PVC Water Main Install 16" PVC Water Main Install 2", 3" or 4" DI Water Main 10 i10 as VD 5,4 C Install8" DI Water Maln Install 10" DI Water Main _ Install 12" DI Water Main I C lc 40 3 N N C I Install 16" DI Water Main Install/Assemble 2" through 4" PVC or DI (Flanged or Push -on) Water Main on Existing Saddles on Bridge Shelf Install/Assemble 6" PVC or DI (Flanged or Push -on) Water Main on Existing Saddles on Bridge Shelf Install/Assemble 8" PVC or DI (Flanged or Push -on) Water Main on Existing Saddles on Brfdge Shelf Install/Assemble 10" PVC or DI (Flanged or Push -on) Water Maln on Existing Saddles on Bridge Shelf Install/Assemble 12" PVC or DI (Flanged or Push -on) Water Main on Existing Saddles on Bridge Shelf Install/Assemble 14" PVC or DI (Flanged or Push -on) Water Maln on Existing Saddles on Bridge Shelf Install/Assemble 16" PVC or DI(Flanged or Push -on) Water Main on Existing Saddles on Bridge Shelf Assemble 2" through 4" Welded Flange Steel Pipe Water Main for Placement on 55 Bridge Hangers Assemble 6" Welded Flange Steel Pipe Water Main for Placement on SS Bridge Hangers _ Assemble 8" Welded Flange Steel Pipe Water Main for Placement on SS Bridge Hangers Assemble 10" Welded Flange Steel Pipe Water Main for Placement on SS Bridge Hangers *Assemble 12" Welded Flange Steel Pipe Water Main for Placement on SS Bridge Hangers • 0 Z f0 .i 0 .0 .-1 0 U .-1 0 'O ei 0 GI r♦ 0 4- 0 Ill! . i 0 t 0 al .0 N 0 0 N 0 '0 N 0 0 N 0 `.- N 0 00 _C N N 0 0 10 M O -D m 0 u m 0 '0 m 0 N m O m O 10v0� O f0 4] U O V O U 193 8 194 Melvin Bush Construction, inc. 0 O O 0 O vt!1� a 0 O a q o O .-� a O N N 0 O 0 +h o O N 0 O V} 0 a 0 a 8 o O m Crl V} a O tY:fY}} V} o q m V> I 0 q m iA 0 O pap Vl 0 O m �!Y 0 O t aA 0 Q m 0 q O N Blue Goose Growers, LLC d/b/a Blue Goose Construction O 0 O 0 O 0 �? 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O 8o fYt VI If m VMF noLei 06 ice/} to Vl m M O O VOf O o on n/! $90.00 UNIT OF MEASURE LF LF "May Require AdditionatCrane Rental Cost for Placement Depending on Weight and/or Length LF LL J LL J LL J LL J LL J LL J LL J LL J LL J LL LL LL LL LL LF LL )ii - )y Y e'1 a"1 r'1 a"1 a'i 'i e'1 • DESCRIPTION 'Assemble 14" Welded Flange Steel Pipe Water Main for Placement on S5 Bridge Hangers *Assemble 16" Welded Flange Steel Pipe Water Main for Placement on SS Bridge Hangers install Driveway Bores for Carrier Pipe (Paid for Separately) Y through 8" Install Driveway Bores for Carrier Pipe (Paid for Separately) 10" through 12" Install Driveway Bores for Carrier Plpe (Paid for Separately) 14" through 16" Jack & Bore w/ 4" DI Carrier Pipe including excavation, backfill, dewatering and casing insulators Jack & Bore w/ 6" DI Carrier Pipe induding excavation, backfill, dewatering and casing insulators Jack & Bore w/ 8" DI Carrier Pipe including excavation, backfill, dewatering and casing insulators Jack & Bore w/ 10" DI Carrier Pipe including excavation, backfill, dewatering and casing Insulators Jack & Bore w/ 12" DI Carrier Pipe including excavation,', backfill, dewatering and casing Insulators Jack & Bore w/ 14" DI Carrier Pipe including excavation, backflll, dewatering and casing insulators Jack & Bore w/ 16" DI Carrier Pipe including excavation, backfill, dewatering and casing insulators Install 2" through 4" HDPE Horizontal Directional Drill (SDR -11) including fusion of MJ adaptors Install 6" HOPE Horizontal Directional Drill (SDR -11) induding fusion of MJ adaptors Install B" HDPE Horizontal Directional Drill (SDR -ii) including fusion of MJ adaptors Insta1110" HDPE Horizontal Directional Drill (SDR -1.1) including fusion of MJ adaptors Install 3.r HDPE Horizontal Directional Drill (SDR -11) including fusion of MJ adaptors Install 14" HDPE Horizontal Directional Drill (SDR -11) including fusion of MJ adaptors ___ Install 16" HDPE Horizontal Directional Drill (SDR -11) including fusion of MJ adaptors I,: z 6 O O O O O O O O O O ro O O O O a O 8 194 195 Mehrin Bush Construction, Inc. O ice/! O N V! 0 .~-1 N NO1�1 .-1 V! (H((1�� ei V! H el N 8 epi V! 0 8 NV! a 0 b pO (� H V! ooO 00 .1 K O N J 00'oT$ 0 T N V! S 04 iti H y O 14 S N C Ol K 4 N N u0t. y Blue Goose Growers, LLC dlbla Blue Goose Construction 0O0 s°Di! iii! ci V! 1 D .^'� H 8 an S 'aei iA inofo V? 8 ei V 8 V! o 0 0O o 00 id V! O of VI g$ ni .H V! v 4.4! ► % tri V $ V1 e i e+ V! ooin V! od od V! IA la LL ce m J J J u. ..1 U. .J 1 J uol W 6 J J J IL J J J LF J J J .F�/' x;11 a ei ei 4 ei -, .♦ ei .y ei ei e4 .-1 el 4-1 N el e1 ei el e1 el DESCRIPTION Install 4" HDPE (SDR -11) in Open -Cut, Trench Method, Fusion Weld Sections as Necessary for Total Length Install 6" HDPE (SDR -11) in Open -Cut, Trench Method, Fusion Weld Sections as Necessary for Total Length Install 8" HOPE (SDR -11 in Open -Cut, Trench Method, Fusion Weld Sections as Necessary for Total Length Install 10" HDPE (SDR -11 in Open -Cut, Trench Method, Fusion Weld Sections as Necessary for Total Length Install 12" HDPE (SDR -11 In Open -Cut, Trench Method, Fusion Weld Sections as Necessary for Total Length install 14" HDPE {SDR -11 in Open -Cut, Trench Method, Fusion Weld Sections as Necessary for Total Length Install 16" HDPE (SDR -11) in Open -Cut, Trench Method, Fusion Weld Sections as Necessary for Total Length Install Mechanical Restrained Joint Ductile Iron Fitting install Mechanical Restrained Joints on Existing Main, 3" through 8" install Mechanical Restrained Joints on Existing Main, 10" through 14" ;install Mechanical Restrained Joints on Existing Main, 116" Lower/Offset Pipe by Excavation After Restraining Joints, 3" through 8" Lower/Offset Pipe by Excavation After Restraining Joints, 10" through 12" Lower/Offset Pipe by Excavation After Restraining Joints, 14" through 16" LRemove and Disposal of Pipe, 3" through 8" ei ea z 2 L iQY l"I Er 0 1` fli 0 a G1 TS 0 co To g E d ce Removal and Disposal of Pipe, 14" through 16" Grout Pipe Abandoned and Left in Place, 3" through 8" Grout Pipe Abandoned and Left in Place, 10" through 12" 'Grout Pipe Abandoned and Left in Place, 14" through 16" Pig Lines, Flush and Pressure Test Pipe, 6" or 8" including installation of cannon and all fittings necessary WW F Z ptpq O v o 0p O o �O p 1 °1 tp O .p1 O ~ H e~1 - eNi .�1 .N1 .mi .mi rri el I 195 10 196 Melvin Bush Construction, inc. 0 0 VI n 8 S N 8 N 8 N S N 8 N S y S N N S N N 0 1gp (/� 0 S V} 0N o co N 0 8 0 g N 0 ( N 0 8 N o g N 0 g N Blue Goose Growers, LLC dibla Blue Goose Construction gypp+ 8 QQ QQS V~1 S 4 pp iry/T O VT O Rt imlT O GO (m/T O QS "l 4//T RQ0 Xcoul " N ,Q0 " N RO O O O .41 O ci UNIT OF MEASURE -4 ..1 W W EA 1+.1 EA EA la lil 47 W W W lil W ri r1 .-1 N N H H rl N H H N H rl N ri N r1 H rl Ilnstall Water Service -Double Short with 1" meter and I 18e box(Iess than 50 ft) 1 2 0 F n ix Pig Lines, Flush and Pressure Test Pipe, 10" or 12" including installation of cannon and all fittings necessary Pig Lines, Flush and Pressure Test Pipe, 14" including installation of cannon and ail fittings necessary Pig Lines, Flush and Pressure Test Pipe, 16" including installation of cannon and all fittings necessary Install Concrete Thrust Block to Restrain Pipe or Fitting install Concrete Dead Mart with Tie Rods to Pipe or Fitting Being Restrained Install Stainless Steel Wet Tap Assembly w/gate valve - (run 4"-B" & branch 4"-8") and Tap Main Install Stainless Steel Wet Tap Assembly w/ gate valve - (run 10"-16" & branch 4"-r) and Tap Main Install Stainless Steel Wet Tap Assembly w/ gate valve - (run 10"-16" & branch 10"-12") and Tap Main Install Stainless Steel Wet Tap Assembly w/ gate valve - (run 16" & branch 16") and Tap Maln install and Remove Line Stop (complete) on 4" or smaller Main, includes Restraining Exist. Main Install and Remove une Stop (complete) on 6" Main, includes Restraining Exist. Main Install and Remove Line Stop (complete) on 8" Main incl. Restraining Exist. Main, Install and Remove Line Stop (complete) on 10" Main, 'includes Restraining Exist. Main Install and Remove Line Stop (complete) on 12" Main, includes Restraining Exist. Main Install and Remove Line Stop (complete) on 14" Main, includes Restraining Exist. Main Install and Remove Line Stop (complete) on 16" Main, includes Restraining Exist. Main n, install Water Service -Single Short with 3/4x5/8" meter and box (less than 50 ft) install Water Service -Single Short with 1" meter and box (less than Soft) install Water Service -Single Short with 2" meter and box (less than 50 ft) install Water Service -Double Short with 3/4x5/8" meter and box (less than 50 ft) O. X a a .-1 u v ri a v r1 to vi H a In ri Io sn H a r1 u ,.o 1-1 D 4-1 ro 1-1 a r1 u ri a rt a1 ri ... n . m .-1 a 'i u 10 196 M O O 197 r Melvin Bush Construction, Inc. 8 8 M N 8 O N V! 8 O N c} V1 8 aQq C N 8 O N V1 8 O N a Vl. S Opp V' V'5 8 O N P. l? S S .� .1? C? , O 171 .i V! 5190.00 o 0 N N 1? o S m N O t%1 m M N 0 0 N �7 �A 0 pp O N 4 N o O O N ,„j N S o9. po N •ei VF p 171 1A N $550.00' 8 O V1 U VL S O 111 171 V} 8 O LO Vl V1 S O O ID N 8 C O tD V4 $ IA f� V1 Blue Goose Growers, LLC dlbla Blue Goose Construction $375.00 8 N $525.00 Op O V�1 1S? N S gs� V1 C g 0 O8 tD Vr 0 1ca * 1 0 o1 ,, V1 O V/ 8O cV N 70 N N 0 N N O0 m V! 0 u01 ei N O . O N V1 6 epi V1 O 1O? V! S S V1 S N +? $250.00 S LA N W S O1�1l � i71 $325.001 8 O N UNiT OF MEASURE EA < W a W a W ¢ W a W a W a W a W T a W 6a W EA Wa a W a W a W a W 0 0 .-I N .-1 .-1 H r1 .-1 K N N el H N N N .-i r1 N N .i r1 N N M V N z 0 F a E2 LI M•c 0 j install Water Service -Double Short with 2" meter and box (less than 50 ft) install Water Service -Single Long with 3/4x5/8" meter and box (more than 50 ft) Install Water Service -Single Long with 1" meter and box (more than 50 ft) install Water Service -Single Long with 2" meter and 'box (more than 50 ft) Install Water Service -Double Long with 3/4x5/8" meter and box (more than 50 ft) Install Water Service -Double Long with 1" meter and box (more than 50 ft) Install 2" PVC Service Casing [Install 3" PVC Service Casing Install 4" NRS Resilient Seated Gate Valve or Butterfly Valve Install 6" NRS Resilient Seated Gate Valve or Butterfly Valve Install 8" NRS Resilient Seated Gate Valve or Butterfly Valve Install 10" NRS Resilient Seated Gate Valve or Butterfly Valve Install 12" NRS Resilient Seated Gate Valve or Butterfly Valve, including side gear operated Instal? 14" NRS Resilient Seated Gate Valve or Butterfly Valve, including side gear operated install 16" NRS Gear Operated Resilient Seated Gate Valve or Butterfly Valve, including side gear operated Remove and Relocate Fire HydrantAssemblyw/6" [tapping valve & sleeve install New Flre Hydrant Assembly w/ 6" tapping valve & sleeve p, 0 I- 3 3 0 c 10 3. x 12. Inspection of Fire Hydrant Assembly and repair if necessary L Raise/Extend Fire Hydrant 6 Inches 1 Raise/Extend Fire Hydrant 12 inches 1 Ralse/Extend Fire Hydrant 18 Inches Raise/Extend Fire Hydrant 24 inches Raise/Extend Fire Hydrant 36 inches Raise/Extend Fire Hydrant 48 Inches Install 1 JS" Water Air Release Valve Assembly w/ ARV, GV & manhole structure and cover, and Tap Main 1L' O' z .-1 00 00 N L 00 . 1 .'I ..-1 Y 00 N pp ...I to al .-I b o N V Qt r1 'p Dl H d Ol .-I ri M C1 N 10 O N L 0 N U O N O N 0 N 0 N 0 N 0 N 0 N 0 N H N M O O 197 en O 198 Melvin Bush11 . '. Construction, Inc. 0 . iA 00'SLO't$ 8 �88 . O N rj h pp V' N •N pp. st N iA 8 . O Al N 8 . O M H 8 . n 1A 8 . N VF 8 . n N 8 . O N IA 8 . '.D m IA 8 . N IA 8 . v t!1 •h 8 . Imo' N. N 8 .• IA {A 8 d O (. �y^ [A $425.00 4 . to 2 IA 8 . 0 M N 8 . M rn Blue Goose Growers, LLC d/b/a Blue Goose Construction OOqOOOOgQO 2Q4 IA y IA v Q to u H ti � 00'008$ H VN SS S S $ H S � v H Pi H ui ry ti O 16 v UNIT OF MEASURE. Q W Q W Q W Q W Q W I EA 1 Q W Q W Q W 4 W Q W Q W Q W Q W EA Q W< 6 LF LL J Q W d W _r F W Q B N N N .-/ .i H .-1 .i .-1 H r1 .-1 1-1 N .-1 .-i N a-1 N N N N z _ �. v' bl� W O Install 2" Water Air release Valve Assembly w/ ARV, GV & manhole structure and cover, and Tap Main Install 3" Water Air release Valve Assembly w/ ARV, GV & manhole structure and cover, and Tap Main Install 4" Water Air release Valve Assembly w/ ARV, GV & manhole structure and cover, and Tap Main Install Concrete Encasement 1 Test Holes/ Potholes Remove & Replace or Relocate Existing Meter Box & Meter and Tie Service Lines into Meter, Set All to Proper Grade Ilnstall 2" Blow -off Install or Replace Existing Service Meters w/ New 5/8" ix %" or 1" Meter Install or Replace Existing Service Meters w/ New 2" Meter Install or Replace Existing Service Meters w/ New 3" Meter Install or Replace Existing Service Meters w/ New 4" Meter Install or Replace Existing Service Meters w/ New 6" Meter Install or Replace Existing Service Meters w/ New 8" Meter Assemble & Install %"-2" Backflow Assembly and Certify Assemble & Install 3" Backflow Assembly and Certify Assemble & Install 4" Backflow Assembly and Certify b C a E N .1 g 5 2 in VV, , ca m To sco Ilnstall Temporary Jumper and Remove after FDEP Clearance Fill, pressure test, chlorinate, and flush water main, 4" through 8" Fill, pressure test, chlorinate, and flush water main,1.0" through 1.6" Install Sample Point per County Detail, Remove after FDEP Clearance Take Bacterial Sample / Deliver to Lab for Testing N N N •` M , NN N N VV to N to N N N N NNZ N N M y M en O 198 199 Melvin Bush Construction, Inc. 8 Op 8 ri N 8 O 8 m' N 0 0 un N 000000o 0 1D V► 0 n N 0 m N 0 O N.- N 0 ..-4N N 0 N N -00000000o 0 [H 1-1 N 0 V1 1-1 N 0 N V/ 0 lC N 0 n N 0 fT N 0 0 a -I N 0 r1 H N 0 Na ,i N 0 N N 0 0 N m N 0 0 (0 m N 0 0 00 m N 0 0 N 0 0 00 a N 0 0 N ul N Blue Goose Growers, LLC dlbla Blue Goose Construction $p O ulN N 8 O O .? 08 a NNNN Vf 8'0 IG n gSoin OC N C N N N .1 V? N N V? $13.501 888$8888 Ln NNN n OC VF O .-I V> N ei N f+{ ri N M N Vf 0 O a-1 VT 0 a(0 ei V! 0 ri VF 0 00 N N 0 a N V} 0 0 N V} UNt7 OF MEASURE W W J 1 J J J J J J J J J J J J J J J J J J J J H.-1 ma n a .-1 N el ri N ri mi ey e-1 ei vi aK ei rf N N a-1 ei .-1 .-4 .-1 .d ei .-i z 0 E E u dJ W 0 Install Simplex Sewage Grinder Pump Station (ABS Piranha, less than Shp) including connection to electrical, gravlty Inflow and 2" force main to County Receiving Main complete and ready for service Install Duplex Sewage Grinder Pump Station (ABS Piranha, equal or more than Shp) including connection to electrical, gravity inflow and 2" force main to County Receiving Main complete and ready for service Install 2" or 2-1/2" PE Force Main Install 3" PVC Force Main Install 4" PVC Force Main Install 6" PVC Force Main Install 8" PVC Force Main Install 10" PVC Force Main Install 12" PVC Force Main Install 14" PVC Force Main Install 16" PVC Force Main Install 3" DI Force Main Install 4" DI Force Main Install 6" DI Force Main Install 8" DI Force Main .1 G OO LL q❑ ON N (0 N C C .1 LL ❑ r1 f0 h E Install 14" DI Force Main 1Install 16" DI Force Main Install/Assemble 2" through 4" PVC or DI (Flanged or Push -on) Force Main and Concrete Saddles on Brldge Shelf Install/Assemble 6" PVC or DI (Flanged or Push -on) Force Main and Concrete Saddles on Bridge Shelf Install/Assemble 8" PVC or DI {Flanged or Push -on) Force Maln and Concrete Saddles on Bridge Shelf Install/Assemble 10" PVC or DI (flanged or Push -on) Force Main and Concrete Saddles on Bridge Shelf Install/Assemble 12" PVC or DI {Flanged or Push -on) Force Main and Concrete Saddles on Bridge Shelf Install/Assemble 14" PVC or DI (Flanged or Push -on) Force Main and Concrete Saddles on Bridge shelf WW •0 F Z m � m N m N m N m N m N m N m N N m m N m m m m m m m fcr1 m COm m m m m m m V m u61 cT m a m a m 199 O a m 8 200 Melvin Bush Construction, Inc. g 0 8 8 N 8 N 8 N 8 N 8 N 8 N 8 N $ .-4 N 0 '.j N 0 N 0 44 0 N 00'ooi:I$ 0 N 0 N 0 .-I N 0 .4 46 0 N 0 N Blue Goose Grower, LLC d/b/a Blue Goose Constnrctilon O Lo 46 0 cr) 46 0 at 4T 0 ID N Oepp i/� O N p0 V} $32.001 a8 O H N 0 H' N 80 u'i N N 80 M M N pq0 1� N Opp O e'1 N 00 �Q est N 00 00 N N pp0 .� ri N 0 0 N N 0 0.. N q 40 m N O 0OQ Vf o O .-i N LLLL re O D L.L. J LL J tl J LL J LF LL J LF LL J Q W EA l Q W Q4 U� d 4J W Q QQ Lil QQ W Q Q Qd I17 EST. QUANTITY 4-4 N 2 0a 0 W 0 Install/Assemble 16" PVC or DI (Flanged or Push -on) Force Main and Concrete Saddles on Bridge Shelf "Assemble 2" through 4" Welded Flange Steel Pipe Force Main for Placement on SS Bridge Hangers *Assemble 6" Welded Flange Steel Pipe Force Main for Placement on SS Bridge Hangers *Assemble 8" Welded Flange Steel Pipe Force Main for Placement on 5S Bridge Hangers *Assemble 10" Welded Flange Steer Pipe Force Main for Placement on SS Bridge Hangers 'Assemble 12" Welded Flange Steel Pipe Force Main for Placement on SS Bridge Hangers *Assemble 14" Welded Flange Steel Pipe Force Main for Placement on 55 Bridge Hangers *Assemble 16" Welded Flange Steel Pipe Force Main for Placement on 55 Bridge Hangers Install Sanitary Sewer Manhole 4' Dia. (0'-<8' Cut) Install Sanitary Sewer Manhole 4' Dia. (8'-c12' Cut) Install Sanitary Sewer Manhole 4' Dia. (12'-<16' Cut) J Install Sanitary Sewer Manhole 4' Dia. (16'-20' Cut) Remove and Dispose of Sanitary Sewer Manhole 4' Dia. (0'-<8' Cut) Remove and Dispose of Sanitary Sewer Manhole 4' Dia. (8'-<12' Cut) Remove and Dispose of Sanitary Sewer Manhole 4' Dia. (12'-<15' Cut) Remove and Dispose of Sanitary Sewer Manhole 4' Dia. (16'-20' Cut) Install Sanitary Sewer Manhole 5' Dia. (0'-<8' Cut) Install Sanitary Sewer Manhole 5' Dia. (8'-<12' Cut) Install Sanitary Sewer Manhole 5' Dia. (12'-<16' Cut) Install Sanitary Sewer Manhole 5' Dia. (16'-20' Cut) Ln v O L C 10 i N U 0 w H Y v L V O a 10 Cr 0 1Remove and Dispose of Sanitary Sewer Manhole 5' Dia. (8'-<12' Cut) wO F- 2 a m an m m m 41) m in m N m 41) m m m m m w m n m n m n m n m a m opo m 0:3a;& m m m m O a m 8 200 201 r $682.00 $420.001 , Mehrin Bush Construction, Inc. $900.00 8 en .4 OO m N R .-1 +- O .4 0 O VT 0O 0 N V< Nto y $900.001 S 2 .4 O p N $2,850.001 C000 O Cel V! a N ID N N 00'08b$ $600.00 q p N ur co LEI m O C V! 00'009$ 1' 8O N 1/1. Blue Goose Growers, LLC dlbla Blue Goose Construction 0 6666 N .4 VT 0 v1 e-1 VT 0 *0 .4 VT 0 O N N 0 O O M VT O O O Q VT S 666 O N S 0 .4 In. 8 w ay VT 8 N N 8 8 .-1 VT O 8 •13 .4 LT O § N' VT N VY 2 lm>•I in N M 1 102 * V! O r w 8 C 4 r..urp 8 ('4 + 8 r4 tito. 8 n vii UNIT OF MEASURE w w 6 6 W LSI w 6 WWWWWtWW W Lal its w W W W EST. QUANTITY .-1 .-1 .-1 .-1 .-1 .-i e / 4 .-1 .-1 .-1 H ei ati N .-t ei .4 N .ti .-I e-1 .a OI 2 O Remove and Dispose of Sanitary Sewer Manhole 5' Dia. X12' <16' Cut] Remove and Dispose of Sanitary Sewer Manhole 5' Dla. 116'-20' Cut► Install Sanitary Sewer Manhole 6' Dla. (0'-<8' Cut) Install Sanitary Sewer Manhole 6' Dia. (8'-<12' Cut) Install Sanitary Sewer Manhole 6' Dia. (12'-<16' Cut) Install Sanitary Sewer Manhole 6' Dia. (16'-20' Cut) Remove and Dispose of Sanitary Sewer Manhole 6' Dia. Cut) Remove and Dispose of Sanitary Sewer Manhole 6' Dia (8'-<12' Cut) Remove and Dispose of Sanitary Sewer Manhole 6' Dia (12' <l6' Cut1 Remove Dispose of Sanitary Sewer Manhole 6' Dia. (16'-20 Cut) Replace outside/inside drop with Inside drop on xistin manhole 6" gravity sewer e g Replace outside/inside drop with inside drop on e g m xistin anhole W' ravitysewer Replace outside/lnside drop with inside drop on existing manhole 10" or 12" gravity sewer tApply Two Coats of interior Epoxy Coating to Sanitary l APV Manhnio 4' Dia. (d - <8' Cutl r f0 re C a N 2 00 C a`+ v n w o 1 c d 0 1 4 a V El p ? p [ p. .1 n . a 4 c Apply Two Coats of Interlor Epoxy Coating to Sanitary or ARV Manhole 4' Dia. (12' - <16'1 Apply Two Coats of Interior Epoxy Coating to Sanitary or ARV Manhole 4' Dia. (16' - 20'1 Apply Two Coats of Interlor Epoxy Coating to Sanitary 0rARV Manhole 5' Dia (0' -<8' Cut) Apply Two Coats of Interior Epoxy Coating to Sanitary or ARV Manhole S. Dia. (8' - <12') ApplyTwo Coats of Interior Epoxy Coating to Sanitary or AAV Manhole S' Dia. (12' - <16') Apply Two Coats of Interior Epoxy Coating to Sanitary or ARV Manhole 5' Dia. (16' 20') Apply Two Coats of Interior Epoxy Coating to Sanitary Manhole 6' Dia. (0' - <8' Cut} Apply Two Coats of Interior Epoxy Coating to Sanitary Manhole 6' Dia. (8' - <12') r z m m L� v u 0 *0 W a a 00 a .0 .-i 10 v -0 a u a 10 m .0 a u a v a 1a I o I `� 11 v v I vl°i a vii v 201 N rcrO O 202 Melvin Bush Construction, inc. 8 in 8 it 0 0 tt0 H N v 0 Vs u N V o 0 CO R1 N 0 0 "V�}}' iA 0 00 Vl Q 0 0 0 fmfmff''1� to o 00 M i4A o 0 N.N. H 0 0 cot�} N 0 00} to 0 oQ0 rV tti N 0 v0� m nA i 0 0 N 0 �0p VT $24.00 0 Lf; 1r01 V . 0 0 qb t.4 0 0 N o 0 N v 0 Vml o 0 iA~ 0 t00 V1 Blue Goose Growers, LLC dlbla Blue Goose Construction $792.00 8 [V O Of N 8 O O N N N 8 O co co c N 8 d O 1l1 N N 8 d O l0 M N 8 O O M .4 N o o O ei N N O O O 10 Ni N 8 O O r- M N O o O a .4 N O O O N N N o o O O n N N O O co r M iA O !V ei N 0 ui H IA o o C N N O CI R1 V> 0o m ri N cc r' rl V} .-i N N O e1 M N O ei N O Oi .i N UNIT OF MEASURE W w 6 6 w n uai n un W n n n 6 5 5 `S `S `J` 5 5 5 5 5 Mv-1 a. .-1 v-1 r1 .'i .-f rl ei .-4 rl .-i v-1 e-1 el ri .-1 . i ri vi .4 .4 ri 4-1 rl z O FY p o AMP Apply Two Coats of Interior Epoxy Coating to Sanitary Manhole 6' Dia. (12' - <16') Apply Two Coats of Interior Epoxy Coating to Sanitary Manhole 6' Dia. (16' - 20') Install Fiberglass Liner in Sanitary Manhole 4' Dia. (0'- <8 Cut) Install Fiberglass Liner in Sanitary Manhole 4' Dia. (8'- <12' Cut) Install Fiberglass Liner in Sanitary Manhole 4' Dia. (12'- <16' Cut) Install Fiberglass Liner fn Sanitary Manhole 4' Dia. (16'- 20' Cut) Install Fiberglass Liner In Sanitary Manhole 5' Dia. ((/- <8' Cut) Install Fiberglass Uner in Sanitary Manhole 5' Dia. (8'- e17' Cuti v {p O in _y o c m i : 7 VI" h CO `D a i = 1 — U 1 jag is.13 C V Install Fiberglass Liner in Sanitary Manhole 5' Dla. (16'- l<20' Cut) Install Fiberglass Liner in Sanitary Manhole 6' Dia. (0'- <8' Cut) Install Flberglass Liner in Sanitary Manhole 6' Dia. (8'- <12' Cut) install Fiberglass Uner in Sanitary Manhole 6' Dia. (12'- <16' Cut) :° f0 o iD N 75 . c m 2• c 5 m ilD a .-- LE 5 i p C V N 0 10/1 .5u u Y It 0 0 3 N Z' 2 B1 C install Gravity Sewer / 8" PVC (8'-<12' Cut) SDR 26 install Gravity Sewer / 8" PVC (12'-<16' Cut) SDR 26 Install Gravity Sewer / 8" PVC (16'-20' Cut) SDR 26 50a I Install Gravity Sewer / 10" PVC (4'-<8' Cut) SDR 26 50b Install Gravity Sewer / 10" PVC (8'-<12' Cut) SDR 26 50c Install Gravity Sewer / 10" PVC (12'-<16' Cut) SDR 26 N K 10/1 1'•''j b `° u 3 o N > C FO I51a install Gravity Sewer / 12" PVC (4'-<8' Cut) SDR 26 51b install Gravity Sewer / 12" PVC (8'-<12' Cut) SDR 26 W' !- 0 U in a v m v 9 `.i U a 'a7 `� CO v 9 v u a 1 .0 vOD m 9 u v 13 v m a .0 v u v 13 a N rcrO O 202 .m-4 M 8 203 A Melvin Bush Construction, Inca O0 O 4o N VT 8 ad m V1 0 v .i /h 0 0 Op ci N 0 0 v N N 0 0 at; RI V? 0 0 co .i H 0 0 171 .i h 0 o 1A N N 0 o r+ m N 0 o r .-I M 0 Q o N Vi 0 O 1D N VT 0 o OG C11 tn. 0 O O N 0 o 8 0 O N ;[ vs 0 O N 0 o 8 0 O 4n ih 0 O 8 VI 0 O vi V1 0 o u� A 0 o p Oc.si .y .n1 0 o p O w O o p 8 ..j V? O p S 8 ..ut i V1 0 q o M h Blue Goose Growers, LLC d/b/a Blue Goose Construction 8 Cf N VF 8 Iri M V4 888888 tri H" VI P H U1 N N C O N o IN V4 v N un 8 I 8t88 IV . 0 VF V? 8 1.�4 �? 8 I. N 8 a N 8 44 a 8 a 8 ri - 8 qp �f1 f4 8 8 pp N N 8 .ri an 8 ri 8 o 4- V1 8 Qp V) 8 V) 8 aQ ...j N 8 ¢ y,� UNIT OF MEASURE 5 J J J J J J a J LF J J J J J U. LF LF 1W J J J ra] UJ y] co z W a c-1 .-1 .4 ci .-1 .I .i ri .-1 .i s -I .-4 c -I ai -I -4 .-I .i e4 .-4 .-1 .-1 .i r -I .-1 1-1 .-4 ci o P re 0 111 install Gravity Sewer / 1Y PVC (12'-<16' Cut) SDR 26 Install Gravity Sewer / 12" PVC (16'-20' Cut) SDR 26 install Gravity Sewer / 8" 0i (4'-<8' Cut) SDR 26 Install Gravity Sewer / 8" DI (8'-<12' Cut) SDR 26 tr. N 0 N U Y [V a to 1 m 01 V1 I install Gravity Sewer / 8" 01(16'-20' Cut) SDR 26 Install Gravity Sewer/ 10" DI (4'-<8' Cut) SDR 26 4 Install Gravity Sewer / 10" DI (8'-<12' Cut) SDR 26 N Y LJ *Co y �y 0 to \ N Z- Ln. to N ce D N = V N 0 O \ w_p w Install Gravity Sewer/ 12' DI (4'-<8 Cut)SDR 26 Install Gravity Sewer / 12' DI (8'-<12' Cut) SDR 26 Install Gravity Sewer / 12' Dl (12'-<16' Cut) SDR 26 Install Gravity Sewer/ 12" DI (16'-20' Cut) SDR 26 1 Install 6" Sewer Service Lateral -Single (0'-T) SDR 26 Install 6" Sewer Service Lateral -Double (0'-71 SDR 26 Install 6" Sewer Service Lateral -Single (> T) SDR 26 Install 6" Sewer Service Lateral -Double (> T) SDR 26 u d c c to 2 c o 0 c m a 4 y ci N Q C = IO y O _ 83 cow m o .c m c N N 3 z N m c r ie WD c 0 h Gravity Sewer Tap - Single Residential Service —4"-8" Includes installation of Cleanouts, "y" and sleeves Install 2' Polyethylene FM Sewer Service with Tapping Saddle.Valve and Check Valve install 2 X" PVC FM Sewer Service with Tapping Saddle, Valve and Check Valve Replace Existing 2" Sewer Air Release Valve Assembly Install 2" Sewer Air Release Valve Assembly w/ ARV, Valve & manhole Structure Replace Existing 4" Sewer Air Release Vatve Assembly Install 4" Sewer Air Release Valve Assembly w/ ARV, Valve & Manhole Structure Raise/Lower ARV Manhole in Pavement 1" — 6" 2 • fil Z u N v all (ro -1 N .4 in N 111 N to m •A m V1 LA m U1 m IA (0 v LA LA ft 4l% ) LA (0 to .0 ui (/1 In IA N N In VI r. N CO IA Vl VI (pp lU I p� lD o tD 1 lo ID .m-4 M 8 203 204 MeMn Bush Construction, Inc. 8 SS W S 1fp sT SOS O pp V7 S N N 1 OS'ES N N S 4" N {MR LI0 N V 0 irl 8 Lri A11-1 A N N P N Si N 8 VST < in 01 t? Op im/? E', t? S N Blue Goose Growers. LLC d/b/a Blue Goose CQnstnrcttoa P S co S O .. N loo oos 8 N 8 8 ea N / N 8S N• H H S S 88 o N 8 N 8 N S N O S 4/ oSOSO N N N M h O11- a mW Z a Dw D g u7 4] W 6J LF U U U O ti O 1- O r 0 1- Ton 0 - I- �jj J J J LL J LL J LF Q "' EST. QUANTITY ..-1 N .1 e1 .- e1 .-1 .-I .l .-I e1 .-1 .1 .-1 r1 .-1 c-1 .i .-I I-1 .i .-1 .E -I .a .-1 2 0 E a U CO 0 Raise/Lower ARV Manhole In Pavement >6" to 12" RaIse/Lower ARV Manhole in Pavement >12" to 24" Raise/Lower ARV Manhole in Grass Area 1"-6" Raise/Lower ARV Manhole In Grass Area >6" to 12"j Raise/Lower ARV Manhole In Grass Area >12" to 24" Fence Installation, Removal and/or Replacement— Chain Unk up to 6' tall Fence Installation, Removal and/or Replacement— Wooden up to 6'tall install & Compact Select FII from Outside Sources (Road Basel install & Compact Select Fill from Outside Sources (Foundation Bedding) Removal and Disposal of Unsuitable Material (i.e., muck) Saw Cut, Remove and Dispose of Asphalt Install Asphalt Cement Overlay -Type SP -9.5 A.C. over Existing Pavement or Compacted Base Install Asphalt Cement Overlay -Type SP -12.5 A.C. over Existing Pavement or Compacted Base Install Asphalt Cement Pavement Replacement over fuli trench width including Base and Sub -Grade Compacted to County Specifications Remove, Dispose of and/or Replace Rock Base Course, Compacted to County Specifications Remove, Dispose of and/or Replace Stabilized Sub - Grade Course, Compacted to County Specifications Install a Repair or Replacement of a Sand/Shell Street Surface damaged or removed during construction, up to 6" thick Paint Aerial Pipe Crossings per manufacturer's specifications with correct primer and surface coating(s), ail sizes Install Thermoplastic — 6" Solid White Install Thermoplastic — 12" Solid White (Crosswalk) V CD CDO. O H 41 7. �R N 1 u m O. oo € a r .444 h C 1lnstall Thermplastic — 6" Solid Yellow g d a d O 0 io 1 9 N m 0. € a H c c 1Install Thermoplastic— 6" Skip Yellow j Install SS Bridge Hangers on Concrete Bridge ,...• µl 1– 2 . to ,.J to v to t0 4- .- to m N 90 .0 ry to 1 CO M b .0 m to m to – -0 t0 t0 m n to .0 n to U 1'-. t0 b — m p 1.. - � O u O 8 0 �t O 6 n 204 205 Melvin Bush Construction, Inc. e 8 H 88 N V) .8 4 8 V 8 i4 0 Vt 8 u �.. VT tp�pp8ul YA N 08888" an N in i? in 8 t�i1 8 y 888 N N. nice!? 8 tl i mp V! O s? 8 an 0 N N Blue Goose Growers, -j LLC dlbla Blue Goose JII Construction p8 Q 0 u�j U? O N 8 VF O V) 00 N h 0 .�-1 i1 0 1 N Vt• 8 .g-4 VF lD N VF e8 7 2 .�•1 VF 8 N VS 8 -4 44 1°11 �.-1 44 88 U 8, fnA 8 MI +n ° 44 44 8 VY 8 VS 8 inn 8 N _ 8 1�/1 8 in Vf N V► ullf lin $80.00 O WI U. m E w w J LL LF LF 5 J v) w AS U F' U` N V}f w IA Z MI a rl ri rl ei .-1 ri N .i N H H .-1 .1 c-1 ri e1 ri el ri r1 .i 1-1 N .-4 I-1 M ri .1 r1 N z 0 P a re 0 N W O Install Concrete Saddles on Bridge Shelf for PVC, DI or Steel Aerial Flanged Pipe Construction or Steel Welded Flanged Pipe Placement _- Remove Utility Straps on Aerial Crossing Saddles Install Utility Straps on Aerial Crossing Saddles Remove and Replace Guardrail Remove and Dispose of Concrete Curb & Gutter (All Types) Install -Type '0' Concrete Cement Curb (FOOT Index 300) Install -Miami Gutter/ 2' Wide Curb (FOOT Index 300) Install -Type 'F' Concrete Cement Curb (FOOT Index 300) Install -Concrete Cement Valley Gutter (FOOT Index 1300) Install Gravity Wall (FDOT Index 520) Install Handrail (FOOT Index 520) Remove Brick Paver Driveway install Brick Paver Driveway Remove Concrete Driveway install Concrete Driveway Remove Gravel Driveway Install Gravel Driveway 0 co InstaII 4" Concrete Sidewalk Install 6" Concrete Sidewalk _ Tree & Stump Removal & Disposal, Per Inch Diameter, Each Tree Clear and Grub c VX !Load and Haul Debris to Landfill Remove and Properly Dispose of Asbestos Concrete Pipe or Material using Certified Contractor Remove, Properly Store and Properly Dispose of Contaminated Soils, Drilling. Mud, Etc. using Certified Environmental Contractor Lawn Restoration (Topsoil & Sod) Includes Watering Lawn Restoration (Seed and Mulch) Includes Watering 'Density Test and Proctor Well Point Dewatering Set Up, Tier Depth up to 25', (Minimum 30' X 30' Work Area) F Z N n M n n V1 n fC n d n u n n N n n n m l` 10 n A en r. u on n Oa1Q�t n n Q� Obi �0 n o� O 00 .-i 00 N au In w et o0 Nin 00 00 00 n a0 m 00 205 4.1 to 0 •0 7 a 0 an a c E LC - 0 to 2-.) 20 0 F C m 0 • (0 ro v y v. 0" t7 aLy C �° w b N O O 0 E pro 9 `1 041J E 0 C ia 0 g N V Y wv := E rC .._-„Y, c a 7a O p„ a Ua• al C G p R y 'a 7 = a y O @ 00 c •+ 4-0 V C ✓ L O G '0 a b 0 li R C N v X. vi C 0 C C E fp '4 U Q c ' c °c a aE E to y aa+D O t Q C �0 D c C O p 0- E C O a. m N a U 0o N 0 t .c1 O M o ,_0 'a m ro 0_ E c 1Ma N = C ■ a C0 TO+ r E Qo. 2 a G c a$CL H E o0-5 z .a� m 7 - NE+ Q :i o ■ 3 a a O c yc 0 8 m c 3 r N o n a w m iia ! r E c -.5 w, $ E 0 N vE a m E C `0 rp 7 a o pm a „ o ,V,Z ,R E n co c a. m 0 a+ Y. p� N Y C a LL o °' : a 7�' n 0 SI `0. w o d C Y c o oa v a c ig 7 § O a C •0 r g 8 ER �a73 E 70- 0 ). f:,, w° 'a C h C t o O N t roee i .0 ..p .„,a, . a 0 O .1 Y a N Q` L C o :. E E • a c H O r ta.�O • p dE F L 0 O x ; E a N a p De 73 a� L. a -o tLI o a , 00 0 ~ .O ` L a) C W C 'D R a1 c a c o' c ' >3 O L r N O O . v N .0 t+ — E f0 a ccpp v C 7 E 0 + n 3 p`ayy{7 O EE C E C Ca 0. 4G 1 _ `c . s a a ._ ¢z cc `o c ai - T'-' 4� a 0 . a+ 2`ax1: a.' /13Z • v» d • o • .0 `c • 3 tement Under the Flort C 0 to g W 0) y O •0 a .0 a N r T E w 0 c Y se VGs o a7 .x 0a ro ro 0. ro 'o � c 00 U an a1 II /i 0 N 7 o :+L- C C 7 t0 0 E { t 6 'a a 'p t E G' a> 0 ,_ 0 0 ro Nc J a N 0 0 206 Not Included in Total Amount of Bid To H C ro ro to a/ 'CS O 7 C 0 o E Z a g 1- c C Lt:, a v p , 7 V C C O Z < Not Included in Total Amount of Bid Melvin Bush Construction, Inc. 8 pp ' 4? OOp VT 4 4/1 p 8 w-1 VL 'nO H est '-1 to .41: 1'1 d IN to it) 01 d0 '1 v N VI- � 0 c • 0- 0 7 0 Z 4 Not included in Total Amount of Bid Blue Goose Growers, U..0 d!bfa Blue -Goose Construction 8 8 8 o O o u cqq 111 8 v $183,343.60 g $18,334.36 m I.0 O 0 N Not Included In Total Amount of Bid 'Not included in Total Amount of Bid UNIT OF MEASURE EA s x z ix n SUBTOTAL OF BID ITEMS 1-90 ABOVE at I 1 Amount of Mobilization,Demoblization, Maintenance and Protection of Traffic TOTAL BID (Sum of Items 1-91 Above) Go Ul j a '+ . 1 r, .� ti ti .a % of Subtotal of Items 1-90 Above % of Total Labor Amount u t 0 ~ z.0 G. rE 07 01 well Point Dewatering, Additional Points Needed for7 Larger Area or Linear Work Furnish Vehicle for Small to Medium Material Pick-up and Delivery, Documents, etc. for Protect Furnish Vehicle and Trailer for Pick-up and Delivery of Large and/or Heavy Materials Furnish Backhoe or Similar Equipment for Loading and Unloading Materials Furnish Labor per man-hour for Vehicle for Plck-Up and Delivery, etc. Furnish Labor per man-hour for Equipment Operator for Loading/Unloadl�Materials, etc. Record Drawings per IRCDUS Standards, See Section 01025 for Price to be used for Each Work Authorization** Mobilization, Demobilization, Maintenance and Protection of Traffic Contractor Reimbursement for Public Construction Bond for Total Labor Amount Greater Than $100,000.00 Contractor Mark-up on Crane or Other Specialized Equipment Rental, Percent of Actual Cost from Invoice (Le., for lifting and plating Di or Steel Flanged pipe off of/onto bridge shelf) EO Q o�ppp rn 00 WI ICI m 00 rn 00 rn 00 011 c I NI cn el ° 1 Ch ° m 4.1 to 0 •0 7 a 0 an a c E LC - 0 to 2-.) 20 0 F C m 0 • (0 ro v y v. 0" t7 aLy C �° w b N O O 0 E pro 9 `1 041J E 0 C ia 0 g N V Y wv := E rC .._-„Y, c a 7a O p„ a Ua• al C G p R y 'a 7 = a y O @ 00 c •+ 4-0 V C ✓ L O G '0 a b 0 li R C N v X. vi C 0 C C E fp '4 U Q c ' c °c a aE E to y aa+D O t Q C �0 D c C O p 0- E C O a. m N a U 0o N 0 t .c1 O M o ,_0 'a m ro 0_ E c 1Ma N = C ■ a C0 TO+ r E Qo. 2 a G c a$CL H E o0-5 z .a� m 7 - NE+ Q :i o ■ 3 a a O c yc 0 8 m c 3 r N o n a w m iia ! r E c -.5 w, $ E 0 N vE a m E C `0 rp 7 a o pm a „ o ,V,Z ,R E n co c a. m 0 a+ Y. p� N Y C a LL o °' : a 7�' n 0 SI `0. w o d C Y c o oa v a c ig 7 § O a C •0 r g 8 ER �a73 E 70- 0 ). f:,, w° 'a C h C t o O N t roee i .0 ..p .„,a, . a 0 O .1 Y a N Q` L C o :. E E • a c H O r ta.�O • p dE F L 0 O x ; E a N a p De 73 a� L. a -o tLI o a , 00 0 ~ .O ` L a) C W C 'D R a1 c a c o' c ' >3 O L r N O O . v N .0 t+ — E f0 a ccpp v C 7 E 0 + n 3 p`ayy{7 O EE C E C Ca 0. 4G 1 _ `c . s a a ._ ¢z cc `o c ai - T'-' 4� a 0 . a+ 2`ax1: a.' /13Z • v» d • o • .0 `c • 3 tement Under the Flort C 0 to g W 0) y O •0 a .0 a N r T E w 0 c Y se VGs o a7 .x 0a ro ro 0. ro 'o � c 00 U an a1 II /i 0 N 7 o :+L- C C 7 t0 0 E { t 6 'a a 'p t E G' a> 0 ,_ 0 0 ro Nc J a N 0 0 206 CONTINUING CONTRACT AGREEMENT BETWEEN OWNER AND CONTRACTOR CONSTRUCTION OF. WATER, SEWER AND RECLAIMED WATER LINE REPLACEMENTS/EXTENSIONS AND MISCELLANEOUS ANNUAL REQUIREMENTS LABOR CONTRACT INDIAN RIVER COUNTY BID NO. 2015001 UTILITIES PROJECT NO. UCP#4103 THIS CONTINUING CONTRACT AGREEMENT for UTILITIES LABOR AND CONSTRUCTION ("Agreement or "Master Agreement"), entered into as of this day of , 2014 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, ("COUNTY"), and ("CONTRACTOR"). BACKGROUND RECITALS: A. Through the competitive bid process, the COUNTY has selected CONTRACTOR to provide certain labor services relating to utilities installation and repair ("Services") as more fully set forth in Exhibit 1 (Contractors Bid Form) attached to this Agreement and made a part hereof by this reference in connection with various utility installations and repairs to COUNTY owned and operated facilities ("Project"). B. As part of the competitive bid process, the COUNTY issued an Invitation to Bid (2015001) dated July 14, 2014. C. The proposed work consists of various water transmission and distribution, wastewater collection and reclaimed water transmission system improvements as specified in each of the Owner's individual Work Authorizations issued throughout the life of the Contract. The work may include after hours and emergency work. All material (furnished by COUNTY) and all equipment furnished (by CONTRACTOR) and all work performed (by CONTRACTOR) shall be in strict accordance with the Indian River County Department of Utility Services Water & Wastewater Utility Standards dated March 2014, or latest edition, which may be obtained at no cost online from the Indian River County Utilities Department web site. The work is generally located in Indian River County in the Urban Service Area, although transmission utilities are located outside of this boundary. D. The CONTRACTOR is willing and able to perform the Services for the COUNTY on the terms and conditions set forth below; and E. The COUNTY and the CONTRACTOR wish to enter into this Agreement for the Contractor's Services for the Project. NOW THEREFORE, in accordance with the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 0530-1 F:1UtiIitieslUTlLITY - Engineering'Projects - Utility Construction Permits \ RC - LABOR CO NTRACT_REVISED FOR 2014\00530 General Agreement.doc ATTACHMENT 2 207 1. GENERAL. 1.1 All construction services provided by the CONTRACTOR for the COUNTY shall be identified in Work Authorizations and performed in a timely, efficient, cost effective manner. Work Authorizations shall include a description of services to be performed; a statement of fees; a schedule of deliverables; proposed schedule for compensation and whether compensation is lump sum maximum amount not to exceed task based, or any combination of the foregoing; a budget establishing the amount of compensation to be paid with sufficient detail so as to identify all of the various elements of costs; and any other additional instructions or provisions relating to the specific Services authorized pursuant to each Work Authorization that does not conflict with the terms of this Agreement. 1.2 Whenever the term "Work Authorization" is used herein, it is intended to mean that formal document that is dated; serially numbered; and executed by both the COUNTY and the CONTRACTOR by which the COUNTY accepts Contractor's proposal for specific services and CONTRACTOR indicates a willingness to perform such specific services for the terms and under the conditions specified in this Agreement. Each Work Authorization must be fully executed by the COUNTY. 1.3 Services related to any individual Work Authorization which would increase, decrease or which are otherwise outside the scope of Services or level of effort contemplated by a Work Authorization shall be Services for which the Contractor must obtain the prior written approval of the COUNTY as provided by this Agreement. Ail terms for the performance of such Services must be agreed upon in a written document prior to any deviation from the terms of a Work Authorization, and when properly authorized and executed by both the CONTRACTOR and the COUNTY shall become an amendment to the Work Authorization or a new Work Authorization, at the sole option of the COUNTY. 1.4 A Work Authorization shall not give rise to any contractual rights until it meets the foregoing requirements. Each specific Work Authorization, as approved by the COUNTY, shall be an addendum to this Agreement. Nothing contained in any Work Authorization shall conflict with the terms of this Agreement, and the terms of this Agreement shall be deemed to be incorporated in each individual Work Authorization as if fully set forth therein. 1.5 It is the intent of the COUNTY to enter into Agreements with two qualified contractors. Work Authorizations will be issued to Contractors based on the lowest cost, as determined by submitted line item bid and the work required for that specific project. In the event of a tie, the Contractor which submitted the overall lowest total bid price will be issued a Work Authorization. In the event the CONTRACTOR declines a Work Authorization due to workload, the Work Authorization will be offered to the other awarded CONTRACTOR. No representation or guarantee is made by Indian River County as to the minimum or maximum dollar value, volume of work, or type of work, if any, that CONTRACTOR will receive during the term of this Agreement. 0530-2 F_\UtilitiesltJTILITY - Engineering1Projects - Utility Construction Permits11RC - LABOR CONTRACT REVISED FOR 2014/00530 General Agreementdoc 208 1.6 The Background Recitals are true and correct and form a material part of this Agreement. 2. COUNTY OBLIGATIONS. 2.1 The COUNTY will provide the CONTRACTOR with a copy of any preliminary data or reports available as required in connection with the work to be performed under this Agreement, together with all available drawings, surveys, right-of- way maps, and other documents in the possession of the COUNTY pertinent to a Project. The CONTRACTOR shall satisfy itself as to accuracy of any data provided. The CONTRACTOR is responsible for bringing to the COUNTY's attention, for the COUNTY's resolution, material inconsistencies or errors in such data that come to the CONTRACTOR's attention. 2.2 The COUNTY shall arrange for access to, and make provisions for the CONTRACTOR to enter upon public and private property (where required) as necessary for the CONTRACTOR to perform its Services, upon the timely written request of CONTRACTOR to COUNTY. 2.3 The COUNTY shall promptly execute all permit applications necessary to the Project. 2.4 The COUNTY shall examine any and all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the CONTRACTOR, and render, in writing, decisions pertaining thereto within a reasonable time. 2.5 Services furnished under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. The CONTRACTOR shall be and shall remain liable in accordance with all applicable laws for all damages to the COUNTY caused by the negligent performance by the CONTRACTOR of any of the Services furnished under this Agreement. 2.6 The'COUNTY reserves the right to appoint one or more Project Managers for the specific Services in connection with any Work Authorization, however there will be only one Project Manager per Work Authorization. The Project Manager shall: (a) act as the COUNTY's agent with respect to the Services rendered hereunder; (b) transmit instructions to and receive information from the CONTRACTOR; (c) communicate the COUNTY's policies and decisions to the CONTRACTOR regarding the Services; and (d) determine, initially, whether the CONTRACTOR is fulfilling its duties, responsibilities, and obligations hereunder. 2.7 The COUNTY shall give prompt written notice to the CONTRACTOR whenever the COUNTY observes or otherwise becomes aware of any development that affects the timing or delivery of the CONTRACTOR's Services. If the CONTRACTOR has been delayed in completing its Services through no fault or negligence of either the CONTRACTOR or any Subcontractor, and, as a result, will be unable to perform fully 0530-3 F:1Utilities\UTIL4TY - Engineering\Projects - Utility Construction PermitsMIRC - LABOR CONTRACT REVISED FOR 2014\00530 General Agreement.doc 209 and satisfactorily under the provisions of this Agreement, then the CONTRACTOR shall promptly notify the Project Manager. In the COUNTY's sole discretion, and upon the submission to the COUNTY of evidence of the causes of the delay, the Work Authorization shall be modified in writing as set forth in this Agreement, subject to the COUNTY'S rights to change, terminate, or stop any or all of the Services at any time in accordance with this Agreement. 2.8 The CONTRACTOR shall not be considered in default for a failure to perform if such failure arises out of causes reasonably beyond the CONTRACTOR's control and through no fault or negligence of the CONTRACTOR. The parties acknowledge that adverse weather conditions, acts of God, or other unforeseen circumstances of a similar nature, may necessitate modifications to this Agreement. If such conditions and circumstances do in fact occur, then the COUNTY and CONTRACTOR shall mutually agree, in writing, to the modifications to be made to this Agreement. 3. RESPONSIBILITIES OF THE CONTRACTOR. 3.1 The CONTRACTOR agrees to perform all necessary utilities labor and construction services in connection with the assigned Project(s) as set forth in the Work Authorizations and in this Agreement. 3.2 The CONTRACTOR will endeavor not to duplicate any previous work done on any Project. Before execution of a Work Authorization, the CONTRACTOR shall consult with the COUNTY to clarify and define the COUNTY's requirements for the Project. 3.3 The CONTRACTOR agrees to complete the Project within the time frame specified in the Work Authorization. 3.4 The CONTRACTOR will maintain an adequate staff of qualified personnel. 3.5 The CONTRACTOR will comply with all present and future federal, state, and local laws, rules, regulations, policies, codes, and guidelines applicable to the Services performed under this Agreement. 3.6 The CONTRACTOR, as a part of the consideration hereof, does hereby covenant and agree that: (1) in connection with the furnishing of Services to the COUNTY hereunder, no person shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in regard to the services to be performed by CONTRACTOR under this Agreement on the grounds of such person's race, color, creed, national origin, religion, physical disability, age or sex; and (2) the CONTRACTOR shall comply with all existing requirements concerning discrimination imposed by any and all applicable local, state, and federal rules, regulations, or guidelines, as such rules, regulations, or guidelines may be from time to time amended. 3.7 The CONTRACTOR shall, during the entire term of this Agreement, procure and keep in full force, effect, and good standing any and all necessary licenses, 0530-4 F:1UtilitieskUTILITY - Engineering%Projects - Utility Construction Permits1IRC - LABOR CONTRACT REVISED FOR 2014/00530 General Agreement.doc 210 registrations, certificates, permits, and any and all other authorizations as are required by local, state, or federal taw, in order for the CONTRACTOR to render its Services as described in this Agreement. The CONTRACTOR shall also require all Subcontractors to comply by contract with the provisions of this section. 3.8 The CONTRACTOR will prepare all necessary sketches and completed application forms to accompany the COUNTY's applications for any required federal, state, or local permits. 3.9 The CONTRACTOR will cooperate fully with the COUNTY in order that all work may be properly scheduled and coordinated. 3.10 The CONTRACTOR will cooperate and coordinate with other COUNTY Contractors, as directed by the COUNTY. 3.11 The CONTRACTOR shall report the status of the Services under this Agreement to the COUNTY Project Manager upon request and hold all drawings, calculations and related work open to the inspection of the COUNTY Project Manager or his authorized agent at any time, upon reasonable request. 3.12 All documents, reports, tracings, plans, specifications, field books, survey notes and information, maps, contract documents, and other data developed by the CONTRACTOR for the purpose of this Agreement, are and shall remain the property of the COUNTY. The foregoing items will be created, maintained, updated, and provided in the format specified by the COUNTY. When all work contemplated under this Agreement is complete, all of the above data shall be delivered to the COUNTY Project Manager. 3.13 The CONTRACTOR agrees to maintain complete and accurate books and records ("Books"), in accordance with sound accounting principles and standards for all Services, costs, and expenditures under this Agreement. The Books shall identify the Services rendered during each month of the Agreement and the date and type of each Project -related expense. The COUNTY shall have the right, at any reasonable time and through any of its designated agents or representatives, to inspect and audit the Books for the purpose of verifying the accuracy of any invoice. The CONTRACTOR shall retain the Books, and make them available to the COUNTY as specified above, until the later of three (3) years after the date of termination of this Agreement, or such longer time if required by any federal, state, or other governmental law, regulation, or grant requirement. 3.15 The CONTRACTOR shall not assign or transfer any work under this Agreement without the prior written consent of the COUNTY. When applicable and upon receipt of such consent from the COUNTY, the CONTRACTOR shall cause the names of the firms responsible for the major portions of each separate specialty of the work to be inserted on the reports or other data. 4. TERM OF AGREEMENT. 0530-5 F:1UtititieslUTILITY - EngineeringlProjects - Utility Construction Permits\IRC - LABOR CONTRACT REVISED FOR 2014\00530 General Agreement.doc 211 4.1 This Agreement shall remain in effect for a term of two (2) years, unless otherwise sooner terminated as provided herein. The Initial Term may be extended by mutual consent of the parties hereto for a maximum two additional one-year terms. 4.2 The time for completion of each Project shall be defined in the Work Authorization. 5. COMPENSATION. 5.1 Work Authorizations that are less than $100,000.00 may not require a Public Construction Bond; however, pursuant to The Code of Indian River County, Indian River County as Owner shall make only one payment for the entire amount of the related applicable Work Authorization when the terms of the related applicable Work Authorization have been fulfilled. Upon a determination of satisfactory completion, the COUNTY Project Manager will authorize payment to be made. All payments for services shall be made to the CONTRACTOR by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 6. INSURANCE AND INDEMNIFICATION. 6.1 The CONTRACTOR shall not commence work on this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the COUNTY's Risk Manager. 6.2 CONTRACTOR shall procure and maintain, for the duration of this Agreement, the minimum insurance coverage as set forth herein. The cost of such insurance shall be included in the CONTRACTOR's fee: 6.2.1 Workers' Compensation: To meet statutory limits in compliance with the Workers' Compensation Law of Florida. This policy must include employers' liability with a limit $1,000,000 for each accident, $500,000 disease policy limit and $100,000 disease each employee. Such policy shall include a waiver of subrogation as against Owner on account of injury sustained by an employee(s) of the CONTRACTOR. 6.2.2 General Liability: A per occurrence form policy, including Premise Operations, Independent Contractors, Products and Completed Operations including X, C, U (Explosion, Collapse, Underground) Broad Form Property Damage, Broad Form Property Damage Endorsement, with a combined single limit of not less than $1,000,000 general aggregate to include products/completed operations, personal injury/advertising liability, fire damage /legal liability, and medical payments. Limits can be layered with an Excess Liability Policy (Umbrella). 6.2.3 Business Automobile Liability: Coverage shall include Owned vehicles and Hired/Non-Owned vehicles, for a combined single limit (bodily injury and property damage) of not Tess than $1,000,000/combined single limit (Bodily Injury/Property Damage); personal injury protection -- statutory limits; $100,000 uninsured/underinsured 0530-6 F:UJtilities1UTILITY - Engineering\Projects - Utility Construction PermitsURC - LABOR CONTRACT REVISED FOR 2014/00530 General Agreementdoc 212 motorist; $100,000/hired/non-owned auto liability. Limits can be layered with Excess Liability Policy (Umbrella). 6.3 Contractor's insurance coverage shall be primary. 6.4 All required insurance policies shall be placed with insurers licensed to do business in Florida and with a Best's rating of A -VII or better. 6.5 The insurance policies procured shall be occurrence forms, not claims made policies with the exception of professional liability. 6.6 A certificate of insurance shall be provided to the COUNTY's Risk Manager for review and approval, ten (10) days prior to commencement of any work under this Agreement. The COUNTY shall be named as an additional insured on all policies except workers' compensation and professional liability. 6-7 The insurance companies selected shall send written verification to the COUNTY's Risk Manager that they will provide 30 days prior written notice to the COUNTY's Risk Manager of its intent to cancel or modify any required policies of insurance. 6.8 CONTRACTOR shall include all Subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each Subcontractor. All coverages for Subcontractors shall be subject to all of the requirements stated herein. 6.9 The COUNTY, by and through its Risk Manager, reserves the right periodically to review any and all policies of insurance and to reasonably adjust the limits of coverage required hereunder, from time to time throughout the term of this Agreement. In such event, the COUNTY shall provide the CONTRACTOR with separate written notice of such adjusted limits and CONTRACTOR shall comply within thirty (30) days of receipt thereof. The failure by CONTRACTOR to provide such additional coverage shall constitute a default by CONTRACTOR and shall be grounds for termination of this Agreement by the COUNTY. 6.10 The CONTRACTOR shall indemnify and hold harmless the COUNTY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attomeys' fees, arising out of or related to the negligence, recklessness, or intentionally wrongful conduct of the CONTRACTOR and other persons employed or utilized by the CONTRACTOR in the performance of this Agreement. 7. TERMINATION. 7.1 This Agreement may be terminated: (a) by the COUNTY, for any reason, upon thirty (30) days' prior written notice to the CONTRACTOR; or (b) by the CONTRACTOR, for any reason, upon thirty (30) days' prior written notice to the COUNTY; or (c) by the mutual Agreement of the parties; or d) as may otherwise be 0530-7 F:iUtiiities\UTILITY - Engineering'Projects - Utility Construction Permits lRC - LABOR CONTRACT REVISED FOR 2014/00530 General Agreement.doc 213 provided below. In the event of the termination of this Agreement, any liability of one party to the other arising out of any Services rendered, or for any act or event occurring prior to the termination, shall not be terminated or released. 7.2 In the event of termination by the COUNTY, the COUNTYis sole obligation to the CONTRACTOR shall be payment for those portions of satisfactorily completed work previously authorized by approved Work Authorization. Such payment shall be determined on the basis of the hours of work performed by the CONTRACTOR, or the percentage of work completed as estimated by the CONTRACTOR and agreed upon by the COUNTY up to the time of termination. In the event of such termination, the COUNTY may, without penalty or other obligation to the CONTRACTOR, elect to employ other persons to perform the same or similar services. 7.3 The obligation to provide services under this Agreement may be terminated by either party upon seven (7) days prior written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the terminating party. 7.4 In the event that the CONTRACTOR merges with another company, becomes a subsidiary of, or makes any other substantial change in structure, the COUNTY reserves the right to terminate this Agreement in accordance with its terms. 7.5 In the event of termination of this Agreement, the CONTRACTOR agrees to surrender any and all documents prepared by the CONTRACTOR for the COUNTY in connection with this Agreement. 7.6 The COUNTY may terminate this Agreement for refusal by the CONTRACTOR to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes and made or received by the CONTRACTOR in conjunction with this Agreement. 7.7 The COUNTY may terminate this Agreement in whole or in part if the CONTRACTOR submits a false invoice to the COUNTY. 8. MISCELLANOUS PROVISIONS. 8.1 Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the CONTRACTOR or employees or Subcontractors of the Contractor are in no way to be considered employees of the COUNTY, but are independent contractors performing solely under the terms of the Agreement and not otherwise. 8.2 Invitation to Bid. IT is specifically understood and acknowledged by the parties hereto that all of the requirements set forth in the Invitation to Bid dated July 14, 2014 (including addenda ^ through .__) shall be incorporated herein. 8.3 Mercier; Modification. Except as set forth in Section 8.2 above, this Agreement incorporates and includes all prior and contemporaneous negotiations, 0530-8 F:1Utilities\UTILITY - Engineering'Projects - Unity Construction Permits1IRC - LABOR CONTRACT REVISE() FOR 2014\00530 General Agreement,doc 214 correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the CONTRACTOR and the COUNTY. 8.4 Governing Law; Venue. This Agreement, including all attachments hereto, shah be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 8.5 Remedies; No Waiver. AU remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. Each right, power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent delinquency or default. A party's waver of one or more defaults does not constitute a waver of any other delinquency or default. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 8.6 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 8.7 Availability of Funds. The obligations of the COUNTY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 8.8 No Pledge of Credit. The CONTRACTOR shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. 8.9 Public Records. 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: 0530-9 GAUtilities\UTILITY - Engineering\Projects - Utility Construction PermitslIRC - LABOR CONTRACT REVISED FOR 2014/00530 General Agreement.doc 215 8.9.1 Keep and maintain public records that ordinarily and necessarily would be required by the COUNTY in order to perform the service. 8.9.2 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. 8.9.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. 8.9.4 Meet all requirements for retaining public records and transfer, at no cost, to the COUNTY all public records in possession of the CONTRACTOR 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. 8.9.5 Failure of the CONTRACTR to comply with these requirements shall be a material breach of this Agreement. The CONTRACTOR shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement. 8.10 Notices: Any notice, request, demand, consent, approval, or other communication required or permitted by this Agreement shall be given or made in writing and shall be served, as elected by the party giving such notice, by any of the following methods: (a) Hand delivery to the other party; (b) Delivery by commercial overnight courier service; or (c) Mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown below: County: Contractor: Indian River County Attn: Gordon Sparks, P.E. 1801 27th Street Vero Beach, FL 32960-3365 Facsimile: (772) 770-5143 Notices shall be effective when received at the address as specified above. Facsimile transmission is acceptable notice effective when received, provided, however, that facsimile transmissions received (i.e., printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next day that is not a weekend day or a holiday. The original of the notice must additionally be mailed. Either party may change 0530-10 F:\Utilities\UTILITY - Engineering\Projects - Utility Construction Permits\MRC - LABOR CONTRACT REVISED FOR 2014\00530 General Agreement.doc 216 its address, for the purposes of this section, by written notice to the other party given in accordance with the provisions of this section. 8.11 Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by CONTRACTOR shall survive the termination or expiration of this Agreement. 8.12 Construction. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such Sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the party or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's-length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement 8.13 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 8.14 Sovereign Immunity. Nothing in this Agreement is intended to, or shall be interpreted to, constitute a waiver or limitation of the COUNTY's sovereign immunity. 0530-11 FAUtilities\UTILITY - Engineering\Projects - Utility Construction Permits1IRC - LABOR CONTRACT REVISED FOR 2014/00530 General Agreement.doc 217 IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. Contractor: (insert name) INDIAN RIVER COUNTY By its Board of County Commissioners By By Printed name: Title: Date Peter D. O'Bryan, Chairman Date Approved by BCC: Attest: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller By Deputy Clerk pproved: seph A. aird unty As ministrator pproved as to form and legal sufficien Dylan Reingold a --County Attorney 0530-12 F:lUtilitieslUTIUiY - Engineering\Projects - Utility Construction Permits\JRC - LABOR CONTRACT REVISED FOR 2014/00530 General Agreement.doc 218 Exhibit 1 Contractor's Submitted Bid Form 0530-13 FAUtilitiestUTILITY - Engineering\Projects - Utaity Construction PermitsJRC - LABOR CONTRACT REVISED FOR 2014100530 General Agreernent_doc 219 s • CONSENT AGENDA INDIAN RIVER COUNTY, FLORIDA MEMORANDUM Assistant County Administrator / Department of General Services To: Thru: The Honorable Board of County Commissioners Joseph A. Baird, County Administrator From: Michael C. Zito, Assistant County Administrator Date: August 29, 2014 Subject: Approval of Change Order #1, Stillwater Construction, Inc. for Additional Golf Cart Concrete Path Repairs - IRC Bid No. 2014042 DESCRIPTION AND CONDITIONS: On August 19, 2014, the Board awarded the above referenced bid to Stillwater Construction Inc. The original budgeted amount for this project was $40,000.00. Stillwater Construction's bid came in at $24,320.00, which was over $20,000 below the next lowest responsible bid. This favorable outcome has produced an opportunity to expand the project to include several other areas in need of repair or connection to the cart path system. The contractor is already mobilized on site which adds to the utility of this opportunity to fix areas on the golf course in conjunction with the irrigation system project already in progress. These areas have been problematic for years especially in wet conditions. The scope of work under the change order will permit the golf course to remain open more often during the rainy season. It will allow golf carts to travel through problem areas in some wet conditions when the course might otherwise have to close. Other improvements under the scope of work will increase the interconnectivity of the cart path system according to the master grid. With the addition of the proposed change order in the amount of $14,740, the total cost of the project will increase to $39, 060 which is still under the original amount budgeted for the project. FUNDING: Funding in the amount of $14,740.00 is available in the Golf Course Maintenance, Other Contractual Services Account Account Number Account Description Budget Amount 41822172-033490 Golf Course Maintenance - Other Contractual Services $14,740.00 RECOMMENDATION: Staff recommends the Board approve Change Order #1 with Stillwater Construction, Inc. and authorize the Chairman to execute the attached Change Order #1, which has been reviewed by the County Attorney as to form and legal sufficiency. C:\Uscrs\svotzi\AppData\Local1Microsof\Windows\Temporary Internet Files\Content.Outlook\XDFMY9PABCC Memo - Change Order 1 Stillwater Construction for $14740.doc 220 PAGE TWO BCC Agenda Memo — IRC Bid #2014042, Stillwater Construction, Inc., Change Order #1 For September 9, 2014 ATTACHMENTS: IRC Project #2014042 / Stillwater Construction, Change Order #1 Bid Tabulation Agenda Item approved on August 19, 2014 DISTRIBUTION: Bela Nagy, Sandridge Golf Course Amelia L. Mallory, Stillwater Contruction, Inc. Approved Agenda Item BY: cO. FJ 4 UJ Josep Baird, County Administrator FOR: September 9, 2014 Indian River Co. Approved Date Administration ?/3 ; County Attorney / it ! q ,,.- Budget ft, i Department _. , 9/a /y Risk Management C,1Users\svotzi\AppData\LocallMicrosof\Windows \Temporary Internet Files\Content.Outlook\XDFMY9PJIBCC Memo - Change Order I Stillwater Construction for $14740.doc 221 Change Order Form No. 1 DATE OF ISSUANCE: EFFECTIVE DATE: 09/09/2014 OWNER: CONTRACTOR Project: OWNER's Indian River County Stillwater Construction Golf Cart Concrete Path Repairs Project No. 2014042 You are directed to make the following changes in the Contract Documents: Description: Additional Concrete work Reason for Change Order: The original budgeted amount for the concrete work was $40,000.00 and Stillwater Construction's bid came in at $24,320.00 which was half the amount of the next lowest bidder. This is an opportunity to fix a lot of other areas on the golf course in conjunction with the irrigation system project that have been problem areas for years especially in wet conditions. This will allow the golf course to remain open more now when it is extremely wet because golf carts will be able to travel through these problem areas that are normally unpassable. Attachments: (List documents supporting change) See attached list of areas. CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $24.320 9/30/14 Net Increase (Decrease) from previous Change Orders No. to : $0 9/30/14 Contract Price prior to this Change Order: $24.320 9/30/14 Net increase (decrease) of this Change Order: $14,740 9/30/14 Contract Price with all approved Change Orders: $39,060 9/30/14 ACCEPTED: By: CONTRACTOR (Signature) Date: CHANGE IN CONTRACT TIMES Description Time Original Contract Time: Substantial Completion: Final Completion: (days or dates) 9/30/14 9/30/14 Net change from previous Change Orders No. 1 to 1: Substantial Completion: Final Completion: 2 (days) 9/30/14 9/30/14 Contract Time prior to this Change Order: Substantial Completion: Final Completion: (days or dates) 9/30/14 9/30/14 Net increase (decrease) this Change Order: Substantial Completion: Final Completion: (days or dates) 9/30/14 9/30/14 Contract Time with all approved Change Orders: Substantial Completion: Final Completion: (days or dates) 9/30/14 9/30/14 RECOMMENDED: By: ENGINEER (Signature) Date: Change Order #1 APPROVED: By: OWNER (Signature) Date: Sandridge Golf Club Concrete Project Change Order #1 Stillwater Construction Inc. 1) Hole #1 to #2 2) Hole #5 Walkup 3) Hole #7 4) Hole #7 to #8 5) Hole #12 6) Hole #15 7) #9 Curb 8) Chipping Green Description: Continuation of Project 1B to connect to the 2nd hole which was a dirt path. 285 Linear Feet $5,700.00 Description: Replace walkup to bathroom which A wooden bridge and a trip hazard. A lady fell and broke her wrist when she slipped her in 2012. 32 Linear Feet $ 640.00 Description: Replace section by tee which was Badly broken concrete and not on original project list. 16 Linear Feet $ 320.00 Description: Connect the two holes with path that is normally filled with potholes and a wet mess when heavy rain occur. 54 Linear Feet $1,080.00 Description: Extend path from green to make Path for an area that was normally bare and worn from cart traffic. 125 Linear Feet $2,500.00 Description: Extend path downhill from tee to improve Drainage of water from the tee that normally washes out the area. 100 Linear Feet $2,000.00 Add 8" Curb to path behind green to replace a worn out fence Which served as a barrier so that carts and machinery wouldn't fall into the canal. 100 Linear Feet $1,300.00 Replace Curb and add 3' feet of path to increase the width of the area for golf cart traffic. $1.200.00 Total $ 14,740.00 Change Order #1 223 2urlot?sluo3 sf7 a 0 Stillwater Construction Inc Florida Site Contracting Timothy Rose Construction Sunshine Land Design Inc Las Contracting Corp Dato Construction Bidders Name -- I Malabar, FL Vero Beach, FL Vero Beach, FL a mi r Tampa, FL Vero Beach, FL Location < < < < *4 *< Bid Form -c 3 = 3 a = Exception "4 "4 "4 "4 *4 "4 Disclosure 7 g .< -4 .< is < Bid Security. $24,320.00 $49,484.00 111. 0 OC1 O i u Vo i z D F) V Q1 A Total Bid uad 00:Z :mull Bid Opening Date: 7/22/2014 0I CD tu atanuo3 4.1e3 1109 :aim pm ellloo auapea :ssauum yoysaJ aue!a :ssaumm Zt'OVIOZ 'oN p!8 225 Indian River County Interoffice Memorandum Office of Management & Budget Consent Agenda BX To: Members of the Board o From: Jason E. Brown Director, Office of Manager t & Budget Date: September 3, 2014 Subject: Miscellaneous Budget Amendment 023 unty Commissioners Description and Conditions The attached budget amendment appropriates funding necessary for the following: 1. It has become necessary to increase the Property Appraiser's draw for September due to a revised budget increase from the Department of Revenue. The attached entry appropriates funding from General Fund/Cash Forward Oct 1st in the amount of $2,653, Emergency Services District/Cash Forward Oct 1st in the amount of $187, and Land Acquisition 2004 Fund/Cash Forward Oct 1st in the amount of $127. 2. Advanced Life Support revenues and expenses have exceeded budgeted figures in the Emergency Services District. The attached entry appropriates these revenues in the amount of $100,000. 3. Some additional expenses have been incurred as a result of the Indian River County Shooting Range hosting the Master's Tournament. The attached entry appropriates these funds in the amount of $3,500 from M.S.T.U. 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 023 and Resolution APP i VED AGENDA ITEM: BY: A. Baird County Administrator FOR: September 9, 2014 Indian River County Ap • roved Date Administrator ti g/,9/i/ Legal �. e � C�. --1 Budget AV3 f f /1� DepartmentIF ` Risk Management 226 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 ANI - GAL UFF C e UNTY ATTORNEY 227 Resolution No. 2014 - Budget Office Approval: hibit "A" Jason E. Brown, Budget Director Budget Amendment: 023 Entry Number Fund/ Depart ent/ unt Name Account Number Increase Decrease 1. Revenue General Fund/Non-Revenue/Cash Forward Oct 1st 001039-389040 $2,653 $0 Emergency Services District/Non-Revenue/Cash Forward Oct 1st 114039-389040 $187 $0 Land Acquisition 2004/Non-Revenue/Cash Forward Oct 1st 245039-389040 $127 $0 Expenses General Fund/Budget Transfer/Property Appraiser 00150086-099060 $2,653 $0 Emergency Services District/Budget Transfer/Property Appraiser 11412022-099060 Si7 $0 Land Acquisition 2004/Budget Transfer/Property Appraiser 24511786-099060 $127 $0 2. Revenue Emergency Services District/Service Charges/ALS Charges 114034-342610 $100,000 $0 Expenses Emergency Services District/Fire Rescue/Other Professional Services 11412022-033190 $100,000 $0 3. Expenses M.S.T.U. Fund/Shooting Range/Other Operating Supplies 00416172-035290 $3,500 $0 M.S.T.U. Fund/Reserves/Reserve for Contingency 00419981-099910 $0 $3,500 228 CONSENT AGENDA INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services 2Y Date: August 14, 2014 To: The Honorable Board of County Commissioners Thru: Joseph A. Baird, County Administrator Thru: Michael C. Zito, Assistant County Administratoyo From: Mary Snyder, Library Services Director Subject: State Aid Application/Agreement DESCRIPTION AND CONDITIONS: The Indian River County Board of County Commissioners applies each year to the Division of Library and Information Services for the annual State Aid grant. The agreement is part of the application which expedites the receipt of funds. ALTERNATIVES AND ANALYSIS: The application is financial information only and requires no matching funds. The grant was for $92,962.00 in 2013/2014. The estimate for Fiscal Year 2014/2015 is $119,180.00. RECOMMENDATION: Staff respectfully requests that the Board authorize its Chairman to sign the agreements (Attached) and return to the Library Services Director to be forwarded to the appropriate State Library staff. ATTACHMENTS: State Aid to Libraries Grant Agreement Approved Agenda Item Bv: Josep r/A. Baird County Administrator For: September 9, 2014 Indian River Count A+ L oved Date Administration Count Attorne Budget reg Erla11111MEEMII 111MIPMIONEMI II De • artmentartment11"-_ ''="dillIMEif IMAM F:1Assistant County Administrator\AGENDA ITEMS120141BCC 09 SEP 20141BCC Memo - Library System State Aid to Libraries Grant Agmt.doe 229 Florida Department of State, Division of Library and Information Services STATE Al I) TO LIBRARIES GRANT AGREEMENT The Applicant tGR:\! GRANTEI- ► Indian River Count\ Board of CountCommissioners titan,: of library governing body) Governing body for Indian River County Library (Name of library) hereby makes application and certifies eligibility for receipt of _rants authors/ed under Section 257. Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. like Di\ inion. as administrator ol'state funds pro\ided under Section 257. I Juricla Srcaute.5, has approcd an application for State Aid to Libraries Grant funds submitted by the GRANTEE. B\ reference. the application is hereby made a part of this agreement. Grant Purpose. This grant shall be based upon the following scope of work: The simile library administrative unit. as an eligible political subdivision under 27.17. b/oriclu Smirk's. is responsible for managing or coordinating liee library service to the residents of its legal service area. The library shall: 1. Have a single administrative head employed tii11 time by the lihrar s-o\erning lvdy: 2. Provide free library service, inelUding loaning library materials available for circulation t'rce of charge. and providing reference and inibnnation services free of charge: l'ro\ ide access to materials. intbrmation and services for all residents of the area ser' ed: and 4. pave at least one library. branch library or member library operated by the library's _ o\ exiting bod.. open 40 hours or more each week. The parties agree as follows: 1. The GRANTEE agrees to: a. For payment number one: i. !lave at least one library. branch library or member library. open 40 hours or more each b. for payment number two: i. !lave at least one library, branch librate' or member library. open 40 hours or more each \ eek. State Aid to Libraries Grant A�,reerimit ( I, t1) cr 111-2.011(2)(a), J /oriihr I<Inrrnisrr,rrr�, lc,�l�'. k.1'teC►he yx-yx-\\.\\ 1 of 7 230 c. Expend all grant funds awarded and perform all acts in connection with this agreement in lull compltanek. with the terms and conditions of -Chapter 257. I'l„Title! SiuiiiierJ. and guidelines for the State Aid to Libraries Grant Program. d. Expend all grant funds received under this agrcetnent solely ti>r the purposes for which bier were authorised and appropriated. e. Provide the DIVISION with statistical. narrative, financial and other evaluative reports as requested, 1. Retain and make available to the DIVISION. upon request. all financial and programmatic records, supporting documents. statistical records. and other records for the project. Retain all records for a period alive years from the date ofsuhmission of the final project report. If any litigation. claim. negotiation. audit. or other action involving the records has been started before the expiration of the five year period. the records shall be retained_ until +tnpletion of the action and resolution ofall issues which arise from it, or until the end of the regular Live -year period. whichever is later. h. Establish and maintain a proper accounting sy sterna in accordance with generally accepted accounting procedures. To use and maintain adequate tiseal authority. control. and accounting procedures that w ill ensure proper disbursement of, and accounting Con project funds. g. i. Perform all acts in eunnt.'eliun with this agreement in strict conformitn with ;ill applicable laws and regulations of the titan; of'Florida. i. Nit use tiny g=rant Bunds 1i►r lobbying the legislature. the judicial branch. or any state agency. k. 1 lcre:hv certify that it is cognizant of the prohibition of conflicts of interest described in Sections 112.311 through 112. 26. Florida Statuics, and affirms that it will nut enter into ur maintain a business ur otlier relationship with alt) employee ot'the Department of State that would violate those provisions. The CiRAN'1}E further agrees to seek authorization from the General Counsel for the Department of Mate prior to entering into any business or other relationship with a 1)epattment of State employee to avoid a potential violation of those statutes. i. Not discriminate against in employee employed in the performance of this agreement, or against an> applicant for employment because of race. color. religion, gender. national origin. age, handicap. or marital status. 1'he LiR:\N'IEE shall insert a similar provision in all subcontracts tier ser‘ ices by this agreement. titan Aid to Libraries Grant Agrremcnt �li,ipnr 113-2.01 I t2)(a). (.'oR/'. .\\-X\-\»\ Pa_c'2oi 7 231 m. in the event that the grantee expends a total amount of state financial :tssistance equal to or in excess of $500,000 in any fiscal year of such GRANTEE_ E_ the grantee must have a State single or project -specific audit for such fiscal year in accordance Nvith Section 215.9. Plariticr .Stature.; applicable rules of the Department- of Financial Services: and Chapters 1(1.550 (local governmental entities) or 10.050 (nonprofit and for-profit organizations). Rules u/ tlrc'.luclitor General. In deternninin.g the state financial assistance expended in its fiscal \ear. the GRANTEE shall consider all sources of state financial assistance. including state financial assistance received from the Department of State, other state agencies. and other nonstate entities. State financial assistance does nut include federal direct or pass-thruua awards and resources received h) ;t nonstate entity for federal program matching requirements. In connection with.the audit requirements addressed in part m. paragraph J, the GRANTEE shall ensure that the audit complies Nv ith the requirements of Section 215.97(8). hlnridu .torture,'. '1'ltis includes submission ofa financial reporting.: package as defined by Section 215.97(2)(e). Flork/a Stunue.‘. and Chapters 10.550 (local governmental entities) or 10.650 ( nonprofit and for-profit orlianizations)..Ruh..) oI (Iw ..l uciilor General. lithe GR:INTEE evpends less than 5500,000 in state financial assistance in its fiscal year. an audit conducted in accordance with the proVisitms of Section 215.97. Hor•icla Statutes. is not required. In the event that the GRANTEE expends less than $500,000 in state financial assistance in its fiscal year and etects.to have an'audit conducted in accordance with the provisions of Section 215.97, Floricht ,Staines. the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the grantees resources obtained from other than State entities). Information related to the requirements of Section 215.9. P7or•ic/a tatare.s., (the Florida. Single Audit Act) and related documents may be Lound at apps.fidfs.com/fsaa. Copies of financial reporting packages required by this agreement shall he submitted b\ or on behalf of the UR:\N'1 LL direed> to each of the following: 1. The Dcparunent ()I' State at the following addresses: Office of Inspector General Florida Department of State R. A. (iray Building. Room 114:1 500 South 13ronough Street Tallahassee. Florida 32199-0150 2. The Auditor General's Office at the following address: Auditor General's Office Room 401. Pepper Building 1 1 1 West Madison Street Tallahassee. Horida 3_2399-1 45() n. ldentif\ an individual or position with the authority to [make minor modifications to the application. if nieeessar1. prior to e\eCUtion of the agreement. State Aid to Libraries (*rant Agreement Pate 3 Of Charier 19-2.()1 1(2)(a). 1../w-irta ;1,1m ('I 41c, t 11i•cti'e xx-xx-xxxx 232 Il. The DIVISION agrees: a. To provide a grant in accordance \pith the terms 01 this agreement in consideration of the GRANTEES perloriiiance hereinunder. and contingent upon funding by the Legislature. The State of Florida's performance and obligation to pay under this agreement is Contingent upon an annual appropriation by the Legislature. In the event that the state funds on \\ hich this agreement is dependent are withdrawn. this agreement is terminated and th.: state has no further liability to the GRANTI'1' beyond that already incurred by the termination date. In the event of a state revenue shortfall. the total grant may be reduced accordingly. b. To notify the grantee of the grant award after re\ icw and approval of required documents. The grant amount shall be calculated in accordancewith Chapter 257. Rorida Xtcrlirle.v. and guidelines for the State Aid to Libraries Grant Program. e. To distribute grant funds in two payments. 1 he first payment will be requested by the DIVISION from the Chief Financial Officer upon execution of the agreement. The remaining payment will he made by June U. d. That any balance of tutohligated cash that has been paid to the grantee may be retained for d►reet program costs in a Subsequent period. HI. The GRANTIT and the DI\'ISI{)N mutually agree that: a. This instrument embodies the whole agreement of the parties. (here are no provisions, terms. conditions; or obligations other than those contained herein: and this agreement shall supersede all previous communications. representation. or agreements either verbal or written. hem een the parties. No amendment shall he effective unless reduced in writing and signed by. the parties. h. The agreement is executed,and entered into in the State tat' 1'Iorida. and shall be construed. performed, and enfiirccd in all respects in accordance with the laws and rules of the State of Florida. Each party shall perform its obligations hereunder in accordance with the terms and conditions of this agreement. 11'any matter arising out of this Agreement becomes the subject of litigaticiti.' enue shall be in Leon County . e. If any term or provision of the agreement is found to he illegal and unenforceable. the remainder of the agreement shall remain in full force and effect and sueli term or pro\ inion shall he deemed stricken. d. No delay or omission to exercise any right. power. or remedy accruing to either party upon breach or default by either party Lindau this Agreement shall impair any such right, power, or remedy ofeither party, nor shall such delay or omission he construed as a wai\cr orally such breach or default, or any similar breach or default. State Aid to 1 ihraries Gram Agreornott Pace 4 of 7 Chapter Ill -2.01 1(2)(i). Florida . I4imiutstrutire Code, Effective x'-xx-xxxx 233 e, This aarecment shall be terminated by the DIVISION because of failure of the GRANTEE to fulfill its obligations under the agreement in a timely- and satisfactory manner unless the GRANTEE demonstrates gooel cause as to \\hy it cannot fulfill its obligations. Satisfaction of obligations by GRANTEE shall be determined by the DIVISION. based on the terns and conditions imposed on the GRANTEE in paragraphs I and III of this agreement and guidelines for the State Aid to Libraries Grant program. The DIVISION shall provide GRANTEE a written notice of default letter. GRANTEE. shall. have 15 calendar days to cure the default. If the default is not cured by GRANTEE within the stated period. the DIVISION shall terminate this agreement, unless thy° GRANTEE demonstrates good cause as to \\ h> it cannot cure the default within the prescribed time period. For purposes of this agreement. good cause" is defined as circumstances be>ond the GRANTEF's control. Notice shall be sufficient if it is delivered to the part' persouall} or mailed to its specified address. In the event of ter ninution of this agreement. the GRANTEE will he compensated for any work satisfactorily completed prior to notification of termination. if equitable. I'. The DIVISION shall unilaterally cancel this agreement in the event that the GRANTEE refuses to allow public access to all documents or other materials made or reeeil ed in regard to this agreement that are subject to the provisions of Chapter 1 19. Floritta Statutes. GRANTEE agrees to immediately contact the DIVISION fitr assistance in the event that it receives a public records request related to this agreement or the grant the it awards. The DIVISION shall not be liable to pay attorne> fees. inte=rest. late charges and service fees. or cost of collection related to the grant. h. 1'he DIVISION shall not assume any liability for the acts, omissions to act or negligence of the (GRANTEE. its agents. servants. or employ ces: nor shall the GRANTEE exclude liahilit) liar its own acts. omissions to act. or negligence to the DIVISION. In addition. the GRANTEE hereby agrees to he responsible for any injury 01' propert} damage resulting tr-oin any activities conducted by the (;R.ANTFF. Mc GRANTEE. other than a GRANTEE which is the State or agency or subdivision oldie State. agrees to indemnify and hold the DIVISION harmless from and against any and all claims or demands for damages of any nature. including but not limited to personal injury, death. or damage to property. arising out of any activities performed under this agreement and shall investigate all claims at its own expense. j. Ile GRANTEE shall be.responsible for all \work performed and all expenses incurred in connection with the project. The GRAN FEE ma> subcontract as necessary to perform the services set forth in this agreement. including_ entering into subcontract., with vendors for ger\ ices and commodities. provided that Buell subcontract has been appro\ ed by the DIVISION. such approval not to be unreasonably withheld, and provided that it is understood by the GRANTEE that the DIVISION shall not be liable to the subcontractor 1or anv expenses or liabilities incurred under the subcontract and that the (iRAN['LE shall he solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. k. Neither the State nor anyagency or subdivision ol'the State waives any defense of sovereign immunity. kir inel'eases the limits of its liability. upon entering into a contractual relationship. 5a,ite Aid to t.ibrarice grant Agreement Chapter 1B-2.011(210.0. Florida Cade', Eifeetive \x-xx- xxx Page ; 0I' 7 234 1. 'I'hc GRANTEE, its officers. agents. and employees. in performance ol'this agreement. shall act in the capacity (Wan independent contractor and not as an officer, employee or agent of the DIVISION. l'nder this agreement. GRANTI.I:: is not entitled to accrue any benefits of state employment, including- retirement benefits. and any other rights or privileges connected With employment in the State Career Service. GRANTEE aurees to take such steps tis may he necessary to ensure that each subcontractor of the GRANTEE will be deemed to he an independent contractor and \c ill not he considered or permitted to be an agent. set -Nam. _joint \enturer, or partner of the DIVISION. m. The GRANTEE shall not assign, sublicense. nor otherwise transfer its rights. duties, or obligations under this agreement \ ithout the prior written consent otthc DIVISION. whose consent shall not unreasonably be vs ithheld. The agreement transferee must demonstrate compliance \vial the requirements of the program. lithe DIVISION approves a transfer of the GR1NTEI'.'s obligations. the GRANTEE remains responsible for all work perfurined and all evellses incurred in connection with the Agreement. In the event the Legislature transfers the rights. ditties. or ohlivalions of the Department to another governmental entity pursuant to Section 20.06, /•iori(4.1.5'Rllu1e . or Otherwise. the rights. duties. and obligations tinder this agreement shall also he transferred to the successor government entity as if it were an original party to the agreement. This agreement shall bind the successors. assigns. and legal representatives ol'the GRANTEE and of any legal entity that succeeds to the ohligation of the DIVISION. The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the legislature. In the event that the state funds on Nvhieh this agreement is dependent are withdrawn, this agreement is terminated and the DIVISION has no 1'llrtller liability to the GRANTEE beyond that already incurred by the termination date. In the event of a state re\enue shortfall. the total grant shall he reduced in accordance with Section 257.21. Florida Shuttles. if the GRANTEE is in noncompliance With any terms) of this grant agreement or any other grant agreement with the Division of Library and Information Set -vices, the Division of Historical Resources or the Division of Cultural Affairs. the Division may withhold grant pa)lnents until the GRANTEE conies into compliance. Violation ofa gram program requirement. including but ilol 111111Ied 10 failure re to submit grant reports and other grant documents; submission of incomplete grant reports or other grant documents; or violation of other grant agreement requirements; shall constitute a basis for the Dig i:1un to pian the kiRAN 1 LL in noncompliance status with the Department of State. The Division shall apply the following financial consequences for failure to perform the duties / tasks required in the scope ofwork; Should the lihrtuy fail to provide free library service to the public or be open fc i than 40 hours per creek. it will ilo longer be eliuihle to receive State Aid libraries gram funding. and its funding will be reduced to SO. r. finless there is a change ofaddress, any notice required by this agreement shall be delivered to the Division of Library and Infiorination Services, 500 South Bronough Street, Tallahassee. Florida 32399-0250. for the State and, for the GRANTEE, to its single library 1). 0, p. q. Mate Aid to 1.ihraries (;rant Agreement Page 6 of 7 Chapter 1B -2.011(2)(a). I'ha•ida 1 dniinisn aih ('ode, Effective xx-NA-x.xxx 235 administrative unit. In the event of a change of address, it is the obligation of the moving party to notify the other party in writing of the change or address. (V. The tern of this agreement will commence on the bate of execution of the grant agreement THE APPLICANT/GRANTEE Chair of Governing Body or Chief Executive Officer Typed Nanle Date Clerk or Chief Financial Officer Typed Name and Title of Official Date APPROVED AS TO FORM F. AN '; AL S WILLIAM K, DE&RAAL DEPUTY COUNTY ATTORM THE DIVISION Florida Department of State Division or Library and information Services Typed Name Date Division Witness Division Witness State Aid to Libraries Urani Agreement Chapter 113-2.01 i(2)(a), iTluridaAdministrative Code, Effective xx-xx-xxxx f'age7of7 236 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Joseph A. Baird, County Administrator FROM: Christopher R. Mora, P.E., Co'Yvu" Public Works Director CONSENT AGENDA SUBJECT: Cancer Center Expansion — Indian River Medical Center Developer Agreement for Developer Contributions to Roadway Improvements on 37th Street DATE: September 3, 2014 DESCRIPTION AND CONDITIONS Indian River Memorial Hospital, Inc. (IRMH) has applied to expand its existing Cancer Center building by 24,396 square feet. As a result of the additional traffic generated by the expansion and in accordance with County Land Development Regulations, IRMH must build a right -turn lane on eastbound 37th Street approaching 10th Court, and modify the existing traffic signal to accommodate the new turn lane. The cost to construct the right turn lane and modify the traffic signal is $104,902.80. The County is planning to widen 37th Street in the same area that the right turn lane is to be constructed, and in approximately the same time frame. It would be mutually beneficial to both the County and the developer if the two projects were combined and built simultaneously. The attached developer agreement provides for the developer to pay the County $104,902.80 to build the right turn lane and modify the traffic signal at the same time that the County widens 37th Street. The payment must be made prior to site plan release for the Cancer Center Expansion project. FUNDING There is no fiscal impact to the County. 237 Cancer Center — Indian River Medical Center Developer Agreement CONSENT AGENDA — Sept. 9, 2014 BCC Meeting Page 2 ALTERNATIVES AND ANALYSIS The alternatives presented are: Alternative No. 1 Approve the Developer Agreement Alternative No. 2 Deny Approval RECOMMENDATIONS Staff recommends Alternative No. 1 — Approve the Developer Agreement. ATTACHMENT 1. Developer Agreement DISTRIBUTION Jason Brown, Budget Manager APPROVED AGENDA ITEM FOR 09/09/2014 Indian River County A. •• oved Date Administration 9:0 V+ 61 Budget ":14 413(4 County Attorney yV Pi IP Risk Management Public Works /� /y Traffic Engineering 34( 238 DEVELOPER'S AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND INDIAN RIVER MEMORIAL HOSPITAL, INC. THIS AGREEMENT, entered this day of , 20_, by and between INDIAN RIVER COUNTY, FLORIDA a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, Florida, 32960 hereafter called COUNTY and Indian River Memorial Hospital, Inc. a Florida Corporation, 1000 36th Street, Vero Beach, Florida 32960 -Jeffrey L. Susi, President, 772-567-4311, hereafter referred to as the DEVELOPER. WITNESSETH WHEREAS, the DEVELOPER has applied to develop a site plan to be known as the Indian River Medical Center (IRMC) "Cancer Center Expansion" on approximately 76.58 acres of land along the south side of 37th Street between U.S. Highway #1 and Indian River Boulevard, in Indian River County, Project Number SP -MA -14-08-21, the legal description is attached as Exhibit "A" and incorporated herein by reference; and WHEREAS, the COUNTY and DEVELOPER share mutual concerns with respect to right - turn lane roadway/entrance improvements necessary along 37th Street to accommodate project traffic volumes as shown on the sketch attached as Exhibit "B" and incorporated herein by reference; and WHEREAS, the COUNTY is planning to expand 37th Street from three (3) lanes to five (5) lanes in the near future along the Indian River Medical Center frontage; and WHEREAS, the COUNTY and DEVELOPER agree that this Agreement is contingent upon DEVELOPER receiving Final Site Plan Approval Release, and if Final Site Plan Approval Release is not obtained, this Agreement shall be null and void and any monies paid hereunder shall be promptly refunded to DEVELOPER; and WHEREAS, both the COUNTY and DEVELOPER can mutually benefit each other through a joint effort that will share the cost of the proposed 37th Street improvements. