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HomeMy WebLinkAbout03/10/20137A PROCLAMATION i HONORING REBECCA SWEENEY ON HER RETIREMENT FROM ' INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF EMERGENCY SERVICES/FIRE RESCUE WHEREAS, Rebecca Sweeney retired from Indian River County Fire Rescue effective March 4,2015; and WHEREAS, Rebecca Sweeney began her paramedic career on June 29, 1993, and was promoted to EMS Lieutenant on June 13, 1997. EMS and Fire consolidation occurred in October of 2005, and Rebecca was re-assigned to Advanced Life Support as a Paramedic 1, and continued in this capacity until her retirement. WHEREAS, Rebecca Sweeney has served this County and the Public with distinction and selflessness. During her twenty-one years of service, she was dedicated and her work was greatly appreciated by the employer, citizens and co-workers alike; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Rebecca Sweeney's efforts on behatf of the County, and the Board wishes to express their appreciation for the dedicated service she has given to Indian River County for the last twenty-one years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in all her future endeavors! t s Adopted this le day of March 2015. BOARD OF COUNTY COMMISSIONERS VER �,O INDIAN RIVER COUNTY, FLORIDA i Q * * Wesley S. Davis, Chairman 71-iis is to certify that VS6ecca Sweeney is hereby presented this WStirement Award for outstanding perforniance and faithfidservice to In�Cian 2iver County Board of County Commissioners For twenty-one years of service On this 4th day of 9KarcFi 2015 john Vng Director of Emergency Services `Wesley S. Davis. Board of County Commissioner, Chairman 1 COO INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES �7•UKIJ� Date: March 3, 2015 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Art Pfeffer, Project Manager kw � r Subject: Spoonbill Marsh Wetland — Eco Walking Tour DESCRIPTIONS AND CONDITIONS: The Department of Utility Services will open Spoonbill Marsh Wetland for the Eco Walking tour on Saturday, March 14th from 8:00 am to 2:00 pm. The entrance to the Marsh is located at 57th street off US 1—approximately % mile north of 53rd street. The public is invited to take a guided tour and learn about the interaction of the Marsh with the Lagoon. Guests can also take a leisurely stroll along the boardwalk and walk the grounds at their own pace. We encourage everyone to bring cameras, see the birds and watch the mullet jump. Bottled water will be provided, and a portable restroom facility will be available. APPROVED FOR AGENDA: By: / Jose h A. Baird, County Administrator For: Date Indian River Co. Approved Date Administration Legal Budget Utilities 3 ` Utilities -Finance �- C:\Users\aobertautsch\Desktop\Agenda - Eco Walking Tour Spoonbill Marsh.docx 3 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27h Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: February 26, 2015 SUBJECT: APPROVAL OF WARRANTS February 20, 2015 to February 26, 2015 CZ A &CO°"►r O� v AM 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 IL time period of February 20, 2015 to February 26, 2015. Attachment: DB: MS 4 CHECKS WRITTEN ID323110 CHECK NBR CK DATE 2/26/2015 VENDOR PAUL CARONE AMOUNT 3,725.00 323111 2/26/2015 PAUL JULIN 650.00 323112 2/26/2015 LINDSEY GARDENS LTD 309.00 323113 2/26/2015 CREATIVE CHOICE HOMES XVI LTD 440.00 323114 2/26/2015 PINNACLE GROVE LTD 1,405.00 323115 2/26/2015 VERO CLUB PARTNERS LTD 1,593.00 323116 2/26/2015 DAVID SPARKS 388.00 323117 2/26/2015 INDIAN RIVER INVESTMENT REALTY INC 481.00 323118 2/26/2015 THE PALMS AT VERO BEACH 454.00 323119 2/26/2015 ED SCHLITT LC 560.00 323120 2/26/2015 JOHN OLIVIERA 698.00 323121 2/26/2015 ARTHUR PRUETT 409.00 323122 2/26/2015 JOSEPH LOZADA 1,212.00 323123 2/26/2015 LUCY B HENDRICKS 573.00 323124 2/26/2015 HFB OF FLORIDA LLC 613.00 323125 2/26/2015 EARRING POINT PROPERTIES 469.00 323126 2/26/2015 ANDRE DORAWA 630.00 323127 2/26/2015 PAULA WHIDDON 553.00 323128 2/26/2015 COURTYARD VILLAS OF VERO LLC 560.00 323129 2/26/2015 JAMES W DAVIS 288.00 323130 2/26/2015 NITA EZELL 480.00 323131 2/26/2015 LINDSEY GARDENS II LTD 520.00 323132 2/26/2015 MISS INC OF THE TREASUE COAST 2,358.00 323133 2/26/2015 DANIEL CORY MARTIN 1,979.00 323134 2/26/2015 CRAIG LOPES 377.00 323135 2/26/2015 PAULA ROGERS & ASSOCIATES INC 650.00 323136 2/26/2015 FIVE STAR PROPERTY HOLDING LLC 797.00 323137 2/26/2015 WILLIAM LEE 1,264.00 323138 2/26/2015 MARK BAER 24,884.00 323139 2/26/2015 33 MILES EAST INVESTMENTS LLC 567.00 323140 2/26/2015 FRESH START HOUSING LLC 948.00 323141 2/26/2015 SABEL CHASE 478.00 323142 2/26/2015 ROBERTS J GORMAN 424.00 323143 2/26/2015 JUAN CHAVES 700.00 323144 2/26/2015 REID REALTY 478.00 323145 2/26/2015 THE COMMUNITY CHURCH OF VERO BEACH FLORIDI 464.00 323146 2/26/2015 MELISSA CAMARATA 581.00 323147 2/26/2015 FOUNDATION FOR AFFORDABLE RENTAL HOUSING 623.00 323148 2/26/2015 JOHNATHON KNOWLES 634.00 323149 2/26/2015 INDIANTOWN NON-PROFIT HOUSING INC 1,062.00 323150 2/26/2015 PORT CONSOLIDATED INC 1,728.36 323151 2/26/2015 JORDAN MOWER INC 106.29 323152 2/26/2015 VERO CHEMICAL DISTRIBUTORS INC 108.60 323153 2/26/2015 VELDE FORD INC 121.46 323154 2/26/2015 AT&T WIRELESS 866.12 323155 2/26/2015 DATA FLOW SYSTEMS INC 4,168.00 323156 2/26/2015 PARALEE COMPANY INC 2,757.50 323157 2/26/2015 DELTA SUPPLY CO 330.45 323158 2/26/2015 KELLY TRACTOR CO 415.78 323159 2/26/2015 GENES AUTO GLASS INC 260.00 323160 2/26/2015 REPUBLIC SERVICES OF FLORIDA 526,926.17 323161 2/26/2015 JACOBS GROUP INC 589.07 323162 2/26/2015 AMERIGAS EAGLE PROPANE LP 93.00 323163 2/26/2015 AMERIGAS EAGLE PROPANE LP 132.14 323164 2/26/2015 AMERIGAS EAGLE PROPANE LP 1,130.96 323165 2/26/2015 AMERIGAS EAGLE PROPANE LP 1,584.66 323166 2/26/2015 AMERIGAS EAGLE PROPANE LP 1,921.05 323167 2/26/2015 AMERIGAS EAGLE PROPANE LP 1,953.48 5 C 2 CHECK NBR CK DATE VENDOR AMOUNT 323168 2/26/2015 HACH CO 1,092.09 323169 2/26/2015 KSM ENGINEERING & TESTING INC 1,435.00 ® 323170 2/26/2015 HD SUPPLY WATERWORKS, LTD 21,256.92 323171 2/26/2015 PETES CONCRETE 3,200.00 323172 2/26/2015 ECOTECH CONSULTANTS INC 15,000.00 323173 2/26/2015 EGP INC 146.81 323174 2/26/2015 VERO INDUSTRIAL SUPPLY INC 607.80 323175 2/26/2015 EXPRESS REEL GRINDING INC 2,000.00 323176 2/26/2015 FLORIDA VETERINARY LEAGUE 425.19 323177 2/26/2015 CHILDCARE RESOURCES OF IRC INC 19,368.88 323178 2/26/2015 DELL MARKETING LP 1,539.42 323179 2/26/2015 GOLF SPECIALTIES INC 1,250.00 323180 2/26/2015 GENERAL PART INC 1,010.54 323181 2/26/2015 BAKER & TAYLOR INC 3,940.10 323182 2/26/2015 MIDWEST TAPE LLC 100.93 323183 2/26/2015 K & M ELECTRIC SUPPLY 106.47 323184 2/26/2015 MELODY MUSIC 299.99 323185 2/26/2015 PALM TRUCK CENTERS INC 173.72 323186 2/26/2015 GREENE INVESTMENT PARTNERSHIP LTD 3,306.25 323187 2/26/2015 CREATIVE CHOICE HOMES XVI LTD 500.00 323188 2/26/2015 PST SERVICES INC 28,546.47 323189 2/26/2015 PARKS AND SON INC 3,746.10 323190 2/26/2015 INDIAN RIVER COUNTY HEALTH DEPT 44,543.41 323191 2/26/2015 MEDICAL EXAMINERS OFFICE 24,888.58 323192 2/26/2015 VICTIM ASSISTANCE PROGRAM 5,568.58 323193 2/26/2015 ROGER J NICOSIA 1,500.00 323194 2/26/2015 CITY OF VERO BEACH 22,842.89 323195 2/26/2015 CITY OF VERO BEACH 2,052.23 323196 2/26/2015 CITY OF VERO BEACH 11,662.50 323197 2/26/2015 LANDIA INC 210.00 323198 2/26/2015 ILLINOIS STATE DISBURSEMENT UNIT 142.32 323199 2/26/2015 CHAPTER 13 TRUSTEE 478.38 323200 2/26/2015 UNITED WAY OF INDIAN RIVER COUNTY 716.94 323201 2/26/2015 INDIAN RIVER ALL FAB INC 694.07 323202 2/26/2015 NAN MCKAY AND ASSOCIATES INC 224.00 323203 2/26/2015 JANITORIAL DEPOT OF AMERICA INC 150.58 323204 2/26/2015 PERCONTI DATA SYSTEMS INC 5,000.00 323205 2/26/2015 ACUSHNET COMPANY 4,984.76 323206 2/26/2015 INTERNATIONAL GOLF MAINTENANCE INC 85,581.00 323207 2/26/2015 GEOSYNTEC CONSULTANTS INC 5,330.23 323208 2/26/2015 DON LAWLESS 60.00 323209 2/26/2015 UNITED BLOWER INC 313.00 323210 2/26/2015 CALLAWAY GOLF SALES COMPANY 1,705.26 323211 2/26/2015 SUBSTANCE AWARENESS COUNCIL OF IRC INC 440.00 323212 2/26/2015 FLORIDA POWER AND LIGHT 45,758.68 323213 2/26/2015 STATE ATTORNEY 8,115.24 323214 2/26/2015 HOLDEN KRISS 75.00 323215 2/26/2015 CATHOLIC CHARITIES DIOCESE OF PALM BCH 2,166.67 323216 2/26/2015 BLUE SHIELD FLORIDA FEDERAL 91.92 323217 2/26/2015 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 619.00 323218 2/26/2015 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 75.00 323219 2/26/2015 TREASURE COAST SPORTS COMMISSION INC 5,922.28 323220 2/26/2015 TRICARE 451.11 323221 2/26/2015 IRC HEALTHY START COALITION INC 416.66 323222 2/26/2015 CHANNING BETE CO INC 60.00 323223 2/26/2015 CENTRAL FLORIDA PRIMA 25.00 323224 2/26/2015 GERALD A YOUNG SR 90.00 ® 323225 2/26/2015 GREY HOUSE PUBLISHING 3,249.00 323226 2/26/2015 ALAN C KAUFFMANN 160.00 323227 2/26/2015 CIGNA 91.64 C 2 7 CHECK NBR CK DATE VENDOR AMOUNT 323228 2/26/2015 G K ENVIRONMENTAL INC 9,040.00 323229 2/26/2015 CHILDRENS HOME SOCIETY OF FL 2,000.00 323230 2/26/2015 BLUE CROSS BLUE SHIELD 2,259.97 323231 2/26/2015 AIRGAS CARBONIC INC 2,845.73 323232 2/26/2015 NABORS GIBLIN & NICKERSON PA 5,593.56 323233 2/26/2015 DONADIO AND ASSOCIATES ARCHITECTS 700.00 323234 2/26/2015 HAYTH,HAYTH & LANDAU 125.00 323235 2/26/2015 JAMES HARGREAVES 75.00 323236 2/26/2015 KIMBERLA ROBERTS 10.00 323237 2/26/2015 SIMMONS CONSTRUCTION & DEVELOPMENT INC 500.00 323238 2/26/2015 BOYLE & DRAKE INC 400.00 323239 2/26/2015 VAN WAL INC 100.00 323240 2/26/2015 MUTUAL OF OMAHA 16,273.08 323241 2/26/2015 JOSEPH W VASQUEZ 100.00 323242 2/26/2015 FLORIDA RURAL LEGAL SERVICES INC 2,333.07 323243 2/26/2015 ALAN HILL 465.01 323244 2/26/2015 JOHNS EASTERN COMPANY INC 6,885.65 323245 2/26/2015 NEXTEL SOUTH CORP 132.36 323246 2/26/2015 ADMIN FOR CHILD SUPPORT ENFORCEMENT 219.57 323247 2/26/2015 ADMIN FOR CHILD SUPPORT ENFORCEMENT 222.55 323248 2/26/2015 ADMIN FOR CHILD SUPPORT ENFORCEMENT 124.18 323249 2/26/2015 JOSE RIVERA 60.00 323250 2/26/2015 GLEN AND DOROTHY STRUNK 358.04 323251 2/26/2015 KEN CHATAM 100.00 323252 2/26/2015 KENNY CAMPBELL JR 60.00 323253 2/26/2015 QUEVEDO, PEDRO & ROCIO 94.36 323254 2/26/2015 PAK MAIL 50.62 323255 2/26/2015 ASENATH DA GRACA 192.23 323256 2/26/2015 HF GROUP LLC 1,949.43 323257 2/26/2015 JOHNNY B SMITH 140.00 323258 2/26/2015 CHARLES A WALKER 120.00 323259 2/26/2015 JACE CHANDLER & ASSOCIATES INC 390.00 323260 2/26/2015 INDIAN RIVER RDA LP 165.00 323261 2/26/2015 FRANKEL, BARRY & ROCHELLE 6.17 323262 2/26/2015 OSLO TRADE CENTER ASSN INC 2,000.00 323263 2/26/2015 TREASURE COAST FOOD BANK INC 197.01 323264 2/26/2015 NICOLACE MARKETING INC 455.76 323265 2/26/2015 SHAMEKA TAKEYLA SNIPES 192.24 323266 2/26/2015 DENI MALAVE 432.49 323267 2/26/2015 FLORIDA MEDICAID 136.00 323268 2/26/2015 CHRISTOPHER NEVILLE 108.06 323269 2/26/2015 INEOS NEW PLANET BIOENERGY LLC 31,923.68 323270 2/26/2015 WOERNER DEVELOPMENT INC 86.50 323271 2/26/2015 ANTHONY GIOVINAZZO 18.13 323272 2/26/2015 HERITAGE CRYSTAL CLEAN INC 27.50 323273 2/26/2015 SAFETY SCHELL CORPORATION 195.00 323274 2/26/2015 DELRAY MOTORS 131.38 323275 2/26/2015 JOSEPH CATALANO 60.00 323276 2/26/2015 RAYMOND J DUCHEMIN 140.00 323277 2/26/2015 GFA INTERNATIONAL INC 2,095.61 323278 2/26/2015 PAULA ROGERS & ASSOCIATES INC 500.00 323279 2/26/2015 FREEDOM HEALTH 449.46 323280 2/26/2015 MILLIKEN FORESTRY COMPANY INC 1,000.00 323281 2/26/2015 TIM ZORC 96.45 323282 2/26/2015 AMERICAN MESSAGING SERVICES LLC 7.17 323283 2/26/2015 LOWES HOME CENTERS INC 1,074.70 323284 2/26/2015 LABOR READY SOUTHEAST INC 6,383.52 323285 2/26/2015 ALEX MIKLO 40.00 323286 2/26/2015 BURNETT LIME CO INC 9,718.80 323287 2/26/2015 WALTER W. WILT 191.02 7 0 4 8 CHECK NBR CK DATE VENDOR AMOUNT 323288 2/26/2015 COURSE TRENDS INC 300.00 323289 2/26/2015 WADE WILSON 60.00 323290 2/26/2015 FAMILY SUPPORT REGISTRY 9.66 323291 2/26/2015 FLORIDA DESIGN DRILLING CORP 14,900.75 323292 2/26/2015 KESSLER CONSULTING INC 4,983.00 323293 2/26/2015 JEFF PASSARETTI 60.00 323294 2/26/2015 AXIS DATA SOLUTIONS INC 2,469.04 323295 2/26/2015 INTERCON SOLUTIONS INC 11,746.65 323296 2/26/2015 ANDREW D. FLEISHER, ESQ 150.00 323297 2/26/2015 INTEGRITY LAWNS LLC 1,750.00 323298 2/26/2015 VAL APTS LLC 500.00 323299 2/26/2015 SKECHERS USA INC 47.98 323300 2/26/2015 RONALD NICHELSON 40.00 323301 2/26/2015 MINDY RENNARD, ESQ. 319.82 323302 2/26/2015 GIVING KIDZ A CHANCE INC 833.33 323303 2/26/2015 FEDERAL CONTRACTS CORP 8,292.29 323304 2/26/2015 ODBS ENTERPRISES LLC 2,625.00 323305 2/26/2015 UTILITY COMPLIANCE INC 2,500.02 323306 2/26/2015 HAWKINS INC 894.00 323307 2/26/2015 MIECZYSLAW LOSIOWSKI 500.00 323308 2/26/2015 JUAN CAMILO 60.00 323309 2/26/2015 BRAD DAMIANI 3,912.55 323310 2/26/2015 BROCK RICHARDSON 300.00 323311 2/26/2015 PATRICIA S STRANDELL 396.98 323312 2/26/2015 RONALD E WILLIAMS JR 235.44 323313 2/26/2015 CENTENNIAL HOLDINGS- TREASURE COAST LLC 2,944.83 323314 2/26/2015 HEATHER NEVILLE 108.06 323315 2/26/2015 TREASURE COAST COMMUNITY HEALTH INC 14,517.59 323316 2/26/2015 SANDRA A JONES 110.80 O 323317 2/26/2015 ERIKA MANNING 354.05 323318 2/26/2015 KENNETH RANDOLFI 971.67 323319 2/26/2015 MAURICE NELSON 100.00 323320 2/26/2015 JENNIFER ODWYER 45.00 323321 2/26/2015 PRESTIGE HEALTH CHOICE 183.43 323322 2/26/2015 KATHLEEN SCHOWMEYER 95.65 323323 2/26/2015 CHERYL D TILLIS 614.00 323324 2/26/2015 DORIS DEROSIA 92.07 Grand Total: 1,186,754.42 0 4 8 ELECTRONIC PAYMENT - VISA CARD 9 TRANS. NBR DATE VENDOR AMOUNT ® 1005946 2/24/2015 EVERGLADES FARM EQUIPMENT CO INC 210.38 1005947 2/24/2015 CONTECH ENGINEERED SOLUTIONS LLC 855.21 1005948 2/24/2015 COPYCOINC 33.80 1005949 2/24/2015 SAFETY PRODUCTS INC 420.45 1005950 2/24/2015 DAVIDSON TITLES INC 1,326.13 1005951 2/24/2015 RELIABLE SEPTIC AND SERVICE 45.00 1005952 2/24/2015 ALLIED UNIVERSAL CORP 7,848.27 1005953 2/24/2015 THE EXPEDITER 122.78 1005954 2/24/2015 GROVE WELDERS INC 200.07 1005955 2/24/2015 SOUTHERN COMPUTER WAREHOUSE 185.43 1005956 2/24/2015 FERGUSON ENTERPRISES INC 15,825.88 1005957 2/24/2015 ROGER CLEVELAND GOLF INC 1,444.80 1005958 2/24/2015 DUNKELBERGER ENGINEERING & TESTING 2,535.00 1005959 2/24/2015 SHRIEVE CHEMICAL CO 6,003.62 1005960 2/24/2015 MIDWEST MOTOR SUPPLY CO 311.00 1005961 2/24/2015 SYNAGRO-WWT INC 32,075.81 1005962 2/24/2015 SOUTHERN JANITOR SUPPLY INC 185.57 1005963 2/24/2015 CAPITAL OFFICE PRODUCTS 363.10 1005964 2/24/2015 AUTO PARTNERS LLC 36.12 1005965 2/24/2015 S & S AUTO PARTS 537.25 1005966 2/24/2015 PACE ANALYTICAL SERVICES INC 102.00 