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and DEVELOPER agree as follows: 1 1. The above recitals are affirmed as being true and correct and are thereby incorporated herein. 2. In order to accommodate traffic into the Indian River Medical Center site, DEVELOPER would be required to install a right -turn lane on 37th Street with signal modifications at the 10th Court entrance to the Indian River Medical Center site. The COUNTY recently decided to expand 37th Street from three (3) lanes to five (5) lanes along DEVELOPER' S northern property boundary so any traffic improvements made by DEVELOPER would be used for a short time and then destroyed in the expansion of 37th Street. Instead of the DEVELOPER constructing the site related right -turn lane and signal modifications within the 37th Street right-of-way as a stand alone project, the DEVELOPER shall pay to the COUNTY the sum of $104,902.80 prior to "Site Plan Release" for the Cancer Center Expansion project as a contribution for construction of the right -turn lane at entrances along a portion of 37th Street and share of mast arm signalization upgrades based on the cost estimate attached as Exhibit "C" prepared by Masteller & Moler, Inc. Upon the payment of the sum specified above, any condition of the site plan relating to the completion of the site related right -turn lane and signal modification shall be deemed to be satisfied. 3. The COUNTY shall be responsible for the cost of all such construction and for all construction coordination including advertisement for bids, contractor selection and construction inspection. 4. No additional right-of-way is required for these improvements. 5. In the event of any litigation arising out of this Agreement, each party shall bear its own attorney fees and costs. 6. No amendment, modification, change, or alteration of this Agreement shall be valid or binding unless accomplished in writing and executed by all of the parties hereto. 7. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors, and assigns. 8. This Agreement contains the entire agreement and understanding between the parties. No representation, statement, recital, undertaking, or promise not specifically set forth herein shall be binding on any party hereto. 9. 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 2 County, Florida. 10. This Agreement shall be deemed prepared jointly by each of the parties hereto and shall be construed on parity as between the parties. There shall be no canon of construction for or against any party by reason of the physical preparation of this Agreement. 11. Whenever the singular number is used in this Agreement and when required by the context, the same shall include the plural; and the masculine, feminine, and neuter genders shall each include the others. 12. COUNTY and DEVELOPER shall grant such further assurances and provide such additional documents as may be required by one another from time to time, and cooperate fully with one another in order to carry out the terms and conditions hereof and comply with the express intention of this Agreement. 13. Failure to insist upon strict compliance with any of the terms, covenants, or conditions herein shall not be deemed a waiver of such terms, covenants, or conditions, nor shall any waiver or relinquishment of any right or power hereunder at any one time or times be deemed a waiver or relinquishment of such right or power at any other time or times. 14. All words, terms, and conditions contained herein are to be read in concert, each with the other, and a provision contained under one paragraph may be considered to be equally applicable under another in the interpretation of this Agreement. 15. The words herein and hereof and words of similar import, without reference to any particular section or subdivision of this Agreement, refer to this Agreement as a whole rather than to any particular section or subdivision hereof. C. In the event any term, condition, or clause of this Agreement is declared to be illegal or unenforceable by a court of competent jurisdiction, such declaration of illegality or unenforceability shall not affect or alter the legality or enforceability of any remaining term, condition, or clause hereof, provided of the parties, as set forth in this Agreement. 3 IN WITNESS WHEREOF the COUNTY and DEVELOPER has caused these presents to be executed in their names, the day and year first above written. INDIAN RIVER MEMORIAL HOSPITAL, INC BY: , Preside WITNESS WITNESS: (Corporate seal i. acceptable in p ace of witnesses) ufficiency: an Reingold, County Attorney BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: Peter D. O'Bayan, Chairman BCC Approved: Approved: By Joseph A. Baird, County Administrator Attest: Jeffrey R. Smith Clerk of the Circuit Court. Indian River County Approved Date Administration Budget Co. Atty. Risk Management Public Works 4 EXHIBIT A LEGAL DESCRIPTION THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 36, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. TOGETHER WITH THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 36, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. ALL OF THE ABOVE LESS AND EXCEPT ANY RIGHT-OF-WAY AND EASEMENTS OF RECORD. CONTAINING 76.27 ACRES, MORE OR LESS. 5 1.5 n.. 0n EXHIBIT I3 SKETCH OF PROJECT TRAFFIC VOLUMES 37TH STREET S D g -moo 4 w 33617) 11710) TOE 41I4 L 17610) 31910) 188(6) L 161! t 36T11 STREET 10)4 (17)836 •- - 14)48 --+ 41 6$63 4:CAN6."'%151s1 LEGEND: XX = TOTAL PROJECTED DRIVEWAY VOLUME (XX) = PROJECTED DRIVEWAY VOLUMES ASSOCIATED WITH THE PROPOSED PROJECT ® FIGURE 2 IRMC CANCER CENTER. EXPANSION PROJECTED AM PEAK HOUR DRIVEWAY VOLUMES *•Hom NOT TO SCALE PROJECT* 142290000 6 EXHIBIT C CONSTRUCTION COST ESTIMATE INDIAN RIVER MEDICAL CENTER - CANCER CENTER EXPANSION OFF-SITE TURN LANE & FAIR SHARE SIGNALIZATION UPGRADE DESCRIPTION QUANTITY UNIT UNIT COST TOTAL IRMC Right Turn Lane on 37th Street at 10th Court Mobilization 1 LS $2,500.00 $2,500.00 Maintenance of traffic 1 LS $3,000.00 $3,000.00 Staked silt fence 400 LF $2.00 $800.00 Floating turbidity barrier 1 EA $300.00 $300.00 Wellpointing / dewatering 1 LS $3,000.00 $3,000.00 Strip ditch sides, dean out ditch bottom 1 LS $1,500.00 $1,500.00 Excavation (decel lane) 1 LS $3,000.00 $3,000.00 12" Stabilized subgrade 836 SY $5.00 $4,180.00 8" Crushed concrete base 738 SY $11.60 $8,560.80 2" SP -12.5 asphalt & prime 733 SY $14.00 $10,262.00 Thermoplastic striping & signs 1 LS $1,800.00 $1,800.00 Survey / layout 1 as-builts 1 LS $3,500.00 $3,500.00 $42,402.80 IRMC Signalization Upgrade on 37th Street at 10th Court (Fair Share 25%) Total Estimated Construction Cost for Signal Upgrade to Mast Arms $250,000.00 IRMC Cancer Center Expansion Fair Share (%) 25% IRMC Cancer Center Expansion Fair Share of Construction Cost $62,500.00 Total IRMC Cancer Center Expansion Contribution $104,902:80 7 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT STORMWATER DIVISION 1801 27th STREET VERO BEACH, FLORIDA 32960 Phone: (772) 2264562 Consent Agenda 8AA TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Dir and THROUGH: Vincent M. Burke, P.E., Utility Director FROM: W. Keith McCully, P.E., Stormwater Engineer SUBJECT: OSPREY MARSH STORMWATER PARK: APPROVAL OF CHANGE ORDER NO. 4 DATE: August 27, 2014 INTRODUCTION The purpose of this Agenda Item is to request the Board of County Commissioners to approve Change Order No. 4 for the Osprey Marsh Stormwater Park construction project.' This change order contains several deletions but it also contains several cost increases that require Commission approval. The two largest cost increase items are summarized below. All of the contract price increase items are critical to the project. The first Targe contract price increase results from the need to increase the amperage at the lake pump station's motor control center from 40A to 200A and to increase the wire size to accommodate the amperage increase. The issue arose due to a discrepancy between the electrical engineer's bid documents and the actual equipment supplied. The cost of this change is $19,162. ' Osprey Marsh (formerly known as PC South), is a regional stormwater pollution reduction facility similar to Egret Marsh Stormwater Park that uses algae to remove dissolved nutrients from polluted water. Construction bids were received on June 5, 2013. On July 16, 2013, the County Commission awarded a $5,856,660.20 construction contract to low bidder Close Construction, LLC (Close). The County issued a Notice -to -Proceed to Close on August 28, 2013. Since then, three change orders have been issued to Close, resulting in a net $232,722.39 increase in the contract price, which is now $6,089,382.59. F:\Public Works\KeithM\Stormwater Projects\PC South Construction\Agenda Items\Agenda - Change Order No. 4.doc 246 Page 2 Osprey Marsh - Change Order No. 4 BCC Meeting - September 9, 2014 August 27, 2014 The second large contract price increase is the construction of up to three 6" diameter wells (approximately 100' deep with 40' of well screen) that will supply rinse water and much more importantly, backup recycle water. A backup recycle water supply is of critical importance to this project because of the facility's small polishing pond size. Osprey Marsh's algae crop will quickly die if water is not constantly pumped over it. There will be certain times that water from Indian River Farms Water Control District's (IRFWCD) South Relief Canal will not be available for Osprey Marsh (e.g. when the canal is being drained due to weather conditions or when herbicide has been applied to kill canal vegetation). In fact, South Relief Canal water may not be available for Osprey Marsh for up to twenty percent of the time. Based on staffs experience at Egret Marsh Stomiwater Park (Egret Marsh), these events commonly last up to seven days and may last as long as thirty or more consecutive days. Egret Marsh has been able to accommodate the loss of canal flows without algae crop loss due to its large polishing pond water storage volume, which is pumped over the algae to keep it alive until canal water is available again. Unfortunately, Osprey Marsh's site is less than one-half of the Egret Marsh site size. Therefore, Osprey Marsh's onsite polishing pond will likely not have the capacity to provide recycle water for the algae crop for more than three or four days due to evaporation. Therefore, an additional backup water supply is necessary to keep the algae crop alive and this is the intent of the recycle water system. The original Osprey Marsh survey indicated there were two existing wells in the vicinity of the proposed backup recycle pumping system. After construction began it became known that the items identified by the survey as wells were simply pipes that were part of the original site's grove irrigation system. An actual well was discovered where the recycle pumping system has been constructed, but post -rehabilitation flow tests on this well indicate that it may only provide 160 to 180 gallons per minute (gpm). The minimum flow needed to keep the algae crop alive is 600 gpm. We believe that up to three 6" wells will supply the needed makeup water. Due to the deteriorated and unknown belowground condition of the existing well, we are not factoring its use into the system. The actual number of new 6" wells constructed will be predicated on actual flow tests and the final cost is based on the number of wells constructed. The new wells will be manifolded together into a common suction system and connected to an existing Gorman -Rupp centrifugal pump that will send the water to the headworks structure for dispersal onto the algal floway and to wash water stations. The additional cost for this item is $31,514.11. Please note that without the backup recycle water supply system, survival of Osprey Marsh's algal crop cannot be guaranteed when canal water is not available for extended periods. To grow a new algae crop will take up to two months, putting operation of the South County Reverse Osmosis Water Plant in jeopardy since Osprey Marsh is required to treat brine reject water from the water plant as a permit operation condition. When the County Commission awarded the Osprey Marsh construction contract, it also approved a $351,000 construction contract contingency reserve fee. The contingency 2 F:\Public Works\KeithM\Stormwater Projects\PC South Construction'Agenda Items\Agenda - Change Order No. 4.doc 247 Page 3 Osprey Marsh - Change Order No. 4 BCC Meeting - September 9, 2014 August 27, 2014 fee was exceeded with Change Order No. 3 (for a contract increase of $253,744.13) that was required by IRFWCD construction criteria. The contract amount increase associated with Change Order No. 4 is $52,091.41. If Change Order No. 4 is approved, the contract price will increase to $6,141,474.00. ANALYSIS Alternative No. 1 - Accept Change Order No. 4 and authorize the Chairman to execute Change Order No. 4. Altemative No. 2 - Reject Change Order No. 4. FUNDING The additional cost of $52,091.41 will be split 70% Utilities and 30% Optional Sales Tax: $36,463.99 will be funded from Utilities/WIP/South County Brine Disposal, Acct# 471.- 16900-12502 and $15,627.42 from Optional Sales Tax/Public Works/Pollution Control South, SW, Acct# 31524338-066510-06050. RECOMMENDATION Staff recommends the Board of County Commissioners: 1. Approve Alternative No. 1 - Accept Change Order No. 4 and authorize the Chairman to execute Change Order No. 4. ATTACHMENTS 1. Change Order No. 4 with attachments from Close Construction, LLC (one copy) APPROVED AGENDA ITEM FOR: Se•tember 9 2014 Indian River County A 1 roved Date �, 17,AAdministrator Budget fith 1I3f1�'rLegal A' -) I Public Works CIAA41 Stormwater Engineering / 9.4r,26/44 Utilities fly. 1(* 248 CHANGE ORDER NO. 4 DATE OF ISSUANCE: EFFECTIVE DATE: 9/9/2014 9/9/2014 OWNER: INDIAN RIVER COUNTY CONTRACTOR: CLOSE CONSTRUCTION, LLC PROJECT: PC South Algal Nutrient Removal Facility OWNER'S PROJECT NUMBER: 949 ENGINEER: INDIAN RIVER COUNTY You are directed to make the following changes in the Contract Documents: Item Description Increase/Decrease in Contract Price Increase/Decrease in Contract Time (Calendar Days) 1.0 Delete transportation charge for sheet piling used at the South Relief Canal pump station site ($750.00) 0.0 2.0 Deduct 5' section of precast inlet throat for South Relief Canal Pump Station ($3,690.39) 0.0 3.0 Furnish and install a 12" PVC flange and an 18" long PVC spool piece at the end of the plug valve at the north face of the Distribution Box. $561.07. 0.0 4.0 Contract deduct for failed density tests per Section 01410, paragraph 1.1.A. (GFA Invoice #183588) ($720.00) ' - 0.0 5.0 Revise Pump Station No. 1 electrical design (breaker size and conduit size) $19,162.00 0.0 6.0 Furnish and install all materials etc. and construct up to three 6" diameter wells for the recycle water system and connect them in a manifold system and connect to the existing Gorrman=Rupp pump as described in letters contained in Attachment 10 to Keith McCully from American Drilling Services, Inc. $31,514.11 0.0 7.0 Furnish materials for and construct a 3" PVC gravel pack well near the effluent structure $3,300.00 0.0 8.0 Permit fees per Florida Statutes 218.80, Public Bid Disclosure Act $1,637.86 0.0 9.0 Insurance adjustment due to increase in contract price $510.15 0.0 10.0 Bond increase due to increase in contract price ($11.11 per one thousand) $566.61 0.0 TOTALS $52,091.41 0.0 249 CHANGE IN CONTRACT PRICE Description . Amount Original Contract Price . $5,856,660.20 Net increase/decrease from previous Change Orders $232,722.39 Contract Price prior to this Change Order $6,089,382.59 Net increase/decrease of this Change Order $52,091.41 Contract Price with all approved Change Orders $6,141,474.00 CHANGE IN CONTRACT TIME (Calendar Days) Description Amount Original Contract Time for Final Completion 365.0 Net increase/decrease from previous Change Orders 103.0 Contract Time for Final Completion prior to this Change Order 468.0 Net increase/decrease of this Change. Order to Final Completion . 0.0 Contract Time for Final Completion with all approved Change Orders 468.0 4_0 CONTRACT (Signature) Close Con ruction, LLC Lav,ny `"Rorctviti , V . P. (Name and Title) Date: O8. Al. 2614 EN ' EER (Signature) - Keith Mc "r.� P.E., Indian River County Stormw.tier Engineering Division Date: g - 2o14, APPROVED: By: OWNER: Indian River County Board of County Commissioners Peter D. O'Bryan, Chairman Date: APPROVE[: AS TO FORM AN r+ ` -A) FFI WILL$A K. DEBRAAL DEF;JTY COUNT Y ATTORNEY 250 CLOS Construction, LGC CHANGE ORDER PROJECT: PC South Algal Nutrient Removal (Name. address) Facility 1225 5th Street, SW Vero Beach, FL 32962 CONTRACTOR: Close Construction, LLC (Name, address) 301 N. W. 4th Ave. Okeechobee, FL 34972 The Contract is changed as follows: CHANGE ORDER NUMBER: 4R2 DATE: 08.27.2014 ARCHITECT'S PROJECT NO 949 CONTRACT DATE: CONTRACT FOR: 07.16.2013 Addition and deletion of portions of work as directed by the Owner. See the attached breakdown for detailed decription of work and price changes. Change Order Total $ 52,091.41 The original (Contract Sum) (Guaranteed Maximum Price) was $ 5,856,660.20 Net change by previously authorized Change Orders......... ........ ........... ......... ............ $ 232,722.39 The (Contract SUM) (Guaranteed Maximum Price) prior to this Change Order was $ 6,089,382.59 The (Contract Sum) (Guaranteed Maximum Price) will be (increased)jdecreased).. (unchanged) by this Change Order In the amount of . $ $ 552,091.41 The new (Contract Sum) (Guaranteed Maximum Price) including this Change Order will be...... $ 6,141,474.00 The Contract Time will be (increased) (decreased) (unchanged) by ( 30) days. Increase based on permit time allowed to obtain required CUP. NOTE This summary does not reflect changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive. OWNER Indian River County Address CONTRACTOR Close Construction, LLC Address 1801 27th Street 301 N,W. 4th Ave. Vero Beath, FL Okeechobee, FL 34972 BY BY DATE DATE 251 Change Order Number 4 Item C04-1 Delete transportation charge for sheet piling used at SRCPS $ (750.00) C04-2 Deduct 5' section of precast inlet throat for SRCPS $ (3,690.39) No deduct - Piece has been fabricated. Will deliver to IRC. C04-3 F&I 12" PVC flange & 18" long PVC spool piece $ 561.07 See attached breakdown and backup. C04-4 Deduct for failed density tests $ (720.00) See attached backup. C04-5 Revise PS 1 electrical design. $ 19,162.00 See attached breakdown and backup. C04-6 Construct up to (3) 6" wells for recycle water system and connect $ 31,514.11 them in a manifold system and connect to the existing Gorrman-Rupp pump. See attached breakdown and backup. Permit fee for Consumptive Use Permit excluded C04-7 3" gravel packed well $ 3,300.00 See attached breakdown and backup. C04-8 Permits RFI 594-025 $ 1,637.86 See attached backup. Change Order Subtotal $ 51,014.65 Insurance -1% $ 510.15 Bond - $11.11 per one thousand $ 566.61 Change Order Total $ 52,091.41 252 CO4-2 CO4-2 Inlet Throat Deduct 5' Inlet throat Sales Tax Subtotal Credits for CO4-2 10% O&P -5 LF $633.00 ($3;165.00) 6°l° ($189.90) ($3,354.90) ($3,354,90) ($335.49) Total Credit for CO4-2 ($3,690.39) 253 QUOTATION / PROPOSAL C04-2 Back up CONCRETE PRODUCTS OF THE PALM BEACHES, IND, 460 Avenue S. Riviera Beach, FL 33404 OFFICE FAX:661-842-6387 OFFICE NO.: 561-842-2743 CELL NO: 561-368-3332 TO: CLOSE CONSTRUCTION CHRIS ROSSI JOB NAME: No. i000u Page: 1 oft Date: 05 -Aug -14 2013-0266 P. C . SOUTH VERO BEACH Quantity Item Description Unit Price Extended Total 11 PRECAST POLE BASES 18"RD X 60" $170.00 $1,870.00 PVC,BOLTS,TEMPLATE BY COMPLETE ELECTRIC(CUST PICK UP OUR OKEECHOBEE PRECAST YARD.) LIN. FL PRECAST BOX CULVERT STANDARD SECTIONS NOT TAPERED $633.00 8X9' Deduct 5' Section of Precast Inlet Throat for SRCPS $633 x 5 = $3,165.00 6% Sales Tax = $1.89.90 Total Credit = $3.354.90 NOTES: TOTAL $1,870.00 ADD TAX All Quotations/Proposals prices are good for 90 days. After 30 days, prices wMH be adjusted to reflect any Increases In materials (Cement, Steel, Aggregates, castings, etc.) ACCEPTANCE OF PROPOSAL: The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. DATE OF ACCEPTANCE SIGNATURE JEFF DICK QuotationlProposal 25. CO4-3 Materials Quantity Unit Unit Price Total 12x20' PVC Sch 40 Pipe SWB BE Solvent Weld Bell 20 FT $ 11.34 $226.80 12 PVC S80 Vanstone FLG SW 1 EA $ 116.33 $116.33 12x1/8 FLG ACC RR FF 316SS B&N 1 EA $ 91.51 $91.51 $434.64 Sales Tax 7% $30.42 Subtotal for Materials $465.06 Labor 1 HR $ 45.00 $45.00 Subtotal Additions for CO4-6 $510.06 10% O&P $51.01 Total Additions for CO4-6 $561.07 255 k(UI1 voce U/12/14 HU SUPYLY WA1'1r:KWuit&S, LID. talLu eu r]y: tsvt CLOSE CONSTRUCTION INC. STOCK 062 PO BOX 2558 OKEECHOBEE FL 34973 Telephone: 863-467-0831 Pax: 863-763-6337 FT PIERCE FL 7374 Commercial Circle Ft Pierce FL 34951 Telephone: 772-466-5955 Fax: 772-466-5954 8/12/14 Bid ID: 3923657 PC SOUTH 12"VANsTONE CCLOSE LIST) Sell Line Quantity Per Description 12"VANSTONE 20 20 FT 12X20' PVC SCH40 PIPE SWB BE SOLVENT WELD BELL 30 1 EA 12 PVC $80 VANSTONE FLG SW 40 1 EA 12X1/8 FLG ACC RR FF 316SS B&N C04-3 Backup 1.00/ 1.004 WdL :Z0 PtOZ Z1 anti Subtotal: Tax: Bid Total VS69-997-ZZL:xel SH1100.91UliAckN1S OH Net Price 11.34 116.33 91.51 Page 3. Extended Price 226.80 116.33 91.51 434..64 30.43 455_07 256 C04-4 Back up GFA INTERNATIONAL 1215 WALLACE DRIVE DELRAY BEACH, FL 33444 PHONE: 561-347-0070 FAX: 561-819-1052 Additional Locations: Ft. Myers: 239-489-2443 Port St. Lucie: 772-489-9989 Miami: 305-945-1990 Visit Our Web Site www.TeamGFA.com Invoice DATE INVOICE # 6/30/2014 183588 For a nominal fee, GFA accepts credit card payments. Return your invoice with your credit card number, expiration date, and anwunt to be paid and we will process immediately. A 1.5%Per Month Late Fee Will Be Added To All Past Due Invoices. 257 BILL TO PROJECT NAME INDIAN RIVER COUNTY Attn: Engineering Division 1801 27th Street Building 'A' Vero Beach, FL 32960 PC South Algal Nutrient Removal Facility 1225 Southwest 5th Street Vero Beach, Indian River County, Florida GFA Proposal #12-0982.08 P.O. NO. TERMS DUE DATE PROJECT.ID# Celebrating 25 Years 1nB8-2013 Net 30 7/30/2014 12-0982.08 PC Soot... DATE DESCRIPTION REPORT ID# LOT #/LOC ... QTY RATE AMOUNT 3/24/2014 4/4/2014 In -Place Density Test - Soils In -Place Density Test - SoiLs D-0095, 96 D-0098 24 12 20.00 20.00 480.00 240.00 Please include the project # and invoice # on all payments. Thank you for your business. Total $720.00 Balance Due $720.00 For a nominal fee, GFA accepts credit card payments. Return your invoice with your credit card number, expiration date, and anwunt to be paid and we will process immediately. A 1.5%Per Month Late Fee Will Be Added To All Past Due Invoices. 257 521 NW Enterprise Drive • Port St. Lucie, Florida 34986 (772) 924-3575 • (772) 924-3580 (tax) 41N AT IN-PLACE DENSITY AND WATER CONTENT OF SOIL AND SOIL AGGREGATE BY NUCLEAR METHODS (SHALLOW DEPTH) - ASTM 6938 Project: P.C. South Algal Nutrient Removal Facility Address: 1225 SW 5th Street, Vero Beach, Indian River County Client: Indian River County Permit No: N/A, Area Tested: Flow Pad Soil. Description: Brown fine sand with rock Proctor / LBR ID: P-3 Max Density (PCF): 126.0 Opt Moisture (%): Project ID: 12-0982.08 ._ _._ Report ID: D-0098 Date: 4/4/.2014 Field Tech: Robert Liverman _-Test Mode: Direct Transmission Compaction Required (%): 98.0% Location Probe Depth (in) Elev 9.0% Test Standard: T-180 Wet Density (PCF) Dry Density (PCF) Moist. %) Grid Line 5049 8 25.75 1262 112.8 11;9% Grid Line 5042 12 26.00 129.8 116.9 11.0% Grid Line 5003 6 27.50 126.8 114.3 10.9% Grid Line 5004 6' 27.50 125.9 Grid Line 5010 4 27.25 123.0 113.2 11.2% 110.1 Grid Line 5010 12 27.00 129.4 116.8 11.7% Compaction 10.8% Grid Line 5009 4 27.25 126.4 113.8 11.1% 0 1 1 1 Grid Line 5009 12 27.00 125.2 112.9 10,9% Grid Line 5015 12 27.00 124.2 110.8 12.1% Results 89.5% 92.8% 90.7% 89.8% 67.4% 92.7% 90.3% Grid Line 5016 12 27.00 130.8 118.8 10.1% Grid Line 5001 6 27.50 129.1 116.4 '10.9% Grid Line 5001 12 27.00 126.4 114.9 10.0% 89.6% 87.9% .94:3% - 92.4% 91.2% Fail Fail Fail Fail Fail Fail Fail Fall Fail Fail Fail Fail Testing Gauge Information: Manufacturer: Troxler Model: 3430 S/N: 36442 Density Standard (DS): 2363 Moisture Standard (MS): 635 Remarks: Dan w/ Close Construction was notified of failing results after 1st test but wanted +ltit. Legend for Elevation:. PR = Proofroll SL = Springline SG = Subgrade BC = Basecourse TOP = Top of Pipe 1., 2, 3 = 1st, 2nd, 3rd Lift Ft, = Final. Lift BG = Below Grade BOF = Bottom of Footing FG = Finished Grade tests completed. Res iUc.a§ •; ie G eti ,,. cf:51 IP,hr r 60 675 *. 6./�720t o ald W. Moler, P.E. rz i oole$sior.( 'lEtOn # 40 TeSt reportshall nota reproduced, b od ed except in fullinternational without the written approval of GFA I ti al S WCit.fi Envirorxnerital . Geotechnical • Construction Materials Testing -Special and Threshold Inspections • Atilt - - Florida's Leading Engineering Source "i►l►►II@ttt www.teamgfa.com ance 258 521 NW Enterprise Drive • Port St. Lucie, Florida 34986 (772) 924-3575 • (772) 924-3580 (fax) FRNA'tIQ�Pti IN-PLACE DENSITY AND WATER CONTENT OF SOIL AND SOIL AGGREGATE BY NUCLEAR METHODS (SHALLOW DEPTH) - ASTM 6938 Project: P.C. South Algal Nutrient Removal Facility Project ID: 12-Q982.08 Address: 1225 SW 5th Street, Vero Beach, Indian River County Report ID: D-0096 Client: Indian River County__....�_, R _-. Date: 3/24/2014 Permit No: N/A Field Tech:Robert Liverman Test Mode: Direct Transmission Area Tested: Flow Pad, East Side Soil Description: Brown fine sand with rock Proctor / LBR ID: P-3 Max Density (PCF): 126.0 Opt Moisture (%):._2...0% Test Standard: T-180 Compaction Required (%): _98.0%._. Probe Depth (in) Elev Wet Density (PCF) Dry Density (PCF) Moist. Compaction Location (%) , 0 Results Grid Line 5022 8 26.75 128..2 114.6 11.9% 91.0% Fail Grid Line SE2 8 27.75 126.6 112.9 12.1% 89.6% Fail Grid Line SE2 12 27.00 122.4 110.1 11.2% 87.4% Fail Grid Line 5010 4 27.25 129.0 114.3 12.9% 90.7% Fail Grid Line 5010 12 27.00 126.0 113.4 11.1% 90.0% Fail Grid Line 5016 12 27.00 127.6 114.1 11.8% 90.6% Fail ' Grid Line 5023 8 26.75 124.9 110.5 13.0% 87.7% Fail 1 Grid Line 5029 6 26.50 127,1 112.6 12.9% 89.4% Fail Grid Line 5029 12 26.00 127.7 114.2 11.8% 90.6% Fail 1 Grid Line 5036 4 26.25 122.9 109.7 12.0% 87.1% Fail !Grid Line 5036 i 12 26.00 126.9 113.9 11.4% 90.4% Fail 1 Grid Line 5043 12 26.00 126.6 114.2 10.9% 90.6% Fail Testing Gauge Information: Manufacturer: Remarks: Troxler Model: 3430 S/N: 36442 Density Standard (DS): 2363 Moisture Standard (MS): 635 Dan w/ Close Construction was notified of failing results after lst test but w4rAfaaliall completed. I.tii►DW M .7, 4 ,* . '/ pt .P Legend for Elevation: PR = Proofroll SL = Springline SG = Subgrade BC = Basecourse TOP = Top .of Pipe 1, 2, 3 = 1st, 2nd, 3rd Lift FL = Final Lift BG = Below Grade BOF = Bottom of Footing FG .= Finished Grade Test report shall not be reproduced, except in lull. without the written approval of GFA International Environmental • Geotechnical • Construction Materials Testing • Special. and Threshold Inspections Florida's Leading Engineering Source www.teamgfa.com P e,. nal, nC.;� '•, 60675 ; a1d W M er P E. :• ti bio a ngineQr # ._( 5 pllance Stalr#JFS'k • �G r • Fief,, rrt�.rlliittl 259 521 NW Enterprise Drive • Port St. Lucie, Florida 34986 (772) 924-3575 • (772) 924-3580 (fax) '4'104NA-to IN-PLACE DENSITY AND WATER CONTENT OF SOIL AND SOIL AGGREGATE BY NUCLEAR METHODS (SHALLOW DEPTH) - ASTM 6938 Project: P.C. South Algal Nutrient. Removal Facility Address: 1225 SW 5th Street, Vero Beach, Indian River County Client: Indian River County Permit No: N/A Field Tech: Robert I_iverman Test Mode: Direct Transmission Area Tested: Flow Pads, East Side Soil Description: Brown fine sand with rock _ Proctor / LBR ID: P-3 Max Density (PCF): 126.0 Opt Moisture (%):^99.0%a Test Standard: T-180 Project ID: 12-0982.08 Report ID: D-0095 Date: 3/24/2014 Compaction Required (%): 98.0% Probe - Depth (in) Elev Wet Density (PCF) Dry Density (PCF) Moist. Compaction (%)- % esults Location Grid Line 5009 4 27.25 121.0 109.0 10.8% 86.5% Fail Grid Line 5009 12 27.00 124.9 111.4 12.1% 68.4% Fail Grid Line 5009 12 26.00 123.8 110.7 11.8% 87:9% Fail { Grid Line 5003 6 27.50 123.1 108.8 13.1% 863% Fail i Grid Line 5003 12 27.00 125.2 110.9 12.9% 88.0% Fail Grid Line 5004 6 27.50 124.9 110.1 13.4% 87.4% Fail T Grid Line 5004 12 27.00 127.4 114:7 11.1% 91.0% Fail e Grid Line 5035 4 26.25 126.4 113.2 11.7% B9:B%0 Fail 9 Grid Line 5035 12 26.00 128.2 114.4 12.1% 90.8% Fail 1 Grid Line 5028 0 6 26.50 131.3 115.9 13.3% 92.0% Fail 1 Grid Line 5028 1 12 26.00 126.1 113.6 11.0% 90.2% : Fail 1 Grid Line 5015 2 12 27.00 123.1 109.7 12.2% 87.1% Fail Testing Gauge Information: Manufacturer Troxler Model: 3430 SIN: �+a� Density Standard (DS): 2363 Moisture Standard (MS):_ 635_ Remarks: Dan w/ Close Construction was notified of failing results after 1st test but wanted all tests completed.. a+figeeee Legend for Elevation: Res,c�fifIIY11bJ PR xt Proofroll SL = Springline SG = Subgrade BC = Basecourse TOP = Top of Pipe 1, 2, 3 = 1st, 2nd, 3rd Lift FL = Final Lift BG = Below Grade BOF = Bottom of Footing FG = Finished Grade fifo ,ice b 0675 �7 014 Qnald W. Maier, P.E. Ofessionkli.Riirer #j. -75 alfa o lorlda �, : (L •Iixt�� pl{6nceimilitos OP ado 10. Test report shall not be reproduced, except in full, without the wntten approval of GFA International r Environmental • Geotechnlcal • Construction Materials Testing • Special and ThreshedInspectionst Florida's Leading Engineering Source www.teaingfa.com 260 CO4-5 Revise PS No. 1 Electrical Design Additions Quantity Unit Unit Price Total Labor 1 LS $ 5,904.00 $ 5,904.00 Material 1 LS $ 11,516.00 $ 11,516.00 Subtotal $ 17,420.00 10% O&P $ 1,742.00 Net Change $19,162.00 261 C04-5 Back up Date: 17 July 2014 Proposal submitted to: Close Construction Attn: Nichole C€metopl e lectricl olutions, LLC Job Location: Job Name: Vero ALGAL Architect: Wandover Date of plans: We hereby submit specifications and estimates for: Electrical work, including labor and materials as per RFI 594-037: 1. Remove existing conduit and gear installed for PS #1 MCC Install new U/G conduit and wire to MCC Rebuild and reinstall gear for MCC Labor- $5904.00 2. New MDP and disconnect equipment (4) 3/0 & (1) #6 in 2.5" conduit Misc fittings Material- $11516.00 Labor, equipment and materials furnished shall be warranted for one year. All work to be done according to local and NEC Code. All material is guaranteed as specified. All work to be completed in a work like manner according to standard practices. We propose to furnish material and labor and complete in accordance with above specifications, for the sum of: $17420.00 Seventeen Thousand Four Hundred Twenty and 00/100 Dollars Payments to be made as follows: Progress Billing Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements are contingent upon strikes, accidents or delays beyond our control. Owner is to carry fire, flood and other necessary insurance. All material is guaranteed as specified. All work to be completed in a work like manner according to standard practices. Note: This proposal may be withdrawn by us if not accepted within 15 days. Acceptance of Proposal- The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. In the event that it becomes necessary to collect this invoice by suit or otherwise purchaser agrees to pay all costs of collection including attorneys' fee. Signature:_ _ Date of Acceptance: 13949 61'` Lane N West Palm Beach, F133412 561-876-8091 262 CO4-6 Construct up to three 6" wells Additions Well work, labor & materials 1 LS 10% O&P Total $ 28,649.19 $ 28,649.19 $ 2,864.92 $ 31,514.11 263 C04-6 Back up AMERICAN DRILLING SERVICES, INC. 405 SW 2ND STREET OKEECHOBEE, FL. 34974 (863) 763-3221 July 9, 2014 Dear Keith, Thank you for allowing me to bid on your 6" wells for the storm water treatment facility in Vero. I don't know what a good 6" well will produce in that area so I suggest that we start with one. If we need additional wells we can add them. I would like to try a 6" well with an extra long screen to achieve maximum volume. This bid does not include tie in. We appreciate the opportunity to do business with you and we hope that call on us to serve all of your water needs. Sincerely, Frank DeCarlo Bid Goes As Follows; 1.) Assist with obtaining or modifying the water use permit from St. John's Water Management District.... $500.00 2.) Obtain the well construction permit from the Health Department...$250.00 3.) Drill a 6" PVC well approximately 100' deep with 40' of .030 slot screen...$5,000.00 4.) Install a test pump on the well and perform the draw down and recovery test...$2,500.00 5.) File a completion report with St. John's Water Management District 6.) Send performance results and well specs to you to review for recommendations Total Price $8,250.00 *Add $5,000.00 for each additional 6" well If you would like us to handle the tie in, I will need to know more information on the well placement before I could give you a quote. Each well will require a foot valve, well seal, drop pipe and distances from the well to the pump will be needed. NOTE: THE ABOVE PRICE IS INCLUDED IN THE TOTAL PRICE SHOWN ON PAGE 2 OF THE JULY 23, 2014 LETTER BELOW. 264 AMERICAN DRILLING SERVICES, INC. 405 S.W. 2" STREET OKEECHOBEE, FL. 34974 (863) 763-3221 July 23, 2014 Dear Keith, Thank you for allowing me to bid on your wells and water system. I am proposing to do this job in steel pipe above ground and PVC below ground. With the size of this job, suction leaks would be a nightmare! I don't know how many wells this job will take, so I am using three for the estimate. Please call me if you have any questions. We appreciate the opportunity to do business with you. Sincerely, Frank DeCarIo Bid Goes As Follows; 1.) 6 x 8 concentric reducing flange 2.) 6" stainless bolt kit 3.) (4) 8" stainless bolt kit 4.) (2) 8" weld on flange 5.) (2) 45' weld on 45' ells 6.) 21' of 8" galvanized pipe 7.) (2) 8" van stone flange 8.) 8" spigot flange 9.) 8" PVC cross 10.) 160' of 4" PVC schedule 40 11.) (3) 8 x 4 PVC glue in bushing 12.) (3) 4" PVC male adapter 13.) (6) 4" galvanized street elbow 14.) (6) 4" galvanized unions 15.) (3) 4 x 12 galvanized nipple 16.) (3) 4" galvanized tees 17.) (3) 4" galvanized plugs 18.) (3) 6 x 4 well seals 19.) 126' slim line check valves 20.) (3) 4" galvanized coupling 265 21.) (4) men with a backhoe, labor to install the suction lines and drop pipes into the wells. 22.) Shop labor, 1 man 8 hours to weld, cut and fabricate the suction 23.) *Estimated (3) wells...$ 18,250.00 Total Price $28,649.19 266 267 CO4-7 Three inch PVC Well Additions Quantity Unit Unit Price Total 3" PVC Gravel Pack Well 1 LS $ 3,000.00 $ 3,000.00 10% O&P $ 300.00 Net Change $ 3,300.00 268 C04-7 Backu r•• IJEC,,'LriiLD WELL DRILLING, INC. August 8, 2 e 14 Close Cons ruction Att: Chris ` 1ssi Proposal f. r Job Location: 20th Stree • and 5th Street SW 13 inch PV Gravel Pack Well to 90 Ft $3,000.00 State Perm t included Total cost: X3,000.00 **Paymen i is due at time services are rendered** Thank you ' o much for your business! By, If iza.N F Ti Bechtold l www.4welldrilling.com I 772-569-6604 269 C04-8 Backup Official Receipt - Indian River County CDPR103 - Official Receipt Trans Number Date I Post Date 20140607116/12/2014 12:18:15 PM 6/12/2014 Address: 1225 5TH ST SW METER ROW Owner: INDIAN RIVER COUNTY COA #: Permit Type: ELC Job Desc: SEE ADDITIONAL INFO Applicant: KING , GEORGE, GLENN DBA: COMPLETE ELECTRICAL SOLUTIONS LLC Swr Meter: Wtr Meter: Payor: CLOSE CONSTRUCTION INC Fee Information Fee Code Description GL Account DBPR DEPT BUSINESS $ PROF REG 4-441-208012 DCA DEPT COMMUNITY AFFAIRS S 4441-208001 PERM PERMIT FEE BUILDING DIVIS11-441032-322010 PAPCR APPL CREDIT -AUTO 1-441032-322010 Payment Slip Nbr PT 2014040855 Amount Waived $12.45 $12.45 Payment Code CHECK Payments Account/Check Number 3669 Total $830.00 5-75.00 $779.901 Amount $779.90 Memo: Total Cash Total Non Cash $0.00 $779.90 Total Paid $779.90 Cashier/location: BLDCR / 1 User:BLDCR Indian River County CD -Plus for Windows 95/98/NT/2000/XP Printed: 8/12/2014 11:12:30 AM %70 C04-8 Backup Official Receipt - Indian River County CDPR103 - Official Receipt Trans Number Date Post Date 2014041456 4/25/2014 .3:25:32 PM 4/25/2014 Address: 1225 5TH ST SW METER ROW Owner: INDIAN RIVER COUNTY COA #: Permit Type: ELC Job Desc: SEE ADDITIONAL INFO Applicant: KING , GEORGE, GLENN DBA: COMPLETE ELECTRICAL SOLUTIONS LLC Swr Meter: Wtr Meter: Payor:CLOSE CONSTRUCTION, LLC Payment Slip Nbr PT 2014040855 Fee Information Fee Code Description i GL Account Amount Waived PAPPL ? APPLICATION FEE - 75 OR 200`.1-441032-322010 $75.00 Payment Code CHECK Memo: Payments I Account/Check Number ! 3546 Total $75.00 Total Cash. Total Non Cash Amount; $75.00 $0.00 $75.00 Tdtal Paid $75.00 Cashier/location: BLDCR / 1 User:BLDCR Indian River County CD -Plus for Windows 95/98/NT/2000/XP Printed:4/25/2014 3:25:50 PM 271 C04-8 Backup Official Receipt - Indian River County CDPR103 -Official Receipt Trans Number Date Post Date Payment Slip Nbr 2014041455 + 4/25/2014 3:22:08 PM 4/25/2014 PT 2014040854 Address: 299 27TH AV SW METER ROW Owner: INDIAN RIVER COUNTY COA #: Permit Type: ELC Job Desc: SEE ADDITIONAL INFO Applicant: KING , GEORGE, GLENN DBA: COMPLETE ELECTRICAL SOLUTIONS LLC Swr Meter: Wtr Meter: Payor: CLOSE CONSTRUCTION, LLC Fee Information Fee Code ! Description f GL Account PAPPL !APPLICATION FEE - 75 OR 20011-441032-322010 Payment Code CHECK Memo: Payments Account/Check Number 3546 J Total Total Cash Total Non Cash Total Paid i Amount I Waived 75.00 I -_---------.___i $75.00 Amount', $75,00 ---$000 '1 $75.00 $75.00 Cashier/location: BLOCR / 1 User:B1..DCR Indian River County CD -Plus for Windows 95'/98/NT12000/XP Printed:4/25/2014 3:23:35 PM 272 C04-8 Backup Official Receipt - Indian River County CDPR103 - Official Receipt Trans Number Date Post Date 2014060712 6/12/2014 12:19:23 PM 6/12/2014 Address: 299 27TH AV SW METER ROW Owner: INDIAN RIVER COUNTY COA #: Permit Type: ELC Job Desc: SEE ADDITIONAL INFO Applicant: KING , GEORGE, GLENN DBA: COMPLETE ELECTRICAL SOLUTIONS LLC Swr Meter: Wtr Meter: Payor:CLOSE CONSTRUCTION INC Fee Code DBPR DCA PERM. PAPCR Fee Information Payment Slip Nbr PT 2014040854 Description 1 GL Account DEPT BUSINESS & PROF REG'44-441-208012 DEPT COMMUNITY AFFAIRS S14-441-208001 PERMIT FEE BUILDING DMS161-441032-322010 APPL CREDIT - AUTO 1-441032-322010 Payment Code CHECK Payments Account/Check Number 3669 Memo: Amount $2A8 $2.48 $166.00 Total $-75.00 $95.96 Amount $95.96 Total Cash Total Non Cash Total Paid $0.00 $95,96 r $95.96 Cashier/location: BLpCR 1 1 User. BLDCR Waived Indian River County CD -Phis for Windows 95/98/NT/2000/XP Printed:8/12/2014 11:13:47 AM 273 C04-8 Backup Official Receipt - Indian River County CDPR103 - Official Receipt Trans Number Date Post. Date Payment Slip Nbr 2014040727 4/14/2014 11:55:27 AM 4/14/2014 PT 2014040413 Address: 1225 5TH ST SW METER ROW Owner. INDIAN RIVER COUNTY COA #: Permit Type: BRADD Job Desc: POLE BARN. Applicant: CLOSE ., THOMAS, C. DBA: CLOSE CONSTRUCTION [NC Swr Meter: Wtr Meter: Payor CLOSE CONSTRUCTION INC Fee Information Fee. Code Description GL Account Amount f Waived PAPPL APPLICATION FEE- 75 OR 200 1-441032-322010 $200.00 I Total Payments $200.00 Payment Code iAccount/Check Number CHECK 1 3514 Amount $20Q_00 Memo: Total Cash, Total Non Cash $0.00 $200.00 Total Paid j $200.00 Cashier/location:. BLDLK 11 User:BLDLK Indian River County CD -Plus for Windows 95/9$/NT/2000/XP Printed: 4/1412014 11:55:41 AM 274 C04-8 Backup Official Receipt - Indian River County CDPR103 Official Receipt —Trans Number Date Post Date 2014060710 6/12/2014 12:16:49 PM 6/12/2014 Payment Stip Nbr PT 2014040413 Address: 1225 5TH ST SW METER ROW Owner: INDIAN RIVER COUNTY COA #: Permit Type: BRADD Job Desc: POLE BARN Applicant: CLOSE , THOMAS, C DBA: CLOSE CONSTRUCTION INC Swr Meter: Wtr Meter: Payor:CLOSE CONSTRUCTION INC Fee Code FCPR DBPR Fee Information Description GL Account FIRE CONSTRUCTION PLAN R 114034-342210 DEPT BUSINESS & PROF REG 4-441-208012 DEPT COMMUNITY AFFAIRS S 4-441-20.6001 DCA Amount Waived $100.00 $3.00 $3.00 PERM PAPCR PERMIT FEE BUILDING DIVISI 1-441032-322010 APPL CREDIT - AUTO 1441032-322010 $200,00 Payments Total r Payment •Code CHECK Account/Check Number 3669 Merno: $-200.00 $106.00 Amount $106„00 Total Cash Total Non Cash Total Paid $0.00 $106,00 $106.00 Cashier/location: BLDCR / 1 User:BLDCR Indian River County CD -Plus for Windows 95/96/NT/2000/XP Printed:8/12/2014 11:14:30 AM 275 C04-8 Backup Official Receipt - Indian River County CDPR103 - Official Receipt Trans Number Date I Post Date Payment Slip Nbr 2014051155 5/20/201411:42:05 AMI 5/20/2014 PT 2014050604 Address: 1225 5TH ST SW OSPREY MARSH SITE Owner: INDIAN RIVER COUNTY COA#: Permit Type: BC Job Desc: COMMERCIAL Applicant: CLOSE ,THOMAS, C DBA: CLOSE CONSTRUCTION INC Swr Meter. Wtr Meter Payor: CLOSE CONSTRUCTION INC Fee Information Fee Code 1 Description PAPPL GL Account Amount 1 Waived APPLICATION FEE - 75 OR 20011441032-322010 I $200..0.0 1 1 Total Payments $200.00 j Payment Code CHECK Account/Check Number Amount 3606 $200.00 Memo: Indian River County CD -Plus for Windows 951981NT/2000IXP Total Cash Total Non Cash Total Paid $0.0.0 $200.0'0 $200.00 Cashier/location: BLDLK / 1 User: BLDLK Printed: 5/2012014 11:42:22 AM 276 C04-8 Backup Official Receipt - Indian River County CDPR103 - Official Receipt j Trans Number Date Post Date Payment Slip Nbr 1 2014060709 6/12/2014 12:15:33 PM 6/12/2014 PT 2014050604 Address: 1225 5TH ST SW OSPREY MARSH SITE Owner: INDIAN RIVER COUNTY COA #: Permit Type: BC Job Desc: PRE -FABRICATED CONCRETE BUILDING 144 SQ FT Applicant: CLOSE , THOMAS, C DBA: CLOSE CONSTRUCTION INC Swr Meter: Wtr Meter. Payor:CLOSE CONSTRUCTION INC Fee Information Fee Code Description GL Account FCPR FIRE. CONSTRUCTION PLAN RE114034-342210 DBPR DEPT BUSINESS & PROF REG :4-441-208012 DCA Amount Waived $100.00 $3.00 DEPT COMMUNITY AFFAIRS S L4-441-208001 $3.00 PERM PAPCR PERMIT FEE BUILDING DIVISIO 1-441032-322010 $200.00 APPL CREDIT - AUTO 1-441032-322010 $-200,00 Payment Code CHECK Memo: Total Payments $106,00 1 Account/Check Number 3669 Indian River County CD -Plus for Windows 95/98/NT/20001XP Amount. $106.00 Total Cash $0.00 Total Non Cash $106.00 Total Paid $106.00 Cashier/location: BLDCR / 1 User.BLDCR Printed: 8/12/201411:11:53 AM 277 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Lange Sykes ADDRESS: 836 Riomar Drive, Vero Beach, Fl 32963 PHONE: 772-473-7983 SUBJECT MATTER FOR DISCUSSION: Oslo Boat Ramp Expansion Project IS A PRESENTATION PLANNED? IS BACK-UP BEING PROVIDED IS THIS AN APPEAL OF A DECISION YES I YES X YES X X NO NO NO WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? Discontinue Oslo Boat Ramp Expansion Project ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? YES NO Transmitted to Administrator Via: Interactive Web Form E -Mai 1 Fax Mail Hand Delivered Phone COUNTY ADMINISTRATOR: MEETING DATE: • J 1 ��'►� , �) Joseph A. gird Document2 Board Approved 1I 7!06 278 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION /08 a . REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Kristen Beck, Florida Outdoor Center ADDRESS: 660 Brush Foot Drive, Sebastian, FI 32958 PHONE: 772-202-0220 SUBJECT MATTER FOR DISCUSSION: Expansion of Oslo Boat Ramp IS A PRESENTATION PLANNED? IS BACK-UP BEING PROVIDED IS THIS AN APPEAL OF A DECISION X X YES YES YES NO NO NO WHAT RESOLUTION ARE YOU Oppose Expansion Bt RampSave the Sea Grass REQUESTING OF THE COMMISSION? pp panson oBoat ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? YES x NO Transmitted to Administrator Via: Interactive Web Form E -Mail Fax Mail Hand Delivered Phone COUNTY ADMINISTRATOR: MEETING DATE: Documen12 Board Approved 11!7/06 279 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2)• limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Parris 'Westbrook ADDRESS: 1955 3'i Street, Vero Beach, FI 32962 PHONE: SUBJECT MATTER FOR DISCUSSION: Oslo Boat Ramp Expansion Project IS A PRESENTATION PLANNED? IS BACK-UP BEING PROVIDED IS THIS AN APPEAL OF A DECISION WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? `YES x , YES x_ YES NO NO NOS 772-584-0652 Stop Oslo Biaat Ramp Expansion Project 1 ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? YES Transmitted to Administrator Via: Interactive Web Form E -Mail Fax Mail Hand Delivered Phone COUNTY ADMt1VISTRATOR: MEETING DATA: NO oseph A. Baird Document2 Board Approved 11/7106 280 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM PUBLIC NOTICE (INFORMA l ION -u.► /063_ TO: Joseph A. Baird, County Administrator DEPARTMENT HEAD CONCURRENCE Stan Boling, AI ; Community Development Director THROUGH: John W. McCoy, AICP; Chief, Current Dev Development FROM: Ryan Sweeney; Senior Planner, Current Development DATE: August 21, 2014 SUBJECT: Notice of Scheduled Public Hearing for an 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 September 9, 2014. DESCRIPTION AND CONDITIONS: Please be advised that the following public hearing item has been scheduled for Board consideration: September 16, 2014 1. Kenneth J. & Claire K. LaPointe's request for Special Exception Use Approval to modify the rear yard setback for the lots adjacent to the Marsh Island PD marina (Lots 21 — 28). [PD -14-07-07 / 20020035-72508] (Quasi -Judicial) RECOMMENDATION: The above referenced notice is provided for the Board's information. No action is needed at this time. Indian River Co. Approved Date LegalAdmin. �Y ,ly Budget / Dept. 8 /2_2/41 F:\Community Development\CwDev\public hearings\BCC\2014\9-16-14 public hearing notice to board.doc 281 13,1` ATTORNEY'S MATTERS: 9/9/14 Office o, f 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: Kate Pingolt Cotner, Assistant County Attorney DATE: September 3, 2014 SUBJECT: Authorization to Participate in the Petition for Rule Challenge Against the Florida Department of Juvenile Justice BACKGROUND: On July 6, 2010, the Department of Juvenile Justice ("DJJ") promulgated and adopted Rules 63G-1.1011, 63G-1,013, 63G-1.016 and 63G-1.017, Florida Administrative Code. The practical effect of the referenced rules shifted millions of dollars of the cost-sharing responsibility onto the participating counties within the State of Florida ("Participating Counties"). As a result, several of the Participating Counties decided to challenge the referenced rules. In 2013, Florida's First District Court of Appeals upheld a lower tribunal's decision which determined that the referenced rules were an invalid exercise of DJJ's delegated legislative authority. On March 28, 2014, and on June 6, 2014, DJJ held two public workshops/hearings pertaining to newly proposed language for Rules 63G-1.1011, 63G-1.013, 63G-1.016 and 63G-1.017, Florida Administrative Code. Thereafter, on June 16, 2014, twenty-five Participating Counties and the Florida Association of Counties (collectively "the Petitioners") filed a Petition for Rule Challenge (the "Petition") with the Department of Administrative Hearings. In the Petition, the Petitioners challenge specific definitions as well as the basis for calculating actual costs for the Participating Counties. While DJJ has proposed a new methodology for calculating actual costs for the Participating Counties, it is still incorporating an appropriation from the legislature. Currently, DOAH Case No. 14-002799RP is being held in abeyance because DJJ released an amended set of proposed rules which required another workshop on August 5, 2014. At this time, the Board has the opportunity to join the effort in challenging the newly proposed language for Rules 63G-1.1011, 63G-1.013, 63G-1.016 and 63G-1.017, Florida Administrative Code. If the Board determines that it is in the best interest of Indian River County to participate in the pending rule challenge, it must contribute $1,000.00 to the litig Approved for September 9, 2014 ' C Meeting EY'S COUNTY A" OR Y Indian River Co. A 1 I roved Date Admin. r-0, Co. Atty.f Budget � j�� Cj 1( Department Risk Management --- Board of County Commissioners September 3, 2014 Page 2 of 2 FUNDING: If the Board chooses to participate in the pending rule challenge, $1,000.00 would come from the County Attorney's Office Legal Services Account No. 00110214-033110. RECOMMENDATION: The County Attorney recommends the Board authorizes Indian River County to join the pending litigation. 283 2 ATTORNEY'S MATTERS: 919/14 Oce of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal — Deputy County AttorneyItA4D DATE: August 28, 2014 SUBJECT: Demolition of Burnt Structure — Lot 5, Block 5, Glendale Lakes Subdivision 911 46th Avenue (33-39-09-00008-0050-00005.0) In September, 2010 there was a structure fire at 911 46th Avenue (Lot 5, Block 5, Glendale Lakes Subdivision). Based on a complaint through Indian River County Code Enforcement, in July, 2013 the Building Department inspected the property and reported that the structure was abandoned and unsafe, which eventually resulted in the structure being condemned by the Indian River County Building Official in August, 2013. Proper notification was afforded to the owner, Richard G. Harper, giving him the opportunity to appear before the Board of County Commissioners and to cure the problem. In November, 2013 the Board ordered the structure demolished with the demolition and debris removal to be performed by a private vendor approved through the standard bid procedures and thereafter a lien for the demolition costs was to be filed against the property. Before the total costs of the demolition were available for filing a lien against the property, Richard G. Harper sold the property to Everette and Sherrie Powell. Because the Notice of Building Official, Resolution No. 2013-120, and Notice of Commencement were recorded in the public records, the Powells were made aware through their title company that the demolition was performed by the County with a lien for the total costs to be filed against the property. At the time of closing (February, 2014), the total demolition figure was not available, and the Powells executed both an "Affidavit" and an "Acknowledgement With Hold Harmless" acknowledging that they were the responsible party for paying the costs of demolition. In July, 2014 the County Attorney's Office, by letter, notified the Powells of the total demolition costs of $5,731.97, and provKlsd t FOR q 4-14 3 ) 0 0, MELTING - REGULAR,AGENDA. ATTORNEY them with an itemization of the calculations, requesting that the amount be remitted by August 29, 2014 in order to avoid a lien being filed against the property. Mr. and Mrs. Powell have delivered a cashier's check to the County Attorney's Office in the amount of $5,272.00, indicating that despite the total itemized costs of demolition being $5,731.97, only $5,262.00 was the actual cost of demolition by the County's contractor to remove the structure. The difference of $469.97 was for costs, including title work, associated with notification to the prior owner, Richard G. Harper, which predated the Powells' ownership interest and in which the Powells had no knowledge of. FUNDING: If the Board approves staff's recommendation, the only further cost associated with this item would be the cost of $10.00 for recording a Release and Satisfaction in the public records of Indian River County. Funds for this expenditure are available in the MSTU Fund/Road & Bridge/Other Contractual Services, Account No. 00421441-033490. RECOMMENDATION: Staff recommends that the Board accept the Powells' payment of $5,272.00 as full and final satisfaction of the total costs associated with the demolition of the structure on Lot 5, Block 5, Glendale Lakes Subdivision, and authorize the Chairman to execute the attached Release and Satisfaction for recordation in the Public Records of Indian River County, Florida to memorialize the satisfaction of the demolition recited in both the recorded Certificate of Building Official and Resolution No. 2013-120. /nhm attachments: 1. itemization of costs 2. letter 3. cashier's check 4. Release and Satisfaction cc: Everette & Sherrie Powell 2 285 COSTS FOR LIEN ATTACHMENT CALCULATIONS: 911 46th Avenue 33-39-09-00008-0050-00005.0 INSPECTION REPORT ON PROPERTY $ 75.00 POSTING CONDEMNATION CARDS $ 75.00 OWNERSHIP & ENCUMBRANCE REPORT $ 75.00 PREPARING CERTIFIED NOTICES $ 45.00 POSTAGE CERTIFIED x 2 $ 12.22 INSPECTION BY BUILDING OFFICIAL $ 75.00 NOTICE TO OWNER OF BCC MEETING $ 45.00 POSTAGE - CERTIFIED MAIL X 3 $ 18.33 POSTAGE - REGULAR MAIL X 2 $ 0.92 RECORDING FEES: - CERTIFICATE OF BUILDING OFFICIAL - INTENT TO LIEN (RESOLUTION) - NOTICE OF COMMENCEMENT - ACTUAL LIEN COSTS OF DEMOLITION $ 10.00 $ 18.50 $ 10.00 $ 10.00 $5,262.00 TOTAL COSTS: $5,739.97 286 August 27, 2014 William K. DeBraal Deputy County Attorney 1801— 27 Street Vero Beach, FL 32960 RECEIWE) AUG 27 2014 COUNTY ATTORNEY OFFICE RE: Demolition Cost 911 - 46 Avenue, Vero Beach, FL 32966 Dear Mr. DeBraal, We received your letter dated July 17, 2014, requesting payment of $5,731.97, along with a copy of the breakdown of the demolition cost. Prior to our dosing we were informed of the county's action to demolish the property. The notice of commencement was filed and the permit was applied for; which, we agreed to pay these costs. However, these other charges dating back to 2010 were not disclosed to us and were riot posted anywhere that we could locate. All charges to the property prior to our contract date are the responsibility of the previous owner and these charges should be sent to him. He was aware of these, we were not. We will honor our agreement and pay what we agreed to $5,272.00, however, we do not believe these other charges are our responsibility. We have enclosed a cashier's check in the amount of $5,272.00 and will wait to hear from you in reference to the other charges. Feel free to contact us at 772.978.9246. Sincerely, Everette & Sherrie Powell 287 288 This document was prepared by: Office of Indian River County Attorney 1801 27th Street Vero Beach, FL 32960 772-226-1425 RELEASE AND SATISFACTION FOR AND IN CONSIDERATION of certain sums paid, the receipt of which is hereby acknowledged, INDIAN RIVER COUNTY, whose address is 1801 27th Street, Vero Beach, Florida 32960, hereby releases from the below described property, formerly owned by Richard G. Harper, and now owned by Everette Powell and Sherrie Powell, husband and wife, the costs of demolition recited in or associated with (1) Certificate of Building Official recorded in Book 2711, Page 324; (2) Resolution No. 2013-120 recorded in Book 2773, Page 2343; and (3) Notice of Commencement recorded in Book 2735, Page 742, all of the Public Records of Indian River County, Florida: Lot 5, Block 5, GLENDALE LAKES, according to the Plat thereof, as recorded in Plat Book 6, at Page 26, of the Public Records of Indian River County, Florida. EXECUTED by the Chairman of the Board of County Commissioners of Indian River County, Florida, this day of September, 2014. BOARD OF COUNTY OMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: By Deputy Clerk Peter D. O'Bryan, Chairman BCC approved: STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of September, 2014 by Peter D. O'Bryan, Chairman of the Board of County Commissioners of Indian River County, Florida, who is personally known to me. NOTARY PUBLIC printed name: Commission No.: Commission Expiration: Appr•ve• as to s liam K. DeBraal Deputy County Attorney Public Hearing - 09.9.14 Oce of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorne DATE: August 26, 2014 SUBJECT: State Road 60 Interest Share Fee Sunset Date Ordinance BACKGROUND On July 1, 2014, the Indian River County Board of County Commissioners (the "Board") voted to terminate the State Road 60 Interest Share Fee (the "Fee") on October 1, 2015. In approving the termination of the Fee, the Board authorized staff to prepare the necessary ordinance changes and submit them to the Board for final approval. Consistent with this authorization, the County Attorney has drafted the attached proposed ordinance which creates a sunset date of 5 p.m. on September 30, 2015 into Chapter 214 (State Road 60 Interest Share Fee Ordinance). This ordinance will codify the Board's policy thus providing certainty for permit applicants concerning the Fee in the future. FUNDING. The County currently receives revenues of approximately $140,000 per year from this source. These revenues are deposited into the Optional Sales Tax Fund and the Secondary Roads Fund to reimburse each fund for estimated lost interest earnings. Approved for September 9, 2014 BCC Meeting Public Hearing COUNTY ATTORNEY F. Uno.neyU.wleGtNkAgr lg C h4ge.da A?ee..uty,a,e Aoad 60 Inter., Snore ree O>d,wnce A.re.,e.dor 290 Indian River Co. Ap, oved Date Admin. • r Atty. �� t°1(ItACo. Budget c16)' 4 Department 1- / y Risk Management --- — f 290 Board of County Commissioners August 26, 2014 Page Two RECOMMENDATION. The County Attorney's Office recommends that the Chairman open the public hearing, take public input, and close the public hearing, and that the Board of County Commissioners then consider adoption of the attached proposed ordinance with an amended title to reflect the modified time and date. ATTACHMENT. Proposed Ordinance Creating Sunset Date for State Road 60 Interest Share Fee F:` Artrrrnn'Lrda1GINI ALT C CNgeade+Merw.s,Smfe Road 60 Inferred Shore Fee Grdina.rce Ademo. doc 291 ORDINANCE NO. 2014 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CREATING SECTION 214.11 (SUNSET DATE) OF CHAPTER 214 (STATE ROAD 60 INTEREST SHARE FEE ORDINANCE) OF THE CODE OF INDIAN RIVER COUNTY PROVIDING FOR SUNSET OF THE STATE ROAD 60 INTEREST SHARE FEE ORDINANCE ON OCTOBER 1, 2015; AND PROVIDING FOR SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, on July 1, 2014, the Indian River County Board of County Commissioners (the "Board") voted to terminate the collection of the State Road 60 Interest Share Fee on October 1, 2015; and WHEREAS, in order to prevent confusion, the Board is enacting a sunset date into Chapter 214 (State Road 60 Interest Share Fee Ordinance) of the Code of Indian River County in order to codify this policy; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. Enactment Authority. Article VIII, §1 of the Florida Constitution and Chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of promoting the public health, safety and welfare of the residents of the county. The Board specifically determines that the enactment of this ordinance is consistent with general or special law, and is necessary and appropriate to promote the health, safety and welfare of the residents of Indian River County. Section 2. Findings. The Board fords that the above "Whereas" clauses are true and correct, and hereby incorporates such clauses as findings of the Board. Section 3. Creation of Section 214.11 (Sunset Date) of Chapter 214 (State Road 60 Interest Share Fee Ordinance) of the Code of Indian River County (the "Code"). Section 214.11 (Sunset Date) of Chapter 214 (State Road 60 Interest Share Fee Ordinance) of the Code of Indian River County is hereby created to read as follows: CODING: Words in format are deletions to existing text; words in underlined format are additions to existing text. 292 ORDINANCE NO. 2014 - Section 214.11. Sunset Date. This chapter shall sunset at 5 p.m. on September 30, 2015. The sunset of this chapter shall not affect the fees authorized under this chapter that were collected prior to 5 p.m. on September 30, 2015. Section 4. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 5. Codification. It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re -lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. Section 6. Effective Date. This ordinance shall become effective upon filing with the Florida Department of State. This ordinance was advertised in the Vero Beach Press Journal, on the 25th day of August, 2014, for a public hearing to be held on the 9t1 day of September, 2014, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Peter D. O'Bryan Vice Chairman Wesley S. Davis Commissioner Joseph E. Flescher Commissioner Bob Solari Commissioner Tim Zorc The Chairman thereupon declared the ordinance duly passed and adopted this day of September, 2014. CODING: Words in format are deletions to existing text; words in underlined format are additions to existing text. 2 293 ORDINANCE NO. 2014 - BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court Approved as to form and legal sufficiency: and Comptroller By: Deputy Clerk Dylan Reingold, County Attorney EFFECTIVE DATE: This ordinance was filed with the Florida Depth uncut of State on the day of , 2014. CODING: Words in strike-eugh format are deletions to existing text; words in underlined format are additions to existing text. 3 294 Indian River County Attorney's Of... N Ad Number: Insertion Number: N/A Section-Page-Zone(s): 1 Col x 132 ag NOTICE OF INTENT - P 4r1 3 ftri ;4, 1I Jl1 Monday, August 25, 2014 NOTICE OF ADMINISTRATION DECEDENT'S DATE OF DEATH 15 BARRED. The date of the first public 'LAugust of this 18, 204. Personal JeNRrey R. S ePreaenla 59]5 Ki0014. ngs 7Uaa, Caliiffebamia 93986 SetveagerbSlteerg er, PA, roT Representative rg . R uire Fla SW Cleveland d FL 2444 4one:l]]220-3518ee a. vTzo..320gnyamn: c @negerlaw Ineanda P":1Turlaw umha Aupu,t 19, 35. 2014 TCN3643318 COURTHFORM.IARRO COUNTY PROBATE DNISII N Division. MIRMAN File Nd: 160496 WOBERT BRE ST1.TEAF RAPCIA, Deceased NOTICE TO CREDITORS The administration of l ROB ERT L[BAPCIA, JP., dace f de hose date oo death was May td, 2014; i PeendCoun lernMartin Cortly, Florida, Pro- bale Divi Fne diesNo.1 whichis 100-0 fires, 02 .7`h :end`, Stuart. Emala, n91-4,7,7 s Per d:e Person. the we 'anthe personal representative'.ney • e set ft-, w. All ldreditor, of the Pe`rsonls h,viog claims o,M1 emanda deco emit- flureinclud. mg 4nmr unliqd. n- unlipwhom aeaeclaims, en m.: marved m it file niere M1 mi0 tATEH OF FTHNE THE MONTHS AFTER MONTHS AFTER THE DATE OF THE FIRST PUBLICATION 06 OF THISNOTICE OR THIRTY 1301 DAYS RTHE DATE OF SERVICE OF COPY OFTHIS OF THIS NOTI1 CE ON THEM. All other creditors d1 NOTICE OF NOTICE OF ADMINISTRATION ADMINISTRATION and the personal representative'sRobert0. Shatter, too, aset a y are tortEsquire below. ow. .nioA741880tor personal .a.74,, FLpeTI6.88 paeans r ndD16danulAvnu. a'tZ;stOeledmant's 54uaCM1FL359, whom a Phone:l212860990 copy of this notice is Fax (m)286172e red to be Primary a -mail: required file Meir rananerGifPalaw.00m claims with this Sxondary small: r WITHIN THE Nria@jlpalaw.wm LATER FT R Sept A MONTHS AFTER September1,20142S THE TIME IC THE TCN264dAl2 FIRST PUBLICATION E TJRCUIT F S TICE OR 21,7?IN ANO FOP DAYTHI.s1 NOFTER THE N COUNTY, DATE OF SERVICE FLORIDA NOTIICE ON THEM. F A COPY OF HIS DR. D161529 -C All .t. credemre of C - P M1e de^ dent and N RE:ESTATE OF elem. or doenoo-d; JONATHAN against the SAOOWSK a, Deceased. flvnteeir claims in NOTICE rhes CourtWITHIN 3 TO CREDITORS MONTHS AFT NL1TO ALL PERSONS HAVING CLAIMS OR DEMANDS AGAINST THE ABOVE amiiof 1.1:0;',9%Mara aei nw din FIRST PUBLICA OF THIS NOTICE AFILLLED CLAIMS TIME 1 IN GOPTH IN ]33.]03 R FLORIDA LBE T OE WILL BE TOR EVER SAPPED: NOTWITHSTANDIDS SHE TIME PERIODS SET FORTH ABOVE, ANY CLAIM FILED TWO 121 YEARS OR MORE AFTER THE DECEDENEATHT'S DATE OF D BARRED. S me date mm. bra pu :Insmn Auguof st 1this8 N is , piiLe 4ha decedent and o her claims 21 38 nevm9 aanof amen gainer the Sec ee... 4;;11 dub in° 87 .,8r E, on- eremer4m8701. e,cl WITH wrn tele Court WITHIN THREE 131 MONTHS AFTER FHS DATE OF THE FIRST PUBLICATION ALL THIS NOTICE. LEOWS '13122 FR EVER BARRED. IOL tationeAlnti tle li mi[ation ario Section ]33.Ito dl Cne Florida Prabab odelpovides'limi[: ii 4nim aKm 842 ,ria. on 88p1 2 1 claims. Ea- ept riniens as edt 733.701131 Se credit- ors n the aperiole, set M1e above ens with inn2 year. •Iter the pear caller 'e dee oreri ei4hef e Dec the Paean mal shallh be 17.01eany claim or cause or not Letters h1 not tofeve 0.0. 1 Orzdf ministration nnpuuahle cation ref this INotioe 11gt9 to Creditors dee of a death was tmad,ln 2014 4, Personal Manor JASON M P OZS 118]0 S21 Ah MMahar Suite 210 Davie, FL 33325 Anomer for Personal SAMUEL M SILVER, University SDiti 10 Orvie, Florida 32]2/153[3 954E41.5700 Ti August tic, 25, T[C642239 IN THE CIRCUIT COURT FOR MARTIN PRONATE DIVISION PROBATE 0 File No.: 14-516CP IN RE: ESTATE OF MARY KATHRYN AHLEY pa.ae.a NOTICE TO CFEORORS The administration al M1e saran dl MARY KATHRYN PARLEY, Zcee.e S. n.ae . 29!'°22g4, oelte�. 300 d,c is lataLyeunryry Fl fid MPrn goZ4 D i , in aa - a Ten is Stuart. FL 34994 e .re tedper onalrepieprn, maeve 44 Re0vseAa1l FresslyBrl*, OIBce Box un, Fodda 389 d neaem rs tll the nedmanas having e cO ms decedent's estateon whom wham a copy 01 this red le ti Iver :e<e°p ,[ RIe their ,aims with Iris WITH IN THE LATER OF THREE MONTHS AFTER Lakeview Avenue, THE TIME IC THE °Soils 910. West Pvlm FIRST PUBLICATION Beach, FL 33401 OF THIS NICE Frances A Farley DAYS AOTFTER THEOH Proodyb Presaly. DATE OF SERVICE OF ACCOPY OF THIS 32 Lakeview Avenue. Oo . ON THEM. n, 'Il M1 dim 5uitnBl3 M1WFM3Pal01 he[tl 88 n end Th Ndnhem To pars. ns having LdmOany laims or demands By: hs: 5emor Vice gains[ [ateanlu we,m<m =m ... rJo Pressly A Pressry. fie tM1er vtlaimv whh P h WITHIN 303,910.eWAvenue. THflEE MONTHS Suhe 910. WeA Palm AFTER THE DATE OF Beacn. FL 32,01 THE iIRST THIS TION OF THIS N0. Represem11'1.;8.1V. 3v91 TICS. Pp eAaalV b Pressl Y. FIlLLED CWITLAIMSOIN 64 78 E Esperame Bldg,- TIME PERIODS SET Suite 910 W22 Lakenew Avenue an Pdm Beacn, FL 33101{112 FORTH IN 1000POSPEEOCBTTAIO 0002 WILL FOR- EVERBARRED. NOTWITHSTANDING THE TIME PERIODS SET 0ORTH *8000. ANY CLAIM FILED TMWOREO I31AFTER THE YEARS 42 DECEDENT'SDATE OFc OF DEATH H 15 By:JOhIp, "'(hIp,m BARRED. 11 adlph, J7. me sae of m. oral FL1Bar N0.:989355 Publication of this Puh'. August 18, 25, nuc•i, Augurs 35. g 4 ala TLN243331 IN THE CIRCUIT COURT IN AND FOR MARTIN COUNTY, FLORIDA PROBATE DIVISIONENO.:14-525-CP IN R6 ESTATE OF EILEEN N. SMITH. eh/a EILEEN SMVTN, Shh EI,EEN E HMTH,RS ETHER HANDLER N, NOTICE 654,.:IT/312860690 TO CREDITORS Pnm1rv2>m88.1729 TO ALL PERSONS d ..-iftlaw.cdm 94 HAVING CLAIMS OR 107 an DEMANDS AGAINST Secondary a -mail. THE ABOVE ESTATE: r ®II alaw.com rte adminiavetion al PSeq bcr°tu 3014 5 the Estate of IIda EN TCN2644476 N SMYTH, a/k/a EEN E. SMYTH, EILEENH, RAN: ed, e, whose date REQUEST REQUES FOR BID dens was ), REQUEST FOR BID 4 is umin Court for Pirtle/Pinnacle Con nCo ryrya Floc neon ill beac p e'robaenoivi li 9 ,ubtco onlrac bide IM1e e address of which a Pan Office Box school District el W In - 6 Stn, Florida ,an River County 1'Stan,9 5. Administrative Com - All creditors of the piety. Phase 1 'Sale tlecedenT and per- ork.' Property t ,ondhaving Jai located o ce emand age claims eof Snow Greve 4821 .0 eaate do MS on 5][h sneer, whom a rep 01 mio Vero Beach; F L. iced re Beale, bide r due be WIT win Nu on ea 6, azaii epi -0o WITHIN TEE PM et Pinnacle LATER MOF THREE US MONTHS rpeen-6685 U5 MONTHS AFTER 0,ror;B . 60 THE 00800 ION Vero Beacn, FL ORST PUBLICATION 678-50 F THIS NOTICE OB Pre-bid 1.4;6;14'2 30 DAYS AFTER THE b0 51941 eld u OFA OP SERVICE 01428.14;8,N Tentl OFA COPY OF THIS 7 • ms p2.1,82, NOTICE ON THEM. ver SBoash, Ian, tbe`a e7ud^n0:rte Plea HSim 6e:d claims o t dame Moi d ll. school. dpalest he deter Phase I'Sne wort' em', a are m4 n ,7,4 7 bre e. nm Ale men d,ima wen 1.1.•:474.2O2: 574 - M1is coon WITHIN f The ane, Gradingg THREE MONTHS ipg , , 0tr Bic,, THEAFTERF THE DATE OF g Pad, Un Mica, THE FIRST PUSLICA- W.er and Sewer per TION OF THIS NO- Ins •plana and spenf- TLLE ort 4, . Subconrs; ALL CLAIMS NOT r ill be napansi- FILED WITHIN THE We fora second mo - TIME PERIODS SET ...ion to return to FORTH IN SECTION en all asphalt, Nnd FLORIDA PROBATE All interested curbs panties CODE WILL BE FOR-,uld email Bill EVER BARRED, Co4nder/ Pale Con - 700 TI HSTAND)Nc ran on a[ rend.. THE TIME corn o, .1. clean. SET FORT1.200610. c dr Pete Clem - ANY CLAIM FILED a s /Pinnacle Lan - TWO 111 YARS OR n TMORE SR THE 0..4 omle 4a14own4n1l4aIPua ,2 4 DECEDENT'S S ore. 6831 cur F DEATH IS my ^repualined he date thelin wH^BARED. - natr11nuMeof T Pre -qualification n , Pale quat Kenneth PoSmyth wwwileonstrct'e mortP18M1 4ip9tllor0 West Fli.20p,MDOyoed o5 ) oua wet REQUEST FOR B10 tu`I 95634359)5, p,Newnavu303®.cam 706: Au9us[ 25, 19, TCM2644]9 NOTICE OF MEETING 'Ube Indian River only Noapital will Hold a Choi on Wednaeda,rAu° Mist Office Confer re Room, 3730 05 Terrace. Suis FL Vero o Beach,FL 33960. be ;g meetings be tlesnat to -770 RTig offices a ]]2-]]0 If es9 decides to alsa she oin;‘,cl w 2.44.0,2 80'02pu - lir portions olr a„ lenn<a a renora PI toe ei :VCOsvahe ens [tai needbT em.n dln7a meof th p0 nwr 8- mdmes arta ;; civ eyiaetz upon which the 7 peal is m be based. Pub: Augurs 35,3014 N- NPUICE 0400016INTENT - PUBLIC HEAPING NOTICE 157 HRRBY Board of Counhy Commissioners of Indian River County, 8 9400, will conduct consid Pu eradoption orH sed or i ante eentited: AN ORDINANCE OF THE BOARD OF COUNTY COMMIS- SIONERS OF INDIAN RIVER COUNTY, FLORIDA, CREATING SECTION 14.11 CSUA P T EARTS11 (STATE ROAD 60 IN- TEREST SHARE FEE ORDINANCE/ OF THE CODE OF INDI- ANBIVER COUNTY PROVIDING FOB SUNSET OF THE STATE HOA, 60 IN- TRESTSHAPE FEE TBEORDINANCE ON OC- TOBER C- PROVR1. 1, 2015: AND PROVIDING FOR SEVERABILITY. CODIFICATION, AND AN EFFECTIVE GATE. hTeI bPublicldg sheT, TueHearins- day, her 9, as soon thereafter or the be heard, inter the Canty Commie 2 CM1an- ben Ice tea bel goon of Building AoiteCYecor- V2..• 'rVerol Beacih, riga 32960, �a • t let ▪ parties e 00w'Cna..ord- i hep ,ad ardi- ria clad bya[he public eunmg•a7cegmus a, Is: 87 Monday ,8435 R Fri- dh<) B rCldeefek 0704. he oamy Commissionn s . lo- sated on the cid floor of Building A of Me County Adm 7nia- tra[veC:'S7r , Vc3]5. SUe.r. r,tBeacn, Florida. Anyone who rn wish appeal eM1 as ,ebeggo win neva raease 1era- ma eee`[eBB3a'in Judea and evideo a un whit. the aPPeaia: blsea. Anyone hoommdneeds a o ilor this m :a p feta Cd4• el� contest. ADA/ Coordinator .1 2.96u23 Ivan 1f Me meeting. INDIAN RMER COUNTY BOARD OF COUNry COMMISSIONERS PETER D. O'BRYCHAPMAN, 4b: A1gu1Tcrv36, 2045 zMas94 NOTCE OF FORECLOSURE TION, AND JOHN DOE AND/OR JANE DOE, AS UNKNOWN TE50100,1 IN POS- SES 4. s. NOTICE OF FORECLOSURE SALE NOTICE IS HEREBY NOTICE OF FORECLOSURE W THE mar COURT OF THE NICIALSNH JUDICIAL CIRCUIT FLORIDA INFAND FOR MARTIN COUNTY GENERAL JURISDICTION DMISION CASE NO. 2012.000E54 CP-SRMOF II 2012-A TRUST, U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUS TEE, Plaimin. NICHOLAS STEFFEN, 706.05 C 0000 SPOUSE F NI NO AS A. STEFFET KKATHERINE C STEFFEN, CASTLI CREDIT CORPORA GIVEN Ih P 784891 f"mal TJu n of Garecmau re re an- ter. e - r d December 2, 2012, i°n C aI the Ciwilrcui00CaseCou t eImrei rte Nene eenth Ju - i S7 4Manti 118,idty, Stuart. Fl0riaa, II Elle, RST, Herein CP-SRMOF U.S. BANK! TRUST NATIONAL As50- TYMTION. NOT IN CS BUT SO EAPALL TY BUT SOLELY AS TRUSTEE is Plaintiff /CHOLAS TEC. ST FEN, UR- INE C STEFFEN, UK KNOWN SPOUSE OF NICHOLAN A. STEN FEN, E OF KATH- ERINE WN SPOUSE OF1985. CASLE 000027 ORPORATION, ANO JOHN M 4,1 UNKNOWN(5) OTEN- ANTIS) E 5. A TIS)IN POSSES- SION are Delen- danis,wre delCbrkl to Neof ill aipl,cat and n besdot t hie.- wa- calleat www.ma• rtin.rallorecl champaccdata, nFloWaa the 9th uola7 mbar, 2014,at10:00AMon Ins luawinyyae- utdgnm n of EFene- ddaure.nuw0: o - LO 11, LAST GNAR- LESTATES. 000DOG OTAT THEREOF, AS PE- O IN PLAT BOOK 4, 4, PAGE 95 OF THE PUBLIC DUNS COUNTY.0 MARTIN 710 The 2"8"8"27';02g r8n ap8M dsE 0 knowS Aeam....Way. Stu - ,Florid, 31996 AnY cit raatn 11 iming he sue Plus other ins vale it any, 01her than the Ina da,a lef2e Iia pendens, m s[ Me , claim a sale.6e tlry1 ober me sale. WEISSMAN, NOWACK, CURRY, b WILCO P.0 Alla nee Icr FlDenaiml7 One 470 Roo 3500 Lenox 4a. Atlanta . G 30 ]s Prim2 0 E-MailwA brant wd,,100om Secondary E MMail: e Irene 1,1.10;792:M far:4069264894 Bye. C. BienWardra[ Christopher Bran[ Wardrop. EsR Glenda Bar 0015863 E Weib been0we wtaw,44m 171 is 8th001, ntofSthe 1900 Judicial Cimwl 06811 42810a wn.i'r!aa4.11ea by witF die:111; ea.nit Beds pa daln to niripale in coon ra2;caVt 103:1)0. t83 1ar rled. a you, 71 the 370188148 I certain a Please conlaof Court NW 04 21179, 150 Dm CSuite[31 Club ], Pon t uLuri 1841. 3,986; 11]21 ]- 2]0 1.800-657 B]]t. if yowl hvar pa%dr laide sec6 ice °l�iali6' TLN:439n Your ultimate source for jobs, homes, wheels & stuff. Treasure Coast Classifieds The #1 Advertising Source For Recent Home Buyers TC SCRIPPS TREASURE COAST NEWSPAPERS 46 MONDAY, AUGUST 25, 2014 H SC Treasure Coast Classifieds tccalm.com classified TREASURE COAST NEWSPAPERS MOBILE APP Local news now. Make your smartphone smarter. Get the local news app now! With the Treasure Coast Newspapers' new NOW feature, local news is more accessible than ever. Get it now! TCPALM.CoM SCRIPPS Treasure Coast Newspapers DOWNLOAD IT I> TCPALM.COM/APPS lb§ SCRIPPS SCRIPPS TREASURE COAST NEWSPAPERS Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared, Sherri Cipriani, who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was publshed in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Ad Pub Customer Number Date Copyline PO # AUG 282014 INDIAN RIVER CO ATTORNEY 2644504 8/25/2014 NOTICE OF INTENT-HEARINSR60 INTEREST SHARE Sworn and subscrib efore me this day of, August 25, 2014, by Sherri Cipriani [X] personally known to me or [ ] who has produced as identification. Mary T. Byrne 1 , who is Notary Public MARY T BYRNE 1 Notary Public - State of Florida c My Comm. Expires Aug 2. 2018 Commission rr FF 142429 NEWSPAPER E -Sheet® LEGAL NOTICE ATTACHED ********************* DO NOT SEPARATE PAGES ORIGINAL Attachment E Reports A. Recipient shall provide the Division with quarterly financial reports, mid -year and end -of -year summary progress reports prepared in conjunction with the Division's Regional Coordinator, and a final close-out report. Reporting Forms are located in Attachment K and can be found on the Division internet site. B. The Recipient shall provide the Division with full support documentation (per information bulletin # 341) for the quarterly financial reports. To eliminate large files and mailings, the Division will accept back up documentation on a CD if desired by the Recipient. • Organizational Activities: Includes salaries and expenses (depending upon eligibility). Supply copies of timesheets documenting hours worked and proof employee was paid (i.e., earning statements/payroll registries). Copies of invoices and canceled checks related to these services. • Planning Costs: Provide copies of contracts, MOUs or agreements with consultants or sub -contractors providing services. Copies of invoices, checks and canceled checks and copies of planning materials and work products (i.e., meeting documents, copies of completed plans (if submission of plans is for the Division then only need to provide date of submission and who submitted plan/product to), etc.). • Training Costs: Provide copies of contracts, MOUs or agreements with consultants or sub -contractors providing services. Copies of invoices, checks and canceled checks and a copy of the agenda, sign in rosters and any training materials provided. • Exercise Costs: Provide copies of contracts, MOUs or agreements with consultants or sub -contractors providing services. Copies of invoices, checks and canceled checks and a copy of the agenda, sign in rosters and any exercise materials provided. • Equipment Acquisition Costs: Copies of Invoices/receipts, checks and canceled checks. AEL# for each purchase. • Management and Administrative Costs: Supply copies of timesheets documenting hours worked and proof employee was paid (i.e., earning statements/payroll registries). • For travel and conferences related to EMPG activities, copies of all receipts must be submitted (i.e., airfare, proof of mileage, toll receipts, hotel receipts, car rental receipts, etc.) Receipts must be itemized and match the dates of travel/conference. If conference, a copy of the agenda must be provided. Proof of payment is also required for all travel and conferences. • Copies of the general ledger each quarter should also be provided. C. Quarterly financial reports are due to the Division no later than thirty days after the end of each quarter of the program year; and shall continue to be submitted each quarter until submission of the final close-out report. The ending dates for each quarter of this program year are September 30, December 31, March 31 and June 30. D. The Staffing Detail and Exercise Detail Form (Form 3) is due every quarter with your quarterly financial report (for EMPG funded employees only). This is to identify all EMPG funded employees, the required training completed and the required amount of exercises during the agreement period by those employees. 26 275 E. The final close-out report is due forty-five days after termination of this Agreement. F. If all required reports prescribed above are not provided to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take such other action as set forth in Paragraphs (10), (11) and (12) of this Agreement. "Acceptable to the Division" means that the work product was completed in accordance with generally accepted principles, guidelines and applicable law, and is consistent with the Scope of Work. G. Mid -Year and End -of -Year summary progress reports are to be scheduled and reviewed by the Division's Regional Coordinator and submitted to the contract manager. 27 276 Attachment F Program Statutes, Regulations and Special Conditions 1) 53 Federal Register 8034 2) 31 U.S.C.§1352 3) Chapter 473, Florida Statutes 4) Chapter 215, Florida Statutes 5) E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR Part 66, Common rule 6) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 7) Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975 8) Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593 9) Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) 10) Title I of the Omnibus Crime Control and Safe Streets Act of 1968, 11) Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act 12) 28 CFR applicable to grants and cooperative agreements 13) Omnibus Crime Control and Safe Streets Act of 1968, as amended, 14) 42 USC 3789(d), or Victims of Crime Act (as appropriate); 15) Title VI of the Civil Rights Act of 1964, as amended; 16) Section 504 of the Rehabilitation Act of 1973, as amended; 17) Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); 18) Title IX of the Education Amendments of 1972; 19) Age Discrimination Act of 1975; Department of Justice Non -Discrimination Regulations, 20) 28 CFR Part 42, Subparts C,D,E, and G 21) Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39 22) Chapter 252, Florida Statutes 23) Rule Chapters 27P-6, 27P-11, and 27P-19, Florida Administrative Code 24) 44 CFR, (Code of Federal Regulations) Part 13 (Common Rule) 25) 44 CFR, Part 302 26) 48 CFR, Part 31 27) OMB Circular A-21, A-102, A-110, A-122, A-128, A-87 and A-133 Special Conditions 1. The Recipient shall comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit Requirements. A non-exclusive list of regulations commonly applicable to Department of Homeland Security grants are listed below: A. Administrative Requirements • 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments • 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations (OMB Circular A-110) 28 277 B. Cost Principles • 2 CFR Part 225, Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A-87) • 2 CFR Part 220, Cost Principles for Educational Institutions (OMB Circular A-21) • 2 CFR Part 230, Cost Principles for Non -Profit Organizations (OMB Circular A-122) • Federal Acquisition Regulations (FAR), Part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations C. Audit Requirements • OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations 2. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of FEMA. 3. The recipient agrees that all allocations and uses of funds under this grant will be in accordance with the FY 2014 Emergency Management Performance Grants Funding Opportunity Announcement. 4. The recipient shall not undertake any project having the potential to impact Environmental or Historical Preservation (EHP) resources without the prior approval of FEMA, including but not limited to communications towers, physical security enhancements involving ground disturbance, new construction, and modifications to buildings, structures and objects that are 50 years old or older, and purchase and use of sonar equipment. Recipient must comply with all conditions placed on the project as the result of the EHP review. Any change to the approved project scope of work will require re-evaluation for compliance with these EHP requirements. If ground disturbing activities occur during project implementation, the recipient must ensure monitoring of ground disturbance, and if any potential archeological resources are discovered, the recipient will immediately cease construction in that area and notify FEMA and the appropriate State Historic Preservation Office. Any construction activities that have been initiated without the necessary EHP review and approval will result in a non-compliance finding and will not be eligible for FEMA funding. 29 278 Attachment G JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT: If you are requesting an advance, indicate same by checking the box below. [ ] ADVANCE REQUESTED Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. If you are requesting an advance, complete the following chart and line item justification below. ESTIMATED EXPENSES BUDGET CATEGORY/LINE ITEMS (list applicable line items) 20_-20 Anticipated Expenditures for First Three Months of Contract For example ADMINISTRATIVE COSTS (Include Secondary Administration.) For example PROGRAM EXPENSES TOTAL EXPENSES LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety (90) days of the contract term. Support documentation should include quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of the contract term. Any advance funds not expended within the first ninety (90) days of the contract term shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest earned on the advance) 30 279 Attachment H Warranties and Representations Financial Management Recipient's financial management system must include the following: (1) Accurate, current and complete disclosure of the financial results of this project or program (2) Records that identify the source and use of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3) Effective control over and accountability for all funds, property and other assets. Recipient shall safeguard all assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the applicable OMB cost principles and the terms and conditions of this Agreement. (6) Cost accounting records that are supported by backup documentation. Competition All procurement transactions shall be done in a manner to provide open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. Codes of conduct. The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. The standards of 31 280 conduct shall provide for disciplinary actions to be applied for violations of the standards by officers, employees, or agents of the Recipient. Business Hours The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from Licensing and Permitting All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient. 32 281 Attachment I Certification Regarding )ebarment, Suspension, Ineligibility And Voluntary Exclusion Subcontractor Covered Transactions (1) The prospective subcontractor of the Recipient, , certifies, by submission of this document, 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) Where the Recipient's subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR: By: Signature Recipient's Name Name and Title DEM Contract Number Street Address Project Number City, State, Zip Date 33 282 Attachment J Statement of Assurances The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars No. A-21, A-110, A-122, A-128, A-87; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govern the application, acceptance and use of Federal funds for this federally -assisted project. Also the Applicant assures and certifies that: 1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally -assisted programs. 2. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. (5 USC 1501,et. seq.) 3. It will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act. 4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 5. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 7. It will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic 34 283 Preservation Officer on the conduct of Investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 10. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable provisions of Title 1 of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations. 11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title 11 of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non -Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 13. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. 15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 16. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug - Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620. 35 284 Indian River County Interoffice Memorandum Office of Management & Budget Consent Agenda \/\/ To: Members of the Boar of ►.unty Commissioners From: Jason E. Brown Director, Office of Mana t & Budget Date: August 11, 2014 Subject: Miscellaneous Budget Amendment 020 Description and Conditions The attached budget amendment appropriates funding necessary for the following: 1. At the July 16th Budget Workshop, the Board of County Commissioners approved additional funding for the State Health Department for $50,750 in the current FY 13/14 which had been reduced from the FY 14/15 budget. The attached entry appropriates funding from General Fund/Cash Forward -Oct 1St 2. The SHIP Program has expended more down payment/closing costs loans and rehab loans than anticipated. The attached entry appropriates funding in the amount of $100,000 from SHIP/Cash Forward -Oct 1St 3. Several additional projects need to be "rolled over" from the previous year. The attached entry appropriates funding from Dodgertown Reserves/Cash Forward -Oct 1st in the amount of $246,201, Traffic Impact Fees/Cash Forward -Oct 1st in the amount of $597,201, Impact Fees/Cash Forward -Oct 1st for $100.00, NSP3 Grant for $31,020 and HUD Grant for $8,702. 4. The Board of County Commissioners has approved various change orders to the Historic Dodgertown Room Renovation project. On March 18, 2014 the Board approved change order # 3 for $36,901 and on July 1, 2014 change order #4 for $21,492. The attached entry appropriates funding from Optional Sales Tax -Cash Forward -Oct 1St 5. On June 3, 2014, the Board of County Commissioners approved Kimley-Horn and Assoc. Work Order No. 8 Aviation Blvd/20th Avenue Intersection improvements and the necessary budget amendment. The attached entry increases funding in the amount of $19,338 to the FDOT grant. 6. Additional funds are required in Telecommunications/Communication Equipment Maintenance due to fiber repairs that were required at an intersection. The attached entry appropriates funding in the amount of $16,109 form MSTU Funds/Cash Forward -Oct 1st 285 Board of County Commissioners August 11, 2014 Page 2 of 2 7. Public Building Impact Fees are being refunded from Fund 103 for non -expenditure during the six year period for a portion of May and June 2008. The attached entry appropriates funding in the amount of $98,628. 8. On March 18, 2014, the Board of County Commissioners approved a Section 5307 grant in the amount of $1,031,346 for the Community Transportation Coordinator, the Senior Resource Association. The attached entry appropriates the grant. 9. On June 3, 2014, the Board of County Commissioners approved Amendment No. 1 to the FDOT Small County Outreach Program Grant. The attached entry appropriates the additional funding of $299,419 for the grant. 10. Indian River County Libraries have received donations totaling $7,647. The attached entry appropriates these donations. Staff Recommendation Staff recommends that the Board of Commissioners approve the attached budget resolution amending the fiscal year 2013/2014 budget. Attachments Budget Amendment 020 and Resolution APPROVED AGENDA ITEM: BY: Jose• A. Baird County Administrator FOR: August 19, 2014 Indian River County A'Droved Date Administrator g/�}l Legal qQ,/ y� Budget12 I4 Department r Risk Management 286 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 287 Resolution No. 2014 - Budget Office Approval: Exhibit "A" Jason E. B own, budget Director Budget Amendment: 020 Entry Number Fund/ DepaAccount Name Account Number Increase Decrease 1. Revenue General Fund/Cash Forward -Oct 1st 001039-389040 $50,750 $0 Expenses General Fund/State Health Department 00110669-088190 $50,750 $0 2. Revenue SHIP Fund/Cash Forward -Oct 1st 123039-389040 $100,000 $0 Expenses SHIP Fund/Downpayment-Closing Costs Loan 12322869-088050 $30,000 $0 Ship Fund/Rehab Loan -Owner Occupies 12322869-088070 $70,000 $0 3. Revenue Dodgertown Reserves/Reserves/Cash Forward -Oct 1st 308039-389040 $246,201 $0 Traffic Impact Fees/Cash Forward -Oct 1st 102039-389040 $7,497,201 $0 Impact Fees/Cash Forward -Oct 1st 103039-389040 $100 $0 CDBG NSP3 Grant 13033-331554-11803 $31,020 $0 Federal/State Grants/HUD Trans House Grant 136033-331601-13810 $1 $0 Federal/State Grants/HUD COCWIDE #113C4H090800 136033-331601-09803 $8,701 $0 Expenses Dodgertown Reserves/Maint-Bldgs 30816275-034610-01002 $144,561 $0 Dodgertown Reserves/Other Machinery & Equp 30816275-066490-01002 $101,640 $0 Traffic Impact Fees/District III/66th Ave/4th to 27th St 10215341-066510-02031 $597,201 $0 Traffic Impact Fees/District II/66th Ave/SR 60 to 49th St 10215241-066510-06040 $6,900,000 $0 Impact Fees/Sheriff/Detention Center 10360121-099140 $100 $0 CDBG NSP3 Grant/Other Contractual Services -Rehab 130133854-033490-11803 $31,020 $0 Federal/State Grants/HUD Trans House Grant 13616364-088871-13810 $1 $0 Federal/State Grants/HUD COCWIDE #113C4H090800 13616364-088871-09803 $8,701 $0 288 Resolution No. 2014 - Budget Office Approval: r -xhibit "A" Jason E. rown, Budge{ Direcfor Budget Amendment: 020 Entry Number Fund/ Dep mei}t/Account Name Account Number Increase Decrease 4. Revenue Optional Sales Tax -Cash Forward -Oct 1st 315039-389040 $58,393 $0 Dodgertown Reserves/Fund Transfer In 308039-381010 $58,393 $0 Expenses Optional Sales Tax -Fund Transfer Out 31519981-099210 $58,393 $0 Dodgertown Reserves/Dodgertown Complex 30816275-066510-01002 $58,393 $0 5. Revenue Traffic Impact Fees/FDOT Intermodal Grant/26th Street- treet Aviation Blvd 102033-334413-05031 102033 334413 05031 $19,338 $0 Expenses Traffic Impact Fees/District II/26th Street/Aviation Blvd to US 1 10215241-066510-05031 $19,338 $0 6. Revenue MSTU/Cash Forward -Oct 1st 004039-389040 $16,109 $0 Expenses MSTU/Telecommunications/Communication Equipment Maint. 00423437-044710 $16,109 $0 7. Revenue Impact Fees/Non-Revenue/Cash Forward -Oct 1st 103039-389040 $98,628 $0 Expense Impact Fees/Public Buildings/Refunds 10312113-036690 $98,628 $0 8. Revenue General Fund/Intergovernmental/FTA Section 5307 Sr Resource Assoc. 001033-331410 $1,031,346 $0 Expenses General Fund/Agencies/Senior Resource Association/ Equipment 00111041-066470-54001 $9,500 $0 General Fund/Agencies/Senior Resource Association/ Software 00111041-068003-54001 $21,846 $0 General Fund/Agencies/Senior Resource Association/ Community Transportation Coordinator 00111041-088230-54001 $1,000,000 $0 289 Resolution No. 2014 - Budget Office Approval: dget Director Budget Amendment: 020 Entry Number Fund/ DepartkarNAccount Name Account Number Increase Decrease 9. Revenues Secondary Roads/FDOT SCOP IR Blvd Resurface Grant 109033-334400-13815 $299,419 $0 Expenses Secondary Roads/IR Blvd Resurface/US 1 to 17th St. 10921441-053360-13815 $299,419 $0 10. Revenues General Fund/Miscellaneous/Donations Main Library 001038-366095 $6,611 $0 General Fund/Miscellaneous/Donations North County Library 001038-366100 $1,036 $0 Expenses General Fund/Main Library/Books 00110971-035450 $6,611 $0 General Fund/North County Library/Books 00111271-035450 $1,036 $0 290 Indian River County Interoffice Memorandum Office of Management & Budget CONSENT t , To: Members of the Board of County Commissioners From: Jason E. Brown Director, Office of Managem t & dget Date: August 11, 2014 Subject: M.A.C.E. (Multi -Agency Criminal Enforcement Unit) Project Generated Income (PGI) Miscellaneous Budget Amendment 021 Description The Multi -Agency Criminal Enforcement Unit (M.A.C.E.) Unit is requesting authorization to utilize Project Generated Income (PGI) in the amount of $25,190. This M.A.C.E. Unit income was generated from confiscated property in drug related activities. Funds will be distributed to the Indian River County Sheriff's M.A.C.E. Unit to purchase a video surveillance server ($2,840); Wireless/network components ($2,400); HD Cameras ($12,000); covert cameras ($3,700); Upgrade of surveillance van ($2,950); and two licenses for a cellular phone analysis software ($1,300). The Project Generated Income Budget Approval detailing the expenditures has been approved by the Office of Criminal Justice Grants, Florida Department of Law Enforcement (FDLE). Staff Recommendation Staff recommends that the Board of Commissioners approve the utilization of Project Generated Income totaling $25,190 and also approve Budget Amendment 021 and Budget Resolution necessary to release the funds. Attachments Letter from Sheriff Deryl Loar dated August 11, 2014 Project Generated Income Budget Approval (2) Budget Amendment 021 and Resolution APPROVED AGENDA ITEM: BY: ose A. Baird Cou ty Administrator OR: August 19, 2014 Indian River County A. roved Date Administrator I`jC , 17 4/) Legal it f+! Budget 8i /2 kt Department Risk Management 291 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 292 Resolution No. 2014 - Budget Office Approval: Exhibit "A" Jason E. B/'own, Bdget Director Budget Amendment: 021 Entry Number Fund/ Depa ent/ ccount Name Account Number Increase Decrease 1. Revenue M.A.C.E. Unit Trust Fund / Project Generated Income / Confiscated Property 126035-358220 $25,190 $0 Expenses M.A.C.E. Unit Trust Fund / Law Enforcement Expenditures 12660021-099040 $25,190 $0 293 August 11, 2014 Sheriff Deryl Loar hzdian River County Jason Brown Director of Budget and Finance Indian River County 1840 25th Street Vero Beach, Florida 32960 RE: P.G.I. Request 2014-JAGC-INRI-2-E5-233 Dear Mr. Brown: The Multi -Agency Criminal Enforcement Unit submitted a project generated income request in the amount of $25,190.00; broken down: $9,816.49 from the 2013 PGI Funds (closing 2013 PGI) and $15,373.51 from the 2014 PGI account. These funds will be used for project related expenses. Please consider this letter my approval for this project generated income request. Please contact me at 978-6404 if you have any questions or need additional information. Sincerely, Deryl Loar, Sheriff DL/kmp Attachments: FDLE Approval Letters 4055 41" Avenue, Vero Beach, Florida 32960 www.iresheriff.org (772) 569-6700 6.1 Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 Justice Assistance Grant - County -wide Subgrantee: Project Title: Grant Number: Agreement Number: To Subgrantee: Pursuant to your request be set forth below: Date 08/07/2014 Indian River County Board of Commissioners MULTI -AGENCY CRIMINAL ENFORCEMENT UNIT 2012/2013 2013-JAGC-INRI-1-D7-151 4 of 07/31/2014 the following adjustment is approved subject to conditions as may Electronically Signed By: Annamarie M Whatley Authorized Official Clayton H. Wilder Administrator 1. All Project Generated Income (PGI) expenditures must be for the 7 Federal Purpose Areas associated with the Edward Byrne Memorial Justice Assistance (JAG) Program. 2. All PGI will be expended according to the PGI Budget Report attached, pursuant to all of the provisions contained in the Standard Conditions of the referenced subgrant project. 3. Any additional PGI earned during the subgrant period from the referenced subgrant project, which is not included in the attached PGI Budget Report shall also be expended in accordance with this Agreement. However, said additional PGI may be separately allocated to the various budget categories by submission and approval of the PGI Budget Report reflecting said additional PGI. 4. Any deviation in expenditures from the PGI Budget Report attached, must be approved in writing by the Florida Department of Law Enforcement (FDLE) prior to expenditure of funds. The following revised PGI budget is approved: Budget Category Current Approved Budget New Approved Budget Difference Salaries and Benefits $ 0.00 Contractual Services $ 0.00 Expenses $ 4,561.21 Operating Capital Outlay $ 0.00 Indirect Costs $ 0.00 $ 0.00 $ 0.00 $ 14,377.70 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 9,816.49 $ 0.00 $ 0.00 Total PGI Budget $ 4,561.21 $ 14,377.70 $ 9,816.49 Application Ref # 2013-JAGC-1870 Contract # 2013-JAGC-INRI-1-D7-151 Rule Reference 11D-9.006 OCJG-003 (rev. June 2012) Page 1 of 4 295 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Requesting purchase of surveillance components and cellular phone analysis software for the MACE Unit. Approved by MACE Board 07/22/14. By electronically submitting this adjustment, I hereby certify that I have reviewed the changes and find them necessary for program activities. I am the signing authority or have been delegated as such by the appropriate official. Information regarding the signing authority is available for review. Date 07/31/2014 Electronically Signed By: Diane Bernardo Authorized Official or Designated Representative Application Ref # 2013-JAGC-1870 Contract # 2013-JAGC-I NRI -1-D7-151 Rule Reference 11D-9.006 OCJG-003 (rev. June 2012) Page 2 of 4 296 Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 PGI BUDGET REQUEST Contract # 2013-JAGC-INRI-1-D7-151 Request # 4 Date: 07/31/2014 Subgrantee:lndian River County Board of Commissioners County: Indian River Address: Ms. Diane Bernardo Finance Director Post Office Box 1028 Vero Beach, FL 32961-1028 Telephone: 772-567-8000 Budget Category Approved Budget New Budget Budget Difference Salaries & Benefits $ 0.00 $ 0.00 $ 0.00 Contractual Services $ 0.00 $ 0.00 $ 0.00 Expenses $ 4,561.21 $ 14,377.70 $ 9,816.49 Operating Capital Outlay $ 0.00 $ 0.00 $ 0.00 Indirect Costs $ 0.00 $ 0.00 $ 0.00 Subtotal $ 4,561.21 $ 14,377.70 $ 9,816.49 I hereby certify that the above agreement and is based Date 07/31/2014 PGI budget was developed in accordance on the most current and available accounting information. Electronically Signed By: Diane Bernardo with the project Chief Financial Officer or Designated Representative PGI Budget Narrative: 07/23/2014 - MACE Unit will deplete 2013 PGI funds (and the balance of this request will come from the 2014 PGI funds) to purchase upgrades to our surveillance system and two licenses for a cellular phone analysis software. The items purchased will be: Video Surveillance Server - $ 2,840.00 (2013 PGI) Wireless / Network Components - $ 2,400.00 (2013 PGI) HD Cameras - $ 12,000.00 (2014 PGI) Covert Cameras - $ 3,700.00 (Portion paid of 2013 PGI $326.49, balance $3,373.51 to be paid from 2014 PGI ) Upgrade of surveillance van - $ 2,950.00 (2013 PGI) Application Ref # 2013-JAGC-1870 Contract # 2013-JAGC-INRI-1-D7-151 Rule Reference 11D-9.006 OCJG-003 (rev. June 2012) Page 3 of 4 297 PGI BUDGET REQUEST Contract # 2013-JAGC-INRI-1-D7-151 Request # 4 Date: 07/31/2014 Sub -total Surveillance cost - $23,890.00 Two licenses for a cellular phone analysis software will come out of the 2013 PGI funds - $1,300.00 (2013 PGI) Total cost - $25,190.00 2013 PGI funds used - $9,816.49 2014 PGI funds used - $15,373.51 ************************************************************* 04/08/14 - MACE will use PGI Funds to purchase a Ballistic Shield in the amount of $1,737.75. 01/23/2014 - MACE will use PGI funds to pay for one User License for the JusticeXchange National Database. One User license is $34.50/mo and the annual renewal is $414.00. *********************************************************** 05/06/2013 - Currently the back-up weapons being used by the Multi -Agency Criminal Enforcement Unit are aging and weapons need to be replaced. Purchased 7 S&W 38Spec @ $305.83 ea =$2,140.81 7 Ankle Holsters @ $25 ea = $175.00 7 Inside Pocket Holsters @ $11.95 ea - $83.65 S/H = $10.00 Total- $2,409.46 Application Ref # 2013-JAGC-1870 Contract # 2013-JAGC-INRI-1-D7-151 Rule Reference 11D-9.006 OCJG-003 (rev. June 2012) Page 4 of 4 298 Subgrantee: Project Title: Grant Number: Agreement Number: To Subgrantee: Pursuant to your request be set forth below: Date 08/07/2014 Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 Justice Assistance Grant - County -wide Indian River County Board of Commissioners MULTI -AGENCY CRIMINAL ENFORCEMENT UNIT 2013-2014 2014-JAGC-INRI-2-E5-233 1 of 07/31/2014 the following adjustment is approved subject to conditions as may Electronically Signed By: Annamarie M Whatley Authorized Official Clayton H. Wilder Administrator 1. All Project Generated Income (PGI) expenditures must be for the 7 Federal Purpose Areas associated with the Edward Byrne Memorial Justice Assistance (JAG) Program. 2. All PGI will be expended according to the PGI Budget Report attached, pursuant to all of the provisions contained in the Standard Conditions of the referenced subgrant project. 3. Any additional PGI earned during the subgrant period from the referenced subgrant project, which is not included in the attached PGI Budget Report shall also be expended in accordance with this Agreement. However, said additional PGI may be separately allocated to the various budget categories by submission and approval of the PGI Budget Report reflecting said additional PGI. 4. Any deviation in expenditures from the PGI Budget Report attached, must be approved in writing by the Florida Department of Law Enforcement (FDLE) prior to expenditure of funds. Application Ref # 2014-JAGC-2122 Contract # 2014-JAGC-INRI-2-E5-233 Rule Reference 110-9.006 OCJG-003 (rev. June 2012) Page 1 of 4 299 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Requesting purchase of surveillance components for the MACE Unit. Approved by MACE Board 07/22/14. By electronically submitting this adjustment, I hereby certify that I have reviewed the changes and find them necessary for program activities. I am the signing authority or have been delegated as such by the appropriate official. Information regarding the signing authority is available for review. Electronically Signed By: Date 07/31/2014 Diane Bernardo Authorized Official or Designated Representative Application Ref # 2014-JAGC-2122 Contract # 2014-JAGC-INRI-2-E5-233 Rule Reference 11D-9.006 OCJG-003 (rev. June 2012) Page 2 of 4 300 Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 PGI BUDGET REQUEST Contract # 2014-JAGC-INRI-2-E5-233 Request # 1 Date: 07/31/2014 Subgrantee:Indian River County Board of Commissioners County: Indian River Address: Ms. Diane Bernardo Finance Director Post Office Box 1028 Vero Beach, FL 32961-1028 Telephone: 772-567-8000 Budget Category Approved Budget New Budget Budget Difference Salaries & Benefits $ 0.00 $ 0.00 $ 0.00 Contractual Services $ 0.00 $ 0.00 $ 0.00 Expenses $ 0.00 $ 15,737.51 $ 15,737.51 Operating Capital Outlay $ 0.00 $ 0.00 $ 0.00 Indirect Costs $ 0.00 $ 0.00 $ 0.00 Subtotal $ 0.00 $ 15,737.51 $ 15,737.51 I hereby certify that the above agreement and is based Date 07/31/2014 PGI budget was developed in accordance on the most current and available accounting information. Electronically Signed By: Diane Bernardo with the project Chief Financial Officer or Designated Representative PGI Budget Narrative: 07/23/2014 - MACE Unit will deplete 2013 PGI funds (and the balance of this request will come from the 2014 PGI funds) to purchase upgrades to our surveillance system and two licenses for a cellular phone analysis software. The items purchased will be: Video Surveillance Server - $ 2,840.00 (2013 PGI) Wireless / Network Components - $ 2,400.00 (2013 PGI) HD Cameras - $ 12,000.00 (2014 PGI) Covert Cameras - $ 3,700.00 (Portion paid of 2013 PGI $326.49, balance $3,373.51 to be paid from 2014 PGI ) Upgrade of surveillance van - $ 2,950.00 (2013 PGI) Application Ref # 2014-JAGC-2122 Contract # 2014-JAGC-INRI-2-E5-233 Rule Reference 11D-9.006 OCJG-003 (rev. June 2012) Page 3 of 4 PGI BUDGET REQUEST Contract # 2014-JAGC-INRI-2-E5-233 Request # 1 Date: 07/31/2014 Sub -total Surveillance cost - $23,890.00 Two licenses for a cellular phone analysis software will come out of the 2013 PGI funds - $1,300.00 (2013 PGI) Total cost - $25,190.00 2013 PGI funds used - $9,816.49 2014 PGI funds used - $15,373.51 Application Ref # 2014-JAGC-2122 Contract # 2014-JAGC-INRI-2-E5-233 Rule Reference 11D-9.006 OCJG-003 (rev. June 2012) Page 4 of 4 302 CONSENT AGENDA INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: August 8, 2014 SUBJECT: Request for Ratification Florida Department of Law Enforcement FY 2014/2015 Edward Byrne Memorial Justice Assistance Grant (J • Program FROM: Jason E. Brown l' Director, Management & B dget DESCRIPTIONS AND CONDITIONS On July 14, 2014, Indian River County received notification by the Florida Department of Law Enforcement (FDLE), Office of Criminal Justice Grants, that $62,616 was allocated in grant funds for Federal Fiscal Year 2014 to fund local anti-drug abuse projects. This amount is a decrease from the current fiscal year in which Indian River County received $72,427 in federal funds. The letter also recommends that the Board of County Commissioners serve as the coordinating unit of government in development of applications for these funds. For the current fiscal year (2013/2014), Indian River County was allocated $72,427 in federal grant funds, with no match requirement. Likewise, the fiscal year 2014/2015 grant amount of $62,616 will not carry a match requirement. The two programs currently funded are the Substance Awareness Council Drug Testing Program and the Multi -Agency Drug Enforcement Unit (M.A.C.E.). The Certificate of Participation was to be returned to FDLE by July 24, 2015. Because the next Board of County Commissioners meeting was not scheduled until August 19, 2014, the County Administrator executed the Certificate on behalf of the Board. For fiscal year 2014/2005, the Substance Abuse Council Advisory Board recommended funding the Drug Testing Program in the amount of $5,366 and the Multi -Agency Drug Enforcement Unit in the amount of $57,250. The grant applications had to prepared and submitted to the Florida Department of Law Enforcement, Office of Criminal Justice Grants, by August 15, 2014. Additionally, the state -required Agreement between the Board of County Commissioners and the Substance Awareness Council of Indian River County for the Substance Awareness Council Drug Testing Program Grant was to be submitted with the grant applications. The County Administrator executed these applications and agreement on behalf of the Board. That action was authorized by Resolution No. 2014-059, approved by the Board of County Commissioners on July 8, 2014. According to that resolution, the County Administrator was authorized to execute all documents necessary for the proper functioning of the County from July 16, 2014 through and including August 18, 2014, provided that any such executed documents are subsequently brought to the Board for ratification. This staff report constitutes the request for ratification required by the resolution. 303 Board of Commissioners August 8, 2014 Page 2 of 2 RECOMMENDATION Staff recommends that the Board of County Commissioners ratify the County Administrator's action in executing the Certificate of Participation; the grant application for the Indian River County Drug Testing Program; the grant application for the Multi -Agency Criminal Enforcement Unit (M.A.C.E.) Grant; and the Agreement between the Board of County Commissioners and the Substance Awareness Council. ATTACHMENTS Announcement letter from Florida Dept. of Law Enforcement Certificate of Participation Agreement with Substance Awareness Council Grant Form Copies of the complete grant applications are on file in the Board of County Commissioners Office and also in the Budget Office for review. APPROVED AGENDA ITEM: BY:f 4 . • . Cxt 7 Jose, A. Baird County Administrator FOR: August 19, 2014 Indian River County Ap s roved Date Administrator Z '04 l Legal It Budget �14 Department l Risk Management -' 304 FELE JUL 1 4 2014 Florida Department of Law Enforcement Gerald M. Bailey Commissioner July 10, 2014 Business Support Office of Criminal Justice Grants Post Office Box 1489 Tallahassee, FL 32302-1489 (850) 617-1250 www.fdle.state.fl.us The Honorable Peter O'Bryan Chairman, Indian River County Board of Commissioners 1801 27th Street Vero Beach, FL 32960 Rick Scott, Govemor ,ni-eFrli Bondi, Attorney General ` - - •- .teff Atwater, Chief Financia/ Officer Adam Putnam, Commissioner of Agriculture RECEIVED JUL142014 BOARD- OF COUNTY COMMISSION Re: Federal Fiscal Year (FFY) 2014 Edward Byrne Memorial Justice Assistance Grant (JAG) Program — JAG Countywide — State Solicitation Dear Chairman O'Bryan: The Florida Department of Law Enforcement (FDLE) anticipates an award from the United States Department of Justice for FFY 2014 JAG funds. FDLE will distribute these funds in accordance with the JAG Countywide distribution provisions of Chapter 11D-9, Florida Administrative Code. FDLE has set aside $62,616 funds for use by all units of government within Indian River County. Enclosed are the following documents to assist your county with the strategic planning and allocation process. JAG -Countywide Program Announcement & Application Instructions JAG -Countywide Project Timeline JAG -Countywide Application Checklist Certificate of Participation The enclosed Program Announcement provides an overview of these funds which can be used by local units of government to support a broad range of activities to prevent and control crime and to improve the criminal justice system. Please note the Program Announcement includes information from the U.S. Department of Justice relating several areas of national focus and its priorities to help maximize the effectiveness of the Byrne/JAG funding. The Application Instructions provide an overview of requirements for submitting the JAG - Countywide request for funding through FDLE's on-line grant management system (SIMON). JAG -Countywide documents are also located online at http://www.fdle.state.fl.us/content/Grants/JAGC2015.aspx As a condition of participation in this program, the units of government in each county must reach a consensus concerning the expenditure of these funds. This consensus must include the projects to be implemented as well as the agency responsible for such implementation. Developing such consensus will require someone to exercise leadership and assume a coordinating role in the development of applications for these funds. Service • Integrity • Respect • Quality 305 The Honorable Peter O'Bryan July 10, 2014 Page Two FDLE recommends the Board of County Commissioners assume this responsibility. In the event the county declines to serve in this capacity, the Department will request the governing body of each municipality in the county, in descending order of population, to serve as the coordinating unit of government. The enclosed Certificate of Participation form requests the identification of an individual coordinator. We will send this individual further information regarding the application process in FDLE's online grant management system. The information provided for this year's award process is similar to those provided in previous years, but contain substantial revision based on new state and federal requirements for subawards involving federal grant funds. Please review all information and ensure the designated County Coordinator forwards all relevant program and application information to applicable JAG Project Directors within your county. Please complete the enclosed Certificate of Participation and return it as soon as possible to: Florida Department of Law Enforcement Office of Criminal Justice Grants Attention: Petrina Herring, Administrator 2331 Phillips Road Tallahassee, Florida 32308 FDLE does not discriminate, and prohibits subgrant recipients from discriminating, on the basis of race, color, religion, national origin, sex, disability, or age in the delivery of services or benefits or in employment. We look forward to working with you. Please contact me at (850) 617-1250 with any questions or for further assistance regarding the JAG Program. Sincerely, 10 Petrina T. Herring Administrator PTH/mk Enclosure cc: Mayors in Indian River County Law Enforcement Agencies in Indian River County Current JAG Project Directors in Indian River County 306 BOARD OF COUNTY COMMISSIONERS 1801 27th Street, Vero Beach, Florida 32960-3388 Office of The County Administrator Telephone: (772) 226-1408 July 16, 2014 CERTIFICATE OF PARTICIPATION Edward Byrne Memorial Justice Assistance Grant (JAG) Program Ms. Petrina T. Herring, Administrator Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, FL 32308 Dear Ms. Herring: This is to inform you that the Indian River County Board of County Commissioners Accepts the invitation to serve as the coordinating unit of government in the Florida Department of Law Enforcement's Edward Byrne Memorial Justice Assistance Grant (JAG) Program. For purposes of coordinating the preparation of our application(s) for grant funds with the Office of Criminal Justice Grants, we have designated the following person: Name: Title: E-mail address: Agency: Address: Telephone: Sincerely, ,g oLfJ (7110'.' Jason E. Brown Director, Management & Budget jbrown@ircgov.com Indian River County Board of County Commissioners 1801 27th Street Vero Beach, FL 32960-3388 (772) 226-1214 County: Indian River J. eph A. Baird County Administrator Board of County Commissioners Authorized by Resolution No. 2014-059 307 RESOLUTION NO. 2014- n5c A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING AUTHORITY TO THE COUNTY ADMINISTRATOR OR HIS DESIGNEE, TO EXECUTE RESOLUTIONS CALLING LETTERS OF CREDIT AS NECESSARY DURING THE PERIOD COMMENCING JULY 16, 2014, THROUGH AND INCLUDING AUGUST 18, 2014, AND FURTHER DELEGATING TO THE COUNTY ADMINISTRATOR OR HIS DESIGNEE, THE AUTHORITY TO EXECUTE ALL DOCUMENTS NECESSARY TO THE PROPER FUNCTIONING OF THE COUNTY DURING THE PERIOD COMMENCING JULY 16, 2014, THROUGH AND INCLUDING AUGUST 18, 2014. WHEREAS, at the November 19, 2013 Board of County Commissioners meeting, the Board canceled regularly scheduled Board meetings during the period commencing July 16, 2014, through and including August 18, 2014; WHEREAS, Section 101.05.1,q of The Code of Indian River County allows the Board to authorize the County Administrator, or his designee, to perform other duties on behalf of the Board of County Commissioners; WHEREAS, various letters of credit are posted with the County to, among other things, guaranty performance or warranty as well as compliance and restoration of sand mines, and many letters of credit have certain call language requiring a resolution of the Board of County Commissioners declaring default or failure to post altemate security; WHEREAS, it is necessary to delegate specific authority to execute resolutions on behalf of the Board of County Commissioners to call letters of credit; WHEREAS, it is necessary to delegate additional signing authority, not previously delegated by Florida Statutes, The Code of Indian River County, and Indian River County resolutions, to each of the County Administrator or his designee; and WHEREAS, pursuant to Resolution No. 2013-122 and section 101.10(1) of The Code of Indian River County, the Board of County Commissioners previously delegated to the Indian River County Administrator acting as Indian River County Emergency Services District Director, or his designee, the authority: (i) to declare a state of local emergency for Indian River County pursuant to Florida Statutes section 252,38(3)(a)(5); and (ii) pursuant to any duly issued Executive Order concerning Emergency Management issued by the Governor of the State of Florida declaring that a disaster and/or emergency [as such terms are defined in Florida Statutes section 252.34 (1) and (3) respectively] exists in Indian River County, to issue orders and rules, including, without limitation, the ability to issue Emergency Orders for Indian River County, during the period of the declared emergency, and such delegation in Resolution No. 2013-122 remains in full force and effect; and WHEREAS, pursuant to Resolution No. 2013-121, the Board of County Commissioners previously delegated to the Indian River County Administrator or his designee, the authority to execute resolutions on behalf of the Board to call letters of credit which might expire or otherwise require action to be taken during the period of a declared state of local emergency or declared State of Florida emergency affecting Indian River County, and such delegation in Resolution No. 2013- 121 remains in full force and effect. 308 RESOLUTION NO. 2014- 059 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The County Administrator, or his designee, is hereby delegated the authority to execute resolutions on behalf of the Board of County Commissioners to call letters of credit which might expire or otherwise require action to be taken during the period commencing July 16, 2014, through and including August 18, 2014. Any resolutions executed by the County Administrator or his designee, to call letters of credit during the period commencing July 16, 2014, through and including August 18, 2014, are to be accompanied by a copy of this Resolution. 2. The County Administrator, or his designee, is hereby authorized to execute all documents necessary to the proper functioning of the County, which may arise during the period commencing July 16, 2014, through and including August 18, 2014, provided that all such documents signed during such interval are brought to the Board of County Commissioners for ratification, 3. The Effective Date of this Resolution is July 16, 2014, and this Resolution shall expire without further action of this Board at the close of business on August 18, 2014. This Resolution was moved for adoption by Commissioner Flescher , and the motion was seconded by Commissioner Zorc , and, upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Aye Vice Chairman Wesley S. Davis Absent Commissioner Joseph E. Flescher AyP Commissioner Tim Zorc Aye Commissioner Bob Solari AYP The Chairman thereupon declared this Resolution duly passed and adopted this 8th day of July, 2014. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approved as to form and legal sufficiency Dy an Reingold, County Attorney BOARD OF COUNTY COMMISSIONERS IND IVER COUNTY, LORIDA B Peter D. O'Bryan, C r V•�� C O d 1 tr�, rL� i0 • 2 •�R cc3UNTY, air an 309 Substance Abuse Drug Testing Program 2015-JAGC-2411 AGREEMENT THIS AGREEMENT made this 4th day of August , 2014, between the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, 1801 27th STREET, Vero Beach, Florida 32960 (the "County") and The SUBSTANCE AWARENESS COUNCIL OF INDIAN RIVER COUNTY, 1507 20TH Street, Vero Beach, FL 32960 (the "Contractor"). I. SCOPE OF SERVICES A. The Contractor will provide a comprehensive range of coordination and administration of Byrne State and Local Law Enforcement Formula Grant activities for Indian River County pursuant to the Anti -Drug Abuse Act of 1988 and the application submitted by the County to the State of Florida, Department of Law Enforcement, Office of Criminal Justice Grants, ("grant agreement"). B. The Contractor will provide the following range of services: 1. Substance Abuse Policy Board meetings 2. Substance abuse prevention issue and research papers 3. Monitoring and coordination of programmatic and fiscal reviews of funded programs C. The Contractor shall perform and maintain records consistent with the grant agreement. Said records shall be made available to the County upon request. II. TIME OF PERFORMANCE The Contractor agrees to begin to provide the services described above to the offenders between October 1, 2014 through September 30, 2015, and to perform such services in a professional and timely manner. Such services shall be provided five days a week (Monday through Friday). 1 310 III. COMPENSATION The Contractor shall provide all required services as described above at a cost not to exceed $5,366.00 to be paid as set forth herein. This charge includes all budgeted items for actual documented cost incurred in connection with the Substance Abuse Council Drug Testing Program. The payment shall be on a monthly reimbursement basis for counseling fees in accordance with schedule attached hereto as Exhibit "A" beginning October 1, 2014 and ending on September 30, 2015. The Contractor shall provide the County with monthly financial claim reports on State required forms without deviations. The monthly reports shall be due on or before the 10t of each month beginning November 10, 2014. The final report shall be due on or before October 10, 2015. IV. TERM OF AGREEMENT The term of this Agreement shall begin October 1, 2014, and shall run through and including September 30, 2015. V. INDEMNIFICATION AGAINST CLAIMS The Contractor is, and shall be an independent contractor and operator, responsible to all parties for all of her acts or omissions and the County shall in no way be responsible for such acts or omissions. The Contractor shall indemnify and hold harmless the County, and its officers, agents, and employees, from and against any and all liability, claims, demands, damages, fees, fines, penalties, suits, proceedings, actions, judgements and causes of action, including costs and attorney fees of any kind and nature arising out of or in any way connected with the Contractors performance, administration or supervision of the above described services, or the use or occupation of any facility hereunder by the Contractor or her agents, employees, clients, or invitees, or resulting from injury to person or property, or loss of life or property, of any kind or nature whatsoever, or from professional malpractice, during the term of this agreement. 2 311 VI. INSURANCE The Contractor shall, at least ten (10) days prior to the commencement of any work, provide to the County a certificate of commercial general liability insurance with a reputable insurance company, subject to approval by the County's Risk Manager, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage, in accordance with the County's Administrative Policy Manual. The Contractor shall, at least ten (10) days prior to the commencement of any work, provide to the County a certificate of business auto liability insurance with a reputable insurance company subject to approval by the County's Risk Manager in an amount not less than $500,000 per occurrence combined single limit for bodily injury and property damage in accordance with the County's Administrative Policy Manual. The general liability and auto liability insurance policies shall name Indian River County, a political subdivision of the State of Florida, as an additional insured. In addition, if required by law, the Contractor shall, at least ten (10) days prior to the commencement of any work, or at such subsequent time that it becomes required by law, provide to the County a certificate of worker's compensation insurance with a limit of $100,000 for each accident, $500,000 disease (policy limit) and $100,000 disease (each employee) in accordance with the County's Administrative Policy Manual. The Contractor shall provide to the County at least thirty (3 0) days' written notice by registered mail, return receipt requested, addressed to the County's Risk Manager, prior to cancellation or modification of any required insurance. VII. REPORTS The Contractor shall provide the County with monthly financial claim reports on State required forms without deviations. The monthly report shall be due on or before the 10th of each month beginning on November 10, 2014. The final report shall be due on or before October 10, 2015. 3 312 VIII. NOTICES All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messengers or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As to County: Jason Brown, Budget Director Indian River County 1801 27th STREET Vero Beach, Fl 32960 (772) 226-1214 As to Contractor: Substance Awareness Council of IRC 1507 20th Street Vero Beach, FL 32960 (772) 770-4811 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered, if by personal delivery, (b) on the date upon which the return receipt is signed, or delivery is refused, or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. IX. TERMINATION Either party shall have the right to terminate this agreement for any reason upon written notice provided to the respective party thirty (30) days prior to termination. The County shall have the right to terminate this Agreement for failure to comply with terms and conditions set forth herein upon ten (10) days prior written notice to the Contractor. In the event of termination, the County shall pay the Contractor for all services rendered prior to the date of termination. 4 313 X. NON DISCRIMINATION Contractor covenants and agrees that Contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of the Contract with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex or physical handicaps (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. XI. COMPLIANCE WITH LAWS The Contractor shall comply with all applicable federal, state, and local laws and regulations in the provision of services hereunder. XII. ASSIGNMENT The Contractor shall not assign this agreement without the prior written approval of the County. XIII. CONFLICT OF INTEREST Contractor hereby represents and warrants that neither it nor any of its directors, officers, members, partners, or employees has any interest nor shall they acquire any interest, directly or indirectly, which would or may conflict in any manner or degree with the performance or rendering of the services herein provided. Contractor further represents and warrants that in the performance of this agreement no person having such interest or possible interest shall be employed by it. No elected official or other officer or employee of the County of Indian River nor any person whose salary is payable, in whole or part, from County Treasury, shall participate in any decision relating to this agreement which affects his/her personal financial interest or the financial interest of any corporations, partnership or association in which he/she is, directly or indirectly, interested, nor shall any such person have any financial interest, direct or indirect, in this agreement or in the process thereof. 5 314 XIV. ENTIRE AGREEMENT This Agreement contains the Entire Agreement of the parties and shall not be extended or modified except in writing and agreed to by both parties. XV. VENUE In the event it is necessary for either party to initiate legal action regarding this Contract, Venue shall be in the Nineteenth Judicial Circuit for Indian River County, Florida, or the State District Court for the Southern District of Florida. 1N WITNESS WHEREOF, the County and the Contractor has subscribed this agreement as follows: BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLOI?IDA A. 'Joseph A. Baird, County Administrator BY Bo of County Commissioners Authorized by Resolution No. 2014-059 County Attorney SUBSTANCE AW ' ' NESS COUNCIL OF INDIAARIVER C • TY BY: 6 Robih app, xec tiv Director 315 Exhibit "A" Schedule of reimbursement expenses is attached hereto as Exhibit A. Contractual Services $5,366.00 Total services $5,366.00 7 316 GRANT NAME: M.A.C.E. GRANT # 2015-JAGC-2407 AMOUNT OF GRANT: $57,250 DEPARTMENT RECEIVING GRANT: Indian River County Board of County Commissioners CONTACT PERSON: Jason E. Brown TELEPHONE: 772-226-1214 1. How long is the grant for? One Year Starting Date: October 1, 2014 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? Yes X No If yes, does the grant allow the match to be In -Kind services? Yes X No 4. Percentage of match to grant N/A 5. Grant match amount required N/A 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? 7. Does the grant cover capital costs or start-up costs? Yes X No If no, how much do you think will be needed in capital costs or start-up costs: N/A (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? If yes, please list. (If additional space is needed, please attach a schedule.) Yes X No Acct. Description Position Position Position Position Position 011.12 Regular Salaries $57,250 Second Year $ $ $ 011.13 Other Salaries & Wages (PT) $ $ $ $ Fourth Year 012.11 Social Security $ $ Fifth Year $ $ 012.12 Retirement — Contributions 012.13 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years9 $ N/A Signature of Preparer: Date: August 5, 2014 317 Grant Amount Other Match Costs Not Covered Match Total First Year $57,250 $ $ $57,250 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparer: Date: August 5, 2014 317 GRANT NAME: Substance Awareness Council IRC Drug Testing Program GRANT # 2015-JAGC-241 1 AMOUNT OF GRANT: $5,366 DEPARTMENT RECEIVING GRANT: Indian River County Board of County Commissioners CONTACT PERSON: Jason E. Brown TELEPHONE: 772-226-1214 1. How long is the grant for? One Year Starting Date: October 1, 2014 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? Yes X No If yes, does the grant allow the match to be In -Kind services? Yes X No 4. Percentage of match to grant N/A 5. Grant match amount required N/A 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? 7. Does the grant cover capital costs or start-up costs? Yes X No If no, how much do you think will be needed in capital costs or start-up costs: N/A (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? If yes, please list. (If additional space is needed, please attach a schedule.) Yes X No Acct. Description Position Position Position Position Position 011.12 Regular Salaries $5,366 Second Year $ $ $ 011.13 Other Salaries & Wages (PT) $ $ $ $ Fourth Year 012.11 Social Security $ $ Fifth Year 7.$1 $ 012.12 Retirement — Contributions 012.13 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? $ N/A Signature of Preparer: Date: August 5, 2014 318 Grant Amount Other Match Costs Not Covered Match Total First Year $5,366 $ $ $5,366 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year 7.$1 $ $ $ Signature of Preparer: Date: August 5, 2014 318 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION CONSENT AGENDA DATE: August 8, 2014 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Joseph A. Baird, County Administrator Jason Brown, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager. SUBJECT: Consultant Selection for RFP No. 2014043 — Automatic Meter Reading (AMR)/Advanced Metering Infrastructure (AMI) Consulting Services BACKGROUND: On behalf of the Department of Utilities Services, Requests for Proposals (RFPs) were solicited for the evaluation of the feasibility of and potential implementation of an Automatic Meter Reading (AMR)/Advanced Metering Infrastructure (AMI) system to replace the current combination of manual meter reading and AMR. The project has been divided into eight tasks falling under three separate phases. The first phase entails a feasibility analysis, business case development and an evaluation of related technologies, alternative financial packages and strategic assessment. If undertaken, the second phase will include a request for proposals and contract negotiations with the proposed system. A third phase would entail implementation planning, installation and system activation and information technology interfaces. RFP RESULTS: Advertising Date: RFP Opening Date: DemandStar Broadcast to: Specifications Requested by: Replies: June 16, 2014 July 8, 2014 at 2:00 pm 671 Subscribers 37 Firms 4 Firms Proposmg'irrr�• rr. � � , . y' ._ ' ! .. �, ., r.. ,+x�:, � �r. �;<.� ��,� � a s�� ,�1�, .. _H , �� � m,���location,,�,-,��� 3 i � - � .; � s � ����,r��,; Fairhope, AL Langham Consulting Services, Inc, Utility Metering Solutions Houston, TX UtiliWorks Consulting, LLC Baton Rouge, LA Valutech Solutions Inc. Moon Township, PA ANALYSIS: An evaluation committee comprised of the Utilities Director, Utilities Finance Manager, Field Maintenance Superintendent, Customer Service Supervisor and a Meter Reader independently evaluated and scored the proposals in accordance with the Purchasing Manual. These scores were P:\Bids\2013-2014 FY (2074000)\2014043 Utilities RFP for AMR -AMI Meter Consulting Services\Agenda-2014043.doc 319 CONSENT AGENDA compiled by the committee and an overall ranking of the submittals developed. The committee determined interviews were not necessary. The final ranking established by the committee is: 1. Langham Consulting Services, Inc. 2. Utiliworks Consulting, LLC 3. Utility Metering Solutions 4. Valutech Solutions, Inc. FUNDING: At this time, the Department of Utilities Services proposes to undertake only Phase I of the project. Should the consultant's evaluation provide favorable information and the Department wish the consultant to perform additional tasks, additional funding requests will be presented to the Board. The consultant's projected cost for Tasks 1, 2 and 3 under Phase I is $87,555, with an anticipated completion time of 135 days, Expenditures will be paid from the Utilities General Operating Fund's Other Professional Services account. The Operating Fund is generated from water and sewer revenues. Acco.0n, h. !Sb4.$C,, r ''' °4 ., 5 ' e,,,,)iM�, Nt • e ° V, ia". i.+. rit .kt 47123536-033190 Utilities General Operating Fund — Other Professional Services $87,555 RECOMMENDATION: Staff recommends the Board of County Commissioners approve the committee's final ranking and the attached agreement. Staff further requests the Board authorize the Chairman to execute the agreement after it has been approved by the County Attorney as to form and legal sufficiency, and after receipt and approval of the required certificate(s) of insurance. Finally, staff requests the Board to authorize the allocation of $87,555 for the execution of Phase I of the project. Attachment: Langham Consulting Services, Inc. Agreement APPROVED AGENDA ITEM BY: 4.��;����� oseph ! . Baird, County Administrator FO F G 4L 19 410/.9 P:\Bids\2013-2014 FY (2014000)\2014043 Utilities RFP for AMR -AMI Meter Consulting Services \Agenda-2014043.doc Indian River Co Ap. .ved Date Admin �t $ +f 1 Legal '*t s„ iU Budget 1' 1/47/1 1 Utilities /1 b 0 I1< 320 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, Florida 32960-3365, hereinafter referred to as The County, and Langham Consulting Services, Inc., 170 Pier Avenue, Fairhope, AL 36532, hereinafter referred to as the Consultant: WITNESSETH THAT: WHEREAS, The County desires to engage Consultant to provide professional services for Automatic Meter Reading (AMR)/Advanced Metering Infrastructure (AMI) Consulting Services, and, WHEREAS, The 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 The 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 (Attachments A & B) which outline the scope of services and compensation. Consultant will proceed with each successive Task and/or Phase of the Project only after the County has given authorization to proceed to the next item. 3. Extra Services Consultant shall provide extra services, not specifically called for in the Scope of Services (Attachment A), only upon written authorization from The County. Time of Performance Consultant will commence work within 15 days after the date of execution of this contract. Phase I (Tasks 1-3) shall be completed within 135 days from the County's issuance of a Notice to proceed. Should the county decide to pursue Phase II, both Phases I and II shall be completed in three hundred (300) days or less (from Notice to Proceed). Work shall be performed only for each Task and or Phase, as previously directed by The County's designee. Work shall begin on each subsequent Task or Phase, only after County's designee determines it is in the best interest of the County to continue, and advises Consultant accordingly. If the 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 submissions for each Task or Phase has been accepted by the County. Page 1 of 9 P:\Bids\2013-2014 FY (2014000)\2014043 Utilities RFP for AMR -AMI Meter Consulting Services \Langham Agreement.doc 321 5. Meetings The County may require attendance by Consultant at meetings to make presentations or to otherwise review the progress of the work. 6. Reports Consultant shall prepare and submit to The County documents and/or reports as described in each Task or Phase. 7. Compensation Consultant agrees to perform the services provided for in the Scope of Services (Attachment A) and The County agrees to compensate Consultant for such services as set forth in the Compensation Schedule (Attachment B). 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 The County It is agreed that The County will have the following responsibilities under this Contract: a. Provide all available information, data, reports, records, and maps to which The County has access and which are needed by Consultant for the performance of the services provided herein. b. Designate a single representative who will be authorized to make necessary decisions required on behalf of the County and will serve to provide the necessary direction and coordination for the project. 10. Delays Beyond the Control of the Consultant It is agreed that events that are beyond the control of Consultant or The County may occur and may delay the performance of the Scope of Services (Attachment A). In the event that the performance of the Scope of Services by Consultant is delayed beyond their control, Consultant shall notify The County of such delay and the reasons therefore, and The County may, at its discretion, extend the time of performance accordingly. 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 the 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 the party The parties 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 dispute Page 2 of 9 P:\Bids\2013-2014 FY (2014000)\2014043 Utilities RFP for AMR -AMI Meter Consulting Services\Langham Agreement.doc 322 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. Termination of Contract The obligation to provide services under this Agreement may be terminated by either party upon thirty (30) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party or if the County determines it not in the public interest to continue this Agreement. In the event of any terminations, the Consultant will be paid for all services rendered through the date of termination. The Consultant will deliver to the County all work performed prior to termination of the Agreement. 13. Assignability This Contract shall not be assigned or transferred without prior written consent of County. 14. Insurance and Standard of Care Consultant shall perform services for The County in a professional manner, using the degree of care and skill ordinarily exercised by consultants practicing in the same or similar locality. Consultant's insurance shall be primary. The County shall be named as an additional insured for both General Liability and Automobile Liability. Consultant shall maintain the following limits of insurance during the term duration of this agreement. General Liability Each Occurrence $1,000,000 Fire Damage -any one fire $50,000 Medical Expenses -any one person $5,000 Personal and Advertising Injury $1,000,000 General Aggregate $2,000,000 Automobile Liability — Combined Single Limit $1,000,000 Worker's Compensation as required by the State of Florida Each accident $100,000 Each Disease — Each employee $100,000 Each disease — policy limit $500,000 Professional Liability Insurance $1,000,000 per occurrence $2,000,000 aggregate combined single limit Page 3 of 9 P:\Bids\2013-2014 FY (2014000)\2014043 Utilities RFP for AMR -AMI Meter Consulting Services \Langham Agreement.doc 323 $5,000 maximum deductible per claim The policy shall cover Consultant, all employees, and/or volunteers, and all independent contractors, subcontractors and professional contractual persons hired or retained by Consultant. All above insurance policies shall be placed with insurers with a Best's rating of no less than A- VII. The insurer chosen shall also be licensed to do business in Florida. The insurance policies procured shall be "Claims Made" policies or as generally available on the open insurance market. The Insurance Carriers shall supply Certificates of Insurance evidencing such coverage to the Indian River County Risk Management Department prior to the execution of this Agreement. The insurance companies selected shall send written verification to the Indian River County Risk Management Department that they will provide thirty (30) days written notice to the Indian River County Department of Risk Management of its intent to cancel or terminate said policies of insurance. 15. Indemnification To the extent of the insurance benefits under the insurance policies required herein, described in item 14. above, whether indemnity payments, defense costs, or otherwise, the Consultant shall indemnify and save the County harmless from the actions, payments and judgments arising from personal injuries or act or omission of the Consultant, his agents, servants or employees, in execution or guarding of the work, including any and all expense, legal or otherwise, incurred by the County or its representatives in the defense of any claim or suit. 16. Ownership of Documents All reports, contract documents, and other data developed by the Consultant for the purpose of this Agreement shall become the property of the County and shall be made available by the Consultant at any time upon request of the County. When all work contemplated under this Agreement is complete, all of the above data shall be delivered to the designee for the County. Page 4 of 9 P:\Bids\2013-2014 FY (2014000)\2014043 Utilities RFP for AMR -AMI Meter Consulting Services\Langham Agreement.doc 324 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. Dated: Langham Consulting Services, Inc. By: Print Name: WITNESS: WITNESS: Corporate seal is acceptable in place of witnesses Page 5 of 9 Board of County Commissioners Indian River County Florida Peter D. O'Bryan, Chairman Approved by BCC: ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to Form and Legal Sufficiency: Dylan Reingold, County Attorney Approved: Joseph A. Baird, County Administrator P:\Bids\2013-2014 FY (2014000)\2014043 Utilities RFP for AMR -AMI Meter Consulting Services \ Lang ham Agreement.doc 325 ATTACHMENT A - SCOPE OF SERVICES 1. PHASE I Task 1— Feasibility Analysis — estimated time to complete is 30 days 1.1 Within fifteen (15) working days from the date of execution of the contract, the Consultant shall conduct a "kickoff meeting" to discuss the chain of command and communication matrix between the County and the Consultant; determine procedures for data acquisition, and review target dates for initiation and completion of tasks. 1.1.2 Develop an effective communications plan that keeps all County AMR/AMI Team members and subject matter experts informed of project issues and status as the AMR/AMI initiative moves forward. Help forge consensus and buy -in among County staff. 1.1.3 Evaluate and summarize the feasibility of AMR/AMI alternatives. Task 2 — Business Case Development - estimated time to complete is 60 days 1.2 Develop an AMI/AMR Business Case that is inclusive of all benefits and costs applicable to AMI/AMR implementation. Costs -and -benefits analysis presented in the Business Case should incorporate a full system pricing mechanism that includes life cycle equipment and operating costs, operating savings, associated cash flows, inflation, customer service experience, and other considerations and constraints based on available information. Accuracy of meter reads, response to customer challenged reads, customer leak detection and conservation analysis and creating a positive image for the County should be included in the case development. Various phased and full change out approaches should be considered. Included in the various approaches would be changing out meters only at the end of their useful life as well as a complete retrofit of the existing systems. Also considered during this phase should be whether or not to enhance a proprietary meter technology or consider other non-proprietary systems that are available in the industry. 1.2.1 As part of the Business Case development, assess and report on the organizational impact of potential AMI/AMR solutions on applicable County business processes, personnel, and technology. This analysis shall include a review of current meter reading staff, billing staff, customer service staff, and technical support staff in order to include recommended staffing levels required to support the business plan as required in section 1.3.3. 1.2.2 Produce a document based on the Business Case development review process that outlines differences in the estimated costs and benefits, strengths and weaknesses, intangible and definitive benefits, and risks of each business case scenario. Task 3 — Related Technologies, Alternative Financial Packages, Strategic Assessment — estimated time to complete is 45 clays 1.3. If in the County's opinion the Business Case developed supports upgrading the County's metering system to an AMR/AMI system, work with the County to develop a preliminary plan and Page 6 of 9 P;\Bids \2013-2014 FY (2014000)\2014043 Utilities RFP for AMR -AMI Meter Consulting Services\1angham Agreement.doc 326 schedule for the implementation process, from RFP development for Contractor selection to system installation activation, and troubleshooting. 1.3.1 Guide the County in objectively assessing the criteria and conditions that must be addressed with respect to existing systems within the County to successfully deploy an AMR/AMI system. 1.3.2 Identify and recommend potential synergies and/or modification of current County business processes to ensure operational efficiency and maximize return on investment (ROI). Assess the cost/benefits of route optimization during this phase. Quantify specific operational benefits to be realized through AMR/AMI implementation. 1.3.3 Identify and recommend modification of the current County organizational chart for meter reading, billing staff, customer service and technical support in order to successfully implement and maintain an AMR/AMI system. 1.3.4 Identify qualified AMR/AMI vendors and technologies that will meet the County's needs, including assessment of their Tong -term viability. This assessment may include hybrid models. 1.3.5 Identify AMR/AMI technology alternatives that present reasonable options for the County. 1.3.6 Educate the County on the functionality of current systems available in the market, the tradeoffs among those systems, and how the various functionalities of the systems can lead to operational benefits. 1.3.7 Educate the County about other successful AMR/AMI programs in Florida. Evaluate AMR versus AMI success in other Florida communities. Compare environmental conditions in those communities to Indian River County. 1.3.8 Review, evaluate, and report on potential initiatives or opportunities for the County to partner with local electric power companies (FP&L and City of Vero Beach), or others, to collaborate on AMI infrastructure costs and trash haulers (Waste Management and Republic) or others, to collaborate on drive by meter reading. 1.3.9 Conduct a risk assessment of available alternatives and recommend strategies to minimize AMR/AMI implementation risks. Provide alternatives and strategies to reduce the impact and risk in operations, customer service, AMR/AMI installation, and management. 1.3.10 Evaluate applicable existing County IT hardware, software systems, and staffing or technical support for required interface with AMR/AMI. Assess if meter data management (MDM) system upgrades are required and make recommendations. 2. PHASE II Task 4 — Request for Proposal — estimated time to complete is 30 days 11.4 Formulate and prepare an AMR/AMI Request for Proposal (RFP) that encourages the widest possible industry response. The proposal may include parameters for retrofitting of existing AMR meters. The RFP should include performance-based provisions to ensure that the AMR/AMI project remains on schedule and budget. Assist the County in the vendor solicitation process. The County will advertise, distribute and accept responses to the RFP in accordance with its policies and procedures. Page 7 of 9 P;\Bids \2013-2014 FY (2014000)\2014043 Utilities RFP for AMR -AMI Meter Consulting Services\Langham Agreement.doc 327 11.4.1 Develop a vendor selection process and scoring system that ensures the best possible solution is selected for the County. Develop appropriate vendor evaluation criteria and coordinate the overall selection process, including on-site vendor presentations. 11.4.2 Assist the County during the evaluation and vendor selection. Task 5 — Contract Negotiations — estimated time to complete is 20 days 11.5 Assist the County during contract negotiations for AMR/AMI system installation and implementation. 3. PHASE III Task 6 — Strategy Formulation/Implementation Plans 111.6 Work with the AMR/AMI Project Team to develop an implementation plan and time line, manage day-to-day processes, and involve other departments and organizations in the process and work to ensure that major project milestones are met. This task shall also include route optimization as needed, before any implementation. Task 7 — Installation/System Activation 111.7 Provide ongoing planning, troubleshooting, and support to assist with day-to-day management of the AMR/AMI implementation project. 111.7.1 Provide expert technical and business support for the changes required to the County's current metering practices as the new AMR/AMI technologies are implemented. Task 8 — Information Technology Interfaces 111.8 Evaluate, recommend, coordinate, and assist the County with IT interfaces required for AMR/AMI implementation. Phases I — III and Tasks 1— 8 above in general, outline the Consultant services anticipated by the County such that the County can progress from initial feasibility analysis to final AMR/AMI technology implementation. However, the County's evaluation of results achieved from each prior completed Tasks/Phases will be the basis for direction to proceed to the subsequent phase; only if in the opinion of the County it is determined to be in the County's continued best interests to pursue AMR/AMI implementation, will the Consultant be directed to proceed to the next phase. Page 8 of 9 P:\Bids\2013-2014 FY (2014000)\2014043 Utilities RFP for AMR -AMI Meter Consulting Services\Langham Agreement.doc 328 ATTACHMENT B - COMPENSATION SCHEDULE Page 9 of 9 P:\Bids\2013-2014 FY (2014000(\2014043 Utilities RFP for AMR -AMI Meter Consulting Services\Langham Agreement.doc 329 Attachment B — Compensation Schedule All costs are fully inclusive of travel & living expenses at a rate of $195 / hour. The following table provides the projected cost for Phases I and II identified in this Contract. These costs are provided on a not -to exceed basis. Activities Estimated Hours Cost Estimate Task 1: Conduct Feasibility Analysis Task 2: Business Case Development Task 3: Conduct Strategic Assessment Task 4: Develop RFP for AMR/AMI system acquisition and assist the County with evaluation and scoring of Proposals Task 5: Assist the County in contract negotiations with selected AMR/AMI vendor Totals: 167 136 146 418 $32,565 $26,520 $28,470 $81,510 164 $31,980 1031 $201,045 Assumptions: Procurement and contract negotiation assumes a single, prime vendor. The following table provides the projected cost for Phase III identified in this Contract. These costs are for information only since the scope and length of the project are yet to be determined. Activities Estimated Hours Cost Estimate Task 6: Strategy formulation and implementation plans. Task 7: Assist the County during installation and activation of the AMR/AMI system. Task 8: Assist the County with IT interfaces. Totals: 334 3,411 $ 65,130 $ 665,145 T&E T&E 3,745 $730,275 Assumptions: A 32 month implementation with a Prime vendor is assumed: • 2 month mobilization (100% allocation) • 6 months Proof of Concept (100% allocation) • 24 month main implementation (50% allocation) • 2 month Project Close Out (additional 50% for the final 2 months of implementation). Langham will provide a fixed price for interfaces/integration support (Task 8) when the scope of such work is known, since the inclusion of interfaces with systems such as MDM and GIS can add significant complexity. 330 CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: TO: THROUGH: August 7, 2014 BOARD OF COUNTY COMMISSIONERS Joseph A. Baird, County Administrator Jason Brown, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manage SUBJECT: Consultant Selection for RFQ No. 2014007 — Annual Geotechnical Services BACKGROUND: On behalf of the Engineering Division and in accordance with FS 287.055, Requests for Qualifications (RFQs) were solicited for professional geotechnical engineering services on an as -needed basis for various County projects. RFQ RESULTS: Advertising Date: RFQ Opening Date: DemandStar Broadcast to: Specifications Requested by: Replies: May 21, 2014 June 25, 2014 at 2:00 pm 865 Subscribers 36 Firms 7 Firms ! (� i " v 1 �; J .. x •- 4N YT,{ - P Proposmg,F,irm , ' ,, r �r , r t« ,!<? , w, � ,,t ,a , , q„ar xa i.F gyp?T� �L9c4P9li u�ma?� S a3n „rq,: Nutting Engineers Port Saint Lucie, FL Ardaman & Associates Inc. Port Saint Lucie, FL Andersen Andre Consulting Engineers Inc. Port Saint Lucie, FL Universal Engineering Sciences Inc Fort Pierce, FL KSM, Keller, Schleicher & Macwilliam Sebastian, FL Dunkleberger Engineering & Testing, Inc Port Saint Lucie, FL GFA International Port Saint Lucie, FL ANALYSIS: A selection committee comprised of the County Engineer, County Coastal Engineer, Assistant Superintendent, Road and Bridge Division, Roadway Production Manager and Capital Projects Manager independently evaluated and scored the statements of qualifications in accordance with FS 287.055 and the County Purchasing Manual. These scores were compiled by the committee and an overall ranking of the submittals developed. The top five ranked firms were invited to participate in interviews, following which the committee members again independently ranked the firms and a committee ranking was compiled. Staff proposes to enter negotiations with all five top ranked firms. P:\Bids\2013-2014 FY (2014000)\2014016 RFQ for A-E for GoLine Bus Transfer HUB Facility\Agenda-2014016.doc 331 CONSENT AGENDA The final ranking established by the committee is: 1. Dunkelberger Engineering & Testing, Inc. 2. Andersen Andre Consulting Engineers, Inc. 3. GFA International, Inc. 4. KSM Engineering & Testing, Inc. 5. Ardaman & Associates, Inc. 6. Nutting Engineers 7. Universal Engineering Sciences, Inc. FUNDING: Funding for work orders under the proposed contracts will be vary based on the using department and project. RECOMMENDATION: Staff recommends the Board approve the committee's final ranking and authorize negotiations with the top five ranked firms in accordance with FS 287.055, Consultant's Competitive Negotiation Act. APPROVED AGENDA ITEM BY: FOR�d crA7_2k44 Til) -:),a-f-A9/ 4oseph A. Baird, County Administrator c.12/2 P:\Bids\2013-2014 FY (2014000)\2014016 RFQ for A-E for GoLine Bus Transfer HUB Facility\Agenda-2014016.doc Indian River Co .. •ved Date Admin hi, 8 %/'/ 1 Legal itf �` Budget iik g y IZ 11 Engineering _ G' j V Public Works it- r t .1 y 332 Consent Agenda Item INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES A (7-2 l 3 Date: To: From: Prepared By: August 8, 2014 Joseph A. Baird, County Administrator Vincent Burke, P.E., Director of Utility Services It) Arjuna Weragoda, P.E., Capital Projects Manager AW Gordon Sparks, P.E., Environmental Engineer >� 5 Subject: Approval of Proposal from KSM for Soils Investigation Services for Vero Lakes Estates 12" Master Plan Water Main Extension—UCP #4106 DESCRIPTIONS AND CONDITIONS: Beginning in 2006 and continuing into 2009, the Indian River County Department of Utility Services (IRCDUS) embarked on a program to expand 12" master planned transmission water main construction in a major portion of Vero Lakes Estates (VLE). This network would provide the backbone for connections for future water mains to serve a greater area that could eventually expand to include all of VLE. The far northwest portion of VLE was not included in this earlier expansion program. In June 2014 staff of the IRCDUS was made aware that the Public Works Department was planning a road paving project on 107th Avenue to begin construction the end of 2014 or the beginning of 2015. Therefore, staff proposes that the transmission main that was omitted in the earlier phase be expanded to run concurrently with the planned road paving project. The route chosen would be south from CR 512 on 106th Avenue, west on 94th Court, south on 107th Avenue then east on 89th Street to its intersection with 104th Avenue, a total distance of about 6,500 feet. The 12" water main would provide a loop that would improve supply and pressure to the existing water system and allow future expansion for the area in VLE as well as provide fire protection via seven proposed fire hydrants. Part of the preliminary planning, engineering and design for the project involves soilborings and survey services in order to identify underground soil characteristics and water table features as well as surface topographic features that will affect the final design and construction phases of the project. The project will be designed, bid and managed by the IRCDUS. ANALYSIS: Staff of the Department of Utility Services requested a proposal from KSM, Inc. for soil engineering services. On February 18th, 2014 the Board of County Commissioners approved a time extension on the annual agreement for Professional Geotechnical Services, with KSM, Inc. for various services including, but not limited to, field and laboratory construction materials testing in Indian River County. KSM, Inc. responded with a proposal dated July 2, 2014 (See Attachment 1) for a lump sum amount of $1,865.00. 333 FUNDING: Funding for this project is derived from the capital fund. The capital fund revenues are generated from impact fees. Furthermore, growth has created the need for expansion or construction of the facilities and '4.r. that new growth will benefit from the expansion or construction of the facilities. ACCOUNT NAME ACCOUNT NUMBER AMOUNT VLE 107th Av Water Main 472-169000-14507 $1,865.00 RECOMMENDATION: The staff of the IRCDUS recommends that the Board of County Commissioners approve the proposal from KSM, Inc. for a total lump sum amount of $1,865.00. ATTACHMENT(s}: 1. KSM, Inc. Proposal Dated July 2, 2014 APPROVED FOR AGENDA: By: �1�Z�� �' Co--i.hr Joseph A. Baird, County Administrator /9,a72i Date Indian River Co. Approved Date Administration 61)1,��/ Legal 7 I 1 Budget i?1,y 4 Utilities �� j� p 6 i 1:`f Utilities -Finance OW r"----(1 1 F:\Utilities\UTILITY - Engineering\Projects - Utility Construction Permits\IRC - VLE 107th Avenue 12 -inch Transmission Main Loop - UCP# 4106\Admin\A1- Agenda to approve KSM Proposal.doc 334 KELLER, SCHLEIC MARTIN (772) 337-7755 PALM BEACH (561) 845-7445 FAX (561) 845-8876 C.A.: 5693 July 2, 2014 Teat L1I LYi HER & MacWILLIAM ENGINEERING A P.O. BOX 78-1377, SEBASTIAN, FL 32978-1377 www.ksmengineering.net E -Mail: KSM@KSMENGINEERING.NET Gordon Sparks, P.E. Indian River County 1801 27th Street Vero Beach, Florida Re: CR 512 to 107th Avenue Water Line Extension Indian River County, Florida ND TESTI SEBASTIAN MELBOURNE ST. LUCIE Dear Mr. Sparks: Thank you for the opportunity to render a bid for professional engineering way of soil borings at the above referenced project. We estimate the following tests will be required for the project. SOIL BORINGS AND MOBILIZATION 1) Location of Boring Soil Borings Utility Locations 15' Deep @ $10.00/ft. Utility Locations 8' Deep @ $10.00/ft. 2) Mobilization 3) Clerical Services 4) Project Engineer Time Mobilization @ $125.00 each Clerical Services @ $40.00/hr Engineer Time @ $125.00/hr FAX NG, INC. (772) 589-0712 (321) 768-8488 (772) 229-9093 (772) 589-6469 services in the No. of Tests $$ Amount 4 $ 600.00 6 480.00 1 $ 125.00 4 $ 160.00 4 $ 500.00 Total - Soil Borings, Mobilization, Clerical Services and $ 1,865.00 Project Engineer Time The specified investigation shall be completed along with two copies of our report mailed to your office after authorization to proceed is received. If traffic control is required, the County shall provide those services. We will call for locates prior to any field testing. We look forward to working with you on this project. Email To: gs ' @r im; x37293 / SI Lic. No.: 860 / Julie E. Keller, P.E.: 68366 335 Date: To: From: Prepared By: Subject: Consent Agenda Item INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES August 7, 2014 Joseph A. Baird, County Administrator Vincent Burke, P.E., Director of Utility Services Arjuna Weragoda, P.E., Capital Projects Manager AO Terry Southard, Utility Operations Manager Final Pay and Release of Retainage for R.J.Sullivan Corp on the West Regional WWTP Odor Control System Project— UCP 4067 Bid No: 2013013 DESCRIPTIONS AND CONDITIONS: On January 22, 2013 the Indian River County Board of County Commissioners (BCC) awarded the contract for the West Regional WWTP Odor Control System Design to R.J. Sullivan Corporation at a cost of $1,015,000.00. Notice to proceed was issued on May 30, 2013 to R.J. Sullivan to start the work at the West Regional Waste Water Treatment Plant (WRWWTP). Change Order No.1 which was approved by the BCC on February 4, 2014 resulted in a net decrease in the amount of $144,180.97 to R.J. Sullivan's contract. Specifically, Change Order No.1 included the addition of the walkway replacement, landscape buffer changes, restoration of existing Clarifiers #1 and Clarifier #2 and a deduction for the County Purchased Items. ANALYSIS: The improvements are now complete and R.J. Sullivan Corporation submitted Final Pay Request No. 14 for $43,536.07 (See Attachment 1). The total cost of the project was $870,721.32 which is $97.71 less than budgeted. The payment of $43,536.07 to R.J. Sullivan Corporation will release retainage and the County's obligation to the Contractor. FUNDING: Funding for the Odor Control project at the WRWWTP is available in the Utilities R & R budget in the Operating funds. The Operating fund budget is derived from water and sewer sales. 336 ACCOUNT NO: Description Account Number Amount WRWWTP Odor Improvements -Retainage 471-206000-11504 $43,536.07 RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the Final Pay Application No.14 in the amount of $43,536.07 to R.J. Sullivan Corporation. ATTACHMENT(s): 1. Pay Application No. 14 APPROVED FOR AGENDA: ©%it)))Jh A. Baird, County Administrator By/ ;,•61r: /I >9 cif Date Indian River Co. loved Date Administration ted ��)y� ,, Legal )9., t Budget,, j K, Utilities 41' .,. `t ' j Utilities -Finance C� Ij d 41 1 F:\Utilities\UTILITY - Engineering\WWTF - West Regional\West Plant Odor Control Study - UCP - 4067\Agenda Items\Agenda-Final Pay to R108-7- 14.doc 337 PAGE ONE OF FIVE PAGES APPLICATION AND CERTIFICATION FOR PAYMENT Distribution to: APPLICATION NO: 14 (FINAL) PROJECT: YO OWNER: 0 0 June 1, 2014 to June 30, 2014 VIA ARCHITECT: PROJECT N 482 South Keller Rd CONTRACT DATE: February 14, 2013 x o - z c g CS a o 6 ndian River County 15 cc c id 3 J 3 C L" 3 s C G Cb , :J .11 $ •o G C m < = ,Y c u 4 g t7 JBUJ Lp3 -0 T' C > ts3 V 3 `o71 g`., c S E E •= -2 3 -2 .,u = w - U y 2 ' U 9 = E c Z W Q V re0 O= L O Zc c O 0 I= C.) V TA a Q 0 1- Q E Ce Z O C) iD SWORN STATEMENT FROM CONTRACTOR TO OWN VA V9 W CONTRACT SLUM 1 LETED AND STORED TC i. TOTAL COM i E z2 7. RETAIN - 0% of Compkted Work •i N x N rt x FOR PAYMEN N sr O vs 9n AMOUNT CERTIFIED r- a w ANCE 10 FINISII, INCLUDING RETAINAGE AINAGF reJ 5 DEDUCTIONS h w 8 ADDITIONS 8. H 8 8 4.3 z PERIODICAL ESTIMATE FOR PARTIAL PAYMENT PROJECT NAME: Indian River County West WWTP Anaerobic Tanks Odor Control System Design UTILITIES PROJECT NUMBER: UCP -4067 County Bid No. 2013013 CONTRACTOR: R. J. Sullivan Corp. ADDRESS: 2001 NW 22nd, St, Pompano Beach, FL 33069 Application No. 14 (Final) Period From: June 1, 2014 June 30, 2014 ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE A. Original Contract Amount: $ 1,015,000.00 B. Plus Change Order Additions $141,746.45 C. Less Change Order Deletions ($285,927.42) D. Adjusted Contract Amount $ 870,819.03 ANALYSIS OF WORK PERFORMED TO DATE 1. Original Contract Work Performed to Date $ 870,721.32 2. Extra Work Performed to Date $ 3. Total Value of Work Performed to Date to Date 4. Plus Stored Material 5. Total Work Performed and Material Stored to Date 6. Less 0% Retainage 7. Net Amount Earned on Contract after Retainage 8. Less Previous Applications for Payment 9. Plus: Reduction in Retainage from 5% to 5 % 10. Current Payment Due R J Sullivan Corp. By (Contractor) Title Project Manager $ 870,721.32 $ $ 870, 721.32 $ 870,721.32 $ 827,185.25 $ 43, 536.07 Robert D. Mullen Date July 22, 2014 339 West WWTP Anaerobic Tanks Odor Control System Design E U � d o d E E • g • e 'a o L a _ 9 0 E O O 0 0 O 0 0 0 0 0 0 t0 Mobilization a. Mobilization, Bonds, Insurance Anaerobic Tanks Flat Aluminum Cover N O 0 0 0 O 0 0 0 O O O O O O O O O O O O o O 0 0 O o o O O 0 0 0 0 0 0 0 O O o 0 O O 0 0 0 0 0 O a. Remove/Reinstall Handrails & Stairs N O 0 O O N 0 0 0 0 0 N b. Flat Aluminum Covers O O 0 0 0 0 0 0 c. Hose Bibb Piping O O 0 0 0 0 0 O d. Electrical Anaerobic Tanks Odor Control System 0 O O O O O O O O O O O O O O O O O 0 0 0 0 O 0 0 0 0 O O O 0 0 0 0 0 0 0 0 0 o O o o O N 7 vi N N 00 O� 0 o O 0 O O N 0 0 0 0 0 N a. Excavate 0 0 0 0 0 0 0 0 O Form & Reinforce 0 O 0 O O 0 0 0 0 0 Concrete Slab O 0 0 N o 0 0 0 0 N d. Equipment Pads O O 0 0 N O 0 0 0 0 O co M Odor Control Equipment U) 0 0 0 O 00 o 0 0 0 0 W f. Water & Drain Lines 0 0 0 0 0 0 0 0 U N W 0) O 0 0 0 O O O O O O O O O O O O O O O O 0 0 o o 0 0 0 0 O © 0 0 0 0 0 0 O O O O M 0 0 O 0 0 0 0 0 O O 0 0 0 0 0 0 O 0 0 C1 0 0 0 0 O 0 0 0 t7 N O 0 O O O C O 0 O O O R t0 M Odor Control System Duct Work tt a. Ductwork Ductwork Supports 9 c. RAS Pipe Supports d. Duct Penetration into Wet Well Grit Equipment Building ILO O O O O O O O O O O O O 0 0 0 0 0 O 0 0 O 0 0 0 0 0 a. Grit Building Column Footings 0 0 O O 0 0 O N 0 0 0 o O N b. Curb for Building Walls 0 0 0 0 0 0 0 0 LT O N CO 2 U O 0 0 O O 0 0 0 0 O d. Guard Posts O 0 0 0 O 0 0 0 0 0 O e. Wood Roof Trusses, Sheathing & Blocking 340 N O to M 0 w 7 O .- Noir U to ;a 0 o w Z .0 O L o CD .O amL L O a w West WWTP Anaerobic Tanks Odor Control System Design 0 E- `2 c 0 a 0 9 0 E ea 0 er C E a. tom E Q 0 0 O O 0 O O O 0 O O 0 O O 0 O 0 0 O O 0 0 0 0 0 o O o 0 0 0 0 0 0 O 0 0 0 0 O O O O o 0 0 0 O O 0 0 0 O N 0 0 0 0 O N f. Plywood Ceiling Diaphragm & Insulation 0 0 0 O 0 O 0 0 0 0 0 O O g. Metal Roofing, Skylights, Fascia & Soffit O 0 0 0 0 O 0 0 O 0 0 0 0 O 0 0 0 O O 0 0 0 o 0 0 0 N 0 0 O a O 0 0 0 0 0 0 vt O 0 O N N 0 0 O N 0 0 0 0 N N k. Roll -up Door O 0 0 O In O O 0 0 0 0 0 145 0 U 0 0 O 7 O O 0 O kn O 0 0 0 L) m. Gypsum Board Ceiling 0 O O 0 0 0 0 0 O O 0 0 0 O N O 0 O 0 N 0 0 0 0 0 0 0 O O O 0 0 0 0 0 O 0 0 o O O O) 0 O O 0 0 0 0 O 0 0 0 0 0 O O q. Systems Integration 0 0 O 0 0 0 0 O O) 0 0 0 O 0 O 0 0 O o O O O O O o O o O Explosion Proof Motors for Grit Bldg CO a. Motors & Solonoids b. Electrical l0 Aluminum Canopy at Sludge Area Odor Control r` 0 0 O 0 0 0 0 0 a. Concrete Column Footings 0 0 O O 0 O o O O cri b. Aluminum Canopy 0 0 0 0 0 00 O 0 0 O 00 0 0 0 0 O 00 0 0 O 0 0 0 0 0 0 O O O O O O O O O O O O 0 0 0 0 0 0 N cc Two Confined Space Entry Monitoring Units CO a. Portable Confined Space Monitors Four 5 CY Roll -off Dumpsters rn a. Roll -off Dumpsters Landscaping Buffer & Irrigation O O O 0 0 0 0 0 0 O N 0 0 0 0 O 0 0 O b. Fill voids O 0 m 0) f0 0 341 West WWTP Anaerobic Tanks Odor Control System Design E 0 d 0 7 a > O O 0 O O O O O O O) O O 0 O V1 O O O 0 O N O 0 O 0 O O O 0 0 0 0 0 0 0 O 0 0 0 O o 0 0 0 0 0 O O O O O O O 0 0 V N r O O O 0 0 0 0 O O 0 O O O O O O O r 0 0 O O 0 0 O O 0 0 O O O O r 0 O 0 O 0 O O 0 0 0 0 0 0 O oo 00 O O O) w co 0 0 M Tr TsN 0 0 W N O CO O N (.6 O 0 0 0 O 0 0 0 G O O (5 0 :o g 0 0 O O 0 O P) E nj r N v- Q r r 0 a D c. Landscaping C 0) O C r0 55 p_) . O 'o a) New ARV, Vent Piping, Misc Items a. Cut & Replace Concrete O m w c. ARV at Influent Force Main Relocate Pump Out Conection Aluminum Stop Plates for Filters per M-7 a. Aluminum Stop Plates Allowance a. Extra Work Remaining b Apply Additional Fertilizer d Clarifier Squeegees O 0 0 O CO1 Change Order No. 1 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 0 0 O O W 0 O O O O a0 a. Direct Purchase Explosion -proof Motors O O O O O 0 O O O O O O O O N O O 0.6 O O O W O O O O o c O O O 0 O M 0 O O N O O a. Drainage Changes to Buffer Area M 0 N M N O) O a. Coupling at Air Release Valve 0' O) O) a. Landscaping Changes 0 0 O O n CO N N a. Clarifiers Rehab W 00 00 w O) 0 r-- a. Changes for Roll -up Doors r oo r- ooN a. Dispose of Ditch Cleaning Debris r � a- N M d O (o r 342 West WWTP Anaerobic Tanks Odor Control System Design 0 0 N F r Ob V M c c d m bf b W a ▪ a, E 74, '0 U G O u ab a O G4 0 b c 'O 0 • g r rn N 00 O M N s'D ▪ O N O N N. O O N N C, .. 00 00 00 00 r 00 Total Contract Amount Stored Materials 00 r 00 leted and Stored 343 Consent Agenda Item INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: August 8, 2014 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services V Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager hp Gordon Sparks, P.E., Environmental Engineer Subject: Approval of Proposal for Work Order from Carter Associates, Inc. for Surveying Services for Vero Lakes Estates 12" Master Plan Water Main Extension—UCP #4106 DESCRIPTIONS AND CONDITIONS: Beginning in 2006 and continuing into 2009, the Indian River County Department of Utility Services (IRCDUS) embarked on a program to expand 12" master planned transmission water main construction in ackbone for a major portion of Vero Lakes Estates LE). This network would area that could eventualprovide the y expand to bnclude all of VLEnThe far ections for future water mains to serve a greater northwest portion of VLE was not included in this earlier expansion program. In June 2014 staff of the IRCDUS was made aware that the Public Works Department was planning a road paving project on 107th Avenue to begin construction the end of 2014 or the beginning of 2015. Therefore, staff proposes that the transmission main that was omitted in the earlier phase be expanded to run concurrently with the planned road paving project. The route chosen would be south from CR 512 on 106th Avenue, west on 94th Court, south on 107th Avenue then east on 89th Street to its intersection with 104th Avenue, a total distance of about 6,500 feet. The 12" water main would provide a loop that would improve supply and pressure to the existing water system and allow future expansion for the area in VLE as well as provide fire protection via seven proposed fire hydrants. Part of the preliminary planning, engineering and design for the project involves soils engineering and survey services in order to identify underground soil characteristics and water table features as well as surface topographic features that will affect the final design and construction phases of the project. The project will be designed, bid and managed by the IRCDUS. ANALYSIS: Staff of the IRCDUS requested a proposal from Carter Associates, Inc. for surveying services. Carter Associates, Inc. is one of the County's continuing services consultants that provide professional survey and mapping assistance. They responded with a proposal for a Work Order No. 2 (See Attachment 1) to provide survey services for 344 the VLE 12" water main loop for a lump sum amount of $13,385.00. FUNDING: Funding for this project is derived from the capital fund. The capital fund revenues are generated from impact fees. Furthermore, growth has created the need for expansion or construction of the facilities and that new growth will benefit from the expansion or construction of the facilities. ACCOUNT NAME ACCOUNT NUMBER VLE 107th Av Water Main 472-169000-14507 AMOUNT $13,385.00 RECOMMENDATION: The staff of the IRCDUS recommends that the Board of County Commissioners approve the proposal for a Work Order from Carter Associates, Inc. for a total lump sum amount of $13,385.00. ATTACHMENT(s): 1. Carter Associates, Inc. Proposal for Work Order No.2 APPROVED FOR AGENDA: `or ph A. Baird, County Administrator sjizzd ,201Y Date Indian River Co. Ap • • ed Date Administration (I i {i f i/ 41 ` Legal It (1 I Budget ''I1 S��/ Utilities !JP' ,`r Utilities -Finance C PM-- c(` r -II? F:\Utilities\UTILITY - Engineering\Projects - Utility Construction Permits\IRC - VLE 107th Avenue 12 -inch Transmission Main Loop - UCP# 4106 \Admin\A1 - Agenda to approve Carter Proposal REVISED 7-18-14.doc 345 EXHIBIT "A" WORK ORDER NO. 2 (Engineering/Survey) Continuing Professional Surveying & Mapping Contract 1333, 2013-2014 Indian River County Project No. UCP -4106 CARTER ASSOCIATES, INC. Consulting Engineers & Surveyors 1708 21st Street Vero Beach, FL 32960 772-562-4191 772-562-7180 Fax CLIENT: INDIAN RIVER COUNTY CAI JOB NO.: 14-392S BILLING ADDRESS: Surveying and Mapping Department 1801 27th Street Vero Beach, Florida 32960 PHONE # (772) 226-1386 FAX # CELL # PROJECT LIMITS Topographic Route Right of Way Survey — Vero Lake Estates, 106th Avenue; 94th Street; 107th Avenue; North 89th Street; South 89th Street DATE ORDERED: Pending Approval EST. COMPLETION DATE See Below ORDERED BY: - David Schryver, PSM Arjuna Weragoda, P.E. TAKEN BY: DEL/FSC COST: $ See Pages 3 & 4 LEGAL DESCRIPTION (Lot, Block, S/D/Sec-Twp-Rge): Parts of Sections 20, 21, 28 & 29 Township 31 South, Range 38 East, Indian River County, Florida PROPERTY STREET ADDRESS : Vero Lake Estates; 106th Avenue; 94th Street; 107th Avenue; North 89th Street; South 89th Street SERVICES TO BE PERFORMED: See Sheet 2 - 5 for Scope, Completion, Deliverables and Compensation J:\SURVEY WORK AUTHORIZATIONS\IRC Survey 2014-2015\14-392_IRC_WO_VLE-Topo-ROW-revised.doc 1 OF 5 346 PROPOSAL EXHIBIT "A" Continued WORK ORDER NO. 2 (Engineering/Survey) Continuing Professional Surveying & Mapping Contract 1333, 2013-2014 CAI Job. No. 14-392S IR County Project No. UCP -4106 IR County Contract No. 1333 IR County Work Order No. 2 Project Limits: Vero Lake Estates; 106th Avenue; 94th Street; 107th Avenue; North 89th Street; South 89th Street Topographic Route Right of Way Survey performed within parts of Sections 20, 21, 28 & 29, Township 31 South, Range 38 East, Indian River County, Florida. Project Scope: The SURVEYOR shall provide Professional Land Surveying services to include the following: 1.) Establish horizontal control and re-establish or recover right of way limits per Vero Lake Estates; 106th Avenue; 94th Street; 107th Avenue; North 89th Street and South 89th Street; and establish vertical control network benchmarks along the right-of-way corridor based on Florida State Plane Coordinate System, East Zone, NAD 83/2007 and North American Vertical Datum of 1988. 2.) Field observe and record vertical ground spot elevations and cross sections within project corridor, right of way to right of way at 50' intervals and all specific points (inverts, bottom of structures, drainage, driveways, etc.) and changes in contour within the right of way corridor, observations and recording of all drainage structures within the project limits (size, top, bottom and inverts). 3.) Field observe and record existing man-made above ground and natural features. 4.) Establish and set vertical benchmarks along the topographic route right of way survey not to exceed 600 feet. Specific Notes: Method of horizontal and vertical observations by G.P.S., RTK [accuracy: horizontal 10mm+1ppm (RMS), vertical 20mm+1 ppm (RMS)], North American Datum of 1983 / Adjustment of 2007, Florida State Plane Coordinates (East Zone -901) and North American Vertical Datum of 1988. J:\SURVEY WORK AUTHORIZATIONS\IRC Survey 2014-2015\14-392_IRC_WO_VLE-Togo-ROW-revised.doc 2 OF 5 347 Project Schedule: If required - Indian River County Surveying Division will coordinate and/or notify adjacent parcel owners along ``"' the specific route of the possible commencement dates of survey services and, if necessary, the possible access by the contractor to the respective adjacent parcels to perform their duties. Completion and Final Deliverables: Survey shall be completed within 45 days of the notice to proceed. Deliverables will include: Five (5) paper "hardcopy" signed and sealed set. Sheeted and model space (as applicable) AutoCAD drawing file and PDF formats on CD. Survey set/sheets shall include a cover sheet with location sketch, survey certifications, and related title and project number; survey notes/legend/abbreviation sheet, and right-of-way plan view sheets. Compensation: Payments shall be in accordance with the original Professional Surveying and Mapping Services Agreement, Contract No. 1333 with the Indian River County. I. Field and office tasks: horizontal and vertical control for the IRC Topographic Right of Way Project No. ; Set vertical control monuments along the project route survey. Tie project route to Florida State Plane Coordinate System (NAD 83/2007) and North American Vertical Datum of 1988. Surveyor I 1 hours @ $140.00/hr...... ..... ...............$ 140.00 Surveyor II 3 hours @ $125.00/hr... $ 375.00 GPS RTK Survey Crew (2 Men / 2 Unit) 16 hours @ $120.00/hr............ $1,920.00 Total I $ 2,435.00 II. Field observe and record vertical ground elevations, cross sections and all specific points and changes in contour within the right of way corridor. Field observe and record existing above ground man-made and natural features within right of way corridor. Surveyor I 1 hour @ $140.00/hr $ 140.00 Surveyor II 6 hours @ $125.00/hr $ 750.00 Survey Crew (3 men) 48 hours @ $120.00/hr... ..... ....... .$5,760.00 Total II . $6,650.00 J:\SURVEY WORK AUTHORIZATIONS\IRC Survey 2014-2015\14-392_IRC_WO_VLE-Topo-ROW-revised.doc 3 OF 5 348 111. Data reduction/drafting of topographic route right of way survey maps in AutoCAD format. Include previous survey observations performed by Indian River County. Surveyor 1 2 hours @ $140.00/hr . $ 280.00 Surveyor 11 4 hours @ $125.00/hr $ 500.00 CAD Technician 1 44 hours @ $80.00/hr ............... $3,520.00 Total III .................................... $4,300.00 TOTAL I — III Lump Sum Fee $13,385.00 J:\SURVEY WORK AUTHORIZATIONS\IRC Survey 2014-2015\14-392_IRC_WO_VLE-Topo-ROW-revised.doc 4 OF 5 349 INDIAN RIVER COUNTY PROFESSIONAL SURVEYING AND MAPPING :ONTRACT 1333 — OCTOBER 1, 2013 — SEPTEMBER 30, 2014 FEE SCHEDULE OFFICE: Surveyor I (Director / P.S.M.) $140.00 Surveyor II (Project Manager / P.S.M.) $125.00 CADD Technician I (Senior Survey Technician) $ 80.00 CADD Technician II (Cadd/Processing) $ 70.00 Geodetic Processing $140.00 GIS Technician / Analyst $105.00 Word Processing (Administrative Assistant (Research - Clerical) $ 40.00 FIELD: 3 -Man Survey Crew $130.00 2 -Man Survey Crew $120.00 SPECIALIZED EQUIPMENT: 12' Airboat $1,000/Day All Terrain Vehicle (ATV) $300/Day Swamp Buggy $800/Day 'ft -ANTICIPATED REIMBURSABLE EXPENSES: Postage, Express Mail, etc. Cost Blueprints/Blackline (24" x 36") $2.00 Ea. Mylar $7.00 Ea. Photocopies: 8.5" x 11" $0.15/Ea. 8.5" x 14" $0.25/Ea. 11" x 17" $0.35/Ea. Concrete Monuments $15.00/Ea. Rebar $ 2.50/Ea. Laths $ 0.75/Ea. Sub -Consultants Cost + 10% J:\SURVEY WORK AUTHORIZATIONS\IRC Survey 2014-2015\14-392_IRC_WO_VLE-Topo-ROW-revised.doc 5 OF 5 350 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONSENT E TO: THROUGH: FROM: SUBJECT: Joseph A. Baird, County Administrator Christopher R. Mora, P.E., Public Works DirectorOVNi`'.1. AND ,—,1 4- Christopher J. Kafer, Jr., P.E., County Engine l David W. Schryver, P.S.M., County Surveyor Work Order No. 1– Kimley-Horn & Associates, Inc. Indian River Boulevard, Right -of -Way Surveying and Mapping Indian River County Project No. 1354 DATE: August 5, 2014 DESCRIPTION AND CONDITIONS On October 1, 2013, the Indian River County Board of County Commissioners approved the Professional Service Agreement for Annual Land Surveying and Mapping Services Contract 1333 with Kimley-Horn & Associates, Inc. Work Order No. 1 with Kimley-Horn & Associates, Inc. is to perform all related field and office surveying and mapping services in connection with the preparation of a right-of-way map for two separate portions of Indian River Boulevard. The sections to be mapped do not include any portion of Indian River Boulevard that is part of the State Road 60 corridor Tying within the limits of the City of Vero Beach. The first section will begin at U.S. Highway No. 1 and run northerly to 20th Street (2.12 miles +/-). The second section will begin at the State Road 60/Merrill P. Barber Bridge and run northerly to 53rd Street (3.09 miles +/-) for a total of 5.21 miles more or less. This project will provide Indian River County with a comprehensive right-of-way map that will correctly and accurately define County ownership. The map will also delineate any possible areas of concern lying within the corridor, as well as the legal documentation identifying the means by which the lands were acquired. Accurate knowledge of County owned right-of-way is imperative and will benefit County staff in the land development review process and in the surveying of other properties owned or being purchased by the County, thereby reducing the potential for costly errors. The map will also allow staff to provide information to the general public in a timely and efficient manner. Attached, please find Kimley-Horn & Associates, Inc. Work Order No. 1 to provide the requested professional surveying and mapping services. Kimley-Horn & Associates, Inc. has submitted Exhibit A, Scope of Services, outlined in the attached Work Order No. 1, for a lump sum amount of $155,925.00. F:\Public Works\ENGINEERING DIVISION PROJECTS\1354-IR Blvd RW Map_US1 to 53rd St\Admin\agenda items\08-07-14 Memo BCC agenda for Indian River Blvd Right of Way mapping.doc 351 PAGE TWO BCC Agenda item from David W. Schryver, P.S.M. For August 19, 2014 BCC FUNDING Funding for this project in the lump sum amount of $155,925.00 is budgeted and available through the Secondary Roads Gas Tax, Account No. 10921441-033490 — Other Contractual Services — Right -of -Way Mapping. RECOMMENDATION Staff recommends approval of the attached Work Order No. 1, authorizing the above mentioned project as outlined in the attached Scope of Services, and requests the Board of County Commissioners to authorize the Chairman to execute the attached Work Order No. 1 on their behalf. ATTACHMENTS 1. Kimley-Horn & Associates, Inc., Work Order No. 1 2. Exhibit A — Scope of Services APPROVED AGENDA ITEM FOR: August 19, 2014 Indian River County Approved Date Administration 0 C O fri Budget `1 $112114 Legal 1/JJ' i`'�G� Public Works \—,"`".'O /12/1y Engineering li:/ q - / ' - / /7 352 IRC/Kimley-Horn Work Order #1 Indian River Blvd. Right -of -Way Mapping Page 1 of 3 Board of County Commissioners Administration - Building A (South) 1801 27th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: 772-778-9391 Project: Indian River Boulevard Right -of -Way Mapping Indian River County Project # 1354 WORK ORDER NO. 1 (Engineering/Surveying) FOR PROFESSIONAL SERVICES AGREEMENT ANNUAL SURVEYING and MAPPING/SERVICES WITH Kimley-Horn & Associates, Inc. In accordance with Contract No. 1333 This Work Order No. 1 is in accordance with the existing AGREEMENT dated October 1st, 2013 between Kimley-Horn & Associates, Inc. (SURVEYOR) and Indian River County (COUNTY). SECTION I — PROJECT LIMITS This Work Order No. 1 is for the SURVEYOR to perform surveying services to prepare a Right - of -Way map for portions of Indian River Boulevard totaling approximately 5.21 miles in length. The mapping limits shall begin at the centerline of U.S. Highway No. 1 and run northerly to 20th Street, and resuming at the State Road 60/Merrill P. Barber Bridge and running northerly to the centerline of 53rd Street. SECTION II - SCOPE OF SERVICES As agreed upon between Kimley-Horn & Associates, Inc. and Indian River County, the SURVEYOR shall provide Professional Land Surveying services to complete all tasks as outlined in this Work Order No. 1; specifically detailed in the attached proposal Exhibit A. SECTION III — TIME FOR COMPLETION & DELIVERABLES/WORK PRODUCT 1. Project shall be completed as follows: a. 100 % "Paper" review submittal (final review prior to final deliverables) shall be made within 180 calendar days of receipt of Notice to Proceed for review by County Staff prior to preparing final submittal package. b. Time of Final project completion shall be within 10 calendar days of receipt of the County's review comments from the 100% paper submittal. 