1005967 2/24/2015 IMAGENET CONSULTING LLC 180.20 1005968 2/26/2015 ADRON FENCE COMPANY INC 1,806.00 1005969 2/26/2015 NORTH SOUTH SUPPLY INC 47.40 1005970 2/26/2015 UNIVERSAL SIGNS & ACCESSORIES 19,570.00 1005971 2/26/2015 SAFETY PRODUCTS INC 548.03 1005972 1005973 2/26/2015 2/26/2015 COLD AIR DISTRIBUTORS WAREHOUSE INDIAN RIVER BATTERY 289.89 1005974 2/26/2015 INDIAN RIVER OXYGEN INC 164.45 3,571.25 1005975 2/26/2015 MIKES GARAGE & WRECKER SERVICE INC 105.00 1005976 2/26/2015 TEAM EQUIPMENT INC 634.50 1005977 2/26/2015 MEEKS PLUMBING INC 560.50 1005978 2/26/2015 NEWMANS POWER SYSTEMS 309.15 1005979 2/26/2015 ARAMARK UNIFORM & CAREER APPAREL LLC 1,434.33 1005980 2/26/2015 FIRST HOSPITAL LABORATORIES INC 612.00 1005981 2/26/2015 COMO OIL COMPANY OF FLORIDA 69.14 1005982 2/26/2015 COMPLETE ELECTRIC INC 578.60 1005983 2/26/2015 SOUTHERN PLUMBING INC 40.00 1005984 2/26/2015 ECONOLITE CONTROL PRODUCTS INC 638.00 1005985 2/26/2015 RECHTIEN INTERNATIONAL TRUCKS 228.74 1005986 2/26/2015 SOUTHERN JANITOR SUPPLY INC 1,048.28 1005987 2/26/2015 CAPITAL OFFICE PRODUCTS 467.27 1005988 2/26/2015 METRO FIRE PROTECTION SERVICES INC 70.00 1005989 2/26/2015 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 694.56 1005990 2/26/2015 ENVIRONMENTAL CONSERVATION LABORATORIES IN 15,162.00 1005991 2/26/2015 S & S AUTO PARTS 658.22 Grand Total: 120,155.18 9 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE 3442 2/20/2015 3443 2/20/2015 3444 2/20/2015 3445 2/24/2015 3446 2/24/2015 3447 2/25/2015 Grand Total: Eop VENDOR CDM SMITH INC KIMLEY HORN & ASSOC INC I R C HEALTH INSURANCE - TRUST ARKAY ACQUISITION LLC INDIAN RIVER COUNTY SHERIFF INDIAN RIVER COUNTY PROPERTY APPRAISER AMOUNT 2,169.70 37,055.40 54,956.20 807,324.00 136,930.48 236,791.64 1,275,227.42 10 �w Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney Consent Agenda - B. C.C. 3.10.15 Ofce of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: February 27, 2015 ATTORNEY SUBJECT: Kota of Sarasota, Inc. v. Waste Management Inc. of Florida Class Action Lawsuit BACKGROUND. Between 2005 and 2008, the County donated $20,000 per year to World Changers' neighborhood clean-up and minor repair projects. The County had paid for supplies such as paint, portables and dumpsters. Recently, World Changers, through Diane Pickhardt, received several notices concerning a proposed class action settlement in a lawsuit titled Kota of Sarasota, Inc. v. Waste Management Inc. of Florida. This class action lawsuit was filed against Waste Management Inc. of Florida (WMF) alleging that WMF engaged in improper pricing of contracting practices. A settlement of that lawsuit has been reached. Parties that had written contracts with WMF between June 1, 2008 and December 31, 2013 may be entitled to compensation. Under the proposed settlement, WMF will establish a settlement fund of $2,750,000, with each class member being entitled to participate in a monetary recovery from the settlement fund without establishing any injury or harm. Each class member will receive a payment from the settlement fund for each location where it received service from WMF. Each class member will receive the same payment amount multiplied by the number of locations where it received service. The settlement notice was sent to World Changers, attention Diane Pickhardt, as Ms. Pickhardt was the County's contact person with World Changers. The Indian River County Board of County Commissioners ("Board") has three options. The first is to participate in the settlement and receive a payment, if entitled, and if the settlement is approved by the circuit court. The second alternative is to vote to be excluded from the settlement. In order to be excluded, a party must submit notice by March 30, 2015. Finally, the Board could vote to object to the settlement. The objection would need'to be filed by March 30, 2015. In order to receive any benefit under the settlement, a party must release any claims that it may have against WMF with respect to this lawsuit. Approved for March 10, 2015 BCC Meeting (W Consent Agenda COUNTY ATTORNEY Indian River Co. Approved Date Admin. ;3 Co. Atty. Budget Department its7 Risk Management - --- F:U11orny1b.;GENERAL',BCCAV.&Memoa'.W-idCMegmN'wr,Al—g,n Cl-,Aaw.L—W,d« 11 cW C Board of County Commissioners February 27, 2015 Page Avo FUNDING. There is no funding associated with this item if the Board decides to accept the settlement. RECOMMENDATION. The County Attorney's Office recommends that the Board of County Commissioners vote to participate in the settlement, if eligible. ATTACHMENT(S). Notice of Proposed Class Action Settlement F.'AI—Y Lind, C,ENFAU B C C Ag<ndo dfnnor N'orldCMngrn H'mrc Alonagnneiv Clmr.4ction Lawrnlcdoc 12 IL 41W WMF Settlement Administrator P.O. Box 4178 Portland, OR 97208-4178 PRESORTED FIRST-CLASS MAIL AUTO U.S. POSTAGE PAID PORTLAND, OR PERMIT NO. 2882 Legal Notice about a Class Action Settlement. SII III �I �I I I III NI 1 IIIN INI II II IN �I 847903253908 WORLD CHANGERS DIANE PICKHARDT ATTN DIANE PICKHARD 1801 27TH ST VERO BEACH, FL 32960-3388 II"Illrrrrlrllrrllllrlrllrrllrll'I���I��'Illll�l'�1�1111'I'�'�II 34 8716 Lf,QaAt Nuntx I WA N<.7 a In the Circuit Court of the Twelfth Judicial Circuit in and For Sarasota County, Florida Kota of Sarasota, htc. v. Waste Managentettt Inc. of Florida NOTICE OF PROPOSED CLASS ACTION SETTLEMENT YOUR LEGAL RIGHTS MIGHT BE AFFECTED BY THIS SETTLEMENT PLEASE READ CAREFULLY If you entered into a written contract with Waste Management Inc. of Floridaorits affiliates (collectively `WMF') for commercial waste and/or recycling services in the State of Florida, you may be entitled to participate in a Class Action Settlement and receive payment. The class action lawsuit was filed against WMF alleging that it had engaged in improper pricing or contracting practices, including but not limited to, the ntetliods of establishing prices for fuel fees and environmental charges for its commercial customers. A settlement of this lawsuit has been reached. Under Ilii' pnyxrsed sellleme.nt, you may be. entiUia to payment if you entered into a written contract with WMF and received sorvices between June 1, 2008 and December 31, 2013. Excluded from the class are. individual residential ct d f h d If you are a member of the Settlement Class, you do not need to take any action to protect your right to participate in the Settlement or to receive payment if the Class Action Settlement is approved by the Court. If you remain in the Settlement Class, you will release any claims you may have against WMF. If you wish to exclude yourself from the settlement, you must provide notice by March 30, 2015. In order to complete your exclusion request online at the case website below, please use the following PIN: 82555. To object to the settlement you must file a written objection by March 30, 2015, and you may (but are not required to) appear through counsel if you wish to do so. Under the proposed settlement, Class Counsel will be seeking an award of attorneys' fees, reimbursement of litigation expenses and an incentive award to the Class Representative. — ornersanrant Ise custonters(t.e.customersthat are directly subject to a franchise agreement or other Youcan learn more about the caseand the Settlement, exclusive waste collection relationship that WMF may including the procedures to exclude yourself front have with a local municipality or goverment entity the Class Action Settlement or to object thereto, at that governs WMF's contractual pricing relationship www.WMI-Settlement.comorbycalling the settlement with the customer). administrator at (877) 483-2829. 13 ® INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird; County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, V; Community Development Director THROUGH: Phil Matson, AICP; MPO Staff Directo��n FROM: Brian Freeman, AICP; Senior Transportation Planner 0 P DATE: February 27, 2015 SUBJECT: Request for Authorization to Submit an Application for 49 USC CH. 53, Section 5311 Transit Operating Assistance Funds for FY 2015/16 f6r, It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 10, 2015. DESCRIPTION & CONDITIONS For the past several years, the County has applied for and received transit operating assistance under 49 USC Ch. 53, Section 5311 (also known as the Formula Grants for Rural Areas program) through the Florida Department of Transportation (FDOT). These grant funds have been passed through to the Senior Resource Association (SRA), Indian River County's designated transit service provider. According to federal regulations, Formula Grants for Rural Areas (Section 5311) funds may be used to provide transit service to rural or small urban areas. Such transit service includes fixed route service (GoLine Route #10) and demand -response service (Community Coach), both of which are operated by the Senior Resource Association (SRA). For FY 2015/16, $65,214 in Section 5311 funds is allocated to the county. In this case, the grant has a 50% nonfederal match requirement for operating assistance. Matching funds will consist of $32,607 from the state Public Transportation Block Grant and $32,607 from the County's normal transit allocation. No additional local funds are necessary. While Section 5311 funds are federal grant funds, FDOT administers the Section 5311 program within the state of Florida. To apply for Section 5311 funds, the Board of County Commissioners FACommunity Development\Users\MPO\Transit\Grants\531 1\1516\bcc staff report application.doca 1 14 must adopt the attached resolution (Attachment #1), authorizing staff to submit the attached grant application to FDOT. A copy of the grant application is attached to this staff report (Attachment #2). ANALYSIS For FY 2015/16, the SRA has requested that the County apply for federal Section 5311 funds on the SRA's behalf so that the SRA can provide for the continuation and expansion of its GoLine/Community Coach fixed route and demand response services in rural areas of Indian River County. The provision of such service is consistent with the findings of the MPO's adopted 10 -year Transit Development Plan and 2035 Long Range Transportation Plan. The County receives most of its transit funding through the federal Section 5307 (Urban Area) grant program. Because a portion of Indian River County is designated as rural, the County is also eligible to receive transit funding through the Section 5311 (Rural Areas) grant program. As indicated in the attached grant application, the total proposed budget amount is $130,428. Of that amount, the federal portion is $65,214. The match will consist of $32,607 in state Public Transportation Block Grant funds and $32,607 in local funds. In this case, the County's contribution consists of previously approved general fund monies budgeted specifically for this purpose. FUNDING Funding in the amount of $32,607 is budgeted and available in the General Fund / Community Transportation Coordinator account. Funding for this expenditure is part of the allocation given to (W the Senior Resource Association to provide transit service in the county. RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the attached resolution authorizing the filing of the attached FY 2015/16 Section 5311 grant application. ATTACHMENTS 1. Authorizing Resolution for the Submission of a Section 5311 (Formula Grants for Rural Areas) application for FY 2015/16 2. Section 5311 Grant Application for FY 2015/16 3. Grant Budget Form APPROVED AGENDA ITEM: FOR: `1► c, w BY: Indian River Co, Approved Date Admin. 3 Lj 5 Legal Budget 3 Dept. Risk Mgr. F:\Community Development\Users\MPO\Transit\Grants\5311\1516\bcc staff report application.docx 2 15 RESOLUTION NO. 2015 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING THE SUBMISSION OF A FY 2015/16 GRANT APPLICATION FOR 49 USC CH. 53, SECTION 5311 PUBLIC TRANSIT OPERATING ASSISTANCE. WHEREAS, Indian River County has the authority to apply for and accept grants and make purchases and/or expend funds pursuant to grant awards made by the Florida Department of Transportation as authorized by Chapter 341, Florida Statutes and/or Moving Ahead for Progress in the 21 st Century (MAP -21) Act of 2012; and WHEREAS, Indian River County, as the designated recipient of federal and state public transportation funding, must be the recipient of those funds on behalf of the Indian River County — Senior Resource Association; and WHEREAS, Indian River County is eligible to receive Formula Grants for Rural Areas funding under Section 341.052(1), Florida Statutes, and under 49 USC Ch. 53, Section 5311 and 49 USC 1614; and WHEREAS, the Florida Department of Transportation provides Formula Grants for Rural Areas funds to Indian River County to assist in the continuance and expansion of local public transportation services. NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS: 1. That the Community Development Director is authorized to file applications on behalf of Indian River County with the Florida Department of Transportation for public transit operating assistance as specified in the County's FY 2015/16 grant application under 49 USC Chapter 53, Section 5311. 2. That the Community Development Director is authorized to furnish such additional information as the Florida Department of Transportation may require in connection with the County's Section 5311 grant application. THIS RESOLUTION was moved for adoption by , and the motion was seconded by , and, upon being put to a vote, the vote was as follows: Chairman Wesley S. Davis Vice -Chairman Bob Solari Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Tim Zorc F:\Community Development\Users\MPO\Transit\Grants\5311\1516\application resolution.doca Page 1 of 2 Ai EN" T 1 16 RESOLUTION NO. 2015 - The Chairperson thereupon declared the resolution duly passed and adopted this 10th day of March , 2015. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA IM Wesley S. Davis, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgments, personally appeared Wesley S. Davis, as Chairman of the Board of County Commissioners, and , as Deputy Clerk, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 10th day of March , 2015. Notary Public APPROVED AS TO LEGAL SUFFICIENCY SEAL: BY: �,.. DylanR Ingo , County Attorney APPROVED AS TO COMMUNITY DEVELOPMENT MATTERS BY: J Stan Boling, AWP, Director Community Development Department FACommunity Development\Users\MPO\Transit\Grants\5311\1516\application resolution.docx Page 2 of 2 17 OMB Number: 4040-0004 Expiration Date: 8/31/2016 Application for Federal Assistance SF -424 * 1. Type of Submission: ❑ Preapplication ® Application ❑ Changed/Corrected Application ` 2. Type of Application: ` If Revision, select appropriate letter(s): ® New ❑ Continuation • Other (Specify): Revision ` 3. Date Received: 4. Applicant Identifier: 03/15/2015 5a. Federal Entity Identifier: 5b. Federal Award Identifier: State Use Only: 6. Date Received by State: E== 7. State Application Identifier: 8. APPLICANT INFORMATION: 'a. Legal Name: Indian River County ` b. Employer/Taxpayer Identification Number (EIN/TIN): ` c. Organizational DUNS: �- 1 59-6000674 d. Address: ' Street1: 1801 27th Street Street2: ' City: Vero Beach County/Parish: Indian River `State: FL: Florida Province: *Country: USA: UNITED STATES ` Zip / Postal Code: e. Organizational Unit: Department Name: Division Name: Metropolitan Planning Org. Community Development Dept. f. Name and contact information of person to be contacted on matters involving this application: Prefix: * First Name: Middle Name: Brian * Last Name: Freeman Suffix: Title: Senior Planner Organizational Affiliation: • Telephone Number: 1772-226-1990 Fax Number: `Email: bfreeman@ircgov.com ATTACKINIENT 2 18 c c Application for Federal Assistance SF -424 . 9. Type of Applicant 1: Select Applicant Type: B: County Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: ` Other (specify): . 10. Name of Federal Agency: Federal Transit Administration 11. Catalog of Federal Domestic Assistance Number: 20-509 CFDA Title: Section 5311 ' 12. Funding Opportunity Number: NA " Title: Formula Grants for Rural Areas 13. Competition Identification Number: Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): Add -Attachment C3eiete f�ttachmert View Attat•hrnent` 15. Descriptive Title of Applicant's Project: Public Transportation Service in Rural Areas of Indian River County Attach supporting documents as specified in agency instructions. Add Attachments C? !etre f+ttachnVie%v Atta.hmenis 19 Application for Federal Assistance SF -424 16. Congressional Districts Of: ' a. Applicant FL -8 ' b. Program/Project FL -8 Attach an additional list of Program/Project Congressional Districts if needed. Add Attachment Delete Attach -lent Vicev Attachrner•,i 17. Proposed Project: ' a. Start Date: 01/01/2016 `b. End Date: 12/31/2016 18. Estimated Funding (a): ' a. Federal 65,214-001 ' b. Applicant " c. State ` d. Loca I 65,214.001 ` e. Other ' f. Program Income "g. TOTAL 130,428.00 * 19. Is Application Subject to Review By State Under Executive Order 12372 Process? 1-1 a. This application was made available to the State under the Executive Order 12372 Process for review on b. Program is subject to E.O. 12372 but has not been selected by the State for review. ® c. Program is not covered by E.O.12372. * 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes," provide explanation in attachment.) ❑ Yes ® No If "Yes", provide explanation and attach Add Attachment Delete Attechfr:ert' View'A"tachment 21. `By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances" and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) ® " I AGREE " The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix: ' First Name: Stan Middle Name: ` Last Name: soling Suffix: `Title: Community Development Director .Telephone Number: F772-226-1253 Fax Number: 'Email: sboling@ircgov.com ' Signature of Authorized Representative: ` Date Signed: C� 20 1� H EXHIBIT A-1 FACT SHEET The data below is for GoLine Route #10 (fixed route), which serves the rural Fellsmere community. At the North County Transit Hub, Route #10 passengers are able to connect with three other GoLine routes, which provide service to destinations in the communities of Sebastian and Vero Beach. 0 Estimates are acceptable. 21 CURRENTLY IF GRANT IS AWARDED 1. Number of one-way passenger trips. 91,000 91,000 PER YEAR 2. Number of individuals served NA NA unduplicated (fust ride per rider per fiscal year). PER YEAR 3. Number of vehicles used for this 1 1 service. ACTUAL 4. Number of ambulatory seats. 24 24 AVERAGE PER VEHICLE (Total ambulatory seats divided by total number of fleet vehicles 5. Number of wheelchair positions. 2 2 AVERAGE PER VEHICLE (Total wheelchair positions divided by total number of fleet vehicles 6. Vehicle Miles traveled. 70,000 70,000 PER YEAR 7. Average vehicle miles 269 (weekdays) 269 (weekdays) PER DAY 124 (Saturdays) 124 (Saturdays) 8. Normal vehicle hours in operation. 13 (weekdays) 13 (weekdays) PER DAY 6 (Saturdays) 6 (Saturdays) 9. Normal number of days in operation. 6 6 PER WEEK 10. Trip length (roundtrip). 11.2 miles 11.2 miles AVERAGE 0 Estimates are acceptable. 21 PART B APPLIES TO ALL APPLICANTS FOR OPERATING ASSISTANCE FORM B-1 Transportation -related Operating and Administrative Expenses Name of Applicant: Indian River County Fiscal period from July 1, 2015 to June 30, 2016 Expense Category Total Expense FTA Eligible Expense Labor (501) 1,729,678 $ 69,168 Fringe and Benefits (502) 414,936 $ 16,593 Services (503) 108,898 $ 4,355 Materials and Supplies (504) 648,349 $ 25,927 Vehicle Maintenance (504.01) 240,000 $ 9,597 Utilities (505) 44,179 $ 1,767 Insurance (506) 286,770 $ - License and Taxes (507) 656 $ 26 irchased Transit Service (508) 5,000 $ - ' iscellaneous (509) 65,128 $ 2,604 Leases and Rentals (512) 91794 $ 392 Depreciation (513) $ - Total Expenses 3,553,388 130,428 (a) Section 5311 Grant Request Total FTA Eligible Expenses (from Form B-1, above) Rural Passenger Fares (from Form B-2) Operating Deficit Eligible Expenses (a) minus Rural Passenger Fares (b)] Section 5311 Request more then 50% of Operating Deficit) ILI $ 130,428 (a) (b) [FTA $ 130,428 (c) (No $ 65,214 (d) Grand Total Revenues (from Form B-2) $ 65,214 (e) Note: If Grand Total Revenues (e) exceeds FTA Eligible Expenses (a), reduce Section 5311 request (d) by that Amount. 22 APPLIES TO ALL APPLICANTS FOR OPERATING ASSISTANCE FORM B-2 Transportation -related Operating and Administrative Revenues Name of Applicant: Indian River County Fiscal period from July 1, 2015 to June 30, 2016 Operating Revenue Category Total Revenue Revenue Used As FTA Match Passenger Fares For Transit Services (401) Total = Rural = (b) Special Transit Fares (402) - - School Bus Service Revenues (403) - - Freight tariffs (404) - - Charter Service Revenues (405) - - Auxiliary Transportation Revenues (406) Non -Transportation Revenues (407) - - 11110 Total Operating Revenue $ - $ - Other Revenue Category Taxes Levied Directly by Transit System (408) - Local Cash Grants and Reimbursements (409) 621,301 32,607.00 Local Special Fare Assistance (410) - State Cash Grants and Reimbursements (411) 1,197,722 32,607.00 State Special Fare Assistance (412) - Federal Cash Grants and Reimbursements (413) 1,681,965 Interest Income (414) - Contributed Services (430) - Contributed Cash (431) - Subsidy from Other Sectors of Operations (440) 52,400 Total of Other Revenue $ 3,553,388 $ 65,214 Grand Total All Revenue $ 3,553,388 $ 65,214 (e) 23 C k GRANT NAME: 49 USC Ch. 53 Section 5311 (Formula Grants for Rural Areas) GRANT #: ARO46 AMOUNT OF GRANT: $65,214 DEPARTMENT RECEIVING GRANT: Community Development (pass through to Senior Resource Association) CONTACT PERSON: Brian Freeman PHONE #: (772)226-1990 1. How long is the grant for? Twelve Months Starting Date: January 1, 2016 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? X Yes No If yes, does the grant allow the match to be In Kind Services? Yes No 4. Percentage of grant to match: 50 % Worker's Compensation 012.17 5. Grant match amount required: $ 32,607 $ TOTAL 6. Where are the matching funds coming from (i.e. In Kind Services, Reserve for Contingency? Fourth Year Match consists of $32.607 in County funds already budgeted for public transportation and $32,607 in FDOT grant funds $ $ $ 7. Does the grant cover capital costs or start-up costs? Yes X No If no, how much do you think will be needed in capital costs or start-up costs? $ (Attach a detailed listing of costs.) 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes, please list. (If additional space is needed, please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement Contributions 012.13 Life and Health Insurance 012.14 Worker's Compensation 012.17 Soc. Sec. Medicare Matching $ TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel, and operating? Salaries and Benefits Operating Costs Capital Total Costs i i i i 10. What is the estimated cost of the grant to the County over five years? $32,607 3 Z- is - i� 1AUjfl�r��i� Signature of Preparers Date: 24 Grant Amount Other Matching Costs Match Total First Year $65.214 $ $32,607 in local funds & $32,607 in FDOT grants $130,428 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ 3 Z- is - i� 1AUjfl�r��i� Signature of Preparers Date: 24 �w P40M INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird; County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, ACP- Community Development Director THROUGH: John W. McCoy, AICP; Chief, Current Development FROM: Ryan Sweeney; Senior Planner, Current Development oV DATE: February 27, 2015 SUBJECT: GH Vero Beach Development LLC's Request to Re -plat a Portion of The Falls at Grand Harbor, Plat 29 to be known as Grand Harbor Plat 31 [2001110069- 73438 / PD- 14-01-011 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 10, 2015. DESCRIPTION & CONDITIONS: Grand Harbor Plat 31 is a re -plat of a portion of The Falls at Grand Harbor, Plat 29. Located between Indian River Blvd and U.S. Highway 1, north of 47th Street, the proposed re -plat includes lots 37 through 63B. On February 13, 2014, the Planning and Zoning Commission approved the preliminary PD plan/plat for Grand Harbor Plat 31. Once adopted and recorded, Grand Harbor Plat 31 will adjust certain lot lines and increase the total number of single-family lots by 1 (from 27 to 28 single-family lots). The final plat conforms to the approved preliminary PD plan/plat for The Falls at Grand Harbor. The applicant obtained all necessary construction permits for the re -plat work, completed construction of required subdivision improvements, and has now submitted a final plat in conformance with the approved preliminary PD plan/plat. The Board of County Commissioners is now to consider granting final plat approval for Grand Harbor Plat 31. ANALYSIS: All of the required improvements for Grand Harbor Plat 31 have been completed and inspected. A certificate of completion was issued by Public Works on January 27, 2015. All improvements (stormwater tracts, landscape easements, roadways) will be private, with the exception of certain utility facilities, which have been dedicated to and guaranteed to Indian River County as required by the Utility Services Department. All requirements of final plat approval have been satisfied. FACommunity Development\CurDev\Final Plats\BCC staff reports\2015\GrandHarborPlat3 Ldocx 1 25 RECOMMENDATION: Based on the above analysis, staff recommends that the Board of County Commissioners grant final plat approval for Grand Harbor Plat 31. ATTACHMENTS: 1. Application 2. Location Map 3. Final Plat Layout APPROVED AGENDA ITEM: &U _ .A W0111•I.� Indian River Co, Appproved Date Admin. 3 5 l5 Legal -3.-( Budget 4 Dept. is Risk Mgr. FACommunity Development\CurDev\Final Plats\BCC staff reports\2015\GrandHarborPlat3l .docx 26 INDIAN RIVER COUNTY PLANNED DEVELOPMENT APPLICATION Please indicate the type of application being submitted: Conceptual PD Special Exception: Concurrent Conceptual PD Special Exception & Preliminary PD: Preliminary Planned Development: Final Planned Development: Note: For a PD rezoning please use the appropriate rezoning application. X PROJECT NAME: Grand Harbor Plat 31 Plan Number: PD- 14-01-01 Project #: 2001110069 7_� q:3 PROPERTY OWNER: (PLEASE PRINT) GH Vero Beach Development, LLC NAME 4755 South Harbor Drive ADDRESS _Vero Beach, Florida 32967 CITY, STATE, ZIP (772) 794-7827 PHONE NUMBER ccleary@bayswaterbrokeragefl.com EMAIL ADDRESS Christopher J. Cleary CONTACT PERSON PROJECT ENGINEER: (PLEASE PRINT) Masteller & Moler, Inc._ NAME 1655 27th Street, Suite #2 ADDRESS Vero Beach, Florida 32960 CITY, STATE, ZIP (772) 567-5300 PHONE NUMBER semoler@bells_outh.net EMAIL ADDRESS Stephen E. Moler CONTACT PERSON APPLICANT (PLEASE PRINT) Masteller, Moler & Taylor, Inc. NAME 1655 27th Street, Suite #2 ADDRESS Vero Beach, Florida 32960 CITY, STATE, ZIP (772) 564-8050 PHONE NUMBER dt5243@bellsouth.net EMAIL ADDRESS David M. Tavlor CONTACT PERSON AGENT (PLEASE PRINT) Masteller, Moler & Tavlor, Inc. NAME 1655 27th Street, Suite #2 ADDRESS Vero Beach, Florida 32960 CITY, STATE, ZIP (772) 564-8050 PHONE NUMBER dt5243@bellsouth.net EMAIL ADDRESS David M. Taylor, PSM, CFM CONTACT PERSON SIGNATiM OF OWNER OR AGENT R\Community Developmait\Users\CurDev\Applications\PDAPP.doc RaviPage 1 of 3 ATTACHMENT January 2011 27 TAX PARCEL ID #(s) OF SUBJECT PROPERTY: Lots 37-63: 32392300026000000037.0 thru 32392300026000000037.0 Part of Tract G: 32392300026000000000.2 PROPERTY CLASSIFICATION(S): Land Use Desienation Zgllj D� istrict Acreage M-1 RM -8 (PD) 12.95 TOTAL PROJECT ACREAGE: 12.95 EXISTING SITEUSE(S): Multi -family & single-family residential PROPOSED SITE USE(S) AND INTENSITY (e.g. # of units, square feet by use): Replat of existing lots 37 through 63 to convert 13 single-family lots (4' side yard setbacks) and 14 duplex lots (01/4' side yard setbacks) to 28 single-family lots with 0'/10' side yard setbacks. Lots range 7,690-13,910 sf ** PLEASE COMPLETE THE SUBMITTAL CHECKLIST ** The following items must be attached to the application: X If the applicant is other than the owner(s), a sworn statement of authorization from the owner, on file Two deeds and a verified statement naming every individual having legal or equitable ownership in the property; If owned by a corporation, provide the names and address of each stockholder owning more than 10% of the value of outstanding corporation shares; on f i l e Two copies of the owner's recorded warranty deed; X A check, money order or cash made payable to "Indian River County": Planned Development Request - Conceptual PD Special Exception less than 20 acres $ 2075.00 2040 acres 2475.00 over 40 acres 2575.00 +100.00 for each additional 25 acres over 40 acres Preliminary PD Plan less than 20 acres $ 1150.00 20-40 acres 1250.00 over 40 acres 1300.00 +50.00 for each additional 25 acres over 40 acres Final PD Plans $ 1400.00 For concurrent application fees combine the appropriate fees and subtract $400.00. 