353 IRC/Kimley-Horn Work Order #1 Indian River Blvd. Right -of -Way Mapping Page 2of3 2. Deliverables -The SURVEYOR shall provide the COUNTY: a. 100% Phase Submittal for County review and comment. All submittals shall include one (1) paper "hardcopy" along with Autocad files and an ASCII file for all survey points. County shall strive to provide review comments within 10 calendar days of the preliminary submittal. b. FINAL Deliverables, Five (5) paper "hardcopy" signed and sealed sets and one (1) signed and sealed MYLAR set in adequate recording fashion (I.E. Borders). Sheeted and model space (as applicable) AutoCAD drawing file in release 2004 through 2009, PDF formats and an ASCII file for all survey points, all electronic files to be on CD. c. Survey set/sheets shall include a cover sheet with location sketch, survey certifications, and related title and project number; survey notes, legend and abbreviations and plan view sheets. d. Work product and digital versions are to be prepared and submitted so that the County or other consultants can readily use it for design and analysis of the area, as defined. It shall contain all information necessary for a third party surveyor to independently recreate or utilize the survey work. It is acknowledged all final products become property of Indian River County and will be available for use by the public at large. e. The SURVEYOR's work product shall meet or exceed the minimum standards defined by Sections II, III and IV or the COUNTY will not approve the SURVEYOR's request for payment. SECTION IV — COMPENSATION The COUNTY agrees to pay, and the SURVEYOR agrees to accept, for the above described services rendered as identified in Sections I, 11, and 111 of this Work Order No. 1 for a total lump sum fee of $155,925.00 All and/or any additional services not described hereon shall be pre -approved by the COUNTY. Approved additional services shall be invoiced at the rates disclosed in the approved fee schedule with the SURVEYOR for the contract year(s) of October 1, 2013 through October 1, 2014. All invoicing shall include Project Number 1354, Work Order No. 1 (WO 1), Contract Number 1333, itemize man-hours and materials expended to complete the scope of services. Payments shall be in accordance with the original Professional Surveying and Mapping/GIS Services Agreement, contract No: 1333 with the COUNTY and as stated in Section II, 111 and IV hereon. Remainder of page left blank intentionally 354 IRC/Kimley-Horn Work Order #1 Indian River Blvd. Right -of -Way Mapping Page 3 of 3 The AGREEMENT is hereby amended as specifically set forth herein. AH remaining sections of the AGREEMENT shall remain in full force and effect, and are incorporated herein. IN WITNESS WHEREOF the parties hereto have executed these presents this day of 2014. OWNER BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA KIMLEY-HORN & ASSOCIATES, INC. Peter D. O'Bryan, Chairman.E., Sr. Vice President Approved by BCC ATTEST: Jeffrey K. Smith, Clerk of Circuit Court and Comptroller Derri k B. Cave, P Witnessed by: Deputy Clerk (Signature) Approved as to Form and Legafficiency: /Q•seph aird, CO TY Adm nistrator Kimley-Horn & Associates, Inc. (Printed name) 355 Kimley»>Horn August 8, 2014 David W. Schryver, PSM Indian River County Surveyor Survey Section — Engineering Division 1801 27th Street, Vero Beach, FI 32960-3388 772-226-1386 Re: Professional Services Agreement Contract 1333 Indian River Boulevard - Right of Way Mapping Dear Mr. Schryver, Kimley-Horn and Associates, Inc. ("Kimley-Horn" or "Consultant") is pleased to submit this letter agreement (the "Agreement") to Indian River County ("Client") for providing professional Survey and Mapping services. Our project understanding, scope of services, schedule, and fee are below. Project Understanding It is our understanding that Indian River County is requesting survey and mapping services for the preparation of a Right of Way Map for 2 distinct portions of Indian River Boulevard totaling approximately 5.2 miles in length. SCOPE OF SERVICES Kimley-Horn will provide the services specifically set forth below. Task 1— Right of Way Survey and Preparation of the Right of Way Map This scope of services is for the preparation of a Right -of -Way Survey and Map for that portion of Indian River Boulevard lying between US Highway 1 and State Road 60/20`h Street (approximately 11,200') AND that portion of Indian River Boulevard lying between State Road 60/Merrill P. Barber Bridge and 53`d Street (approximately 16,300'). This task will include and generally follow the items listed below: Order +- 70 Ownership and Encumbrance reports from the title company Research +- 70 parcels, 24 plats, 20 Section Corners Recover Horizontal Control +-10 NGS/County monuments Establish Primary Control Recover and field locate Right of Way/Property Corners +-200 corners Review the Ownership and Encumbrance Reports kimlc�-horn.cum 445 24th Street. Suite 200. Vero Beach. FL 32960 772 794 4100 356 Kimley»>Horn August 8, 2014 Page 2 of 3 Calculate ROW lines for +-27,500' of Indian River Blvd., including ties to US 1, 53`d St., and 2 locations at State Road 60, and 15 Side Streets Monument and reference the baseline of survey Prepare certified corner records and set reference points for the section corners Draft the Right of Way Map The survey and mapping services will be performed in accordance with Chapter 177 and Chapter 472 Florida Statutes and Chapter 5J-17 Standards of Practice as set forth for these types of surveys and the Indian River County Right of Way Map Checklist, attached hereto. This task also includes the cost of recording the Right of Way Map in the Public Records of Indian River County, Florida. SCHEDULE We will provide our services in an expeditious and orderly manner to meet the schedule mutually developed by the Client and Consultant for the various elements of the project. DELIVERABLES 5 signed and sealed copies of the Right of Way Map on 24" by 36" sheets. Digital AutoCad file and PDF of the Right of Way Map. Signed and sealed mylar of the Right of Way Map suitable for recording. ASCII file of all survey points. FEE KHA will perform the Scope of Services for a lump sum fee of $155,925.00 CLOSURE In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the terms and conditions in the existing AGREEMENT dated October 1, 2013, between Kimley-Horn and Associates, Inc., (SURVEYOR) and Indian River County (COUNTY) under the Continuing Services Contract No. 1333. (2013-2014) kintle-horn.cont 445 24th Street. Suite 200. Vero Beach. 11 32960 772 794 4100 357 Kimley»>Horn August 8, 2014 Page 3 of 3 We appreciate the opportunity to provide these services to you. Please contact me at 772- 794-4050 or chris.demeter@kimley-horn.com should you have any questions. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. Chris Demeter, PSM Vice President Derrick B. Cave, P.E. Sr. Vice President Attachment — Fee estimate spreadsheet for south portion of Indian River Boulevard Attachment — Fee estimate spreadsheet for north portion of Indian River Boulevard Attachment — Indian River County Right of Way Map Checklist Indian River County Agreed to this day of , 2014. By: Witness: kirolc-horn.coni APPROVED AS TO FORM AND LFGAL SU F=C:i`'' / � � �LC2i2 WILL,AM K. DEePAIL DEPUTY COUNTY ATTORNE ,' 445 24th Strut- Suite 200. Vero Bcach. FL 32960 772 794 4100 358 F— W w N 0 0 O N ESTIMATE COST: Task Totals 0 0 0 N N•-• M 0 0 0 0 N 0 0 0 CV CI M 0 0 0 0 0 0 0 (O D) (7 0 0 0 CO O civ- 0 0 0 CO 0) 0 0 0 CO N- u, 0 0 0 CO O 0 0 0 Cr) CO O 1,920.001 2,090.001 2,820.00 3,840.001 0 0 0 0 V 0 0 0 N N N co 0 0 0 N N N O CO 0 O O 69 To 0 a) U O O 0 0 O V to O 0 O O v Two Man - 2 GPS unit Crew 1 -- 15 0 0 M (0 CO CO $140.001 0 O N 0 0 69 Two Man Crew 0 CO 0 48 (D 10 0 O O N 69 $12,480.00 0c 3 2 co L `) U 0 0 0 M in 0 0 co GIS Analyst/ Technician 0 $85.001 0 0 0 69 GIS Specialist 0 0 0 0 N (A 0 0 0 69. Geodetic Processing Technician 0 0 0 O 0 fA 0 0 O (R Survey Technician/ CADD technician 0 <1" 12 CO 68 ' � 731 (D 481 2651 0 0 0 CO 69 $21,200.00 Project Surveyor 0 $120.00 0 0 0 69 Profession al Surveyor'. &Ma er ( (D co v 0) a 0 (D CV 0) CV l- $135.001 0 0 0 N (0 E9 Task Description 'Research - 32 parcels, 12 plats, 12 Section Corners, Fractional Corners, Horizontal Control 1Recover Horizontal Control and Verify Establish Primary Control 1Recover Right of Way/Property Corners Centerline tie to SR 60 at Indian River Boulevard and 17th Street at Indian River Boulevard ICalc Right of Way - 11,200' of IR Blvd, Tie to US 1 and tie to SR 60, Side Streets (9 side streets) (IR Blvd)(US 1 Tie) 1Centerline Tie to US 1 @ 4th Street Monument and reference Baseline @ Changes of Direction (±24) 2 hrs per 'Data Download (Review O&E Reports (32) includes plotting Reference Section Corners 1Create Certified Corner Records 1QC/QA 'Draft Right of Way Map in CADD Title Co. Coordination SUM OF HOURS 1HOURLY RATE TOTALS THIS SHEET M:MISC\SURVEY\PROPOSALSIR Blvd South RW Map revised 8-08-14.xls 359 N H W W I- W < co U c O O 0 O � O N O 0 o tD ./) U.. Eft c N V) E 0 o W a) • z 2 E oL251N Y a. ti W N OU NQ r.. Yro 0 -J 1- 0 0 N SUMMARY OF FEES 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o d N N 69 Ea E 0 Ef} Ef} N N CO N N O ED 69- Ea 4Ef3 Efl Sheet One Total Fees 1- H Z HOURS NIGHTS MILES (Direct Costs 0 0 0 0 0 0 N cD W J ~ cc cr) � ZOO W 2<00 z N 2 O± W O c.?UUWF- O JU)z< 0 Q W J Z W W U - 0WFWUo N 0 0 0 d 0 1- 0 O 0 N 0 ti ED EFS (Grand Total 360 0 CO 0 Task Totals L 4,265.00 0 0 o o N 0 0 0 m V 0 0 0 0 N •,-- 1 3,400.001 0 0 0 (.0 i M r- 0 0 0 (0 (O 0 0 0 CD CO 1,200.001 0 0 0 o N tt ,- 0 0 0 CO CO c'7 0 0 0 0 (6 4,500.001 0 0 0 CO0 V 400.00 0 0 U 0 () 00 0 0 (ri 0 co - co 69 0 0 O 69 N U N U O O O O O ' 69 O O O O `- 69 Two Man - 2 GPS unit Crew 1.0 N- 34 35 841 0 0 0 v it) 0 0 0 co N- 6- N - VI C 3U H N N co t1 N )- CO 0 O N-- 0 O O N 69 m C CO � � 2 U 0 N 0 cc; co 69 0 o En GIS Analyst/ Technician 0 $85.00 0 0 0 69 N c m 0 aa) Q 0) 0 $120.00 O 0 69 Geodetic Processing Technician 000 0 o 69 o 0 (n Survey Technician/ CADD technician 28 21 O 0 0 `- CD N- 0 N 151 0 N- 261 CO 4031 0 O 0 to- $32,240.001 Project Surveyor o 0 0 0 0 N 69 $0.001 Profession al Surveyor & Mapper to o 12 v 401 CO 201 CI)0 co $135.001 0 tri 0 0 69 Task Description Research - 38 parcels, 12 plats, 12 Section Corners, Fractional Corners, Horizontal Control Recover Horizontal Control and Verify Establish Primary Control (± 17 - 2hrs) Recover Right of Way/Property Corners (117) (Recover Side Street Right of Way (5 sudivision roads) Calc Right of Way- 16,300' of IR Blvd and Side Streets (10 side streets) 'Detail at 37th St. and 53rd street and SR 60 Monument and reference Baseline @ Changes of Direction Data Download Review O&E Reports and plats (49) includes plotting 1 Reference Section Corners (12) Create Certified Corner Records (± 12) QC/QA Draft Right of Way Map in CADD Title Co. Coordination SUM OF HOURS HOURLY RATE TOTALS THIS SHEET M:MISC\SURVEY\PROPOSALSIR Blvd North RW Map revised 8-08-14.xls 361 O O CO O O CO CO In LU Z U w w <O0 Z N 2 0 Z W O w UUw� OS) 0 Q w J z w CLU 2OQWUO 1- W W < 0 co N J 1- 0 0 H SUMMARY OF FEES 0 O 0 0 0 0 0 0 0 O O O O O O O ui ui 0000 d O O 64 63 63 0 EA Efl Cr) Cr) LE) co co 63 63 EA - w 0 d a) t Total Fees 1- 1- z HOURS NIGHTS MILES Direct Costs y N 0 U a) 0 0 1- ra 0 F- c C9 362 EXHIBIT "B" INDIAN RIVER COUNTY RIGHT OF WAY MAP CHECKLIST All Right-of-way projects shall adhere to Chapter 177 & 472, F.S. and Chapter 61G17, F.A.C. as minimum and be certified as such. 1. Cover sheet/Key sheet. 2. Survey notes and report sheet (As applicable) 3. Survey Control sheet (As applicable and or necessary) 4. Subsequent R/W map sheets. 5. Supply a Box or area for county acceptance and/or certification. 6. Title Box of each sheet must contain: a. County b. Designed, drawn and checked by (use names or initials) & date c. Scale d. Field Book References 7. Any notes necessary to set out the type and/or purpose of the map shall be shown. 8. Show pertinent dimensions and bearings in the following fashion as the case may be: a. Plat — (P) b. Computed — (C) c. Field — (F) d. Deed (D) 9. Show stations and offsets to all major Right of Way Breaks. 10. Show monumented baselines and all references thereto. 11. Verify that computed distances and bearings are supported by field measurements. 12. Verify and monument significant elements of Baseline alignment shown. (i.e. P.C. and P.T. and P.R.C. Stations) 13. Ensure that significant elements of all curves are shown and are correct. Also show curve data on all sheets where they appear. 14. Begin and End R/W Project with Stations. 15. Stationing in field minimum 500' beyond beginning and ending of project. 16. Baseline (equate to intersecting State or County Jobs by Station and job number when available) as available. 17. Projects shall be in NAD83/2011 State plane coordinate system and bearings reference shall be shown and must be clearly stated. Values shall be placed on key baseline monumentation. 18. Section 19. Township 20. Range 21. Government Lots, Grants, etc. 22. Sections and '/o Sections (lines & corners). Certified Corner reports of all Section corners used in the course of survey shall be completed and/or updated. 23. Land and Subdivision Ties (angles and/or, bearings & distances) 24. Subdivision name and limits 25. Plat Book and page (County) 26. Lots and Blocks (key map — blocks only) 363 27. Lot and Street dimensions (plat). 28. Show names of subdivision streets, plat book and page recording — also, show Lot and Block number and Dimensions. 29. Show any replat of a subdivision — show old subdivision when necessary to clear up former acquisition or old title references — use system of dashed lines, dotted figures, etc., with ties shown and name and plat book reference indicated 30. Stations and Angle Ties to Existing Side Streets as surveyed and/or calculated (where applicable) 31. Show field located P. R. M. /major property corner or parcel ties by station/offset to baseline/control line. 32. Current Street Names 364 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONSENT TO: THROUGH: FROM: SUBJECT: Joseph A. Baird, County Administrator Christopher R. Mora, P.E., Public Works Direct Christopher J. Kafer, Jr., P.E., County Engines C Michael D. Nixon, P.E., Roadway Production Manager la //// Amendment No. 6 to Work Order No. 1— G.K. Environmental, Inc. Oslo Road Boat Ramp IRC Project No. 0381 DATE: July 10, 2014 1:7-F DESCRIPTION AND CONDITIONS In 2009, the Oslo Road Boat Ramp was improved by replacing the old boat ramp and bulkheads and constructing new wooden docks. The County now desires to move forward with the next phase of boat ramp improvements which include a vehicle and boat trailer parking area, maintenance dredging, roadway paving, and dock extension. The permitting process has encountered extensive delays and additional environmental services were required to assist in the work to acquire all necessary permits. On September 8, 2009, the Board of County Commissioners approved Work Order No.1 to the Continuing Contract Agreement for Professional Services with G. K. Environmental, Inc. and Amendment Nos. 1 through 5 have been approved for additional services, bringing the current total for the agreement to $112,140.00. On August 22, 2013, the St. Johns River Water Management District issued a permit to the County for the referenced project. On September 4, 2013, the County received notice that a petition for an Administrative Hearing was filed challenging the referenced permit. The petitioners are Pelican Island Audubon Society, Dr. Richard Baker, and Dr. David Cox. This proposed Amendment No. 6 includes additional environmental services beyond the current scope of services required to address additional environmental issues that may arise. Attached please find Amendment No. 6 from G. K. Environmental, Inc. to perform additional environmental services for an hourly not -to -exceed fee of $10,000.00. Amendment No. 6 will increase the total for the agreement to $122,140.00. P:\Public Works\ENGINEERING DIVISION PROJECTS\03816-OSLO BOAT RAMP Phase II\Admim\agenda items\Agenda's a. Contracts\Oslo Boat Ramp - GK Environmental - Amendment No 6 to N. O. No.1, 8-19-14.doc 365 Page Two BCC Agenda Item from Michael D. Nixon, P.E. For August 19, 2014 FUNDING Funding is budgeted and available from the County Impact Fees/Parks/Oslo Road Boat Ramp - Account # 10321072-066510-03017. RECOMMENDATION Staff recommends approval of the attached Amendment No. 6 to Work Order No. 1 in the hourly not -to -exceed sum of $10,000.00, authorizing the above mentioned services as outlined and requests the Board to authorize the Chairman to execute the attached Amendment No. 6 on their behalf. ATTACHMENTS 1. Amendment No. 6 to Work Order No. 1 to G. K. Environmental, Inc. 2. G.K. Environmental, Inc. Fee Schedule (Exhibit A) DISTRIBUTION G. K. Environmental, Inc. APPROVED AGENDA ITEM FOR: August 19, 2014 0,011 Indian River County Approved Date Administration 1C� g I pt lig Budget 4 1, ' l21l4 Legal / Li/ - ./ F,42_ -- / Public Works r`^' 8//Z74 ei Engineering r\ / P:\Public Works\ENGINEERING DIVISION PROJECTS\03818-OSLO BOAT RAMP Phase II\Admim\agenda items\Agenda's 4 Contracts\oslo Boat Ramp - GK Environmental - Amendment No 6 to W. 0. No.1, 8-19-14.doc 366 Board of County Commissioners Administration - Building A (South) 1801 27th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: 772-778-9391 Project: OSLO BOAT RAMP — IRC PROJECT NO. 0381 AMENDMENT NO. 6 TO WORK ORDER NO.1 (Engineering) FOR PROFESSIONAL SERVICES AGREEMENT WITH G.K. ENVIRONMENTAL, INC. This is an amendment to the existing Work Order No.1 dated September 8, 2009, including AMENDMENTS NUMBER 1 through 5, in accordance with the PROFESSIONAL SERVICES AGREEMENT dated October 8, 2013 between G.K. ENVIRONMENTAL, INC. (CONSULTANT) and INDIAN RIVER COUNTY (COUNTY). The proposed scope of work includes additional services required to assist the County with the preparation and participation in the Administrative Hearing for the Oslo Boat Ramp Improvement Project by providing attendance to meetings with County and legal staff, depositions, hearings, design changes, meetings with regulatory agencies, and subsequent agency requests for design and mitigation plan revisions and additional information from State, Federal permitting agencies and their commenting agencies and other required additional environmental assistance to the County. All provisions of Work Order No. 1, including Amendment Nos. 1 through 5, shall remain in full force and effect, unless otherwise specifically modified. This amendment addresses changes in "SCOPE OF SERVICES", "COMPENSATION" and "TIME OF COMPLETION" of Work Order No. 1 as follows: SCOPE OF SERVICES TASK I ($6,554.00) CONSULTANT will assist Indian River County Engineering and Legal Departments as required in preparation and participation in the Administrative Hearing for the Oslo Boat Ramp Improvement Project. This additional work will include: onsite and offsite meetings, depositions, potentially additional onsite sampling with data analysis, and research of published scientific data, as it relates to the administrative hearing. The above work will be completed on an hourly basis as outlined in the recently approved CONSULTANT rate schedules (copy attached). CONSULTANT fees for this task will not exceed $6,554.00 without further County approval. TASK II ($3,446.00) CONSULTANT will assist Indian River County Engineering and Legal Departments as required to address the results of the project hearing and assist in obtaining the ACOE permit. The above work will be completed on an hourly basis as outlined in the recently approved CONSULTANT rate schedules (copy attached). CONSULTANT fees for this task will not exceed $3,446.00 without further County approval. 367 GK Environmental, Inc. Oslo Road Boat Ramp Amendment No. 6 to Work Order No. 1 August 19, 2014 Page 2 of 2 COMPENSATION The section of Work Order No. 1 entitled COMPENSATION shall be revised in response to the estimated Scope modifications (Task I and Task 2) set out herein. The charges will be invoiced on a not -to -exceed hourly basis per Exhibit A, G. K. Environmental Fee Schedule. Fees for Environmental Services: TASK I and TASK II TIME OF COMPLETION Not -to -exceed $10,000.00 G.K. Environmental, Inc. shall proceed in a reasonable time upon receipt of notice to proceed to complete the additional design services, as determined as necessary by the COUNTY, of this Amendment No. 6. Services to run concurrently with the Permitting and Administrative Hearing process for the Oslo Boat Ramp Improvements. Work Order No. 1 is hereby amended as specifically set forth herein. All remaining sections of Work Order No. 1 shall remain in full force and effect, and are incorporated herein. In WITNESS whereof the parties have executed Amendment No. 6 this , 2014. G. K., Geo NVIRONMENTA O a.. .acv ki, •re•i.- e Kulcz Witnessed by: ' 1 LA) t �e I y an Reingold, County Attorney Approved as to Form and Legal Sufficiency Day of INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman Board of County Commissioners Approved by BCC Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk eph A. aird, County Administrator Macintosh HD:Users.georgekulczycki.Library:Mail Downloads:GK Amendment No. 6, 8-19-14-ldoc 368 G. K. ENVIRONMENTAL, INC. Environmental Consulting GEORGE R. KULCZYCKI, CEC, CES, CEI 155 McKee Lane Vero Beach, FL 32960 Phone 772-567-9129 Fax 772-567-6245 Email gke@me.com EXHIBIT A G. K. Environmental, Inc. Fee Schedule & GKE Subcontractor Fee Schedule 10/1/13-9/30/15 G. K. Environmental, Inc. Fee Schedule President, Principal Ecologist $120.00 / hour (or lump sum) Administrative Assistance $ 45.00 / hour (or lump sum) GKE boat / fuel / associated sampling equipment $ 65.00 / hour (or lump sum) Phase I Audits / Environmental Site Assessments GKE Standard Fee: (includes historic aerial site reviews / onsite inspections, $2,975.00 (<5.0 acre site) and evaluations of: hazardous waste, preliminary endangered & threatened species, and approximate wetland locations) GKE reimbursement expenses photo b/w copies $0.15; photo color copies $0.45; postage: per postage invoice G. K. Environmental, Inc. Subcontractor Coordination and Supervision Services Fee Schedule Landscape & Maintenance Service per bid / event Archaeological Service per bid / event CAD Operator $ 70.00 per hour Field Assistant I. $ 40.00 per hour Field Assistant II Biologist / Chemist $ 75.00 per hour Geori I2. KuyckAi September 20, 2013 George R. Kulczycki, President, Principal Ecologist Date 369 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONS ENT TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director And, ''/ Christopher J. Kafer, Jr., P.E., County EngineeC FROM: Michael D. Nixon, P.E., Roadway Production Manager ///„..i` SUBJECT: Change Order No. 3 and Release of Retainage 66th Avenue Roadway Improvements — Phase 2 (4th Street to 16th Street) IRC Project No. 9810-B Bid No. 2012032 DATE: August 8, 2014 8GG DESCRIPTION AND CONDITIONS On April 3, 2012, the Board of County Commissioners awarded Bid No. 2012032 to Guettler Brothers Construction, LLC. in the amount of $7,498,095.00 for the paving of approximately 2 miles of 66th Avenue including a new bridge over the Indian River Farms Water Control District Main Relief Canal. Two Change Orders have been approved to date by the Board of County Commissioners, increasing the total contract to $7,842,707.74. The construction of the project is complete and Change Order No. 3 is to make final adjustments to contract bid items to decrease the total contract price by $196,747.70 for a final cost of $7,645,960.04 and to add time due to additional work requested by the County and justified delays. Guettler Brothers Construction, LLC. has submitted Pay Application No. 26 (Final), dated July 1, 2014 for release of retainage in the amount of $382,298.00. The Contractor has requested an additional 164 days to the contract time. FUNDING Funding is budgeted and available from the following accounts: Traffic Impact Fees/District 3 Account No. 102-206000-02031 66th Avenue (4th Street — 12th Street) Retainage ($105,911.25) Optional Sales Tax Fund/Road & Bridge Account No. 315-206001-06021 66th Avenue (4th Street — 12th Street) Retainage ($125,057.57) Secondary Roads Gas Tax Account No. 109-206000-02031 66th Avenue (4th Street — 12th Street) Retainage ($8,517.83) Traffic Impact Fees/District 2 Account No. 102-206003-06021 66th Avenue (12th Street — SR60) Retainage ($98,791.19) Optional Sales Tax Fund/Road & Bridge Account No. 315-206001-06021 66th Avenue (12th Street — SR60) Retaiange ($20,951.96) Utilities R & R Account Account No. 471-206001-10506 66th Avenue Relocations Retainage ($22,624.20) Utilities Impact Fees Account No. 472-206001-13526 66th Avenue WM Ext Retainage ($444.00) F:\Public Works\ENGINEERING DIVISION PROJECTS\98108-66th Ave Ph 2 4th St to 16th St\Admim\agenda items\66th BCC Agenda -Change Order #3 Final - Release of Retain.doc Page 2 BCC Agenda Item for August 19, 2014 66th Avenue Roadway Improvements — Phase 2 BCC - Change Order No. 3 and Release of Retainage RECOMMENDATION Staff recommends approval of Change Order No. 3 and payment of Guettler Brothers Construction, LLC. Pay Application No. 26 (Final) for release of retainage in the amount of $382,298.00 and additional time to the contract. ATTACHMENTS 1. Guettler Brothers Construction, LLC. Pay Application No. 26 FINAL 2. Change Order No. 3 3. Schedule of Items to Change Order No. 3 to be Added and Deleted 4. Work Change Directives No. 8, 9, 10 & 11 5. Letter from Guettler Brothers Construction LLC., dated August 5, 2014 requesting additional time to the contract DISTRIBUTION 1. Deward Howard, Jr., Construction Coordination Manager 2. Donald Keith, Senior Engineering Inspector 3. Guettler Brothers Construction, LLC. 4. Terry Cook, Road and Bridge Superintendent APPROVED AGENDA ITEM FOR August 19, 2014 Indian River County Approved Date Administration g r} ) �/ III • / Budget / • 2. • 4, Legal ` �/� / /2.— ‘`1 [t Utilities 1�` C��/' 4. 1 ��� Public Works✓. Q� V �/7 Engineering C��N�/ 7"}'"- // F:\Public Works\ENGINEERING DIVISION PROJECTS\9810B-66th Ave Ph 2 4th St to 16th St\Admim\agenda items \66th BCC Agenda -Change Order #3 Final - Release of Retain.doc SECTION 00622 - Contractor's Application for Payment 66th Avenue Roadway Improvements -Phase 2 (4th Street"to 16th Street) Application for Payment No. 26- FINAL For Work Accomplished through the period of 06/25/14 through 07/01/14 To: From:. Bid : Project: Indian River County (OWNER) Guettler Brothers Construction, LLC (CONTRACTOR) 2012032 9810-B 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): % of completed Work: 0 % of retainage: Total Retainage: 6. Total completed and stored to date less retainage (4 minus 5): 7. Less previous Application for Payments: 8. DUE THIS APPLICATION (6 MINUS 7): $ 7,498,095.00 $ 147,865.04 $ 7,645,960.04 $ 7,645,960.04 0.00 0.00 $ 0.00 $ 7,645,960.04 $ 7,263,662.04 $ 382,298.00 CONTRACTOR'S CERTIFICATION: UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that (1) the labor and materials listed on this request for payment have been used in the construction of this Work; (2) payment received from the last pay request has been used to make payments to all subcontractors, laborers, materialmen and suppliers except as listed on. Attachment A, below; (3) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (4) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective; and (5) If this Periodic Estimate is for a Final Payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full, and that alt taxes imposed by • Chapter 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and discharged, and that 1 have no claims against the OWNER. Attached to or submitted with this form are: 1. Signed release of lien forms (partial or final as applicable) from all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, together with an explanation as to why any release of lien form is not included; 00622 - Contractor's Application for Payment - 03-10 rev.doc 00622 -1 F:W Wlk WorkstENG1NEEAING DMSION PROJECTSt9$108-66U, Ave Phi 4th St W 16th SItMmimtbid donmenls10022- Cortlradora Application to. Payment • 03.10 rev.dac R,ay. 05!01 372 2. Updated Construction Schedule per Specification Section 01310, and Dated 07-01-14 By: STATE OF FLORIDA COUNTY OF INDIAN RIVER Page 2 of 6 (CONTRACTOR — mud be signed by an Officer of the Corporation) Ben Guettler - Manager Print Name and Title Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared Ben Guettler , who being by me first duly sworn upon oath, says that he/she is the Manager of the CONTRACTOR mentioned above and that he/she has been duly authorized to act on behalf of it, and that he/she executed the above Contractor's Application for Payment and Contractor's Certification statement on behalf of said CONTRACTOR; and that all of the statements contained herein are true, correct, and complete. Subscribed and sworn to before me this 1st day of July , 20 14 . Ben Guettler is personally known to me or has produced as identification. (SEAL) ,otpRY POB C, 'Plot OF F1.O�or SHARON M. MORRIS MY COMMISSION ti DD 991175 EXPIRES: July 31, 2014 Bonded Thru Budget Notary Services ************************** NOTARY PUBLIC: rix %(. A./A Printed name: . Ifo yy • S Commission No.: `'`D % 9 /17 Commission Expiration: 7 -3/ - [The remainder of this page was left blank intentionally] 00622 - Contractor's Application for Payment - 03-10 rev.doc 00622-2 Ft\Publ c Works\ENGINEERING DIVISION PROJECTS\98106-66th Ave Ph 2 4th St to 16th SnAdrnimlbld doasnents100622 • Contractor's Application for Payment- 03-10 rev.doc Rev. 05101 373 L1 1 I .-; r t..., SURETY'S CONSENT OF PAYMENT TO CONTRACTOR: The Surety, Western Surety Company 333 S. Wabash Avenue, 41st Floor, Chicago, IL 60604 Page 3 of 6 corporation, in accordance with Public Construction Bond Number a 58692682 , hereby consents to payment by the OWNER to the CONTRACTOR, for the amounts specified in this CONTRACTOR's APPLICATION FOR PAYMENT. TO BE EXECUTED BY CORPORATE SURETY: Attest: ****See Attached Power of Attorney Western Surety Company Secretary STATE OF FLORIDA COUNTY OF INDIAN RIVER Corporate Surety 333 S. Wabash Avenue, 41st Floor Chicago, IL 60 BY: Print Name: Ger. d J Arch Title: Attorney -In - (Affix Corporate SEAL) Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared Gerald J. Arch , to me well known >orxt ltopj xxx xxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxoclmtpllon, who being by me first duly sworn upon oath, says that he/fie is the Attorney -In -Fact for and that he/she has been authorized byNestem Surety Companyit to approve payment by the OWNER to the CONTRACTOR of the foregoing Contractor's Application for Payment. Subscribed and sworn to before me this 3rd y�4 �eitNA :44 July , 2O 14 da��� `K�RNAIy�,,'' ``. �',• TCS ''� SCJ nal2 S. Hernandez a Notary '.0 ®lic, State of Florida = s i. May 16, 2017 I. .1 .1 Commission Expires: May 1 17 s : No. FF 1119S0 :' o A(!8L1G.•: Or .�. ***********************sE****k**'kit*k***,Y>*****iirk#9t**************4.AAA**�tAAAriA AA ihlW****iY:k******irrtYF, *** [The remainder of this page was left blank intentionally] 00822 - Contractor's Application for Payment - 03-10 rev.doc 00622- 3 F:1PubGc Works\ENGINEERING DIVISION PROJECTS19910B-b6th Ave Ph 2 4th 51 to 16th SIL4drnlm\Wd.documenlsWo522 _ Contractors AppWerfon for Payment • Q3.1a tev.doc Rey. 05/01 74 Page 4of6 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 $ - G 1 9- /y IGNATUR 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 7 - 31- 1 1 - ;Lc" SIGNATURE [The Remainder of This Page Was Left Blank Intentionally] 00622 - 4 F:\Public Works\ ENGINEERING DIVISION PROJECTS1981 OB -66th Ave Ph 2 4th St to 16th St\Admim\bid documents\00622 - Contractor's Application for Payment - 03-10 rev.doc Rev. 05/01 00622 - Contractor's Application for Payment - 03-10 rev 375 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Gerald J Arch, Michael A Holmes, James F Murphy, Marcus Lee Stevens, Individually of Fort Lauderdale, FL, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - for any and all surety bonds and any and all consents required by the State Department of Transportation of the State of Florida, incident to the release of retained percentages and/or estimates on engineering and/or construction contracts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 26th day of September, 2013. State of South Dakota County of Minnehaha } ss WESTERN SURETY COMPANY aul T. Bruflat, Vice President On this 26th day of September, 2013, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires June 23, 2015 +............«.........,.....-0.~........%. r J. MOHR c I— NOTARY PUBLIC �f S SEAL i SOUTH DAKOTA ♦ ce444 4...'....M. 0,0oe4 M,%+ CERTIFICATE (i7)16,11) J. Mohr, Notary Public I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 3 day of July , 2014 Form F4280-7-2012 WESTERN SURETY COMPANY L L. Nelson, Assistant Secretary 376 BID OPENING DATE 311112011 K BALANCE TO FINISH E < t a O p O — -1,480.00 O 0.00 0.00 O o pO O F p0 O c O 102,078.00 -80.00 -9,405.00 O p p W f N I-2,562.00 1,942.50 O . 00 m 0.00 I M o ? o o 9 0 0 -224.00 4 4.00 o o6' 17,013.00 p -855.00 000 349.00 o � 0 � o ro Y. MATERIALS g 8 0 0,00 0 0 o 0 p o 0 0 o o 0 S 0 o o 0 S 0 o 0 S 0 S 0 0.00 00'0 00 0 o 0 o 0 o 0 00 0 oo 0 0 0 0 L' 0 M o 8 0 e o 185.07% I98.68% TOTAL COMPLETED <E St 225,000.00 I p Y] 6,215.00 I O m OC1 N 25,000.00 I 46,000.00 N o < S O b 212,800.00 o 1,500.00 413,088.00 p N 731,708.00 p Y N p 3,888.00 o v.N r 711,469.50 S 6. m p 8 O! I407,490.00 p p ' 584.00 N 4.00 1.00 O 22,077.00 182,927.00 O O m p O O O N O O 2,030.00 O N K a-- i f cc r 3 OO O O 0.00 I O O 0.00 I 0.00 O O O I 000 O O 00'0 0.00 O 00 0 0.00 O 00'0 O O I 0.00 O O O O O PREVIOUS APPLICATION 225,000.00 O p0 9,880.00 00 p �' M 25,000.00 46,000.00 p Nm N 450.00 p0 co p 00 O G 1,500,00 O p Q 44,154.00 731,708.00 20,460.00 0 m b N 3,888.00 00 i m w p n 36,505.00 h 407,490.00 113.00 494.00 1.00 .- 584.00 1 53.20 d 68,848.00 22,077.00 182, 927.00 1,860.00 78,080.00 m 2,164.00 67,759.00 0c o w 2,030.00 m m SCHEDULED VALUE E i 225,000,00 r r m 8,400.00 o N 25,000.00 46,000.00 450,00 po a O N 22,000.00 o h co - h 731,828.00 - �- 0 h < c 708,907.50 38,447.50 0 N 40 ,034.00 225,000.00 75,000.00 O O N 20.00 29,500.00 25,000.00 46,000.00 0 G 450.00 29.00 4,000.00 2,750.00 1,500.00 O N O < p p 2.00 2.00 Oi N Of '. I 5.00 O O O In•m NO.... ID•scHOlon- - .. - - 1 OwntfW I. unn ROADWAY IMPROVEMENTS ROADWAY MATERIALS J J d J J J J J 0 Q W J U U ›.- U >-. N y y m m N Q n 00 m OM N N amD MOBILIZATION MAINTENANCE OF TRAFFIC TRAFFIC CONTROL OFFICER (OFF DUTY LAW ENFORCEMENT) CHANGEABLE VARIABLE MESSAGE SIGN EROSION AND WATER POLLUTION CONTROL RECORD DRAWINGS/AS-GUILTS DRAWINGS SURVEY CONTROL (INSTAWRE-ESTABLISH) AERIAL PHOTOGRAPHY (4 PANELS/FLIGHT EVERY 30 DAYS DURING PROJECT) N.P.D.E.S PERMITTING FIELD OFFICE STANDARD CLEARING & GRUBBING PLUGGING WATER WELLS, ARTESIAN MAILBOX (RELOCATE) (SINGLE) EXCAVATION SUBSOIL (ROADWAY) EXCAVATION SUBSOIL (LAKES) EMBANKMENT (COMPACTED IN PLACE) SELECT BEDDING MATERIAL (SAND FILL FOR UNDERDRAIN SYSTEM) TYPE "B" STABILIZATION LBR40 (12") TYPE "5" STABILIZATION LBR40 (8") 6" CEMENTED COQUINA SHELL BASE (OR OPTIONAL BASE GROUP 4) 8" CEMENTED COQUINA SHELL BASE (OPTIONAL BASE GROUP 6) (2 -LIFTS) TURNOUT CONSTRUCTION (ASPHALT) MILLING EXISTING ASPHALT PAVEMENT (1" AVG. DEPTH) SUPERPAVE ASPHALTIC CONC (TRAFFIC B)(SP- 9.5)(1") p p O p p p p ' o p N v N wm N N ¢ v O m v O n N n� N N 5 377 BID OPENING DATE: 3/11/2011 BALANCE TO FINISH Amount 0.00 O 0 N -30,145.00 -5,370.00 2,898.00 -1,342.00 1,782.00 O 3,258.00 3,589.00 O O3. 0.00 0 O 0 :=1. $ 2,170.00 nr.i -5,988.00 200.00 O o O m QUANTITY 0.00 N m N -2.00 1.00 -1.00 O 0 0 O O 0 0 O 0 O 6 0.00 0.00 O o e 1 7.00 n68 c 44.00 O o o O X MATERIALS O F c 000 O O O O o O O O 000 O O O O O O O 0.00 O O O O c O O O e o 4 83.33% N 136.72% m A a° MrN e N oe o N0 6 .. N e. 0 O e. 0 . 0 O 0 . 0 . 0 0 Ot0 , 0e •N r' Oi `R'' N , Om • 2 o Wo W o G 0 a N n TOTAL COMPLETED 414,432.90 25,000.00 76,870.00 V 37,590.00 49,266.00 32,208.00 O m O n O 2. 8 m 4,166.00 O 0iS - 21,742.00 O H 15,318.00 24,429.00 000 4,030.00 I 9,319.44 9,728.00 O b 17,900.00 1,482.00 O ti O 4 p - m 125.00 3,074.80 O p 24.00 2.00 G O 20.00 N >l n m 2.00 o m O 8.24 O0 352.00 O m 8 r O THIS PERIOD E O . O l 0.00 0.00 0.00 O O O 00 0 0.00 0.00 O O O O O O O O O O O 0.00 O O O O 0.00 0.00 O O G 0.00 000 O ZCZ 8 PREVIOUS APPLICATION N Ov 25,000.00 76,870.00 42,843.35 O m O a O N m 3,564.00 O O R O O m O N m O e 8 8 N 21,742.00 28,336.00 15,318.00 24,429.00 O O v Q m O ^ m O m O O(I O e ' 011ANTITY' 65,783.00 125, 00 3,074.80 O 000 N N 4.00 20.00 0 2.00 0 m o r 8.00 O N o M o G 13.00 N m O N 352.00 m 78.00 o 'O SCHEDULED VALUE Amount - 414,432.90 O O 2 46,725.00 On th m O N m O `',2 N 30,866.00 5,346.00 8 N I, 68,418.00 7,178.00 8. O a 16,664.00 21,742.00 28,336.00 O 24,429.00 8 O 6,200.00 O 8 m 00 m O 1,482.00 5,625.00 4 b 200.00 25.00 O t0 2,685.00 O NN 1,342.00 4 O pi 3,589.00 p N �Op o N 3,542.00 7,659.00 41 O^ ' 310.00 00.6 23.00 20.00 O N g u m U W W W a W W a a Q Q Q W W a W J J J J J i0 ` � R ,_ ,_ 0 m O 0 N N O n m N m < N 0 .'..;.i.' M OOi r N Description SUPERPAVE ASPHALTIC CONC (TRAFFIC B)(SP- 12.5)(1-1/2") ASPHALT PAVEMENT MISCELLANEOUS (2" THK - UNDER GUARDRAIL) CEMENT CONCRETE PAVEMENT REINFORCED, 6" THICK CLASS I CONCRETE (ENDWALLS) INLETS (CURB) (TYPE P-5) (<10') INLETS (CURB) (TYPE P-6) (<10') INLETS (DITCH BOTTOM) (TYPE C) (<10') INLETS (DITCH BOTTOM) (TYPE C) (MODIFIED) INLETS (DITCH BOTTOM) (TYPE E) INLETS (DITCH BOTTOM) (TYPE SPECIAL) W/ P BOTTOM INLETS (DITCH BOTTOM) (TYPE SPECIAL) W/ J BOTTOM MANHOLES (P-7) (<10') d_ N LU 0 _ Z V 0 W 0 = Z i MANHOLES (JB -7) (>10') CONTROL STRUCTURE, < 10' CONTROL STRUCTURE, > 10' MANHOLES (ADJUST) VALVE BOX (ADJUST) Z Q K 0 0 i 6" POLYETHYLENE PIPE 1 12" CORRUGATED ALUMINUM PIPE 15" REINFORCED CONCRETE PIPE 15" ADS PIPE 1115" CORRUGATED ALUMINUM PIPE O V m E m s m - 6 m 6 m O a N- cM 6.- v n a v> 60, evNi N- ov'^i 6O am h m vm N 6 e N a ail Q `4',7...7. N 0] v c N � l I a N o o v '5.<'7°' o l ^ O O e� m 0 v� n t7n 0 c� N O a.- 8 9 9 378 BID OPENING DATE 3111/2011 TO FINISH .t 8 T N -1,482.00 3,258.00 o O 0 0 0 G N S S O O -1,440.00 S o O G 8 S o o 0 O o a p H 0.00 680.00 -65,484.00 S O m N m o 8 1'3 O 877.00 -39.00 74.00 0.00 09 O 00'0 00'0 O o 0 O 0 0 O 0 O 0 G 0 Q 00'0 0 0 o i0 I-92.00 0 10 MATERIALS I O C 0 O O O O O O O O G 0.00 0.00 0 O 0O 0 G O O 0O O G 0 O 0.00 00'0 0.00 O Go 0.00 O O O C O O m m o o m O o 100.00% 85.71% O O 0 0 O O 0 8 8 O o o m m O o 0 r o N 2 O o I95.75% P MPLETED 122,613.00 14,735.00 93,390.00 24,206.00 175,824.00 O G t!O m 18,388.00 7,560.00 11,654.00 159,720.00 154,260.00 O O O N G lV O O r 520.00 5,850.00 _ Q O O C0 0 0 G O 0 T 162,394.40 N m 1M 118,896.00 5,331.00 2,830.00 637.00 O O _ 328.00 126.00 144.00 III1,331.00 857.00 112.00 8.00 4.00 17.00 1.00 0 8.00 2.00 0.00 2,788.00 1,604.00 17,276.00 378.00 m a THIS PERIOD 0 0 8 0 8 0 0 0 0.00 8 0 0.00 0.00 0.00 0.00 000 0 8 0 0 0.00 0.00 8 0 2 0 0.00 8 0 0.00 0.00 000 00'0 IPPLICATION 14,735.00 93,390.00 24,206.00 175,824.00 65,610.00 18,368.00 7,560.00 11,664.00 159,720.00 154,260.00 10,080.00 2,720.00 0 7,361.00 520.00 5,850.00 4,160.00 1,130.00 0.00 100,368.00 00 m b 162,394.40 3,553.20 0 . 'QUANTITY 5,331.00 0 2,830.00 637.00 O O 328.00 126.00 144.00 1,331.00 O O O 17.00 00 0 O 2.00 0.00 2,788.00 1,604.00 17,276.00 378.00 4,954.00 SCHEDULED VALUE O 13,545.00 122,331.00 22,724.00 179,080.00 65,610.00 18,368.00 8,820.00 11,664.00 159,720.00 152,820.00 10,080.00 2,720.00 ! .- 00 m n 520.00 4,950.00 O O Q " 00 �- 680.00 34,884.00 0 N m N Y 100 ' 1 2,688.40 M 33.00 38.00 Q 54.00 58.00 60.00 81.00 120.00 O .- O 0 T 17 0 OQ 433.00 0 , Q 520.00 8 680.00 36.00 Q of 9.40 24.00 J J J J J J J J J L J J W W QN W 6 Q W Q W W J J J J m 3 N O v 17 m m Q -- ' ' N —m O N Description _ - 18" REINFORCED CONCRETE PIPE 18" CORRUGATED ALUMINUM PIPE 24" REINFORCED CONCRETE PIPE 24" CORRUGATED ALUMINUM PIPE 30" REINFORCED CONCRETE PIPE 30" CORRUGATED ALUMINUM PIPE 36" REINFORCED CONCRETE PIPE 38" CORRUGATED ALUMINUM PIPE 48" REINFORCED CONCRETE PIPE 60" REINFORCED CONCRETE PIPE 72" REINFORCED CONCRETE PIPE ELLIPTICAL CONCRETE PIPE CULVERT (29"x45") MITERED END SECTION (12" CROSS DRAIN) ,MITERED END SECTION (15" CROSS DRAIN) MITERED END SECTION (18" CROSS DRAIN) MITERED END SECTION (24" CROSS DRAIN) MITERED END SECTION (CONCRETE) (12" SIDE DRAIN) MITERED END SECTION (CONCRETE) (15" SIDE DRAIN) MITERED END SECTION (CONCRETE) (18" SIDE DRAIN) MITERED END SECTION (CONCRETE) (24" SIDE DRAIN) UNDERDRAIN, TYPE SPECIAL (4") UNDERDRAIN, TYPE SPECIAL (12") CURB 8 GUTTER CONCRETE (TYPE F) VALLEY GUTTER (CONCRETE) SIDEWALK CONC. (6" THICK) o r EW—LL s0Q'Oo'Q '4 r r U—= r a 7 m O�ON'5'FNO2FQQ20 r 7 o'7 r 0 r r.mQ M'YNO ,.....c' 0 o O m V a o'0r'0� Q O N. V -n m Q N.- 0 b < m N0 N mN 379 z C ..A,nooM -330.00 h o 1 240.00 1,620.00 O oo o ' 1 0.00 0 ito m N m 0 N 000 0.00 O 1,780.00 0 0 o 000 S. 0 �? a e 0 v. W 30,408.26 0 0 00'0 U 2 5t t m = oo 0 2.00 2.00 O 0 000 0,00 -1,157.00 m m 0.00 0.00 p .- 0 0 0 O 0 0 o -1,529.00 g n I 00'0 8S o ci N Q C .g O 0 O 0 ooro 00'0 0 0 0 0 0.00 o O 0 O 0 O 0 O 0 0 0 0.00 I 00 0 O 0 0.00 I I 000 O 0 0 0 o 0 I 000 0.00 I O 0 O o 0 0 m h e e O t0 85.71 g O O O 0 00 O a < .-O 95.81% 0 O ga" o O ,0j G N ' a 0 O a O O e O e N O O O C pp O a O .-oo a° a^ O TOTAL COMPLETED O N yN 22,085.00 O O o O m m 8,900.00 2,600.00 2.500.00 64,524.00 17,575.00 o 5,650.00 O p n 1,780.00 c N O o 35,000.00 150,300.00 43,356.00 I 000 O O G 0 10 2,200.00 2,070.00 4,300.00 a 1,262.00 0.00 5,00 12.00 o 1.00 0 5,377.00 0 00'0 5.00 0 0 0 119,885.00 1.00 8. 18,065.00 0.00 24.00 c 30.00 20.00 0 O 0 a.. 10 3 o 0 °° 0 0 0 0 0 o O 0 0 o 0 0.00 0.00 o o 0.00 0 0.00 p o I 000 o c 0o c c 0.00 0 0 000 00 0 '. PREVIOUS APPLICATION O • E n 22,085.00 0.00 8,100.00 O m o m O 0 N 2.500.00 64,524.00 O N •h o 1,370.00 1,780.00 000 149,856.25 15,000.00 35,000.00 150,300.00 O m O 15,360.00 6,111,095.4 2,070.00 4,300.00 . 2 1,262,00 0.00 5.00 12.00 •- 1.00 O 5,377.00 °0 0.00 5.00 O •- 0.00 o Oi Oe. O •- O O O N O O 30.00 20.00 LED VALUE Omi N N V 240.00 9.720.00 22,120.00 Om ap p O p N 2,500.00 m h 18, 344.50 � N 5,650.00 1,370.00 3,560.00 1,780.00 143,317.50 O 0 35,000.00 0 Q ro 0 6,415.20 14,720.00 6,141,503.30 2,200.00 2,070.00 4,300.00 'UnN P,Iw •.'� 330.00 0 O N C a 1,580.00 O G m OC 10 C 2,500.00 0 r m 2400 r 1,780.00 1,780.00 . 35,000.00 150,300.00 2.40 Cf $ 220.00 69.00 215.00 7 U J W W W N J J J LL J J J Q W Q Q Q N J fn J _, J LL. J Q Q . . Q Q O N t0 r .- Y 01 h N < o N N N RIPRAP SAND CEMENT ENDWALLS GUARDRAIL (ROADWAY) SPECIAL STEEL GUARDRAIL POSTS WI ACCESSORIES END ANCHORAGE ASSEMBLIES TYPE SRT -350 (8 POST SYS ) FDOT APPROVED QPL NO. S536-0208 END ANCHORAGE ASSEMBLIES TYPE CRT REMOVE EXISTING FENCE (AS SHOWN ON THE PLANS) REMOVE AND REPLACE EXISTING FENCE OUTSIDE OF RIGHT OF WAY (AS SHOWN ON THE PLANS) INSTALL TEMPORARY FENCING (AS SHOWN ON THE PLANS)' FENCING, TYPE B (BLACK VINYL COATED) 6' HIGH FENCING, HORSE (PAINTED BLACK) 4' HIGH I FENCING. TYPE B (BLACK VINYL COATED) 6' HIGH W/ I HORSE FENCE FAQADE (PAINTED BLACK) FENCE GATE TYPE B (DOUBLE SWING 16' FACE TO FACE) FENCE GATE, HORSE (12' SWING) FENCE GATE, TYPE B W/ HORSE FENCE FACADE (DOUBLE SWING 16' FACE TO FACE) FENCE GATE, TYPE B W/ HORSE FENCE FACADE (DOUBLE SWING 26' FACE TO FACE) PERFORMANCE TURF (SOD) (BAHIA) LANDSCAPING COMPLETE (SMALL PLANTS LESS THAN 7 GAL) (SEE PLAN FOR QUANTITIES) LANDSCAPING COMPLETE (SMALL PLANTS GREATER THAN 7 GAL) (SEE PLAN FOR QUANTITIES) IRRIGATION SYSTEM (SEE PLAN FOR QUANTITIES) CONDUIT (F81) (UNDERGROUND) (2 SCH 40 PVC) CONDUIT (F81) (UNDERGROUND) (4" SCH 40 PVC) AT EACH INTERSECTION PULL AND JUCTION BOXES (F8I) SUBTOTALS SIGN SINGLE POST (LESS THAN 12 SF) "STOP SIGN" (R1-1) SIGN SINGLE POST (LESS THAN 12 SF) "STREET NAME SIGN" (12" HIGH) (D-3) SIGN SINGLE POST (LESS THAN 12 SF) "SPEED LIMIT SIGN" (24"X30") (R2-1) i E A H t0 o N o N O N N a o m O N n o N o 10 'o 0 o d C o (0 N 0 N N k s 380 U m 0 N Z.: v 0 O O O o O O O O I-552.00 0 o 00 p I240.00 O O O p G -80.00 -780.00 o 1,575.00 0 b n ^ r 0.00 o O C p O < O O n O N O p O 0 - '~l� N 0 4 o O o 1 -138.00 120.00 20.00 00'0 -1.00 YY .- , � subtotal I 0 o -8.00 1 0 0 N O " 0 m I 00'0 0 b Q 2 i o b O O O O O O O O G o O 0 C o O O G O O O O O G O O 0.00 I O O O C O O O O O O 1 00'0 o 0.00 I O C O S l 133.33% %00'00£ 1 e O OW I100.00% e h e O ' \° O O Y m I94.32% O O e ' 222.67% e h O m Q %00'0£ subtotal 0 O 1 %00'00£ O %00"0 e O V o O O O 6 0 0 0 O Amosst 1,720.00 1,290.00 430.00 5,100.00 p N m . I26,730.00 0 p O m O r o N t•1 4,500.80 O bb 115,047.60 b _ b N 60.00 32.00 I 0 O 6,739.20 I O r O N 4,800.00 o m o b I 2.00 o I281.00 b 565.00 332.00 o m o n M 3.20 c n8 v G subtotal I o 0 m O 0 00 2.00 THIS PERIOD lE 0 O G 0.00 O G 00'0 O C o O G 0.00 O O 000 O G 00'0 O G O O O G o 0.00 I O O O O O O O 4 n PREVIOUS APPLICATION Amour.) 1,720.001,720.00 1,290.00 430.00 O h I_- 1,124.00 O m N G o b N - o . O O 4,320.00 16,599.80 31,200.00 4,500.80 675.00 O ' b N 3,200.00 0 O Pi O p 6,739.20 795.00 2,400.00 S Q zC ` b 1 6.00 2.00 O .-N 281.00 0p 0 ubbi 332.00 O O 54.00 M M 3.20 O O N N N o subtotal 1.00 --- 12.00 8.00 o o 624.00 53.00 O 2.00 SCHEDULED VALUE Fo S g 430.00 430.00 a b 572.00 0 ,n m N 1,370.00 3,770.00 4,240.00 7,455.00 0 Q 09 3,024.70 2,250.00 3,200.00 20.00 o0 ro 720.00 6,534.00 0 2,400.00 2,400.00 L O N O 0 N 3.0 N 4,500.00 2.00 to 1.30 80.00 Q 9,750.00 2.90 subtotal 3,200.00 5.00 4.00 c tQp ' 15.00 N 2,400,00 Q Q Q aP W Z J J J 2 Z J J W Q W 4 J J J UWMC-3'WATER MAIN CONFLICT STA. 9+84- 66TH AVENUE 1 LSI 3 b N N < 0 N 0 N b 8 7 ' N O 0 - Dw<Aglen SIGN SINGLE POST (LESS THAN 12 SF) "STOP AHEAD SIGN" (W3 -1a) SIGN SINGLE POST (LESS THAN 12 SF) "EQUESTRIAN TRAFFIC SIGN" (W11-7) SIGN SINGLE POST (LESS THAN 12 SF) "CENTER LANE SIGN" (R3 -9B) RELOCATE EXISTING SIGNS RETRO -REFLECTIVE PAVEMENT MARKERS MONO DIRECTIONAL WHITE/CLEAR RETRO -REFLECTIVE PAVEMENT MARKERS BI-DIRECTIONAL AMBER TRAFFIC STRIPE SOLID (THERMOPLASTIC) (WHITE) ( 6") TRAFFIC STRIPE SOLID (THERMOPLASTIC) (WHITE) 12") TRAFFIC STRIPE SOLID (THERMOPLASTIC) (WHITE) (24") GUIDELINES (THERMOPLASTIC) (WHITE) (DOTTED) 6- 10 GAP EXTENSION (6") DIRECTIONAL ARROWS (THERMOPLASTIC) RAFFIC TSTRIPE SOLID (THERMOPLASTIC) (YELLOW) (6') TRAFFIC STRIPE SOLID (THERMOPLASTIC) (YELLOW) (6") (DOUBLE) TRAFFIC STRIPE SOLID (THERMOPLASTIC) (YELLOW) (18") GUIDELINES (THERMOPLASTIC) (YELLOW) (DOTTED)10-30 GAP EXTENSION (6") UTILITY RELOCATION LOCATE, SURVEY, AND MAINTAIN OPERATION OF EXISTING VALVES DURING CONST. RETRO -REFLECTIVE PAVEMENT MARKERS - BLUE RETRO -REFLECTIVE PAVEMENT MARKERS - WHITE PERMANENT LAND MARKER, M-9 WATER MAIN PIPE, F&I, PVC, WATER 4" (ALL INCLUSIVE) WATER MAIN PIPE, F&I, PVC, WATER 6" (ALL INCLUSIVE) WATER MAIN CONFLICT STA. 7+66 - 66TH AVENUE N N 6 N P. N .4. U g m b 1--.N N N N V N M o N 0 U 3 3 U 3 381 BIO OPENING DATE: 311112011 Z0 Z LYti u7 y 0 00 1 -3,800.00 0 0 o 0 e n o 00 0 0 0 0 n 0 0 0 0 0 o 0 c o 0 0 o m c 0 4,234.00 5,840.00 -5,000.00 2,800.00 4,588.00 WANTITY 0.00 o 0 0 c 0 0 0 0 c 0 0 � 0 00 0 0 0 0 0 0 0 0 0 0.00 00'0 0 0 0 0 0 0 0 0 0 0 0 0 � 0 c 2.00 2.00 -2.00 1 o v o C r. it.'I O o 00 0 0 d o d 0 d 00 0 0 d 0 d 0 d 0 o 00 0 0 0 00 0 00'0 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 0 o O d o o 0 0 e e e O e N e o 0 ' , 0 C e 0 e 0 O e 0 O 0 e G e ` 0 O ' 0 O e- o O O e o o 0 O e 0 G o 0 N e G 77.78% O,E ") 0 0 U O F,.. C O o 3,600.00 1 7,200.00 O C n O vi O o O 00 c 4,300.00 O - n 4,500.00 0.00 3,600.00 4,800.00 4,100.00 O e 3.500.00 3,100.00 2,884.00 o p .0 3,366.00 1 000 0 O 00 o c o cn LIS 0 0 0 0 °:: 0.00 0 1.00 0 0 0 1.00 1.00 4.00 12.00 2.00 0 0 4.00 1 00 0 14.00 �_.._ THIS PERIOD a O t0 1 0.00 O O O G O O O O O C O O C O O O o o O 00 0 C O o 000 00 0 00'0 O o O O O O O o O O O C r. PREVIOUS APPLICATION QUANTITY -1 Amount 1.00 3,600.00 O o 1 3,600.00 7,200.00 O N 3,600.00 O pO o 0 O 0 O N O 3,600.00 4,500.00 0.00 3,800.00 0 O O coo > 0 G O < 4,300.00 3,500.00 3,100.00 2,884.00 8,604.00 0 co M p o 0.00 00 O o 00 G 15,988.00 1.00 OO 2.00 o O O 1.00 1.00 p 1.00 1.00 1.00 4.00 o 2.00 O p o O LED VALUE Amount 3,600.00 O 6- 3,600.00 O 3,600.00 3,600.00 3,600.00 4,500.00 4,300.00 O p1 1 4,500.00 O 0 3,600.00 4,800.00 4,100.00 4,300.00 111 0 O 1 4,234.00 OC 1 5,000.00 2,800.00 20,556.00 SCHEDU ' UnO PdO 3,600.00 3,600.00 0 N C) 0 M 0 )0 0) 3,600.00 0 0 C) 0 N P 4,300.00 3,600.00 4,500.00 3,800.00 0 00 0) 0 QO 0 O � 0 p 0 o th 3,100.00 721.00 h 1,683,00 2,117.00 2,920.00 N N 2,800.00 1,142.00 I N J J J J J 2 J J J J 2 J J N J J N J N J J J J N J J J O P N N N Dezedglon • WATER MAIN CONFLICT STA. 11+00 - 66TH AVENUE WATER MAIN CONFLICT STA. 16+30 - 66TH AVENUE WATER MAIN CONFLICT STA. 19+80 - 66TH AVENUE WATER MAIN CONFLICT STA. 23+80 - 66TH AVENUE WATER MAIN CONFLICT STA. 27+60 - 66TH AVENUE WATER MAIN CONFLICT STA 28+00 - 66TH AVENUE WATER MAIN CONFLICT STA. 32+00 - 66TH AVENUE WATER MAIN CONFLICT STA. 36+30 - 66TH AVENUE WATER MAIN CONFLICT STA. 21+90 - 4TH STREET WATER MAIN CONFLICT STA. 24+00 - 4TH STREET WATER MAIN CONFLICT STA. 27+80 - 4TH STREET WATER MAIN CONFLICT STA. 14+10 - 8TH STREET WATER MAIN CONFLICT STA. 17+25 - 8TH STREET WATER MAIN CONFLICT - 4TH PLACE WATER MAIN CONFLICT - 4TH LANE WATER MAIN CONFLICT 5TH STREET WATER MAIN CONFLICT 5TH PLACE WATER MAIN CONFLICT 65TH AVENUE WATER SERVICE (NEW), TUBING, FITTINGS 8 METER BOX, F81 (ALL INCLUSIVE) WATER SERVICE 8 METER, RELOCATE/ADJUST/MODIFY (ALL INCLUSIVE) UTILITY FIXTURE, FBI, 4" VALVE ASSEMBLY UTILITY FIXTURE, 6" GATE VALVE ASSEMBLY, REPLACEMENT OF EXISTING UTILITY FIXTURE, 8" GATE VALVE ASSEMBLY, REPLACEMENT OF EXISTING UTILITY FIXTURE, 6" LINE STOP VALVE ASSEMBLY UTILITY FIXTURE, 8" LINE STOP VALVE ASSEMBLY WATER MAIN PIPE 8 FITTINIGS, ADJUST/MODIFY 6" 8 8" VALVE BOX 8 STEM 'T 6 0 i 0 U 0 0 i 0 0 i 0 U 0 U 0 0 0 i 0 0 0 0 0 0 i 0 o 1 0 0 i 3 0 0 0 0 0 2 0 0 0 0 — N- d _ N 4L A Y Y 382 BID OPENING DATE 3111/2011 BALANCE TO FINISH E o o ^p 000 'eg o 0 0.00 650.00 o 18,215.80 0 c 0 0 0 0 c 0 o 0 0 c6 00'0 0 0.00 0.00 0 o 0.00 0 0 c 0.00 ;1 0 co -2.00 0 3 00'0 o 00'0 SUBTOTAL 00'0 .:,.0,'. 00'0 J 00'0 0 p 0 00'0 0 0 0 o 0 c O3. o 00'0 0 0 0.00 000 1!!0 000 0 0 0 o 0 0 000 000 0.00 00'0 0.00 0 o 0 c 0 o 0 0 I 000 0 0 00 0 000 000 000 0.00 G p e 0 R 171.43% e 0 o^ e 0 e 0 0 SUBTOTAL e 0 o e M a4 o oe e a e o 99 0 0 at. O 0 e g o O 0 e a' 0 0 0 a° 0 0 e 0 0 TOTAL COMPLETED o 0 o .> 5,112.00 4,702.00 I 0 0 rn 0 141,458.20 7,300.00 0 1,700.00 0 _ ^ p 0 0 O1 N 32,340.00 I 0 0 c po .5m 0 0 p m 0 16,030.00 110,490.00 53,300.00 25,200.00 8,732.00 00 0 0 m 72.00 0 r 3.00 2.00 SUBTOTAL 730.00 0 o 170.00 135.00 285.00 0 m 475.00 32.00 0 0 d N O ro. 10,330.00 o m 0 762.00 820.00 0 O 0 N 0 0 0 w a 00 0 0.00 0 0 0 0 000 0 0 0.00 0 0 I 00.0 0 0 0 0.00 000 00'0 0 O 0.00 --_ 0.00 _ 0 O 00'0 0 0 0.00 0 O SUBTOTAL I_- PREVIOUS APPLICATION 3 0 .5 o e o 5,112.00 4,702.00 O o m 1,300.00 1 O N a 0 o Om 0 o o o c n 71,550.00 210,900.00 p 0 A 0 . 8,000.00 p O o 'n 10,330.00 16,030.00 110,490.00 53,300.00 I140.00 25,200.00 236.00 8,732.00 ' o <O Q n 72.00 1.00 3.00 N SUBTOTAL 730.00 o o a o 0 in o0 En Nm 05 475.00 p m 61,620.00 O p o Gm 0 820.00 SCHEDULED VALUE Anwun4 2,070.00 o 2,98200 4,702.00 2,600.00 SS N ' ^ A r 71,550.00 210,900.00 32,340.00 r 00'000'9 S 10,330.00 8 mr 110,490.00 53,300.00 25,200.00 8,732.00 n o e 0 ^ p m e SUBTOTAL - o m 0 o 530.00 740.00 330.00 4.00 250.00 0 0 o 65.00 c ao 37.00 J J J J J J U U U U U U N W m J J J J J T 3 m Y .- Q N F.' 0 N m V m F`;'' - b O '- O O N r O ro N D..erIPDm FIRE HYDRANT, ADJUST & MODIFY FIRE HYDRANT, RELOCATE FORCE MAIN PIPE, F&I, PVC, SEWER 8" FORCE MAIN CONFLICT STA. 36+30 - 66TH AVENUE UTILITY FIXTURES, ADJUST/MODIFY 24" FORCE MAIN, AIR RELEASE VALVE BOX UTIL. FIXTURES, ADJUST/MODIFY 24" FORCE MAIN, GATE VALVE BOX & STEM BRIDGE IMPROVEMENTS CHANNEL EXCAVATION EMBANKMENT (COMPACTED IN PLACE) EXCAVATION FOR STRUCTURES CLASS II CONCRETE (SUBSTRUCTURE) CLASS IV CONCRETE (SUPERSTRUCTURE) CLASS IV CONCRETE (APPROACH SLABS) BRIDGE FLOOR GROOVING BEARING PADS (NEOPRENE) REINFORCING STEEL (SUPERSTRUCTURE) REINFORCING STEEL (SUBSTRUCTURE) REINFORCING STEEL (APPROACH SLABS) PRESTRESSED BEAMS (AASHTO 0) PRESTRESSED CONCRETE PILES FURN.&DRIV. 18"x18" TEST PILES PRESTRESSED CONCRETE (18"x18") ALUMINUM RAILING (DOUBLE) 6 rE, J 224' v YY v v c v 4 `AE v '4'3f a e o < v v 5 4 383 8. 7,1 BALANCE - 1 §)\ I SUBTOTAL I § q § SUBTOTAL § § f I 000 0 000 00'0 000 f / -0.50 33.00 | 2 MATERIALS (§ \ | § 2 000 1 § I 0.00 000 0.00 7 00 0 § f § § § § 2 § | § £ ISUBTOTAL ISUBTOTAL %00 OMPLETED 27,140.00 63,474.00 wi 1 85,000.00 2,156.25 22,145.00 9,738.71 5,000 75 7,700.00 5.152.00 143,203.46 -1,250.00 o -552.00 I \ ISUBTOTAL § § ISUBTOTAL 000 , 1.00 § / § ! j 1,540.00 § § | -820.00 -24.00 PERIOD (• r �ArwuM �=+ 0.00 0.00 000 I 000 I 00.0 = • ISUBTOTAL ISUBTOTAL (1 } / 10,000.00 10,000.00 85,000.00 \ ( 22.145 00 \ 26,462.50 I 9,738.71 5,000.7 7,440 00 , \0 1,04075 ( -1,250.00 I -35,260.00 I -552.00 / | 1 236.00 894.00 SUBTOTAL 00.1. § !\ ISUBTOTAL 000 I § 400 / § § 0 \ § § \ -820.00 -24.00 0 CUVALUt 27,140.00 62,054.00 709,486.00 65,000.00 y e 1 85,000.00 300,000.00 v: 22,145.00 7 28,462.50 5,000.75 z 7,700 00 5,152.00 1,040.75 143,203.46 /;§ 115.00 71.00 SUBTOTAL 0 \ SUBTOTAL \ 4.50 2,156.25 22,145.00 2,595.00 0 9.738.71 5,000.75 0 5.00 1 5,152.00 \ co c2 r,7; , / # TRAFFIC BARRIER RIPRAP (RUBBLE STONE) BRIDGE IMPROVEMENTS MISCELLANEOUS PUBLIC CONSTRUCTION BOND TRENCH SAFETY COMPLIANCE (OVER 5') (SEE SEC. 00454) TRENCH SAFETY COMPLIANCE (SHORING) (SEE SEC. 00454) MISCELLANEOUS FORCE ACCOUNT PIPE BACKFILL IRRIGATOIN - ELECTRICAL & PUMP HOUSE WCd 8 60" RCP IRFWCD 66TH AVE & 16TH ST VVCD 9 BRIDGE ANCHOR ASSEMBLIES WCD 10 GUARDRAIL END TREATMENT WCD 11 BRAGG IMPROVEMENTS kahle landscaping \ o / °ENCE (RELOCATEO SLEZAK LANDSCAPING ADAMS AND WALTERS LANDSCAPING 3ALANCE LEFT IN FORCE ACCOUNT LEARING & GRUBBING 12" TRENCH DRAIN 0. [ 24" RCP ° l$ § 0 0 ~ ~ ) ` \ ( ; ( ; ( ; ) 384 BID OPENING DATE: 3/11/2011 yZ O: S C 0.00 0.00 0.00 1 0.00 00'0 00'0 0 00 000 O OS O 0 0 0 GO O 0 00'0 O 8 O 0.00 0.00 000 C 3 ° QUANTITY 0.00 0 00 0 o 0 c 0 0 o 0 0 0 0 0 0 o 0 c 0 o S 0 0.00 S 0 0 0 0.00 0.00 I 000 0 0 0 0 0.00 1 0 0 0 0 0 0 0 0 0.00 W< < i+ O Oo 0 S 0 0 0 0 0 0 00'0 00'0 00'0 88 O o 00 0 00'0 0 0 0.00 0 O o S O 0 0 00 O o S 0 0 O 0 S o S O 0 00 0 O o 0 O o 0 O O 0 00 e a o 0 o0S0 ze, g e. e c o S %00'00/ e 888888808088888o° S S a o a S S0 o S0 o e a X aSo SSSSS0 TOTAL COMPLETED S 0 1,260.00 8,332.00 2,565.00 500.00 111 22,100.00 -150,300.00 37,500,00 2,500.00 S 100.00 4,026.00 S N - N N SS Ob N 2,500.00 p - 1,780.00 918.00 648.00 5.00 15.00 347.00 695.00 b 4.00 3.00 ^ O S O 1.00 8888 .- r r p 3.00 1 N S O n 2.00 S b S S - 4.00 'ERIOD 1 "Amwnl 0.00 0.00 0.00 0.00 O 00'0 8 O 0.00 88 O o 0.00 00'0 00'0 0.00 888 O o o 1 000 888888 O o o O O O O 0.00 O APPLICATION S S o O 8 L 1,260.00 S m 2,565.00 500.00 I 88 E -35,000.00 I N m OM N O 8 N 2,000.00 o 4,026.00 1 8g N I 2,590.00 S o 2,500.00 1,602.00 mOi.- 0 N 15.00 347.00 695.00 4.00 O O ' C O O O 88 28.00 O 74.00 2.00 o b O S S O LED VALUE .. . M.ount':.� 1,250.00 S ED S O b 1,260.00 8,332.00 2,565.00 500.00 -15,000.00 S G S .- -35,000.00 S N -150,300.00 37,500.00 $ 2,500.00 $ 2,000.00 O O $ 4,028.001 $ 1,120.00 $ 550.00 O N h S O N N $ 2,500.00 $ 1,602.00 S H S CO A H o 03 Vf„ I' -Una P4O. 250,00 600.00 4.50 88.00 20.00 O O N N 500.00 O O ' 8888 O O r H O O M H O N N N. LO $ 37,500.00 $ 2,500,00 8 H N Cl M WN $ 40.00 O N M Ml 88 O S H N CV N W C N M 8 m l9 $ 162.00 1. 2 2 U a Q QN ;;: r oimoapnon MOT FLAGGERS (FOR LOCAL TRAFFIC) IMPORT A-3 (ELV 18 - 13.5 = 4.5 DEEP X 3 WIDE 15" SLOTTED RCP TRENCH DRAIN 15" RCP a w = Z SAW CUT FORI5"RCP PLUG HOLE FOR 12' UNDERDRAIN LANDSCAPING COMPLETE (SMALL PLANTS <7 GAL) Revised Landscaping Complete (Small Plants Less Than 7 Landscaping Complete (Small Plants Greater Than 7 Gal) ,Revised Landscaping Complete (Small Plants Greater Thar Irrigation System Revised Irrigation System MOT 0 v o K = E O w = in n m O m 1- 12x18 ERCP a < O 1.- 12" CAP Driveway Remove and Replace Hold FPL Pole Remove 18" RCP a m m K F&I Flap Gate 1 6 F, m E3 3 3 3 3 8 3 3 3 3 3 3 ., 3 3 3 8 3 3 3 8 3 3 3 3 8 3 3 8 3 3 8 3 8 8 3 3 3 3 3 E 3 3 3 3 3 d 3 3 3 3 3 '8 3 3 8 3 3 8 3 3 8 3 3 385 BID OPENING D y 246 0 8 0 , .: 00'0 8 o 00'0 0 o 8 c 1,500.00 8 o 0 0 0 0 0 0 00'0 8 0 00'0 o 0 0.00 8 0 485.00 00'0 0 0 0 ?' 0.00 0 o 0.00 P 0 o 0 N BALANCE 'QUANTITY 0.00 0 0 00'0 I 0 0 3,000.00 0.00 0 0 0 0 0 0.00 0 0 0 0 0.00 0 0 e 0 0 -44.00 00'0 00'0 0 8.00 0 4.00 H �� �� '.6- Q e.. 0 0 o 00'0 I 0 0 o o 0 c a 0 0 0 o 0.00 0.00 0 0 0 0 o 0 0 0.00 0 0 000 0 0 0 0 0 o 0.00 I 0.00 0 0 0 0 0 0 0 0 0 0 0 0 0 0.00 0.00 0 0 e 2 2. e 0 O e 0 O 0 o e 0 O e 0 O o 0 o e 0 O e o e 0 o 0 o o O o — Z o — j o 0 o - 0 O o o O 200.00% 100.00% 100.00% 100.00% e 0 0 0 O 0 TOTAL COMPLETED o I� N 2,750.00 8 M 850.00 -319.20 1,780.00 O0 0 0 0 v 2,420.00 '.i 2,420.00 0 0 C 0.00 8 550.00 I 650.00 0 3,589.00 2,500.00 5,250.00 0.00 15.00 I'T 1,375.00 o 00'1 000 0 25.00 00 • • 1,500.00 0.00 0 o 1.00 88.00 Oo o0 0N THIS PERIOD E -E o .56 0.00 o 0 0 0 0 0 0 0 0 0.00 0.00 00 o 0 O 0 0 0 O 0 0 O 0.00 I 000 0 O 0 G 00'0 0.00 I 0 0.00 0.00 0.00 0.00 0.00 0 G t Z 3 IPREVIOUS APPLICATION. ,..� 2,750.00 1,365.00 0 m g 8 0.00 2,187.00 0 o o h O N 2,420.00 2,420.00 5,000.00 00 n o O 0 O o o 550.00 0 c 1,760.00 3,589.00 2,500.00 5,250.00 8 o C0 Oh0 O - 0uANTITY 1,286.00 00 o o $ r 0.00 1.00 0 0 25.00 0 00L 1,500.00 00'0 0.00 0 0 0 1.00 1.00 30.00 0.00 3.00 O o SCHEDULED VALUE 0 0 0 0 0 v- $ 850.00 1' $ (319.20) $ 1,780.00 0 8 000 1- N 0 1,700.00 $ 1,500.00 0 V $ 2,420.00 $ 2,420.00 8 0 0 l0 $ 585.00 0 h H 0 O H $ 880.00 $ 3,589.00 $ 2,500.00 $ 5,250.00 $ 32.00 $ 15.00 3! $ 240.00 I h g O H O N $ 17.50 $ 25.00 $ 24.00 O o H N O O O 00 N .- H H H $ 1,500.00 O O H $ 2,420.00 $ 2,420.00 O O 0 v) H $ 4.50 $ 12.00 00 N n H O C H $ 550.00 1 $ 650.00 $ 20.00 $ 3,589.00 $ 2,500.00 $ 175.00 $ 4.00 $ 5.00 Ogg o f H a } }N } V}! N} Q }N J �J e. 9 9 J }U J Q a 9 J� Q J O 6 � 6.1 .@ r f` r 8 � � - Nar 8 8 0 t7 C i b..crIPeon - Embankment 112" Stabilized Subgrede Turnout Construction (Pavement) 6" Concrete Reinforced 6" Concrete Sidewalk 24' Swing Gates Seed and Mulch Survey and As-builts Mobilization (Drainage Crew) Erosion Control (Silt Fence, Jute Net, Etc.) f o Survey and Control Record Drawings Clearing and Grubbing (Includes RR Ties) Embankment Remove and Replace Fence (By others) Install 12' Wide Double Swing Gate (By others) a 0 Saw Cut Existing Pipe Install Concrete Collar 15" RCP Install Type J-5 Mobilization MOT White RPM, F&I Blue RPM, F&I Permanent Land Marker K-9, F&I FWu5h[ WMu1kNOINEERING DIVISION PFOkL i 6iJ6106a61M1 An Ph 2 405101 . 3 = 3 $ 3 3 8 8 g 8 B ., g 8 8 3 8 8 o 3 3 3 3 3 8 ^o 3 3 o 3 8 S 3 3 8 3 3 ^ 3 3 S 3 On 3 U 386 M 2 0 F - AmouM _ 7,382.50 000 462.00 O O G O G -3,177.50 S O O O O 000 S O O G 0.00 o :2.5 b 000 O G 20.00 O O 240.00 0 g -1,525.00 0 N 0.00 W U 2 m :QUANTITY -.- 295.30 O O O - 0.00 O O 00'0 -5.00 O C O O O O O G O G 0.00 0.00 O C 0.00 O O O C 5.00 O O O O 15700 O O N O O N C Q X O O 00'0 000 00'0 00'0 0.00 O G 0o O C 0.00 8 Oo O O O C O O O O o O O 0.00 I O G 00'0 8 X o g 0 8;8 o. o 0 o o X X 0 0 0 X 0 0 X 8 0 o 0 0 0 X 0 o 0 0 X 0 o 0 X N o o TOTAL COMPLETED Amour* 66,442.50 6,064.00 198.00 O • c0 O Y 7,626.00 O G O 2 2 O O 8. 21,080.00 2,900.00 800.00 3,750.00 m tC - 2,500.00 I O 15.00 0.00 00 �O 56,675.00 6,240.00 5,500.00 E O O .. 6 8.00 2.00 O m 12.00 1.00 a '- 1.00 8. r 138.00 2.00 2.00 8.00 O r � N O O 3.00 0.00 40.00 2,267.00 120.00 1.00 O'. W n Se 1'bO 'erOO I 000 00'0 00'0 000 00'0 000 o o O j 000 0.00 00'0 0.00 0.00 O O O I 00'0 O I 00'0 O C 0.00 0.00 O O O O O O O 3 3 APPLICATION 66,442.50 0 0o O O f0 ' c o O N 6 m N ? 7. o (Np r 10,000.00 0 N 0 O N c O 21,080.00 I 08 O N 0 O m 3,750.00 8 n o O N 0 t0 O O 0 O O O 1,880.00 56,675.00 6,240.00 5,500.00 /) O O n r N 117.00 6.00 8.00 2.00 3.00 12.00 O O O r 2.00 2.00 O O p r 55.00 1 0.00 m6 40.00 2,267.00 120.00 1.00 SCHEDULED VALUE $ 73,825.00 O O O b <9 v1 O O O eD m H W $ 11,475.00 N of O Y 49 O O O O N O O N '- 49 $ 2,021.00 I $ 11,000.00 $ 21,080.00 O O OO N N M O ci o . $ 3,750.00I 182,209.80 N 00 m 20.00 15.00 240.00 8,274.00 00 N 3,120.00 5,500.00 O NO w 52.00 3300 o N 3,825.00 O n m o o 1,200.00 00 • o N O 0 O 0 1,450.00 400.00 1,200.00 3,750.00 2,500.00 162.00 4.00 5.00 60.00 42.00 25.00 52.00 5,500.00 Aeew..Amxro„ J 6 6 6 6) S'' 6 J ' 15i w 6 6 J o J 6 6 6 J h a % m N ^ N m N m 1� r N N W N 0 0 0 ^ ( N 0 yy tl 8" DR -18, C-900 PVC, F81 8" DIP, Class 350, F&I 12" DR -18, C900 PVC, F81 Utility Fixture 8"M.J. Gale Valve 8" x 2" Blow -Off Assembly, F81 Fire Hydrant Assembly, F&I O Ea A, Pressure Test Temporary Jumper Assembly, F81 Survey 8 As-Builts 8" Flanged and Coated DIP, F&I '8" Flanged and Coated 22.5° Bends, F81 8" M.J. 45° Bends, F81 Concrete Pipe Cradles, F81 Automatic Above -Ground ARV, F81 MOBILIZATION MOT WHITE RPM BLUE RPM PERM LAND MARKER K-9 4" DUCTILE IRON PIPE (DIP) 8" PVC 8" DIP CONFLICT 52+55 F WuN'c W *.ENOINEFRING DIVISION PPOJECT6W8106981M1 Ave P112 NU 611e 181 E000000000 387 BID OPENING DATE: 311112011 3 c o 0 8 W 2 O O O O O O O O 8 O O TOTAL COMPLETED F 8. 0 0 6 w 0 8. N 0 3 0 0 ci 0 8. O 0 W 0 E 8 O to- csT { 3 O O O 0 W W W WATER SERVICE & METER UTIL FIXTURE 8" GATE VALVE FH ASSY F & I TEMP JUMPER ASSY REMOVE 8" WATERMAIN & PLUG E O U O U O U O U O U 2 an et m Ie. sw 388 BID OPENING DATE 3/11/2011 0 h BALANCE TO FINISH 1 0 0 0 0 8888o 0 0 0 0 0.00 1,250.00 I TOTAL -101,170.80 3 o 0 a -165.00 0 0 0 c 00 0 % MATERIALS . 0 0 m e 08 o 8 c 8 c 8 o 80 0 o 000 0 d e 0 e e ai 0 o 0 0 o 0 o 0 0 e 0 0 0 a 0 •0 TOTAL TOTAL COMPLETED i 8 0 m 8. O N 8 00 h 8 m 8 i6 m 8 0o 496.44 667.50 g FA TOTAL 7,645,960.04 P O 5,926.00 1,000.00 0 N 8 ' 8 8 THIS PERIOD 0 0 000 O O O 00 O 0.00 0 0 000 0 f 0 T% G f` 3 TOTAL PREVIOUS APPLICATION E 8 o 0 N 8 8 m 8 N a 8 O < V 667.50 I TOTAL 7,645,960.04 FZr 8.8. 3 0 N 00'000'1 3,253.00 8 O 1.00 O SCHEDULED VALUE _. E O 24,630.00 8 9,759.00 8 C6 8 G O O N • 162,402.94 7,842,707.74 Unit Price 9,350.00 5.00 5.00 3.00 a O O r 496.44 h � TOTAL � J i V � J J2 J J SUBTOTALS 66TH AVENUE ROADWAY IMPROVEMENTS TOTAL PROJECT 8 a m ci n 0.,,dpIlon SURVEY & ASBUILTS A-3 BACKFILL (2463X12X4.5= 1330020(127=4,926CY) FPL CONDUIT INSTALLATION FENCING (RELOCATION & REPLACEMENT) FENCING (REMOVAL) FENCING (GRAVE'S CATTLE GATE - TEMP LAKE 100) LAKE 300A PLAN DISCREPANCY DRAINAGE DESIGN CONFLICT REVISIONS (CROSS DRAINS 18" RCP OVER 30" RCP) EO O0 O O 0 O0 0 O0 O0 O0 8 8 8 8 8 8 8 8 n TOTAL COMPLETED AND STORED LESS RETAINAGE LESS PREVIOUS PAYMENT t A 0 F e 389 SECTION 00942 - Change Order Form No. 3 (FINAL) DATE OF ISSUANCE: August 19, 2014 EFFECTIVE DATE: August 19, 2014 OWNER: Indian River County CONTRACTOR: Guettler Brothers Construction, LLC. Project:66th Avenue Roadway Improvements — Phase 2 (4th Street. to 16th Street) OWNER's Project No. 9810-B Bid No. 2012032 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 finalize the contract amount and release retainage to the Contractor. This change order is to make final adjustments to the contract time (Final Completion Date) needed to complete the work. Attachments: 1) Schedule of itemized changes. 2) Work Change Directives No. 8, 9, 10 & 11. 3) Letter from Guettler Brothers Construction dated August 5, 2014 requesting additional contract time. CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $7,498,095.00 Net Increase from previous Change Order Nos. 1 & 2 $344,612.74 Contract Price prior to this Change Order: $7,842,707.74 Net decrease of this $(196,747.70) Change Order No. 3: Contract Price with all approved Change Orders: $7,645,960.04 ACCEPTED: By: , 2c-71 CONTRACTOR (Signature) Date: 670 CHANGE IN CONTRACT TIMES Description Time Original Contract Time: Substantial Completion: Final Completion: (days and dates) 330 days / 4-18-13 360 days / 5-18-13 Net change from previous Change Order Nos. 1 & 2 Substantial Completion: Final Completion: (days) 269 269 Contract Time prior to this Change Order: Substantial Completion: Final Completion: (days and dates) 599 days / 1-22-14 629 days / 2-21-14 Net increase this Change Order No. 3: Substantial Completion: Final Completion: (days) 34 days 164 days Contract Time with all approved Change Orders: Substantial Completion: Final Completion: (days and dates) 633 days / 2-25-14 793 days / 8-05-14 RECOMMENDED:4/14 ENGINEER (Signature) Date: Bi 67/ APPROVED: By: OWNER (Signature) Date: F:\Public Works\ENGINEERING DIVISION PROJECTS\9810B-66th Ave Ph 2 4th St to 16th St\Admim\CHANGE ORDERS\Change Order No 3 FINAL.doc 390 66th Avenue Roadway Improvements - Phase 2 CHANGE ORDER NO. 3 IRC. No. 9810-B Item No. Description of Change Quantity Unit Unit Price Price increase Price Decrease County Project No. 98108 66th Avenue 4th Street to 16th Street ROADWAY MATERIALS 102-1 Maintenance of Traffic 1 LS 33,750.00 $33,750.00 102-14 Traffic Control Officer (Off Duty Law Enforcement) 31 MH 55.00 $1,705.00 102-99 Changeable Variable Message Sign 74 PD 20.00 $1,480.00 104-1 Erosion and Water Pollution Control 0.18 LS 29,500.00 $5,310.00 108-3 Aerial Photography (4 Panels/Flight Every 30 Days) 0.70 LS 1,360.00 $952.00 109-71-2 Field Office 224 PD 29.00 $6,496.00 110-1-1 Standard Clearing & Grubbing 0.2 AC 4,000.00 $800.00 110-5 Plugging Water Wells, Artesian 4 EA 2,750.00 $11,000.00 120-1 Excavation Subsoil (Roadway) 17013 CY 6.00 $102,078.00 120-4B Excavation Subsoil (Lakes) 500 CY 2.00 $1,000.00 120-6 Embankment (Compacted in Place) 20 CY 4.00 $80.00 125-3 Select Bedding Material (Sand Fill for Underdrain) 855 CY 11.00 $9,405.00 160-4B Type "B" Stabilization LBR40 (8") 349 SY 2.00 $698.00 285-704 6" Cemented Coquina Shell Base (Optional Base Group 4) 29 SY 9.00 $261.00 285-707 8" Cemented Coquina Shell Base (Optional Base Group 6) 244 SY 10.50 $2,562.00 286-1-1 Turnout Construction (1.5" 9.5 Asphalt) 111 SY 17.50 $1,942.50 327-70-1 Milling Existing Asphalt Pavement (1" Avg. Depth) 867 SY 5.00 $4,335.00 334-1-12A Superpave Asphaltic Conc (Traffic B)(SP-9.5)(1") 76 SY 6.00 $456.00 339-1 Asphalt Pavement Miscellaneous (3" Thick -Under Guardrail 25 TN 200.00 $5,000.00 350-2-1 Cement Concrete Pavement Reinforced, 6" Thick 1205.8 SY 25.00 $30,145.00 400-1-2 Class I Concrete (Endwalls) 17.2 CY 671.00 $11,507.65 425-1-351 Inlets (Curb)(Type P-5)(<10') 2 EA 2,685.00 $5,370.00 425-1-361 Inlets (Curb)(Type P-6)(<10') 1 EA 2,898.00 $2,898.00 425-1-521 Inlets (Ditch Bottom)(Type C,(<10') 1 EA 1,342.00 $1,342.00 425-1-529 Inlets (Ditch Bottom)(Type C)(Modified) 1 EA 1,782.00 $1,782.00 425-1-901 Inlets (Ditch Bottom)(Type Special) W/ P Bottom 1 EA 3,258.00 $3,258.00 425-1-903 Inlets (Ditch Bottom)(Type Special) W/ J Bottom 1 EA 3,589.00 $3,589.00 425-5 Manholes (Adjust) 4 EA 410.00 $1,640.00 425-6 Valve Box (Adjust) 7 EA 310.00 $2,170.00 425-10 Yard Drain 0.76 EA 1,131.00 $859.56 430-175-101A 6" PVC Schedule 40 (Polyethylene Pipe Optional) 746 LF 8.00 $5,968.00 430-175-101B 12" Corrugated Aluminum Pipe 44 LF 23.00 $1,012.00 430-175-1010 15" Reinforced Concrete Pipe 10 LF 20.00 $200.00 Page 1 of 4 391 66th Avenue Roadway Improvements - Phase 2 CHANGE ORDER NO. 3 IRC. No. 9810-B I Item No. Description of Change Quantity Unit Unit Price Price Increase Price Decrease 430-175-101D 15" Corrugated Aluminum Pipe 64 LF 25.00 $1,600.00 430-175-101E 18" Reinforced Concrete Pipe 165 LF 23.00 $3,795.00 430-175-101F 18" Corrugated Aluminum Pipe 34 LF 35.00 $1,190.00 430-175-101G 24" Reinforced Concrete Pipe 877 LF 33,00 $28,941.00 430-175-101H 24" Corrugated Aluminum Pipe 39 LF 38.00 $1,482.00 430-175-102A 30" Reinforced Concrete Pipe 74 LF 44.00 $3,256.00 430-175-102D 36" Corrugated Aluminum Pipe 21 LF 60.00 $1,260.00 430-175-105 72" Reinforced Concrete Pipe 8 LF 180.00 $1,440.00 430-984-121 Mitered End Section (Concrete)(12" Side Drain) 2 EA 450.00 $900.00 430-984-123 Mitered End Section (Concrete)(15" Side Drain) 4 EA 520.00 $2,080.00 430-984-129 Mitered End Section (Concrete)(24" Side Drain) 1 EA 680.00 $680.00 440-1-60A Underdrain, Type Special (4) 1819 LF 36.00 $65,484.00 520-1-10 Curb & Gutter Concrete (Type F) 767 LF 9.40 $7,209.80 520-3 Valley Gutter (Concrete) 92 LF 9.40 $864.80 522-2 Sidewalk Concrete (6" Thick) 61 SY 24.00 $1,464.00 530-1 Riprap Sand Cement Endwall 1 CY 330.00 $330.00 536-1-1 Guardrail (Roadway) 1055 LF 17.50 $18,462.50 I.- 536-7 Special Steel Guardrail Post W/ Accessories 2 EA 120.00 $240.00 536-85-22 End Anchorage Assemblies Type SRT -350 (8 Post Sys.) 1 EA 1,620.00 $1,620.00 536-85-26 End Anchorage Assemblies Type CRT 2 EA 1,580.00 $3,160.00 550-10-222 Fencing, Type B (Black Vinyl Coated) 6' High 1157 LF 12.00 $13,884.00 550-10-919 Fencing, Horse (Painted Black) 4' High 81 LF 9.50 $769.50 550-10-929 Fencing, Type B (Black Vinyl Coated) 6' High W/ Horse Fence Facade (Painted Black) 966 LF 24.00 $23,184.00 550-60-923 Fence Gate Type B W/ Horse Fence Facade (Double Swing 16' Face to Face) 1 EA 1,780.00 $1,780.00 550-60-926 Fence Gate Type B W/ Horse Fence Facade (Double Swing 26' Face to Face) 1 EA 1,780.00 $1,780.00 570-1-2 Performance Turf (Sod)(Bahia) 5231 SY 1.25 $6,538.75 630-1-12A Conduit (F&I)(Underground)(2" Sch 40 PVC) 1529 LF 2.40 $3,669.60 630-1-12B Conduit (F&I)(Underground)(4" Sch 40 PVC) at Each Intersection 1782 LF 3.60 $6,415.20 635-1-15 Pull and Juction Boxes (F&I) 1 EA 640.00 $640.00 TRAFFIC MARKING AND STRIPING 700-20-110 Sign Single Post (Less Than 12 SF)"STOP AHEAD SIGN" (W3- 1A) 2 EA 215.00 $430.00 700-20-11E Sign Single Post (Less Than 12 SF)"EQUESTRIAN TRAFFIC SIGN" (IN11-7) 4 EA 215.00 $860.00 706-3A Retro -Reflective Pavement Markers Mono Directional White/Clear 138 EA 4.00 $552.00 706-3B Retro -Reflective Pavement Markers Bi -Directional Amber 167 EA 4.00 $668.00 711-11-111 Traffic Stripe Solid (Thermoplastic)(White)(6a _ 0.12 NM 4,500.00 $540.00 Page 2 of 4 392 66th Avenue Roadway Improvements - Phase 2 CHANGE ORDER NO. 3 IRC. No. 9810-B Item No. Description of Change Quantity Unit Unit Price Price Increase Price Decrease 711-11-123 Traffic Stripe Solid (Thermoplastic)(White)(12") 120.00 LF 2.00 $240.00 711-11-125 Traffic Stripe Solid (Thermoplastic)(White)(24") 20.00 LF 5.00 $100.00 711-11-170 Directional Arrows (Thermoplastic) 1.00 EA 80.00 $80.00 711-11-211A Traffic Stripe Solid (Thermoplastic)(Yellow)(6") 1.84 NM 4,970.00 $9,144.80 711-11-211B Traffic Stripe Solid (Thermoplastic)(Yellow)(6")(Double) 0.08 NM 9,750.00 $780.00 711-11-224 Traffic Stripe Solid (Thermoplastic)(Yellow)(18") 509.00 LF 2.90 $1,476.10 711-11-231 Guidelines (Thermoplastic)(Yellow)(Dotted) 10-30 Gap Extension (6") 1 LF 1,500.00 $1,575.00 UTILITY ADJUSTMENTS 0706-3 Retro -Reflective Pavement Markers - Blue 8 EA 5.00 $40.00 0706-3 Retro -Reflective Pavement Markers - White 11 EA 4.00 $44.00 0705-10-5 Permanent Land Markers, M-9 12 EA 60.00 $720.00 UWMC-1 Water Main Pipe, F&I, PVC, Water 4" fAII Inclusive) 19 LF 10.80 $205.20 UWMC-1A Water Main Pipe, F&I, PVC, Water 6" (All Inclusive) 62 LF 15.00 $930.00 UWMC-3 Water Main Conflict Sta. 9+84 - 66th Avenue 1 LS 2,400.00 $2,400.00 UWMC-7 Water Main Conflict Sta. 23+80 - 66th Avenue 1 LS 3,600.00 $3,600.00 UWMC-10 Water Main Coflict Sta. 32+00 - 66th Avenue 1 LS 3,600.00 $3,600.00 UWMC-15 Water Main Conflict Sta. 14+10 - 8th Street 1 LS 3,800.00 $3,800.00 1050-13002 Water Service & Meter, Relocate/Adjust/Modify (AII Inclusive) 7 LS 717.00 $5,019.00 UF -1 Utility Fixture, 6" Gate Valve Assembly, Replacement of Existing 2 LS 2,117.00 $4,234.00 UF -2 Utility Fixture, 8" Gate Valve Assembly, Replacement of Existing 2 LS 2,920.00 $5,840.00 UF -3 Utility Fixture, 6" Line Stop Valve Assembly 2 LS 2,500.00 $5,000.00 UF -4 Utility Fixture, 8" Line Stop Valve Assembly 1 LS 2,800.00 $2,800.00 1080-15 Water Main Pipe & Fittings, Adjust/Modify 6" & 8" Valve Box & Stem 4 LS 1,142.00 $4,568.00 1644700 Fire Hydrant, Adjust & Modify 3 LS 690.00 $2,070.00 1644800 Fire Hydrant, Relocate 2 LS 1,342.00 $2,684.00 1050-11224 Force Main Pipe, F & I, PVC, Sewer 8" 30 LF 71.00 $2,130.00 1080-15 Utility Fixtures, Adjust/Modify 24" Force Main, Air Release Valve Box 1 LS 650.00 $650.00 BRIDGE IMPROVEMENTS 120-6 Embankment (Compacted In Place) 70 CY 30.00 $2,100.00 530-3-3 Riprap (Rubble Stone) 20 TN 71.00 $1,420.00 CHANGE ORDER #1 - Utility Items 120 White RPM 5 EA 4.00 $20.00 135 Perm Land Marker K-9 4 EA 60.00 $240.00 150 4" Ductile Iron Pipe (DIP) 157 LF 42.00 $6,594.00 160 8" PVC 61 LF 25.00 $1,525.00 170 8" DIP 60 LF 52.00 $3,120.00. Page 3 of 4 393 66th Avenue Roadway Improvements - Phase 2 CHANGE ORDER NO. 3 IRC. No. 9810-B ' Item No. Description of Change Quantity Unit Unit Price Price Increase Price Decrease 190 Water Service & Meter 2 EA 717.00 $1,434.00 200 Util Fixture 8" Gate Valve 3 EA 2,100.00 $6,300.00 255 A-3 Backfill(2463x12x4.5=1330020F/27=49260Y) 1000 CY 5.00 $5,000.00 CHANGE ORDER #2 - Utility Items 0706-3 White RPM, F&I 8 EA 4.00 $32.00 0705-10-5 Permanent Land Marker K-9, F&I 4 EA 60.00 $240.00 UWMC-1B 8" DR -18, C-900 PVC, F&I 295.3 LF 25.00 $7,382.50 UWMC-1D 12" DR -18, C-900 PVC, F&I 14 LF 33.00 $462.00 210A Sample Points 5 EA 635.50 $3,177.50 CHANGE ORDER #1 - Roadway Items 1 FPL Conduit Installation 165 LF 5.00 $825.00 CHANGE ORDER #2 - Roadway Items 110-1-1 Standard Clearing & Grubbing 0.31 AC 4,000.00 $1,250.00 440-1-60B 12" Trench Drain (Underdrain, Type Special 12") 33 LF 43.00 $1,419.00 570-1-2 Seed & Mulch 3000 SY 0.50 $1,500.00 New 17 Sod Pins 4850 EA 0.10 $485.00 430-175-1010 15" RCP 44 LF 20.00 $880.00 Work Change Directives Work Directive No. 8 To extend 60" RCP into I.R.F.W.C.D. Lateral "A" 1 LS 22,145.00 $22,145.00 Work Directive No. 9 To provide guardrail transition to Thrie-Beam connection at bridge - Bridge Anchorage Assemblies 4 EA 2,595.00 $10,380.00 Work Directive No. 10 To provide safe approach to end of guardrail parallel to traffic Guardrail End Anchorage Assemblies ET -2000 9 EA 3,162.50 $28,462.50 Work Directive No. 11 To Replace Landscape Buffer & Drainage Revision 1 LS 9,738.71 $9,738.71 Roadway Items Added New 20 Landscaping (Kahle) 1 LS 5,000.75 $5,000.75 New 21 Landscaping (Slezak) 1 LS 5,152.00 $5,152.00 New 22 Landscaping (Adams) 1 LS 1,040.75 $1,040.75 New 23 Fencing (New) 930 LF 8.00 $7,440.00 New 24 Fencing (Relocate) 1540 LF 5.00 $7,700.00 New 25 Pipe Backfill (A-3 Material) 9775 CY 4.50 $43,987.50 New 26 Irrigation - Electrical & Pump House 1 LS 2,156.25 $2,156.25 Force Account 1 LS 300,000.00 $300,000.00 SUB -TOTALS $411,906.86 $608,654.56 TOTAL CHANGE ORDER # 3 -$196,747.70 394 Page 4 of 4 SECTION 00948 - Work Change Directive No. 8 DATE OF ISSUANCE: 1/30/2014 EFFECTIVE DATE: 1/30/2014 OWNER: Indian River County CONTRACTOR: Guettler Brothers Construction, LLC Bid No: 2012302 Project: 66th Avenue Roadway Improvements — Phase 2 (4th Street to 16th Street) OWNER's Contract No. 2012032 ENGINEER's Contract No. 9810-B ENGINEER: Indian River County You are directed to proceed promptly with the following changes: Description: Install 8' lineal feet 60" R.C.P. extension to existing 60" R.C.P. with concrete collar attached to endwall together with millings and rip -rap rubble as shown on the "66th Avenue Plan and Profile Phase 2 66th Avenue & 16th Street Intersection" construction plan sheet 49A revision dated 1/22/14. Purpose of Work Change Directive: To provide safe maintenance access to I.R.F.W.C.D. Lateral "A" Canal being impacted by the 66th Avenue construction. Attachments: Added culvert at 16th street rev.pdf price quote e-mail from Ben Guettler dated 1/29/2014. "66th Avenue Plan and Profile Phase 2 66m Avenue & 16th Street Intersection" construction plan sheet 49A revision dated 1/22/14. 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: 111 Unit Prices D Lump Sum x Other:Work Price Quote 111 By Change Order. Estimated increase of Work Change Directive: $22,145.00 If the change involves an increase, the estimated amount is not to be exceeded without further authorization. Contract Times Contractor's Records D Engineer's Records 0 Other: [7 By Change Order: Estimated increase in Contract Times: 0 Substantial Completion: 599 Ready for Final Completion: 629 If the change involves an increase, the estimated time is not to be exceeded without further authorization. ACCEPTED: RECOMMENDED: IRO ED .� ,7 By: By: 76.1_,) c.,__J BT>,,_ ;Pi, ,, CON '1• TOR (Signature) ENGINEER (Signature) -WNER ( ',nature/ Date: //31//q Date0M Date: 2-3 j 7/ c:\Docnments and Settings N.donaldk\Local Settings\Temporary Internet Files \OLK2S\9920 - Work change Directive #8.doc 395 nd pumping water > 0 E a) (0 a) - L :i Q) >- -0 4 0 O 2 0 0 0 0 0 0 0 oI o O 0 o 0 o o o 0 o ci o O O T NO N L1 - 111 lD 00 Q1 O lD rn N t ‘-1 tl) N N N N th o 0 0 0 0 0 0 to 000000.0N a) O O O CO O 00 t-1 r-1 U 0 N 0 N Q1 c -i N t 111 t-1 00 c -i O V N To 0 th th th th V} th ti)- in- 1-- J7 > a { J T3 J J J V'1 - 1 • N .-1 d' 1-1 CO 1-1 O ul 0 01 h 0 0 r-1 Mobilization E cn L 0 nnection #10  Rebar -o O h0 03 X L Q) > 0 ULE _To v • LY � a C � a R u- 023 o LL LL N 0 0 11. ^0^` W a) 0 .o E /n c -Q o 0 (d 0 v O C Ou E -0 - O 0 as O U .a (A >, E a > O O E _c 1- .c 0 V) C .0 CO w D- Accepted By Ben Guettler 396 Donald Keith From: Ben Guettler [Ben@guettlerconstruction.com] Sent: Wednesday, January 29, 2014 6:44 PM To: Donald Keith; Deward Howard Cc: Kevin Trost Subject: 16th & 66th Culvert Mod Attachments: added culvert at 16th street rev.pdf Attached is the revised price per our conversation this morning. I left a little money in the MOT item to cover a few loads of fill. The pipe is being delivered tomorrow. We are committed to get this work done next week to stay on schedule. Thanks Ben Guettler Guettler Construction 772-461-8345 772-461-8039 FAX www.quettlerconstruction.com This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. 1/30/2014 c \ SEE SHEET 47 FOR CONTINUATION Ve, ZnZ C a ▪ a -4-i p. rri )0 • m Z a b y m <w 0 Eo'l^l • u C N INC p 1 = V 0`J :O o N • 44° > n D 0 m > r z >co C7 go Cg ti 0J (0p 20.1+ 01 '4 a. 420 �il��V�fll: fP xln 1111111 111111 i nniimums inuu I g t. nnnlll ii■n I.ii111LIiil\ 7---0.___r111111111111 nl���.nnnnnnnnn� CO a� 0 m 0 m 398 SECTION 00948 - Work Change Directive No. 9 DATE OF ISSUANCE: 2/06/2014 EFFECTIVE DATE: 2/06/2014 OWNER: Indian River County CONTRACTOR: Guettler Brothers Construction, LLC Bid No: 2012302 Project: 66th Avenue Roadway Improvements — Phase 2 (4th Street to 16th Street) OWNER's Contract No. 2012032 ENGINEER's Contract No. 9810-B ENGINEER: Indian River County You are directed to proceed promptly with the following changes: Description: Furnish and install four (4) Bridge Anchorage Assemblies conforming to Section 536 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2010). Purpose of Work Change Directive: To transition standard W -Beam guardrail to Thrie-Beam connection for bridge approach. Attachments: 66th Avenue — Guardrail Attachment to Bridge e-mail from Kevin Trost dated 2/04/2014. FDOT Design Standards Index No. 400 sheet no. 13 last revision dated 7/01/07. 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 II Unit Prices [Z Lump Sum x Other:Work Price Quote 0 By Change Order: Estimated increase of Work Change Directive: $10,380.00 from force account added to work If the change involves an increase, the estimated amount is not to be exceeded without further authorization. II Contractor's Records 0 Engineer's Records L1 Other: II By Change Order: Estimated increase in Contract Times: 0 Substantial Completion: 599 Ready for Final Completion: 629 If the change involves an increase, the estimated time is not to be exceeded without further authorization. ACCEPTED:As By: Alf n.O v I RECOMMENDED: By: . LLcLQ A ROV D: By: CONT' , CTOR (Signature) uGlf / 305 CP 1A) Date: 7.I7l jq ENGINEER (Signature) Date: 2- /711 `t •WNER (2u - / Date: 2-47 /'/ F:\Public Works\ENGINEERING DIVISION PROJECTS\9810B-66th Ave Ph 2 4th St to 1 6th StAdmim\Work Change Directives19920 - Work Change Directive i19.doc 399 Donald Keith From: Kevin Trost [Kevin@guettlerconstruction.comj Sent: Tuesday, February 04, 2014 11:23 AM To: Donald Keith Subject: 66th Avenue - Guardrail Attachment To Bridge Don As per our field meeting this morning, we will be attaching to the bridge using Index 400, Detail J. The cost will be: 4 each at $2595 total of $10,380. Kevin This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited 400 E SECTION GG SECTION E N EE c fn o For Double Face Guardrail Connections To Median Bridge Traffic Railing Barrier, See Index No. 410, 'Guardrail Connection To Concrete Barrier Wall Approach Ends'. 0 0 ,_ 0o W E E °c c N k E E 14. e 0 SECTION CC l V 'WI a1 M N x M .lex e h Q APPLICATIONS Single Face Guardrail Double Face Guardrail With Timber Posts Double Face Guardrail With Steel Potts ZZ 46 IlUniem a: m "LI '[t 4 Q TRANSITION GUARDRAIL APPROACH E TRAFFIC RAILING BARRIERS FDOT DESIGN STANDARDS 0 N 0 NOISIA3N 0 O �o \ � � o sw \ .aoxroo.amr-omro.�..o•.n+a..w.+nrw/owwo wassw uv muni 110Z/Oral 401 SECTION 00948 - Work Change Directive No. 10 DATE OF ISSUANCE: 2/24/2014 EFFECTIVE DATE: 2/24/2014 OWNER: Indian River County CONTRACTOR: Guettler Brothers Construction, LLC Bid No: 2012302 Project: 66th Avenue Roadway Improvements — Phase 2 (4th Street to 16th Street) OWNER's Contract No. 2012032 ENGINEER's Contract No. 9810-B ENGINEER: Indian River County You are directed to proceed promptly with the following changes: Description: Furnish and install nine (9) ET -2000 LET guardrail end anchorage assemblies conforming to Section 536 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (2010). Purpose of Work Change Directive: To provide approach end guardrail anchorage for shoulder guardrail located parallel to traffic. Attach ments: 66th Avenue LET Pricing e-mail from Kevin Trost dated 2/18/2014. FDOT ET -2000 LET QPL No. S536-0204 revision dated 2/04/10. 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 n Unit Prices .11 Lump Sum x Other:Work Price Quote n By Change Order: Estimated increase of Work Change Directive: $28,462.50 from force account added to work If the change involves an increase, the estimated amount is not to be exceeded without further authorization. [� Contractor's Records 0 Engineer's Records n Other: Q By Change Order: Estimated increase in Contract Times: 0 Substantial Completion: 599 Ready for Final Completion: 629 If the change involves an increase, the estimated time is not to be exceeded without further authorization. ACCEPTED: RECOMMENDED: By:4/. G ��1 ":4,10. By: / BY: CONTRACTOR (Signature) Date: ZIZ0411 ENGINEER (Signature) Date: Z/Z 61/45L �'OWNE;, ig . ure) / Date: a2 -a2 - j" F:Tublic Works ENGINEERING DIVISION PROJECTS \9810B -66th Ave Ph 2 4th St to 16th StAAdmim\Work Change Directives\9920 - Work Change Directive k 10.doc 402 Page 1 of 1 Donald Keith From: Kevin Trost [Kevin@guettlerconstruction.com] Sent: Tuesday, February 18, 2014 12:19 PM To: Donald Keith Subject: 66th Avenue LET Pricing Don The price for the LET end treatment will be: 9 each x $3162.50 = $28,462.50. Kevin This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. 403 2/24/2014 SECTION 00948 - Work Change Directive No. 11 DATE OF ISSUANCE: 6/24/2014 EFFECTIVE DATE: 6/24/2014 OWNER: Indian River County CONTRACTOR: Guettler Brothers Construction, LLC Bid No: 2012302 Project: 66th Avenue Roadway Improvements — Phase 2 (4th Street to 16th Street) OWNER's Contract No. 2012032 ENGINEER's Contract No. 9810-B ENGINEER: Indian River County You are directed to proceed promptly with the following changes: Description: Furnish and install one oak tree and thirty wax myrtles together with the removal and replacement of a 6' wooden fence. Provide a below grade drainage connection at structure S-506 and a weir addition to structure S-121, elevation to be determined in the field to accommodate existing drainage. Purpose of Work Change Directive: To replace a landscape buffer removed during clearing I.R.F.W.C.D. Canal B-4 and drainage revisions for two yard drains. Attachments: 66th Avenue Bragg Pricing e-mail from Kevin Trost dated 6/20/2014. 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 0 Unit Prices II Lump Sum x Other:Work Price Quote 0 By Change Order: Estimated increase of Work Change Directive: $9,738.71 from force account added to work If the change involves an increase, the estimated amount is not to be exceeded without further authorization. 0 Contractor's Records 0 Engineer's Records II Other. II By Change Order: Estimated increase in Contract Times: 0 Substantial Completion: 599 Ready for Final Completion: 629 If the change involves an increase, the estimated time is not to be exceeded without further authorization. ACCEPTED:/� By. � ��0 7 RECOMMENDED: By: f1.tu ;��c` ROWED. By. `' ?'v C_%J'•'OR (Signa) Date: 6, Zr--/4- ENGINEER (Signature) Date: 672 /77 ER ( '/' atl{e) Date: ‘-0,27--/7/ F:\Public Works\ENGINEERING DIVISION PROJECTS \9810B -66th Ave Ph 2 4th St to 16th StMAdmim\Work Change Directives\9920 - Work Change Directive *11.doc 405 Item GUETTLER BROTHERS CONSTRUCTION 4401 WHITE WAY DAIRY ROAD FT PIERCE FL 34979 66th Avenue Bragg Property Revised Quote 6/20/14 Quantity Unit Price Total Mobilization Oak Trees Wax Myrtles, 3' Ht. Bahia Sod 6' Wooden Fence, Remove/Replace 4" PVC Remove/Lower & Bore Hole Exist Yard Drain Yard Drain NE Corner66th & 4th Cut Weir, Grade Swale, Sod 1 1 30 135 70 1 1 _ LS EA EA SY LF LS LS $500.00 $312.46 $40.25 $1.25 $25.00 $3,200.00 $2,600.00 $500.00 $312.46 $1,207.50 $168.75 $1,750.00 $3,200.00 $2,600.00 Totals $9,738.71 Prices are valid for 14 days. 3fetun" gutot fr't .Ben q'uetteex Ben Guettler June 20, 2014 Date Signed 406 Page 1 of 1 Donald Keith From: Kevin Trost [Kevin@guettlerconstruction.com] Sent: Monday, June 23, 2014 2:14 PM To: Donald Keith; Deward Howard Cc: Matt Guettler Attachments: BRAGG REVISED WORK.pdf; PayApp #26.xls Don, Dee Please see the attached last revision of pay app 26 and change order 3. Don, I will be in Vero tomorrow to look at 66th and Diamond Court if we need to review. Kevin This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. 6/24/2014 GUETTLER BROTHERS CONSTRUCTION 4401 Whiteway Dairy Road Fort Pierce FL 34947 (772) 461-8345 phone (772) 461-8039 fax August 5, 2014 Mike Nixon, P.E. Roadway Production Manager Indian River County Engineering Division 1801 27th Street Vero Beach FL 32960 RE: 66th Avenue Roadway Improvements Time Extension Request Dear Mr. Nixon, Guettler Brothers Construction would like to request a time extension of 164 days until August 5, 2014. This extension is necessary to resolve the fence reinstallation compensation, fence relocation, Kahle/Tierney landscaping, survey as -built review and submission and the final inspection and the additional work on the Bragg property. We appreciate you working with us and look forward to closing out this project. Sincerely, Ben Guettler 408 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONSENT TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora P.E., Public Works Director` FROM: Christopher J. Kafer, Jr., P.E. County Engineer' SUBJECT: Change Order No. 1 66th Avenue Roadway Improvements (S.R. 60 to North of 49th Street) IRC Project No. 0545 & 0370 - Bid No. 2013008 DATE: August 19, 2014 DESCRIPTION AND CONDITIONS The Board of County Commissioners awarded the bid for 66th Avenue Roadway Improvements (S.R. 60 to North of 49th Street) on December 18, 2012 to Dickerson Florida, Inc., in the amount of $20,773,389.09. The proposed improvements to 66th Avenue from south of S.R. 60 to north of 49th Street consist of widening and reconstruction of the roadway to a 4 -lane divided roadway section within the project limits. Curb and gutter and a raised median are being provided, as well as an eight -foot wide concrete sidewalk on the west side of the roadway. The existing bridges at (5) five intersecting side streets have been removed and replaced. The side streets on the east and west of the intersection approaches are being widened and reconstructed to a three lane roadway section. Also included are storm water drainage improvement, pavement markings, traffic signals and landscape improvements. Change Order No. 1 is intended to make adjustments to the contract to include the following items: 1. Settle right-of-way purchase conditions with Hobbs property on 49th Street east of 66th Avenue (purchased after project began) 2. Extended paving of 49th Street to the east to Providence Pointe property line (Providence Pointe to pave 49th Street from their west property line to 58th Avenue) 3. Extensive unsuitable soils required to be removed and replaced (unforeseen) 4. Right-of-way acquisition conditions not included in bid 5. Extend 33rd Street to the west to accommodate future pavement extensions for development (Developer's Agreement forthcoming) 6. Landscaping and irrigation additions and modifications 7. Asphalt overbuild quantity for 26th Street intersection under estimated 8. Miscellaneous unforeseen conditions required additional work F:\Public Works\ENGINEERING DIVISION PROJECTS\0545-66Th Ave SR60 to 57th St (Arcadis)\Admin\agenda items\66th BCC Agenda -CO No. 1 08-19-2014.doc 409 PAGE TWO Change Order No. 1 BCC Agenda Item from Christopher J. Kafer, Jr., P.E. For BCC Agenda August 19, 2014 Change Order No.1 includes the addition of 171 days to the original contract duration. The additional time is requested to compensate for the additional work (107 days) and rain delays (64 days) as of August 1, 2014. FUNDING Funding is budgeted and available from Optional Sales Tax Fund/Road & Bridge — 66th Avenue (SR60 — 49th Street) Account No. 31521441-066510-06040 in the amount of $485,709.63. RECOMMENDATIONS Staff recommends approval of Change Order No. 1 to Dickerson Florida, INC. increasing the contract amount by $485,709.63, and adding the additional 171 days to the contract time. The new total contract amount will be $21,259,098.72. ATTACHMENTS 1. Change Order No. 1— Section 00942 2. Description of Itemized Changes for Change Order No. 1 DISTRIBUTION 1. Deward Howard, Jr., Construction Coordination Manager 2. Bryan Crain, Senior Engineering Inspector 3. Dickerson Florida, Inc. APPROVED AGENDA ITEM FOR: August 19, 2014 � 4..' BY 4- Indian River Coun A.. Date Administration lilti Dr q Budget ( '" /PQ. (#410-411/11 ( ///l Legal 4 /� ' __It Public Works°" S/�2/(� Engineering ,--,r - !JJi !_ F:\Public Works\ENGINEERING DIVISION PROJECTS\0545-66Th Ave SR60 to 57th St (Arcadis)\Admin\agenda items\66th BCC Agenda -CO No. 1 08-19-2014.doc 410 SECTION 00942 - Change Order Form No. 1 DATE OF ISSUANCE: August 19, 2014 EFFECTIVE DATE: August 19, 2014 OWNER: Indian River County CONTRACTOR Dickerson Florida, INC. Bid No. 2013008 Project: 66th Avenue Roadway Improvements (S. R. 60 to North of 49th Street) OWNER's Project No. 0545 & 0370 ENGINEER Indian River County You are directed to make the following changes in the Contract Documents Description: To make adjustments to bid pay items and address time extensions necessary to complete the project. Reason for Change Order: Additional improvements to 33rd street west of 66th Avenue, additional improvements to 49th street east of 66th Avenue, landscape and irrigation modifications, 33nd,45'h and 49th Street underdrain modifications, miscellaneous drainage modifications, and other miscellaneous unforeseen modifications. Attachments: (List documents supporting change) Itemized Bid Schedule CHANGE IN CONTRACT PRICE: Description _._ ~`— Amount Original Contract Price $20.773,389.09 Substantial Completion: Net increase (decrease) of this Change Order: $485,709.63 500 (6/30/2014) Contract Price with all approved Change Orders: $21.259,098.72 `. Change Order. ACCEPTED: By��rrG ^ / A CO ' RACTO' S •nature) Date: • f Y� RE OMME CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days) (dates) Substantial Completion: 470 (5/31/2014) Final Completion: 500 (6/30/2014) Net increase (decrease) this Change Order. (days) Substantial Completion: 171 Final Com .letion: 171 Contract Time with all approved Change Orders: (days) (dates) Substantial Completion: 641 (11/21/2014) Final Completion: 671 {i, 014) G A By: -ENGINEER ignature Date: " - 00942 - 1 F,%PuoocWorkstENGINEERINGDMSIONPROJECTSIDS45'OGThJW.SNS3M57V'9SMwdro A mYAChwr9sOrdonN00942-ChinosOra(FarCO1 doeIter O&M APPROVED: By: OWNER (Signature) Date: 00942 - Change Order Form CO 1 411 66th Street Roadway Improvements IRC No. 0545 0370 CHANGE ORDER No. 1 Description of Itemized Changes August 19, 2013 Item No. Description of Change Quantity Unit Unit Price Price Increase Price Decrease Work Directives PROJECT 0545B STA 115+68.03 to STA 129+00 WORK DIRECTIVE NO. 9 VISTA PLAZA DUMPSTER & SIGN RELOATE 1 LS $ 12,995.00 $ 12,995.00 SUB -TOTAL $ 12,995.00 PROJECT 0545B STA 129+00 TO STA 219+40 WORK DIRECTIVE NO. 1 GATE INSTALLED STA 407+00 1 LS 989.00 $ 989.00 WORK DIRECTIVE NO. 2 PLUGGING 6" WATER WELL (DEPTH UNKNOWN) 1 LS 2,200.00 $ 2,200.00 WORK DIRECTIVE NO. 3 MOVE (38) PALMS TO 26TH STREET 1 LS 5,750.00 $ 5,750.00 WORK DIRECTIVE NO. 4 26TH ST CONCRETE COLLAR 3 LS 1,725.00 $ 5,175.00 WORK DIRECTIVE NO. 5 CUTTING WEIR IN EX DRAINAGE STRUCTURE 4 EA 805.00 $ 3,220.00 WORK DIRECTIVE NO. 7 BAFFLES - SKIMMERS S-206 & S-212 2 EA 805.00 $ 1,610.00 WORK DIRECTIVE NO. 10 CLEARING & FENCE VISTA PROP 26TH ST 1 LS 6,483.50 $ 6,483.50 ' WORK DIRECTIVE NO. 31 DRILL SHAFT ISSUES (D & E) 1 LS 13,606.83 $ 13,606.83 WORK DIRECTIVE NO. 1A NEW FIELD FENCING 240 LF 9.20 $ 2,208.00 WORK DIRECTIVE NO. 5A WELL REPAIR TICKET 3186 1 LS 2,491.90 $ 2,491.90 120-6 EMBANKMENT, COMPACTED IN PLACE 26,491 CY 5.00 $ 132,455.00 334-1-13D SP ASPH CONCR (TRAFF C) (SP -9.5) 740.88 TN 100.00 $ 74,088.00 550-102-18 FENCING RELOCATE EXISTING 2,681.00 LF 8.25 $ 22,118.25 SUB -TOTAL $ 272,395.48 41ST STREET STA 219+40 TO 245+90 WORK DIRECTIVE NO. 6 MOVE PALM & 2 PALMS (OFFICE SITE) 1 LS 1,322.50 $ 1,322.50 WORK DIRECTIVE NO. 3A ADDITIONAL MANHOLE INVERTS & PIPE DESILTING 1 LS 10,309.75 $ 10,309.75 SUB -TOTAL $ 11,632.25 PROJECT 0545C STA 245+90 TO STA 303+00 WORK DIRECTIVE NO. 5 CUTTING WEIR IN EX DRAINAGE STRUCTURE S-712 1 LS 805.00 $ 805.00 WORK DIRECTIVE NO. 8 PALM TREE RELOCATION (TRANSPLANT) 99 EA 166.75 $ 16,508.25 WORK DIRECTIVE NO. 8 PALM TREE RELOCATION (BRACING) 99 EA 40.25 $ 3,984.75 WORK DIRECTIVE NO. 25 84" PIPE EXTENSION 45TH STREET 1 LS 24,320.00 $ 24,320.00 7 WORK DIRECTIVE NO. 34 POND 7 SWALE MODIFICATION 1 LS 22,204.00 $ 22,204.00 F:\Public Works\ENGINEERING DIVISION PROJECTS\0545-66Th Ave SR60 to 57th St (Arcadis)Wdmin\Chance Orders\Chance Order Fonn No 1 66th 8-19-14 Pane 1 66th Street Roadway Improvements IRC No. 0545 0370 CHANGE ORDER No. 1 Description of Itemized Changes August 19, 2013 Item No. Description of Change Quantity Unit Unit Price Price Increase Price Decrease WORK DIRECTIVE NO. 35 WINKEL SOUTH DRAINAGE OUTFALL 1 LS 8,258.00 $ 8,258.00 WORK DIRECTIVE NO. 36 WINKEL PURCHASE & SALE AGREEMENT REVISION 1 LS 59,737.90 $ 59,737.90 570-1-1 PERF TURF SOD ARGINTINE BAHIA INCL TOP SOIL FERTILIZER & WATER 35,246 SY 1.50 $ 52,869.00 SUB -TOTAL $ 188,686.90 TOTAL CHANGE ORDER NO. 1 $ 485,709.63 - Time Added - Rain days - 64 Days Time added - Approved Work Directives -107 Days Total time added to contract 171 Days F:\Public Works\ENGINEERING DIVISION PROJECTS 0545 -66Th Ave SR60 to 57th St (Arcadia)\Admin\Change Orders\Change Order Form No 1 66th 8-19-14 Page 2 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONSENT TO: THROUGH: FROM: SUBJECT: Joseph A. Baird, County Administrator Christopher R. Mora, P.E., Public Works Director ceV\i\-... ,, Christopher J. Kafer, Jr., P.E., County Engine Work Order No. 3 - Bridge Design Associates, Inc. - RELEASE OF RETAINAGE 13th Street S.W. Bridge over the IRFWCD Sub -Lateral B-8 Canal (58th Avenue) IRC Project No. 0530 DATE: August 7, 2014 DESCRIPTION AND CONDITIONS On December 10, 2013, the Board County Commissioners approved Work Order No. 3 with Bridge Design Associates, Inc. for design of a three -lane bridge on 13th Street S.W. over the Sub -Lateral B-8 Canal (58th Avenue) in the amount of $24,565.00 and construction phase services in the amount of $29,100.00 for a total lump sum of $53,685.00. Bridge Design Associates, Inc. has completed the design for the bridge and has been paid $22,108.50, with $2,210.85 held in retainage. Bridge Design Associates, Inc. has submitted Invoice No. 06-624-4A dated August 4, 2014 in the amount of $2,210.85 for release of the design retainage. FUNDING Funds are budgeted and available from Secondary Roads/13th Street, SW/43rd Avenue to 58th Avenue Retainage Account No. 109-206000-03024 in the amount of $2,210.85. RECOMMENDATION Staff recommends release of retainage to Bridge Design Associates, Inc. for the completed design services and payment of Invoice No. 06-624/4A, dated August 4, 2014 in the amount of $2,210.85. ATTACHMENTS Bridge Design Associates, Inc. Invoice No. 06-624/4A dated 8/4/2014 DISTRIBUTION Bridge Design Associates, Inc. APPROVED AGENDA ITEM FOR Au_ust 19 2014 BYI .r ' ' Mi0_,u0 Indian River County Approved Date Administration Q �1 � 117 U J1 Budget g�� Legal r �y Public Works C/' ' _ V/ot[ ' y Engineering'_y r.; ?':'-'> - / V F:\Public Works\ENGINEERING DIVISION PROJECTS\0530B 13th Street SW at 58th Ave Bridge\Admin\agenda items\BCC Agenda for BDA WO 3 Release of Retainage.doc I 414 BRIDGE DESIGN ASSOCIATES, INC. CONSULTING ENGINEERS Invoice Bill To Indian River County 1800 27th Street Vero Beach, Florida 32960 Attn: Christopher Kafer, P.E. BRIAN C. RHEAULT, P.E. President Ree,/ oven,4A: : ice; i VE Date Invoice # 8/4/2014 06-624/4A Description Amount FOR ENGINEERING SERVICES ON: 13TH STREET S.W. OVER SUBLATERAL B-8 CANAL (58TH AVENUE) WORK ORDER #3 Design Contract Amount: $24,565.00 100% Complete: $24,565.00 -10% Retainage: $2,456.50 Fees Earned Less Retainage: $22,108.50 Previous Payments: $19,897.65 AMOUNT DUE: $2,210.85 Balance: $0.00 2/ 2,210.85 Please Mail All Correspondence To The Address Below Total $2,210.85 1402 Royal Palm Beach Boulevard • Building 200 • Royal Palm Beach, Florida 33411 (561) 686-3660 • Fax: (561) 791-1995 415 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM 3-i TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director FROM: Christopher J. Kafer, Jr., P.E., County Engine6r' SUBJECT: FDOT Local Agency Program (LAP) Agreement and Resolution Authorizing the Chairman's Signature Old Dixie Highway Sidewalk from 38th Lane to 45th Street IRC Project No. 0845B - FM No. 423186-2-58-01 DATE: August 7, 2014 DESCRIPTION AND CONDITIONS Indian River County has been awarded a $171,517.00 Florida Department of Transportation (FDOT) Local Agency Program (LAP) Grant for construction of a 5 -foot sidewalk along the east side of Old Dixie Highway between 38th Lane and 45th Street. FUNDING The federal funds appropriated for this FDOT LAP grant are in the amount of $171,517.00. The Engineering Division estimates the total cost for the construction to be approximately $171,517.00. Funding is budgeted and available from Secondary Roads Gas Tax Account No. 10921441-066510-14002, Old Dixie Highway Sidewalk, 38th Lane — 45th Street. No matching funds are required for this grant. RECOMMENDATION Staff recommends approval of the Local Agency Program (LAP) Agreement FM No. 423186-2-58-01 recommends adopting the Resolution and authorizing the Chairman to sign the Agreement. ATTACHMENTS 1. Authorizing Resolution 2. FDOT Local Agency Program (LAP) Agreement No. 423186-2-58-01 3. IRC Grant Form DISTRIBUTION Michael Nixon, PE, Roadway Production Manager APPROVED AGENDA ITEM FOR August 19. 2014 Indian River County Approved Date Administration to U pv ,v Budget 7/, -- Legal %G r F5(2__- py/ Rimer u Public Works cliNd. g/"L//V Engineering/. -j' ;t - -" F:\PUBLIC WORKS\ENGINEERING DIVISION PROJECTS\0845B - OLD DIXIE HWY SIDEWALK (38TH LN - 45TH ST)\ADMI, AGENDA ITEMS\BCC FDOT 416 CO LAP AGREEMENT AND RESOLUTION MEMO 08-07-2014.DOC GRANT NAME: FDOT LAP Old Dixie Hwy 38th Lane to 45th Street GRANT # 423186-2-58-01 AMOUNT OF GRANT: $171,517.00 DEPARTMENT RECEIVING GRANT: Public Works CONTACT PERSON: Christopher J. Kafer, Jr., P.E. County Engineer TELEPHONE: (772) 226-1221 1. How long is the grant for? Until December 31, 2016 Starting Date: Letting Date prior to 3/31/15 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? Yes X No If yes, does the grant allow the match to be In -Kind services? Yes No 4. Percentage of match to grant N/A % 5. Grant match amount required 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? 7. Does the grant cover capital costs or start-up costs? Yes X No If no, how much do you think will be needed in capital costs or start-up costs: $ N/A (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? If yes, please list. (If additional space is needed, please attach a schedule.) Yes X No Acct. Description Position Position Position Position Position 011.12 Regular Salaries $ 171,517.00 Second Year $ $ $ 011.13 Other Salaries & Wages (PT) $ $ $ $ Fourth Year 012.11 Social Security $ $ Fifth Year $ f ; / 012.12 Retirement — Contributions 012.13 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years $ (1 Signature of Prepares: i Date: 7 417 Grant Amount Other Match Costs Not Covered Match Total First Year $ 171,517.00 $ $ $ 171,517.00 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year ,$---, $ , $ $ Fifth Year $ f ; / $ $ Signature of Prepares: i Date: 7 417 RESOLUTION NO. 2014 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION AUTHORIZING THE CHAIRMAN'S EXECUTION OF A LOCAL AGENCY PROGRAM AGREEMENT FOR CONSTRUCTION OF A 5 -FOOT SIDEWALK ALONG THE EAST SIDE OF OLD DIXIE HIGHWAY FROM 38th LANE TO 45TH STREET. WHEREAS, the construction of the sidewalk along the east side of Old Dixie Highway from 38th Lane to 45th Street is an Indian River County priority project; and WHEREAS, the Florida Department of Transportation (FDOT) is prepared to provide funds to pay a portion of the cost for construction of a 5 -foot sidewalk along the east side of Old Dixie Highway from 38th Lane to 45th Street under the Local Agency Program (LAP); and WHEREAS, the State of Florida, Department of Transportation, has requested Indian River County execute and deliver to the State of Florida, Department of Transportation, a Local Agency Program Agreement for the aforementioned project; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to make, execute, and deliver to the State of Florida, Department of Transportation, a Local Agency Program Agreement for the aforementioned project. The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice -Chairman Wesley S. Davis Commissioner Tim Zorc Commissioner Joseph E. Flescher Commissioner Bob Solari The Chairman thereupon declared the resolution passed and adopted this day of , 2014. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk gas to 7rm n L I Sufficiency 4,. Dylan Reingol1, County Attorney BOARD OF COUNTY COMMISSSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Peter D. O'Bryan, Chairman 418 F:\Public Works\ENGINEERING DIVISION PROJECTS\0845B - Old Dixie Hwy Sidewalk (38th Ln - 45th St)\Admim\agenda items \Resolution LAP Agreement 08-07-14.doc STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010.40 PRODUCTION SUPPORT OGC- 04714 Page 1 FPN: 423186-2-58/68-01 Fund: SR2S Federal No: SRTS-337-A Org Code: 55043010404 FPN: Fund: Federal No: Org Code: FPN: Fund: Federal No: Org Code: FPN: Fund: Federal No: Org Code: County No:88 Contract No: FLAIR Approp: FLAIR Obj: FLAIR Approp: FLAIR Obj: FLAIR Approp: FLAIR Obj: FLAIR Approp: FLAIR Obj: Vendor No: F-596000673026 Data Universal Number System (DUNS) No: 80-939-7102 Local Agency DUNS No: 079208989 Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the Department, and Indian River County hereinafter called the Agency. WITNESSETH: WHEREAS, the Agency has the authority to enter into this Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under Section 339.12, Florida Statutes, to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in Old Dixie Highway from 38th Lane to 45th Street and as further described in Exhibit "A" attached hereto and by this reference made a part hereof, hereinafter called the "Project," and to provide Department financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the Project will be undertaken and completed. 1.01 Attachments: Exhibit(s) A, B, X, and 1 are attached and made a part hereof. 2.01 General Requirements: The Agency shall complete the Project as described in Exhibit "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. The Project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's Local Agency Program Manual which by this reference is made a part hereof as if fully set forth herein. Time is of the essence as to each and every obligation under this Agreement. A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of this Agreement shall be in charge of the Project. Inactivity and Removal of Any Unbilled Funds Once the Department issues a Notice to Proceed (NTP) for the Project, the Agency shall be obligated to submit an invoice or other request for reimbursement to the Department for all work completed for the Project no less frequently than on a quarterly basis, beginning from the day the NTP is issued. If the Agency fails to submit quarterly (or more frequently than quarterly) invoices to the Department as required herein and in the event said failure to timely submit invoices to the Department results in FHWA removing any unbilled funding or in the loss of State appropriation authority (which may include the loss of state and Federal funds, if there are state funds programmed to the Project), then the Agency will be solely responsible to provide all funds necessary to complete the Project and the Department will not be obligated to provide any additional funding for the Project. The Agency waives the right to contest such removal of funds by the Department, if the removal is related to FHWA's withdrawal of funds or if the removal is related to the loss of State appropriation authority. In addition to the loss of funding for the Project, the Department will also consider the de- certification of the Agency for future LAP Projects. 419 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT Removal of All Funds 525-010-40 PRODUCTION SUPPORT OGC- 04/14 Page 2 If all funds are removed from the Project, including amounts previously billed to the Department and reimbursed to the Agency, and the Project is off the state highway system, then the department will have to request repayment for the previously billed amounts from the Agency. No state funds can be used on off -system projects. 2.02 Expiration of Agreement: The Agency agrees to complete the Project on or before December 31, 2016. If the Agency does not complete the Project within this time period, this Agreement will expire on the last day of the scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The cost of any work performed after the expiration date of this Agreement will not be reimbursed by the Department. 2.03 Pursuant to Federal, State, and Local Laws: In the event that any election, referendum, approval, permit, notice or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the Project hereunder or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.04 Agency Funds: The Agency shall initiate and prosecute to completion all proceedings necessary, including federal -aid requirements, to enable the Agency to provide the necessary funds for completion of the Project. 2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department and the Federal Highway Administration (FHWA) may require. The Agency shall use the Department's Local Agency Program Information Tool and applicable information systems as required. 3.00 Project Cost: 3.01 Total Cost: The total cost of the Project is $ 171,517.00. This amount is based upon the schedule of funding in Exhibit "B." The Agency agrees to bear all expenses in excess of the total cost of the Project and any deficits involved. The schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00. 3.02 Department Participation: The Department agrees to participate in the Project cost to the extent provided in Exhibit "B." This amount includes federal -aid funds which are limited to the actual amount of federal -aid participation. 3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date of this Agreement. It is understood that Department participation in eligible Project costs is subject to: a) Legislative approval of the Department's appropriation request in the work program year that the Project is scheduled to be committed; b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement; c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; and d) Department approval of the Project scope and budget at the time appropriation authority becomes available. 3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. 3.05 Multi -Year Commitment In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: 420 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PRODUCTION SUPPORT OGC- 04114 Page 3 "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." 3.06 Notice -to -Proceed: No cost may be incurred under this Agreement until the Agency has received a written Notice - to -Proceed (NTP) from the Department. The Agency agrees to advertise or put the Project out to bid thirty (30) days from the date the Department issues the NTP to advertise the Project. If the Agency is not able to meet the scheduled advertisement, the District LAP Administrator should be notified as soon as possible. 3.07 Limits on Federal Participation: Federal -aid funds shall not participate in any cost which is not incurred in conformity with applicable Federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49 C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the Project or part thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not eligible, federal participation may be approved in the amount determined to be adequately supported and the Department shall notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation. Where correctable non-compliance with provisions of law or FHWA requirements exists, Federal funds may be withheld until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation in parcel or Project costs in part or in total. For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment, the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice. 4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a Project schedule of funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry out the Project, and shall incur obligations against and make disbursements of Project funds only in conformity with the latest approved schedule of funding for the Project. The schedule of funding may be revised by mutual written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded to the Department's Comptroller and to the Department's Federal -aid Program Office. No increase or decrease shall be effective unless it complies with fund participation requirements of this Agreement and is approved by the Department's Comptroller. 5.00 Records: 5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for 5 years after the final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the Project records, together with supporting documents and records of the Agency and all subcontractors performing work on the Project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit of costs. If any litigation, claim or audit is started before the expiration of the 5 -year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 5.02 Costs Incurred for Project: The Agency shall charge to the Project account all eligible costs of the Project except costs agreed to be borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed funding or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 5.03 Documentation of Project Costs: All costs charged to the Project, including any approved services contributed by .,.. the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. 421 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PRODUCTION SUPPORT OGC— 04/14 Page 4 5.04 Audit Reports: Recipients of federal and state funds are to have audits done annually using the following criteria: The administration of resources awarded by the Department to the Agency may be subject to audits and/or monitoring by the Department, as described in this section. Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, Florida Statutes, as revised (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Department's Office of Inspector- General (OIG), and the Chief Financial Officer (CFO) or Auditor General. Audits Part I - Federally Funded: Recipients of federal funds (i.e., state, local government or non-profit organizations as defined in OMB Circular A-133, as revised) are to have audits done annually using the following criteria: 1. In the event that the recipient expends $500,000 or more in federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Exhibit "1" of this Agreement indicates federal resources awarded through the Department by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department. The determination of amounts of federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1 the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than federal entities). 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Part II - State Funded: Recipients of state funds (i.e., a non -state entity as defined by Section 215.97(2) (I), Florida Statutes) are to have audits done annually using the following criteria: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a state single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes, applicable rules of the Executive Office of the Governor and the CFO, and Chapters 10.550 (local govemmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit "1" to this Agreement indicates state financial assistance awarded through the Department by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other non -state entities. State financial assistance does not include federal direct or pass-through awards and resources received by a non -state entity for federal program matching requirements. 2. In connection with the audit requirements addressed in Part 11, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2) (d), Florida Statutes, and Chapters 10.550 (local govemmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 422 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PRODUCTION SUPPORT OGC— 04/14 Page 5 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient elects to have audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. Part III - Other Audit Requirements: The recipient shall follow up and take corrective action on audit findings. Preparation of a Summary Schedule of Prior Year Audit Findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is completed or the dispute is resolved. Access to Project records and audit work papers shall be given to the Department, the Department of Financial Services, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Part IV - Report Submission: 1. Copies of financial reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by Part I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A- 133, as revised, by or on behalf of the recipient directly to each of the following: a) The Department at each of the following address(es): Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAuditdot.state.fl.us b) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 101I' Street Jeffersonville, IN 47132 c) Other federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. In the event that a copy of the financial reporting package required by Part I of this Agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons pursuant to Section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited Schedule of Expenditures of Federal Awards directly to each of the following: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAudit(c�dot.state.fl.us 423 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PRODUCTION SUPPORT OGC— 04/14 Page In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the financial reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any Management Letters issued by the auditor, to the Department at each of the following addresses: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAudit(c�dot.state.fl.us 3. Copies of the financial reporting package required by Part II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: a) The Department at each of the following address(es): Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAudit(a dot.state.fl.us b) The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the Management Letter required by Part III of this Agreement shall be submitted by or on behalf of the recipient directly to: a) The Department at each of the following address(es): Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAudit andot.state.fl.us 5. Any reports, Management Letters, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted in a timely manner in accordance with OMB Circular A-133, as revised, Florida Statutes, and Chapters 10.550 (local govemmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133, as revised, or Chapters 10.550 (local govemmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General, should indicate the date that the financial reporting package was delivered to the recipient in correspondence accompanying the financial reporting package. Part V - Record Retention: The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least 5 years from the date the audit report is issued and shall allow the Department or its designee, the state CFO or Auditor General access to such records upon request. The recipient shall ensure that the independent audit documentation is made available to the Department, or its designee, the state CFO or Auditor General upon request for a period of at least 5 years from the date the audit report is issued, unless extended in writing by the Department. 424 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PRODUCTION SUPPORT OGC— 04114 Page 7 5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives and authorized agents of FHWA to inspect all work, workmanship, materials, payrolls, and records and to audit the books, records, and accounts pertaining to the financing and development of the Project. The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub- contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement (Section 287.058(1) (c), Florida Statutes) unless the records are exempt. 5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right- of-way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be submitted to the Department no later than October 15 of each year. 6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses incurred shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof (Section 287.058(1)(a), Florida Statutes). All recipients of funds from this Agreement, including those contracted by the Agency, must submit bills for any travel expenses, when authorized by the terms of this Agreement, in accordance with Section 112.061, Florida Statutes, and Chapter 3 -Travel" of the Department's Disbursement Operations Manual, Topic 350-030-400 (Section 287.058(1)(b), Florida Statutes). If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. 7.00 Department Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the Project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment if: 7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof or in or with respect to any document of data fumished therewith or pursuant hereto; 7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the Project, the Agreement or payments to the Project; 7.03 Approval by Department: The Agency shall have taken any action pertaining to the Project which, under this Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations without having been advised by the Department that same are approved; 7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained here in paragraph 12.07. 7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the Project which the FHWA, or the Department acting in lieu of FHWA, may designate as ineligible for federal -aid. 7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all Projects costs incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit "B" for the Project, costs agreed to be bome by the Agency or its contractors and subcontractors for not meeting the Project 425 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PRODUCTION SUPPORT OGC— 04/14 Page 8 commencement and final invoice time Tines, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 7.08 Final Invoices: The Agency must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120 -day time period may not be paid. 8.00 Termination or Suspension of Project: 8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected or the Department may terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. (a) If the Department determines that the performance of the Agency is not satisfactory, the Department shall notify the Agency of the deficiency in writing with a requirement that the deficiency be corrected within thirty (30) days of such notice. Such notice shall provide reasonable specificity to the Agency of the deficiency that requires correction. If the deficiency is not corrected within such time period, the Department may either (1) immediately terminate the Agreement as set forth in paragraph 8.(b) below, or (2) take whatever action is deemed appropriate by the Department to correct the deficiency. In the event the Department chooses to take action and not terminate the Agreement, the Agency shall, upon demand, promptly reimburse the Department for any and all costs and expenses incurred by the Department in correcting the deficiency. (b) If the Department terminates the Agreement, the Department shall notify the Agency of such termination in writing, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. (c) If the Agreement is terminated before the Project is completed, the Agency shall be paid only for the percentage of the Project satisfactorily performed for which costs can be substantiated. Such payment, however, shall not exceed the equivalent percentage of the contract price. All work in progress will become the property of the Department and will be tumed over promptly by the Agency. 8.02 Action Subsequent to Notice -of -Termination or Suspension: Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, Project activities and contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of which the financing is to be computed; (b) fumish a statement of the Project activities and contracts and other undertakings the cost of which are otherwise includable as Project costs. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and cost as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to fumish the schedule, plan, and estimate within a reasonable time. The closing out of federal financial participation in the Project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.00 Contracts of Agency: 9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments thereto, with any third party with respect to the Project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with the Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the consultant selection process for all projects. In all cases, the Agency shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 426 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PRODUCTION SUPPORT OGC— 04114 Page 9 10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. Furthermore, the Agency agrees that: (a) Each financial assistance agreement signed with a US -DOT operating administration (or a primary recipient) must include the following assurance: "The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 C.F.R. Part 26. The recipient shall take all necessary and reasonable steps under 49 C.F.R. Part 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts. The recipient's DBE program, as required by 49 C.F.R. Part 26 and as approved by Department, is incorporated by reference in this Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under 49 C.F.R. Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.)." (b) Each contract signed with a contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: "The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R. Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate." 11.00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local laws and regulations, including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions," in 49 C.F.R. Part 29, when applicable. 11.01 Performance Evaluation: Agencies are evaluated on a project -by -project basis. The evaluations provide information about oversight needs and provide input for the recertification process. Evaluations are submitted to the Agency's Responsible Charge or designee as part of the Project closeout process. The Department provides the evaluation to the Agency no more than 30 days after final acceptance. 11.02 Performance Evaluation Ratings: Each evaluation will result in one of three ratings. A rating of Unsatisfactory Performance means the Agency failed to develop the Project in accordance with applicable federal and state regulations, standards and procedures, required excessive District involvement/oversight, or the Project was brought in-house by the Department. A rating of Satisfactory Performance means the Agency developed the Project in accordance with applicable federal and state regulations, standards and procedures, with minimal District involvement/oversight. A rating of Above Satisfactory Performance means the Agency developed the Project in accordance with applicable federal and state regulations, standards and procedures, without District involvement/oversight. 11.03 Delegation of Authority: The District will determine which functions can be further delegated to Agencies that continuously eam Satisfactory and Above Satisfactory evaluations. 12.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 427 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PRODUCTION SUPPORT OGC— 04/14 Page 10 12.01 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin, disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, age, religion, color, gender, national origin, disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development of operation of the Project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 12.02 Title VI — Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations. 12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by the ADA, the regulations of the Federal govemment issued thereunder, and assurance by the Agency pursuant thereto. 12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not 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. 12.06 Suspension, Revocation, Denial of Qualification or Determination of Contractor Non -Responsibility: An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non -responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. 12.07 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract or arrangement in connection with the Project or any property included or planned to be included in the Project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract or arrangement. The Agency shall insert in all contracts entered into in connection with the Project or any property included or planned to be included in any Project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer or employee of the Agency or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." 428 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PRODUCTION SUPPORT OGC— 04114 Page 11 The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a govemmental agency. 12.08 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or any benefit arising therefrom. 13.00 Miscellaneous Provisions: 13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable environmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable permits. 13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any individual or entity not a party to this Agreement. 13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. 13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the Project. 13.07 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the Project. The Department will review all plans and specifications and will issue to the Agency a written approval with any approved portions of the Project and comments or recommendations covering any remainder of the Project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency a written approval with said remainder of the Project. Failure to obtain this written approval shall be sufficient cause of nonpayment by the Department. The Agency will physically include Form FHWA-1273 in all its contracts and subcontracts. 13.08 Right -of -Way Certification: Upon completion of right-of-way activities on the Project, the Agency must certify compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or solicitation of bids for construction of the Project, including if no right-of-way is required. 13.09 Agency Certification: The Agency will certify in writing, prior to Project closeout that the Project was completed in accordance with applicable plans and specifications, is in place on the Agency's facility, adequate title is in the Agency's name, and the Project is accepted by the Agency as suitable for the intended purpose. 13.10 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 429 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525.010.40 PRODUCTION SUPPORT OGC— 04/14 Page 12 13.11 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original and such counterparts together shall constitute one and the same instrument. 13.12 Restrictions on Lobbying: Federal: The Agency agrees that no federally -appropriated funds have been paid, or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federally -appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this paragraph be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. State: No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a state agency. 13.13 Maintenance: The Agency agrees to maintain any project not on the State Highway System constructed under this Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency ® will ❑ will not maintain the improvements made for their useful life. 13.14 Vendors Rights: Vendors (in this document identified as the Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has 30 working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not available within 40 days after receipt of the invoice and the receipt, inspection, and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3) (b), Florida Statutes, will be due and payable in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless the Agency requests payment. Invoices which have to be returned to the Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at 850-413-5516. 13.15 Reimbursement of Federal Funds: The Agency shall comply with all applicable federal guidelines, procedures, and regulations. If at any time a review conducted by Department and or FHWA reveals that the applicable federal guidelines, procedures, and regulations were not followed by the Agency and FHWA requires reimbursement of the funds, the Agency will be responsible for repayment to the Department of all funds awarded under the terms of this Agreement. 430 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 13.16 E- VERIFY 525-010.40 PRODUCTION SUPPORT OGC— 04/14 Page 13 The Agency: 1. shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by Agency during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 431 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PRODUCTION SUPPORT OGC— 04/14 Page 14 IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. AGENCY Indian River County STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: By: Name: Peter D. D Bryan Name: Gerry O Reilly Title: Chairman Title: Director of Transportation Development Attest: Attest: Title: Title: APPROVED AS TO FOc'; t�N ) LFGAI.. CI,FF Legal Review: /Il MLL.AM K. DE FLAAL DEPUTY COUNTY ATTORNEY See attached Encumbrance Form for date of funding approval by Comptroller. 432 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES 525-010-40 PROJECT MANAGEMENT OFFICE 08/06 Page 15 FPN: 423186-2-58/68-01 This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and Indian River County Dated PROJECT LOCATION: OId Dixie Highway The project is ✓ is not on the National Highway System. The project is ✓ is not on the State Highway System. PROJECT DESCRIPTION OId Dixie Highway from 38th Lane to 45th Street. SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where applicable, the amount of state funding action (receipt and disbursement of funds), any federal or local funding action, and the funding action from any other source with respect to the project. The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate permitting with the Department, and notify the Department prior to commencement of any right-of-way activities. The Agency shall commence the project's activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a) Study to be completed by N/A . (Phase 18 and 28 LAP Agreements) b) Design to be completed by N/A . (Phase 38 LAP Agreements) c) Right -of -Way requirements identified and provided to the Department by N/A (All LAPS requiring R/W) (District will handle all Right of Way activities on LAPS, the date would be set by the necessary timeframe to complete R/W activities. d) Right -of -Way to be certified prior to advertising for Construction. (All Phase 58 LAPS) e) Construction contract to be let by 3/31/15 . (For Phase 58 LAPS). (This date would be prior to the end of the fiscal year that the Phase 58 is programmed in FM) f) Construction to be completed by 12/31/16 . (Phase 58 LAP Agreements) If this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule or the project is subject to the withdrawal of federal funding. This Project is for reimbursement of Construction and CEI only in the year 2014/2015 in the amount of $171,517.00. Upon execution of this agreement by all parties the Department will provide the Agency ONE EXECUTED AGREEMENT and a NOTICE TO PROCEED. The Agency should not start any construction prior to the EXECUTED AGREEMENT and a NOTICE TO PROCEED. The Agency will only be reimbursed for costs incurred after the executed agreement date and prior to the agreement or time extension (if required by a request for a time extension from the Agency) date and fiscal year funding availability. Upon completion of the Project, the Agency is required to notify the Department of the date of completion and final invoicing. The Department may require an onsite inspection with the Agency. SPECIAL CONSIDERATIONS BY DEPARTMENT: 433 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT EXHIBIT "B" SCHEDULE OF FUNDING 525-010-40 PRODUCTION SUPPORT 09111 Page 16 AGENCY NAME & BILLING ADDRESS Indian River County 1801 27th Street. Vero Beach, FL 32960 FPN: 423186-2-58/68-01 PROJECT DESCRIPTION Name: Old Dixie Highway Termini 1: from 38'" Lane to 451° Street Length: 0.855 Miles Length: TYPE OF WORK By Fiscal Year FUNDING (1) TOTAL PROJECT FUNDS (2) AGENCY FUNDS (3) STATE & FEDERAL FUNDS Planning FY: N/A Total Planning Cost Project Development & Environment (PD&E) FY: N/A Total PD&E Cost Design FY: N/A Total Design Cost Right -of -Way FY: N/A Total Right -of -Way Cost Construction FY: 2014-2015 SR2S Total Construction Cost $153,140.00 $153 140.00 $153,140.00 $0.00 5153,140.00 Construction Engineering and Inspection (CEI) FY: 2014-2015 SR2S Total CEI Cost Total Construction and CEI Costs $18,377.00 $0.00 $18.377.00 $18,377.00 $0.00 $18,377.00 $171,517.00 $0.00 $171,517.00 TOTAL. COST OF THE PROJECT S171,517.00 _ $0.00_ $171,517.00 The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after the 1st of July of each fiscal year. The Department will notify the Agency, in writing, when funds are available. 434 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT EXHIBIT "X" PROJECT ESTIMATE AND DISBURSEMENT SCHEDULE FPN: 423186-2-58/68-01 525-010-40 PRODUCTION SUPPORT 09/10 Page 17 This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation (Department) and Indian River County (Agency) Dated SPECIAL CONSIDERATIONS BY AGENCY: The following paragraph replaces Section 4.00 Project Estimate and Disbursement Schedule of the Local Agency Program Agreement executed between the Department and the Indian River County Dated Prior to the execution of this Agreement, a project schedule of funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry out the project, and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by execution of a LAP Supplemental Agreement between the Department and the Agency. The Agency acknowledges and agrees that funding for this project or any American Recovery and Reinvestment Act (ARRA) project may be reduced upon determination of the award amount and execution of a LAP Supplemental Agreement. If a LAP Supplemental Agreement is executed, a copy of the LAP Supplemental should be forwarded to the Department's Federal -Aid Management Office. 435 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT EXHIBIT "1" SINGLE AUDIT ACT Federal Resources Awarded to the Recipient Pursuant to This Agreement Consist of the Following: Federal Agency: Federal Highway Administration CFDA #: 20.205 Highway Planning and Construction Amount: $ 171,517.00 Compliance Requirement: 525-010-40 PRODUCTION SUPPORT 08/06 Page 18 Allowable Activities: To be eligible, most projects must be located on public roads that are not functionally classified as local. The major exceptions are the Highway Bridge Replacement and Rehabilitation Program, which provides assistance for bridges on and off the federal -aid highways, highway safety activities, bicycle and pedestrian projects, transportation enhancement activities, the recreational trails program, and planning, research, development, and technology transfer. Proposed projects meeting these and other planning, design, environmental, safety, etc., requirements can be approved on the basis of state and local priorities within the limit of the funds apportioned or allocated to each state. Allowable Costs: Eligible activities and allowable costs will be determined in accordance with Title 23 and Title 49 C.F.R. and the OMB cost principles applicable to the recipient/sub-recipient. Eligibility: By law, the federal -aid highway program is a federally assisted state program that requires each state to have err,. a suitably equipped and organized transportation department. Therefore, most projects are administered by or through State Departments of Transportation (State DOTs). Projects to be funded under the federal -aid highway program are generally selected by state DOTs or Metropolitan Planning Organizations (MPOs), in cooperation with appropriate local officials, as specified in 23 U.S.C. and implementing regulations. Territorial highway projects are funded in the same manner as other federal -aid highway projects, with the territorial transportation agency functioning in a manner similar to a state DOT. Most Federal Land Highway Program (FLHP) projects are administered by the Federal Highway Administration (FHWA) Office of Federal Lands Highway and its Divisions or by the various Florida Land Management Agencies (FLMAs). Under the FLHP, projects in the Indian Reservation Road (IRR) Program are selected by Tribal Governments and are approved by the Bureau of Indian Affairs (BIA) and the FHWA. Due to recent legislation, Tribal Govemments meeting certain requirements may now administer various IRR projects on behalf of the BIA and FHWA. The Fish and Wildlife Service (FWS) and the National Park Service (NPS) select projects in the Refuge Road and Park Roads and Parkways Programs, respectively. For the Forest Highway Program, the Forest Service, the States and the FHWA jointly select projects. Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to This Agreement Are As Follows: The recipient of Local Agency Program (LAP) funding must comply with the statutory requirements in Sections 112.061, 215.422, 339.12, and 339.135, Florida Statutes, and Title 23 and Title 49, C.F.R. 436 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FEDERAL -AID PROJECT FUNDING REQUEST AGENCY Indian River County FIN NUMBER 423186-2-58/68-01 PROJECT TITLE Old Dixie Highway Termini 1: from 381° Lane to 45th Street WORK PHASE: PLANNING AWARD TYPE: [1 LOCAL DATE 525.010-30 CONSTRUCTION 08/00 Page 1 of 2 FEDERAL -AID PROJECT NUMBER SRTS-337-A STATE JOB NUMBER Length: 0.855 Mile ENVIRONMENTAL LOCAL FORCES TIP PAGE NUMBER DESIGN [I CONSTRUCTION RIGHT OF WAY ENVIRONMENTAL DOCUMENT: Mark the type of environmental document prepared, indicate the approval date, and the most recent reevaluation date. EIS approved on: EA /FONSI approved on: Categorical Exclusion: Programmatic Categorical Exclusion determination on: Type I Categorical Exclusion determination on: 7/8/2014 Type II Categorical Exclusion determination on: Categorical Exclusion Reevaluation on: and reevaluated on: and reevaluated on: PHASE TOTAL ESTIMATED COST (nearest Dollar) LOCAL AGENCY FUNDS (nearest Dollar) STATE FUNDING (nearest Dollar) FEDERAL FUNDS (nearest Dollar) PERCENT FEDERAL FUNDS OBLIGATION Month / DATE Year PLANNING PD&E Bridge Numbers(s) on Project None LOCAL AGENCY CONTACT PERSON Christopher J. Kafer, Jr. TITLE: County Engineer MAILING ADDRESS: 1801 27th Street Vero Beach, FL 32960 PHONE: 772-226-1221 AGENCY Indian River County _ ZIP CODE: 32960 DESIGN Peter D. O' Bryan Approving Authority TITLE: Chairman DATE CONST. $153,140.00 $0.00 $0.00 $153,140.00 100 CEI $18,377.00 $18,377.00 100 TOTAL $171,517.00 $0.00 $0.00 $171,517.00 _ 100 DESCRIPTION OF EXISTING FACILITY (Existing Design and Present Condition) Roadway Width: 12' travel lanes Number of Lanes 2 Bridge Number(s) on Project None DESCRIPTION OF PROPOSED WORK Sidewalk Roadway Width New Construction 12' travel lanes Number 3-R of Lanes Enhancement n Congestion Mitigation 2 Bridge Numbers(s) on Project None LOCAL AGENCY CONTACT PERSON Christopher J. Kafer, Jr. TITLE: County Engineer MAILING ADDRESS: 1801 27th Street Vero Beach, FL 32960 PHONE: 772-226-1221 AGENCY Indian River County _ ZIP CODE: 32960 _ LOCATION AND DESIGN APPROVAL: BY: Peter D. O' Bryan Approving Authority TITLE: Chairman DATE APPROVED AS TO FORK AND/ AL SUFFICIENCY - 1 RY it UFFICI NCY- BYit . ,( WILLIAM K. DEBRAAL DE f'LSTY COUNTY ATTORNEY 525010-30 CONSTRUCTION 08100 Page 2of2 437 525-010-30 CONSTRUCTION 08!00 Page 2 of 2 AGENCY: Indian River county PROJECT TITLE: Ofd Dixie Highway from 38'6 Lane to 45h Street DATE: ENVIRONMENTAL COMMITMENTS AND CONSIDERATIONS: An Environmental Determination was completed and approved for the Project. RIGHT OF WAY AND RELOCATION: No Right of Way acquisition is required for the Project THIS PROJECT HAS BEEN REVIEWED BY THE LEGISLATIVE BODY OF THE ADMINISTRATION AGENCY OR AGENCIES, OR ITS DESIGNEE, AND IS NOT INCONSISTANT WITH THE AGENCY'S COMPREHENSIVE PLAN FOR COMMUNITY DEVELOPMENT. DATE: By: INDIAN RIVER COUNTY AGENCY: Peter U. 0`Bryan, Chairman APPROVED AS TO FORM AN_E AL i FFIC I .Cy) 7/1 WILLIAM K. DEBRA.P.t. DEPUTY COLINTYATTORI:i 438 CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: August 8, 2014 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Joseph A. Baird, County Administrator Jason Brown, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manag SUBJECT: Recommendation of Award for RFP No. 2014040 — Boat Club Island Docks BACKGROUND: On June 11, 2013, the County entered into an agreement for improvement and maintenance of Boat Club Island (Spoil Island IR -25) with Grand Harbor Community Association, Inc. The primary improvement is the repair of the southernmost damaged dock to a condition suitable for public use and the removal of two other docks, after development of a mutually acceptable plan by the parties. During development of this plan, the parties agreed the southernmost dock should be removed and the middle dock be repaired for use. An amendment to the Agreement with the Association will be `saw prepared and presented to the board to update the specific dock improvements identified. A request for proposals was issued to obtain the services of a contractor to perform this work. RFP RESULTS: Advertising Date: RFP Opening Date: DemandStar Broadcast to: Specifications Requested by: Replies: May 27, 2014 June 24, 2014 at 2:00 pm 269 Subscribers 43 Firms 3 Firms x�rH �,'�+. tf: i ,�4� .,. ija t i zip , r ,.,,ei �.i t t t �t Proposing Firm �, , �lw . «v , .... ,,�, ,n „ L..Q.o.�l'�. ih7 Huryn Justice General Contractors Vero Beach Summerlin's Marine Construction, LLC Fort Pierce Underwater Engineering Services, Inc. * Fort Pierce *Disqualified — failed to acknowledge Addendum #2 ANALYSIS: An evaluation committee comprised of the Conservation Lands Manager, Chief, Environmental Planning and Code Enforcement, Parks Superintendent, Project Engineer and representative of the Grand Harbor Community Association independently evaluated and scored the proposals in accordance with the Purchasing Manual. These scores were compiled by the committee and an overall ranking of the submittals developed. The committee determined interviews were not necessary. P:\Bids\2013-2014 FY (2014000)\2014040 Boat Club Island Dock\Agenda-2014040.doc 439 CONSENT AGENDA The final ranking established by the committee is: 1. Summerlin's Marine Construction, LLC 2. Huryn Justice General Contractors FUNDING: Summerlin's price proposal to complete the work with composite decking is $18,650. Accounting for a $7,500 FIND Small -Scale Spoil Island grant and 50% cost -share with the Grand Harbor Community Association, the County's cost for the dock work is estimated at $5,575. The proposed funding source for the County's share of the costs would come from the Florida Boating Improvement Program Fund, Account No. 13321072-033490-13816. RECOMMENDATION: Staff recommends the Board approve the committee's final ranking and authorize negotiations with Summerlin's Marine Construction, LLC. The agreement will be presented to the Board for approval and execution along with the amendment to the agreement with Grand Harbor Community Association. APPROVED AGENDA ITEM BY: FOR. aird, County Administrator P:\Bids\2013-2014 FY (2014000)\2014040 Boat Club Island Dock\Agenda-2014040.doc Indian River Co • .r.ved Date Admin 41thi. Legal y�J,c I �giiiiiii U' 13 If Budget C gf t2_fl14 General Services or g////, 4 Environmental Planning 6'�'I /11 440 CONSENT INDIAN RIVER COUNTY FLORIDA BOARD MEMORANDUM To: The Honorable Board of County Commissioners Through: Joseph A. Baird, County Administrator From: Michael Zito, Assistant County Administrator A. Date: August 11, 2014 1 Subject: Approval of Request for Use of Holman Stadium for The Annual Jake Owen Foundation Benefit Concert Event to be held October 25th, 2014 DESCRIPTIONS AND CONDITIONS The Jake Owen Foundation ("User Group") has requested use of Holman Stadium at Historic Dodgertown for a fundraising /charity event. The Jake Owen Foundation is a 501 (c) (3) non- profit organization that supports and raises money to benefit youth organizations in Indian River County. The planned event is the "Annual Jake Owen Foundation Benefit Concert". The event is scheduled for October 25th, 2014, with a rain date of October 26th, 2014. VeroTown, LLC has reviewed this request and has confirmed stadium availability for the date requeseted. Section 6.04 of the Facility Use Agreement between the County and VeroTown, LLC allows the County use of the facility for up to ten days annually, exclusive of the "Harvest Festival". Any expenses associated with the use will be the responsibility of the User Group. No County funds will be utilized for the event. The group will also provide a $1,000,000 liability policy naming Indian River County and VeroTown, LLC as additional insured. The User Group has requested a reduction of the standard $10,000 security deposit required under Section G of Exhibit 1 of the Stadium Use Guidelines down to $5000 based upon the fact that their proceeds will benefit a local charity. The Board has granted this request for the Annual Jake Owen Foundation Benefit Concert in the past. At the request of the event management company for the Jake Owen Foundation, Staff has made additional changes to the Stadium Use Agreement and User Guidelines to accurately reflect the arrangements made with VeroTown over the past several years. For example, the Agreement now allows the User Group to contract directly with the Sheriff's Office or the Vero Beach Police Department for security services. It also waives the requirement of providing fiscal reports to the County regarding the proceeds of the event, provided that the User Group displays evidence of good standing as a bone fide 501(c)(3) non-profit corporation. Staff has attached a copy of the revised "Indian River County Holman Stadium Use Agreement" between the County and the User Group for the Board's review and approval. 441 CONSENT RECOMMENDATION Staff recommends that the Board approve the attached Agreement granting the User Group's request for reduction of the standard security deposit and authorize the chairman to sign upon receipt of the fully executed original Agreement including proof of liability insurance. Attachments: Letter of Request from "Jake Owen Foundation." Indian River County Holman Stadium Use Agreement Section 6.04 of Agreement between IRC and VeroTown, LLC APP OVED AGENDA ITEM: By:.� , / l.J Josep A. Baird County Administrator For: Indian River Co. App 'zed Date Admin. ��•�o 9/1 Co. Atty. - . , �f Budget �► 1/1/114). Dept. t�, ?pa,l Risk Mgr. 5-41-W 442 Date: October 25, 2014 The Event: Beneficiary: The Jake Owen Foundation Benefit Concert provides companies and individuals with cause -related marketing benefits and a strong community association. Since 2006, Platinum -Certified RCA Nashville Recording Artist Jake Owen has held this annual charity concert to benefit St. Jude Children's Research Hospital and youth organizations and various charities in Indian River County, including Autism Speaks and the Mardy Fish Children's Foundation. Jake is performing across the nation in more than 55 cities for the Discover Boating Presents Jake Owen's Days of Gold Tour. The tour kicked off March 20th in Brookins, SD and culminates with the Jake Owen Foundation Benefit Concert in Vero Beach on October 25m at Holman Stadium at Historic Dodgertown. The Jake Owen Foundation Benefit Concert is an outdoor Concert featuring Platinum -Certified RCA Nashville Recording Artist Jake Owen. Joining Owen for the Concert will be the high-energy trio from Nashville, Recording Artists The Three Cadillac. A VIP Reception with silent auction for sponsors will precede the Concert. Jake Owen Foundation Founded in 2010, the Jake Owen Foundation was created to offer its support on a national level to children battling cancer and other childhood diseases while also lending its support to youth organizations and various charities in Owen's hometown area of Indian River County, FL, including the Mardy Fish Foundation'. Through Jake's association within the country music community, he has had the opportunity to visit children and families at St. Jude Children's Research Hospital in Memphis, TN, who are benefiting from the extensive research and patient -care the hospital provides. Once a patient is accepted, St. Jude covers all the medical costs beyond those covered by insurance, and families without insurance are never asked to pay. St. Jude also provides transportation, lodging, and meals for one parent and child. Proceeds from the event will be donated to St. Jude Children's Research Hospital, and organizations in Indian River County including Autism Speaks, the Mardy Fish Children's Foundation and other charities. Event Site: Holman Stadium at Historic Dodgertown Vero Beach, Florida 2014 Performers: Event Host Jake Owen and The Cadillac Three. Format: Promoter: Gates Open to Public: Saturday, October 25, 2014 at 5:30 p.m. Concessions, merchandise, silent auction and raffle. VIP Reception: Saturday, October 25, 2014 from 6:00 p.m. — 7:00 p.m. Join Event Host Jake Owen for drinks, hors d'oeuvres and silent auction. Concert: Saturday, October 25, 2014 at 7:00 p.m. Event Host Jake Owen and The Cadillac Three. C & H Events, Inc. Michele L. Cope Event Director vvww.chevents.com MLCopeaDchevei ts.corn 561.394.9190 C & H Events, Inc. • 160 W. Camino Real #231 • Boca Raton FL 33432 Phone 561.394.9190 • Facsimile 561.394.8473' • website www.chevents.com 443 SPECIAL PERMIT TO EXTEND NOISE LIMIT FROM 10 P.M. TO 11 P.M. Pursuant to Section 38-63 (4) of the City of Vero Beach Code of Ordinances, the undersigned City Manager hereby grants permission to extend the noise curfew from 10:00 p.m. to 11:00 p.m. during the Jake Owen Foundation Benefit Concert to be held at Historic Dodgertown/Holman Stadium on Saturday, October 25, 2014, with a rain date of Sunday, October 26, 2014. In addition, if any sound equipment is required to be tested prior to this event, it must be completed before the 10:00 p.m. deadline. � ! r f Date: James, onnor 444 Indian River County Holman Stadium Use Agreement This Holman Stadium Use Agreement ("Agreement") is made this day of , 2014, by and between Indian River County Board of County Commissioners, a political subdivision of the State of Florida ("County") and the Jake Owen Foundation, c/o, Full Access Business Management, a Tennessee Corporation, 1033 6th Avenue South, , Nashville, TN 37203 ("User Group"). BACKGROUND RECITALS A. The User Group has requested the use of Holman Stadium facilities (collectively referenced as "Stadium") under the terms and conditions set forth in the Indian River County Holman Stadium Use Guidelines, attached to this Agreement as Exhibit 1 and incorporated herein in its entirety by this reference and under the terms and conditions set forth in this Agreement. B. The County will allow the User Group to use the Stadium under the terms and conditions set forth in Exhibit 1 and under the terms and conditions set forth in this Agreement. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound, the parties agree as follows: 1. PERIOD OF USE. This Agreement shall be in force October 25th, 2014 and include an alternate or rain date of October 26th 2014. The terms and duration of this Agreement include all setup and clean up time. 2. NUMBER OF PARTICIPANTS EXPECTED. User Group estimates that the number of participants expected at the event will be between 4,000 up to seating capacity of 6,500. 3. DESCRIPTION OF EVENT. User Group states that the following is an accurate description of the event: 8th Annual Jake Owen Foundation Benefit Concert. 4. INSURANCE. The minimum dollar amounts and types of insurance coverage's required are set forth in Exhibit 2 attached hereto and incorporated herein in its entirety by this reference. 5. FEES. The User Group agrees to pay all Stadium use charges as set forth in Exhibit I, including, without limitation, the charges set forth in paragraphs C, D, F, G, H, and I. In the event that the User Group elects to use the services of VeroTown, LLC for parking attendants, ticket takers, security personnel, clean-up crews, or concession operations, the User Group acknowledges and agrees that the County shall cause VeroTown, LLC: (i) to provide a written invoice for such services to the User, together with a courtesy copy to the County within ten (10) business days after the conclusion of the event; and (ii) to remit the net funds, if any, to the User Group. In addition, all costs for utilities and any other costs incurred by VeroTown, LLC in connection with the User Group's use of the Stadium shall be set forth on the foregoing written invoice, and such costs shall also be deducted from the net funds, if any, and remitted to the User Group. 1 445 Upon the County's receipt of the notice of invoice payments from VeroTown, LLC, the security deposit shall be returned to the User Group; provided, however, that in the event the costs invoiced by VeroTown, LLC exceed the funds available, the County shall have the right to use the security deposit for such costs. In addition, the User Group agrees to be solely responsible to pay any and all additional charges required for the staging of the event. VeroTown, LLC reserves the right to modify the foregoing process to accommodate any arrangement made directly with the User Group to provide concessionaire services for the event. 6. INDEMNIFICATION AND WAIVER OF CLAIMS. The User Group assumes all risks and agrees to indemnify fully and save and hold harmless the County, its commissioners, officers, employees, and agents (hereinafter individually and collectively referenced as "Indemnified County Parties"), and VeroTown, LLC, their respective owners, shareholders, officers, employees, representatives, agents, heirs, successors, and assigns (hereinafter individually and collectively referenced as "Indemnified VeroTown, LLC Parties") against all claims, losses, damages, judgments, liabilities, accidents or injuries to person(s) or property, and causes of action, including reasonable attorney's fees and court costs, arising out of, or caused directly or indirectly, by the conduct, acts, omissions, negligence, or willful misconduct of any participant in the event, the User Group, its visitors, agents, and employees. The Indemnified County Parties, and the Indemnified VeroTown, LLC Parties shall not be liable for damages to, or loss of, personal property sustained by the participants in the event, the User Group, its visitors, agents, employees, or any person claiming by or through the User Group or any of the foregoing, resulting from any fire, accident, occurrence, theft, or condition in or upon the Stadium, provided such are not due to the sole negligence or willful misconduct of the Indemnified County Parties or the Indemnified VeroTown, LLC Parties. This indemnification paragraph shall survive the expiration or sooner termination of this Agreement. 7. CANCELLATION. This Agreement is subject to cancellation by either the User Group or the County as set forth in Exhibit 1. 8. FACILITY UNAVAILABILITY DISCLAIMER. The County assumes no responsibility for circumstances that may require the closing of the Stadium facility due to conditions that would render it unfit for public usage due to inclement weather, state health department or other regulatory agencies requirements. In the event of such occurrence it is the responsibility of the User Group to obtain alternative facilities and the County shall have no liability whatsoever to the User Group. The County and VeroTown, LLC represent that to the best of their knowledge and belief, that VeroTown, LLC is now and will remain in good standing with all State and local regulatory agencies having jurisdiction, if any to regulate, license, and permit the activities contemplated by this Agreement. 9. GOVERNING LAW. The laws of the State of Florida shall govern this Agreement and any and all legal action shall be instituted in Indian River County for all state court matters and in the Southern District of Florida for all federal court matters. 10. ENTIRETY OF AGREEMENT. The Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, or 2 446 understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of this Agreement that are not contained in this Agreement. No supplement, modification, or amendment to this Agreement shall be binding unless signed in writing by the County and the User Group. 11. SEVERABILITY. In the event that any of the provisions of this Agreement are deemed unenforceable, the enforceability of the remaining provisions of this Agreement shall not be affected. 12. ASSIGNMENT. User Group shall not grant, assign, or otherwise convey to anyone any or all of its rights to use the Stadium hereunder without the prior written consent and approval of the County and VeroTown, LLC. The User Group shall use the Stadium only in the manner contemplated in this Agreement. 13. THIRD PARTY BENEFICIARY. No person other than VeroTown, LLC, the County, the Indemnified County Parties, the Indemnified VeroTown, LLC Parties, and the User Group, and the successors of the User Group shall have any rights whatsoever under this Agreement. 14. BACKGROUND RECITALS. The Background Recitals are true and correct and form a material part of this Agreement. 15. DEFAULT. County shall have the right to terminate this Agreement and/or deny User Group use of the stadium if User Group defaults in the performance of any obligation hereunder, provided that in the event of such default, the County shall give the User Group notice of such default and twelve (12) hours to cure the default or a lesser time if appropriate to the default on the day of the event. 16. NOTICES. Any notices or other written communications from the User Group to the County shall be delivered by fax, overnight mail, hand delivery, or first class mail to the County Recreation Manager. Any notices or other communications from the County to the User Group shall be delivered by fax, overnight mail, hand delivery, or first class mail to the User Group Executive Director. The names and address to be contacted are as follows: As to the County: Indian River County Board of County Commissioners Attn: Michael C. Zito, Assistant County Administrator 1801 27th Street, Vero Beach, FL 32960-3398 As to the User Group: Jake Owen Foundation 0/0 Full Access Business Management Attn: Jackie Warrick 1033 16th Avenue South Nashville, TN 37203 3 447 IN WITNESS WHEREOF, the County and the User Group have caused this Agreement to be executed in their respective names as of the date set forth above. USER GROUP: INDIAN RIVER COUNTY, FLORIDA: JAKE OWEN FOUNDATION By: Jackie Warrick, Manager By: Peter D. O'Bryan, Chairman Appdved as tp\for and legal sufficiency: County, Attorney J� c� WA\� APPROVAL BY VEROTOWN, LLC, SOLELY AS TO THIRD PARTY BENEFICIARY PROVISIONS VEROTOWN, LLC By: Craig B. Callan, Vice President Historic Dodgertown 4 448 EXHIBIT 1 Indian River County Holman Stadium Use Guidelines A. Eligibility: Requesting user groups must be Not -for -Profit section 501(c)(3) corporations based in Indian River County and serving Indian River County residents. Eligible user groups are limited to one use per lease year, May 1 through April 30. B. Use of Premises: Use of the Holman Stadium facilities and/or the eight (8) baseball practice fields and the one (1) half baseball practice field (collectively referenced as "Stadium") must be lawful and consistent with the use of Indian River County public facilities. In addition, use must be in compliance with section 6.04 of the Facility Lease Agreement dated April 21, 2009, as amended, between Indian River County, a political subdivision of the State of Florida, and Verotown, LLC, a Delaware limited liability company ("Verotown"), a copy of which section is attached hereto as Attachment 1 and incorporated herein in its entirety by this reference. Requested use and dates must not conflict with scheduled facility use by Verotown, Indian River County scheduled events, or events sponsored by the Treasure Coast Sports Commission. User group shall not exclude from participation in, deny the benefits of, or otherwise subject anyone to discrimination in, the use or operation of the Stadium for the event on the basis of age, sex, disability, race, color, national origin, religion, or ancestry. C. Security' Security will be provided by the Indian River County Sheriff's Office or the Vero Beach Police Department and Verotown. The security provisions must have the prior written approval of both Verotown and either the Indian River County Sheriff's Office or the City of Vero Beach Police Department, as applicable. The user group shall be solely responsible for all costs associated with security and shall contract directly or reimburse Verotown for the cost of security personnel provided by the Indian River County Sheriff's Office or the Vero Beach Police Department, as applicable, for event security and traffic control. D. Insurance: Insurance requirements will be determined by the County's Risk Manager based on the type of event, anticipated attendance, and any other criteria as established for the determination of appropriate coverage. The County shall notify the user group during the review process set forth in paragraph K2 of these Guidelines of the types and amounts of required insurance coverage. Indian River County and Verotown must be named as additional insureds in the policy or policies of insurance. A certificate or certificates of insurance must be delivered to both the County's Risk Manager and Verotown containing the types and amounts of the required coverage, and showing the required additional insureds no later than ten (10) business days prior to the event date. In addition, the agreement to be executed by the user group and the County shall contain an indemnity from the user group to the County and Verotown for the 1 449 costs of any damage or destruction to the Stadium or liabilities associated with personal injury or death that occurs in connection with the use of the Stadium by the user group. E. Alcohol: Unless specifically prohibited by the County, the sale and consumption of alcoholic beverages shall be permitted during the event, subject to the following restrictions: (1) such sale and consumption shall be in accordance with (i) any applicable ' requirements of the City of Vero Beach relating to the sale, possession or consumption of alcohol on public property, (ii) any requirements of the County determined necessary or appropriate to protect the health, safety and welfare of the residents of the County, and (iii) any other requirements of state or federal law, and (2) such sale shall be conducted by, and under the license of, Verotown. F. Facility Use Costs: User group is responsible for any and all expenses associated with the use of the Stadium, including costs imposed by Verotown for use, including, but not limited to, parking attendants, ticket takers, security personnel, clean-up crews, concession operations, and utilities, all as set forth in Attachment 1. Verotown may consent to allow the User Group to procure the aforementioned services directly. G. Security Deposit: User group shall post a security deposit in the amount of a minimum of Five Thousand Dollars ($5,000) in the form of cash, or a certified or cashier's check drawn on any United States bank, irrevocable direct pay letter of credit, or surety bond, issued by a surety licensed to issue surety bonds in Florida and included in the most recent United States Department of the Treasury List of Acceptable Sureties, each of the foregoing payable to Indian River County to be held by the County, and in the case of an irrevocable direct pay letter of credit or surety bond, in form and substance acceptable to the County. The County reserves the right to increase the amount of the required security deposit due to the nature of the event, and the County shall notify the User group during the review process set forth in paragraph K2 of the Guidelines of any additional amount of security deposit. The User Group shall deliver the security deposit to the County Office of Management & Budget no later than ten (10) business days prior to the event date and, if applicable, execute a cash escrow agreement between the County and the User Group, in form and substance acceptable to the County, at the time the security deposit is tendered. H. Facility Preparation and Cleanup: VeroTown is responsible for all costs associated with the Stadium cleanup. User Group is responsible for field restoration as set forth in Attachment 1. Verotown must approve cleanup and restoration. If the user group should fail to restore the Stadium facility and grounds, Verotown will have the authority to initiate cleanup and restoration, and any additional costs will be the sole responsibility of the user group, as set forth in Attachment 1. The County reserves the right to deduct any such additional costs from the security deposit. 2 450 I. Television Rights: Any recording or taping of the event must have the prior written approval of both Verotown and the County, which consent may be granted, denied, or conditioned by either the County or Verotown at their sole respective discretion. Nothing contained herein shall be deemed or construed to require approval by either the County or Verotown of any recording or taping of the event. J. Concessions: Concession sales and operations must either be provided directly by Verotown LLC or have the prior written consent of Verotown which consent may be granted, denied, or conditioned by Verotown in its sole discretion. The user group will reimburse Verotown for any concession service costs incurred by Verotown, as set forth in Attachment 1. K. Procedures: 1. A written request must be submitted by the user group's chief executive officer or board of directors to the County Administrator or his designee at least ninety (90) days in advance of the requested use date. The request must include the following: requested date(s) of use, type of event, estimated attendance, purpose, proof of non- profit status, and a listing of current board of directors and executive director. The County will coordinate with Verotown to seek the written approval of the availability of the date(s) from Verotown. 2. Review and approval shall include: County Administrator, Recreation Department, Risk Management Department, Budget Department, County Attorney and Finance Department, and the Indian River County Sheriffs Office or the Vero Beach Police Department. Additional information may be requested during the review process, including, without limitation, proposed budget and estimated expenses and revenues for the event. It is the responsibility of the requesting user group to secure all appropriate approvals. 3. After the County Administrator or designee review, the user group will be notified in writing, within thirty (30) business days after the date the request was submitted, of the status of the request; the amount of the required security deposit; the types and amounts of required insurance coverages; and the date the request will be submitted for County Commission consideration. The County Administrator or designee will submit the request to the County Commission. The County Commission may approve, approve with conditions or deny the request. The approval or disapproval is at the sole discretion of the County Commission. 4. Execution of an agreement between the County and the user group with respect to the use of the Stadium; submission of proof of ability to obtain the required insurance coverages; delivery of security deposit, and, if applicable, execution of a cash escrow agreement between the County and the user group; and delivery of certificates of required insurance coverages. 3 451 L. Fiscal Reports: Fiscal Reports shall not be required to be submitted to the County, provided however, that within thirty (30) business days of the event, the User Group shall provide to the County proof of its status as a bone fide non-profit corporation under Section 501(c)(3) of the Internal Revenue Code. M. No County Funding: County contribution is use of the Stadium on the date or dates requested by the user group. No County funding of any nature whatsoever, cash or in-kind, will be provided. N. Permits: Any and all required permits and licenses and associated costs for use based on the Indian River County Code of Ordinances, Health Department or any other regulatory authorities are the sole responsibility of Verotown, LLC. Proof of permits must be provided no later than thirty (30) calendar days prior to the requested use date to the County Administrator or his designee. Failure to provide proof of required permits authorizes the County to remedy the situation including up to termination of the requested use. Any expenses incurred by the user group associated with the use of the stadium facilities prior to the time of termination of the requested use pursuant to this paragraph are the sole responsibility of the user group. O. Cancellation of event The County, in a declared emergency, may cancel the event at its sole discretion. If the user group proposes to cancel the use after the County Commission has approved the application and reserved the date(s), the user group must notify the County Administrator or his designee and Verotown in writing as soon as possible prior to the scheduled date of use. P. Discretion The County Administrator shall have discretion to waive any procedural, time period or other such requirement of the Use Guidelines when he/she determines that such waiver is in the best interests of the County. Q. Remedies Failure of the user group to comply with the terms of the agreement authorizes the County to cancel the event up to the date of the scheduled event, and may prohibit the use of the Stadium by the user group for future events at the sole discretion of the County. 4 452 ATTACHMENT 1 Section 6.04. The County's Use of Holman Stadium and the Practice Fields: The County shall have the right to use Holman Stadium and/or the practice fields, for up to ten (10) days per Lease Year, together with any use associated with the community's annual "Harvest Festival" each year, at no charge to the County (other than reimbursing VeroTown, LLC for any operating expenses incurred by VeroTown, LLC as a result of the County's use of Holman Stadium and/or the practice fields). The dates during which the County may use Holman Stadium and/or the practice fields shall be selected by mutual agreement of the parties; provided that, if the parties cannot agree on the dates, VeroTown, LLC's reasonable selection of dates shall be final and controlling. Provided, however, that VeroTown, LLC will defer to the County and cooperate in scheduling and making the Facility available for the community's annual "Harvest Festival." The County may use Holman Stadium and/or the practice fields only for functions which do not directly compete with revenue -generating events which have been otherwise arranged by VeroTown, LLC. Moreover, the County's use of Holman Stadium and/or the practice fields must not interfere in any way with VeroTown, LLC's use and quiet enjoyment of the Facility. The County shall not use or authorize the use of Holman Stadium and/or the practice fields in any manner which would have a material detrimental impact on Holman Stadium and/or the practice fields, and the County shall be and remain solely responsible for any damage or destruction to Holman Stadium and/or the practice fields by the County or its assignee. The County, or its assignee, shall be entitled to retain the revenues from ticket sales for its events, and concessions sold during the events when Holman Stadium and/or the practice fields are utilized by the County; provided, however, that although VeroTown, LLC covenants to cooperate with the County in such endeavors, VeroTown, LLC shall not be required to provide concession management services and/or any other related services during any County event. In all cases, VeroTown, LLC shall be reimbursed by the County for any operating costs and expenses incurred by VeroTown, LLC as a result of the County's use of Holman Stadium and/or the practice fields, including, but not limited to, the cost of any parking attendants, ticket takers, security personnel, clean-up crews, and the like provided by VeroTown, LLC. Prior to using Holman Stadium and/or the practice fields as provided herein, the County shall cause VeroTown, LLC to be named as an additional insured on the County's general liability insurance policy and shall deliver to VeroTown, LLC a certificate of insurance which verifies the existence of the policy and the fact that VeroTown, LLC is named as an additional insured. Lease Year means a twelve-month period commencing on May 1st of any calendar year of the Term hereof and ending on April 30th of the following calendar year; provided, however, that the first Lease Year shall commence as of the Effective Date and end on the First April 30th following the Effective Date. 1 453 EXHIBIT 2 INSURANCE REQUIREMENTS Commercial General Liability with minimum combined single limit of $1,000,000 per occurrence for bodily injury and property damage to include coverage for premises / operations, products / completed operations, contractual liability and independent contractors. Workers' compensation to meet statutory limits in compliance with the Workers' Compensation law of Florida and Employer's Liability of $100,000 for each accident, $500,000 disease (policy limits) and $100,000 disease (each employee). Business Auto Liability (if vehicles are involved) with $1,000,000 combined single limit per occurrence coverage for bodily injury and property damage. Indian River County is to be an additional insured for CGL and BAL. VeroTown, LLC will also be named as an additional insured on these policies. 454 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONSENT AGENDA M jri/1 TO: Honorable Board of County Commissioners THROUGH: Joseph A. Baird, County Administrator THROUGH: John King, Director Department of Emer y rvices FROM: Maria Resto, Radiological Emergency Analyst/Radio System Manager DATE: August 8, 2014 SUBJECT: Approval of Renewal of the 800 MHz Communications System Infrastructure Maintenance Contract with Communications International, Inc. It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: The 800 MHz communications backbone/infrastructure equipment is an essential component necessary for the operation of the E911 dispatch center and the county and municipal field staff On March 1, 2011, the Board designated Communications International as the County's Sole Source Provider for the 800 MHz Communications System Service. To guarantee continuity of essential services the County requires Communications International to have certified service technicians available twenty-four (24) hours a day for immediate repairs. Communications International is the only regional vendor qualified to perform the maintenance and repairs. The approved contract for FY -2010/2011 (Contract Number CII -IO -146) provided for renewal or extension of the contract in one (1) year increments for a total of five (5) years upon mutual consent of the parties. The terms and conditions of the agreement will remain the same during this contract year. The proposed FY- 2014/2015 renewal contract for the communication system backbone infrastructure maintenance totals $304,518.60. The proposed contract shows an increase in cost due to the expiration of the one year warranty of the system upgrade equipment and the South Urban Consumer Price Index (CPI) adjustment. 455 FUNDING: The South Urban Region CPI is used to annually adjust the cost of the maintenance and service agreement. The CPI for the FY -2014/2015 is of 1.20%. The CPI adjusted contract for FY - 2014/2015 is for $304,518.60 and is to be paid through monthly invoices. FY -2013/2014 Maintenance Agreement FY -2014/2015 Proposed Maintenance Agreement $292,687.68 $304,518.60 Increase/Decrease: + $11,830.92 (Due to CPI adjustment and expiration of equipment's one year warranty) Funding for the communications service agreement is a planned expenditure and is included in the FY -2014/2015 Communications/Emergency Services (001-107) budget in the General Fund. Account Number Agreement Amount 00110719-035120 $304,518.60 RECOMMENDATION: Staff recommends the Board to approve the renewal of the 800 MHz Communications system Master Service Agreement with Communications International Inc. ATTACHMENT: Master Service Agreement (Contract Number CII -10-146) Backbone FY 2014-2015 Maintenance Cost Summary CPI Calculation Letter Harris Sole Source Letter APPROVED FOR AGENDA FOR: August 19, 2014 BY. ,{/ J-2,4 Jose h A. Baird County Administrator Indian River Co. ' I`- Date gill//'i Legal pf I +_ g • 3 Budget y t 3/► Dept. ) 11. 1.%‘• 0'4 Risk Mgr. L / „ g- r2-ry General Svcs. 456 IC OMMUNICATIONS INTERNATIONAL, INC. 4450 US Highway 1 • Vero Beach, Florida 32967 s Telephone: (772) 569-5355 • Fax: (772) 567-2292 October 20, 2009 Jason E. Brown, Director Management and Budget 1801 27th Street Building A Ref: Indian River County Radio Maintenance Contract No. CII -05-818 Dear Mr. Brown: A problem exist with the referenced contract in paragraph 3.0 which has to do with the formula used to determine the Consumer Price Index (CPI) in calculating the annual rate increase and/or decrease. CII would like to propose a change to the verbiage in the existing contract with intent to remove any ambiguity and provide a predictable CPI for our contract in the early part of each year. This will allow Indian River County to budget the maintenance contract in preparation for the upcoming year. The present Contract language is: The basis for this extension will be the consumer price index (CPI) for all urban consumers of the Bureau of Labor Statistics South Urban most recent publication prior to contract renewal. The adjustment factor used to create price adjustment up or down for each unit price proposed is as follows: Previous 12 month CPI -U South Urban = CPI Adjustment Current year CPl-U South Urban Proposed contract language: Use the Bureau of Labor Statistics webb site(http://www.bls.gov/cnithome.htm) 1. Select the "South Urban" region of the U.S. map. 2. Select the "More Formatting Options" 3. Select the "12 months Percent Change" 4. Select "Retrieve Data" 5. Scroll down to the current year and select the "Feb" number 6. This number will be used as a multiplier for the recent year total of the maintenance contract This percent number is a 12 month percent change for the "South Urban" over the last 12 months as reflected in February. Please call me to discuss this matter should you desire. If you are in agreement let me know and we will issue an amendment to the referenced contract. Sincerely, Robert Wm Stork Owner/CEO 457 MICHAEL 0. "MIKE" BoYHT Regional Scribe Manager Southeast Regan February 4, 2011 Subject Communications International, Inc HARRIS CORPORATION RF Communications Division 1034 Old Spanish Trail. Suits 50 srdo8 u 70468 phone 1-985.7183125 tax 1-985-7183128 cellular 1-985.774-7804 mkhaelboyeteha+ris.com www.harris.com Communications International, Inc. (CII) is a premier member of Harris' indirect sales channel and is the exclusive Harris Authorized Service Center for the Indian River County area. CII has been a Hams partner for over 30 years and is by far the largest Network Service Provider for Harris in the eastern United States and implements and maintains many of Harris' systems across the country including York County, PA, Clark County/Las Vegas, NV, and the State of Florida. As such; Cli engineers work closely and train alongside Harris engineers and technical staff on the design, staging, maintenance and support of new technology. This well-established relationship assures our Customers' system maintenance needs gets attention from all areas of the team, software engineers, field engineers, technicians and program management, Cli is headquartered in Vero Beach, FL and is an employee owned company with 12 locations and over 150 employees including certified engineers, senior technicians, program managers, and subject matter experts. CII specializes in complete wireless communication systems and has the unique quality of having experienced staff knowledge in both Radio Communications and IT technologies. CII has the ability to integrate multiple types of communication platforms. Sincerely, Michael'Boyet, RSM Enclosure: assureckormasnicatkvw 458 C OMMUNICATIONS INTERNATIONAL, INC. 4450 US 1 s Vero Beach, Florida 32967 • Telephone: (772) 569-5355 ♦ Fax: (772) 567-2292 MASTER SERVICE AGREEMENT Contract Number CII -10-146 ORIGINAL This Contract is entered into by and between Communications International, Inc., located at 4450 U.S. Highway 1, Vero Beach, Florida 32967 (" "CH"), and Indian River County Board of Commissioners, located at 1801 27th Street (the Customer"), on the la day of October 2010, (the "Effective Date"). WHEREAS, CII currently provides maintenance services for two-waysadio communications_systems and_.otherr electronic equipment; WHEREAS, the Customer desires to contract the repair and maintenance of certain two-way radio equipment and other electronic equipment as described herein; WHEREAS, the Parties desire to establish terms, conditions and pricing under which the particular equipment will be maintained; and WHEREAS, the Parties hereby desire to enter into this Contract to set forth, in writing, their respective rights, duties and obligations hereunder; NOW, THEREFORE, for and in consideration of the mutual promises herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and confessed, the Parties agree as follows: 1. DEFINITIONS A. Parties — shall mean, collectively, CII and the Customer. B. Services — shall mean those services to be provided by CII to the Customer pursuant to this Contract, but not limited to maintenance, repair, replacement, labor and testing. C. Contract — shall mean this document along with all documents attached hereto and incorporated herein by reference. D. Terminal Equipment — shall mean vehicular mounted radios, personal portable radios, portable radio desk chargers and basic compact vehicular chargers and as otherwise specifically described as Terminal Equipment for maintenance in this Contract. E. Fixed Equipment — shall mean site repeater stations and associated equipment, multi -site coordinator, console electronic equipment, radio control stations and as otherwise specifically described as Fixed Equipment for maintenance in this Contract F. Other Equipment — shall mean any other electronic equipment that is listed in this Contract and defined herein. G. Demand Services — shall mean service that is requested which is not included in the fixed fee arrangement in this Contract. II. Normal Working Hours — shall mean 8:00 am until 5:00 pm, local time, Monday through Friday, excluding Federal and State Holidays ("Business Days"), unless otherwise defined. I. Emergency Services - shall mean services that are available by CII twenty-four (24) hours per day, seven days per week, including Federal and State Holidays_ Page 1 of 13 459 ORIGINAL 2. SCOPE OF CONTRACT CH agrees to maintain the ability to provide the services set forth in Exhibit A of this Contract and to provide the services described herein, including Demand Services. The Customer agrees to purchase Demand Services from CII, as needed, in accordance with Exhibit C of this Contract. 3. TERM OF CONTRACT A. The term of this Contract shall be for a period of one (1) year(s) (the "Term") and shall automatically renew at the end of the Term, unless (I) either party notifies the other party, in writing, at least ninety (90) days prior to expiration of this Contract (the "Renewal Notice") or (11) in the event CII proposes new terms, conditions, or pricing ("New Terms"), such New Terms are not accepted by the Customer in the Renewal Notice. There shall be no more than four (4) renewals to this contract. B. This contract will be adjusted each year based on the Consumer Price Index (CPI). Use the Bureau of Labor Statistics web site (http:l\www_bls.gov/cpi/home.htd): 1. Select the "South Urban region of the U.S. Map. 2. Select the "More Formatting Options" 3. Select the "12 months Percent Change 4. Select "Retrieve Data" 5. Scroll down to the current year and select the "Feb" number 6. This number will be used as a multiplier for the recent year total of the maintenance contract The percent number is a 12 month percent change for the "South Urban" over the last 12 months as reflected in February. 