28 F:\Convnunity Development\Users\CurDev\Applications\PDAPP.doe Rev January 2011 Page 2 of 3 ATTACHMENT X Ten sets of complete Conceptual, Preliminary or Final PD (final plat plans must be signed and sealed by surveyor). Plans as per Chapter 915, pursuant to the type of approval being requested. N/A Any requirements of the zoning or subdivision ordinance which the applicant is requesting to be waived (such as miniznum lot width and size, street frontage requirements, setbacks, etc.), shall be clearly indicated by section and paragraph numbers, together with the rationale for the waiver request(s), on an attached sheet, N/A 2 Aerials for conceptual or preliminary PDs N/A itemized response to pre -application for conceptual or concurrent applications X 2 sealed surveys N/A 3 sets of floor plans and elevation for commercial or multi -family buildings on file Written Statement and Photograph of Posted Sign For Final Plat's only CONSTRUCTION COMPLETE - BUILT OUT: (A) Certificate of Completion from Public Works or copy of letter to Public Works and Utilities requiring inspection of improvements CIF IMPROVEMENTS ARE DEDICATED TO THE PUBLIC: N (B) Original Engineer's Certified Cost for Improvements (Signed and Sealed) OR X CONSTRUCTION INCOMPLETE - BONDING OUT: (A) Original Engineer's Certified Cost Estimate for Improvements (Signed and Sealed) Engineer's statement that certificate of completion will be obtained prior to approval X COPIES OF DOCUMENTS TO BE RECORDED WFFH THE FP4AL FLAT! previously recorded with The Falls at Grand Harbor Plat 29 a. Covenants, Deed Restrictions, Bylaws, etc. or Statement There Are None (ORB 1922, Pg. 2473 ) b. Property Owner's Association Articles of Incorporation or Statement Indicating Why Recording of POA is Not Required (ORB 1922, Pg. 2560) 29 FACommunity Development\Users\CurDev\Applications\PDAPP.doc Revised Janu1201 I Page 3 of 3 ATTACHMENT IL ME c. 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'•na '� 0 1 ro sn '� sz ,00 or, xzro,snovs e � n .o<sc, m,lro.saoos g> � R s y s 8 ;lo rtl^o.veronl �bi� � � n 53larn N✓n 3l rnitlSv 1 E I J b/ d• g h [ n 3nN3M1r S n o sNn Nou�3s tivtlrro � � I � " � I p — e ,`�j� ��m�t oZit I L I m b I n a 1 tiiciF �0 yt ]p y O 'k>fr,5 � vs�_ ATTACHMENT 3 1 ur5�o '2$O �p I o wh 4� Ckp 222hL" ppO g^c � hF ?yhW�� eu¢ 32 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM ge TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director Christopher J. Kafer, Jr., P.E., County Engineer FROM: Michael D. Nixon, P.E., Roadway Production Manager 141 SUBJECT: Work Order No. 1 with Ardaman and Associates, Inc. for Professional Geotechnical Services for 43`d Avenue and SR 60 Intersection Improvements (18th Street to 26th Street) IRC Project No. 0853 DATE: February 20, 2015 DESCRIPTION AND CONDITIONS On September 23, 2014, the Board of County Commissioners approved an annual agreement for Professional Geotechnical Services, with Ardaman and Associates, Inc. for various geotechnical services for Indian River County. The purpose of Work Order No. 1 is to provide contamination assessment services for the right- of-way acquisition and construction of 4311 Avenue and SR 60 Intersection Improvements. The Florida Department of Transportation (FDOT) is purchasing the necessary right-of-way to improve the intersection of 43rd Avenue and SR 60 and requires a contamination assessment report to finalize the right-of-way acquisition prior to construction. Ardaman and Associates, Inc. performed a Preliminary Contamination Assessment, Level II, identifying various contaminated sites within the project area. The FDOT is now requiring a Level III Contamination Assessment. This will include 40 monitoring wells to be installed outside of the right-of-way. The report will include the results of the findings relative to any identified soil and ground water contamination that may present limitations, require special monitoring, or special treatment during construction. Ardaman and Associates, Inc. has submitted a proposal outlined in the attached Work Order No. 1 and Proposal for a Level III Contamination Assessment Services (Exhibit A) for a not -to - exceed amount of $59,000.00. Services will be performed on an as needed basis and payment will be in accordance with the fee schedule attached as part of Exhibit A. W, F \Public Works\ENGINEERING DIVISION PROJECTS\0853-43rd AVE 18th ST to 261h ST (Arcadis)\Admim\agenda items\BCC Agenda ARDAMAN, WO 1, 3.10-15.doc Page 2 43rd Avenue and SR 60 Intersection Improvements — (18th Street to 26th Street) Michael D. Nixon, P.E., Roadway Production Manager • For March 10, 2015 BCC Meeting L" FUNDING Funding is budgeted and available from Optional Sales Tax, Right of Way, Account Number 31521441-066120-06041— 43rd Avenue, 18th Street to 26th Street. RECOMMENDATION Staff recommends approval of Work Order No. 1 to Ardaman and Associates, Inc. authorizing the above-mentioned professional services as outlined in the attached Proposal for Level III Contamination Assessment Services (Exhibit A) and requests the Board to authorize the Chairman to execute the attached Work Order No. 1 on their behalf for a not -to -exceed amount of $59,000.00 ATTACHMENTS 1. Work Order No. 1 with Ardaman and Associates, Inc. 2. Exhibit A— Proposal for Level III Contamination Assessment DISTRIBUTION 1. Dan J. Zrallack, P.E., Ardaman and Associates, Inc. APPROVED AGENDA ITEM FOR March 10, 2015 BYCit' Indian River County Approv Date Administration Budget Legal Public Works Engineering ,2 /,j l F Tublic Works\ENGINEERING DIVISION PROJECTS\085343rd AVE 18th ST to 26th ST (Arcadis)\Admim�agenda ittms\BCC Agenda ARDAMAN, WO 1, 3.10-I5. doc 34 Board of County Commissioners 1801 27th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: (772)-778-9391 Field and Laboratory Quality Control (QC) for 43rd Avenue and SR 60 Intersection Improvements, (18th Street to 26th Street) IRC Project No. 0853 WORK ORDER NO. 1(Engineering Division) FOR FOR PROFESSIONAL GEOTECHNICAL SERVICES AGREEMENT FOR ANNUAL GEOTECHNICAL SERVICES CONTRACT RFQ No. 2014007 WITH ARDAMAN AND ASSOCIATES, INC. All services performed under this contract shall be supervised and certified by a licensed Professional Engineer (PE) registered with the State of Florida and staff employed directly with your firm. Scope of Services All work shall be performed on a unit price or hourly basis in accordance with the attached Proposal for Level III Contamination Assessment Services (Exhibit A) dated November 25, 2014 and shall comply with Standards enumerated in the ANNUAL GEOTECHNICAL SERVICES CONTRACT RFQ 2014007 WITH ARDAMAN AND ASSOCIATES, INC. Effective Renewal Date: September 23, 2014. Minimum Specification Requirements as follows: Soil Sampling Soil Screening and Testing Groundwater Sampling and Testing Laboratory testing Contamination Assessment Report All work shall also comply with the current Florida Minimum Technical Standards. CPUsersDan.Zrallack`AppData.Local Microsoft`Windows�Temporarylntemet Fild Content.Outlook,HHGWG714'agenda Wo# 1 ARDAMAN 3-10- 201 i.doc 35 WO #2 43rd Avenue and SR 60 Intersection Improvements, (18th Street to 26th Street) IRC Project No. 0853 COMPENSATION. The COUNTY agrees to pay, and the Geotechnical Professional agrees to accept, a fee for services rendered according to the "Scope of Services" identified in the attached EXHIBIT "A" Proposal for Level III Contamination Assessment Services. A Not -to -Exceed Amount of: $59,000.00 to be paid on a unit price or hourly basis for actual work performed in accordance with the schedule of services and fees set forth in Exhibit A of RENEWAL OF THE ANNUAL GEOTECHNICAL SERVICES CONTRACT RFQ 2014007 WITH ARDAMAN AND ASSOCIATES, INC. Effective Date: September 23, 2014. TIME FOR COMPLETION This Work Order No.1 will run approximately 3 -months from Notice to Proceed. IN WITNESS HEREOF the parties hereto have executed these presents this day of 2015. OWNER BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Wesley S. Davis, Chairman Approved by BCC ATTEST: Jeffrey R. Smith, Clerk of Court & Comptroller Deputy Clerk Approved as to Form and Legal Sufficiency: Dylan Reingold, County Attorney ARDAMAN & ASSOCIATES, INC. Dan J. rallack, .E., Branch Manager Witnessed by: __ 1-10vi,4 S C 4 1, 1 / 1 / QJf'eph A. bird, County Administrat r C?Users'Dan.Zrallack AppData%Local\MicrosofttWindows•T.WoraryInternet Files�Content.Outlook "HHGWG714`agmda WO# 1 ARRA MAN 3-10- 36 201i.doc V - , Ardaman & Associates, Inc. November 25, 2014 Ardaman File No. 13-5402 Revised February 2, 2015 Geotechnical, Environmental and Materials Consultants Indian River County EXHIBITA Engineering Division 1801 271t' Street Vero Beach, Florida 32960-3388 Attention: Mr. Michael Nixon, P.E. Subject: Proposal for Level 3 Contamination Assessment Intersection of State Road 60 (201 Street) and 43rd Avenue Indian River County, Florida Mr. Nixon: As requested, Ardaman & Associates, Inc. (Ardaman) has prepared a scope of work and estimation of costs related to performing additional contamination assessment for possible soil and groundwater subsurface contamination at the above referenced site. This proposal includes soil and groundwater sampling and testing to explore for the presence of soil and/or groundwater contamination along areas of the project site relative to the Contamination Review Memo prepared by FDOT and dated August 12, 2014. BACKGROUND INFORMATION Indian River County plans to improve the intersection of State Road 60 (20th Street) and 43`d Avenue in Indian River County, Florida. The proposed improvements include widening of the roadways from the existing four -lane to provide for a six -lane divided roadway with median, curb and gutter on the median side and resurfacing of the existing pavement. Arcadis completed a Contamination Screening Evaluation Report (CSER) for the project study area in February 2007. The project study area extends up to the existing bridge over the Main Relief Canal to the north and west and for approximately 2,200 feet to the south and east from the intersection. The purpose of the CSER was to identify and evaluate sites with known or potential for contamination within the project study area. Twelve sites were identified in the CSER as having "medium" and "high" potential for contamination. The project study area was later reduced to include nine sites with "high" and "medium" potential for contamination. In 2013, Ardaman performed a limited soil and groundwater assessment in the right-of-way expansion areas adjacent to sites ranked as "high" and "medium". Please refer to our Level II Contamination Assessment report dated January 8, 2014 for details of our findings. Soil analytical results did not indicate the presence of soil contamination at levels above the residential or commercial soil cleanup target levels (SCTLs) at the sampling locations. However, low levels of contaminants were found at seven of the locations which indicate that higher concentrations could be found nearby. Based on the depth to groundwater encountered during the field work to -date and on the anticipated depths of proposed utility structure installations, dewatering during construction will likely be needed. Given that groundwater contaminants were detected at twelve sampling locations and since many of the source sites have historic documentation of contamination IL plumes that have migrated offsite, additional groundwater sampling and testing was recommended by FDOT. 37 State Road 60 and 431d Avenue - 2 - Ardaman File No. 13-5402 PROJECT APPROACH The following scope of work describes the tasks necessary to preliminarily explore for the presence of contamination in soils and groundwater in the limited areas of the project study area, specifically at locations identified by FDOT. Groundwater Sampling Wells An additional 40 temporary groundwater sampling wells ("micro -wells") will be installed in accessible areas in close proximity to the locations recommended by FDOT. The micro -wells will be installed with a geoprobe using direct -push technology to an approximate depth of 15 feet and will be screened across the encountered groundwater table level. The proposed shallow micro -wells will be constructed of 1 -inch or 2 -inch diameter, 0.01 -inch slotted schedule 40 PVC pipe. A summary of the proposed number and general location of the wells is provided in the following table. site Address (Proximity to Intersection) Proposed Number of Wells Mark's Mobil 4310 201' Street (Northwest Comer) 4 Former Texaco / Lennys Lounge 4315 201" Street (Southwest Corner) 4 Former FINA #6644/Mobil 4395 20'" Street (200 Feet West) 6 Former Union 76 4233 20"' Street (Southeast Comer) 6 Cumberland Farms 1925 431" Avenue (500 Feet South) 6 Indian River Farms WCD 4400 20"' Street (Northwest Comer) 2 Mermaid Car Wash 1935 43'° Avenue (450 Feet South) 2 Strip Shopping Center (Vero Beach Dry Cleaners 4201 - 4211 20"' Street (200 Feet East) 5 Proposed Retention Pond 44"' Avenue 5 Groundwater Sample Collection and Analysis Groundwater samples obtained from the wells will be collected for laboratory analysis in general accordance with FDEP sampling requirements. Groundwater samples collected from the wells will be submitted to a State certified laboratory for analysis by EPA Methods 8021 (VOC's) and 8270 (PAH), and for Total Recoverable Petroleum Hydrocarbons (TRPH) by the FL -PRO method. Soil Sampling and Analytical Testing As requested by FDOT, five soil samples for chemical analyses will be collected from adjacent to the locations of the temporary sampling wells to be installed in the proposed retention pond area. The samples will be "composite" samples obtained from the top 24 inches of soil at each location. According to the FDOT directive, the samples will be submitted for chemical analyses by EPA Methods 8021 (VOC's) and 8270 (PAH); for TRPH by the FL -PRO method; for RCRA 8 Metals; and for pesticides, herbicides and PCB's by EPA Methods 8081, 8082, 8141 A and 8151A. Report Preparation A report summarizing the above additional site assessment activities will be submitted upon completion of the above-described scope of work. Details, descriptions and rationales for the various site assessment activities will be presented, along with all data developed during the assessment activities. The report will include the results of our findings relative to any identified soil and/or groundwater contamination within the study area that may present limitations or require special monitoring of contaminated media during construction of the proposed 38 intersection widening project. State Road 60 and 431 Avenue Ardaman File No. 13-5402 COST ESTIMATE -3- This proposal contains general methodology and procedures for conducting site contamination assessment activities for the subject site. We have prepared the attached cost estimate for completing the scope of work as outlined above. The cost for these services will not exceed $59,000.00 without prior approval from the client. The cost estimate includes provisions for providing the current property owners (as listed on the property appraiser website) reasonable notice regarding allowing access to the properties and to perform the scope of work outlined herein. The County will need to provide assistance if additional permission or right of entry documentation is needed to access the sites. It is important to realize that the project budget is a function of the findings during the study, additional assessment activities deemed necessary and the result of FDEP's and/or FDOT's review of the report. It is noted that the project will be completed in stages to minimize the amount of work, and therefore project costs. The client will only be billed for the actual worked performed and services provided. CLOSURE This proposal is subject to the following terms and conditions: (1) access to boring locations is to be readily available to our field personnel equipment; (2) maintenance -of -traffic will not be necessary; (3) Ardaman & Associates cannot take responsibility for damages to underground structures and/or utilities not identified through the Sunshine State One -Call service; their locations are to be provided by the County prior to commencement of the field work; (4) coordinating and obtaining written permission/agreements from adjacent property owners as necessary in order to access the well locations is the responsibility of the client; and (5) this scope of service and associated cost includes a limited allowance for drumming, containing or disposing of contaminated soils, groundwater or drilling fluids. We will notify you immediately if it becomes apparent that additional funds will be needed for this effort. We note that services proposed within may be substituted in the field, as conditions dictate. The number of samples, sampling locations and depths and laboratory tests may be modified in the field to provide the same (or higher) level of service regarding exploring for potential subsurface contamination. However, as stated above, the indicated cost will not be exceeded without prior permission. We appreciate the opportunity to submit this proposal and look forward to continue working with you on this project. If this proposal is agreeable to you, please indicate your acceptance by issuing the purchase order or change order that will be assigned to this phase of the project. Please call if you have any questions or require additional information. Best regards, ARDAMAN & ASSOCIATES, INC. �a�n_lallack, P.E. Branch Manager 39 CLIENT: PROJECT: DESCRIPTION: TOTAL ESTIMATED PROJECT COST: Indian River County State Road 60 and 43rd Avenue Intersection Improvements Level 3 Contamination Assessment $59,000.00 ITEM DESCRIPTION UNITS NUM13EI UNITS COST PER UNIT EXTENSION ITEM DESCRIPTION UNITS NUMBE UNITS T PER UNIT EXTENSION PERSONNEL GENERAL FIELD EQUIPMENT AND EXPENDABLES Senior Project Engineer Per Hour 60 $115.00 $9,200.00 Proqect Engineer Per Hour 15 $95.00 $1,425.00 Staff Engineer Per Hour $85.00 Generator Per Day 5 $95.00 $475.6-0 Mobilization of ConceRe Coring Equipment Per Tri 5 $150.00 $750.00 Senior Field Technician Per Hour 80 $50.00 $4,000.00 Peristaltic Purging Pum Per D 10 540.00 $400.DC Feld Technician Per Hour 80 $45.00 $3,600.00 Water Level Indicator Per D 10 $20.00 $200. Senior Technical Draftsman Per Hour $55.00 Technical Draftsman Per Hour 8 $50.00 $400.00 Woonducti' Meter Per D 10 $25.00 $250. Technical Secretary Per Hour 2 545.00 90.00 urbidfry Meter Per ay 10 $55.00 $550. Subtotal: 18,715. Dissolved Oxygen Meter Per D 10 $55.00 $550. DRILLING MOBI LIZATION(DEMOBI LIZATION Lump Sum Men and Equipment Mob. Per Mob. 2 $250.00 $500.00 Tygon Tubing Per Foot 40 $2.50 $100.00 Pole em Tubing Per Foot 800 $0.60 $480.00 Deionized Water decontamination Per 5 Gal. 2 $14.00 $28. 55 anon Drum Each 4 $65.00 $260.DO Subtotal: COMPACTION AND GRAIN SIZE TEST Standard Proctor ASTM D-698 Per Test $85.00 Modified Proctor ASTM 615 Per Test $85.00 Sieve Arm sis ASTM 0121, D-422 Per Test $65.00 Percent Fines (A TMD 11 40) Per Test $35.00 Subtotal: $0. ANALYTICAL LABORATORY ANALYSIS (Cost plits 15°x) EPA 8021 VOCs -water Per Test 40 $69.00 $2,760.00 EPA 8021 VOCs - soil Per Test 5 $69.001 $345.00 MONITORING WELL INSTALLATION Temporary 2" PVC Wellpoint Per Foot 500 $16.00 $9,0DO.DO EPA 8270 PAH s - water or soil Per Test 45 $103.50 $4.657.50 TRPH by FL -PRO - water or soil Per Test 45 $80.50 $3,622. DRILLING ON TIME BASIS Decontamination of Equipment Per Hour 20 $150.00 $3,000.00 Drumming Contaminated Soil w/o Dis Per Drum 4 $150.00 $600.00 EPA 8081A (Organochlorine Pest Per Test 5 $143.75 $718.7 Drum Disposal non hazardous Per Drum 4 $150.00 $600.00 EPA 8082 PCB Per Test 5 $143.75 $718.7 EPA 8141A (Organophosphorus Pest. Per Test 5 $126.50 $832.50 EPA 8151A Herbicides Per Test 5 $218.50 $1,092.50 RCRA 8 Metals Per Test 5 $68.55 $442.7 Sample Disposal Cost(Lump Sum Lump Sum 1 $51.75 $51.7 Direct Push Groundwater Sampling Per Day 5 $1,500.00 $7,500.00 Subtotal: $21,200.001 Subtotal:$1=,200 NNEW-W Ardaman & Associat Geotechnical, Environmenta 40 13-5402 Level 3 Cost Estimate.xls Printed 2/2/2015 at 12:12 PM 0 III it � + I i @;1 t-'-a— i{��Ft J t 1 Ar tr :r r I sr• r — — ` + : ', I . E i @;1 t-'-a— i{��Ft J t 1 -1vh STRM f1 W COWST. t Flm! /1GC fR — — z — Y i?I i� 41 l 42 I 1= '';'�I' t si � i�x�r �p,�N , 1550 ^CE• ' � . � •�� .�e3x � 6 �irY ita% I':I / I jJ 114 yy f; �rgttr- \ 1 r e �' ma ` r a I 3 gftX� �' ' �� • x'8''1 MC hep14 B8 1 ti + arg M<� .. . -'�� � � I ti• 6� � 4 6 I Ilii � r _ � \ � l t! ow+ rear. rw v .mcrAw. 30 Lr rr .aa m e • w r MQEW — 2611+00 e oo 1 it F me M me mwuro. L I, \ _ — 2F.Woo — — Y �w att � Is7 / t<FS' AW! l/ RMS/ aew �d �• \ �� I; p� `E-! >q �I�' I� � E � �f�? � I ���Xi>rd9 bit r d — � �' � •\ "I i ice' I ' � i� � i i � ` �_ g1ji Ipe aai'L�r • I.. '.I ' a '- his Y R �•�p�- I ' g J 42 4 c k 43 f➢6tT rA W i, 6 t01Qi1 moi/ � =1i f .E ........... fill L � •+ I f I. as—�-�-- `I I• 'I' =th' fift 5 6x fit LL s• th .S�ddY ri �A��x �_...I tel\ 1 � + 1 4M �• iS� ; { - \\ its li Hof I , 1 \ , Z \ � � I i r@ bi tt�w.s► 1 I ��. gal •, � `` I r a�� E I F II I �13k�aEC>i II ' \ 1 44 i W 1 �ti 8 r 0 •�.OWN - � 9,0.. jl MILI rmp. PGL Mr ( — — s764 13. �ti 8 r 0 rmp. PGL Mr A zN�YYt N N 17 .1 @aerB$pp d S p �4�C0 ���li\ •h I YG�C• "13$ i e 1 ^= I N wrao r � ;�3wl 8 f .4w.{ 1 '— 1 45 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: Release of Retainage for BRIDGE DESIGN ASSOCIATES, INC. Oslo Road Phase III from 58th Avenue to 43rd Avenue IRC Project No. 0517 DATE: February 27, 2015 DESCRIPTION AND CONDITIONS On September 6, 2011, the Board of County Commissioners approved an agreement with Bridge Design Associates, Inc. for design and construction phase services for the widening of the existing bridge on Oslo Road crossing the Indian River Farms Water Canal District Lateral B Canal as part of the Oslo Road Phase III (58th Avenue from 43rd Avenue) project in the amount of $66,630.00. Bridge Design Associates, Inc. has completed all tasks and has been paid $62,433.43 to date, with $1,999.82 held in retainage. Bridge Design Associates, Inc. has submitted Invoice No. 11-583-R1 dated February 3, klill 2015 in the amount of $1,999.82 for release of retainage. FUNDING 71 Funding is budgeted and available from the following: Traffic Impact Fees/District 3 Account No. 102-206001-05004 Oslo Road (58th Ave - 43`d Ave) Retainage ($1,904.12) Secondary Roads Gas Tax Account No. 109-206001-05004 Oslo Road (58th Ave — 43rd Ave) Retainage ($63.20) Optional Sales Tax Account No. 315-206000-05004 Oslo Road (58th Ave — 43`d Ave) Retainage ($32.50) RECOMMENDATION Staff recommends release of retainage and payment of Bridge Design Associates, Inc. Invoice No. 11-583/R- 1, dated February 3, 2015 in the amount of $1,999.82. F:\Public Works\ENGINEERING DIVISION PROJECTS\0517-OSLO ROAD -43rd Ave to 58th Ave -Phase IMAdmim\agenda items\BCC Agenda 46 Memo for BDA Release of Retainage 3-10-2015.doc C PAGE TWO BCC Agenda Item from Christopher J. Kafer, Jr., P.E. March 10, 2015 ATTACHMENTS Bridge Design Associates, Inc. Invoice No. 11-583/R-1 DISTRIBUTION Brian C. Rheault, P.E., Bridge Design Associates, Inc. APPROVED AGENDA ITEM FOR: March 10, 2015�J By: 0 Indian River County Approy&4 Date Administration 3 SJ i5 Budget ( 5 Legal ? Public Works Engineering C F:\Public Works\ENGINEERING DIVISION PROJECTS\0517-OSLO ROAD -43rd Ave to 58th Ave -Phase IlMdmim\agenda items\BCC Agenda 47 Memo for BDA Release of Retainage 3-10-2015.doc BRIDGE DESIGN ASSOCIATES, INC. Bill To Indian River County 1800 27th Street Vero Beach, Florida 32960 Attn: Jill Williams C ON S U L T ING E N G IN E E R S BRIAN C. RHEAULT, P.E. Invoice President Date Invoice # 2/3/2015 11-583/R 1 Description Amount FOR ENGINEERING SERVICES ON: 1,999.82 OSLO ROAD PHASE III (58TH AVENUE TO 43RD AVENUE) NEW AGREEMENT PROJECT #0517 Contract Amount: $21,195.00 Fees Earned to Date: $19,998.25 Retainage Held: $1,999.82 Retainage Due: $1,999.82 INDIAN RIVER COUNTY PUBLIC VWRKS APPROVED1 DATE DIRECTOR DIV. HEAD P.O. # ACCT. # Please Mail All Correspondence To The Address Below Total $1,999.82 1402 Royal Palm Beach Boulevard • Building 200 • Royal Palm Beach, Florida 33411 48 (561) 686-3660 • Fax: (561) 791-1995 • • 4F INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director v FROM: Christopher J. Kafer, Jr., P.E., County Engine SUBJECT: Work Order No. 1, Masteller & Moler, Inc. 491h Street/US 1 Intersection Improvements IRC Project No. 1412 DATE: February 16, 2015 DESCRIPTION AND CONDITIONS xc- On November 15, 2011, the Board of County Commissioners approved the Continuing Contract for Professional Services with Masteller & Moler, Inc. and on November 4, 2014, approved an Extension and Amendment of the Continuing Contract. The purpose of Work Order No. 1 is to provide planning and design services for intersection improvements at the following locations: eastbound left turn lane on 49th Street at Old Dixie Highway; eastbound left turn lane on 49th Street at US 1; and north and southbound left turn lanes on Old Dixie Highway at 49th Street. The 49th Street eastbound left turn lane at the approach to Old Dixie Highway will require coordination with CDM Smith, Inc. for "All Aboard Florida" with the Florida East Coast (FEC) Railway for the expanded roadway improvements. Work Order No. 1 is for a total lump sum amount of $70,140.00. FUNDING Funding is budgeted in Account No. 31521441-066510-15010, Optional Sales Tax, 491h Street/US 1 Intersection Improvements, in the amount of $70,140.00. RECOMMENDATION Staff recommends approval of Work Order No. 1 to Masteller & Moler, Inc. authorizing the above- mentioned professional services as outlined in the attached Scope of Services (Exhibit A) and requests the Board to authorize the Chairman to execute the attached Work Order No. 1 on their behalf for a total lump sum amount of $70,140.00. ATTACHMENTS Work Order No. 1 DISTRIBUTION Masteller & Moler, Inc. APPROVED AGENDA ITEM Indian River County Approv Date 3I� ) Administration 3 I5 Budget Legal Public Works Engineering FOR March 10, 2015 BY� F:\Public Works\ENGINEERING DIVISION PROJECTS\1412-49th St_USI _Intersec Improv\Admin\agenda items\BCC Agenda Masteller & Moler WO I.doc CSS Board of County Commissioners 1801 27th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: 772-778-9391 Project: WORK ORDER NO. 1 (Engineering) FOR PROFESSIONAL SERVICES AGREEMENT FOR PROFESSIONAL CIVIL ENGINEERING SERVICES CONTRACT WITH Masteller & Moller, Inc. 49TH STREET / US1 INTERSECTION IMPROVEMENTS — IRC Project No. 1412 This Work Order No. 1 is in accordance with the existing AGREEMENT dated November 15, 2011 as amended November 4th, 2014 between Masteller & Moler, Inc. (ENGINEER) and Indian River County (COUNTY). This Work Order No. 1 amends the agreement as follows: SECTION I - PROJECT LIMITS This Work Order No. 1 is for the ENGINEER to perform professional engineering services in connection with the planning and design of 49th Street & US1 Turn Lane Improvements at the following locations: 1. Eastbound Left -Turn Lane on 49th Street at Old Dixie Highway; 2. Eastbound Left -Turn Lane on 49th Street at U. S. Highway# 1; 3. Northbound Left -Turn Lane on Old Dixie Highway at 49th Street; and 4. Southbound Left -Turn Lane on Old Dixie Highway at 49th Street. The 49th Street Eastbound Left Turn Lane at the approach to old Dixie Highway will require the paving within the Florida East Coast railroad (FECRR) right-of-way to be widened. It is understood the Florida East Coast Railroad will perform all work required for installation of the 49th Street Eastbound Left -Turn Lane within the limits of their right-of-way. It is anticipated the FECRR may request a median to be introduced into the turn lane improvements design to allow for calming devices they plan to construct to support the "All Aboard Florida" Railroad improvements. SECTION II - SCOPE OF SERVICES As agreed upon between ENGINEER and the COUNTY, the ENGINEER shall provide Professional Engineering services to complete all tasks as outlined in this Work Order No. 1, and per the attached Scope of Services and Cost Outline (Exhibit A). SECTION III - TIME FOR COMPLETION & DELIVERABLES/WORK PRODUCT 1. Project shall be completed as follows: • Within 70 working days of Notice to Proceed excluding the time expended during the FECRR review of the Conceptual Design Plans. 