4. PRICES AND TERMS OF PAYMENT A. The prices to be charged for the regular routine maintenance Services are as set forth in Exhibit B. B. The prices to be charged for the Demand Services and Professional Services are as set forth in Exhibit C. C. All pricing discounts on both hardware and software, including all vendor equipment offered by CLI are set forth in Exhibit D. D. Payment for Services for monthly maintenance, as outlined in Exhibit B of this Contract, is due in advance and payable in full forty-five (45) days after receipt of invoice. Invoices shall be submitted to the Customer on a monthly basis. B. Payment for all Demand Services, Professional Services and purchase of all products and/or equipment is due in full forty- five (45) days after receipt of invoice. Invoices shall be submitted to the Customer as the work is completed. 5. EXTRA CHARGES No extra charges of any kind will be allowed unless specifically agreed to in writing by both Parties. 6. SERVICES A. Installation, removal or reinstallation of equipment, shall be performed by CH, following reasonable notice to the Customer at the rates listed in. Exhibit C and at a time agreed to by both Parties. B. Items that are not covered under Services for maintenance in Exhibit B, such as speaker microphones and Enhanced Vehicular Chargers, will be repaired and/or replaced as Demand Services and will be charged at the prices set forth in Exhibit C. C. In addition to the Services specified in this Contract, the Customer may. order other work to be provided by CII, including specially designed work or services otherwise not covered by this Contract ("Special Requirements Order"). Within ten (10) business days of receipt of a Special Requirements Order, CII will furnish the Customer with a written proposal to fill such Special Requirements Order, including price and delivery time. The Customer may accept or reject any such proposal with Page 2of13. 460 ORIGINAL. ten {10) Business Days of receipt. Any proposal not specifically accepted will be deemed rejected on the eleventh (1111) Business Day after receipt. D. Purchase orders issued in compliance with this Contract, other than Special Requirements Orders, shall be deemed accepted upon receipt by CII. Special Requirement Orders shall be deemed accepted by Cl. upon receipt of the Customer's acceptance of CH's proposal. E. Unless otherwise specifically agreed between CII and the Customer, in writing, the terms and conditions of this Contract shall take precedence over any accepted purchase order issued after the date of this Contract, in accordance with Section 16 of this Contract F. All qualified Terminal Equipment in the Customer's inventory must be listed in Exhibit B to be covered under this Contract. G. Terminal Equipment shall be delivered to, and maintenance performed at, a Cll facility during Normal Working Hours. If Terminal Equipment is shipped to the CII facility for repair, the return shipping charges shall be billable to the Customer. Emergency Service on Terminal Equipment, if requested, will be performed and will be charged at the prices set forth in Exhibit C. H. Any Terminal Equipment found to be non -working or incapable of meeting specifications during performance of the first Preventative Maintenance effort will be omitted from inventory on Exhibit 11 until the Terminal Equipment is brought up to specification at the Customer's expense. Terminal Equipment that is designed to operate in chemically volatile or explosive atmospheres or when immersed in water (e.g. Immersion or Intrinsically Safe radios) are not covered by this Contract. 7. PREVENTIVE MAINTENANCE CII will annually perform verification on Terminal Equipment covered by this Contract to validate factory specifications and correct any deficiencies found ("Preventative Maintenance"). Copies of service records will be available to the Customer upon request. 8. DATABASE REPROGRAMMING Annual mobile radio software updates will be provided by CII during annual Preventative Maintenance. The LID reprogramming changes will be provided periodically, upon request, at no cost to the Customer. 9. ADDITIONS AND DELETIONS A. The quantity of Terminal Equipment units to be maintained and/or serviced may be added to, or removed from, this Contract while the Contract is in force. New Terminal Equipment units purchased in any given budget year of the Customer may be added to the Contract immediately following the expiration date of the manufacturer's warranty. A letter of authorization from the Customer is required to add to or remove EQUIPMENT from Exhibit 11. Such Terminal Equipment must be identified by individual LID numbers, serial numbers and property ID numbers. B. Charges for Terminal Equipment added or removed in a particular month will be added to, or dropped from, the amount charged to the Customer the following month. 10. RESPONSE TIME The estimated time of repair of Terminal Equipment delivered to ClI's local facility is three (3) to seven (7) Business Days. 11. FORCE MAJEURE CH will not be considered in default or liable for any delay or failure to perform its obligations under this Contract if such delay or failure arises directly or indirectly out of an act of nature, war, labor strikes, lockouts, trade disputes, fires, quarantine restrictions, governmental action or by causes beyond the reasonable control of CII. In such event, any obligation of CII under this Contract will be postponed until the cause underlying the Force Majeure ceases to exist and such postponement or delay will not be held against CII. CII shall immediately notify the Customer verbally and in writing if a Force Majeure event delays performance and shall state the revised date for performance. Page 3 of 13 461 ORIGINAL 12. INDEMNIFICATION To the extent allowable by law, CII shall indemnify and save harmless the Customer from any and all liability, claims, damages, losses or expenses, including attorney's fees, arising out of or resulting from the performance of its work under this Contract, where such claim, damage, loss, or expense is directly caused by the negligence or intentional wrongful act or omission of CII, its agents, employees, or any of its subcontractors, in connection with or pursuant to this Contract. 13. LIMITATION OF LIABILITY The liability of CII pursuant to Section 12 shall not exceed the greater of an aggregate limit of $5,000,000 or the amount actually paid by the Customer to CII under this Contract, regardless of the legal theory under which such liability is imposed. 14. INSURANCE A. Within thirty (30) days of the execution of this Contract, CH shall furnish the Customer with certificates of insurance showing that CII carries Automobile Insurance and General Liability Insurance in an amount not less than One Million Dollars ($1,000,000) per occurrence and Workmen's Compensation Insurance sufficient to satisfy state law requirements. The certificates of insurance shall also provide that at least thirty (30) days notice in writing shall be given to the Customer of any cancellation or reduction of coverage before such coverage is cancelled or reduced. B. The Customer shall be named as an additional insured party on the policies obtained by CII pursuant to this Section. CII shall not be relieved of any obligation of indemnification pursuant to this Contract by reason of its failure to secure and maintain insurance as required by this Section. 15. CANCELLATION This Contract may be terminated by either party, with or without cause, upon not less than ninety (90) days notice, in writing, by overnight delivery, personal delivery or registered mail return receipt requested to the other party. Such notice shall be effective upon receipt. 16. ENTIRE CONTRACT AND MODIFICATION This Contract and the attachments hereto and made a part hereof sets forth the entire agreement of the Parties with respect to the subject matter hereof and supersedes and merges all prior agreements and understandings. No amendment, modification or waiver of any provisions of this Contract or consent to any departure therefrom shall be effective unless in writing and signed by duly authorized officers of both Parties. AUTHORIZED SIGNATURE — CONTRACT NUMBER CII -10-146 IN WITNESS HEREOF, Communications International; Inc. and the Customer have caused this Contract to be signed as of the Effective Date set forth above. COMMU ATIONS INTERNATIONAL, INC. INDIAN RIVER COUNTY BOARD OF COMMISSIONERS f By:% By '-----+--Z C' a'::�°COMMIS%•, Title: e�� Title: 'fv,;;) D,y��`` Chairman .rr j4A Name: Al_57 Z< Name: Bob So] a i i Date: March 1, 2011 `„®°•, Attest: J.Ce Barto°; Date: AP PROV ninistrator APPROVED AND LEGAL .,,,• � 44 BY MELISiA `!ANDERSON ASSISTANT COMITY ATTORNEY TO FOR FFICIENCY 13 462 Contract Number CII -10-146 EXfflBIT "A" SCOPE OF WORK ORIGINAL During the term of the Contract, CII agrees (i) to provide the Customer with repair, maintenance services and parts to maintain the Customer's radio equipment as set forth herein and (ii) to provide the products and services as described in Exhibit A and B at the prices set forth in Exhibits B and C. 1. Conditions of Service Cl7 shall supply staffing, supervision, labor, service facilities, repair parts, test equipment and supplies necessary to meet the service requirements stated herein. 2. Terminal Equipment Maintenance 3. Fixed Equipment Maintenance A. Emergency Service shall be provided by CII for Fixed Equipment Maintenance and CII will respond within two (2) hours of the Customer's request for Emergency Service. B CH shall not be liable for any costs incurred for repair and/or replacement of any Fixed Equipment that becomes inoperative due to user or third party negligence, installation or removal; liquid intrusion; Lightening damage or Acts of God. Any component parts replaced under this Section shall be returned to Customer for inspection. C. Cli shall not be liable for any costs incurred for correcting, repairing or replacing infrastructure or data corruption caused by (i) improper operations of Customer or any third party or (ii) failure of Associated Systems. "Associated Systems" are defined as any equipment used in the operation of the Customer's Fixed Equipment or Terminal Equipment that is not maintained by Cl. 4. Preventative Maintenance CII will annually perform verification on Terminal Equipment covered by this Contract to validate factory specifications and will correct any deficiencies found. S. General All services provided under this Contract are only applicable to the Terminal Equipment, Fixed Equipment and Other Equipment listed in Exhibit "B". Page 5 of 13 463 0 C] COMMUNICATIONS N rERNATIONAL. August 12, 2014 Indian River County Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 Ref: Contract No.CII-10-146 Dear Customer: The Contract referenced above will automatically renew on October I , 2014, per Paragraph 3 of the Contract. Either Party may terminate the Contract with a ninety (90) day written notice to the other Party. As of today's date, notice of termination has not been received by Communications International ("Ci"). Accordingly, Ci hereby presents this "Renewal Notice" to the Indian River County Board of County Commissioners for its review and signature. Ci will continue to provide services to the Indian River County Board of County Commissioners for the communications equipment listed in the attached "Exhibit B" for the renewal term of the Contract from October 1, 2014 through September 30, 2015, for the total amounts listed in said Exhibit. By signing below, each Party indicates its approval of this Renewal Notice for Contract No. CII -10-146, including the renewal term and the pricing listed herein. COMMUNICATIONS INTERNATIONAL INC. Robert Wm. Stork, CEO Date: APPROVED dministrator INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk 4450 05 Highway 1 1 Vero Beach. FL 32967 1 p 1 888.ask.4cii 1 p 772.569.5355 1 ask4ci,ccm 464 �( EXHIBIT "Bit, Cost Summery for Oct 2014 -Sept 201512 months Monthly Totals_ South Tower Site $ 5,142.78 Simulcast Control Point $ 3,345.65 North Tower Site $ 4,472.35 Fellsmere Tower Site $ 2,602.89 Dispatch Equipment $ 4,992.01 Hobart Tower Site $ 1,209.86 Egret Marsh Site 1st year $ 3,536.01 Fuel Adjustment $ 75.00 Total Monthly Maintenance for Sites: $ 25,376.55 Total Oct -Sept Maintenance: $304,518.60 The Consumer Price Index Southeast Urban Region of 1.2% has been added to each equipment line item that was on 2013-2014 agreement: 465 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION CONSENT AGENDA DIN1 DATE: August 13, 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. 2014042 — Golf Cart Concrete Path Repairs BACKGROUND: Sandridge Golf Course requested the solicitation of bids for improvements to concrete cart paths. The proposed work includes repair to damaged sections of existing path and some sections of new paving. BID RESULTS: Bid Opening Date: July 22, 2014 Advertising Date: June 28, 2014 Demandstar Broadcast to: 711 Subscribers Specifications/Plans Downloaded by: 21 Vendors Replies: 6 Vendors Bidder Location Base. Bid Price Dato Construction Vero Beach, FL $49,477.64 Las Contracting Corp* Tampa, FL DQ Sunshine Land Design, Inc. Stuart, FL $51,178.61 Timothy Rose Construction Vero Beach, FL $45,619.00 Florida Site Contracting Vero Beach, FL $49,484.00 Stillwater Construction, Inc. Malabar, FL $24,320.00 *Las Contracting disqualified for failure to provide bid security. Due to the significant difference between the two lowest bids, Sandridge staff met with representatives of the low bider, Stillwater Construction, Inc. to review the project requirements. During this meeting it was determined the contractor's bid was based on the planned use of heavy equipment, which Sandridge staff will not allow due to potential for damage to the course. P-\Bids\2013-2014 FY (2014000)\2014042 Cart Path Repairs\Agenda-2014042.doc 466 Neer CONSENT AGENDA Heavy equipment was not explicitly excluded in the bid documents, therefore staff offered the opportunity for the contractor to request to withdraw their bid (upon Board authorization) without repercussion. The contractor indicated they intend to do the work without heavy equipment at their submitted bid price, and has provided a work plan that meets with staff approval for execution of the work. Stillwater Construction, Inc. has not worked for the County previously, but did provide references upon request, which were contacted by the Purchasing Division. Both the Project Manager and Engineering Inspector for a City of Melbourne HUD/CDBG funded sidewalk project (for $44,091.15) returned completed past performance surveys with positive comments. Other references did not return the form, however a representative of Nerve Cody Construction was reached by phone and stated he had personally used Stillwater on three or four projects of varying size and they performed "excellent work." Stillwater has provided all required and requested insurance documents, which have been approved by Risk Management. Their required licenses are also in good standing. Based upon the information available, staff considers Stillwater to be the lowest responsive and responsible bidder. SOURCE OF FUNDS: Funding in the amount of $24,320 is available in the Golf Course Maintenance, Other Contractual Services Account. Account: Number Account Description �. , - ;Budget Amount 41822172-033490 Golf Course Maintenance — Other Contractual Services $24,320 RECOMMENDATION: Staff recommends the Board approve award to the lowest responsive and responsible bidder, Stillwater Construction, Inc. for $24,320 and authorize the Chairman to execute the attached agreement upon review and approval by the County Attorney as to form and legal sufficiency. ATTACHMENTS: Agreement APPROVED AGENDA ITEM BY: Q5.4 osephuA. Baird, County Administrator P.\Bids\2013-2014 FY (2014000)\2014042 Can Path Repairs\Agenda-2014042. doc Indian River Co A.. .used Date AdminE_�! $ /j jl �%%% Legal Budget 4 X30 General Services -- i" )3-/V Risk Jf/ c-13-'0 467 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 51-, / I jel C. (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: Miscellaneous cart path repairs and improvements at Sandridge Golf Course. 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: Sandridge Golf Course Cart Path Repairs Bid Number: 2014042 Project Address: Sandridge Golf Club 5300 73rd Street Vero Beach, FL 32967 ARTICLE 3 - CONTRACT TIMES 3.01 Term: This Agreement shall remain in effect for a term of one (1) year, unless otherwise sooner terminated by mutual consent of the parties. 3.02 Time of Completion: Project shall be completed (CO days from receipt of the Notice to Proceed. ARTICLE 4 - CONTRACT PRICE 4.01 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 4.01.A and summarized in paragraph 4.01.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: $ 2L/ Z? Page 1 of 6 468 Written Amount: 71\.-' e"tY (Gus A\Atti.c4L,c1 t -\,\/e C' \Vt LCI{c 1 \ c.c ARTICLE 5 - PAYMENT PROCEDURES 5.01 Owner shall make only one payment for the entire amount of the contract when the work has been completed. Upon a determination of satisfactory completion, the COUNTY Project Manager will authorize payment to be made. All payments for services shall be made to the CONTRACTOR by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). ARTICLE 6 — INSURANCE AND INDEMNIFICATION 6.01 The CONTRACTOR shall not commence work on this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the COUNTY's Risk Manager. 6.02 CONTRACTOR shall procure and maintain, for the duration of this Agreement, the minimum insurance coverage as set forth herein. The cost of such insurance shall be included in the CONTRACTOR's fee: A. Workers' Compensation: To meet statutory limits in compliance with the Workers' Compensation Law of Florida. This policy must include employers' liability with a limit $1,000,000 for each accident, $500,000 disease policy limit and $100,000 disease each employee. Such policy shall include a waiver of subrogation as against Owner on account of injury sustained by an employee(s) of the CONTRACTOR. B. General Liability: A per occurrence form policy, including Premise Operations, Independent Contractors, Products and Completed Operations including X, C, U (Explosion, Collapse, Underground) Broad Form Property Damage, Broad Form Property Damage Endorsement, with a combined single limit of not Tess than $1,000,000 general aggregate to include products/completed operations, personal injury/advertising liability, fire damage /legal liability, and medical payments. Limits can be layered with an Excess Liability Policy (Umbrella). C. Business Automobile Liability: Coverage shall include Owned vehicles and Hired/Non-Owned vehicles, for a combined single limit (bodily injury and property damage) of not less than $1,000,000/combined single limit (Bodily Injury/Property Damage); personal injury protection - - statutory limits; $100,000 uninsured/underinsured motorist; $100,000/hired/non-owned auto liability. Limits can be layered with Excess Liability Policy (Umbrella). 6.03 Contractor's insurance coverage shall be primary. 6.04 All required insurance policies shall be placed with insurers licensed to do business in Florida and with a Best's rating of A -VII or better. 6.05 The insurance policies procured shall be occurrence forms, not claims made policies with the exception of professional liability. 6.06 A certificate of insurance shall be provided to the COUNTY's Risk Manager for review and approval, ten (10) days prior to commencement of any work under this Agreement. The COUNTY shall Page 2 of 6 469 be named as an additional insured on all policies except workers' compensation and professional liability. 6.07 The insurance companies selected shall send written verification to the COUNTY's Risk Manager that they will provide 30 days prior written notice to the COUNTY's Risk Manager of its intent to cancel or modify any required policies of insurance. 6.08 CONTRACTOR shall include all Subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each Subcontractor. All coverages for Subcontractors shall be subject to all of the requirements stated herein. 6.09 The COUNTY, by and through its Risk Manager, reserves the right periodically to review any and all policies of insurance and to reasonably adjust the limits of coverage required hereunder, from time to time throughout the term of this Agreement. In such event, the COUNTY shall provide the CONTRACTOR with separate written notice of such adjusted limits and CONTRACTOR shall comply within thirty (30) days of receipt thereof. The failure by CONTRACTOR to provide such additional coverage shall constitute a default by CONTRACTOR and shall be grounds for termination of this Agreement by the COUNTY. 6.10 The CONTRACTOR shall indemnify and hold harmless the COUNTY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, arising out of or related to the negligence, recklessness, or intentionally wrongful conduct of the CONTRACTOR and other persons employed or utilized by the CONTRACTOR in the performance of this Agreement. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 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. 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. Page 3 of 6 470 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 8 - CONTRACT DOCUMENTS 8.01 The Contract Documents consist of the following: A. This Agreement (pages 1 to 6 inclusive); B. Certificates of Liability Insurance C. Invitation to Bid 2014042 D. CONTRACTOR'S Bid Form (pages 15 to 16 of 26 , inclusive); E. Affidavit of Compliance (page 17 of 26 ); F. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 18 to 19 of 26 , inclusive); ARTICLE 9 - MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.02 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), Page 4 of 6 471 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. 9.03 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. 9.04 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. 9.05 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. 9.06 Public Records Compliance 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. Page Sof 6 472 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on , 20_ (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY CONTRACTOR: By: By: AMel.-19- L- VIAA-1(0,21 Peter D. O'Bryan, Chairman (Contractor) APPR By: Baird, County Admini trator TORDI: SUFFICIENCY: i7 1 O Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: (SEAL) Deputy Clerk Designated Representative: Name: Bela Nagy Title: Director of Golf Sandridge Golf Club 5300 73rd Street Vero Beach, FL 32967 (772) 770-5003 Facsimile: (772) 770-5109 Page 6 of 6 Address for giving notices: S 5 S C t- c (. (AA.._ jV� ci (0. to et r (F'1 4- 3 sa License No. Cf-,Gt SI 9 7Ci 1 (Where applicab Agent for service of pr 7 G /141 /0/%I Designated Representative: Name: n1' lett 4. 104 [lot`! Title: fcsrdr', Address: •�5 S (4 /1-,S Dti\ CCt h c - V v-, i s lac r F 1 A C>.s 2' Phone: 521 - Scd' - / 3 7'I Facsimile: 3 2 I - Cc 74 - 6'9 ‘/ (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 473 Leslie R. Swan Supervisor of Elections Indian River County August 11, 2014 The Honorable Peter O'Bryan, Chairman Board of County Commissioners 1800 27th Street, Building A Vero Beach, FL 32960 Dear Commissioner O'Bryan: The City of Fellsmere recently approved a voluntary annexation on the northwest corner of County Road 512 and the Park Lateral canal. The annexation includes 7.3 acres. Previous to this annexation, voting Precinct #2 housed all of the residents residing in the City of Fellsmere. The newly annexed land is currently housed in Precinct #3. The Supervisor of Elections precinct map currently reflects a "split" in Precinct #3 with this annexation, with the majority of the residents residing outside of the city limits and two (2) voters residing within the city limits. I am requesting approval from the Board of County Commissioners to redraw the current Precinct #2 boundary lines to include the newly annexed land, thus there would be no "split" in Precinct#3. Florida Statute 101.001 (1) The board of county commissioners in each county, upon the recommendation and approval of the supervisor, shall alter or create precincts for voting in the county. Each precinct shall be numbered and, as nearly as practicable, composed in contiguous and compact areas. The supervisor shall designate a polling place at a suitable location within each precinct. The precinct shall not be changed thereafter except with the consent of the supervisor and a majority of the members of the board of county commissioners." ro Beach, FL 32967 Office: (772) 226-3440 ( Fax: (772) 770-536.7'1 Page Two (2) August 11, 2014 My goal is to have the new precinct lines in effect as soon as possible, therefore there will be no "split" in Precinct #3 during the 2014 General Election which includes the City of Fellsmere City Council Elections. I respectfully request your approval to move the boundaries for voting Precinct #2 to coincide with the new City of Fellsmere boundary lines. Sincerely, Leslie R. Swan Supervisor of Elections Enclosures 475 Fellsmere grows by another 7 acres with requested annexation - VeroNews: Fellsmere Go... Page 1 of 1 Fellsmere grows by another 7 acres with requested annexation Posted: Friday, August 8, 2014 10:23 am FELLSMERE — The City of Fellsmere is another seven acres bigger after the Fellsmere City Council unanimously approved a voluntary annexation on the northwest corner of County Road 512 and the Park Lateral canal. Dominic and Luanne Foti asked the Council to annex their newly acquired 7.3 -acre property that fronts 141st Avenue and 91st Street. "Welcome to town," Mayor Susan Adams told the Fotis after the vote. "We're happy to have you." Fellsmere City Hall City Manager Jason Nunemaker told the Council prior to the vote that the Fotis plan to establish an events venue on their property, which would be "exciting" for the City of Fellsmere. He explained that having such venues to hold weddings, receptions and other events is much needed in the city. POLICE PUBLIC WORK S "I'm very happy to have them on board," Nunemaker said. Though the Fotis could have pursued their plans without being annexed into the city, Dominic Foti told the Council in July that they want to have that connection with the community. When he and his wife moved from New England, Foti said they did their research and were impressed with Fellsmere's "scrappy" personality – having been forged from the marsh. They wanted a farm site that they could fix up and make operational again as well as use it as a backdrop for special events. Foti also hopes to work with the School District as a place for school children to take field trips and learn about farms. Not much is expected to change on the City's part for having annexed the property. The Council was clear that being annexed would not mean getting the road paved or other such benefits some might expect with an annexation. http: //www. veronews. com/news/fel l smere/government/fel l smere-grows-by-another-acres-w... 8/8/2014 Leslie Swan From: Jason Nunemaker <citymanager@cityoffellsmere.org> 1okla„ Sent: Monday, August 11, 2014 10:08 AM To: Leslie Swan Subject: RE: Foti Annexation Yes ma'am, it was finalized at the second and final hearing on 8/7. Jason R. Nunemaker, ICMA-CM City Manager City of Fellsmere 22 S. Orange Street "The Old School" Fellsmere, Florida 32948-6714 Phone: (772) 646-6303 Fax: (772) 571-8615 Http://www.CityofFellsmere.org Twitter: FeflsmereCtyMgr The truth is not for all men, but only for those who seek it. tr,,. From: Leslie Swan[mailto:IswanCa�voteindianriver.comj Sent: Monday, August 11, 2014 10:04 AM To: Jason Nunemaker Subject: RE: Foti Annexation Jason, I am just confirming that I am not jumping the gun, and that this annexation has final approval from your City Commissioners? Leslie Leslie Rosswar Swwnn, CERA Supervisor of Elections Indian River County 4375 43" Avenue enue Vero Beach, FL 32967 Phone: (772) 226-3435 Fax: (772) 770-5367 Email: LSwan@voteindiai vei°.cc Web: www,VotelndianRiver.corn 1 477 Leslie Swan From: Jason Nunemaker <citymanager@cityoffellsmere.org> "111r"' Sent: Monday, August 11, 2014 9:57 AM To: Leslie Swan Cc: cityclerk@cityoffellsmere.org Subject: FW: Foti Annexation Attachments: CC.agenda.8.7.14.doc; Ex A.pdf; Ex B - AA 4-5-14.pdf; Ordinance No. 2014-07 4-15-14 Draft .pdf Leslie, Thanks for reaching out to me this morning. As we discussed we will add you to the list of agencies we copy regarding annexation. I've attached the agenda backup for the annexation that contains the legal and I've also listed it here: Tract 1765 (less the East 175 feet) of FELLSMERE FARMS COMPANY SUBDIVISION, of all unsurveyed part of Township 31 South, Range 37 East, according to the plat of said subdivision filed in the office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, Pages 1 and 2; said lands now Tying and being in Indian River County, Florida. This property is also described as: Tract 1765 of Replat of Tracts 1728 and 1765 of FELLSMERE FARMS COMPANY SUBDIVISION (being a Replat of Fellsmere Gables) in Township 31 South, Range 37 East, according to the plat filed in the office of the Clerk of the Circuit Court of Indian River County, Florida, in Plat Book 2, Page 36; said lands now Tying and being in Indian River County, Florida. LESS AND EXCEPT the right of way for State Road 512, as set forth in Deed Book 54, Page 225, of the Public Records of Indian River County, Florida. Jason R. Nunemaker, ICMA-CM City Manager City of Fellsmere 22 S. Orange Street "The Old School" Fellsmere, Florida 32948-6714 Phone: (772) 646-6303 Fax: (772) 571-8615 Http://www.Cityof Fel is m ere. o rg Twitter: FellsmereCtyMgr The truth is not for all men, but only for those who seek it. From: Mark mathes [mailto:cdd@ cityoffellsmere.orgj Sent: Wednesday, July 23, 2014 4:36 PM To: 'Debbie Krages' Cc: 'Jason Nunemaker' Subject: Foti Annexation Hi Deb, Please be sure all items are included in the agenda for August 8th. Thanks, 1 478 Mark D. Mathes Community Development Director City of Fellsmere 22 S. Orange St. Fellsmere, FL 32948 772-646-6315 2 479 City of Fellsmere City Council Agenda Request Form Meeting Date: August 7, 2014 [X] PUBLIC HEARING [] RESOLUTION [X] Ordinance on Second Reading [ ] Public Hearing [ ] DISCUSSION [ ] ORDINANCE ON FIRST READING [] BID/RFP AWARD [ ] GENERAL APPROVAL OF ITEM [] CONSENT AGENDA [I Other: SUBJECT: Request for Voluntary Annexation from Mr. & Mrs. Foti for property located at 9155 141st Avenue, Fellsmere, Florida. RECOMMENDED MOTION/ACTION: Conduct public hearing and adopt Ordinance #2014-07. Approved by City Manager Date: Originating Department: Community Development Costs: $ Funding Source: Acct. # Attachments: 1. Ordinance 2014-07 2. Site Location Map 3. Annexation Agreement Department Review: [X] City Attorney [ ] Finance [ ] Public Works [] City Engineer [ ] City Clerk [ ] Comm. Dev. [ ] FPD [X] City Manager Advertised:All Date: parties that have an interest in this agenda item must be notified of meeting date and time. The following box must be filled out to be on agenda. Yes I have notified everyone _ or Not applicable in this case X Paper: [ ] Not Required (Please initial one.) Submittal information: Council meets on the first and third Thursdays of each month. Agenda submittal deadline to the City Clerk is 5:00 p.m. of the last and second Thursday of each month. Therefore the deadline of the Agenda Request Form to the City Manager shall be the last and second Monday prior to the Thursday deadline. Summary Explanation/Background: Mr. & Mrs. Foti of 9155 141st Avenue, Fellsmere, Florida have applied for voluntary annexation into the City. The property is contiguous to the Garafalo Tract opposite CR -512 along its northwest corner. The parcel is approximately 7.32 acres and contains a home and various agriculturally related outbuildings. The Applicant has expressed an interest in developing an outdoor event venue on the property for weddings, photo location, etc. This type of use is comparable to allowed uses under the County's current Ag -2 Agricultural future land use designation and A-2 zoning district. The Applicant is wishing to annex into the City and maintain the County land use and zoning district for the time. The property fronts both 141st Avenue and 91st Street. Adequate right-of-way seems to exist on 141st Avenue but a clear deficit of right-of-way exists along 91st Street. Water and sewer facilities do not currently extend to the property; however the existing uses (SF home) and outdoor events could be accommodated on well and septic subject to Health Department approval. The attached Annexation Agreement contains standard conditions including connection to sanitary sewer and central water upon the City's determination. Please see attached location map. 480 X W 481 4-15-14 WWD ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT, entered into this day of 2014, between the CITY OF FELLSMERE, FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as "City") and DOMINIC PAUL FOTI and LUANNE LYNN FOTI, husband and wife (hereinafter collectively referred to as "Owner/Developer"). RECITALS WHEREAS, Owner/Developer owns property (hereinafter referred to as the "Property") in Indian River County, Florida, as more particularly described in Exhibit "1" attached hereto and incorporated herein by this reference; and WHEREAS, at this time the Owner/Developer has no specific plans to develop the Property and has requested that the Indian River County Comprehensive Plan designation and zoning district classification remain in place on the Property; and WHEREAS, as a part of its plan for annexation, future comprehensive plan amendment and rezoning of the Property, the Owner/Developer and City wish to plan for compatibility with the surrounding area and assure the installation of proper public and private facilities and services; and WHEREAS, the City is authorized to regulate development of the Property. NOW, THEREFORE, for and in consideration of the premise, the annexation of the Property and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledge, the parties agree as follows: 1. The City shall not be required or obligated in any way to pay for, construct or maintain or participate in the construction or maintenance of the improvements required by this Agreement, except for maintenance of improvements dedicated to and accepted by the City. The Owner/Developer, its grantees, successors or assigns in interest or an association and/or assigns satisfactory to the City shall be responsible for the perpetual maintenance of all EXHIBIT "B" To ORDINANCE No. 2014-07 - Page 1 of 5 - w:\city of fellsmere\fon annexation 14-098\annexation agreement-4-15-14.doc 482 4-15-1.1 WWD improvements not dedicated to and accepted by the City. 2. In connection with its development of the Property, Owner/Developer shall be required to install or have installed by private providers, where applicable, all private utilities (electric, cable, gas), surface water or stormwater management systems, water and wastewater facilities, that relate to the overall development to meet City specifications and determination, concurrency management requirements of the City, County or other regulatory agencies, and the City's Land Development Codes. All utilities shall be underground. 3. The Owner/Developer acknowledges responsibility to obtain all required Federal, State, County and Local permits as may be applicable to the development of the Property. The Owner/Developer shall comply with all regulations and ordinances of the City for the development of the Property. 4. The Owner/Developer shall construct both on-site and off-site wastewater collection and force main system facilities per City specifications and determination. Upon request by the City, the Owner/Developer shall dedicate the utility improvements to the City. Any line sizing beyond the level required to support development of the Property shall be constructed by the Owner/Developer with provisions made to allow the Owner/Developer to recover any costs resulting from the upsizing from future developers. The Owner/Developer shall provide permanent standby emergency generators and radio telemetry units with each sewer pump station constructed by the Owner/Developer to serve the development of the Property. 5. All public or private improvements required under the terms of this Agreement or by the City's regulations/codes, shall be constructed at the expense of and by the Owner/Developer as approved by the City. 6. Owner/Developer shall contract for solid waste pick up services to serve the Property at such time it is developed. 7. The Owner/Developer owns land fronting on 91st Street and 141st Avenue and shall dedicate without compensation one-half (1/2) of land for the ultimate right-of-way for 91st Street which is approximately twenty (20) feet or as determined by the City when requested by the EXHIBIT "B" To ORDINANCE No. 2014-07 -- Page 2of5- W:\City of Fellsn,ere\FOTI Annexation 14-098\Annexation Agreement-4-I5-14.doc 483 4-15-14 H'H'D City and for the ultimate right-of-way for 141s` Avenue when requested by the City. 8. In the event of a violation of any of the provisions contained in this Agreement, the City shall have the right to refuse to issue any Building Permits or Certificates of Occupancy as the case may be for the development of the Property until such violation(s) is/are corrected. This Agreement may also be enforced by all appropriate Sections of the Code of Ordinances and the Land Development Code of the City, as they may be amended, as well as through Code Enforcement action and/or other appropriate legal action. 9. Owner/Developer, upon execution of this Agreement, shall pay to the City the cost of recording Ordinance No. 2014-07 in the Indian River County Clerk's Office. 10. This Annexation is subject to various provisions contained in Chapter 171 Florida Statutes, Municipal Annexation or Contraction. A substantial portion of the boundary of the Property is contiguous to the City. "Contiguous" is defined in Section 171.031(11) F.S. to mean "that a substantial part of a boundary of the territory sought to be annexed by a municipality is coterminous with a part of the boundary of the municipality." Should there be any legal challenge to the annexation of the Property, whether based on contiguity, enclaves, Comprehensive Plan inconsistencies, zoning or otherwise, the Owner/Developer agrees to assume all risk to Owner/Developer associated with the challenge. The Owner/Developer further agrees to indemnify and hold harmless the City from all claims, suits, judgments, attorneys' fees and costs in any way arising out of or relating to the annexation of the Property. 11. This Agreement shall be binding on and inure to the benefit of the parties hereto and their successors or assigns. This Agreement shall run with the Property and be binding upon any person, firm or other entity who may become the successor in interest directly or indirectly to the Property, and such successor shall be subject to the above referenced conditions as approved by the City Council on , 2014. In the event a court of competent jurisdiction issues a final order declaring the annexation to be in violation of the law, the Owner/Developer agrees that the City will adopt an ordinance in accordance with Section 171.051 for the sole purpose of contraction of the municipal boundaries to remove EXHIBIT "B" To ORDINANCE No. 2014-07 - Page 3of5- W:\CityofFellsmere\FOTI Annexation 14-0981Antexation Agreement-4-15-14.doc 484 4-15-14 WW1) the Property from the City limits, without any liability whatsoever to the City. 12. The terms "dedicate", "dedication" or "convey" as used in this Agreement mean to transfer ownership to the City or other governmental body without any cost to or payment by the City or other governmental body. IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed all as of the date and year first written above. ATTEST: CITY OF FELLSMERE, FLORIDA 21 S. Cypress Street Fellsmere, Florida 32948 SUSAN P. ADAMS, MAYOR DEBORAH C. KRAGES, CITY CLERK As Approved by the Council on (S E A L) STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of , 2014, by SUSAN P. ADAMS, Mayor of the CITY OF FELLSMERE, FLORIDA, who is personally known to me or who produced as identification. (SEAL) NOTARY PUBLIC Print Name: My Commission Expires: EXHIBIT "B" To ORDINANCE No. 2014-07 Page 4 of 5 W:\City of Fcllsmere\FOTI Annexation 14-098\Annexation Agreement-4-15-14.doc 485 4-15-14 WWD Owner/Developer Dominic Paul Foti and Luanne Lynn Foti 1140 Luminary Circle, Unit 105 Melbourne, Florida 32901 Witness Print Name: Dominic Paul Foti Witness Print Name: Witness Print Name: Luanne Lynn Foti Witness Print Name: STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this day, before me an Officer duly authorized in the State and in the County aforesaid to take acknowledgements, personally appeared Dominic Paul Foti and Luanne Lynn Foti, personally known to me to be the persons described in the foregoing instrument or who have provided a driver's license as identification, who executed the foregoing instrument and acknowledged before me that they executed the same. WITNESS my hand and official seal this 2014. (SEAL) day of NOTARY PUBLIC, STATE OF FLORIDA Print Name: My Commission Expires: My Commission No.: EXHIBIT "B" To ORDINANCE No. 2014-07 - Page 5 of 5 - W :\City of Fellsmere\FOTI Annexation 14-098\Annexation Agreement -4- 15-14.doc 486 WWD4-1i-14 DRAFT ORDINANCE No. 2014-07 AN ORDINANCE OF THE CITY OF FELLSMERE, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR VOLUNTARY ANNEXATION OF ACRES MORE OR LESS, LOCATED AT 9155 141ST AVENUE INTO THE CITY OF FELLSMERE; PROVIDING FOR RATIFICATION; PROVIDING FOR LEGAL DESCRIPTION OF THE PROPERTY ANNEXED; PROVIDING FOR REDEFINING THE BOUNDARY OF THE CITY LIMITS; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR FILING WITH THE CLERK OF THE CIRCUIT COURT, DEPARTMENT OF STATE AND THE CHIEF ADMINISTRATIVE OFFICER OF INDIAN RIVER COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Dominic Paul Foti and Luanne Lynn Foti, husband and wife (the "Owner"), the Owner of the land described herein, has petitioned the City for voluntary annexation of said land and due public notice of this action has been given; and WHEREAS, the City Council has determined that the land described herein is substantially contiguous to the present boundary of the City, will not result in the creation of any enclaves and constitutes a reasonably compact addition to the incorporated territory of the City; and WHEREAS, the City Council of the City of Fellsmere, Florida, finds and determines that the annexation of said land is in the best interest of the City. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FELLSMERE, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: SECTION 1. RATIFICATION. The above recitals are hereby ratified, confirmed, adopted and incorporated herein as legislative findings of the City Council. SECTION 2. PROPERTY ANNEXED. The following described land being situated in the unincorporated area of Indian River County, State of Florida, is hereby annexed into the City of Fellsmere, Florida: Tract 1765 (less the East 175 feet) of FELLSMERE FARMS COMPANY SUBDIVISION, of all unsurveyed part of Township 31 South, Range 37 East, according to the plat of said subdivision filed in the office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, Pages 1 and 2; said lands now lying and being in Indian River County, Florida. This property is also described as: Tract 1765 of Replat of Tracts 1728 and 1765 of FELLSMERE FARMS COMPANY SUBDIVISION (being a Replat of Fellsmere Gables) in Township 31 South, Range 37 East, according to the plat filed in the office of the Clerk of the Circuit Court of Indian River County, Florida, in Plat Book 2, Page 36; said lands now lying and being in Indian River County, Florida. LESS AND EXCEPT the right of way for State Road 512, as set forth in Deed Book 54, Page 225, of the Public Records of Indian River County, Florida. The annexed land is also shown on the map attached hereto, as Exhibit "A", and by this reference Page I of 3 u•: ,city of fellsmere'fini annexation 14-098ordinance no. 2111 4-0 7 4-15-14 dryj .rbc 487 WWD 4-15-14 DRAFT made a part hereof. SECTION 3. BOUNDARY OF CITY LIMITS REDEFINED. On the effective date of this Ordinance, the corporate limits and boundary lines of the City of Fellsmere, Indian River County, Florida, shall be redefined to include therein the above described land. SECTION 4. INTERIM LAND USE AND ZONING CLASSIFICATION. The interim land use and zoning classifications for this property shall be consistent with the provisions of State law. SECTION 5. FILING. Following adoption of this Ordinance, the City Clerk is hereby directed to file a copy with the Clerk of Circuit Court, Indian River County, Florida, the Chief Administrative Officer of Indian River County, Florida and with the Department of State within seven (7) days after adoption. Following adoption of this Ordinance, the City Clerk is hereby directed to file a revision of Article 1 Boundaries of the City Charter with the Department of State within thirty (30) days after adoption. The City Clerk is also hereby directed to submit within said thirty (30) days a copy of such revision to the Office of Economic and Demographic Research along with a statement specifying the population census effect and the affected land area. SECTION 6. SEVERABILITY. If any section, part of a sentence, phrase or word of this Ordinance is for any reason held to be unconstitutional, inoperative or void, such holdings shall not affect the remaining portions hereof and it shall be construed to have been the legislative intent to pass this Ordinance without such unconstitutional, invalid or inoperative part. SECTION 7. CONFLICTS. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of conflict. SECTION 8. EFFECTIVE DATE. Following its adoption and recordation, including the Annexation Agreement attached hereto as Exhibit "B", signed by the Owner/Developer and any Mortgagee(s), this Ordinance shall become effective. The foregoing Ordinance was moved for adoption by Council Member The motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: Mayor, Susan P. Adams Council Member Fernando Herrera Council Member Joel Tyson Council Member Sara J. Savage Council Member Jessica Salgado The Mayor thereupon declared this Ordinance fully passed and adopted this day of ATTEST: , 2014. Deborah C. Krages, City Clerk CITY OF FELLSMERE, FLORIDA Susan P. Adams, Mayor Page 2 of 3 ur wiry o(jell i, ere! ioi annexation 14-09N»nlinance no. 2011-07 4-15-14 (11.0 .cloc 488 WWD4-l5-14 DRAFT I HEREBY CERTIFY that Notice of the public hearings on this Ordinance was published in the Press Journal, as required by State Statute, that the foregoing Ordinance was duly passed and adopted on the day of , 2014, and the first reading was held on the day of , 2014, and that the first public hearing was held on the day of , 2014, and that the second and final reading was held on the day of , 2014. Deborah C. Krages, City Clerk -- Page 3of3- u•: cii o1./ellsnrere,fntl annexation 14-098 ordinance no. 2014-07 4-15-14 draft .doc 489 July 18, 2014 Sheriff Deryl Loar Indian River County The Honorable Peter D. O'Bryan, Chairman Indian River County Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 Dear Chairman O'Bryan: On May 31, 2014, my office participated in a public auction of surplus property and vehicles. We netted $66,408 from this function. In keeping with past practice, I am requesting the proceeds be used to acquire new like - kind property within the current fiscal year pursuant to Chapter 274, Florida Statutes. Please place this item under Constitutional Officers for the August 19, 2014 board agenda. If you have any questions or need additional information, please let me know. Sincerely, Deryl Loar, Sheriff DL:ltj cc: Joseph A. Baird, County Administrator Jason E. Brown, OMB Director Kelly Goodwin, Comptroller 4555 41s` Avenue, Vero Beach, Florida 32960 www.ircsheriff.org (772) 569-6700 90 July 18, 2014 Sheriff Deryl Loar Indian River County The Honorable Peter D. O'Bryan, Chairman Indian River County Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 Dear Chairman O'Bryan: Please accept this letter as my request to be placed on the Board of County Commissioner's meeting agenda to discuss expenditure from the Criminal and Sex Offender Registrant Fee account. I am requesting $20,500 from the account to apply to the purchase of the following items: Chairs $ 2,000 Paper $ 2,000 Booking Camera $ 3,000 Laser Printers (B&W) $ 3,000 Laser Printer (Color) $ 1,500 Booking Work Station $ 4,000 Desktop Computers $ 3,000 Battery Backups $ 2,000 TOTAL $ 20,500 Please place this item under Constitutional Officers for the August 19, 2014 board agenda. If you have any questions or need additional information, please let me know. Sincerely, Deryl Loar, Sheriff DL:ltj Attachment cc: Joseph A. Baird, County Administrator Jason E. Brown, OMB Director Kelly Goodwin, Comptroller 4055 41st Avenue, Vero Beach, Florida 32960 www.ircsheriff.org (772) 569-6700 91 Section 306.07. Registration fees for career offenders, convicted felons, sexual offenders and sexual predators. (1) Definitions. For the purposes of this section, a registrant shall be defined as follows: (a) (b) (c) (2) Registered sexual offender or registered sexual predator means an individual who is required to register with the sheriff as a "sexual offender" or "sexual predator", as prescribed under F.S. §§ 775.21, 943.0435 and 944.607, (also known as the Florida Sexual Predator Act). Convicted felon means an individual who is required to register with the sheriff as a convicted felon as prescribed under F.S. § 775.13. Career offender means an individual who is required to register with the sheriff as a career offender as prescribed under F.S. § 775.261. Initial registration. When a registrant is required to register with the Indian River County Sheriff upon release from incarceration or upon their arrival in Indian River County as a temporary or permanent resident pursuant to F.S. §§ 775.13, 775.261, 775.21, 943.0435 and 944.607, the registrant shall pay an initial registration fee that shall be set by resolution of the board. (3) Fee for current registrants. For each career offender, convicted felon, sexual offender and sexual predator, that is currently registered, the initial registration fee shall apply during their first initial registration or re -registration, following passage of this section. (4) Required updates. Any registrant that is required by state law to periodically update or otherwise validate a registrant's information based on the requirements of F.S. §§ 775.21, 943.0435 and 944.607, shall pay a re -registration fee to be set by resolution of the board. (5) Change of address. A registrant that reports to the sheriff a change, modification or addition in either a temporary or permanent address (excluding changes made during required quarterly/biannual re -registrations) whereby theindividual's change of address requires personal verification shall pay a fee to be set by resolution of the board. (6) 492 Exemptions and failure to pay registration fees. The sheriff shall not refuse to register, re -register or modify an address, or required information of a registrant who does not pay the fee, at the time of registering, as required by this section. (a) (b) (c) (d) (e) The sheriff shall immediately invoice all unpaid fees, and provide a copy to the convicted felon, career offender, sexual offender or sexual predator; for payment. All invoiced fees shall be paid within thirty (30) days of invoicing. Any portion of invoiced fees which remain unpaid after thirty (30) days may result in civil enforcement in accordance with F.S. Ch. 125.01(1)(t) and Ch. 125.69(1). The sheriff shall report unpaid fees in accordance with standard accounting practices and the county may seek to recover said fees in a civil action in the same manner as other money due the county. The sheriff shall not require the payment of any fee from an unemancipated minor, juvenile sexual offender or juvenile sexual predator who is less than eighteen (18) years of age; until said individual reaches eighteen (18) years of age; at which time the applicable fees shall apply. Registrations with the sheriff, upon reaching age of majority or emancipation, shall constitute an initial registration. The sheriff shall not require the payment of any fee from an individual whose change of address is the result of their incarceration. An incarcerated individual's initial registration and re -registration fees (quarterly or biannual) still apply, and shall be collected. Disposition of collected registration fees. Fees collected pursuant to this section shall be remitted to the county and shall be used for reimbursement of expenses incurred by the Indian River County Sheriffs Office in the administration of this section or for crime prevention, school resource officer programs, safe neighborhood programs, programs and training in protecting children from harm by sexual offenders and sexual predators, drug abuse and prevention programs, or for other law enforcement purposes. Any surplus funds remaining in the revenue account established for this program at the end of each fiscal year shall be transferred to the county's general fund. Penalties. A person who fails to pay all applicable registration fees in accordance with this section, or who violates any part of this section shall be subject to a fine not 493 exceeding five hundred dollars ($500.00) in accordance with F.S. §§ 125.01(1)(t) and 125.69(1). (9) Applicability. This section shall apply to incorporated as well as unincorporated areas of Indian River County. (Ord. No. 2009-006, § 1, 6-9-09) 494 August 12, 2014 Mr. Joe Baird, County Administrator Indian River County 1840 25th St Vero Beach, Florida 32960 Sheriff Deryl Loar Indian River County RE: Notice of Request to be placed on the August 19, 2014 Board of County Commission Agenda Dear Mr. Baird, Please allow this letter to serve as a request to be added to the Constitutional Officers and Governmental Agencies portion of the August 19, 2014 BCC agenda. Indian River County Sheriff's Office is applying for the Department of Homeland Security Operation Stonegarden Grant. This grant, if approved, will provide funds to cover maintenance of aviation and marine equipment as well as provide overtime salaries for intercoastal details. The total dollars earmarked for this grant is $46,968.00 and no match is required. The application, along with the Indian River County Finance Office grant form, is included with this request. Should you have any questions, please contact Planner, Amber Grier, at 772-978-6214. Thank you for your assistance. Sincerely, r1 Deryl Loar, Sheriff Indian River County DL/kmp Enclosure cc: file NNW 4055 41'' Avenue, Vero Beach, Horida 32960 www.iresheriff.oru (772) 569-6700 GRANT NAME: Operation "Stonegarden Indian River County" GRANT # AMOUNT OF GRANT: $46,968.00 DEPARTMENT RECEIVING GRANT: Indian River County Sheriffs Office CONTACT PERSON: Amber Grier, Planner TELEPHONE: 772-978-6214 1. How long is the grant for? Two (2) Years Starting Date: October 1, 2014 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? Yes X No If yes, does the grant allow the match to be In -Kind services? Yes No 4. Percentage of match to grant 0 % 5. Grant match amount required S 0 00 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? 7. Does the grant cover capital costs or start-up costs? X Yes No If no, how much do you think will be needed in capital costs or start-up costs: $ N/A (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? If yes, please list. (If additional space is needed, please attach a schedule.) Yes X No Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement — Contributions 012.13 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? $ 46,968.00 Grant Amount Other Match Costs Not Covered Match Total First Year $ 23,484.00 $ 23,484.00 Second Year $ 23,484.00 $ 23,484.00 Third Year Fourth Year Fifth Year Signature of Preparer: _ P^ Date: August 11, 2014 496 ON • - O t E(iARD'� 'ER AND BUDGET (OPSG' PLAiTE Op Order Name: Operation "Stonegarden Indian River County" Op Order Number Op Dates: From: 10/01/2014 To: 9/30/2016 Report Date: Executive Summary Operation Stonegarden (OPSG) is funded by the Department of Homeland Security (DHS), led by Customs and Border Protection (CBP) which supports overtime, per diem, and lodging for operational purposes to state, local, and tribal agencies for the purpose of enhancing border security. This funding is designated to enhance cooperation and coordination between Federal, State, and local law enforcement agencies in a joint mission to secure the U.S. borders along routes of ingress and egress leading to and from the United States. The Indian River County Sheriff's Office (IRCSO), Vero Beach Police Department (VBPD), Sebastian Police Department (SPD) and Indian River Shores Public Safety Department (IRSPSD), as the coastal/ local law enforcement agencies in Indian River County Florida, will enhance their capability to detect, prevent, and deter terrorists, weapons of mass effect, smuggling of contraband, and human trafficking. These efforts will reduce crime to ultimately improve the quality of life for the residents of Indian River County. Officers performing duties under this operation will enhance border security, supporting the DHS mission and the National Border Patrol Strategy. Additionally, following an incident, increase our capability to augment operational elements of state law enforcement specialized/technical teams. And lastly, leverage new "safe border" technology to enhance our ability to identify and analyze trends, linkages, and targeting to support the full range of enforcement, to include interdiction, investigation, and adjudication. I. SITUATION A. General Situation: Indian River County's northern border is along the Sebastian Inlet. This local knowledge inlet, along with several miles of undeveloped beaches, has been used for illicit smuggling operations since prohibition. Sebastian Inlet is remotely located between the Ports of Fort Pierce and Canaveral, and thus patrolled less by federal agencies. As security efforts at official ports of entry become more sophisticated and stringent, it is believed that terrorists and other criminals may illegally enter the country between points of entry. Recent history suggests enemies will use asymmetrical means (e.g., small vessel attack, vehicle borne improvised explosive devices) to strike at targets they believe are politically, economically, militarily, and emotionally valuable to the U.S. Historical maritime security efforts within Indian River County have focused primarily on traditional maritime safety and basic law enforcement concerns. Small vessels (under 300 gross tons) travelling adjacent to and through Indian River County can operate (often routinely and with ease) in close proximity to critical infrastructure (CI) and key resources (KR) in nearby Florida ports, which may be potential high-profile targets. Indian River County poses a moderate level of risk due to gaps in situational awareness and Border Patrol & local agency capabilities to mitigate those threats. 1 497 B. Terrain/Weather: 22 1/2 miles of relatively unincorporated Florida coastline coupled with the short distance to the Bahamas, Indian River County provides virtually unlimited opportunities for organizations to use maritime conveyances to smuggle humans, drugs, and other contraband. The Gulf Stream flowing between Florida and the Bahamas is one of the most powerful ocean surface currents in the world. Mariners take full advantage of these currents and prevailing easterly or southerly winds when departing the Bahamas to arrive at the Fort Pierce and/or Sebastian Inlets. C. Criminal Element: The United States Department of Justice National Drug Intelligence Center (NDIC) has designated South Florida as a high intensity drug trafficking area (HIDTA). Because the country has been more diligent in protecting inland borders in recent years, criminal organizations are returning to the seas more to smuggle humans and contraband. Indian River County's economic climate, largely dependent on agriculture and tourism, renders it an ideal destination for human trafficking victims. The rich demographic composition of Florida, ranking third for the number of immigrants living within its borders, provides a steady supply of vulnerable victims for traffickers to prey on. From prostitution to indentured servants to migrant farm workers, Florida exhibits a uniquely high demand for traffickers to profit from. From human smuggling to drugs, criminal organizations have been increasingly targeting the Treasure Coast. While the Miami area and Florida Keys still remain popular destinations for human and drug smuggling, heavy enforcement and prosecutions in those areas may be one reason criminals operating primarily out of the Bahamas are trending north more often. Currently, the U.S. Government has an incomplete knowledge of the international recreational boating public, their travel patterns, and limited information available regarding fishing fleets and the multitude of small commercial vessels operating in or near the U.S. waters adjacent to Indian River County Florida. Small vessels are vulnerable to potential exploitation by terrorists to deliver weapons of mass destruction (WMDs) or Waterborne Improvised Explosive Devices. The ability to track and gather intelligence has become increasingly difficult and the criminal element has become sophisticated with increased counter -intelligence capabilities. This vulnerability is compounded by a very limited advance notice of arrival requirements for most recreational small vessels arriving from abroad and the inability to screen for weapons of mass destruction (WMDs). D. Friendly Forces: Federal: Customs Border Protection (CBP)/Border Patrol (BP), Immigration and Customs Enforcement (ICE), United States Coast Guard (USCG), Federal Bureau of Investigation (FBI). Drug Enforcement Administration (DEA) State: (FWC), Florida Department of Law Enforcement (FDLE), Central Florida Regional Domestic Security Task Force (CFRDSTF), Central Florida Information Exchange (CFIX), Florida Highway Patrol (FHP), Florida Fish and Wildlife Conservation Commission (FWC). Local: Indian River County Sheriff's Office (IRCSO), Vero Beach Police Department (VBPD), Sebastian Police Department (SPD), Indian River Shores Public Safety Department (IRSPSD), Fellsmere Police Department (FPD). 2 498 11. MISSION Operation Stonegarden is designed to coordinate surge efforts between federal and local law enforcement agencies to protect and secure our Nation's borders from terrorist, weapons of mass destruction, contraband smuggling and human trafficking. Increased law enforcement presence along the border will result in the reduction of crimes and improvement of the quality of life for the citizens Indian River County. Through Operation Stonegarden, the IRCSO, VBPD, SPD, & IRSPSD will combine efforts with the Miami Sector Border Patrol to prevent criminal activity. Officers assigned to Operation Stonegarden will enforce applicable state and local laws and regulations within the scope of their authority granted by the State of Florida. These agencies will also coordinate with Border Patrol to help locate wanted subjects, smuggled currency, and smuggled weapons. III. EXECUTION A. ManagementlSupervisor Intent: IRCSO, VBPD, SPD & IRSPSD will increase border security through coordination, collaboration and cooperation with US Border Patrol Miami Sector under the provisions of Operation Stonegarden to establish a common operational picture (COP). The focus of this Operations Plan is aggressive enforcement of Florida law and to deny criminal organizations opportunities to smuggle narcotics and/or contraband and to refuse potential terrorist entry, egress, and access to transportations hubs in the south Florida. B. General Concept: The IRCSO, VBPD, SPD & IRSPSD will conduct "Surge" border security through direct coordination with US Border Patrol, Miami Sector. It is anticipated that the increase in law enforcement presence will significantly impact the ability of criminal organizations to operate in the Miami Sector AOR (Area of Responsibility) in Florida. Intelligence information assessments are critical to this operation, IRCSO will leverage fixed and mobile "safe border character recognition technology to enhance our ability to identify and analyze trends, linkages, and targeting to support the full range of enforcement, to include interdiction, investigation and adjudication. C. Specific Responsibilities: Operation Stonegarden will allow the Border Patrol to partner with local law enforcement agencies resources to target specific areas within Indian River County affected by illicit cross-border trafficking. Resources assisting in the effort include personnel and supporting maritime vessels & aviation assets to assist US Border Patrol. All local surge activities supporting this Operations Order will be coordinated with the US Border Patrol station in their area of operations. D. Coordinating Instructions: Agencies and assets assigned to Stonegarden related operations will coordinate their activities through their chain of command, coordinated with the BP Station responsible for the AOR where specified operations are to be conducted. Agencies will provide assistance to localities used to stage and/or support smuggling/trafficking operations. Agencies will submit Operation Stonegarden Reports using prescribed procedures beginning Operation Stonegarden 2014. A BP representative will coordinate all involvement in supporting this Operations Order with all partnered agencies prior to each operation. The Miami Border Patrol Sector will determine specific operational areas. Agencies will coordinate with the BP to ensure the ability to redirect resources to areas deemed the greatest risk to national security based on the most current intelligence and illegal border related activity trends. 3 499 Federal Request $10,246.00 IV. Budget GRAND TOTAL Indian River County, Florida Costs: $46,968 Operational Personnel Costs = $20,492 Total Equipment/Fuel = $26,476 $46,968 A.1 Cost Estimate/Funding Request (Year 1) 43% 57% 100% Administrative/Logistics/Budget Re• uest Narrative Justification Com•utation of Items) Federal Request Law Enforcement Operational Overtime Since size, scope and frequency of surges may change throughout the year. Program Manager will determine number of sworn personnel needed per operation. The Program Manager will stay within budgeted amounts and will document progress in both operations planning and After -Action Reports. $10,246.00 Boat: Maintenance Cost 25.00 per hour x 6 hrs per day x 3 day detail x 4 quarters per year $1,800.00 Fuel Cost 35 gallons per 6 hour day x 3 day detail x 4 quarters per year x $4.50 per gallon $1,890.00 Helicopter: (OH -58) Maintenance Cost 200.00 per hour x 2 hrs per day x 3 day detail x 4 quarters per year $4,800.00 Fuel Cost 25 gallons per hour 2 hrs per day x 3 day detail x 4 quarters per year x $5.25 per gallon $3,150.00 Vehicle: Maintenance Cost 240 miles per shift x 3 day detail x 4 quarters per year x .18 cents per mile $518.00 Fuel Cost 2,880 miles / 12 MPG x $4.50 per gallon $1,080.00 YEAR 1 - SUBTOTAL $23,484.00 A.2 Cost Estimate/Funding Request (Year 2) Administrative/Logistics/Budg et Request Law Enforcement Operational Overtime Narrative Justification (Computation of Items) Since size, scope and frequency of surges may change throughout the year. Program Manager will determine number of sworn personnel needed per operation. The Program Manager will stay within budgeted amounts and will document progress in both operations planning and After - Action Resorts. 4 500 V. COMMAND/CONTROL/COMMUNICATION A. Chain of Command: Each law enforcement agency will follow its own Chain of Command concept. B. Unit Command: The Indian River County Sheriff's Office Special Operations Section supervisor will function as the detail supervisor during operations. C. Communications Detail: The Indian River County Sheriff's Office Communications Section will coordinate with other Units/Agencies to patch common frequencies. Communications between IRCSO and federal agencies will take place through the utilization of telephone, email correspondence, and other agreed upon electronic means. D. Map Coordinates: Not Applicable Location Zone: Miami Sector ANNEX A. Administration Annex: Indian River County will administer and take fiscal and programmatic responsibilities for grant reporting. The IRCSO Special Operations Section Lieutenant, under the direction of Indian River County Sheriff Deryl Loar, will serve as Program Manager for Operation "Stonegarden Indian River County". B. Execution Annex: Operation Stonegarden will be executed by a joint effort to include: Chief Patrol Agent —CBP Miami Sector Headquarters, (TBD) (305) 810-5120 Indian River County Sheriff's Office — Sheriff Deryl Loar, (772) 978-6404 Vero Beach Police Department — Chief David Curry (772) 978-4610 Sebastian Police Department — Chief Michelle Morris (772) 589-5233 Indian River Shores Public Safety - Chief Michael Jacobs (Acting) (772) 231-1771 5 501 Maintenance 25.00 per hour x 6 hrs per day x 3 day detail x 4 Cost quarters per year $1,800.00 Boat: 35 gallons per 6 hour day x 3 day detail x 4 Fuel Cost quarters per year x $4.50 per gallon $1,890.00 Maintenance 200.00 per hour x 2 hrs per day x 3 day detail x 4 Helicopter: Cost quarters per year x 5.25 per gallon $4,800.00 (OH -58) 25 gallons per hour 2 hrs per day x 3 day detail x Fuel Cost 4 quarters per year x $5.25 per gallon $3,150.00 Maintenance 240 miles per shift x 3 day detail x 4 quarters per Vehicle: Cost year x .18 cents per mile $518.00 Fuel Cost 2,880 miles / 12 MPG x $4.50 per gallon $1,080.00 YEAR 2 - SUBTOTAL $23,484.00 V. COMMAND/CONTROL/COMMUNICATION A. Chain of Command: Each law enforcement agency will follow its own Chain of Command concept. B. Unit Command: The Indian River County Sheriff's Office Special Operations Section supervisor will function as the detail supervisor during operations. C. Communications Detail: The Indian River County Sheriff's Office Communications Section will coordinate with other Units/Agencies to patch common frequencies. Communications between IRCSO and federal agencies will take place through the utilization of telephone, email correspondence, and other agreed upon electronic means. D. Map Coordinates: Not Applicable Location Zone: Miami Sector ANNEX A. Administration Annex: Indian River County will administer and take fiscal and programmatic responsibilities for grant reporting. The IRCSO Special Operations Section Lieutenant, under the direction of Indian River County Sheriff Deryl Loar, will serve as Program Manager for Operation "Stonegarden Indian River County". B. Execution Annex: Operation Stonegarden will be executed by a joint effort to include: Chief Patrol Agent —CBP Miami Sector Headquarters, (TBD) (305) 810-5120 Indian River County Sheriff's Office — Sheriff Deryl Loar, (772) 978-6404 Vero Beach Police Department — Chief David Curry (772) 978-4610 Sebastian Police Department — Chief Michelle Morris (772) 589-5233 Indian River Shores Public Safety - Chief Michael Jacobs (Acting) (772) 231-1771 5 501 C. Command Annex: Indian River County Sheriffs Office Chain of Command: Sheriff Deryl Loar 4055 41st Ave, Vero Beach, FI 32960, (772) 978-6404 Chief L.E. 'Bud" Spencer 4055 41st Ave, Vero Beach, FI 32960, (772) 978-6404 Captain Don Smith 4055 41St Ave, Vero Beach, FI 32960, (772) 978-6160 Lieutenant Charles Kirby (Program Manager) 4055 41st Ave, Vero Beach, FI 32960, (772) 978-6163 Vero Beach Police Department: Chief David Curry 1055 20th Street, Vero Beach, FL 32960, (772) 978-4610 Sebastian Police Department: Chief Michelle Morris 1201 Main Street, Sebastian, FL, 32958, (772) 589-5233 Indian River Shores Public Safety Department: Chief Michael Jacobs (Acting) 6001 N. A1A, Indian River Shores, FL, 32963 (772) 231-1771 Media Action Plan: Agency Public Information Officers will coordinate the release of information to the public. Legal Review: As required by each participating agency. Risks: Refer to Section I -A -General Situation and I -C -Criminal Element sections. Photos: Not applicable. 6 502 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 'wow 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: Juanita Baker ADDRESS: 522 North Blue Island Lane, Sebastian, Fl. 32958 PHONE: 772-388-1572 SUBJECT MATTER FOR DISCUSSION: Oslo Boat Ramp IS A PRESENTATION PLANNED? IS BACK-UP BEING PROVIDED IS THIS AN APPEAL OF A DECISION WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? X YES YES YES X X NO NO NO For the Commission to stop the improvements at the Boat Ramp ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? YES X NO Transmitted to Administrator Via: Interactive Web Form E -Mail Fax Mail Hand Delivered Phone COUNTY ADMINISTRATOR: MEETING DATE:4-1 Joseph A. Baird Document3 Board Approved 11;7/06 503 PUBLIC NOTICE ITEMS: 8/19/14 Office of i0 u INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold — County Attorney DATE: July 22, 2014 RE: Notice of Public Hearing Scheduled for September 9, 2014 to Consider Amending Chapter 214 of the Code of Indian River County to Provide for the Sunsetting of the State Road 60 Interest Share Fee Ordinance The Board of County Commissioners will hold a Public Hearing on Tuesday, September 9, 2014, to consider adoption of a proposed ordinance entitled: /nhm AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CREATING SECTION 214.11 (SUNSET DATE) OF CHAPTER 214 (STATE ROAD 60 INTEREST SHARE FEE ORDINANCE) OF THE CODE OF INDIAN RIVER COUNTY PROVIDING FOR SUNSET OF THE STATE ROAD 60 INTEREST SHARE FEE ORDINANCE ON OCTOBER 1, 2015; AND PROVIDING FOR SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. iju-bli4,314cf-i6e 1-1(-76) 504 INDIAN RIVER COUNTY, FLORIDA INTER - OFFICE MEMORANDUM COMMUNITY DEVELOPMENT TO: Joseph A. Baird County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AICP Community Develont Director • FROM: Roland M. DeBlois, AICP'10> Chief, Environmental Planning & Code Enforcement DATE: August 8, 2014 RE: Board Consideration to Adjust County Share of Funding for Head Island (a.k.a. Green Salt Marsh) Improvements and Channel Restoration It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting of August 19, 2014. DESCRIPTION AND CONDITIONS Head Island (a.k.a. the Green Salt Marsh Conservation Area) is located along the east shore of the Indian River Lagoon, west of St. Christopher Harbor Subdivision. In 1996, the owners of Head Island (Susan Green, et al), donated the island to Indian River County for conservation under the County's environmental lands program. On March 11, 2014, and then subsequently on March 18, 2014 under public discussion, the Board of County Commissioners considered a request from the St. Christopher Harbor Homeowner's Association (HOA) that the County apply for a Florida Inland Navigation District (FIND) Waterways Assistance Program grant and provide matching funds for restoration of a channel and other improvements at Head Island. In considering the matter, on March 18 the Board voted to: • Split with the St. Christopher Harbor HOA the estimated cost of a 50% FIND grant match combined with the cost of permitting, which is calculated to be County funding of $54,750; • Apply for a $71,500 FIND grant to fund 50% of estimated construction costs (conditioned upon the HOA committing to its share of the match); • Take responsibility for implementing and overseeing project construction (assuming the HOA commits to its match and the FIND grant is awarded); and 1 505 • Look for ways to reduce construction costs and prorate any savings to the County and the HOA (assuming the HOA commits to its match, the grant application is awarded, and construction proceeds). The HOA's estimated match / additional commitment to move the project forward, with credit for ±$38,000 already spent by the HOA on obtaining permits, was $16,750 (total contribution: $54,750). On March 19, 2014, St. Christopher Harbor HOA president Anna Garramone advised county staff that the HOA membership considered the proposal and voted to commit to funding the additional $16,750. Based on the HOA's additional funding commitment, county staff proceeded with applying for the FIND grant for 50% funding. 25% vs. 50% FIND funding At a public meeting on June 20, 2014, staff presented the proposed project to the FIND Board of Commissioners, and on July 18, 2014, FIND approved funding for the project. The amount of funding approved by FIND for the project, however, was 25% (not exceeding $35,750) and not the requested 50% (not exceeding $71,500) of project cost. The amount of the grant funding award was reduced to 25% of (actual) project cost based on the Commission's finding that the project did not rise to a category of overall public benefit to qualify for 50% funding under FIND's Waterways Assistance grant program. Since FIND approved 25% funding instead of 50% funding, there is currently a 25% ($35,750) shortfall in funds allocated for the project. For that reason, this matter is herein presented for the Board to consider whether or not to approve additional funding for the project. ANALYSIS Staff has contacted St. Christopher Harbor HOA president Anna Garramone, has advised her of the FIND funding shortfall, and has asked if the HOA would be willing and able to commit additional funds to the project to fully cover or split the $35,750 shortfall with the County. Ms. Garramone's indication was the 14 -member HOA has committed $54,750 in permitting and construction funds to date and is unable to cover the full $35,750 shortfall. According to Ms. Garramone, any level of additional HOA funding is questionable at this point and may or may not be approved by the HOA. The following table provides a breakdown of estimated cost by project element, adjusted to reflect 25% FIND funding, and assuming that the County and the HOA split additional funding ($17,875 each) to cover the $35,750 shortfall: PROPOSED FUNDING: Head Island Channel Restoration FIND Waterways Assistance Program Project Project Element Estimated Cost FIND Cost (25%) County Cost St. Christopher Harbor HOA Design and permitting $38,000* N/A N/A $38,000* Public boat landing $10,000 $2,500 $7,500 N/A Barge mobilization and project construction $115,000 $28,750 $51,625 $34,625 Project management, engineering oversight and contingencies $18,000 $4,500 $13,500 N/A TOTAL $181,000* $35,750 $72,625 $72,625 *$38,000 has already been spent by the HOA in obtaining FDEP and ACOE environmental permits. Design and permitting costs are not covered under the FIND cost -share grant project; the total FIND grant project cost estimate is $143,000. 2 506 When the Board of County Commissioners considered the matter on March 18, 2014, there was a general feeling that the overall estimated cost of the project (an estimate obtained by the HOA) was high and could potentially be reduced, particularly relating to barge and dredging costs. From that perspective, it is possible that the overall project cost (not including design and permitting costs) will be Tess than the estimated $143,000, and the County's (and HOA's and FIND's) share of funding will in turn be less. Funding Since the proposed project would result in boating improvements, the County's Florida Boating Improvement Fund was previously identified as the County's appropriate funding source in March when the County's funding share was estimated to be $54,750. The Boating Improvement Fund is still the appropriate funding source for the estimated $72,625 cost -share match. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the expenditure of up to $72,625 in Florida Boating Improvement Funds for the Head Island improvements and channel restoration project, contingent upon the St. Christopher Harbor HOA's commitment of an additional $17,875 in HOA funds towards the project, with any construction cost savings to be prorated between the County, FIND, and the HOA. ATTACHMENTS: 1. Sketch of Head Island with notes on proposed improvements. 2. March 18, 2014 BCC minutes excerpt. APPROVED: FOR: Au ust 19 2014 AAC\Green Salt Marsh\Head Cove restoration\Head Cove FIND grant funding mod staff report for BCC 8-19-14.doc 3 507 1.R.Count !Teved Date Admin. I I I 11 11,4 I Mf'NIMilii Leval W!O�� Bud et liti IMIPAjMIII De t. INElf/11111111W111FI Risk Mgr. AAC\Green Salt Marsh\Head Cove restoration\Head Cove FIND grant funding mod staff report for BCC 8-19-14.doc 3 507 0 rn 0 C cv 0 c U! ATTACHMENT 1 508 (B.6.C. k eel—) 0 Pu NVst s "WA 8/1 Z}- 10.8.3. REQUEST TO SPEAK FROM ANNA GARRAMONE, PRESIDENT, ST. CHRISTOPHER HARBOR HOMEOWNER'S ASSOCIATION REGARDING APPLICATION FOR FLORIDA INLAND NAVIGATION DISTRICT (FIND) COST -SHARE GRANT FOR CHANNEL RESTORATION AT HEAD ISLAND Anna Garramone, 2136 Harbor Lane, President, St. Christopher Harbor Homeowner's Association (HOA), recalled the Board's approval on March 11, 2014, for the County to expend $35,750 as a cost -share match for channel restoration at Head Island (a/k/a the Green Salt Marsh LAAC Site). She relayed that the HOA has worked for seven years to acquire the federal permits to go forward with the project, and that the HOA had originally budgeted $22,000 as their portion of the cost -share. She revealed that now that the permits are in hand, the cost has escalated and considering the Board's March 11 vote, the HOA would have to contribute an additional $37,773.50 (adding to the $38,000 already proffered) to the project. She asked the Board to reevaluate their cost share, and to assume the project management from this point forward. Administrator Baird relayed that the County's Chief Environmental Planner Roland DeBlois has affirmed the importance of the Head Island project. Further discussion ensued between the Board and Ms. Garramone about the grant amount, and how to split the remaining project costs between the County and the HOA. MOTION WAS MADE by Vice Chairman Davis, SECONDED by Commissioner Flescher, to authorize an additional expenditure of $17,000 as a County match for the Head Island Channel restoration project, bringing the(4, 54>7.,C)) Board's total match to 5O, and to approve for the County to assume the project management from St. Christopher Harbor Homeowners Association. ATTACHMENT 2 March 18, 2014 16 509 Commissioner Solari noted that he would not support the Motion, as votes are not normally taken under Public Discussion items. He also said that although this was a good project, he did not know whether it should take priority to receive tax dollars over other Lagoon projects. Chairman O'Bryan supported the Board's original vote to contribute $35,750 as the County's cost -share. He mentioned that the residents of St. Christopher Harbor will derive some benefit from the project, and that the engineer's bill seems excessive. He also suggested that it might be advantageous to see if the Mosquito Control District has equipment that can remove the excavated material for less cost than renting a barge. The Chairman CALLED THE QUESTION, and by a 3-2 vote (Commissioners O'Bryan and Solari opposed), the Motion carried. 1O.B.4. REI UEST TO SPEAK FROM FRED MENSING REGARDING PRO ' ' ED HIGH SPEED RAIL STATION AND GRADE CROSSINGS Fred Mensing, 7580 129th Street, reviewed the inform. '.n contained in his report (copy on file) in support of the proposed Florida East Co.: ndustries (FECI) All Aboard Florida (AAF) high speed passenger rail project and • - possibility of passenger rail service coming to this area. He suggested that County . ' contact railroad officials to find out what would be the requirements for a railway . ion, and seek property on which to locate a railway station midway between We ' alm Beach and Vero Beach. o Board Action Required or Taken March 18, 2014 17 510 Consideration to Adjust Share of Funding for Head Island Improvements and Channel Restoration Board of County Commissioners August 19, 2014 .._............._. ............ ........_ _. MAUR MATtONA4 MAP - NOT A SURVEY • So 2 H�aa hIflrd, LEGEND : (l f .a aio.cw OE nue ennui maa,. f%iYinvp psenCn aHU3 n_x c,an.Nn ARIA T. CHRISTOPHER OAROCR ROA HEAD ISLAND PROTECT VERO BEACH EL SITE PLAN OVERALL VERSION 1. PERACTi4NO AVPUCATiON PILE NO. 31400838 -OM FIGURE NO.11 C �Y Pd 3 Project Element Costs (Previously Estimated Cost $38,000 / Funding Proposed) FIND Cost (50%) N/A County Cost N/A St. Christopher Harbor HOA Cost $38,000 Design & permitting Public boat landing $10,000 $5,000 $5,000 N/A Barge mobilization & construction $115,000 $57,500 $40,750 $16,750 Project mgt., engineering oversight, contingencies $18,000 $9,000 $9,000 N/A TOTAL $181,000 $71,500 $54,750 $54,750 County Funding Source: Florida Boating Improvement Fund reserves Pd 3 FIND Funding 50% of construction and engineering management costs sought ($71,500) 25% approved ($35,750) Shortfall: $35,750 If shortfall split between County and St. Christopher Harbor HOA: $17,875 (each additional cost) 5)0.4 Costs / Funding (Adjusted) Project Element Estimated Cost $38,000 FIND Cost (25%) N/A County Cost N/A St. Christopher Harbor HOA Cost $38,000 Design & permitting Public boat landing $10,000 $2,500 $7,500 N/A Barge mobilization & construction $115,000 $28,750 $51,625 $34,625 Project mgt., engineering oversight, contingencies $18,000 $4,500 $13,500 N/A TOTAL $181,000 $35,750 $72,625 $72,625 County Funding Source: Florida Boating Improvement Fund reserves 5)0.4 Staff Recommendation Staff recommends that the Board authorize expenditure of up to $72,625 in Florida Boating Improvement Fund reserves as a County match for the project, contingent upon HOA committing $17,875 in additional funds, with any construction cost savings prorated between the County, HOA and FIND. no. 5 1 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Joseph A. Baird, County Administrator PUBLIC WORKS / DEPARTMENTAL FROM: Christopher R. Mora, P.E., Cyv%. Public Works Director SUBJECT: 45th Street Canal Piping — South Side of 45th Street From 43rd Avenue East To Proposed Family Dollar Store Driveway DATE: August 12, 2014 DESCRIPTION AND CONDITIONS At the June 10, 2014 Board meeting, Commissioners approved a new Family Dollar Store to be built on the south side of 45th Street immediately east of 43rd Avenue. Family Dollar will be constructed on the west half of a 3.3 -acre parcel that was rezoned from RM -10 (Residential Multi -Family / 10 units per acre) to Planned Development Mixed Use. The east half of the site will be developed later with approximately 30 multi -family dwellings. Along the north side of the proposed Family Dollar is Sub -lateral Canal A-7, a drainage ditch which belongs to the Indian River Farms Water Control District (IRFWCD), and which lies between Family Dollar and 45th Street. In order to connect their driveway to 45th Street, Family Dollar must install 54 feet of culvert pipe and fill in a portion of the ditch. This action will leave a 190 -foot "gap" of open drainage ditch between 43rd Avenue and Family Dollar's driveway. During the Board discussion of Family Dollar's site plan, Commissioners directed staff to determine the cost of piping the remaining 190 -foot "gap" of canal. Staff followed up and calculated that piping the remaining 190 feet of canal will cost the County $124,800. ALTERNATIVES AND ANALYSIS The alternatives presented are: Alternative #1 Authorize staff to identify a County funding source and obtain bids for piping the remaining 190 feet of IRFWCD Sublateral Canal A-7 located on the south side of 45th Street, immediately east of 43rd Avenue, in front of the proposed new Family Dollar Store. Alternative #2 Do nothing and leave the 190 feet of open drainage canal as it currently exists along the south side of 45th Street. F:\Public Works\Luanne M\Agenda Items\45St canal piping from 43Av to Family Dollar BCC 08-19-14.doc 511 45th Street Canal Piping Family Dollar Store 45St / 43Av Southeast Corner PUBLIC WORKS / DEPARTMENTAL Agenda Item BCC meeting 08-19-2014 Page Two FUNDING No funds are currently budgeted for this expense. If the Board approves Alternative #1, staff recommends using Optional Gas Taxes (Fund 109). This is the funding source previously approved for the 45th Street Beautification improvements. RECOMMENDATION Staff has identified two possible alternatives and requests Board direction on this issue. ATTACHMENT Preliminary cost estimate for piping 190 feet of canal APPROVED AGENDA ITEM FOR 08-19-2014 B . 1I) (3 Indian River County • •ved Date Administration ' `1 g 0)/ Budget / ( -74///id CountyAttorney i � t� Z-13-‘`. Risk Management Works ' 1Y1Public 4 Engineering cji ? /,3 y F:\Public Works\Luanne MWgenda Items\45St canal piping from 43Av to Family Dollar BCC 08-19-14.doc 512 W 0 1- -J J 0 LL 0 1- 1- U) WW LiJ 2z r: �' W Q 0 H N v 0 } ato Q • re 0 zu-D Q J W aa) F- 0 z 0 J z a a - J z 0 0 Amount o o o Lri o o 0 tri O 0 4 n 0 0 v_ v, o o u) 69 0 o VT 0 0 0 v3 0 0 0 0 0 0 0 ;CM 0 0 o ° 0 0 00 0 $124,800.00 Unit Price o ci O o (f) 0 0 O o i!) fA O p 0 69 0 0 0 to 0 0 0 to $3.00 0 0 0 In fA 0 0 o o N Ell 0 0 o 0 «) u9 CANAL PIPING ALONG 45TH STREET FROM 43RD AVENUE EAST TO FAMILY DOLLAR ENTRANCE SUBTOTAL ENGINEERING/SURVEY/PERMITS/TESTING/CONTINGINCIES (20%) CANAL PIPING ALONG 45TH STREET FROM 43RD AVENUE EAST TO FAMILY DOLLAR ENTRANCE TOTAL Z" c 10 3 0 0 0 850 0 N N «_ n LS LS J -J CY (/) LS Q Q QQ W Description MOBILIZATION MAINTENANCE OF TRAFFIC 54" RCP UNDERDRAIN (12") EMBANKMENT 0 0 ASBUILT DRAWINGS/STAKING CONCRETE COLLAR (54") [TYPE H DITCH BOTTOM INLET 6 z E m N CO V' LO 0 n CO 0) F:\Engineering\ckafer\PreLim Cost Est Canal Piping 45th St - 43rd Ave 08-11-2014 513 ATTORNEY'S MATTER: 8/19/14 Office of /3 } INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney TO: FROM: DATE: SUBJECT: MEMORANDUM The Board of County Commissioners William K. DeBraal — Deputy County Attorn July 15, 2014 Demolition Liens The County has recently demolished dilapidated structures on the following parcels of property identified below: Property Owner Parcel Description Cost Jessie Lewis 31-37-00-00002-0000-00040.0 $4,251.18 12936 100th Lane, Fellsmere, FL Lot 39, Lincoln Park Subdivision Cynthia L. Stamps 31-37-00-00002-0000-00011.0 12930 100th Place, Fellsmere, FL Lot 11, Lincoln Park Subdivision Earl R. Thomas and 33-40-31-00003-0050-00004.0 Betty Thomas, his 43 Highlands Drive, S.W., Vero Beach, FL wife Lot 4, Block 5, Vero Highlands, Unit 1 ) F L MLL rli.J:. ECc Cl!l_ ;i AGENDA $5,069.97 $6,538.54 514 The next step in the process is filing a lien against each property for the costs of demolition. In accordance with County Code Section 100.080, the Board has passed a resolution to have the lien filed against each property for the costs incurred by the County in demolishing the unsafe structures. Notice of the proposed demolition lien was mailed to each party in interest, and, pursuant to our code, that party may now appear before the Board and be heard as to the amount of the proposed demolition lien. Attached is the lien for each property that, if approved by the Board, will be recorded in the public records against the respective property. Also attached is the itemization of costs for the demolitions. FUNDING: Costs associated with this item are recording fees for recording the lien in the public records at a total cost of $30.00. Funds for this expenditure are available in the MSTU Fund/Road & Bridge/Other Contractual Services, Account No. 00421441-033490. RECOMMENDATION: The County Attorney's Office recommends the Chairman allow each party in interest to address the Commission and be heard on the amount of the proposed Tien concerning the property. Following any comments, staff recommends approval of each lien amount and authorization for the Chairman to sign each lien for recordation in the public records. WKD/nhm Attachments: Liens Itemization of costs for the demolitions cc: Scott McAdam — Building Official 2 515 This document was prepared by and should be returned to: Indian River County Attorney's Office 1801 27th Street Vero Beach, FL 32960 772-226-1425 LIEN THIS LIEN, filed the day of , 2014, by INDIAN RIVER COUNTY, a political subdivision of the State of Florida, pursuant to the authority of the Code of Indian River County, Section 403.08, Property Maintenance Code, for costs incurred by Indian River County, Florida, to remove a nuisance structure from property located within Indian River County, and described as follows: Lot 39, LINCOLN PARK SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 1, at Page 60, of the Public Records of Indian River County, Florida. Parcel No. 31-37-00-00002-0000-00040.0 The name of the record owner of the above-described property is: Jessie Lewis THIS LIEN is filed against the real property to secure the payment of Four Thousand Two Hundred Fifty -One and 18!100 Dollars ($4,251.18), for the cost of demolition and removal of the nuisance structure. THIS LIEN shall, from the date of filing, accrue interest at the rate of five and three-quarters percent (5.75%) per annum, until the total amount, including interest, has been paid. INDIAN RIVER COUNTY, FLORIDA By: Peter D. O'Bryan, Chairman Board of County Commissioners ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller BCC approved: By: APPROV a AS TOOM Deputy Clerk A i.��AL .t FF STATE OF FLORIDA COUNTY OF INDIAN RIVER WILLIAP K. DEBRAAL DEPUTY COUNTY ATTORNEY The foregoing instrument was acknowledged before me this day of , 2014, by Peter D. O'Bryan, Chairman of the Board of County Commissioners of Indian River County, Florida, who is personally known to me. NOTARY PUBLIC: Signature: Printed name: Commission No.: Commission Expiration: SEAL: 516 COSTS FOR LIEN ATTACHMENT CALCULATIONS: 12936 100th Lane 31-37-00-00002-0000-00040.0 INSPECTION REPORT ON PROPERTY $ 75.00 POSTING CONDEMNATION CARDS $ 75.00 OWNERSHIP & ENCUMBRANCE REPORT $ 75.00 PREPARING CERTIFIED NOTICES $ 45.00 POSTAGE CERTIFIED $ 6.11 INSPECTION BY BUILDING OFFICIAL $ 75.00 NOTICE TO OWNER OF BCC MEETING $ 45.00 POSTAGE - CERTIFIED MAIL $ 6.11 POSTAGE - REGULAR MAIL $ 0.46 RECORDING FEES: - CERTIFICATE OF BUILDING OFFICIAL - INTENT TO LIEN (RESOLUTION) - NOTICE OF COMMENCEMENT - ACTUAL LIEN COSTS OF DEMOLITION $ 10.00 $ 18.50 $ 10.00 $ 10.00 $3,800.00 TOTAL COSTS: $4,251.18 517 This document was prepared by and should be returned to: Indian River County Attorney's Office 1801 27th Street Vero Beach, FL 32960 772-226-1425 LIEN THIS LIEN, filed the day of , 2014, by INDIAN RIVER COUNTY, a political subdivision of the State of Florida, pursuant to the authority of the Code of Indian River County, Section 403.08, Property Maintenance Code, for costs incurred by Indian River County, Florida, to remove a nuisance structure from property located within Indian River County, and described as follows: Lot 11, LINCOLN PARK SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 1, at Page 60, of the Public Records of Indian River County, Florida. Parcel No. 31-37-00-00002-0000-00011.0 The name of the record owner of the above-described property is: Cynthia L. Stamps THIS LIEN is filed against the real property to secure the payment of Five Thousand Sixty -Nine and 97/100 Dollars ($5,069.97), for the cost of demolition and removal of the nuisance structure. THIS LIEN shall, from the date of filing, accrue interest at the rate of five and three-quarters percent (5.75%) per annum, until the total amount, including interest, has been paid. INDIAN RIVER COUNTY, FLORIDA By: Peter D. O'Bryan, Chairman Board of County Commissioners ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller BCC approved: By: Deputy Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER APPROVED AS TO F ! RM. ANL S Fi WiLLIA K. DEB 'n L DEPUTY COUNTY ATTORNEY The foregoing instrument was acknowledged before me this day of , 2014, by Peter D. O'Bryan, Chairman of the Board of County Commissioners of Indian River County, Florida, who is personally known to me. NOTARY PUBLIC: Signature: Printed name: Commission No.: Commission Expiration: SEAL: 518 COSTS FOR LIEN ATTACHMENT CALCULATIONS: 12930 100th Place 31-37-00-00002-0000-00011.0 INSPECTION REPORT ON PROPERTY $ 75.00 POSTING CONDEMNATION CARDS $ 75.00 OWNERSHIP & ENCUMBRANCE REPORT $ 75.00 PREPARING CERTIFIED NOTICES $ 45.00 POSTAGE CERTIFIED x 3 $ 18.33 INSPECTION BY BUILDING OFFICIAL $ 75.00 NOTICE TO OWNER OF BCC MEETING $ 45.00 POSTAGE - CERTIFIED MAIL X 2 $ 12.22 POSTAGE - REGULAR MAIL X 2 $ 0.92 RECORDING FEES: - CERTIFICATE OF BUILDING OFFICIAL - INTENT TO LIEN (RESOLUTION) - NOTICE OF COMMENCEMENT - ACTUAL LIEN COSTS OF DEMOLITION $ 10.00 $ 18.50 $ 10.00 $ 10.00 $4,600.00 TOTAL COSTS: $5,069.97 519 This document was prepared by and should be returned to: Indian River County Attorney's Office 1801 27th Street Vero Beach, FL 32960 772-226-1425 LIEN THIS LIEN, filed the day of , 2014, by INDIAN RIVER COUNTY, a political subdivision of the State of Florida, pursuant to the authority of the Code of Indian River County, Section 403.08, Property Maintenance Code, for costs incurred by Indian River County, Florida, to remove a nuisance structure from property located within Indian River County, and described as follows: Lot 4, Block 5, VERO HIGHLANDS, UNIT 1, according to the Plat thereof, as recorded in Plat Book 5, at Page 29, of the Public Records of Indian River County, Florida. Parcel No. 33-40-31-00003-0050-00004.0 The name of the record owners of the above-described property are: Earl R. Thomas and Betty Thomas, his wife THIS LIEN is filed against the real property to secure the payment of Six Thousand Five Hundred Thirty -Eight and 54/100 Dollars ($6,538.54), for the cost of demolition and removal of the nuisance structure. THIS LIEN shall, from the date of filing, accrue interest at the rate of five and three-quarters percent (5.75%) per annum, until the total amount, including interest, has been paid. INDIAN RIVER COUNTY, FLORIDA By: Peter D. O'Bryan, Chairman Board of County Commissioners ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller BCC approved: By: Deputy Clerk APPROV ' AS TO F • R , AN if i_5U IC STATE OF FLORIDA ��/'\ k _ COUNTY OF INDIAN RIVER WILLIAM . DE8RAAI. DEPUTY COUNTY ATTORNEY The foregoing instrument was acknowledged before me this day of , 2014, by Peter D. O'Bryan, Chairman of the Board of County Commissioners of Indian River County, Florida, who is personally known to me. NOTARY PUBLIC: Signature: Printed name: Commission No.: Commission Expiration: SEAL: 520 COSTS FOR LIEN ATTACHMENT CALCULATIONS: 43 Highlands Drive S.W. 33-40-31-00003-0050-00004.0 INSPECTION REPORT ON PROPERTY $ 75.00 POSTING CONDEMNATION CARDS $ 75.00 OWNERSHIP & ENCUMBRANCE REPORT $ 75.00 PREPARING CERTIFIED NOTICES $ 45.00 POSTAGE CERTIFIED x 3 $ 18.33 INSPECTION BY BUILDING OFFICIAL $ 75.00 NOTICE TO OWNER OF BCC MEETING $ 45.00 POSTAGE — CERTIFIED MAIL X 3 $ 18.33 POSTAGE - REGULAR MAIL X 3 $ 1.38 RECORDING FEES: - CERTIFICATE OF BUILDING OFFICIAL - INTENT TO LIEN (RESOLUTION) - NOTICE OF COMMENCEMENT - ACTUAL LIEN COSTS OF DEMOLITION $ 10.00 $ 18.50 $ 10.00 $ 10.00 $6,062.00 TOTAL COSTS: $6,538.54 521 ATTORNEY'S MATTERS: 8/19/14 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: William K. DeBraal, Deputy County Attorney DATE: August 12, 2014 SUBJECT: First Amendment to Agreement for Purchase and Sale of Winkel Property located at 6650 45th Street, Vero Beach On May 4, 2010, the County and Tom and Linda Winkel (Winkels) entered into an Agreement for the Purchase and Sale of Real Estate (Agreement) for the 66th Avenue Road Project. In the Agreement, the County agreed to purchase 1.1 acres of real estate from the Winkels and perform other work in an effort to mitigate for and cure the taking. The Winkel's property is located on the northwest corner of 66th Avenue and 45th Street. Their property was significantly impacted on two sides with the taking of property for improvements to both 66th Avenue and 45th Street. The single family 5 -acre homestead property contains a pond that needed to be modified as a result of the road construction. The Agreement with the Winkels accounted for several factors including reconstruction of the pond, landscaping and driveway reconstruction. During the course of the 66th Avenue project, it became apparent to the County and the Winkels that changes in the work on and around the Winkel property are necessary. Additional fill and grading are needed around the pond and fence relocation, culvert and swale construction are also needed. After several on-site meetings and discussions with the Winkels and the County's contractor, Dickerson of Florida, Inc., an amendment to the Agreement was reached whereby the original Agreement between the County and the Winkels where Dickerson would perform the work on behalf of, and to the satisfaction of, the Winkels and the County would pay Dickerson for the work performed. At thEea Caen e, japf -Alard 'P � RI1 1e 522 First Amendment for Winkel Property August 12, 2014 Page 12 of County Commissioners, the Public Works Department will bring forward a proposed Change Order which will compensate Dickerson for the work performed on behalf of the Winkels. Attached is the First Amendment to Agreement for Purchase and Sale of Real Estate signed by the Winkels. It sets forth the tasks to be performed by Dickerson to complete the work on and around the Winkel property. The County will remain responsible for installing the landscape buffers on 66th Avenue and 45th Street as contemplated by the original Agreement. Funding: It is important to note that the original bid did not contain work to be performed on the Winkel property. Thus, no additional compensation is going to the Winkels, as the County had obligated itself to do the work in the original Agreement. Funding for this item is available from the road construction account, Traffic Impact Fees/District II/66th Ave -SR 60 to 49th Street, Acct # 10215241-066510-06040. Recommendation: Staff recommends that the Board approve the First Amendment to Agreement for Purchase and Sale of Real Estate and authorize the Chairman to execute the document on behalf of the Board. Copies to: Chris Mora Dickerson of Florida, Inc. Tom and Linda Winkel 523 FIRST AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE OF REAL ESTATE THIS FIRST AMENDMENT to Purchase and Sale Real Estate ("Amendment") is made and entered into this day of , 2014 by and between Indian River County, a political subdivision of the State of Florida ("County") whose address is 1801 27th Street, Vero Beach, FL 32960 and Tom and Linda Winkel ("Seller"), whose address 6650 45th Street, Vero Beach, FL 32967, who agree as follows: WHEREAS, the County and Seller entered into Agreement for the Purchase and Sale of Real Estate (Agreement) on May 4, 2010; and WHEREAS, pursuant to that agreement the County completed the purchase of the real estate subject to the agreement and is in the midst of constructing the improvements to 66th Avenue and to 45th Street adjacent to Sellers property; and WHEREAS, the parties desire to amend the terms of their Agreement to their mutual satisfaction, NOW THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, County and Seller agree as follows: 1. Recital. The above recitals are affirmed as being true and correct and are incorporated herein. 2. The County's contractor, Dickerson of Florida, Inc. shall undertake the following work as described in the Agreement but now modified in this Amendment: a. The contractor shall add additional fill to the west side of the pond sufficient to allow a riding garden tractor/lawnmower sufficient room for mowing and maintenance. Additional fill shall be added to the west side of the pond to complete shaping of the pond. The contractor will take care in adding the additional fill to the pond taking into account the koi fish currently found in the pond. The Contrastor shall use Best Management Practices in performing this work. b. The remainder of the will be partially reshaped and will be graded to a 4:1 slope above the water line and sodded by the contractor. c. Construct the new driveway at the entrance to, the Winkel drive as well as reinstall the pond overflow pipe and regrade drainage swale along south side of the said property in accordance with the contract documents and the intersection improvements at 67th Avenue and 45th Street (completed) as shown on the construction plans. d. The contractor shall culvert the existing drainage swale within the western portion of the Seller's property. Culverting this drainage swale shall be done in conjunction with permission from the St. Johns River Management District. e. The Contractor shall move the fence currently installed within the 50 -foot 67th Avenue easement to a point outside of the easement. 1 524 f. Any permits necessary for relocation of the fence shall be done in Sellers name only. g. h. J. For the above described work, the County shall be responsible for payment to its contractor for the work performed for items within this Amendment. In exchange the above amendments, Sellers agree to waive any and all other work shown on figure "A" property sketch attached to the May 4, 2010 Agreement, The County shall be responsible for installation of the landscape buffers as well as the replacement fencing along 66th Avenue and 45th Street as it relates to sellers property as described in the Contract Landscape plans along 66th Ave. and 45th Street. The County shall not be liable for any work performed by its Contractor on the Winkel property. k. Except as specifically as amended herein, the original force and effect. IN WITNESS WHEREOF, the parties hereto have approved become effective as of the day and year first above written. "COUNTY" BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: Peter D. O'Bryan, Chairman Tom Winkel Date BCC Approved: k}/4-1 Linda Winkel "SELLERS" of May 4, 2010 shall remain in full and executed this Amendment to Attest: Jeffrey R. Smith, Clerk of Court And Comptroller By: Deputy Clerk Approved: BY ) � Jose A. Baird County Administrator Approved as to form and legal William K. DeBraal, Deputy County Attorney 2 525 EXHIBIT "A" WINKEL PROPERTY ITEM # DESCRIPTION QUANTITY UNIT ROADWAY 1 EMBANKMENT (POND) 2 EMBANKMENT (6' MAINT. AREA 66TH AV.) 3 EMBANKMENT (OVER PIPE) 4 GRADING POND SLOPES 5 18" RCP 6 LOWER 20 LF. 18" CMP 7 MES 18" 8 TYPE "C" DBI 9 SOD (BAHIA) 10 SOD (ST. AUGUSTINE) 11 FISH PROTECTION 12 GRADING WEST PROPERTY 13 GRADING NORTH SWALE 14 GRADE EXIT. SWALE (BAMBOO AREA) 15 REMOVE EXISTING WOOD FENCE 16 INSTALL EXISTING WOOD FENCE 17 INSTALL NEW WOOD FENCE TOTAL 100 C.Y. 200 C.Y. 115 C.Y. 600 LF. 295 LF 1 L.S. 4 EA 2 EA 2,000 S/Y 1,333 S/Y 1 L/S 1,700 S/Y 280 LF. 140 LF. 120 LF. 80 LF. 360 LF. WORK TO BE COMPLETED IN LIEU OF THE PURCHASE AND SALE REAL ESTATE AMENDME ENTERED INTO THIS 30TH DAY OF JULY 2014. kap/ ENDA WINKEL r)14 1A.144, TOM WINK/L 7/29/2014 EX WORK.xlsx WINKEL 526 Oce of Attorney's Matters 8/19/14 INDIAN RIVER COUNTY ATTORNEY Dylan Reingold., County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal, Deputy County Attorne DATE: August 13, 2014 SUBJECT: Permission to File Lawsuit for Possession of Mobile Home As a result of the hurricanes of 2004 and 2005, the State of Florida funded a program known as the Hurricane Housing Repair Program (HHRP). This program provided funds to low and very low income residents to replace their hurricane demolished mobile home with a mobile home that met the current wind speed requirements. The County participated in the HHRP and purchased mobile homes for eligible residents. Following the purchase of the mobile home, the County held title to the home and was the first lien holder on the title. In accordance with HHRP guidelines, up to $50,000 of the purchase price was a grant that would expire and be forgiven in ten years. Any funds expended to purchase the home in excess of $50,000 Was a loan, which had to be repaid if the mobile home was sold within the first ten years. After ten years, the grant loan would also be forgiven. In March 2006, Amelia and Edward Termyna qualified under the HHRP and purchased a new mobile home that was set up at Lakewood Village Mobile Home Park, 1455 90th Avenue, Lot 90, Vero Beach, FL. The final purchase and set up price was $69,140.00 which is the amount of the lien held by the County. Residents of Lakewood Village do not own the property underneath their homes, rather they pay monthly rent and utilities to the landlord. In July 2014, the Termynas failed to pay rent and utilities due ($486.34) and according to the manager, have abandoned the mobile home leaving it sitting vacant in Lakewood Village. The County received notice of the non-payment of rent as it is a lienholder. According to statutes, Lakewood could file an eviction suit against the Termynas and get an order permitting the park to have the home towed to a spot on their property where the park could then charge storage fees and costs for moving the mobile home. 527 Lawsuit for Possession of Mobile Home August 13, 2014 Page 12 If the County desires to protect its lien interest, a lawsuit in replevin (repossession) would have to be filed in Circuit Court in order for the County to become the title holder. Once the County has title in its name, the mobile home could be offered for sale in order to try to recoup some of the money lent to buy the home. The HHRP has ended and has been closed out, so any funds received from sale of the mobile home would most likely be used in our SHIP program. Funding: Filing fees and service of process would be approximately $500 and would come from the SHIP Fund/Other Professional Services, Account #12322869-033190 Recommendation: Staff recommends the Board authorize the County Attorney's Office to file a law suit in replevin against the Termynas to protect the County's lien interest and once title to the mobile home is in the County's name, authorize its sale in accordance with County Purchasing Manual Guidelines. Copies to: Sasan Rohani Sherri May, Manager, Lakewood Village 528 '�. A04777 IDEN7,FICATION NUMBER GAFL535A90737BH21 YR 2006 MAKE FTWD MODEL BODY HS WT -L -BHF VESSEL REGIS NO. 60' TITLE NUMBER 95676451 O REGISTERED OWNER DATE OF ISSUE AMELIA TERMYNA AND 04/19/2006 , EDWARD J TERMYNA 1455 90TH AVE LOT 9 LIEN RELEASE VERO BEACH FL 32966 INTEREST IN THE ABOVE DESCRIBED VEHIC:E .S- HEREBY RELEASED BY O W 11'•"_...0 MAIL TO: TITLE DATE ' 03/23/2006 INDIAN RIVER CO BOARD OF CO COMMSNRS 1840 25TH ST VERO BEACH FL 32960-3328 ' 11,11,,11,11,111111,111„„IL,111,„1,11,11,1 I„I,L„11111 j 114 F ..' 'h ✓�i. t t - t t a I , 7 i �' hf I u: `, t LI I Ih .q. 'P `Illitt J , &'-” ..j t 3!,aERkTIFICATE 1�,ITL;�;;F T� t , r ! Ir _ t t'1 rf t t t.. iii. tY� c' i h `` Ada:• '[�$F . 6 / AV a Oa"'4WNERS�TiIP Aji.'1N SE'k` •.1,5f16 7E., 'UNIS 'S 77'♦DN J+3 '"'f)I' ' a a c .ME t .G r, QR V •fEt DgSCRI�ED REl:ON- IS'�V£ TED IN TfiFy QWNE�IS) 'N� MEQL: k "r s7 ger O�ET, r5., .,.:' cif, N.:? +r. `" 't SC Q t testi IaJ'. `ilde3 'b,ssY.- W. I.x n FOR SAID ;MOTOR VEHICLE QR �.25%Li2 .:'- 1. STI; 5;� L i 1110 0:14#11, £ e� ��. +GE .are. FS aA 4..' .1 .. REN yJy $ �OFFi1r7A GEI2TIF�F�OF T:J,��1�`-)ISS D;� �-• 1 4 An , L_..• µ t yy k•. 'ri y r. 4,'•, uVE$SEL ".cyi$7'7.: ct tit.;fir x ,:t' :s ei :- ;d .•ID4`NTIEIC.,.R NUNS)?P" '%'W, ,. '' {':: GAFL53SABO73713H21 YR. ::.. 2006 •i:'.MAKE'• FTWD 'MODEL-..... *t" 1: 5 Y HS BWT.tA'BWF � 60' VE ;S L REGl. ,et ,'!Ft TFtL1;'NUMBER y+,ti 95676451 v . • \ PREV STATES COLOR ` PRIMARY; BRAND in n .3'"6%r.. •r1 .a ti. d' H"4 hF : R' SECONDARY BRAND r ,.. ,. 1 NO OF BRANDS R ^b`, •r USE . P- f ` 54 PPEV ISSUE DATE 'i .` ktt- - rM1 to 0 ER 4• Oi ' S I MAN!{FACTURER 012 OH" SE J "' ^ f r •e � z kc'f A7� ,:�. `A tt t HULL ATER{A1 :, i' � �',l !" , - PROP` t. F I ��' y � r f .©A €,IOF ISSUE �x.t 'Q4/�'1=9/2006 44744! EGISi'tR ` g ".OYV ER t kali AMQ ELIA TAND LIENRELEASE E AR i TE•pyYNA n,INTERESTyTHE AffOVE DE Ek RkMYr NA,ANO IENe z"{r 5101 lie LoTb, HEREfS'EE1f�+. ` C. RBEDn VEHICLE 15 CRO$BEAHl: 29vf{BYy* Sfyl(5, 9 K4 >ey JSS' — } i l{lJJ f rQ Ti D"QF; ,c (T14 DO'r ! TITLE' DATE ' - rf i, t l '> f t.. J ,'� stbtST yNyy D�P7�wwYu x a' -',.t.. ?' �' }i 7 S id 0 ,&23/2006.'.'kk 4..- t 4 fire �' {a r.r y rj �" ' L$DIAN R R CO. BOARD 0W"`"C0 COMMSWRS°` f .' v . " 1840 25TH ST i V RO B A*HI FL 32950 h fi W i A,at`w •'n1 `rY �i)` 1 i � • t 1 -Y'`xf t;. r''� q i��y y S r� a is t`} Y•s-ta i [ } 1 ti Q k�'Ii y�1 � i fl dh iR i f� Ne t r) 171,51 j�'�' Tk V. 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CERTIF,ICttTION `• Federal •nd state law require that you state the mileage, in connectiorr with the talnsfor'of 'own.ishsp, Fadura''to. ;: cnmpleto: •or providing a false., statement may result ,n' fines end/or impruonmeet. _ . 7jss tla is • arta .'ardE�c[y;�.�nd, scarfs red to t o fraa,r Proms any hens. ezcagt•, as nnteda`'on tfYy iaco o s bso certl iff`Qltar,„ as dd,'the motm,,,vohicctitraar Vp�Y_':1,: doncnb.5 is hereby tra 1a red ti,. In 1 �`: '•? k ',', Ar,,.,..F' it.'A, kPt •a,,{su'k 111'-'�ii' t{1 '91'.. :iryr'SYE Sst {p' r R h�LIT 1 kip .7r+ P _ Y •t k .1 r'+ 4 '. ,:a Aan e R e'1�.. �'ca` e ; d.•.1, '.[. �'�",Y .L '. �r —" B' ,i e , rr t d, • uy *h ,, rt + 1 ts:' It4t 5;4.``• Pt � ,, ce P�... 9y�-r.. lhrtq sraei '�h'Qa. s * �, s6 di •4:.Wa sltl3--t6e4# ttls B! + ,- 6:dig,t odometer now raids-®®®.� mites,road - - and to. the basil of my knowledge CAUTION f.^ t(na. ,tenths) br?;i+r+- ^.3 �t'.•.''k°2� 1S, .7 ? 1s hereby certify that to the best of no 1,nowledgo the odometer reading robe.,- thet.: 3:. ,nate Thal t. retlocts' ore •tteal' mnga'ge. of the veerclo descnb.5 herein, onto.. DO NOT CHECK tJ *mount 01 m,loaye in Genets of us mechanical -:limits.; • 'el' ddinet. st;tejn t bt s Choc ad; BOX IF ACTUAL f. 1— - I hereby_ L.rtily' that the oIornettireld ng not 555 ;.ctuel mileage a.. - n1. cki- s, tis *' a(�j° yy 'gyry-.,. 4-V- r ,,c;t #;r, y MILE�LGE .,- .\`W�tRN.NG T, Di lE1ER,'QSCR.VOCY:fr, eeNi °i•"- ..`: E ' T F,R4,1RY 44•D LARF4HA' * 1 ♦ AVE;13e0A THE F0REG01NGt DOC MEDT A 0r,'BAT f .E,,t0C11 ASIA a El M�'1?AAt' TRUE ��✓'; as •*ted_;. • + a $ 'r to # 'i .v";:"f Prlefed N`om.eof'?f.. tsr i • r 34**'{ Sir ;taf. , e .k Ss9netu 6'a d,tiM; -.. fE�.... 1 � ' ='; dn. ,^r Purchaser „rte.. ' tl Ir' ei p, .,� �ruiha:e . Signature21 - Printed Name f - r t if Co'Purph om - - s Co Putohasor - �� 'y'Ilf$t trS:, ra, .a�i�r .t1c ., a i ^*. ":. ... aP rTr eu4ar .,.;Krr rr s:, t'yp .s ,<• ,' r,.• t {i 4:'1.9111.e.,f �� 9 . f . l -d• h f.F � Prr ud s.E ... ., r_. _ _ 4Fwhi[ilp aa�,4$ an APIt�4b,.r+1r ,Ay71s Stifling , Dealer's .1.1can., Numk ,Auction Nome. 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DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney County Attorney's Matters - B.C.C. 08.19.14 Office of INDIAN RIVER COUNTY ATTORNEY 131) MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: July 15, 2014 SUBJECT: Medical Examiner Cremation Certificate Fee Resolution BACKGROUND Pursuant to Section 406.08, Florida Statutes, Indian River County is required to pay a portion of the fees, salaries and expenses of the District 19 Medical Examiner (the "Medical Examiner"). Under certain circumstances, the Medical Examiner is required by Section 406.11, Florida Statutes to perform such examinations, investigations, and autopsies as the Medical Examiner deems necessary. In order to offset the costs of performing such services, the Indian River County Board of County Commissioners (the "Board") has established a Cremation Certificate fee in the amount of $50. During the 2014 legislative session, the Florida Legislature considered House Bill 301, which proposed to eliminate the ability of a county or a medical examiner to charge a fee to offset the costs of an examination, investigation or autopsy. On March 4, 2014, the Board unanimously approved Resolution 2014-018, urging the Florida Legislature to oppose and the Governor Rick Scott to veto if necessary House Bill 301. House Bill 301 ultimately was defeated. In an attempt to protect the County from future legislative threats, the Medical Examiner has requested the Board to adopt a resolution prior to October 1, 2014 which re -affirms the $50 Cremation Certificate fee charged by Indian River County. Approved for August 19, 2014 BCC Meeting County Attorney's Matters COUNTY ATTORNEY F. Arrorney LindaGEdERAL B C CAgenda Ale mor 17edicd ExaminerResolwion. doc Indian River Co. Aed Date Admin. Q �' r Co. Atty. 110 la "7 I Budget ( l �6 izt t Department Risk Management -- --- 531 Board of County Connnissioners July 10, 2014 Page Two FUNDING. As stated above, the proposed resolution is a re -affirmation of the existing fee. As such, the approval of the resolution does not result in a change in funding. The current fee generates revenue of about $60,000 per year (Indian River County portion), which offsets the Medical Examiner's expenses. If this fee were eliminated, the result would be an increase in expenses of about $60,000 per year for Indian River County. RECOMMENDATION. The County Attorney's Office recommends that the Chair allow for public comment on this matter and then have the Board vote to adopt the attached resolution. ATTACHMENT(S). Proposed Medical Examiner Cremation Certificate Fee Resolution F.^.auornrrTinda•GEA'ER4LB C Cl4genda AlemorMedical Examiner Rerolmlon.doc 532 RESOLUTION NO. 2014- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA REAFFIRMING THE CREMATION CERTIFICATE FEE CHARGED BY THE MEDICAL EXAMINER FOR THE NINETEENTH JUDICIAL CIRCUIT AND PROVIDING EFFECTIVE DATE WHEREAS, pursuant to Section 406.08, Florida Statutes, Indian River County is required to pay a portion of the fees, salaries and expenses of the District 19 Medical Examiner (the "Medical Examiner"); and WHEREAS, under certain circumstances, the Medical Examiner is required by Section 406.11, Florida Statutes to perform such examinations, investigations, and autopsies as he or she deems necessary; and WHEREAS, in order to offset the costs of performing such services, the Medical Examiner has been charging a Cremation Certificate fee since 1987; and WHEREAS, in July 2002, the Board approved an increase of the Cremation Certificate fee charged by the Medical Examiner from $10 to $20; and WHEREAS, in August 2003, the Board approved an increase of the Cremation Certificate fee charged by the Medical Examiner from $20 to $30; and WHEREAS, in December 2009, the Board approved an increase of the Cremation Certificate fee charged by the Medical Examiner from $30 to $50, 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 hereby reaffirms the $50 fee charged by the Medical Examiner for the Cremation Certificate and authorizes the Medical Examiner to continue to charge the Cremation Certificate fee of $50. 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: G:\Nancy\DOCS\RES\Medical Examiner Resolution.docx 1 533 RESOLUTION NO. 2014 - 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 August, 2014. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Peter D. O'Bryan, Chairman By: Deputy Clerk Approved as to form and legal sufficiency: By: an Reingold, County Attorney G:\Nancy\DOCS\RES\Medical Examiner Resolution.docx 2 534 County Attorney's Matters - B.C.C. 08.19.14 Office of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County :Attorney Kate Pingolt Comer, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: July 29, 2014 SUBJECT: Indian River Shores v. City of Vero Beach Florida Governmental Conflict Resolution BACKGROUND. On July 18, 2014, the Town of Indian River Shores ("Town") held a special call meeting at which the Town voted to 1) not renew the Town's electric utility franchise agreement with the City of Vero Beach ("City") which expires in November, 2016; 2) file a lawsuit against the City of Vero Beach raising several causes of action relating to the City's electric utility; 3) authorize a budget amendment of $250,000 to fund the litigation through the end of the fiscal year; and 4) adopt a resolution initiating the Florida Governmental Conflict Resolution process ("Process') set forth in and required by Chapter 164 of the Florida Statutes. On July 21, 2014, the Indian River County Board of County Commissioners ("Board") was copied on a letter from Town Mayor Barefoot sent to the City concerning the Town's lawsuit as required by Section 164.1052(1), Florida Statutes. In the letter the Town invited Indian River County ("County") and other governmental entities, including the Indian River County Hospital District and the Indian River County School Board, to participate in the Process. Pursuant to Section 164.1052(2), Florida Statutes, the County had 10 days to elect to participate in the Process. As the Board was not scheduled to meet again until August 19, 2014, the County Attorney sent the Town a letter notifying the Town that the County was electing to participate in the Process, subject to ratification by the Board at its meeting scheduled for August 19, 2014. Approved for August 19, 2014 BCC Meeting County Attorney's Matters COUNTY ATTORNEY F.. .4trorney.Linda,GENERAL B C C Agenda Memos,fndian Risrr Shores -COVE Governmental Conflict Resolution Act doc 535 Indian River Co. Ap d Date Admin. / VI 1 V Co. Atty. 7 � Vii Budget g(' (4 Department — Risk Management - --- 535 Board of County Commissioners July 29, 2014 Page Two Parties Involved in the Florida Governmental Conflict Resolution Process Under Chapter 164, Florida Statutes, there are two types of governmental entities involved in the Process. The first type is a "primary conflicting governmental entity" which includes the governmental entity initiating the Process, and the entities with whom the initiating governmental entity has a conflict. A governmental entity which receives notice of a conflict may, by passage of its own resolution, become a primary conflicting governmental entity. The other participants in the Process are those other governmental entities that receive notice of the Process, but choose not to become a primary conflicting governmental entity. These governmental entities are not entitled to control the timing or progress of the Process. The Florida Governmental Conflict Resolution Process A publicly noticed conflict assessment meeting must occur within 30 days of the governmental entity receiving the letter initiating the Process. The chief administrators, or their designees, of each primary conflicting governmental entity are required to attend the conflict assessment meeting. If the entities agree, a facilitator may be utilized. During the conflict assessment meeting, the governmental entities discuss the issues pertaining to the conflict and an assessment of the conflict from the perspective of each governmental entity involved. If the representatives of the primary conflicting entities reach a tentative resolution, the primary conflicting governmental entities may proceed with whatever steps they deem appropriate to fully resolve the conflict. This includes additional meetings for informal negotiations or proposing a resolution to the governing bodies of the primary conflicting governmental entities. In the event that no tentative resolution is reached, the primary conflicting governmental entities shall schedule a joint public meeting within 50 days of the receipt of the first letter initiating the conflict resolution process. In the joint public meeting, the governing bodies of the primary conflicting governmental entities are required to: (a) Consider the statement of issues prepared in the conflict assessment phase; (b) Seek an agreement; and (c) Schedule additional meetings of the entities in conflict, or of their designees, to continue to seek a resolution. If no agreement is reached by the governing bodies of the primary conflicting governmental entities, the primary conflicting governmental entities shall participate in mediation, the costs of which shall be equally divided between the primary conflicting governmental entities. If unable to agree on a mediator within 14 days of the joint public meeting, a mediator will be selected or recommended by an independent conflict resolution organization. Upon the selection of a mediator, the conflicting governmental entities shall schedule mediation to occur within 14 days, and shall issue a written agreement on the issues in conflict within 10 days of the conclusion of the mediation proceeding. If there is failure to resolve a conflict between governmental entities through the Process, the entities participating in the dispute resolution process may pursue their legal rights in the proper legal forum. The Board thus has two decisions to consider. The first is whether to participate in the Process. As you are aware, the County has already filed a Petition for a Declaratory Statement with the Florida Public Service Commission. The filing of the Petition is completely separate from the Process. Thus the County is not required to participate in the Process. However, if the County intends to file a lawsuit against the City, the County would be required to participate in the Process with the City. F19rtorney'dirda;GENERAGB C C.4genda Memos Indian River Shores- COB Governmental Conflict Resolution Aa.doc 536 Board of County Commissioners July 29, 2014 Page Three As noted above, the governmental entities that choose not to become primary conflicting governmental entities have limited rights in the Process. Therefore, if the Board elects to participate in the Process, the Board would need to decide whether to be a primary conflicting governmental entity. In the event the Board elects to participate in the Process as a primary conflicting governmental entity, the Board must adopt a resolution as required by Section 164.1052, Florida Statutes. The County Attorney's Office has attached a draft resolution for the Board's consideration. The County Attorney's Office has also attached a draft letter to the City as required by Section 164.1052, Florida Statutes. The costs of the Process are to be split evenly between the primary conflicting governmental entities. Although there will be costs associated with participating in the Process, including the use of outside counsel, the Process does not include the typical discovery costs of litigation, such as preparing for and taking depositions and preparing and responding to interrogatories and requests for production. FUNDING. The costs of the Process are to be split evenly between the primary conflicting governmental entities. The funding for participating in the Process will come from MSTU Fund/Cash Forward. Outside the costs of utilizing outside counsel in the Process, the County Attorney does not anticipate the Process costing more than $5,000. 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 participate in the Process. If the Board elects to participate in the Process, the County Attorney's Office recommends that the Board adopt the attached resolution and approve the attached letter so that the County will have the same rights in the Process as the City and the Town. ATTACHMENT(S). Letter from Mayor Barefoot to City of Vero Beach, dated July 18, 2014 (without attachment) Proposed Resolution Proposed Letter to Town of Indian River Shores and City of Vero Beach E:l.luomey,Llnda'GEVER4L,B C C Agenda.ifemos:Indian River Shores- COIB Governmental Conflict Resolution Act doc 537 MAYOR: BRIAN M. BAREFOOT VICE MAYOR: GERARO A. WEICK COUNCIL l i rot. tS w. CAODEN novo) M. ) IAveN ANR THOMAS F SLATI A TOWN MANAGER ROBERT H STARE. JR CErVED TOWN OF INDIAN RIVER SHORES 6001 NORTH A -1-A, INDIAN RIVER SHORES, FLORIDA 32960 (772) 231.1771 FAX (772) 231.4348 July 18, 2014 BOARD OF CO ]VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED] COMMISSION JUL 2 12014 Mayor Richard Winger Vice -Mayor Jay Kramer Councilmember Craig Fletcher Councilmember Amelia Graves Councilmember Pilar Turner City Manager James R. O'Connor City of Vero Beach P. O. Box 1389 Vero Beach, FL 32961-1389 Re: Town of Indian River Shores Dear Mayor Winger, Councilmemhers, and City Manager: As you know, residents of the Town of Indian River Shores ("Town"), the majority of whom receive electric utility service from the City of Vero Beach ("City"), have for years paid much higher electric rates than their neighbors who are served by another utility. This morning, the Town Council voted to take several actions to achieve rate relief for its citizens. By this letter, the Town is notifying the City that: (i) The City's Franchise to operate an electric utility within the corporate limits of the Town expires November 6, 2016, and thereafter the City will no longer have the Town's permission to operate its electric utility within the Town; (ii) The Town has initiated a lawsuit against the City which, among other things, challenges the City's unreasonable electric rates and seeks a court order to have the City remove its electric facilities from the Town upon expiration of the Franchise Agreement; and, (iii) The Town agrees to abate its lawsuit against the City in order to pursue a resolution of this dispute under the conference and mediation procedures set forth in Florida's Governmental Conflict Resolution Act. 538 Mayor Richard Winger Vice -Mayor Jay Kramer Councilmember Craig Fletcher Councilmember Amelia Graves Councilmember Pilar Tumer City Manager James R. O'Connor July 18, 2014 Page: 2 THE CITY'S FRANCHISE TO PROVIDE ELECTRIC SERVICE WITHIN THE TOWN EXPIRES ON NOVEMBER 6, 2016 The City provides electric utility service to approximately 80 percent of the Town. The remainder of the Town is served by Florida Power & Light Company ("FPL"). The City's provision of electric utility service within the Town is permitted pursuant to a Franchise Agreement which the Town entered into with the City in 1986. In that agreement the Town granted the City an exclusive 30 -year franchise to operate an electric utility within certain parts of the Town south of Old Winter Beach Road. In return, the City agreed to only charge the Town and its residents "reasonable" rates for the electric services that it provides. The City's electric rates have increased dramatically over the last ten years. Today, the Town and its residents are being forced to pay unreasonable electric rates which are approximately 30 percent higher than the electric rates paid by other Town citizens receiving the same unit of electric service from FPL. Our conservative calculations show that citizens of the Town that receive electric service from the City are collectively paying in excess of $2 million per year more than they otherwise would pay if electric service were to be provided by FPL. To compound these inequities, the City has given the Town and its citizens that receive electric service from the City no voice in electing those officials that manage the City's electric utility system and set rates. The Town and its citizens have waited patiently for the City to address its excessive electric rates and the myriad of other problems that continue to plague its electric utility. However, our Town Council has a responsibility to protect its citizens and can wait no longer. As you know, the Franchise Agreement between the Town and the City will expire on November 6, 2016. Please be advised that the Town will not renew the Franchise. Furthermore, as of November 6, 2016, the City will no longer have the Town's permission to occupy the Town's rights-of-way and other public areas, nor will it have the Town's permission to operate its electric utility within the Town's corporate limits. THE TOWN'S LAWSUIT AGAINST THE CITY In addition, please be advised that the Town has filed a suit (enclosed) against the City to protect our citizens. Included in that suit is a challenge to the City's unreasonable electric rates, a demand that the City remove its electric facilities from the Town when the Franchise Agreement expires, and a Constitutional challenge regarding the denial of rights to non-resident customers. Although litigation is something that we had hoped to avoid, the City's actions have left us with no other alternative to protect our citizens from the City's unreasonable electric rates and disregard for its non-resident customers who have no voice in electing the officials who manage the utility. 539 Mayor Richard Winger Vice -Mayor Jay Kramer Councilmember Craig Fletcher Councilmember Amelia Graves Councilmember Pilar Turner City Manager James R. O'Connor July 18, 2014 Page: 3 THE FLORIDA GOVERNMENTAL CONFLICT RESOLUTION ACT Because the lawsuit involves two municipalities, the suit is subject to the procedures of the Florida Governmental Conflict Resolution Act, Chapter 164, Florida Statutes (the "Conflict Resolution Act"). By the passage of Resolution 14-05 today, a certified copy of which is attached, the Town has agreed to abatement of its lawsuit in order to pursue dispute resolution under the conference and mediation procedures set forth in the Conflict Resolution Act. The Town is hopeful that a mediated resolution can be reached, but if not, the Town will have no choice but to proceed with prosecution of the lawsuit. The Conflict Resolution Act sets forth an expedited timeline and procedural requirements to encourage the prompt resolution of disputes between municipalities. The Town proposes that the initial conflict assessment meeting, pursuant to Section 164.1053, Florida Statutes, be held on either August 13 or 14, 2014 at 6001 North AIA, Indian River Shores, Florida 32963. The Town suggests that the respective Chief Administrators of the Town and the City be present, along with respective counsel, as well as any other officials, counsel or advisors whom they deem appropriate. Furthermore, the Town believes that Indian River County, Indian River County Hospital District, and the Indian River County School Board are other governmental entities which should be invited to participate in these proceedings, and the Town will provide notice accordingly. The Town additionally proposes that it may be beneficial for the parties to agree on a facilitator or mediator to assist in the resolution of this dispute at an earlier stage of the process than required by the Conflict Resolution Act. We look forward to collaborating with the City on the logistics of a mutually acceptable dispute resolution process, subject to the deadlines and procedural requirements of the Conflict Resolution Act. Please have the City Manager contact our Town's Manager at your earliest convenience to discuss scheduling the conflict assessment meeting and any related issues. Sincerely, Brian M. Barefoot Enclosures cc: Indian River County Indian River School Board Indian River County Hospital District 540 RESOLUTION NO. 2014- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA JOINING THE FLORIDA GOVERNMENTAL CONFLICT RESOLUTION PROCESS INITIATED BY THE TOWN OF INDIAN RIVER SHORES WITH THE CITY OF VERO BEACH. WHEREAS, on July 18, 2014, the Town of Indian River Shores ("Town") held a special call meeting at which the Town voted to adopt a resolution initiating the Florida Governmental Conflict Resolution process with the City of Vero Beach ("City") concerning its conflict over unreasonable electric rates, the City's refusal to comply with the referendum requirements set forth in Section 366.04(7), Florida Statutes, and the removal of the City's electric facilities from the Town upon expiration of the City's franchise; and WHEREAS, the Florida Governmental Conflict Resolution Act, Chapter 164, Florida Statutes, requires governmental entities to follow a dispute resolution process prior to engaging in litigation against another governmental entity; and WHEREAS, on July 21, 2014, the Indian River County Board of County Commissioners received a copy of a letter from Town Mayor Barefoot sent to the City concerning the Town's lawsuit which invited Indian River County and other governmental entities, including the Indian River County Hospital District and the Indian River County School Board, to participate in the Florida Governmental Conflict Resolution process; and WHEREAS, Indian River County shares the same conflicts with the City; and WHEREAS, a governmental entity which receives notice of a conflict may, by passage of its own resolution, join the Florida Governmental Conflict Resolution process as a primary conflicting governmental entity; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: 1. The Indian River County Board of County Commissioners adopts as true and correct the recitals stated above and incorporates same by reference as part of this Resolution. 2. The Indian River County Board of County Commissioners hereby joins the conflict resolution process initiated by the Town with the City, as a primary conflicting governmental entity. 3. Pursuant to Section 164.1052, Florida Statutes, the Indian River County Board of County Commissioners requests that a letter and a certified copy of this resolution be sent to Town Manager Robert H. Stabe, Town Mayor Barefoot, the Town Council, City Manager James R. O'Connor and City Council by certified mail, return receipt requested. The letter shall state the nature of the conflict, and the justification for joining the conflict resolution process, and suggestions regarding the officials who should be present at the conflict assessment meeting. Copies of the letter shall also be provided to the Indian River County Hospital District and the Indian River County School Board. FAuorneylLindnlGE'N£RALUtesolutions & Ordinance..VtesolutionslChnpter 164 Rerolunon. doc Page 1 of 2 541 RESOLUTION NO. 2014 - The foregoing resolution was moved for adoption by Commissioner , and motion was seconded by Commissioner and, upon being put to a vote, the vote was, as follows: 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 19`h day of August, 2014. ATTEST: Jeffrey R. Smith, Clerk of Court BOARD OF COUNTY COMMISSIONERS and Comptroller OF INDIAN RIVER COUNTY, FLORIDA By: By: Deputy Clerk Peter D. O'Bryan, Chairman FAArrornrylbn laiGENERAL R4miutiona & OrdinanceeUtcwluriwnIChaprer 164 Rcaolurion.doc BCC approval date: August 19, 2014 Approved as to form and legal sufficiency: By: Dylan Reingold, County Attorney Page 2 of 2 542 RE: Indian River Shores v. City of Vero Beach Florida Governmental Conflict Resolution Process Town of Indian River Shores Mayor Barefoot, Town of Indian River Shores Councilmembers Town of Indian River Shores Manager City of Vero Beach Mayor Winger City of Vero Beach Councilmembers City of Vero Beach City Manager Dear Ladies and Gentlemen: On July 21, 2014, the Indian River County Board of County Commissioners ("Board") was copied on the letter you received from the Town of Indian River Shores ("Town") concerning their lawsuit against the City of Vero Beach ("City"). As you are aware, this action by the Town triggered the process set forth in the Florida Governmental Conflict Resolution Act, Chapter 164 of the Florida Statutes. Pursuant to Section 164.1052(2), Florida Statutes, the County had 10 days to elect to participate in this process. As the Board was not scheduled to meet again until August 19, 2014, County Attorney Dylan Reingold sent the Town a letter notifying the Town that Indian River County was electing to participate in the process, subject to ratification by the Board at its meeting scheduled for August 19, 2014. A copy of this letter was provided to City Attorney Wayne Coment. On August 19, 2014, the Board voted to adopt a resolution joining the Florida Governmental Conflict Resolution process initiated by the Town. In Town Resolution 2014-05, the Town raised several issues of conflict with the City, including unreasonable electric rates, the City's refusal to comply with the referendum requirements set forth in Section 366.04(7), Florida Statutes and the removal of the City's electric facilities from the Town upon expiration of the City's franchise. The Board shares these similar conflicts with the City. Over fifty percent of the customers of the City's electric utility are in the unincorporated areas of Indian River County. These customers are forced to pay unreasonable electric rates which are approximately thirty percent higher than those customers in the unincorporated areas of Indian River County served by FPL. Indian River County will also be seeking the removal of the City's electric facilities from the unincorporated areas of Indian River County upon expiration of the City's franchise in March, 2017. Finally, the Board shares the same concerns with respect to the City's refusal to conduct a referendum election as required by Section 366.04(7), Florida Statutes. As Indian River County shares these same conflicts and the Town has already initiated the Florida Governmental Conflict Resolution process concerning these issues, the Board believes that it is appropriate and necessary to join in the Florida Governmental Conflict Resolution process. It is my understanding that the Town and the City have already agreed to conduct the conflict assessment meeting on August 21st at 9:00 a.m. at the Indian River Shores Community Center located at 6001 North A1A, Indian River Shores, Florida, 32963. I believe that the chief administrators of the Town, City and Indian River County should be present along with respective counsel, as well as any other officials, counsel or advisors whom they deem appropriate. Indian River County also believes that the Indian River County Hospital District and the Indian River County School Board should be invited to participate in the process. It is my understanding that these other governmental entities have already received copies of the letter from the Town. 543 Sincerely, Peter D. O'Bryan, Chairman Indian River County Board of County Commissioners CC: Wayne Coment Esq. Chester Clem, Esq. Bruce May, Esq. Indian River County Hospital District Indian River County School Board 544 County Attorney's Matters - B.C.C. 08.19.14 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 Q DATE: August 7, 2014 SUBJECT: All Aboard Florida Agreement With Respect To Existing Crossing Agreements BACKGROUND. On December 26, 2013, Margarita Martinez Miguez, Assistant General Counsel, VP -Legal for Florida East Coast Industries, sent the County Attorney a draft agreement concerning All Aboard Florida — Operations, LLC ("AAF") and the existing crossing agreements between Indian River County and Florida East Coast Railway, LLC. In the proposed agreement, AAF was agreeing to pay for the initial development costs of any crossing improvements required by applicable laws for safety. AAF specifically excluded any costs for other improvements such as the establishment of quiet zones. In exchange for such offer, Indian River County would agree to allow AAF to become a third party beneficiary of the various crossing agreements between Indian River County and Florida East Coast Railway, LLC. The agreement contained a provision stating that the offer would expire in 60 days. This form agreement was provided to the various other local governments with crossing agreements. Chris Mora, Public Works Director, and the County Attorney had two conversations with Ms. Martinez Miguez and Mr. Robert Ledoux, Jr. of Florida East Coast Railway Company. In our discussions, Ms. Martinez Miguez and Mr. Ledoux assured the Public Works Director and the County Attorney that the increase in the annual signal maintenance fees would not exceed $800 per year per crossing. Additionally, Ms. Martinez Miguez and Mr. Ledoux assured the Public Works Director and the County Attorney that no other fees would be increased. On January 21, 2014, the County Attorney sent a revised agreement to Ms. Martinez Miguez and Mr. Ledoux which 1) memorialized the promises concerning the maintenance and license fees, 2) provided for cooperation and coordination between AAF, Florida East Coast Railway, LLC and Indian River County with respect to additional right-of-way improvements at the crossings, and 3) eliminated the third party beneficiary status of AAF. The County Attorney received no response to the proposal. Approved for August 19, 2014 BCC Meeting County Attorney's Matters COUNTY ATTORNEY F: UnornrylLindaIGENEBALIB C ClAgendo MemoslAll Aboard Florida LenerAgrermenr.doc 545 Indian River Co. • •Jed •v Date Admin. v► g,,/,1 Co. Atty. ► Budget ILIA �']�1U1 $ $ i4 Department :Niel Risk Management - 545 Board of County Commissioners August 7, 2014 Page Two On July 2, 2014, Neil M. Schiller, an attorney with Becker & Poliakoff, P.A, sent an email to the County Attorney stating that his firm represented AAF. The email contained another version of a proposed agreement between AAF, Florida East Coast Railway, LLC and Indian River County. The revised version is almost identical to the originally proposed agreement. The proposed agreement contains a provision stating that the offer would expire in 120 days, which is October 16, 2014. The revised version of the agreement does not contain any of the provisions requested by the County Attorney in January 2014. Like the original proposed agreement, this form agreement was provided to the various other local governments with crossing agreements. Currently, Indian River County has 21 crossing agreements with Florida East Coast Railway, LLC. Pursuant to most of the crossing agreements, Indian River County is responsible for all of the costs associated with laying an additional track at the crossing site including, but not limited to, paving, traffic signalization, concrete surface structures, and warning devices. As previously stated, AAF is offering to pay for the costs of the initial improvements associated with the additional track in exchange for third - party beneficiary status. However, it is important to note that Indian River County is still solely responsible for the costs associated with ongoing maintenance and replacement of all facilities at a crossing site including, but not limited to, the concrete crossing structure, drainage facilities, lighting facilities and railroad and highway devices (e.g. warning devices, railroad signalization equipment, etc). According to Indian River County's Public Works Department, the second track and improvements will cost Indian River County an additional $280,768 per year. This estimate includes the annual maintenance fees and periodical rehabilitation costs. In most of the agreements, Indian River County also agreed to indemnify, defend and hold Florida East Coast Railway, LLC, harmless for assessments and other charges of any kind whatsoever against the railroad at any time for any portion of the public improvement installed on or within 200 feet of the crossing site arising out of the existence of the site. If the Board chooses to enter into an agreement to make AAF a third party beneficiary, it will obligate the County to provide the same indemnity protection to AAF as it does to Florida East Coast Railway, LLC. FUNDING. The funding for annual maintenance fees and periodical rehabilitation costs comes from a combination of ad valorem taxes and gas taxes. Any increase in these fees and costs will come from ad valorem taxes. RECOMMENDATION. The County Attorney's Office recommends that the Chair allow for public comment on this matter and then have the Board to reject the proposed agreement and negotiate a revised agreement which addresses the concerns raised by the Public Works Department and the County Attorney's Office. ATTACHMENT(S). Proposed Letter Agreement F A,,orney ,,daGECER.ILB C C'Ageada Memos ...III Aboard Florida Leifer Agreeme r.doc 546 EL)Florida East Coast RAILWAY Robert B. Ledoux Senior Vice President, General Counsel and Corporate Secretary June 18, 2014 Dylan Reingold, Esq. c/o Indian River County 1801 27th Street Vero Beach, Florida 32960-3365 Re: Agreement between Florida East Coast Railway, L.L.C. ("FECR), Indian River County (the "Licensee') and Al! Aboard Florida — Operations LLC ("21AF') with regard to the documents listed on Exhibit A• hereto (as amended and assigned to date, the "Crossing Agreements') relating to the crossings referenced therein (the "Crossings') Dear Mr. Reingold: This letter shall serve to memorialize the agreement reached between Licensee, FECR and AAF relating to the Crossing Agreements in existence that govern the Crossings (as such Crossings are more particularly defined in the Crossing Agreements) and terms relating to the construction, maintenance and safety of such Crossings. Specifically, and without modification to any other term, obligation: or condition: set forth in the Crossing Agreements, Licensee, FECR and AAF hereby agree to the following terms and conditions, in exchange for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged` by the parties: • AAF is developing an intercity passenger rail service from Miami to Orlando (the "Project"). • AAF shall incur the necessary and reasonable capital investments to complete the initial installation of crossing improvements at the Crossings to the extent required for the Project to comply with currently applicable laws regarding safety at public crossings and commence passenger rail service (the "Initial Development Cost"). It is acknowledged and agreed, however, that the AAF's commitment to cover the Initial Development Cost for the installation of crossings improvements at the Crossings for the Project shall not encompass the cost of any other improvements to the Crossings, including any improvements required or desired by Licensee such as those related to the establishment of quiet zones. The Initial Development Cost expressly excludes any and all costs related to such other improvements. In consideration of the foregoing, Licensee confirms the following: • The Crossings, as improved for the Project, shall continue to be governed by the Crossing Agreements. • The Licensee shall not be responsible for the Initial Development Cost, but shall be liable for any and all other costs due under the Crossing Agreements with respect to 547 the Crossings as improved, provided, however, that Licensee shall be entitled to receive ari estimate of any and all costs or expenses to be paid by Licensee pursuant to, the Crossing Agreements at least ninety (90) days in advance of the date by which payment shall be due. • AAF is an intended third -party beneficiary of the Crossing Agreements, with the right to enforce the terns and conditions thereof. • Except as expressly provided herein with regard to the planned improvements to the Crossings, the Initial Development Cost and AAF's beneficiary status, all of the terms, conditions, covenants, agreements and understandings contained in the Crossing Agreements shall remain unchanged and in full force and effect, and the same are hereby expressly ratified and confirmed by the Licensee. This includes, without limitation, the Licensee's continuing obligations related to construction, maintenance, safety, future changes and upgrades to the Crossings and the reimbursement of costs, all of which would continue to be governed by the Crossing Agreements, provided, however, that Licensee shall be entitled to receive an estimate of any and all costs or expenses to be paid by Licensee pursuant to the Crossing Agreements at least ninety (90) days in advance of the date by which payment shall be due. If' these tuns are acceptable, please sign this letter in the space provided at the end of this signature page and return that signed documentto us. To facilitate this process, itis agreed that this letter will be executed in counterparts, each of which will be deemed to be an original copy of this letter and all of which, when taken together, will be deemed to constitute one and the same agreement. It is also agreed that signed counterparts may be transmitted electronically (as an Adobe PDF file) or by facsimile, and that delivery in that way shall have the same force and effectas the delivery of original signatures. Also, this letter will be construed in accordance with the laws of the State of Florida, without regard to conflict of, laws principles. Please understand, however, that the terms of this letter and any offer presented herein will expire and shall be null and void on the date that is 120 days of the date hereof if it has not been executed and returned to us by then. Further, if the improvements at the Crossings for the_Project are not completed by December 31, 2018, the terms of this letter and any offer presented herein will expire and will be null and void. We do hope to hear from you soon and look forward to working together. If you should have any questions, please contact Neil Schiller at Becker & Poliakoff (561) 655-5444 or nschillerAbnleeal.com. Sincerely, Florida East Coast/Railway, L.L.C. By: �V ��-CC/ Print Name: Y 2 beet .1e400,4 Print Title: 5 V P All Aboard Florida — Operations LLC By: PrintName:P. MIGHFEEL it -VI nl/n1Cil . Print Title: PRE- t fl 4- CDC 7150 Philips Highway, Jacksonville, FL, 32256 Telephone 904/2791111 -- robei .ledoux r@fecr y.com 548 Cc: Robert Ledoux, FECR Margarita Martinez Miguez, AAF AGREED, ACKNOWLEDGED AND CONFIRMED: By: Print Name: Print Title: 7150 Philips Highway, Jacksonville, FL, 32256 Telephone 904/279-3111 — robert.ledoux a fecrwy.com 549 Exhibit A Crossing Agreements Listing Sebastia n 212+29 91 Roseland Road 272159 U Indian River County 5/23/00 Sebastia n 214+43 75 CR 512 Westbound 273063 H Indian River County 12/19/95 Sebastia n 215+31 5 Fellsmere Road - SR 512 272162 C Indian River County 12/19/95 Sebastia n 216+20 Old Dixie Highway 272163J Indian River County 7/6/04 Sebastia 217+32 99th Street - 272165 Indian River n 26 Vickers Rd X County 11/26/75 Winter 219+30 W. Wabasso Rd - 272168 Indian River Park 59 SR510 T County 3/2/05 Winter 220+36 Hobart 272170 Indian River Park 89 Road U County 12/8/95 Winter 221+42 69th St - N. 272172 Indian River Park 12 Winter Bch H County 3/29/05 Winter 222+17 South Winter 272173 Indian River Park 04 Beach Rd P County 3/29/05 Gifford 223+94 Hawks Nest Golf 272175 Indian River 3 Course D County 1/3/86 Gifford 223+47 53rd Street 273108 Indian River 0 M County 10/9/08 Gifford 2244++21 49th Street 272177 Indian River S County 12/8/65 Gifford 224+49 45th Street 272178 Indian River 45 Y County 5/23/95 Gifford 225+63 2 43rd Street 272179 F Indian River County 10/5/66 Gifford 225+24 18 41st Street 272180 A Indian River County 6/7/94 Vero 228+11 272195 Indian River Beach 8 16th Street P County 2/22/06 Oslo 228+34 86 12th Street 272196 W Indian River County 5/8/85 Oslo 229+98 3 Glendale Road 272197 ID Indian River County 7/18/84 Oslo 229+39 4th Street 273049 Indian River 6/24/03 550 551 82 M County Oslo 230+76 1st Street 272199 S Indian River County 12/8/65 Oslo 231+16 Oslo Road - SR 272200J Indian River 4/7/92 51 606 County Oslo 232+45 20th PI. S.W. - 272201 Indian River 1/17/58 23 Highlands R County 551 Attorney's Matters - B.C.C. 08.19.19 Office of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: August 8, 2014 SUBJECT: Economic Development Council Vacancy 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 position of "Real Estate Industry" representative vacancy on the Economic Development Council, which term expires in January 2015. The vacancy has been advertised on the County's website and on Channel 27 in excess of 30 days, and there was one qualified applicant for this position, whose resume is available for review in the Commission Office: MICHAEL LAFFERTY RECOMMENDATION. The County Attorney recommends that the Board review the applicant's resume, and determine whether to appoint him to fill the unexpired term for the "Real Estate Industry" representative to the Economic Development Council. APPROVED FOR AUGUST 19, 2019 B.C.C. MEETING – ATTORNEY'S MATTERS COUNTY ATTORNEY F: 1ArrorneyU.rda1GENERALIB C C 4genda Alemo.lCommirree Vacancy (1DC) 4.dacr 552 Indian River Co. •4oved Date Admin. gl/y, �►i Co. Atty. � .� Budget � � 1 Dept. Risk Mgr. IF — 552 06/26/2014 THU 13:16 FAX 7725621200 The Lafferty Group Name: INDIAN RIVER COUNTY APPUCATION FOR COMMITTEE APPOINTMENT Full Name: Street Address (No P.O. Boxes): Home Phone: Date: Email Address: u001/006 Work Phone: How long have you been a resident of Indian River County? Cell Phone: Are you a full or part time resident? Check one: Full TimefPart TimeE Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. Please list any licenses you presently hold: Please list any organization of which you are currently a member: Please list any other committees or boards you currently sit on: Continued on next page 553 06/26/2014 THU 13:16 FAX 7725621200 The Lafferty Group U002/006 Place a check mark next to the commlttee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE E AGRICULTURE ADVISORY COMMITTEE C BEACH & SHORE PRESERVATION'ADVISORY COMMITTEE - E BOARD OF ZONING ADJUSTMENT CHILDREN'S SERVICES ADVISORY COMMITTEE ❑ CODE ENFORCEMENT BOARD r COMMUNITY DEVELOPMENT BLOCK GRANT E CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS ❑ ECONOMIC DEVELOPMENT COUNCIL 1 l ENTERPRISE ZONE DEVELOPMENT AGENCY E ENVIRONMENTAL CONTROL HEARING BOARD ❑ MPO BICYCLE ADVISORY COMMITTEE ❑ MPO CITIZEN ADVISORY COMMITTEE ❑ NEIGHBORHOOD STABILIZATION PROGRAM — CITIZEN ADVISORY TASK FORCE (-' ��---- PLANNING & ZONING COMMISSION l i SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE ❑ TOURIST DEVELOPMENT COUNCIL ❑ TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD ❑ TREASURE COAST REGIONAL PLANNING COUNCIL — COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY ❑ 5 /: t e ' rU r to the Board of County Commission office, 180127th8,•4�.': " Street, Vero Beach, FL, 82960, or by fax at 772-770-5334. Please note: All applications are kept on file for one year from date received. 554 06/26/2014 THU 13:16 Fax 7725621200 The Lafferty Group 0003/006 MICHAEL LAFFERTY 1935 Bridgepionte Cr. • Vero Beach • Florida 32963 • (772) 633-6345 • mike@thelaffertygroup.com GOAL To aggressively prospect, maximize sales, and provide exemplary customer service • Quota -surpassing sales representative with a history of exceeding employer expectations across diverse industries. Enjoy talking to people and establishing a long -tern, loyal customer base. • Persuasive communicator; use consultative selling skills to identify opportunities, overcome objections, build , relationships and turn cold canvassing into sales. • Tenacious negotiator and closer; adept in conveying the benefits of products/scrvices and generating customer interest. Quickly learn, master and sell new product offerings. • Client Acquisition & Retention • Cold Calling & Telephone Sales • Territory Sales Management & Customer Support SALES SKILLS • Powerful Presentations • Business -to -Business & Business -to -Consumer Sales • Lead Qualification & Generation • CAREER PROGRESSION THE LAFFERTY GROUP REAL ESTATE, INC, Vero Beach, FL Broker/Owner, 2003 -Present Manage operations and training of an eight -person sales team. Examine and evaluate prospective residential and. commercial properties. Responsible for making offers, closing deals, and initiating resale activity. Prepare purchase and sale agreements. Determine market value for bank -owned properties and communicate with Asset Managers. Develop strong rapport with customers, resulting in numerous' referrals. Sales Results: • Consistently exceed projected yearly sales goals as set by market trends. • Expert in the acquisition, marketing, and sale of foreclosed properties. • Elected Vice President of the Realtors Association of Indian River County in 2010. • Elected President -Elect of the Realtors Association of Indian River County in 2011. • Elected President of the Realtors Association of Indian River County in 2012 KROLL-FACTUAL DATA, Loveland, CO Regional Sales Manager/National Sales Rep, 1999-2003 Provided leadership and support for regional sales representatives. Set and monitored strategic goals for central region. Assisted with national sales negotiations and communicated with key decision makers, matching customers with the right solutions for their needs. Managed customer accounts, built positive relationships with customers and grew account base within territory. Sales Results: • Expanded Kroll -Factual Data into new market areas, increasing national presence. • First region to achieve 51,000,000 in monthly sales. • Acquisition analysis of potential purchases for Factual Data. • 555 06/26/2014 THU 13:16 Fax 7725621200 The Lafferty Group (4004/006 CAMORRA CIGARS, Savannah, GA Chief Operations Officer/Sales 1994-1999 Developed products that were taken froiu negotiation of raw materials in the global marketplace through the process of customs, warehousing, development, pricing, marketing and shipping to 'finished products sold in the national US retail market. Set and monitored strategic goals for national sales. Managed daily sales goals and operations of cigar sales. Attended national trade shows. Sales Results: • Created sales campaigns, resulting in brand awareness and sales. • Directly responsible for import and delivery of cigars to over 500 stores in the US and Canada. EDUCATION University of Florida, BSBA Finance 1984-1998 1FREC Real Estate School, Florida Real Estate Sales Associate License 2003, Florida Real Estate Broker's License 2004 PROFESSIONAL DEVELOPMENT COURSES Real Estate Principals, Practice, and Law Graduate Realtor institute I, lI and 11I Dale Carnegie Course Florida Realtorse Spokesperson issues Training Course PROFESSIONAL MEMBERSHIPS Realtors Association of Indian River County, 2003 -Present • President, 2012/2013 • Pres. -Elect, 2012 • Vice President, 2010-2011 • Director, 2007-2009 • Budget Committee, 2006 -Present • Government Affairs Committee, 2004-2007 Habitat for Humanity, 2007-2010 Indian River County Chamber of Commerce, 2007-2008 • Economic Development Committee Hibiscus Children's Center, 2005-2007 556 06/26/2014 THu 13:16 FAX 7725621200 The Lafferty Group Online Payments EREDD 8Y wqmccain Committee History Back Member ID 5366 Name Michael J. Lafferty Date 06/26/14 Print UJ005/006 Page 1 of 2 Maln Menu Logout Committee Date Formed gQQ2008 B©D2009 BODZ011 BOD201Z BOD2013, DOD2014 8UD2006 BU02007 BUD2008 BUD4010 DUD2013, BUD2012 EVGO0 FAR2011 FAR2012 GAC2005 GAC2007 GAC29( 10-01- 2007 10-01- 2008 10-01- 2010 10-01- 2011 10-01- 2012 10-01- 2013 10-01- 2005 10-01- 2006 10-01- 2007 10-01- 2009 10-01- 2010 10-01- 2011 10-01- 2005 03-08- 2012 04-05- 2013 10-01- 2003 10-01- 2004 10-01- 2006 10-01- 2007 Committee Description BOARD OF DIRECTORS 2008 BOARD OF DIRECTORS 2009 BOARD OF DIRECTORS 2011 BOARD OF DIRECTORS 2012 BOARD OF DIRECTORS 2013 BOARD OF DRIECTORS 2014 BUDGET COMMITTEE 2006 M BUDGET COMMITTEE 2007 M BUDGET COMMITTEE 2008 M BUDGET COMMITTEE 2010 M PositionStarted on Through Date Date DIR DIR VP PE P PP BUDGET COMMITTEE 2011 KEY BUDGET COMMITTEE 2012 M GOLF SUBCOMMI TEE HABITAT COMM 2006 FLORIDA REALTORS HONOR SOCIETY 2011 FLORIDA REALTORS HONOR M SOCIETY 2012 GOVERNMENT AFFAIRS COMMITTEE 2004 GOVERNMENT AFFAIRS COMMITTEE 2005 GOVERNMENT AFFAIRS COMMITTEE 2007 GOVERNMENT AFFAIRS COMMITT 2008 M M M M https://mclweb.mmsi2.com/indianss/account/sotipts/MRoomhis.pl 10-01- 2007 10-01- 2008 10-01- 2010 10-01- 2011 10-01- 2012 10-01- 2013 10-01- 2005 10-01- 2006 10-01- 2007 10-01- 2009 10-01- 2010 10-01- 2011 10-01- 2005 03-08- 2012 04-05- 2013 06-01- 2004 10-01- 2004 10-01- 2006 10-01- 2007 09-30- 2008 09-30- 2009 09-30- 2011 09-30- 2012 09-30- 2013 09-30- 2014 09-30- 2006 09-30- 2007 09-30- 2008 09-20- 2010 09-30- 2011 09-30- 2012 09-30- 2006 09-30- 2004 09-30- 2005 09-30- 2007 09-30- 2008 6/26/2014 557 06/26/2014 THU 13:16 FAX 7725621200 The Lafferty Group Online Payments 01-01- GRIEVANCE COMMITTEE M 01-01- 12-31- 2010 2010 2010 2012 12-02- LOCAL HONOR SOCIETY 12-02- H5201, 2011 2011 M 2011 }15203,3 12`31 Local Honor Soclety 2013 M 12-31 2013 2013 10-01- MULTIPLE LISTING 10-01- 09 -30 - KEY 2008 COMMITTEE 2009 2008 2009 04-09- NOMINATING COMMITTEE 04-09- 09-30- 2014 2014 C 2014 2014 01-01- PAST PRESIDENTS OF THE 01.01- 09-30- 2032 ASSOCIATION M 2012 2013 0 20111. R. Rfchblb'$, LLC prIMS1), A!1 righu ivsdr 4.411 rich!, rc cn'r4, rd)006/006 Page 2 of 2 https://mdweb.mmsi2.com/indianss/account/scripts/MR.comhis.pl 6/26/2014 558 ITEM 14.A.1 August 19, 2014 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: July 23, 2014 SUBJECT: Request for Letter for Okeechobee County FROM: Peter D. O'Bryan, Commissioner District 4 I would like to request the Board to consider and approve a letter indicating Indian River County's agreement, disagreement, or neutral stance regarding Okeechobee County's requested re -designation of their workforce region from Region 20 (CareerSource Research Coast) to Region 19 (CareerSource Heartland). Backup Provided. Attachment: E-mail from Donna Doubleday Okeechobee's Letter to Governor Rick Scott 559 Terri Collins -Lister From: Dori Roy ...Sent: Wednesday, July 16, 2014 11:45 AM To: Terri Collins -Lister Subject: FW: Assistance needed please- Request for letter for Okeechobee County- follow-up Attachments: Workforce Board Info.pdf Importance: High From: Donna Doubleday[mailto:ddoubleday@careersourceheartland.com] Sent: Friday, July 11, 2014 3:36 PM To: Joe Baird Cc: Dori Roy Subject: FW: Assistance needed please- Request for letter for Okeechobee County- follow-up Importance: High Mr. Baird and Ms. Roy, Thank you for your assistance in the matter noted below. Please feel free to contact me if you have questions or concerns (863-385-3672 ext 303). Tnx ,,,,gonna Dm-,za ,2,�.d 4 President/Chief Executive Officer CareerSource Heartland 5901 US Hwy 27 South, Suite 1 Sebring, FL 33870 (863) 385-3672 Ext. 303 From: Donna Doubleday Sent: Friday, June 27, 2014 12:30 PM To: 'jbaird@ircgov.com' Cc: rchartier@co.okeechobee.fl.us Subject: Assistance needed please- Request for letter for Okeechobee County- follow-up Importance: High Hello Mr. Baird, I hope this finds you doing well. As you know, Okeechobee County has requested re -designation of their workforce region from Region 20 (CareerSource Research Coast) to Region 19 (CareerSource Heartland). I am the President/CEO of the possible receiving workforce region, and, as such, am working to assist Ms. Chartier (Okeechobee County's Administrator) in finalizing this request. We are asking for your prompt assistance. Since Indian River County is currently served through Region 20, a letter from Indian River County (IRC) is needed, indicating IRC's agreement, disagreement, or neutral stance regarding this request. The letter can be as simple as: 560 "Indian River County, as part of CareerSource Research Coast (Region 20) voluntarily agrees (or disagrees, or remains neutral) to the re -designation of Okeechobee County from its current workforce designation in Region 20 to the new designation in Region 19 (CareerSource Heartland)." This letter is all that is needed for Okeechobee to submit its final request. A scanned /emailed copy of the letter is acceptable. Please send this letter to Robbie Chartier and please cc me. Our information is: Robbie Chartier, County Administrator Okeechobee County 304 NW 2nd Street, Room 123 Okeechobee, FL 34972 rchartierPco.okeechobee.fl.us Donna Doubleday, President/CEO CareerSource Heartland 5901 US 27 S, Ste 1 Sebring, FL 33870 ddoubleday@careersourceheartland.com Attached and below please find additional information regarding Okeechobee's request. Please feel free to contact me with any questions. Thank you for your help! donna From: Robbie Chartier[mailto:rchartier@co.okeechobee.fl.us] Sent: Tuesday, April 08, 2014 6:09 PM To: ibaird@ircgov.com; Faye Outlaw; 'Taryn Kryzda'; g.maxcy@desotobocc.com; BJones@MyGlades.com; Charles Chapman; 'Lex Albritton'; June Fisher Cc: Gina Reynolds; Donna Doubleday; sunshine@clerk.co.okeechobee.fl.us Subject: Request for a letter please All, Okeechobee County is seeking a re -designation on the Region we are assigned to for Workforce Development. We are currently assigned to Region 20 (Workforce Solutions) and would like to be re -designated to Region 19 (Heartland Workforce). The process to do this is undeveloped and no one in the nation has ever asked this before, so working through a brand new process has its challenges. We were originally told to obtain approval from both the Workforce Boards as one of the steps in the process. Which we did and both Regions agreed to allow us to move. Now we are being told that we are required to obtain a letter from EACH COUNTY in EACH REGION stating that you voluntarily agree to allow OKEECHOBEE COUNTY to move from Region 20 to Region 19. I have attached Okeechobee County's letter to the Governor and back ground information regarding our request for re- designation to assist you in understanding our reasoning and hope that each of the county's will voluntarily agree to allow Okeechobee to move. The State is waiting on these letters in order to move forward in the process, so, if you could be so kind as to forward these letters to me as quickly as is feasible in your busy schedules, I will be very grateful. you should have any question or concerns please don't hesitate to contact me, my contact information is below. Kind regards, 2 561 Nd. Rea& 4. antiet, we"' ,1 County Administrator Okeechobee County 304 NW 2nd Street, Room 123 Okeechobee, FL 34972 Ph: 863-763-6441 Fax: 863-763-9529 Public Records Notice: Florida has a very broad Public Records Law. Written communications to or from State and Local Officials regarding State or Local business are public records available to the public and media upon request. "Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public -records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing." r 3 562 Board of County Commissioners Okeechobee County January 31, 2014 Governor Rick Scott 1580 Waldo Palmer Lane, Suite 1 Tallahassee, FL 32308 RE: Re -designation of Local Workforce Investment Area To the Honorable Governor Scott: ZLQ c. 304 N.W. 2nd Street, Roorn 123 Okeechobee, Florida 34972 863-763-6441 Fax 863-763-9529 This letter and accompanying materials are submitted as a request from Okeechobee County Board of County Commissioners for re -designation of Local Workforce Investment Area. In this letter, Workforce Solutions Region 20 will be referred to as "Region 20" and Heartland Workforce will be referred to as "Region 19". Okeechobee County is currently designated in Region 20 and seeks to be re -designated to Region 19. Region 20 includes the counties of Indian River, Martin, Okeechobee, and Saint Lucie primarily urban counties, while Region 19 encompasses DeSoto, Hardee, and Highlands Counties, primarily rural counties. The Treasure Coast Consortium represents the Chief Elected Officials of the impacted areas of Region 20. On July 1, 2013, I, Frank Irby, addressed the Treasure Coast Consortium Meeting and, Workforce Board Officers indicating to them Okeechobee County's desire to be re -designated from Region 20 to Region 19. The Consortium approved, by vote, to allow Okeechobee County to continue in the re -designation process, conditional upon the approval of the Workforce Development Board of the Treasure Coast. (Exhibit A) The Heartland Workforce Board of Directors met on April 17, 2013, at which time they agreed to accept Okeechobee County into Region 19 contingent upon the Honorable Governor's approval and the provision of adequate funding support. Following a review of related projected revenues and expenditures, this Board met again on October 23, 2013, and agreed to continue moving forward on this issue. (Exhibit B) On October 30, 2013, Angie Metcalf, Chair of Workforce Development Board of the Treasure Coast presented the facts to the board, related to the request by Okeechobee County to be re -districted from Region 20 to Region 19. The Board voted to allow the process of re -designation to continue. (Exhibit C) Ray Domer District 1 Bryant Culpepper District 2 Frank Irby District 3 Joey Hoover District 4 Margaret Garrard -Helton District 5 563 There have been no public comments received at any of the public meetings in which this subject was discussed. A Resolution from Florida's Heartland Regional Economic Development Initiative, Inc. (FHREDI) was received in support of the designation change. (Exhibit D) A Resolution from Central Florida Regional Planning Council (CFRPC) has been received in support of the designation change. (Exhibit E) A letter has been received from the Economic Council of Okeechobee in support of this change. (Exhibit F) Okeechobee County is more similar in demographics and economic profile with the Heartland Region, than the Treasure Coast. Okeechobee County is a rural area, with a population of 39,996. Okeechobee County already partners with counties to its west (Highlands, Glades, DeSoto, Hardee and Hendry), and this request would enhance our collaboration and alignment with our partner counties. Okeechobee County currently participates with the Florida Heartland Regional Economic Development Initiative, Inc. (FHREDI) which include but are not limited to: (Highlands, Okeechobee, DeSoto, Glades, Hendry and Hardee), Six (6) County partner in a Broadband Initiative which includes (Highlands, Okeechobee, Hardee, DeSoto, Glades, Hendry and area of Inunokalee, FL), Heartland Library Cooperative, Transportation Disadvantaged program, Heartland Education Consortium, Heartland Brownfields Revitalization Partnership, legislative representation, Central Florida Regional Planning Council and most recently Okeechobee County is joining with Highlands County and other rural county partners in a Regional TPO (Transportation Planning Organization). The Okeechobee School Board has partnered with the Heartland Education Consortium. Okeechobee County is served locally with our Indian River State College campus and we do not foresee any impact on this service. While the other counties of Region 20 are included in a Metropolitan Statistical Area (MSA), Okeechobee County is not so included. In fact, Okeechobee County shares an economic base more in line with therural counties of Region 19, in all categories including population numbers, demographics, average wage rates, business climates, and industry designations. Okeechobee County Elected Officials are in active discussion with their counterparts in Region 19 concerning improvements related to govemance systems, infrastructure and economic development needs, talent supply and development, and quality of life improvements. Re -designation into the Region 19 service delivery area would help strengthen these already existing collaborative partnerships and would allow the development of a continuum of services to enhance economic development and promote talent development to better meet the needs of the businesses and residents of this rural county. It is the intent of Region 19 to acquire the same office currently held by Region 20 in Okeechobee County, to serve the impacted local area. Therefore, this re -designation will have minimal impact to individuals requiring assistance as there will be no change in the distance those individuals will have to travel. Ray Domer District 1 Bryant Culpepper District 2 Frank Irby District 3 Joey Hoover District 4 Margaret Garrard -Helton District 5 564 Funding allocations for WIA and other workforce related programs are distributed based on a formula established by Workforce Florida, Inc. Resources to support Okeechobee County would be applied in the same manner as support for the other counties within the re -designated area. A review of historical data regarding the allocation of resources indicates that more emphasis is placed on the urban area in combined metropolitan/rural areas, than on the outlying rural areas. This re -designation will align resources to promote job creation and economic development consistent with the plans of the rural and urban areas, respectively and individually, as Region 19 is more familiar with Rural Areas of Opportunity, formerly known as Rural Areas of Critical Economic Concern (RACEC). Our request for a change in designation should be seen as Okeechobee County's belief that our County has more in common relationally with Region 19 than Region 20; and should not be viewed as a negative reflection of the County's relationship with Region 20. Thank you for your- consideration in this important matter. Please send any questions or official notices regarding this request to: Ms. Robbie Chartier County Administrator 304 NW 2"d Street, Room 123 Okeechobee, FL 34972 Sincerely, rank Irby, Chairman Board of County Commissioners cc: Chris Hart, Workforce Florida, Inc. Donna Doubleday, Heartland Workforce Richard Stetson, Workforce Board of County Commissioners Ray Domer District 1 Bryant Culpepper District 2 Frank Irby District 3 Joey Hoover District 4 Margaret Garrard -Helton District 5 565 ITEM 14.A.2 August 19, 2014 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: July 22, 2014 SUBJECT: Dodgertown Golf Course FROM: Peter D. O'Bryan, Commissioner District 4 I would like to request discussion by the Board to come to a consensus and instruct staff to make a recommendation on releasing and discharging the restrictions encumbering the Dodgertown Golf Course Property. Backup provided. Attachment: Letter from the City of Vero Beach 566 f/('`1",,.! 12i53 - 201h PLAC,C 1 PO.;'' 1389 VERO1 ACJJ Mkt :f ti1114. 32$_-)6l- 1389 �j�'� ('!c'?iilmie: (772) 72 ?73; ' C- (772) 978- 77`'�'tfTi'l+,ri1 l� s' OFFICE OF THE MAYOR July 17, 2014 Mr. Peter O'Bryan, Chairman County Commission 1801 27th Street Vero Beach, Florida 32960 RE: Dodgertown golf course Dear Chairman O'Bryan: AUL 21.\20 BO SCOMMIIO As you may know, in 2005 the City of Vero Beach purchased what is generally known as the Dodgertown golf course. The City Council at the time had the admirable goal of preserving the property as a municipally -owned public golf course, green space, or otherwise as a park -like setting rather than seeing the land more intensely developed as the commercial and multi -family uses planned by the previous owners. However, times and needs have changed, especially with the impact of the recession and resulting pressure on local government budgets and public needs. The City of Vero Beach currently pays approximately $690,000 per year in debt service on the Dodgertown property loans, which loans will not be paid in full until October 2025. This debt service is funded by the City's share of Local Discretionary Sales Surtax. This dedicated use of revenue directly and substantially reduces the capital funding available for more pressing public needs such as addressing the water quality issues of the Indian River Lagoon and street improvements. These critical infrastructure improvements benefit the community as a whole. As we are all aware, stormwater discharges and transportation issues are of critical concern now and will be into the future and represent true governmental functions. The City Council has determined that selling the Dodgertown golf course property and thereby eliminating the associated debt service would result in making this revenue available to address these more pressing and important public needs now and in the future. Unfortunately, there are certain development restrictions attached to the property that reflected the City Council's goals at the time of the acquisition which restrictions drastically reduce the viable uses for the property and thus its value and prospects for a commercially reasonable sale. In particular, these restrictions limit the property's use solely to: (a) a municipally -owned public golf course; (b) green space; (c) a park -like setting; or (d) any combination of the foregoing three uses. These restrictions on the permitted uses of the property are imposed in various documents, including a Collateral Development Agreement, as amended, a Declaration of Covenants, conditions, and Restrictions, as amended, and the Warranty Deed. While these restrictive covenants originated between other parties at the time of the City's purchase of the golf course 567 Page 2 Dodgertown golf course July 17, 2014 property, Indian River County and the Board of County Commissioners now stand in the shoes of the original parties involved with the City of Vero Beach due to the acquisition of Dodgertown from the Dodgers organization. In the spirit of cooperation, the City of Vero Beach and its city councils have stood with the Board of County of Commissioners and contributed to the County's purchase of Dodgertown and, more recently, in the transfer of a portion of the City's Dodgertown golf course property (from which the Commission released the restrictions) to the County in exchange for less acreage in order to facilitate the development of the new cloverleaf fields. In addition, the City agreed to allow one third of the retention pond (1.2 acres +/-) that serves the cloverleaf fields to be constructed on the City's Dodgertown golf course property. In that same spirit of cooperation, the City Council now requests the assistance and consideration of the Board of County Commissioners in releasing the restrictions encumbering the City's property. Release and discharge by the Commission of the restrictions encumbering the Dodgertown golf course property would help facilitate the feasibility of selling the property at a commercially reasonable value, which would in turn allow redirecting the substantial revenue currently dedicated to the de • service to more pressing public needs and return the property to the tax rolls of Indi. ► ' iver ounty. Your help in this endeavor and the assistance of the Board of County C mission: s is respectfully requested to help us accomplish these goals. You / y iichava G. Winger Mayor 568 .. Taxpayers' Association Of Indian River County Post Office Box 1751 Vero Beach, Fl. 32961 August 19, 2014 Board Of County Commissioners Mr. Peter O'Bryan, Chairman 1801 27th Street Vero Beach, Fl. 32960 RE: Lifting of Dodgertown Golf Course Deed Restrictions Whereas, The City Of Vero Beach, a municipality located within Indian River County, currently owns a parcel of land known to the public as Dodgertown Golf Course. Whereas, said parcel of land presently has deed restrictions limiting its use solely to the following: A city -owned public golf course, green space or a park -like setting or any combination of those three uses. Whereas, Indian River County has the ability to lift said deed restrictions. Whereas, The debt service currently being spent on said parcel amounts to roughly $690,000 annually and will not be paid off until 2025. Whereas, The City Of Vero Beach funds this debt service from the City's share of the 1% Local Discretionary Sales Tax. Whereas, if said parcel were able to be sold and the debt service reduced, these funds could then be used solely for the funding of capital improvement projects such as road infrastructure or water quality issues of our Indian River Lagoon. Such projects are in line with our Associations' belief that these are areas in which local government should direct taxpayer's dollars. Whereas, the lifting of deed restrictions by the County would support the City's desire to make said improvements, thereby benefiting our Community as a whole. Thereby, on August 6th, 2014, the Board of The Taxpayers' Association of Indian River County unanimously passed a motion that a resolution be drafted and its contents presented to the Board Of County Commissioners on August 19, 2014, the date of this bodies next public meeting. The resolution asks that the County release and discharge the restrictions currently in place on the Dodgertown Golf Course enabling the City to further Pursue the sale of said property. The funds provided from relief of any debt service eliminated from such a sale would strictly be used for Capital Improvement projects outlined in the provisions of the City's share of the Local Discretionary Sales Tax. Signed this day: August 19, 2014 by John Kistler, acting President of The Taxpayers' Association of Indian River County. Respectfully, John Kistler President, Taxpayers' Association of Indian River County 568.1 ITEM 14.A.3 August 19, 2014 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: July 28, 2014 SUBJECT: CareerSource Fall 2014 Job Fest FROM: Peter D. O'Bryan, Commissioner District 4 I would like to request the Board to consider waiving the facility rental fee for the CareerSource Research Coast Fall 2014 Job Fest being held on October 15, 2014 at the Indian River County Fairgrounds Expo Exhibition Center. Backup Provided. Attachment: Letter from Michael Corbit 569 February 28, 2014 Commission Chair Peter O'Bryan Indian River County Commission 1801 27th Ave. Vero Beach, FL 32960 Dear Commissioner O'Bryan, CareerSource RESEARCH COAST CareerSource Research Coast is interested in holding the Fall 2014 Job Fest at the Indian River County Fairgrounds Expo Exhibition Center on October, 15, 2014 and request the Indian River County Board of County Commissioners consider waiving the facility's rental fees. Our Recruiting Events held last fall for Bass Pro Shops, Burlington Coat and Martin Health System in St. Lucie County featured over 1,000 open job orders with more than 5,000 job seekers attending. Following the success of our first regional Winter 2014 job fest featuring over 30 employers with more than 400 open and available jobs and over 700 job candidates, we anticipate similar numbers at the Fall 2014 Job Fest in Indian River County. We are grateful the County Commissioners have always been strong supporters of our efforts to place our area job seekers in employment. Please let me know if you require any other information in order to process our request. Sincerely, Michael Corbit Director of Employer & Community Relations 584 NW University Boulevard, Suite loo I Port Saint Lucie, FL 34986 1772.335.3030 www.careersourcerc.corn 570 ITEM 14.A.4 August 19, 2014 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: August 12, 2014 SUBJECT: Ranking of Indian River Lagoon Priorities FROM: Peter D. O'Bryan, Commissioner District 4 I would like to request discussion on the ranking of the Indian River Lagoon priorities for presentation to the Indian River Lagoon Counties Collaborative. Back-up provided. Attachment: Indian River County Priorities 571 INDIAN RIVER COUNTY PRIORITIES 1. Sebastian septic to sewer project - $5,000,000 2. Redfish Creek (Grand Harbor / spoonbill Marsh expansion) - $5,000,000 3. Oyster reef #2 - $100,000 4. Water Lettuce Scrubber Project - $5,000,000 CITY OF SEBASTIAN PRIORITIES Commissioner O'Bryan, Per your email to Joe Griffin, Sebastian City Manager, the following is a list of our potential drainage projects to help reduce pollutants from the Indian River Lagoon. They are: 1. Installation of new Nutrient Baffle Boxes at the seven remaining outfall pipes into the Indian River Lagoon - $450,000 2. Implementation of the North County/Sebastian Oster Mats program with the Sebastian Natural Resource Board - $160,000 3. Design and construction of the North County Sewer system project (City and IRC Project) - $2,400,000 4. Funds for our Citywide stormwater monitoring and testing program - $50,000 Please add these Sebastian projects to list the priority project list by the Indian River Lagoon Counties Collaborative. If you have any questions, please call or email me. CITY OF FELLSMERE PRIORITIES 1. Sebastian River Headwaters Stormwater Treatment Area — The headwaters of the Sebastian River includes the historic area of Fellsmere via the drainage program maintained by the Fellsmere Water Control District. The historic area of Fellsmere was not developed with modern treatment systems, and a vast majority of the run-off enters the Sebastian River as 572 untreated stormwater via the FWCD Main Canal. A major stormwater system diverting water from the Main Canal or Park Lateral (a major intersection canal) for treatment and flood control will improve water quality in Lagoon by treating nearly 14,000 acres of land serviced by the FWCD gravity drainage system that discharges from the Main Canal - $10,000,000 2. 