50 L t E IRC Work Order No. 1 49th Street / US1 Intersection Improvements Page 2 of 2 2. Deliverables —The ENGINEER shall provide the COUNTY: a. As defined in attached proposal and scope of services (Exhibit A) and related digital AutoCAD and PDF files. SECTION IV - COMPENSATION The COUNTY agrees to pay, and the ENGINEER agrees to accept a total lump sum of $ 70,140.00 for the above-described services rendered as identified in Sections I, II, and III of this Work Order No. 1. 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 ENGINEER. The AGREEMENT is hereby amended as specifically set forth herein. All remaining sections of the AGREEMENT shall remain in full force and effect, and are incorporated herein. IN WITNESS WHEREOF the parties hereto have executed these presents this day of , 2015. CONSULTANT: MASTELLE !! R, INC. By: Stephen E. Moler Title: Vice President By: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Wesley S. Davis, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Is .Baird, County dministrator Approved as to form and legal sufficiency: Dylan T. Rein old, County Attorney I Y g 51 M J MASTELLER & MOLER, INC. M1 CIVIL ENGINEERS EXHIBIT "A" WORK ORDER NO. 1 Masteller & Moler, Inc. 49t`' Street / US1 Intersection Improvements PROPOSAL Professional Engineering Services February 17, 2015 Mr. Christopher J. Kafer, Jr, PE Indian River County 1801 27th Street Vero Beach, Florida 32960 RE: 491h Street / US1 Intersection Improvements Professional Engineering Services Dear Mr. Kafer: Masteller & Moler, Inc. ("MM") is pleased to submit this letter agreement (the "Agreement") to Indian River County ("the Client") for providing professional engineering services related to roadway turn lane improvements for 49th Street & US 1 Intersection Improvements in Indian River County. Our scope of services, schedule, and fee are below. Based on our discussions it is understood the County desires designs to be developed for construction of planned improvements to consist of roadway turn lane improvements at the following locations: 1. Eastbound Left Turn Lane on 49th Street at Old Dixie Highway; 2. Eastbound Left Turn Lane on 49th Street at U.S. Highway# 1; 3. Northbound Left Turn Lane on Old Dixie Highway at 49th Street; and 4. Southbound Left Turn Lane on Old Dixie Highway at 49th Street. The project will also include sidewalk improvements on both sides of 49th Street for the length of the project improvements. Sidewalk will not be required on the west side of Old Dixie Highway. The existing sidewalk on the east side of Old Dixie Highway will either be retained or reconstructed if necessitated by the project improvements. It is understood the Florida East Coast Railroad (FECRR) will perform all work required for installation of the 49th Street Eastbound Left Turn Lane within the limits of their right-of-way. It is further understood the FECRR will be making gate arm improvements as a result of the pending "All Aboard Florida" (AAF) project. The County will be requesting the gate arm improvements be consistent with the County's desire to add a turn lane at 49th Street. Scope of Services: Conceptual Design We shall develop Conceptual Plans depicting the proposed roadway turn lane improvements in horizontal plan views depicting lane widths, lengths, and taper dimensions, proposed striping & 1655 27th Street, Suite 2 • Vero Beach, Florida 32960 Phone: (772) 567-5300 • Fax: (772) 794-1106 52 mastmolr@bellsouth.net IRC Work Order No. 1— Exhibit "A" 49th Street/USI Intersection Improvements Page 2 of 5 signage elements, and sidewalks. The Conceptual Plans shall be submitted to Indian River County Engineering for review and acceptance prior to our proceeding with additional design services. It is our intent to design the 49th Street 3 -Lane section (Old Dixie to U.S. Highway # 1) / turn lane improvements centered on the quarter -section line. We expect the Old Dixie Highway turn lanes to be accomplished via a west side widening. In order to be eligible for a SJRWMD Permit Exemption, the turn lane improvements will be designed without the need for curbing and storm conveyance piping to eliminate the need for treatment facilities (which might necessitate the County purchasing stormwater treatment tracts). During this task, we will coordinate with Jill Grimaldi of CDM Smith, the County's liaison for the "All Aboard Florida" (AAF) Railroad project. It is understood our Concept Plans will be submitted by CDM to the Florida East Coast Railroad (FECRR) in order that they may plan and design for the expanded roadway improvements to be constructed with this project, as well as their planned calming devices. We will make adjustments to the Conceptual Plans based on feedback received by Indian River County via CDM Smith. Preliminary Construction Plans Preparation of Preliminary Plans for the planned project improvements to include: Title Sheet Construction Notes Summary of Pay Items 1� Roadway Improvements Plan Views Roadway Profile Views (as Necessary) Cross-sections Striping & Signage Plans Construction Details The Preliminary Plans shall be prepared based on the following design criteria: Ex. Posted Speed ProD Posted Speed Desian Saeed 49th Street (W. of Old Dixie) 30 mph 35 mph 40 mph 49th Street (E. of Old Dixie) n/a 35 mph 40 mph Old Dixie (N. of 491h St.) 45 mph 45 mph 50 mph Old Dixie (S. of 491h St.) 35 mph 35 mph 40 mph In order to accommodate the future signalization of the intersection of 49th Street and Old Dixie Highway, the intersection paving shall be designed to be plateaued. Final Construction Plans Following your review of the Preliminary Construction Plans, we shall make revisions to address your concerns and convert the plans into Final Construction Plans. The Final Construction Plans shall be utilized for acquisition of permits for the project. Ll M 3 IRC Work Order No. 1- Exhibit A" 49th Street / US 1 Intersection Improvements Page 3 of 5 Permitting We shall prepare permit applications to support obtaining authorizations to construct the project improvements. The permit applications included in our scope will consist of the following: Indian River County Right-of-way Permit St. Johns River WMD Permit Exemption Florida DOT Roadway Alteration Permit We shall submit the Construction Plans to support permit applications. We shall make revisions to the Construction Plans to address reasonable comments receive from permitting agencies. Fees: We shall complete the above described tasks for the lump fee fees listed below: Conceptual Design $ 12,320.00 Preliminary Construction Plans $ 40,600.00 Final Construction Plans $ 6,880.00 Permitting $ 8,340.00 Sub -Total $ 68,140.00 Reimbursables (max.) $ 2,000.00 Total Fee $ 70,140.00 Reimbursement for payment of direct costs, including reproduction, copies, prints, mail, Fed -Ex, etc. is estimated at $ 2,000.00. Actual cost will vary depending on quantity provided. (See below for actual costs) We shall invoice monthly for these services based on the percentage of completion of each task. Printing and Reproduction, Mail and Delivery The County shall make direct payment to our office for the cost of printing project plan sheets required for utility coordination and for copies of reports, drawings, specification, and other pertinent items required by federal, state, and local agencies from whom approval of the project must be obtained, material suppliers, and other interested parties, but may charge only for the actual cost of providing such copies based on EXHIBIT "2" - CONSULTANT'S BILLING RATE of the "Master Agreement" as follows: Letter 81/2" x 11" $ 0.25 Legal 8'/2" x 14" $ 0.35 Oversized 11" x 17" $ 0.50 Black Line Plans 24" x 36" $ 1.00 Mylar 24" x 36" $ 4.00 The County shall make direct payment to our office for the actual cost of mail, Fed -Ex, or similar costs for delivery of plans and documents to jurisdictional agencies, contractors, etc. Application Fees are to be paid directly to jurisdictional agencies. IRC Work Order No. 1 - Exhibit 'A" 49th Street/ US1 Intersection Improvements Page 4 of 5 Items to Be Provided By Client: To support our design and permitting services on this project, it is understood the County will provide the following information - Right -of -way & Topographic Survey on NAVD 1988 datum Soils Exploration Report Environmental Assessment Wetlands Mitigation Permitting (If Required) Sketch & Legal Descriptions for Right -of -Way Acquisition Additional Services: Our scope of services does not include land surveying, soils investigations, FDOT U.S. Highway # 1 roadway alteration designs, right-of-way acquisition negotiations, landscape / irrigation designs, bidding services, construction administration services. Any services not specifically provided for in the above scope will be considered additional services and can be performed at our contract hourly rates. Deliverables: Deliverables for this project will consist of the following: Conceptual Design 2 Sets 4W Preliminary Construction Plans 2 Sets Final Construction Plans 10 Sets Permit Application Forms As Required op", Schedule Upon receipt of the Notice to Proceed and the information to be provided by the County, we shall complete the scope of services for this project on the following schedule: Task Working Days Conceptual Plans 15 Days FECRR Review & Comments Unknown Preliminary Construction Plans 40 Days Final Construction Plans 10 Days Permit Application Forms 5 Days 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 November 15, 2011 and amended on November 4, 2014 between Masteller & Moler, Inc. (ENGINEER) and Indian River County (COUNTY). Fees and times stated in this Work Order are valid for sixty (60) days after the date of this letter. MR 5 IRC Work Order No. 1— Exhibit 'A" 49th Street/US1 Intersection Improvements Page 5 of 5 4LWe appreciate the opportunity to provide these services to you. Please contact me with any questions you might have. Sincerely, M ELLER & MOLER, INC. Stephen E. Moler, PE Vice President SEM/cab File#1456 (Contract Exhibit A - REV021715.docx) E, Dylan Reingold, County Attorney William K. DeBraal, Deputy County attorney Kate Pingolt Cotner, assistant County Attorney CONSENT: 3/10/15 Of ce of INDIAN MEMORANDUM TO: -Board of County Commissioners FROM: William K. DeBraal - Deputy County Attorney DATE: March 3, 2015 SUBJECT: Resolutions Canceling Taxes on Property Purchased for 26th Street Right - Of -Way Resolutions have been prepared for the purpose of canceling any delinquent, omitted or current taxes which may exist on the properties purchased by Indian River County for 26th Street right-of-way: RIVER COUNTY ATTORNEY • From Brenda Hamilton Sistler, Keith A. Hamilton and William A. Hamilton Warranty Deed recorded in Book 2784, Pages 2015-2018 • From Javier Franco and Baylee Franco General Warranty Deed recorded in Book 2809, Pages 369370 FUNDING: There is no cost associated with this item. RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute the attached Resolutions to cancel certain taxes upon publicly owned land, and the Clerk to send a certified copy of each Resolution to the Tax Collector and the Property Appraiser so that any delinquent, omitted or current taxes can be cancelled, and to also send a copy to each of Fixed Assets, Budget and the County Attorney's Office. /nhm Attachments: Resolutions cc: Carole Jean Jordan - Tax Collector David Nolte - Property Appraiser Approved for March 10, 2015 BCC Meeting Consent Agenda `I�OUNTY ATTORNEY Indian River Co. Appro ed Date Admin. 3 S / Co. Atty. Budget 3 ¢ De artment --- Risk Management --- --- 57 Parcel # 32-39-32-00001-0160-00004.0 Purchased by Indian River County from Brenda Hamilton Sistler, Keith A. Hamilton, William A. Hamilton Public Purpose: for 26th Street right-of-way RESOLUTION NO. 2015- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 1 58 RESOLUTION NO. 2015 - to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. Any and all liens for taxes delinquent or current against the following described lands purchased from Brenda Hamilton Sistler, Keith A. Hamilton and William A. Hamilton, for 26th Street right-of-way, are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached Warranty Deed recorded in Book 2784, Pages 2015-2018, Public Records of Indian River County, Florida. 2. The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this resolution to the Tax Collector and the Property Appraiser with a copy to each of Fixed Assets, Budget, and the County Attorney's Office. The resolution was moved for adoption by Commissioner , and motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: 04 2 59 0 RESOLUTION NO. 2015 - kav Commissioner Wesley S. Davis, Chairman Commissioner Bob Solari, Vice Chairman Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan The Chairman thereupon declared the resolution duly passed and adopted this day of March, 2015. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Wesley S. Davis, Chairman ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller APPROVED} : \1S 'TO FORt By: A,ND i E LAI- 51. Deputy Clerk Vill.JA,ri K.',A A.t 0F.FL11YC3UNT'1 Al tOXNEY Tax Certificates Outstanding _ Yes No Current Prorated Tax Received and r/ Deposited With Tax Collector $� ) / 1 3 60 3120140051109 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 2784 PC: 2015,8/28f2014 4:24 PM D DOCTAX PD $735.00 Prepared by and return to: Gloria Guzman Thomas Lawyers Title Agency 2905 Ocean Drive Vero Bea Ch, FL 32963 File No.: 60 -5481 -MG Property Appraisers Parcel IDM: 32-39-32-00001-0160-0004/0 WARRANTY DEED THIS INDENTURE, made this 28 day of August, 2014 between Brenda Hamilton Sistler and Keith A. Hamilton and William A. Hamilton, hereinafter called the Grantor, to Indian River County, a political subdivision of the State of Florida whose post office address is: 1801 27" Street, Vero Beach, FL 32960, hereinafter called the Grantee: WITNESSETH: That the Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00), and other good and valuable consideration to the Grantor in hand paid by the Grantee, the receipt of which Is hereby acknowledged, has granted, bargained and sold to the Grantee, and Grantee's heirs and assigns forever, the following described land, situate, lying and being in Indian River County, Florida, to -wit: See "Legal Description" attached herewith and made a part hereof. Subject to restrictions, reservations and easements of record, If any, and taxes subsequent to December 31, 2013. The Grantors herein covenant and aver that the property conveyed hereby is not their homestead, and that it is not subject to Florida Homestead Laws. Grantors reside at such places other than the property being conveyed. TO HAVE AND TO HOLD, the same in fee simple forever. AND the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whosoever. IN WITNESS WHEREOF, the grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in our r s ce: Print N /i /J'MIsr da H Sistler 08 Kildare Drive Sebastian, FL 32958 /ln e � Pr,96<^Oock STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing Instrument was acknowledged before me this 28 day of August, by Brenda Hami)�ton Sistler, who Is personally known to me or who produced _�Pi ms's�9-��- as Identification. Nota Public T}�sy Co n expires: GLORIA GUZMAN tyOTARY pUgLIG STATE OF FLORIDA © rpr,il 414638.94 Fjpirea 41412017 61 [A E Ew BK: 2784 PG: 2016 Warranty Deed -Page 2 Signed, sealed and delivered in our Pr,lsence: l it, 5 � a Print Name V -3kk El. STATE OF GEORGIA COUNTY OF�� ' eith A. Hamilton 711 Dorsey Street Gainesville, GA 30501 The foregoing Instrument was acknowledged before me this ';31­C� day of August, 2014, b,yy Keith A. Hamilton, who is personally known to me or who produced as Identification. Nota 7rL, s0/ my mi((�d''ion expires: JEFFREY DELGADO NOTARY PUBLIC Hall County State of (;eorpis My Comm. E_'Oree March 10, 2018 62 (IF G BK: 2784 PG: 2017 Warranty Deed -Page 3 Signed, sealed and delivered In our Presence: Prl _ . a mey yrs k - % r K / i"� C/L� � e�_ William A. Hamilton 11 Salem Acres Road Weavervilie, NC 28787 STATE OF NORTH CAROLINA COUNTY OF 'RUrnCOrnbt_ The foregoing Instrument was acknowledged before me this � day of August, 2014, by William A. Hamilton, who is personally known to me or who produced MC.D l_ as identification. :Q s�f 07 N tary Public �}Q a 12 )'�i'ton Notary Commission expires: .an B (9br}- Pub11G � 11 r 63 :7 BK: 2784 PG: 2018 "Legal Description" A portion of Tract 16, Section 32, Township 32 South, Range 39 East, according to the last general plat of lands of the INDIAN RIVER FARMS COMPANY SUBDIVISION, as recorded in Plat Book 2, Page 25, Public Records of St. Lucie County, Florida; said land lying and being in Indian River County, Florida, being more particularly described as follows: From the SE corner of Section 32, Township 32 South, Range 39 East, run West on the Section line a distance of 863.6 feet; thence run North 55 feet to a Point of Beginning; from said Point of Beginning run West 137 feet; thence run North 225 feet; thence run East 137 feet; thence run South 225 feet to the Point of Beginning. Less and except that part conveyed to Indian River County for additional right of way for 26th Street as recorded in Official Records Book 1093, page 910, Public Records of Indian River County, Florida, more particularly described as follows: The North 5 feet of the South 60 feet of the West 137 feet of the East 10.47 acres of the West 20.47 acres of Tract 16, Section 32, Township 32 South, Range 39 East, accordinq to the last general plat of the Indian River Farms Company as recorded in Plat Book 2, Page(s) 25, of the Public Records of St. Lucie County, Florida. Now lying in Indian River County, Florida. Law G-4 by O DWO.r Syv y Im., 2014 P W) 761-5555 64 E10 C Lot 1, Block G, Dodgertown Subdivision Purchased by Indian River County from Javier Franco and Baylee Franco Public Purpose: for 26th Street right-of-way RESOLUTION NO. 2015- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 1 65 RESOLUTION NO. 2015 - to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. Any and all liens for taxes delinquent or current against the following described lands purchased from Javier Franco and Baylee Franco, for 26th Street right-of-way, are hereby cancelled pursuant to the authority of section 196.28, F. S. See attached General Warranty Deed recorded in Book 2809, Pages 369-370, Public Records of Indian River County, Florida. 2. The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this resolution to the Tax Collector and the Property Appraiser with a copy to each of Fixed Assets, Budget, and the County Attorney's Office. The resolution was moved for adoption by Commissioner and motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: 2 66 n 0 C. RESOLUTION NO. 2015 - Commissioner Wesley S. Davis, Chairman Commissioner Bob Solari, Vice Chairman Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan The Chairman thereupon declared the resolution duly passed and adopted this day of March, 2015. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller Deputy Clerk Tax Certificates Outstanding _f Yes No Current Prorated Tax Received and Deposited With Tax Collector $ Wesley S. Davis, Chairman 3 APPROVED AS TC> tFORP—t A34D"11UCiic,C DER)TY COUNTY /LTi ORNFY 67 c 311UI4UU7Z6Jb KLt,UKUEU IN IHE KEUUKDS UP HJ`tKLY H. NMI IH, ULLKK UN' UIHUUI I t,UUXI INUTAN RIVER CU ML BK: 2809 PG: 369,12/12/201410:10 AM D DOCTAX PD 50.70 This instrument was prepared incident to the issuance of a title insurance contract, and is to be returned to: Jason A. Beal Atlantic Coastal Land Title Company, LLC 855 21" St., Suite C Vero Beach, Florida 32960 ACLT File Number: 44081298 Parcel ID Number: 32-39-33-00003-0007-00001.0 GENERAL WARRANTY DEED This deed, made as of this 11th day of December, 2014, by Javier Franco and Baylee Franco, husband and wife (as Grantor); and Indian River County, a political subdivision of the State of Florida, whose post office address is: 1801 27th St, Vero Beach, FL 32960 (as Grantee); (Wherever used herein, the terms grantor" and "grantee"shall include singular and plural, heirs, legal representatives, and assigns of indrviduols, and the successors and assigns of corporations, partnerships or other entities; wherever the context so admits or requires) IL WITNESSETH: 0 That the grantor, for and in consideration of the sum of $10.00 in hand paid by grantee, the receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto the grantee forever, all the right, title, interest, claim and demand which the said grantor has in and to the following described parcel of land, to wit: Lot 1, Block G, DODGERTOWN SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 3, at Page 49, of the Public Records of Indian River County, Florida. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND grantor hereby covenants with grantee that grantor is lawfully seized of said land in fee simple; that grantor has good right and lawful authority to sell and convey said land; that grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances, except taxes for the year in which this deed is given; and restrictions, reservations, limitations, covenants, conditions and easements of record, if any; insofar as same are valid and enforceable (however, this clause shall not be construed to reimpose same). ATLANTIC COASTAL LAND TITLE COMPANY, LLC A Full Service, Florida Title Insurance Agency 68 BK: 2809 PG: 370 IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of - Javier Javier Franco 2605 53rd Ave /J Vero Beach, FL 32966 Z Baylee Franco 2605 53rd Ave Vero Beach, FL 32966 State of FLORIDA County of INDIAN RIVER The foregoing instrument was acknowledged before me the date hereinafter given, by Javier Franco and Baylee Franco; who was/were either personally known to me; or produced identification of sufficient character so as to identify said individual(s) with reasonable certainty; and who did/did 9 not take an oath. Witness my hand and official seal in the County and State last aforesaid, this 4th day of December, 2014. Type of identification provided (Check One): Notary Public I river's License I I Passport ,.N. • -. I I Government (State or Federal) ID Card +'� '.° Notary JASon A. BEAL I I Resident Alien ID Card -� My comm. Ex State o! Florida I I commission 'P EE 836t ct 11. ?016 Other O'oughNat iwwNota 130 ATLANTIC COASTAL LAND TITLE COMPANY, LLC A Full Service, Florida Title Insurance Agency G'U Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney CONSENT: March 10, 2015 Of ce of INDIAN RIVER COUNTY MEMORANDUM TO: okilliam TThe Board of County Commissioners FROM: K. DeBraal - Deputy County Attorney DATE: March 2, 2015 ATTORNEY SUBJECT: Provence Bay Request for 2 -Year Extension to Final Lift of Asphalt Contract Developer: Centex Homes 17s • In 2013 Centex Homes, the developer of Provence Bay, in order to receive a Certificate of Completion for the Provence Bay project entered into a Contract for Construction for Final Lift of Asphalt (Contract No. SD -04 -10 -46 -FLA) and posted the required security in the form of a Wells Fargo Bank Irrevocable Standby Letter of Credit in the amount of $60,456.25 to guarantee completion of the final lift of asphalt. The developer is requesting a 2 -year extension to this contract in order to avoid laying the final lift until after a majority of the construction is completed so that the finished roadways will be more aesthetically pleasing to potential buyers. Section 913.10(1)(E) of the County Code states that for good cause shown the Board may in its discretion grant one or more extensions of time for performance of any contract for construction of required improvements provided the security supporting such contract remains valid for the required 90 -day period following the newly extended time for performance. Staff has no objection to a 2 -year extension. Additionally, the developer submitted its engineer's updated certified cost estimate, and staff has approved the updated amount. The updated approved 125% amount is $51,231.25 which is a reduction from the cost estimate from two years ago. Approved for March 10, 2105 BCC Meeting CONSENT COUNTY ATTORNEY Indian River Co. Appr ved Date Admin. 3 5 Co. Atty. Budget Department IX '-,V -j Risk Management - --- 70 FUNDING: There is no cost to be borne by Indian River County with respect to this item. RECOMMENDATION: Approve the attached Modification to Contract for Construction for Final Lift of Asphalt (Contract No. SD -04 -10 -46 -FLA) to extend the completion date to March 12, 2017, and authorize the Chairman to execute same so long as the letter of credit is amended to extend the expiration date to June 12, 2017 which is 90 days beyond the newly extended completion date, and the developer pays the prerequisite extension fee of $660.00 established by Resolution No. 2005-041, and pursuant to Section 913.10(1)(G) of the Indian River County Code. It is also noted that the supporting security can also be reduced to the updated amount. Additionally, if after an inspection is performed by the County and it reveals that there is any deficiency in the roadway base, the developer must repair any deficiency noted in such inspection prior to the laying of the final lift of asphalt. nhm attachment: Modification to Contract for Construction for Final Lift of Asphalt (Contract No. SD -04 -10 -46 -FLA) with updated approved certified cost estimate 2 71 Provence Bay MODIFICATION TO CONTRACT FOR CONSTRUCTION FOR FINAL LIFT OF ASPHALT CONTRACT NO. SD -04 -10 -46 -FLA THIS MODIFICATION, made and entered into this day of March, 2015, by and between CENTEX HOMES, a Nevada general partnership, hereinafter referred to as "Developer", and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as "County". WITNESSETH: WHEREAS, Developer entered into a Contract for Construction for Final Lift of Asphalt (Contract No. SD -04 -10 -46 -FLA) guaranteeing the installation of the final lift of asphalt the earlier of 2 years from the project's Certificate of Completion (March 12, 2015) or 60 days prior to turnover to homeowner association or prior to certificate of occupancy for the last residence in this phase of the subdivision; and the Developer posted a Wells Fargo Bank irrevocable standby letter of credit in the amount of $60,456.25 (expiring on June 12, 2015) as security to guarantee completion; and WHEREAS, the developer has 1. requested an additional two-year extension to March 12, 2017 to install the final lift of asphalt, as allowed by code; 2. requested a reduction in the amount of security necessary to install the final lift of asphalt; and 3. provided an updated certified cost estimate attached as Exhibit "A"; NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES HEREIN CONTAINED, the parties agree as follows: 1. The date for completion of the final lift of asphalt as outlined in the Contract for Construction for Final Lift of Asphalt (Contract No. SD -04 -10 -46 - FLA) is extended to March 12, 2017. 1 72 2. The $60,456.25 irrevocable letter of credit on deposit for the guaranty for the final lift of asphalt may be reduced to $51,231.25 which amount represents 125% of the cost of the final lift of asphalt to be completed as evidenced by developer's engineer's certified cost estimate as approved by County engineering, attached as Exhibit "A"; and the letter of credit posted to guarantee the installation of the final lift of asphalt is to be extended 90 days beyond the newly extended date (June 12, 2017). 3. The extension fee in the amount of $660.00 established by Resolution No. 2005-041 and pursuant to Section 913.10(1)(G) of the Indian River County Code shall be paid immediately upon approval of this modification. 4. All other terms set out in the Contract for Construction for Final Lift of Asphalt (Contract No. SD -04 -10 -46 -FLA) remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written. CENTEX HOMES, a Nevada general partnership DEVELOPER By: CENTEX REAL ESTATE HOLDINGS, L.P., a Delaware limited partnership, Partner By: CENTEX REAL ESTATE CORPORATION, a Nevada Corporation, General Partner Chris Hasty Director — Land Development (South Florida) Authority: Signing Power Resolutions Adopted 9/10/09 INDIAN RIVER COUNTY, FLORIDA by and through its Board of County Commissioners ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: y:OBy.- 0 Deputy Clerk Wesley S. Davis, Chairman BCC approved: APPROVED AS TO FORM AllM'.55, F CI 2 BY -- - ---- 73 wtt.t.taM K. DEWV�AL DEPUTY COUNTYATTORNEY 0 • ENGINEER'S OPINION OF PROBABLE COST FOR PROVENCE BAY FINAL PAVING DESCRIPTION OUANITITY UNIT PRICES AMOUNT FINAL STRIPING 1 LS $1,500.00 $1,500.00 V A.C.S.C. TYPE S -III fi 150 SY$5.90 $36,285.00 SET PCP'S 1 I -S-1 $3,200.00 $3,200.00 SUBTOTAL $40,985.00 FINAL COST @ 125% $511,231.25 r- X I r T "All Z JI� STATE OF t -b •'. ••'•.10R1�I;•'• N .