40 -acre City of Fellsmere South Regional Stormwater System — The City purchased a 40 -acre tract in 2012 to treat stormwater in the southern area of the City and unincorporated areas serviced by the FWCD South Bypass Ditch (Ditch #18). The areas served by this ditch do not receive any modern treatment prior to entering the FWCD ditch system - $2,500,000 3. FWCD South Transfer — The FWCD is comprised of a 14,000 -acre gravity system and approximately 26,000 acres of a pumped system. With the new Fellsmere Water Management Area being constructed by SJRWMD west of the City, the pumped FWCD system will begin to be discharged to the headwaters of the St. Johns River and will not discharge to the Lagoon. At the south end of the gravity system, a pump station will allow stormwater to be transferred from the gravity system that discharges to the Lagoon to the pumped system that discharges to the St. Johns River - $1,000,000 4. 20 -acre City of Fellsmere North Regional Stormwater System - The City has identified a need for approximately a 20 -acre tract in the north side of the City to treat stormwater in the northern area of the City serviced by the Railroad Ditch (Ditch 13b). The areas served by this ditch generally do not receive any modern treatment prior to entering the FWCD ditch system - $2,000,000 5. City-wide Alleyway Drainage System — The City of Fellsmere is serviced by alleyways which provide an opportunity for stormwater treatment and conveyance. Approximately half of each residential lot drains to these rear alleys. At this time, no formal drainage treatment system exists within the alleys. A formal alleyway drainage system will provide treatment and conveyance to reduce flooding and improve water quality - $1,500,000 573 DEPARTMENTAL CORRESPONDENCE TO: Monte K. Falls, PE, Director DEPT: Public Works FROM: William B. Messersmith, PE, Assistant City Engineer DEPT: Public Works DATE: July 31, 2014 RE: COVB Stormwater Outfall Priorities This purpose of this memo is to update our Stormwater Outfall Retrofit Capital Improvement Program. This program was instituted in FY2007-2008 to provide a framework for upgrades and/or retrofits to our stormwater outfalls with pollution prevention/reduction facilities in anticipation of mandated reductions of pollutants under the City's National Pollutant Discharge Elimination System (NPDES) permit. A list of stormwater outfalls was prepared and ranked on the basis of size, location and service area. In late 2013 and early 2014 the City undertook a watershed study to identify individual watersheds and to identify those watersheds with the highest nutrient loading rates. Of the City's 128 currently identified watershed areas, the outfall pipes from 34 have been retrofitted (or were already equipped) with some type of pollution prevention/reduction measure. Some of the retrofits were completed prior to the preparation of the original list, and several were done in conjunction with other projects or by other entities, i.e., FDOT SR 60 project. Twenty four (24) watersheds have been retrofitted with pollution abatement facilities by the City since the preparation of the original list in 2007. This updated C.I.P. takes the findings of the watershed study into account and attempts to establish a new prioritized framework and schedule for stormwater nutrient reduction projects going forward, with a focus on getting the greatest nutrient reductions possible on a dollar per pound of nutrient basis. Also included in this update is a recognition of necessary repair, remediation and replacement projects that need to be included in any comprehensive stormwater capital Improvement plan. These projects often include an opportunity for treatment retrofits as well. The following is a brief summary of the stormwater projects that have been completed and the rationale for the proposed prioritization. Mainland Stormwater Projects Completed: The earliest stormwater retrofits were added to existing stormwater projects to mitigate the increased flows from new stormwater projects. Retrofit projects in this category include the installation of sedimentation boxes on the Mockingbird Drive outfall (1998), the Country Club Drive outfall (1998), piping of the Townside Stormwater System between 16th Street and 17th Place (1999), and the Royal Palm Pointe project (2002). These first generation sedimentation boxes provided for removal of sediment and some floatables but did not specifically provide for nutrient removal. (1) 574 Monte K. Falls, Public Works Director COVB Stormwater Outfall Priorities July 31, 2014 Page 2 Type II Baffle Boxes overcome this shortcoming of the early sedimentation baffle boxes by including a screen system that is designed to capture and keep floatables out of the water stream. Research has shown that leaves and grass clippings are high in nutrients. By keeping that organic debris on the screen and out of the water, those nutrients are prevented from leaching into the stormwater stream, and the organic material (which contributes to the creation and build-up of muck) is prevented from getting into Lagoon. Following the preparation of the original CIP list in 2007, and working under the assumption that larger outfalls had a larger pollutant loading and therefore a larger potential for pollutant reduction, Type II Baffle Boxes were been installed on the major outfalls from the City of Vero Beach which flowed east from the FECRR and discharged directly into the Indian River Lagoon. These are the 18th Street, 20th Street, 21st Street, 23rd Street, 25th Street, and Royal Palm Boulevard outfalls. The two remaining outfalls, Royal Palm Place (54") and Royal Palm Pointe (48"), discharge into a 1000' long drainage ditch which flows north along the west side of Indian River Boulevard and discharges into the Main Canal. These are not considered a high priority because it is felt that the mangroves in the ditch already do an excellent job of removing pollutants from the flow. In addition, two outfalls serving the Royal Park neighborhood, 10th Avenue (24") and 12th Avenue (18"), were completed in 2011; thus providing pollution abatement for the stormwater runoff for most of the rest of the City lying east of the FECRR with the exception of the Vero Isles Fingers. Efforts to provide stormwater treatment for the portion of the city west of the FECRR have been less successful. In 2005 the City applied for and was awarded a grant to construct a stormwater pollution facility on the Lateral E canal. This project is important because the Lateral E canal drains an approximately 1.5 square mile area from 12th Street north to the IRFWCD Main Canal and from the FECRR west to about 25th Avenue. The main portion of this drainage area lies within the City of Vero Beach. Lateral E discharges into the IRFWCD Main Canal just west of US 1, and immediately downstream of the Indian River County Pollution Control Facility. In 2007 the City executed a contract with FDEP for construction of a pollution reduction facility. In 2009 that project was shelved because of concerns over the Vero Man archeological site and the effect the archeological portion of the project would have on the stormwater grant project timing. Fortunately the City was able to transfer the grant funding to the Humiston Park Stormwater Treatment Project. However, the City remains committed to stormwater pollution reduction in the Lateral E watershed and is pursuing alternate means to achieve that goal. Beachside Drainage Projects Completed: The City has also been proactive in dealing with stormwater runoff from the beachside. The City has two ocean outfalls located at Sexton Plaza and Humiston Park. Both outfalls received retrofits in conjunction with site improvement projects constructed in 2008 and 2010 respectively. The Sexton Plaza outfall was retrofitted with 250 feet of exfiltration trench to treat all the runoff from Sexton Plaza prior to discharge to the Atlantic Ocean. The Humiston Park system was designed to reduce by 90% the stormwater loading from the 38 acre watershed by (2) 575 • Monte K. Falls, Public Works Director COVB Stormwater Outfall Priorities July 31, 2014 Page 3 routing all stormwater runoff through a large exfiltration system prior to discharge to the Atlantic Ocean. Other beachside stormwater retrofit projects completed by the City include the installation of T2BB's at the Date Palm Ditch, Live Oak Road, Greytwig Road and Conn Way outfalls (which serve the majority of the North Central Beach area). Other outfall retrofits which have been completed include the Bahia Mar outfall, the Indian Bay Drive outfalls and the Riomar Bay bridge outfalls (which were installed in conjunction with the Riomar bridge projects). Available Stormwater Treatment Retro -fit Technologies: As the owner of the Municipal Separate Storm Sewer System (MS4), the City of Vero Beach is responsible for the quality of the stormwater it discharges from its system to the receiving water bodies. Because of that, our primary focus has been on End Of Pipe (EOP) retrofits. Retention and/or detention of stormwater is very effective at preventing pollution of receiving waters because the pollutant laden stormwater only discharges to the receiving waters during less frequent, more intense rainfall events. Unfortunately, retention/detention systems require relatively Targe areas to implement (often 10-15% of the total area being served) and are most cost effective when implemented as part of a new stormwater management system. As an EOP retrofit, retention is often not a viable option because of the land costs at the point of discharge. One of the more effective EOP retrofit BMP's has been second generation or Type II Baffle Boxes (T2BBs). These devices have screens which capture the floatables and suspended debris and hold it out of the water. Most models of T2BB also include provisions for a filter cartridge which further reduces dissolved pollutant loading. T2BBs are one of the more cost effective BMPs available providing reductions of up to 19% for nitrogen and 15.5% for phosphorous. However they have some limitations. T2BBs are most effective when the outfall pipe elevation is higher than the receiving water. This is because of the need to keep the debris out of the water. Where the outfall elevation is at or below Mean High Water (MHW), T2BBs are not as effective. Additionally, maintainence of T2BBs is not only labor intensive but requires the use of relatively expensive equipment, and the filter cartridges, while effective at removing some pollutants, have been shown to be relatively expensive when evaluated on the basis of $ per Ib removed. As we continue our program of pollution reduction from our MS4, we will need to carefully evaluate the remaining watershed outfalls in order to select the most appropriate BMPs. As mentioned previously, the nutrient load from residential areas is almost double that of commercial and industrial areas. A recent study performed in Brevard County may help explain that phenomenon. The researchers found that organic debris (leaves and grass) have a Total Kjeldahl Nitrogen (TKN) content of 19 g/kg and TP content of 1.9 g/kg. More interesting is that after 1 day of immersion in stormwater, 2 g/kg of TKN (almost 11%) and 1.02g/kg of TP (almost 54%) becomes dissolved nutrients in the stormwater. This finding leads us to believe that effective nutrient reduction in residential areas, where high organic Toads are more common due to tree canopies and lawns, will be most effective if the organic debris is trapped and collected before it enters the stormwater system. (3) 576 O Monte K. Falls, Public Works Director COVB Stormwater Outfall Priorities July 31, 2014 Page 4 A new technology which we believe we can implement to capitalize on this finding is called Flexi-Pave. Flexi-Pave is flexible paving product which utilizes recycled rubber tire crumb and aggregate to create a very stable yet permeable pavement medium. This product was recently used for the Lantana Lane stormwater system retrofit/improvement project, and an alley refurbishment project. A proposed future use of this technology will be to replace existing open throat and curb inlets with Flexi-Pave inlets. The benefits of this system include lower cost compared to T2BB installation as well as reduced maintenance costs. The proposed Fiexi-- Pave curb inlets will be cleaned using existing street sweeping equipiment rather than the much more expensive and labor intensive Vac -Con equipment. While definitive results are not yet available, we believe this technology will reduce TN, TSS and BOD in the stormwater runoff from those areas by over 80%. Proposed Future Projects: The following capital Improvement projects include projects that are necessary to meet state nutrient reduction goals, local stormwater system improvements needs and repair and replacement of existing stormwater facilities that have reached the end of their useful life. Budgetary constraints and potential benefits (both flood prevention and pollution abatement) were the primary factors used in the prioritization. Some of the following projects do not have an implementation time table for reasons explained. (See attached Table 1 — Stormwater Capital Projects) 1. Vero Isles (50% pollution control) — This project consists of numerous (approximately 15) small outlet pipes which discharge directly to the Indian River Lagoon with no pollution treatment or abatement, but because the drainage pipes themselves are over 60 years old and failing, a combination stormwater retrofit, pipe replacement project is a high priority. Because of the number and relatively small size of the individual outfall watershed areas, traditional T2BBs would be expensive to implement and maintain. Installation cost for 15 T2BBs is estimated at $320,000. Therefore, in conjunction with the replacement of the outfall pipes we propose to replace the existing open throat and drop inlets with Flexi-Pave inlets. These new inlets will retain the floatables and debris on the surface of the inlet where the nutrient reduction rate is higher and the trapped material is easier to remove. Estimated cost for the Flexi-Pave inlet retrofits is approximately $100,000. The replacement of the failing pipe systems is projected to be completed using pipe bursting technology. This is a method by which a new pipe ispulled through the existing pipe. A mandrel is used to burst or break apart the existing pipe ahead of the new pipe string making it possible to pull an equal or larger size pipe along the same alignment as the existing pipe without the need for open trenches. In areas that are already highly developed (as is the case in Vero Isles) this is a huge advantage. Estimated cost for the pipe bursting portion of the project is $100,000 to replace approximately 815 LF 8" pipe. Total Project cost is estimated at $200,000 2. 12`h Avenue Stormwater Interconnect (20% pollution control) — This project is to provide additional flood prevention for the upper end of the Royal Palm Place/Royal Park watersheds, as well as provide additional pollution abatement. Currently the Royal Park neighborhood has limited drainage facilities and the upper end of the Royal Palm Place (4) 577 • Monte K. Falls, Public Works Director COVB Stormwater Outfall Priorities July 31, 2014 Page 5 system is at or over capacity. The project is to extend a drainage pipe north from the Royal Palm Place system and interconnect with the 12th Avenue system which was recently retrofitted with a T2BB for pollution abatement. As with all our new stormwater improvement projects, we will also look closely at implementing the new Flexi-Pave inlet retrofit BMP, especially in those areas with open curb inlets. Preliminary cost estimate for this project is $125,000. 3. Lateral E Outfall (100% pollution control) — The Lateral E Canal of the Indian River Farms Water Control District is the primary drain for the City of Vero Beach west of the FECRR. The total Lateral E watershed area is approximately 882 acres of which approximately 764 are within the city of Vero Beach. Within the Lateral E Canal are approximately 53 separate outfall pipes which serve about 577 stormwater inlets. The Lateral E Basin is also comprised of over 45% residential development with high TN and TP EMCs. Options for stormwater treatment include a single end of pipe treatment facility to be located close to the Lateral E discharge point in the IRFWCD Main Canal, individual end of pipe facilities at each of the 53 outfall pipes, or individual inlet retrofits. A preliminary design concept for a single end of pipe facility at the north end of the Lateral E canal was developed in 2007, and cost estimated at $1,250,000. We estimate that cost has doubled or tripled since that time due to inflation, etc, and there is still the issue of the conflict with the Vero Man archeological site. The cost for 53 individual outfall EOP solutions is projected to be $2.65M based on the use of T2BB technology. The projected cost for inlet by inlet retrofits with the Flexi-Pave technology is projected to be $1.5M. We also estimate nutrient removal efficiencies of up to 80% with the Flexi-Pave inlet retrofits versus 15% and 20% for the T2BBs. Additionally, if the inlet retrofit option is adopted as proposed, we estimate that between 70% and 80% of the inlets could be designed in a fashion that would allow required maintenance and cleaning via standard scheduled street sweeping rather than the more equipment and labor intensive process required to clean and maintain the T2BB outfall boxes. In anticipation of successful Flexi-Pave implementation, we recently submitted a grant request for 319 funds to assist with the funding of a $385,000 pilot project for the inlet retrofits within Original Town. 4. Townside Rehabilitation - A subproject within the Lateral E basin is for the rehabilitation or replacement of portions of the Townside stormwater system trunk line. The watershed area served by the Townside system is comprised of approximately 230 Acres of primarily commercial and industrial development lying immediately west of the FECRR. Approximately 1200 linear feet of this trunk line consists of clay, galvanized or block tile pipe which was constructed during the earliest days of Vero Beach and are approaching the end of their design life. The system was last evaluated in 1996. We believe that the most effective approach to this project will be for an in-place pipe lining using one of several technologies for large diameter pipe lining. The estimated cost for this project is $1M. 5. Tulip Lane Outfall (100% pollution control) — This is a major (48") outfall serving the Club Drive corridor north to Bay Oak Lane and south to Pirate Cove Lane between SR A1A and Ocean Drive which discharges into a 1000' long finger canal on the east side of the Indian River Lagoon. Recent studies conducted by ORCA show a build-up of nitrogen storing sediment in the east end of this canal. Because T2BB's do not perform well in submerged conditions, this is another location where the potential use of the Flexi-Pave inlet retrofits (5) 578 • Monte K. Falls, Public Works Director COVB Stormwater Outfall Priorities July 31, 2014 Page 6 may be the most appropriate solution. There are approximately 35 inlets to be retrofitted. Projected cost for the retrofits is approximately $90,000. 6. Royal Palm Place and Royal Palm Pointe (33% pollution control) — As previously described, these two outfalls, Royal Palm Place (54") and Royal Palm Pointe (48"), discharge into a 1000' long drainage ditch which flows north along the west side of Indian River Boulevard and discharges into the Main Canal. These are not considered a high priority because it is felt that the mangroves in the ditch already do an excellent job of removing pollutants from the flow. However, as with any system, periodic maintenance is required. Because of the mangroves, it has proven difficult to get the necessary permits to properly maintain this outfall ditch. At some point, this issue will need to be resolved via one of two options: Maintain the existing outfall which wil require mitigation of the existing mangroves or the creation of a secondary outfall. Very preliminary cost estimates put the cost of either option at $1M. 7. McAnsh Park (100% pollution control) — Portions of McAnsh Park drain to Lateral E and other portions directly or indirectly to the Main Canal. We believe that the most cost effective retrofit for this area will also be Flexi-Pave inlet retrofits. Estimated cost for this project will be $285,000. We recently submitted a grant request for 319 funds to assist with the funding of this project as well. Coordinating this project with the milling/resurfacing of the streets would provide the "best fit" for retrofitting the curb inlet drainage structures. Implementation of the foregoing stormwater quality projects will increase the total area of that portion of the urban watershed for which some level of stormwater treatment is provided from 1600 acres to 2500 acres, an increase from 34% to 53% of the 4700 acre urban watershed. 8. Additional R&R projects - 16th Street Road Crossings ($90,000), 27th Avenue Outfall replacement ($100,000), 20th Avenue Road Crossings ($90,000), and Airport West Road Crossings ($60,000) make up an additional $340,000 in needed capital projects. The following pollution control projects all include substantial FDOT watershed components, and many also have submerged outlets which make the use of T2BB's questionable. 9. Causeway Boulevard — There are two outfalls (36" and 30") into the finger canal south of Tulip Lane adjacent to Causeway Boulevard. This is another location where the recent ORCA studies have shown a build-up of nitrogen in the sediments. These outfalls serve SR A1A and Causeway Boulevard and belong to FDOT. Both outfalls are also submerged, making the choice of T2BB as the retrofit solution questionable. Estimated cost to do Flexi- Pave inlet retrofits is $47,000. 10. Bay Drive/SR A1A Outfall — This is a major outfall serving SR A1A and the Riomar Drive/Painted Bunting Lane neighborhoods. This outfall is submerged, again potentially limiting the viable retrofit solutions and suggesting Flexi-Pave inlet retrofits. Estimated cost is $195,000. 11. Mockingbird Drive/Iris Lane Outfall — This is a major outfall (48") for SR A1A. It belongs to FDOT and is mostly submerged. Estimated cost for Flexi-Pave inlet retrofits is $215,000. (6) 579 RECOMMENDED FINAL PRIORITY LIST 1. Sebastian septic to sewer project - $5,000,000 (IRC) 2. Redfish Creek (Grand Harbor / spoonbill Marsh expansion) - $5,000,000 (IRC) 3. Oyster reef #2 - $100,000 (IRC) 4. Installation of new Nutrient Baffle Boxes at the seven remaining outfall pipes into the Indian River Lagoon - $450,000 (SEB.) 5. Implementation of the North County/Sebastian Oster Mats program with the Sebastian Natural Resource Board - $160,000 (SEB.) 6. Sebastian River Headwaters Stormwater Treatment Area — The headwaters of the Sebastian River includes the historic area of Fellsmere via the drainage program maintained by the Fellsmere Water Control District. The historic area of Fellsmere was not developed with modem treatment systems, and a vast majority of the run-off enters the Sebastian River as untreated stormwater via the FWCD Main Canal. A major stormwater system diverting water from the Main Canal or Park Lateral (a major intersection canal) for treatment and flood control will improve water quality in Lagoon by treating nearly 14,000 acres of land serviced by the FWCD gravity drainage system that discharges from the Main Canal - $10,000,000 (FELL.) 7. Vero Isles — replacement pipes and Flexi-Pave inlets - $200,000 (COVB) 8. Tulip Lane Outfall Flexi-Pave inlet retrofits - $90,000 (COVB) Total requested funds from Indian River county - $21,000,000. 580 August 19, 2014 ITEM 14.E.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: July 22, 2014 SUBJECT: Update on the July 18, 2014 Annual Florida Municipal Power Agency Meeting FROM: Tim Zorc Commissioner, District 3 I would like to provide an update on the Annual Florida Municipal Power Agency Meeting in Naples, Florida held on Friday, July 18, 2014. 581 AUGUST 19, 2014 ITEM 14.E.2 BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: July 22, 2014 SUBJECT: Small County Coalition Membership FROM: Tim Zorc Commissioner, District 3 I would like to request discussion from the Board regarding annual participation fees in the amount of $4,850 to become a member of the Small County Coalition. 582 August 19, 2014 ITEM 14.E.3 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: July 29, 2014 SUBJECT: US-1/SR 5 Ditch Restoration FROM: Tim Zorc Commissioner, District 3 I would like to request discussion on the US-1/SR 5 Ditch Restoration. Back-up provided. 583 Ditch No. US 1 - Mile Post Water Quality Improvements Ditch 1 1.082 The US -1 Basin previously draining to Ditch No 1 is now being conveyed to a new pond (Pond No 3) as part of FDOT project 228583-2-52-01. The pond will provide water quality and attenuation prior to discharge into the Indian River Lagoon. Ditch 2 4.534 The US -1 Basin near Ditch No 2 is provided water quality and attenuation along treatment swales parallel to the roadway prior to discharge into the South Relief Canal and then the Indian River Lagoon. Ditch 3 11.105 The Florida Department of Transportation (FDOT) has initiated a Project Development and Environment (PD&E) Study to consider improvements to SR 5/US 1 from south of 53rd Street (MP 9.762) to north of CR 510 (MP 14.457) in Indian River County. Ditch 4 12.623 Will be covered by US 1 PD&E Ditch 5 13.7 Will be covered by US 1 PD&E Ditch 6 14.755 Ditch 7 15.145 The segment of US -1 draining to Ditch No 7 was rehabilitated with project 228615-1-52-01 and retrofitted with pollution control structures prior to the connection to Ditch No 7 per permit 40-061- 96847-1. Ditch 8 15.276 The segment of US -1 draining to Ditch No 8 was rehabilitated with project 228615-1-52-01 and retrofitted with pollution control structures prior to the connection to Ditch No 8 per permit 40-061- 96847-1. Ditch 9 16.043 The segment of US -1 draining to Ditch No 9 was rehabilitated with project 228615-1-52-01 and retrofitted with pollution control structures prior to the connection to Ditch No 9 per permit 40-061- 96847-1. Ditch 10 18.054 The segment of US -1 draining to Ditch No 10 was rehabilitated with project 228615-1-52-01 and retrofitted with pollution control structures prior to the connection to Ditch No 10 per permit 40-061- 96847-1. Ditch 11 18.703 The segment of US -1 draining to Ditch No 11 was rehabilitated with project 228615-1-52-01 and retrofitted with pollution control structures prior to the connection to Ditch No 11 per permit 40-061- 96847-1. Ditch 12 19.904 More information on the PD&E project and updates will be published in the following website, http://vvww.us1studv.com. 584 7,47 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT BOARD MEMORANDUM Date: August 7, 2014 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District Subject: Work Order No. 10 to Geosyntec for Continuation of Brownfield Assessment Work for the Former South Gifford Road Landfill Site DESCRIPTIONS AND CONDITIONS: On December 3, 2013, the Indian River County Board of County Commissioners authorized the submittal of an application for a brownfields site assessment grant from the Treasure Coast Regional Planning Council (TCRPC) for the former South Gifford Road landfill site (Gifford Landfill). The entire Gifford Landfill covers approximately 115 acres with the front 55 acres owned by Indian River County and the remaining 60 acres owned by the City of Vero Beach. TCRPC received a United States Environmental Protection Agency (USEPA) Brownfields Coalition Assessment Grant and utilized their consultant Geosyntec to perform brownfield assessment activities for the front 30 of the 55 acres of the County owned portion of the Gifford Landfill. The scope of work included identifying chemicals in shallow soil above state regulatory guidance, evaluate presence of soil cover over landfill waste, and assess presence and composition of soil gas beneath ground surface. This initial work was completed and a final report titled "Brownfields Site Assessment South Gifford Road Landfill" was issued in June 2014. Due to the voluminous nature of the report (949 pages), the first 30 pages are attached to this agenda item. Overall, the initial assessment effort indicated that the site conditions within the assessment area are typical of conditions expected at a closed/former landfill site, such as the South Gifford Road Landfill. Two chemicals were found in three soil sampling locations (out of 58 samples) along the southern boundary of the area that are above state regulatory guidelines. There are some areas of the site with less than 2 feet of cover over the landfill waste; and preliminary gas sampling results showed there is gas present in the subsurface and the composition of the gas is typical of closed landfills. On July 7, 2014, staff and representatives from Geosyntec attended the Gifford Progressive Civic League meeting and presented the findings of this report. The audience asked meaningful questions and ultimately the Gifford Progressive Civic League made a motion to support additional landfill assessment work which was passed. Agenda - Geosyntec WO No 10 -Brownfield Assmmnt Work for Gifford Road Landfill - Rev2 Page 1 of 3 585 In order to complete the Brownfield Assessment activities for the entire County owned portion of the Gifford Landfill, staff requested the attached proposal from Geosyntec for the remaining 25 acres in order to fully characterize the site in order to demonstrate our continued environmental stewardship to the Gifford community as well as allow for information that will lead to the future redevelopment of the site. ANALYSIS: Geosyntec's proposal includes meetings with community stakeholders and regulatory agencies, field activities and reporting. Geosyntec's proposal consists of four main tasks as follows: Task Description Account Number Budget Task 1: Project Management 31521734-033490-03004 $7,093 Task 2: Meetings/Regulatory Negotiation $15,363 Task 3: Field Activities $43,237 Task 4: Data Evaluation and Reporting $15,386 Total = $81,079 Task 1 includes project planning and management responsibilities. Task 2 includes meetings with stakeholders and interaction with regulatory agencies. Task 3 includes continuation of the Brownfietds assessment activities on the remaining 25 acres of the County portion property as well as confirmation/delineation of the three locations of concern identified in the first phase. Task 4 includes data evaluation and reporting as well as an overall site evaluation of the human health risk related to the potential site end -uses will be included in the report. As a cost saving measure, staff requested that Geosyntec not perform any additional soil borings to verify the thickness of the soil cover as we expect similar variations across the back portion of the site as those identified in the front portion of the site. Ultimately, any future redevelopment consideration will require a topographical survey which can aid in determining soil cover across the site. FUNDING: The funding for assessment activities are available in account number 31521734-033490-03004, which is the one cent sales tax fund used for infrastructure needs of the County. Costs associated with the landfills are authorized uses of the one cent sales tax in addition to infrastructure. ACCOUNT NO.: Description Account Number Amount Assessment for Former Gifford Road Landfill 31521734-033490-03004 $81,079 RECOMMENDATION: Staff recommends the following two options for the SWDD Board to consider: 1. Not approve Work Order No. 10 to Geosyntec and wait for future funding from the TCRPC. Agenda - Geosyntec WO No 10 -Brownfield Assmmnt Work for Gifford Road Landfill - Rev2 Page 2 of 3 586 2. Approve and authorize the Chairman to sign the attached Work Order No. 10 authorizing Geosyntec to provide continuation of the Brownfields assessment work for the Former Gifford Road Landfill for a not to exceed fee of $81,079. ATTACHMENT(s): 1. TCRPC Brownfields Site Assessment South Gifford Road Landfill Report (w/out appendices) 2. Geosyntec Work Order No. 10 APPROVED FOR AGENDA: By: ( ,� �• ( Q1 / JosepCounty f� A. Baird, Administrator ate /9, ,,g©/ - Indian River Co. Approved Date Administration 1100 y) t I) Legal f ) 2 . Budget / {� f SWDD iiti�� « i SWDD-Finance OA f F'' it— IL( Agenda - Geosyntec WO No 10 -Brownfield Assmmnt Work for Gifford Road Landfill - Rev2 Page 3 of 3 587 WORK ORDER NUMBER 10 Former South Gifford Road Landfill This Work Order Number 10 is entered into as of this day of 20 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 Geosyntec Consultants, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit 1 (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit 1 (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit 1 (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Geosyntec Consultants, Inc. By: Title: Principal By: Peter D. O'Bryan, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Approved: Deputy Clerk Approved as to form and legal sufficiency: . Dylan T. Reingold, County Attorney 588 EXHIBIT 1 PROFESSIONAL SERVICES engineers 1 scientists 1 innovators 589 Geosyntec ‚ consultants 6770 South Washington Avenue, Suite 3 Titusville, Florida 32780 PH 321 269 5880 FAX 321.269.5813 wv,-w.geosyntec.com 7 July 2014 Mr. Himanshu H. Mehta, P.E. Managing Director Solid Waste Disposal District Indian River County 1325 74t1i Avenue SW Vero Beach, Florida 32968 Subject: Proposal for Additional Site Redevelopment Assessment Activities Former South Gifford Road Landfill Vero Beach, Indian River County, Florida Dear Mr. Mehta: Geosyntec Consultants (Geosyntec) is pleased to submit this letter proposal to the Indian River County (IRC) Solid Waste Disposal District (SWDD) to provide professional services for additional assessment activities associated with the ongoing redevelopment evaluation of the Former South Gifford Road Landfill located in Vero Beach, Indian River County, Florida (Site). The scope is intended to expand and build on the preliminary activities completed through the Treasure Coast Regional Planning Council (TCRPC) under the United States Environmental Protection Agency (USEPA) Brownfields Coalition Assessment Grant. The assessment activities are focused on evaluation of direct exposure/human health concerns in support of planning for redevelopment of the Site. As requested by IRC, this fee proposal includes budget to prepare for and attend meetings, complete assessment activities on the County -owned portion of the Site (southwestern 25 acres) that was not assessed as part of the preliminary work, and prepare a report of the findings. This 25 -acre portion of the property is described herein as the assessment area. Geosyntec has prepared this proposal (professional services as Exhibit 1) as Work Order No. 10 for the Continuing Contract Agreement for Professional Services between IRC SWDD and Geosyntec, dated 18 June 2013. The remainder of this letter provides an overview of the project background, a description of the proposed scope of work, a budget estimate, and a discussion of the schedule for accomplishment of the work described herein. PROJECT BACKGROUND Geosyntec conducted brownfields site assessment activities for the Site in March through June 2014. TCRPC funded these activities with a USEPA Brownfields Coalition Assessment Grant for evaluation of eligible properties within areas that may ultimately be designated for brownfields redevelopment. The overall former landfill property is a 1 15 -acre former trench - and -fill landfill. The northern portion (approximately 55 acres) of the property is owned by Indian River County (IRC) and the southern portion (approximately 60 acres) is owned by the City of Vero Beach. The 30 acres adjacent to 4151 Street within the IRC -owned portion of the XR 14094\XR 14053-REV.docx engineers 1 scientists 1 innovators 590 Mr. Himanshu H. Mehta, P.E. 7 July 2014 Page 2 Site were identified by TCRPC for potential brownfields redevelopment to provide enhancement to the surrounding Vero Beach community, and therefore; the preliminary assessment activities were focused on this area. The preliminary assessment activities focused on: (i) identification of contaminant concentrations in shallow soil above applicable regulatory criteria; (ii) presence of landfill cover thickness of at least two feet (ft); and (iii) composition of soil gas in subsurface soil, including the presence of methane, which is found in landfill gas (LFG) and can be attributable to other sources as well. When this assessment was originally contemplated, IRC planned to fund additional assessment activities based on the initial results to further the evaluation of the Site for future redevelopment/reuse purposes. The additional assessment activities, which are described herein, are designed with the same objectives as the preliminary TCRPC-funded work and focused on the remaining 25 acres of IRC -owned portion of the property (southwestern wooded area). PROPOSED SCOPE OF WORK The proposed scope of work consists of additional assessment activities to be performed within the 25 acre assessment area on behalf of IRC SWDD at the Former South Gifford Road Landfill. For the purpose of budgeting, the scope of work has been divided into the following tasks: • Task 1 — Project Management; • Task 2 — Meetings/Regulatory Negotiation • Task 3 — Field Activities; and • Task 4 — Data Evaluation and Reporting. The remainder of this section presents a general description of the activities to be performed in each task. Task 1 — Project Management: Under this task, Geosyntec will perform project planning and management responsibilities, such as correspondence with IRC SWDD and FDEP, invoice review, project coordination, and project administration. Task 2 — Meetings/Regulatory Interaction: Under this task, Geosyntec will prepare for and attend up to three meetings, with IRC SWDD, FDEP, local community organizations and/or the IRC Board of County Commission (BOCC), as necessary. It is anticipated that one of these meetings will include preparation for and attendance at a Gifford Progressive Civic League to present an update on the redevelopment assessment activities and results conducted to date with the TCRPC. The budget assumes that Nandra Weeks, PE (Geosyntec principal that has historical knowledge of the assessment work completed to date at the Site and has been involved for some time with IRC SWDD and the BOCC with exploring redevelopment options for the Site) and Keith Tolson, PhD (Geosyntec toxicologist). Also, under this task, four hours has been included for the project manager to provide ongoing support to 1RC SWDD related to interaction and negotiation with FDEP. XR 14096\XR14053-REV.docx engineers 1 scientists 1 innovators 591 Mr. Himanshu H. Mehta, P.E. 7 July 2014 Page 3 Task 3 — Field Activities: Field activities will include: shallow soil sampling and a LFG investigation. The sampling activities will be designed to focus on the 25 acres in the southwestern part of the County -owned portion of the Site. The general sampling plan will be designed on a grid pattern and final sampling locations may be selected in the field based on observations. The sampling plan is designed to extend the assessment that was completed on the other 30 acres of the Site such that the same assessment scope will be completed across the entire IRC -owned portion of the Site. The 25 acre assessment area is wooded with limited access. It has been assumed that some land clearing will be necessary prior to completion of the activities described below and that IRC personnel will complete the clearing work. No budget for land clearing (other than limited hand clearing and limited budget for field personnel to mark areas that need clearing) has been included and it has been assumed (based on site-specific experience) that proposed fieldwork can be performed in level D personal protective equipment (PPE). Subtask A: Shallow Soil Sampling This subtask includes the performance of hand auger soil borings to 2 ft below land surface (BLS) on an approximate 200 -ft grid, focusing on specific areas of the Site as outlined previously. Shallow soil samples will be collected from 0 to 0.5 ft BLS and 0.5 to 2 ft BLS at up to 19 locations. If waste is encountered at a depth shallower than 2 ft BLS, sampling will be discontinued (i.e., samples of waste material will not be collected for analysis). The collected soil samples will be submitted for laboratory analysis of semi -volatile organic compounds (SVOCs) by USEPA Method 8270 or similar and Resource Conservation Recovery Act (RCRA) Metals by USEPA Method 6010. In addition, a subset (approximately 25% of the total samples analyzed) of the soil samples will be analyzed for volatile organic compounds (VOCs) by USEPA Method 8260, organochlorine pesticides by USEPA Method 8081, organophosphorus pesticides by USEPA Method 8141, and herbicides by USEPA Method 8151. Three equipment blanks will be collected for QA purposes with laboratory analyses for VOCs and metals. Budget has been included for analysis of up to a total of 38 samples for this portion of the sampling work, plus the three QA samples (total of 41 soil samples). In addition, budget has been included for collecting confirmation and delineation samples at the three locations that exhibited concentrations above state regulatory criteria during the first phase of work (SB 100, SB 109, and SB 111). At each of these three locations, soil samples will be collected at 0 to 0.5 ft BLS and 0.5 to 2 ft BLS adjacent to the previous sample location. Also at each location, soil samples will be collected in those same depth intervals at 5 ft and 10 ft stepouts in each cardinal direction (three confirmation samples and 24 delineation samples). The soil samples will be analyzed only for the constituents that were observed above state regulatory criteria during the previous assessment work. The samples around SBI 11 will be analyzed only for arsenic and all of these proposed soil samples will be analyzed for PAHs by USEPA 8270 or similar. The samples will be collected during a single mobilization but will be analyzed by the laboratory in phases. Confirmation samples will be analyzed by the laboratory first and if the XR 14096\XR 14053-REV.docx engineers 1 scientists 1 innovators 592 Mr. Himanshu H. Mehta, P.E. 7 July 2014 Page 4 original concentration is confirmed then the stepout samples will be analyzed in two steps (5 ft stepouts, then 10 ft stepouts, if needed). Budget has been included for analysis of up to a total of 68 samples. Each soil sampling location will be surveyed for northing and easting using a Global Positioning System (GPS) unit with sub -meter accuracy. Soil samples will be collected in accordance with FDEP SOPs. It has been assumed that this effort can be completed within five days with a two -person field team. Subtask B: LFG Investigation This subtask includes the completion of a LFG investigation at the Site. Based on the observed depth to groundwater at the Site over the past two years, it has been assumed that the water table is present at approximately 3 to 5 ft BLS. The LFG investigation will be focused on the interval from land surface to the water table (i.e., vadose zone). Temporary LFG monitoring wells will be constructed of 3/ -in diameter pre -packed poly -vinyl chloride (PVC) wells with 5 ft or less of slotted screen and installed with a track direct -push technology (DPT) rig. This proposal includes installation of up to eight LFG monitoring wells at locations based on results of the historical records review, previous observations, and observations from the soil sampling, cover thickness, presence of waste evaluation results, and areas of potential development. The wells will be completed at the surface as a stickup with a sampling port at the top of the well. Tubing will be attached to the sampling port and a gas analyzer (such as a GA -2000) will be attached to the tubing to measure the concentrations of methane, oxygen, carbon dioxide, carbon monoxide, and hydrogen sulfide in the soil gas. The concentration of VOCs in the soil gas will be measured using a PID. Since there are historical VOC groundwater impacts at the Site, if VOCs in the soil gas are observed, up to three samples will be collected for submittal to the analytical laboratory for analysis of VOCs. Each LFG well location will be surveyed for northing and easting using a GPS unit with sub -meter accuracy. It is anticipated that this effort will take two days with one person in the field. Task 4 — Reporting: Under this task, Geosyntec will perform data evaluation activities and prepare an assessment report. Data evaluation activities will include database management, screening results against applicable regulatory criteria, and GIS figure preparation. The results of assessment activities will be discussed and supported by attachments containing field notes and observations, photographs, analytical results, and other applicable materials. The report will incorporate the preliminary assessment results and the results collected as part of the activities described herein. An evaluation of the human health risk related to the potential site end -uses will be included in the report. The draft report will be submitted to IRC SWDD for review. SCHEDULE Geosyntec will begin planning the assessment activities upon authorization of this proposal and should be able to initiate the fieldwork within approximately four to six weeks based on subcontractor availability. The field activities are anticipated to take seven days (five days with XR 140961XR 14053-REV.docx engineers 1 scientists 1 innovators 593 Mr. Himanshu H. Mehta, P.E. 7 July 2014 Page 5 two people for soil sampling and two days with one person for LFG evaluation). The draft report will be provided to IRC for review approximately eight weeks after receipt of analytical results from the laboratory. BUDGET ESTIMATE A budget estimate for the scope of work outlined in Tasks 1 through 4 of this proposal is summarized in the following table, and a detailed budget estimate is provided as Attachment A. The budget estimate presented in this proposal is based on Geosyntec's understanding of the project requirements, our experience gained from executing similar tasks for SWDD since 2002 at the Site, and experience with groundwater monitoring and reporting activities at similar facilities. Geosyntec will not exceed the budget estimate without prior approval and written authorization from IRC SWDD. Task 1 — Project Management $7,093 Task 2 — Meetings/Regulatory Interaction $15,363 Task 3 — Field Activities $43.237 Task 4 — Reporting $15.386 TOTAL $81,079 CLOSURE Geosyntec appreciates this opportunity to offer our services. If this proposal is acceptable, please indicate your agreement by signing the attached work authorization, which references this proposal. Please return one signed work authorization to Ms. Johnson's attention. Please call either of the undersigned with questions you may have as you review this proposal. Sincerely, Jll Johnson, P.G. Senior Hydro'eologist fALIA) dra Weeks. P.E. Principal Attachments XR 14096',XR 14053-R1 V dock engineers I scientists 1 innovators 594 WORK ORDER NUMBER 10 Former South Gifford Road Landfill This Work Order Number 10 is entered into as of this day of , 20 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 Geosyntec Consultants, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit 1 (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit 1 (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit 1 (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above, CONSULTANT: BOARD OF COUNTY COMMISSIONERS Geosyntec Consultants, Inc. By: Title: Principal By: OF INDIAN RIVER COUNTY Peter D. O'Bryan, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Approved: Approved as to form and legal sufficiency: Deputy Clerk Joseph A. Baird, County Administrator Dylan T. Reingold, Coun Attorney 595 ATTACHMENT A BUDGET ESTIMATE engineers 1 scientists 1 innovators 596 Subtotal TechnicaUAdministrative Service, Table 1 JULY 2014 BUDGET ESTIMATE SOUTH GIFFORD ROAD LANDFILL Task 1: Project Mana:eroent ITEM Principal Associate Senior Project Geologist Project Engineer Engineer Senior Staff Geologist Staff Engineer BASIS RATE QUANTITY ESTIMATED BUDGET hr hr hr hr hr hr hr $216 $204 $179 $147 $128 $113 $96 4 0 26 0 0 0 12 Subtotal Professional Services Site Manager/Construction Manager Senior Engineering Technician Designer/GIS Drafter/CADD Operator Technical/Administrative Assistant Technical Word Processor Clerical Szu hr hr hr hr hr hr hr $109 $81 $129 $80 $90 $92 $54 0 0 0 0 0 0 4 Lodging Per Diem Communications Fee CADD Computer System Vehicle Rental 8.5"x11" Photocopies Second Day Letter day day 3% labor hr day each each $89 $51 0.03 $15 $97 $0.12 $6 0 0 6,886 0 0 0 0 Subtotal Reimbursables gp= $864 $0 $4,654 $0 $0 $0 $1,152 $6,670 $0 $0 $0 $0 $0 $0 $216 $216 $0 $0 $207 $0 $0 $0 $0 $207 XR14053-REV.xlsx Geosyntec Consultants 597 Subtotal Technical/Administrative Service • Table 2 JULY 2014 BUDGET ESTIMATE SOUTH GIFFORD ROAD LANDFILL Task 2: Meetin l s/Re ' ulatory Interaction ITEM 473 Principal Associate Senior Project Geologist Project Engineer Engineer Senior Staff Geologist Staff Engineer BASIS hr hr hr hr hr hr hr RATE $216 $204 $179 5147 $128 $113 $96 QUANTITY 22 0 30 0 0 24 0 Subtotal Professional Services Site Manager/Construction Manager Senior Engineering Technician Designer/GIS Drafter/CADD Operator Technical/Administrative Assistant Technical Word Processor Technical/Administrative Assistant .61 hr hr hr hr hr hr hr $109 $81 $129 $80 $90 $92 $54 0 0 8 0 0 0 0 Lodging Per Diem Communications Fee CADD Computer System Vehicle Rental 8.5"x11" Photocopies Second Day Letter day day 3% labor hr day each each $89 $51 0.03 515 $97 $0.12 $6 4 0 13,866 8 5 1,000 0 Subtotal Reimbursables ESTIMATED BUDGET $4,752 $0 $5,370 $0 $0 $2,712 $0 $12,834 $0 $0 $1,032 $0 $0 $0 $0 $1,032 $ 120 $485 $120 $0 51,497 $356 $0 $416 XR14053-REV.xlsx Geosyntec Consultants 598 Table 3 JULY 2014 BUDGET ESTIMATE SOUTH GIFFORD ROAD LANDFILL Task 3A: Field Activities -Soil Samplin ITEM BASIS RATE QUANTITY ESTIMATED BUDGET r•'YB * 1 #1 44 44,, O r''{ S'£ Principal hr $216 0 $0 Associate hr $204 0 $0 Senior Project Geologist hr $179 8 $1,432 Project Engineer hr $147 0 $0 Geologist hr $128 10 $1,280 Senior Staff Geologist hr $113 65 $7,345 Staff Geologist hr $96 0 $0 Subtotal Professional Services $10,057 �4F * t " 1 $ 1� T .Y�_ t Y'�' r+'i.i S�' a� Ei t f','' .6 u C f. - ' ' i t w e Site Manager/Construction Manager hr $109 0 $0 Senior Engineering Technician hr $81 65 $5,265 Designer/GIS hr $129 0 $0 Drafter/CADD Operator hr $80 0 $0 Technical/Administrative Assistant hr $90 0 $0 Technical Word Processor hr $92 0 $0 Clerical hr $54 1 $54 Subtotal Technical/Administrative Services $5,319 S ! `.'i. (4w r'* for �ft'it.i.-,, rk r' tir? ,':4.4.1, ,;,,(11 %4 .,(. t r ... .''`-ti11:?':.4.tr.j + y'):' ,1, v VOC Analysis each $73 10 $728 SVOC Analysis (inc 3 Ebs) each $139 41 $5,703 RCRA Metals Analysis (inc 3 Ebs) each $70 41 $2,852 PAHs Analysis each $139 27 $3,756 Arsenic Analysis each $19 9 $173 EPA 8141 Analysis each $102 10 $1,017 EPA 8081 Analysis each $75 10 $749 EPA 8151 Analysis each $91 10 $910 Subtotal Subcontractor Servicesi $15,886 -41 _ ..l6"{�vt 4 e�r i ^1 'h Fr Rx Y4 AA '.1*!!.'a'ES ,t y`;5 „' • i, -': Lodging day $101 10 $1,010 Per Diem day $51 10 $510 Communications Fee 3% labor 0.03 $15,376 $461 CADD Computer System hr $15 0 $0 Field Vehicle day $97 5 $485 8.5"x11" Photocopies each $0.12 60 $7 Field Kit day $150 5 $750 Equipment Shipping each $75 2 $150 Subtotal Reimbursables$3,,373 � lMI�Ttia*�,(` t lb lZ' t wi .1 ® Notes: 1. Lodging and per diem rates were taken from the GSA website for the Vero Beach area (wvnvgsagov) 2 Monitonng Well Installation Kit includes. P1D, water level indicator, GPS unit, field geology kit, and muni -meter (pH, temperature, conductivity, turbidity, dissolved oxygen, and oxidation reduction potential), and miscellaneous supplies. )R14053 -REV xlsx Geosyntec Consultants 599 Table 4 JULY 2014 BUDGET ESTIMATE SOUTH GIFFORD ROAD LANDFILL Task 3B: Field Activities-LFG ITEM BASIS RATE QUANTITY ESTIMATED BUDGET ''' .rrUs YIr.,��ia:.- , .i1t0` hr ��.$.iv,/,,x $216 _ss'7 1 s $216 Principal Associate hr $204 0 $0 Senior Project Geologist hr $179 2 $358 Project Engineer hr $147 0 $0 Geologist hr $128 6 $768 Senior Staff Geologist hr $113 0 $0 Staff Geologist hr $96 0 $0 �(} ..rt3,y � ^ii:e' ,tMx�H&dlyAa^ Site Manager/Construction Manager Subtotal . .. hr Professional $109 Services 21 ra 4$ 1,342 r - , J�.l-�RltrAYl $2,289 Senior Engineering Technician hr $81 0 $0 Designer/GIS hr $129 0 $0 Drafter/CADD Operator hr $80 0 $0 Technical/Administrative Assistant hr $90 0 $0 Technical Word Processor hr $92 0 $0 Clerical hr $54 1 $54 Technical/Administrative Services $2,343 �cSubtotal •vt 4.1; w€ '3..,,, x"axu,., rat i. .,.....0 xf.... Jt i• r. ,. !,,.y ' ' ti, 'SS Bar Punch each $144 0 $0 Prepacked wells each $99 8 $792 Gas well drilling daily $1,350 1 $1,350 Surface Completions each $185 0 $0 Per Diem each $220 I $220 Lab VOC air analysis each $350 3 $1,050 Gas meters (PID and GEM) day $250 2 $500 Decon each $165 1 $165 Subtotal Subcontractor Services $4,077 a '17.44 1)T_ A.�"n`,.s«.�.a�a.�{�+'.'>L^'y.s���s pep t M. fir, �r� .;�M'dYv.:�3i�ie¢w,:r_yti a ,r. M r iii .— °`.;a4.. rX,e,r�Y.�h����f; .. sr i,c_..:.nf'.,a'#:�:tJ $101 Lodging day $101 1 Per Diem day $51 1 $51 Communications Fee 3% labor 0.03 $3,685 $111 Field Vehicle day $97 2 $194 8.5"x11" Photocopies each $0 12 60 $7 Field Kit day $150 2 $300 Equipment Shipping each $75 1 $75 Subtotal bursaybles $839 € ��w. �R'p�eiim ��,.b' 1. �Y . xf E '1 9� N t1S• S� atm I1 :"� .is%Y'N U.i,Klae�- , Notes: 1. Lodging and per diem rates were taken from the GSA website for the Vero Beach area (www.gsa. goy) 2. Monitoring Well Installation Kit includes: PID, water level indicator, GPS unit, field geology kit, and multi -meter (pH, temperature, conductivity, turbidity, dissolved oxygen, and oxidation reduction potential), and miscellaneous supplies. XR14053-REV.xlsx Geosyntec Consultants 600 Table 5 JULY 2014 BUDGET ESTIMATE SOUTH GIFFORD ROAD LANDFILL Task 4: Report ITEM Principal Associate Senior Project Geologist Project Engineer Engineer Senior Staff Geologist Staff Engineer BASIS hr hr hr hr hr hr hr RATE $216 $204 $179 $147 $128 $113 $96 QUANTITY 8 0 14 0 16 40 0 Subtotal Professional Services Site Manager/Construction Manager Senior Engineering Technician Designer/GIS Drafter/CADD Operator Technical/Administrative Assistant Technical Word Processor Technical/Administrative Assistant hr hr hr hr hr hr hr $109 $81 $129 $80 $90 $92 $54 0 . 0 28 0 0 0 0 Subtotal Technical/Administrative Service Lodging Per Diem Communications Fee CADD Computer System Vehicle Rental 8.5"x11" Photocopies Second Day Letter day day 3% labor hr day each each $89 $51 0.03 $15 $75 $0.12 $6 0 0 14,414 28 0 1,000 0 Subtotal Reimbursables ESTIMATED BUDGET $1,728 $0 $2,506 $0 $2,048 $4,520 $0 $10,802 $0 $0 $3,612 $0 $0 $0 $0 $3,612 $0 $0 $432 $420 $0 $120 $0 $972 XR 14053-REV.xlsx Geosyntec Consultants 601 Prepared for: Treasure Coast Regional Planning Council 421 SW Camden Avenue Stuart, Florida 34994 BROWNFIELDS SITE ASSESSMENT SOUTH GIFFORD ROAD LANDFILL 4701 41ST STREET VERO BEACH, FLORIDA Prepared by: Geosyntec c> consultants criginecrs I s( ia•ntisis I innovators 316 South Baylen Street, Suite 201 Pensacola, FL 32502 Geosyntec Consultants Project Number FR0766H June 2014 602 Brownfields Site Assessment June 2014 South Gifford Road Landfill, Vero Beach, Florida TABLE OF CONTENTS 1. INTRODUCTION 1 1.1 Terms of Reference 1 1.2 Purpose 1 1.3 Report Organization 2 2. SITE SETTING AND BACKGROUND 3 2.1 Site Location and Description 3 2.2 Site Background 3 2.3 Summary of Previous Investigations and Remedial Actions 3 2.4 Site -Specific Lithology 4 2.5 Aquifer Properties and Groundwater Flow 5 3. ASSESSMENT METHODOLOGIES 6 3.1 Overview 6 3.2 Soil Sampling 6 3.3 Landfill Cover Evaluation 7 3.4 Soil Gas Probe Installation and Sampling 7 3.5 Management of Investigation -Derived Waste 8 4. ASSESSMENT RESULTS 9 4.1 Overview 9 4.2 Soil Results 9 4.3 Landfill Cover Evaluation Results l0 4.4 Soil Gas Results 10 4.5 Quality Assurance/Quality Control 11 5. CONCLUSIONS AND RECOMMENDATIONS 12 6. REFERENCES 14 FR0766H i Jul -14 603 Brownfields Site Assessment June 2014 South Gifford Road Landfill, Vero Beach, Florida LIST OF TABLES Table 1 Table 2 TABLE OF CONTENTS (continued) Summary of Soil Results Summary of Soil Gas Detections LIST OF FIGURES Figure 1 Figure 2 Figure 3 Figure 4 Figure 5 Figure 6 Figure 7 Site Vicinity Topographic Map Assessment Area Parcel/Surrounding Land Use Assessment Area Sample Locations Soil Sampling Analytical Results Approximate Cover Thickness Soil Gas Analysis Results LIST OF APPENDICES Appendix A Appendix B Appendix C Appendix D Appendix E Field Forms Laboratory Reports Summary of Detected Constituents in Soil Benzo(a)pyrene Toxicity Equivalence Quotient Calculations Select Photographs from Cover Thickness Evaluation FR0766H ji Jul -14 604 Brow, f ells Site Assessment June 2014 South Ghord Road Landfill, Vero Beach, Florida TABLE OF CONTENTS (continued) List of Acronyms and Abbreviations Percent Accutest Accutest Southeast Laboratory BaP Benzo(a)pyrene BLS Below Land Surface Cis- 1 ,2-DCE Cis-1,2-dichloroethene COC Constituent of Concern C/I Commercial/Industrial CVOC Chlorinated Volatile Organic Compound F.A.C. Florida Administrative Code FDEP Florida Department of Environmental Protection FDOH Florida Department of Health ft feet ft2 square feet Geosyntec Geosyntec Consultants GPS Global Positioning System IDW Investigation Derived Waste IP&T Interim Pump and Treat IRC Indian River County K Hydraulic Conductivity lbs pounds mg/kg milligrams per kilogram LFG Landfill Gas NELAC National Environmental Laboratory Accreditation Conference OCP Organochlorine Pesticides OPP Organophosphorous Pesticides PCE Tetrachloroethene PID Photoionization Detector ppm parts per million PVC Polyvinyl Chloride QA Quality Assurance QAPP Quality Assurance Project Plan QC Quality Control R- Residential RAP Remedial Action Plan RCRA Resource Conservation and Recovery Act SIM Select Ion Monitoring FR0766H iii Jul -14 605 Brownfields Site Assessment June 2014 South Gifford Road Landfill, Vero Beach, Florida TABLE OF CONTENTS (continued) List of Acronyms and Abbreviations (continued) Site South Gifford Road Landfill SOP Standard Operating Procedure SCTL Soil Cleanup Target Level SVOC Semi -Volatile Organic Compound SWDD Solid Waste Disposal District TCE Trichloroethene TCRPC Treasure Coast Regional Planning Council TEQ Toxicity Equivalence Quotient USEPA United States Environmental Protection Agency VOC Volatile Organic Compound FR0766H Ju1-14 606 Brownfields elds Site Assessment June 2014 South Gifford Road Landfill, Vero Beach, Florida 1. INTRODUCTION 1.1 Terms of Reference Geosyntec Consultants (Geosyntec) conducted brownfields site assessment activities for the Treasure Coast Regional Planning Council (TCRPC) at the South Gifford Road Landfill (Site) located at 4701 41'1 Street in Vero Beach, Indian River County, Florida (Figure 1). TCRPC received a United States Environmental Protection Agency (USEPA) Brownfields Coalition Assessment Grant for evaluation of eligible properties within areas that may ultimately be designated for brownfields redevelopment. The overall former landfill property, a 115 -acre former trench and fill landfill, is under evaluation to assess eligibility for brownfields redevelopment. The northern portion (approximately 55 acres) of the property is owned by Indian River County (IRC) and the southern portion (approximately 60 acres) is owned by the City of Vero Beach. The 30 acres adjacent to 41st Street within the 55 acres owned by IRC were identified by TCRPC for potential brownfields redevelopment to provide enhancement to the surrounding Vero Beach community. TCRPC provided targeted funds to conduct the initial assessment activities described herein. 1.2 Puraose There are several potential redevelopment options (and/or combination of options) being considered for the Site (e.g., community market, recreational uses), but no specific plans are currently in place. Assessment activities were designed to assess potential human health/direct exposure -related concerns at the landfill in areas that: (i) are most likely to be redeveloped; (ii) will be the most accessible to the public; and/or (iii) are likely to be within the former landfill footprint (i.e., the northern 30 acres owned by IRC adjacent to 41St Street). The landfill and the area of assessment are identified on Figure 2. Specifically, the assessment activities focused on: (i) identification of contaminant concentrations in shallow soil; (ii) evaluation of the thickness of the existing soil cover over waste material; and (iii) evaluation of the composition of soil gas in subsurface soil, including the presence of methane, which is typically found in landfill gas (LFG). It should be noted that this Brownfields assessment work for TCRPC was completed pursuant to a separate contract from the ongoing groundwater monitoring and remediation work that Geosyntec is assisting IRC Solid Waste Disposal District (SWDD) with at the Site. The ongoing groundwater monitoring and remediation work differs from the Brownfields assessment described herein in several key aspects. The ongoing monitoring and remediation work is: (i) funded by IRC rather than the Brownfields grant through TCRPC; (ii) focused on groundwater rather than the shallow soil and LFG; and (iii) regulatory driven through the Florida Department of Environmental Protection (FDEP) rather than under a voluntary Brownfields program FR0766H 1 7/8/2014 607 Brownfields elds Site Assessment June 2014 South Gifford Road Landfill, Vero Beach, Florida (USEPA) consistent with FDEP guidance (Guidance for Disturbance and Use of Old Closed Landfills or Waste Disposal Areas in Florida). Although these key aspects vary, the concurrent activities are collectively focused on the common purpose of meeting environmental regulatory requirements with respect to public health and safety and returning the landfill to a beneficial use for the local Gifford community and the community at Targe. 1.3 Report Organization The remainder of this report is organized as follows: • Section 2 — Site Setting and Background describes the Site location and description, Site background, summary of previous investigations and remedial actions, Site- specific lithology, and aquifer properties and groundwater flow; • Section 3 — Assessment Methodologies describes the field activities completed during the assessment activities, including soil sampling, landfill cover evaluation, soil gas probe installation and sampling, and management of investigation -derived waste (IDW); • Section 4 -- Assessment Results summarizes the soil and soil gas analytical results, results of the landfill cover thickness evaluation, soil gas results, and quality assurance (QA)/quality control (QC) results for field and laboratory data during assessment activities; • Section 5 — Conclusions and Recommendations presents conclusions from the assessment activities and recommended next steps; and • Section 6 — References provides a list of references cited within the document. Tables, figures, and appendices are provided at the end of the report. FR0766H 2 7/8/2014 608 Bro;+ nfields Site Assessment June 2014 South Gifford Road Landfill, Vero Beach, Florida 2. SITE SETTING AND BACKGROUND 2.1 Site Location and Description The Site is located in east -central IRC in Section 28, Township 32S, Range 39E (Figure 1). Various commercial, industrial, and undeveloped areas border the Site to the south, east, and west, with 41st Street bordering the Site to the north. A Surrounding Land Use Map including parcel boundaries is included as Figure 3. 2.2 Site Background Based on historical documents, commercial, industrial, residential, and agricultural wastes were disposed of in the landfill from approximately 1960 until 1977. Records indicate that the waste cells were excavated to approximately 8 ft below the original land surface grade; however, interviews with onsite workers indicate that, in some areas, the waste cells may have extended more than 10 ft below land surface (BLS), below the water table. The waste cells varied in length from approximately 200 to 500 ft. Waste disposal activities were terminated in August 1977, and the final landfill cover, which was comprised of approximately 2 ft of clean fill material pursuant to the permit, was constructed in 1978. Pine foliage was planted in various areas of the site in 1979. A 2008 aerial view showing the Site boundaries is provided on Figure 2. The Site is currently vacant with the exception of the use of the northern portion of the Site as a laydown yard by IRC and a residential convenience center where residents can drop off waste materials. 2.3 Summary of Previous Investigations and Remedial Actions A source investigation was initiated by Geosyntec in 1999, after volatile organic compounds (VOCs) were discovered in groundwater. The results of the source assessment activities indicated a VOC contamination source in the waste material approximately 12 ft BLS and identified a chlorinated VOC groundwater plume approximately 1 -mile in length extending downgradient in the direction of groundwater flow. An Interim Pump and Treat (IP&T) system was installed to provide hydraulic containment of the high concentration area of the dissolved groundwater plume and groundwater monitoring activities were initiated in December 2002. A Remedial Action Plan (RAP) was developed in July 2003, concurrent with the groundwater monitoring activities and IP&T system operation. The RAP outlined a proposed remedy for the VOC-impacted area of the Site, including aggressive source removal, expansion of the existing IP&T system, construction of an infiltration gallery for effluent re-injection, and monitored natural attenuation for the downgradient FR0766H 3 7/8/2014 609 Brownfrelds Site Assessment June 2014 South Gifford Road Landfill, Vero Beach, Florida dissolved plume. The boundary of the excavation footprint for the aggressive source removal, recovery wells and infiltration gallery injection wells associated with the IP&T system, and VOC groundwater monitoring network are shown on Figure 2. A refined source assessment was conducted in May 2003. Soil cores were screened using a photoionization detector (PID) to evaluate total VOC concentrations in soil. PID responses were generally elevated within the organic interval identified at approximately 12 to 13 ft BLS, which ranged in thickness from about 4.5 to 6 ft thick (zone of maximum PID response typically encountered within a 1.5 to 2.0 ft thick interval). High VOC field screening results in soil were observed in the organic -rich layer. Based on the results of the refined source assessment, source removal activities were conducted from May through October 2004, and resulted in the removal of approximately 800 to 1,200 pounds (lbs) of trichloroethene (TCE) from the source area via the excavation, and an additional 80 lbs of TCE, 73 lbs of cis-1,2-dichloroethene (cis-1,2-DCE), and 2 lbs of vinyl chloride via the dewatering system. Enhanced bioremediation injection activities were completed in 2008 and 2012 in the excavation footprint, along the eastern landfill property boundary, and east of the landfill property in conjunction with long-term groundwater monitoring to monitor the progress of ongoing biodegradation and natural attenuation at the Site. The current remedial strategy for the Site is a passive solution, which relies on the in situ biological degradation of VOCs. While the time to ultimately achieve cleanup standards using this approach is extended, the approach avoids the considerable costs associated with a more aggressive treatment system with mechanical components (such as plume -wide air sparging or pump and treat). Additionally, as part of separate work performed for IRC, in December 2008, test pits were excavated at the Site to assess the nature and extent of landfill material in the subsurface for purposes of potential redevelopment as a Senior Resource Center. Test pits were excavated at 17 locations (TP -01 through TP -17) in the northeast portion of the IRC -owned parcel at the former Humane Society building site (formerly located along 41st Street east of GR-MW30 and west of GR-MW09) and the Road and Bridge laydown yard. Test pit locations are shown on Figure 2. 2.4 Site -Specific Lithology The subsurface lithology at the Site has been characterized as part of assessment activities at the Site. The shallow sediments at the Site consist of 10 to 18 ft of fill where waste is present, along with organic rich native sands in unfilled areas. The underlying soil material consists of loose to medium dense sand with varying amounts of silt, to depths of approximately 30 to 40 ft BLS. Below this zone, fragmented shells intermixed with phosphatic sand, can be found to depths of approximately 65 to 75 ft BLS. The shell and sand layers are underlain by a zone consisting of FR0766H 4 7/8/2014 610 Brownfields Site Assessment June 2014 South Gifford Road Landfill, Vero Beach, Florida thin layers of clay, sand and clay, and clayey sand, which comprise a semi -confining zone overlying the Tamiami Formation. 2.5 Aquifer Properties and Groundwater Flow Geosyntec performed aquifer testing in March 2001 to evaluate the hydraulic properties of the shallow unconsolidated sands within the surficial aquifer system (20 to 55 ft BLS). Aquifer testing activities were summarized in the June 2001 report titled: "Interim Pump and Treat System Supporting Activities, Construction, and Start -Up Report". The aquifer testing activities which included groundwater pumping from recovery well RW -1, yielded the following results: (i) mean hydraulic conductivity (K) was estimated to be 142 ft/day; (ii) mean transmissivity was estimated to be 6,400 ft squared (ft2)/day; and (iii) mean storativity was estimated to be 0.001. Based on depth to water measurements collected sitewide as part of the semi-annual groundwater monitoring activities ongoing at the Site since 2002, groundwater flow is generally toward the southeast in the vicinity of the Site. FR0766H 5 7/8/2014 611 Brownfields Site Assessment June 2014 South Gifford Road Landfill, Fero Beach, Florida 3. ASSESSMENT METHODOLOGIES 3.1 Overview Our understanding of conditions and potential exposure pathways that may impact health and safety of the community guided development of the assessment activities described herein. These exposure pathways included: • Surface soils — it is important to evaluate the thickness of the landfill cover soils to ensure sufficient cover to prevent direct exposure to the waste. It is also important to evaluate the chemical compositions of the soil cover to verify that the cover soils are "clean". • Landfill Gas — waste materials decompose as they age and typically generate methane. Methane can be an explosion hazard under certain conditions. For an explosive condition to exist, landfill gas must accumulate in a confined space. If buildings or other potential confined spaces are a part of the development plan, a properly designed and constructed control system should be in place to minimize potential hazards. • Groundwater — groundwater is being investigated, remediated, and monitored separate from this assessment under the purview and with oversight from the FDEP. Much of the groundwater has been cleaned up; however, there are residual levels of certain contaminants above cleanup target levels. Limiting groundwater use until it is cleaned up to levels that allow unrestricted use will minimize potential exposure to contamination in the groundwater. The sampling strategy was designed to screen for potential constituents of concern (COCl) typical of sites with similar historical uses, including: semi -volatile organic compounds (SVOCs); Resource Conservation Recovery Act (RCRA) metals; VOCs; organochlorinated pesticides (OCPs); organophosphorous pesticides (OPP); and herbicides. The assessment area and sampling locations completed as part of the activities described herein are shown on Figure 4. Soil and soil gas samples were collected pursuant to the EPA Region 4 -approved Site - Specific Quality Assurance Project Plan (QAPP). Field forms are included in Appendix A. 3.2 Soil Sampling The soil sampling methodology was designed to characterize surface soils from the ground surface to 2 ft BLS. Soil samples were collected on an approximate 225 ft -spaced grid (between points) from 29 locations using a decontaminated hand auger (locations provided on Figure 4). Prior to mobilizing, Sunshine State One Call of Florida, Inc. was notified of the proposed subsurface activities to locate utilities in the vicinity of proposed soil boring locations. Two soil samples were collected at each soil boring location at depth intervals of 0 to 0.5 and 0.5 to 2 ft FR0766H 6 7/8/2014 612 Brownfields Site Assessment June 2019 South Gifford Road Landfill, Vero Beach, Florida BLS. Soils were lithologically logged and visual observations were noted in field logs. Four proposed sample locations were not sampled: (i) two locations were not sampled because waste was encountered within the proposed sample interval (i.e., shallower than 2 ft BLS); and (ii) two locations were not sampled because they were inaccessible. Soil samples were collected in general accordance with FDEP Standard Operating Procedures (SOPs). A global positioning system (GPS) unit with sub -meter accuracy was used to navigate to each proposed soil boring location prior to sampling activities. Soil samples were couriered to Accutest Southeast Laboratory (Accutest) in Orlando, Florida under chain of custody protocol for laboratory analysis of RCRA metals by USEPA Method 6010 and SVOCs by USEPA Method 8270 and Method 8270 select ion monitoring (SIM). A subset of the soil samples (18 locations) were also analyzed for VOCs by USEPA Method 8260, OCPs by USEPA Method 8081, OPPs by USEPA Method 8141, and chlorinated herbicides by USEPA Method 8151. 3.3 Landfill Cover Evaluation An evaluation of the existing landfill cover was conducted on 4 April 2014. A mini -excavator operated by IRC personnel was used to excavate test pits to approximately 4 ft BLS to evaluate cover thickness at ten locations (TP -101 through TP -110 shown on Figure 4) in the assessment area. Observations recorded from each soil boring location completed as part of the activities described in Section 3.2 and test pits completed in 2008 were used to select the test pit locations for TP -101 through TP -110. Waste material encountered was segregated from cover soil by the IRC mini -excavator operator. Excavated materials were temporarily staged on plastic sheeting to prevent contact of the waste materials with undisturbed cover. The cover thickness and presence or absence of waste to 4 ft BLS was documented in field notes and photographs at each test pit location. Test pits were backfilled by the IRC mini -excavator operator using excavated material, placing cover material on top of the waste. A GPS unit with sub -meter accuracy was used to navigate to each test pit location prior to excavation. 3.4 Soil Gas Probe Installation and Sampling Eight temporary soil gas probes (LFGOI through LFG08) were installed in the assessment area (Figure 4) on 10 April 2014, to evaluate the composition of soil gas. Soil gas probes were constructed of 3/ -inch diameter polyvinyl chloride (PVC) and 0.010 -inch slotted screen. Probes were screened from 1 ft BLS to the water table, and screen intervals ranged from three to five ft. A 20/30 sand filter pack was placed in the annular space from the base of the screen to approximately six inches BLS. Hydrated bentonite was placed in the annular space above the sand filter pack flush with the ground surface. Probes were installed using a decontaminated hand auger. Probe locations were selected based on observations recorded from soil boring FR0766H 7 7/8/2014 613 Brownfields Site Assessment June 2014 South Gifford Road Landfill, Vero Beach, Florida locations in 2014, the excavation footprint from the aggressive source removal, historical Site knowledge, and test pits excavations completed in 2008 and 2014. The probes were completed at the surface as a stickup with an expansion cap equipped with a quick -connect sampling port at the top of the well. Tubing was affixed to the quick -connect port and subsurface soil gas was field screened for approximately 60 seconds for methane, oxygen, and carbon dioxide concentrations using a GEM2000 LFG analyzer. Since there are historical VOC groundwater impacts at the Site, subsurface soil gas was also field screened for VOCs using a MiniRae 3000 PID. Three air samples were collected using a flow controller and summa canister and submitted to Accutest for analysis of VOCs using USEPA Method TO -15. Each soil gas probe location was surveyed for northing and easting using a GPS unit with sub -meter accuracy. 3.5 Management of Investigation -Derived Waste Soil IDW generated during soil gas probe installation activities was containerized in 55 -gallon drums. The drums were labeled and have been temporarily stored on-site pending laboratory analysis and waste characterization. FR0766H 8 7/8/2014 614 Brownfields Site Assessment June 2014 South Gifford Road Landfill, Vero Beach, Florida 4. ASSESSMENT RESULTS 4.1 Overview During the assessment activities, soil and soil gas samples were analyzed pursuant to the EPA Region 4 -approved Site -Specific QAPP. A summary of the assessment results is provided in the section below. Analytical laboratory reports are provided in Appendix B. 4.2 Soil Results The results of the soil analyses were compared to FDEP Residential (R-) and Commercial/Industrial (C/I-) Soil Cleanup Target Levels (SCTLs) per Chapter 62-777 Florida Administrative Code (F.A.C.). Comparison of the data to R-SCTLs was included as a conservative approach as future redevelopment options for the Site continue to be evaluated. Based on the current understanding of potential future Site uses (i.e., greenspace/recreational, municipal, and/or commercial/light industrial), C/1-SCTLs, or alternative cleanup levels based on proposed site use (e.g., recreational) will likely be more applicable than R-SCTLs. A summary of soil results is tabulated in Table 1 and presented on Figure 5. A summary of constituents detected in soil is tabulated in Appendix C and Benzo(a)pyrene (BaP) Toxicity Equivalence Quotient (TEQ) calculations are tabulated in Appendix D. Concentrations of arsenic, BaP and/or total BaP TEQ were observed in three soil sampling locations, SB 100, SB 109, and SB 1 1 1 , above default regulatory guidance, as follows: • arsenic was observed in SB111 from 0 to 0.5 ft BLS 3.9 milligrams per kilogram [mg/kg)), above the R-SCTL of 2.1 mg/kg; • BaP was detected in SB 100 from 0 to 0.5 ft BLS (0.6 mg/kg) above the R-SCTL of 0.1 mg/kg; • total calculated BaP TEQs were above the R-SCTL (0.1 mg/kg) in SB l 09 from 0 to 0.5 ft BLS (0.2 mg/kg) and SB 111 from 0 to 0.5 ft BLS (0.2 mg/kg); and • total calculated BaP TEQ in SB100 from 0 to 0.5 ft BLS (0.9 mg/kg) was above the C/I- SCTL of 0.7 mg/kg. Overall, the soil analytical results collected as part of this effort indicate three locations of elevated concentrations above conservative regulatory guidance at SB 100, SB 1 09, and SB 1 1 1. Further evaluation of shallow soil impacts at each of these locations is warranted. FR0766H 9 7/8/2014 615 Bro i f elds Site Assessment June 2014 South Gifford Road Landfill, Vero Beach, Florida 4.3 Landfill Cover Evaluation Results Typical soil cover required for redevelopment of a landfill, such as Gifford Road Landfill, is two ft; however, alternative cover systems have been approved by FDEP (e.g., a geonet or geotextile overlain by one ft of cover soil). Approximate landfill cover thickness observed in the assessment area is presented on Figure 6. Data collected during the 2008 test pit excavation activities were used to supplement the data collected from TP -101 through TP -110. Two ft of landfill cover was observed at all but three test pit locations (TP -101, TP -102, and TP -103). In addition, less than two ft of landfill cover was observed at soil boring locations between TP -106 and TP -107 and near TP -102. Selected photographs from the cover thickness evaluation fieldwork are included in Appendix E. Improvements to the existing cap can easily be completed during grading operations when construction is underway for site development. The design of the final cover system for the landfill will need to be approved by FDEP prior to construction. 4.4 Soil Gas Results Field screening results from the soil gas probes are presented on Figure 7. The results indicated that methane, which is found in LFG, is present in soil gas in the subsurface within the assessment area. LFG is created when organic materials decompose under anaerobic conditions. LFG is typically composed of methane (50 to 55%), carbon dioxide (45 to 50%), and trace amounts of other gases (e.g., oxygen, nitrogen, and hydrogen sulfide). Field screening results were found to generally be within the typical ranges for landfills, with observed carbon dioxide concentrations being slightly less and methane being slightly higher. In addition to waste decomposition, naturally - occurring organic material in the subsurface and natural attenuation of VOCs present in groundwater at the Site (through ongoing bioremediation activities) may also contribute to methane soil gas concentrations. PID measurements ranged from non -detect in LFG06 to 18.5 parts per million (ppm) in LFG04. Soil gas samples were collected from LFGOI, LFG04, and LFG06 on 11 April 2014. The soil gas results are tabulated in Table 2. Soil gas results were compared to Default Concentrations for LFG Constituents found in Table 2.4-1 of the 1998 USEPA AP 42, Fifth Edition. Compilation of Air Pollutant Emission Factors, Volume 1: Stationary Point and Area Sources. Of the 67 constituents analyzed, 33 were detected in one or more soil gas probes. None were above the USEPA default concentrations, suggesting that the soil gas concentrations measured as part of this effort are indicative of conditions at typical closed/former landfills. There are currently no state regulatory drivers in Florida to evaluate the chemical composition of soil gas; however, any construction projects should consider potential impacts from combustible gas. FR0766H 10 7/8/2014 616 Brownfields Site Assessment June 2014 South Gifford Road Landfill, Vero Beach, Florida Any structures located on the landfill must be designed with proper ventilation and with explosion proof electrical wiring. Enclosed ground level and underground structures should be avoided unless designed with adequate protection against landfill gas intrusion and accumulation. 4.5 Quality Assurance/Quality Control Field activities, including sample collection, were performed in general compliance with the USEPA-approved QAPP, the most current version of the Florida QA Rule, Chapter 62-160, F.A.C., and the associated FDEP SOPs. Accutest is certified by the Florida Department of Health (FDOH) Bureau of Laboratories under the National Environmental Laboratory Accreditation Conference (NELAC) Certification Number E83510. Fixed -based laboratory samples (soil and soil gas) were analyzed within the established hold times for each analyte. No significant QA/QC issues were noted in Accutest laboratory reports and the results of the QA/QC review show that the data set is of adequate quality for its intended purpose with no limitations to its use. FR0766H 11 7/8/2014 617 Brownfields Site Assessment June 2014 South Gifford Road Landfill, Pero Beach, Florida S. CONCLUSIONS AND RECOMMENDATIONS The following conclusions are made based on the assessment activities completed at the Gifford Road Landfill during March and April 2014: • Concentrations of arsenic, BaP and/or total BaP TEQ were observed in soil samples collected from soil sampling locations SB 100, SB 109, and SBI 1 1 from 0 to 2 ft BLS, with the highest concentrations observed from 0 to 0.5 ft BLS. • Soil cover over the landfilled waste was observed to be less than 2 ft thick at test pit locations TP -101, TP -102, TP -103, and at the soil boring locations between TP -106 and TP -107 and near TP -102. In all other locations, the cover soil thickness was greater than two ft. • Field screening results indicate the composition of soil gas in the assessment area of the Site is typical of closed/former landfill conditions. This initial assessment effort focused on the northern 30 acres of the Gifford Road Landfill owned by IRC, located adjacent to 41St Street. Overall, the data collected as part of this initial assessment effort described herein indicates that the conditions within the assessment area of the Site are typical of conditions expected at a closed/former landfill, such as the South Gifford Road Landfill. None of the site conditions identified as part of this initial assessment effort preclude redevelopment of the landfill; however, the data will be useful to identify areas where additional assessment and improvements need to be considered prior to and during the planning of redevelopment activities, as described further in the recommendations below. The following recommendations are made for the assessment area investigated during this study completed at the Site during March and April 2014: • Conduct additional assessment of surface soils where arsenic, BaP, and/or total BAP TEQ were observed above default regulatory guidance. • Once redevelopment plans have been furthered and grading plans developed, conduct additional assessment to further delineate areas with less than 2 ft of cover soils. The landfill cover must be constructed and maintained to prevent human contact with the underlying waste materials. As discussed earlier, the cover system required by FDEP usually consists of two ft of soils graded to prevent ponding; however, alternative cover system have been approved (e.g., one ft of soil cover underlain by a geotextile or geogrid FR0766H 12 7/8/2014 618 Brownfields Site Assessment June 2019 South Gifford Road Landfill, Vero Beach, Florida or alternatively, a low -permeability surface cap such as asphalt for a parking lot or other use). • In areas of focused redevelopment, conduct a combustible gas survey to assist in design of landfill gas mitigation measures. FR0766H 13 7/8/2014 619 Brownfields Site Assessment June 2014 South Gifford Road Landfill, Vero Beach, Florida 6. REFERENCES Florida Department of Environmental Protection, Guidance for Disturbance and Use of Old Closed Landfills or Waste Disposal Areas in Florida, Version 2.1 (Final). February 201 1. Geosyntec Consultants, Interim Pump and Treat System Supporting Activities, Construction, and Start -Up Report. June 2001. Geosyntec Consultants, South Gifford Road Landfill Remedial Action Plan. July 2003. Geosyntec Consultants, December 2013 Semi -Annual Groundwater Monitoring Report for the Plume Monitoring Network, South Gifford Road Landfill. January 2014. Geosyntec Consultants, Site -Specific Quality Assurance Project Plan, Addendum 8A for Brownfields Site Assessment in Vero Beach, Florida, Revision 0. January 2014. U.S. Environmental Protection Agency. AP 42, Fifth Edition, Compilation of Air Pollutant Emission Factors, Volume 1: Stationary Point and Area Sources, Section 2.4 Municipal Solid Waste Landfills. November 1998. U.S. Environmental Protection Agency, EPA Requirements for Quality Assurance Project Plans. EPA QA/R-5. EPA 240-B-01-003. Reissued May 2006. U.S. Environmental Protection Agency Region 4, Brownfields Quality Assurance Project Plans (QAPPs) Interim Guidance Document Generic and Site -Specific QAPPs for Brownfields Site Assessments and/or Cleanups. January 2009. FR0766H 14 7/8/2014 620 TABLES Table 1 Summary of Soil Exceedances South Gifford Road Landfill, Indian River County, Florida Sam i le ID Sam Ile Interval (ft BLS) Constituent \Ictal~ (601(I(') (ntg!I g) Result R-SCTL C/I-SCTL SB -111 0 - 0.5 Arsenic 3.9 2.1 12 Carcinogenic I'M (82701) and 82701) h SI\I) (pg/1.2) SB -100 0 - 0.5 Benzo(a).yrene 636 100 700 Total BaP TE Q .���A4�t�^.'mr.��;Y�,.,i j� 100 700 SB -109 0 - 0.5 Total BaP TEQ 208 100 700 SB -111 0 - 0.5 Benzo(a) . rene 112 I 100 700 Total BaP TEQ 155 100 700 SB -111 0.5 - 2 Total BaP TEQ 110 100 700 Notes: I. ft BLS indicates feet below land surface. 2. R-SCTL indicates Residential Soil Cleanup Target (SCTL) Level defined in Chapter 62-777, Florida Administrative Code (F.A.C.). 3. Commercial/Industrial (C/1) SCTL defined in Chapter 62-777, F.A.C. 4. mg/kg indicates milligrams per kilogram. 5. pg/kg indicates micrograms per kilogram. 6. PAH indicates polycyclic aromatic hydrocarbon. 7. 8270D indicates semi -volatile organic compound (SVOC) analysis by EPA Method 8270D. 8. SIM indicates selective ion monitoring mode for PAH. 9. BaP TEQ indicates Benzo(a)pyrene Toxicity Equivalent Quotients for BaP using the approach described in the February 2005 'Final Technical Report: Development of Cleanup Target Levels (CTLs) for Chapter 62-777, F.A.C.' 10. Bold, shaded values indicate a concentration above the C/I-SCTL. 11. 1 indicates the result is greater than the laboratory method detection limit and less than the practical quantitation limit. Table 1 FR0766H I of I May 2014 622 FR0766H Table 2 Summary of Soil Gas Detections South Gifford Road Landfill, Indian River County, Florida Analyte Default Concentrations for LFG Constituents Sample ID LFG-01 LFG-04 LFG-06 1,2,4-Trimethylbenzene NA 16.2 11.5 3.0 1, 3, 5-Trimethyl benzene NA 3.7 2.7 1.0 2,2,4-Trimethy1pentane NA 25 4-Bromofluorobenzene NA 116 77 87 4-Ethyltoluene NA 5.1 7.2 0.75 I Acetone 7,010 44.4 35.5 155 Benzene NA 0.731 1.21 11.3 Carbon disulfide 580 24.1 10.1 3.9 Chlorobenzene 250 26.5 0.2 U 0.1 U Chloroform 30 0.074 U 0.15 U 0.721 cis-1,2-Dichloroethene NA 0.11 U 0.22 U 3.3 Cyclohexane NA 22.9 9.7 5.3 Dichlorodifluoromethane 15,700 5.8 235 0.062 U Ethanol 27,200 8.6 24.1 300 Ethyl Acetate NA 11.3 0.46 U 0.23 U Ethylbenzene 4,610 27.4 72.8 66.6 Freon 114 NA 22.5 556 0.085 U Heptane NA 7.7 9.7 241 Hexane 6,570 6.6 29.8 53.3 Isopropyl Alcohol NA 1.6 2.6 5.8 Methyl ethyl ketone 7,090 4.1 1.8 28.0 Methyl Isobutyl Ketone 1,870 0.12 U 0.23 U 38.9 Methylene chloride NA 1.7 3.0 2.1 Propylene NA 24.9 0.25 U 26.7 Styrene NA 8.8 9.4 0.079 U Tertiary Butyl Alcohol NA 3.2 2.1 0.18 U Tetrachloroethene 3,730 26.8 30.4 0.22 Tetrahydrofuran NA 1.2 0.36 U 0.18 U Toluene NA 27.9 28.7 14.9 trans-1,2-Dichloroethene 2,840 0.059 U 0.12 U 2.8 Trichloroethene 2,820 1.8 8.5 1.5 Trichlorofluoromethane NA 0.055 U 3.5 0.055 U Vinyl chloride 7,340 0.068 U 0.14 U 9.3 Xylenes (total) 12,100 44.1 37.9 21.1 Notes: 1. Default Concentrations for landfill gas (LFG) constituents default Concentrations for LFG Constituents found in Table 2.4-1 of the 1998 USEPA AP 42, Fifth Edition, Compilation of Air Pollutant Emission Factors, Volume I: Stationary Point and Area Sources. 2 Results are in parts per billion by volume (ppbv) 3. U indicates the constituent is less than the laboratory method detection limit (MDL). 4. 1 indicates the result is greater than the laboratory MDL and less than the practical quantitation limit. 5. J indicates surrogate recovery was outside of the limit. 6 NA indicates not applicable. Table 2 loft May 2014 623 FIGURES rrt l,f rrrrf:'tarlarrra S a 8 VERO BEACH, FLA. 27080 -F4 -TF -024 1949 PHOTO REVISED 1983 DMA 4939 HI NW - SERIES V847 Legend Site Vicinity Topographic Map N um Approximate Site Location Approximate Landfill Property Boundary Figure Note: Source of USGS Vero Beach, FL Quadrangle: FDEP Land Boundary Information System Website. 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