• �1�, '•rr••r•r• �•ffUHltlt�t Mark Smiley, P.E. Smiley & Associates, Inc. EB#8613 PAGE 1 2rcwmi s 74 7J INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: February 24, 2015 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Servicesl` , Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager Aw Subject: Work Order No.1 with Kimley Horn and Associates for Water Distribution System Water Quality and Corrosion Coupon Investigation DESCRIPTIONS AND CONDITIONS: On July 17th, 2012, the Indian River County Board of County Commissioners (BCC) approved Work Order No. 3 with Kimley-Horn and Associates, to provide professional services to design and implement a lime softening and carbon dioxide injection system at both water treatment plants. On May 7th, 2013 the Indian River County Board of County Commissioners (BCC) awarded the contract for the Water Plants Lime Slurry Injection Project to R.J. Sullivan Corporation. The construction is complete and the BCC approved the final pay to R.J. Sullivan Corporation on December 2nd, 2014. This highly sophisticated water stabilization system incorporates a lime slurry solution and carbon dioxide into the finished water in order to increase hardness and alkalinity of the drinking water. This system was installed as a replacement to the zinc orthophosphate corrosion inhibitor system and is intended to improve the scaling potential and reduce the corrosivity of the membrane treated finish water. The County intends to conduct specific testing of the distribution system to validate the effectiveness of the water stabilization system. The testing will be conducted through corrosion monitoring via coupons. Corrosion coupons are the simplest and most commonly used form of corrosion measurement today. Corrosion coupons are small bars of various metals or alloys that are introduced into the system through a side stream coupon rack. ANALYSIS: Staff requested that Kimley-Horn prepare a proposal to evaluate the stability of the water within the distribution system via coupon testing. The scope of the evaluation is more specifically described in the attached Work Order No.1. On November 4th, 2014, the Indian River County Board of County Commissioners approved the Extension and Amendment of the Continuing Contract Agreement for Professional Services with Kimley-Horn and Associates. The total negotiated cost for the Water Distribution System Water Quality and Corrosion Coupon Investigation is a lump sum amount of $32,900.00. Consultant will prepare up to four copies of a corrosion study technical memorandum summarizing the results of both phases of the 120 day investigation and characterizing the potential 75 for lead and copper corrosion of the finished water. FUNDING: Funds for this project are derived from the other professional services account in the operating fund. Operating funds are generated from water and sewer sales. ACCOUNT NO: Description Account Number Amount Other Professional Services 47123536-033190 $32,900.00 RECOMMENDATION: Staff recommends approval of the attached Work Order No. 1 authorizing the above-mentioned professional services and requests the Board to authorize the Chairman to execute the attached Work Order No. 1 on their behalf for a sum amount of $32,900.00 to Kimley-Horn and Associates. ATTACHMENT(s): Work Order No. 1 and supporting documents (4 Pages) APPROVED FOR AGENDA: By: Joseph A. Baird, County Administrator Date Indian River Co. Approv Date Administration W 3)5/6' Legal 1 Budget Cw In Utilities 5,14d Utilities -Finance h d 3'ZJ15 F:\Utilities\UTILITY - Engineering\WATER\WTP - North RO\Lime Slurry Injection Project -UCP 2715\Admin\Agenda - WO No.1-Water Quality & Corrosion Coupon Investigation.docx 76 WORK ORDER NUMBER 1 Water Distribution System Water Quality and Corrosion Investigation This Work Order Number 1 is entered into as of this _ day of , 201_, pursuant to that certain Continuing Contract Agreement for Professional Services, dated November 15, 2011, and that certain Extension and Amendment of Continuing Contract Agreement for Professional Services entered into as of this 4`h day of November, 2014 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn and Associates, 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: Kimley-Horn and Associates, Inc. Title: Vice President By: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Wesley S. Davis , Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: oseph . Baird, County Administrator Approved as to form and legal sufficiency: / �f ,!Dylan T. Reingold, County Attorney H 77 v • EXHIBIT #A Work Order Number 1 Water Distribution System Water Quality and Corrosion Coupon Investigation PROJECT UNDERSTANDING Indian River County Utilities recently completed installation of two finish water stabilization projects at the North Hobart and South Oslo Rd water treatment plants. The systems installed utilize carbon dioxide (CO2) addition and lime slurry injection for purposes of increasing hardness and alkalinity of the drinking water. This system was installed as a replacement to the zinc orthophosphate corrosion inhibitor system and is intended to improve the scaling potential and reduce the corrosivity of the membrane treated finish water. There is a desire to conduct coupon testing and evaluate corrosion potential within the water distribution system to insure water quality remains consistent and non -corrosive throughout the entire distribution system. The following scope consists of conducting coupon testing and a corrosion investigation of the water distribution system at each of the two water treatment facilities. The phasing will include coupon testing with 1) the current water plant operation using lime and carbon dioxide with corrosion inhibitor, and 2) increased lime and carbon dioxide feed without corrosion inhibitor. SCOPE OF SERVICES TASK 1— Evaluate Distribution System Water Quality Consultant will review water system quality testing and coordinate with staff to collect available information regarding lead and copper testing, DBP testing, and bacteriological testing within the service area. Consultant will provide recommendations for additional parameters to be tested in the distribution system. Consultant will review results and provide recommendations for adjustment of post- treatment chemical dosages (lime, CO2, etc.) and operations of each of the water plants to achieve a consistent, non -corrosive, slightly scale -forming water quality. Consultant will organize and review the information in order to develop tendencies and/or identify trends in consistent test results. The intent is to determine trends, discrepancies, inadequate data, and other findings that will contribute to understanding the historical values for corrosivity within the service area. K:\WPB_Civil\General\Miller\Indian River County\Proposals\2015 Coupon Testing IRCU rev3.doc 78 TASK 2 — Coordinate Coupon Corrosion Test Rack Installation and Testing Consultant will coordinate installation of up to two (2) coupon test racks at each water plant site, consisting of water supply, sample water disposal, power supply and monitoring. Consultant will prepare a schematic design for the recommended coupon test unit configuration. Indian River County Utilities (IRCU) will fabricate and be the Owners of these racks. Consultant will coordinate with IRCU specific location of the rack installation at two (2) locations; North Hobart water plant South Oslo Rd. water plant Consultant will assist IRCU staff in the supervision of the corrosion study and provide limited supervision of operation of copper corrosion testing unit. Water treatment staff will manage the day to day operations, sampling, and data collection from the pilot unit. This proposal assumes that the county laboratories staff will perform the analytical testing associated with temperature, alkalinity, hardness (Ca and Total), chloride, sulfate, copper, free chlorine and pH. This proposal also assumes that IRCU operating staff will add chemicals to their devices as required to maintain pH and water quality targets. Any testing that is not able to be performed by the County laboratory will be performed by an independent testing laboratory retained and paid by the County. O This proposal assumes that the coupon testing will be continued over a 4 to 6 month period for each phase of testing, for a total of 8 to 12 months. The program for specific water quality parameters to be tested and their duration will be developed as a part of our work on Task 1. It is assumed that the coupon test unit will be operated and cycled when exposed to free chlorine disinfectant. 0 It is assumed that each water plant site will include two racks; one blank and one with suggested corrosion inhibitor. Each rack will include mild steel, lead, copper, and ductile iron (cement -lined) sets of coupons. One rack, two locations, for remote sites will be utilized and monitored also. Coupon racks will be fabricated by IRCU and coupons provided by American Water Chemicals, Inc. (AWC), or equal. Coupons will be tested by a third party in accordance with ASTM standards and cleaned in accordance with ASTM G1. It is assumed that coupons will be pulled and tested at 30, 90, and 120 day time frame. The cost of coupon samples will be borne by IRCU. Consultant will attend kick off meeting with staff to discuss installation and monitoring of test racks with IRCU staff. It is assumed that test racks will be delivered to each site and setup and installation will be connected with IRCU staff support. K:\WPB_Civil\General\Miller\Indian River County\Proposals\2015 Coupon Testing IRCU rev3.doc 79 TASK 3 — Evaluate 30 -day, 90 -day, 120 -day Coupon Test Results Consultant will coordinate 30 -day coupon testing and evaluate results of the coupon tests for two phases of testing as described herein. Consultant will review 30 day test results to determine if feed rates of corrosion inhibitor are adequate, and determine if additional adjustments to the test rack are necessary. The cost for testing will be by IRCU. Consultant will determine if 90 day or 120 -day coupon testing is advisable based on the 30 -day test results. Consultant will evaluate the 30 -day and 90/120 day test results and provide a summary of the results for both phases of testing. TASK 4 — Prepare Summary Report and Recommendations Consultant will prepare up to four copies of a corrosion study technical memorandum summarizing the results of both phases of the 120 day investigation and characterizing the potential for lead and copper corrosion of the finished water as well as the impacts the corrosion inhibitors can have on that projected corrosion. Consultant will review and meet to discuss the results and receive comments. Consultant will attend one review meeting with IRCU staff. Recommendations may consist of further coupon testing, or further adjustments to finish water quality goals. Consultant will provide four (4) copies of final report and electronic version in pdf format. SCHEDULE Consultant will complete these tasks in a timely manner and mutually agreed upon schedule. It is anticipated that the scope of services will be complete within eight (8) to twelve (12) months. FEE SCHEDULE Consultant will provide these services in accordance with our Continuing Services Contract Agreement for Professional Services dated November 15, 2011, extended and amended November 4th, 2014, with Indian River County. TASK 1 Evaluate Distribution System Water Quality $ 4,700 TASK 2 Coordination - Test Rack Testing $13,100 TASK 3 Evaluate 30 -day, 90/120 -day Coupon Test Results $ 5,500 TASK 4 Prepare Summary Report and Recommendations $ 9,600 C TOTAL $32,900 K:\WPB_Civil\General\Miller\Indian River County\Proposals\2015 Coupon Testing IRCU rev3.doc 80 • c. ADDITIONAL SERVICES The following services can be provided as additional services under separate future task order: • Further testing beyond what is listed herein can be provided as additional service. • Additional meetings with IRCU staff, if applicable. • Design of chemical feed systems or alternate treatment systems • Construction of a coupon test unit is not included • Coupon costs not included. K:\WPB_Civil\General\Miller\lndian River County\Proposals\2015 Coupon Testing IRCU rev3.doe 81 c n CONSENT AGENDA G INDIAN RIVER COUNTY, FLORIDA C AGENDA ITEM O Assistant County Administrator / �ortiv Department of General Services To: The Honorable Board of County Commissioners Thru: Joseph A. Baird, County Administrator From: Michael C. Zito, Assistant County Administrato Date: March 3, 2015 Subject: Agreement for Food Concession Services and Lease Between Indian River County and DiMichelli's Catering, Inc. BACKGROUND: On February 17, 2015, the Board of County Commissioners approved award of Bid #2015024 for Lessee to Provide Food Concession Services at Sandridge Golf Club to DiMichelli's Catering, Inc. DESCRIPTION AND CONDITIONS: The terms of the Lease Agreement are substantially consistent with the terms of the sample agreement advertised with the Request For Proposals. It calls for an initial 5 year term with 5 optional 1 year renewal periods. Monthly rents will be calculated at 10% of the gross food and general beverage sales plus 15% of the alcoholic beverage sales from whatever source generated at Sandridge Golf Club. The attached agreement for operation of concession services at Sandridge Golf Club commences on April 1, 2015. RECOMMENDATION: Staff respectfully requests that the Board authorize its Chairman to sign the Agreement. DISTRIBUTION: Bela Nagy, Sandridge Golf Approved Agenda Item BY: Ch2't:) 3 .cam C Joseph A. Baird County Administrator FOR: March 10. 2015 Indian River County Approved Date Administration I �5- County Attorney Budget Department Risk Management F:\Assistant County Administrator\AGENDA ITEMS\2015\BCC 03 MAR 2015\BCC Memo - Agreement for Food Concession Services with DiMichelli's Catering Inc.doc 82 ® AGREEMENT FOR FOOD CONCESSION SERVICES AND LEASE BETWEEN INDIAN RIVER COUNTY AND DI'MICHELLI'S CATERING, INC. THIS AGREEMENT For Food Concession Services and Lease (the "Agreement") is entered into by and between Di'Michelli's Catering, Inc., a Florida Corporation, 9425 Meadowood Drive, Ft. Pierce, FL 34951 (the "Concessionaire") and Indian River County, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, FL 32960, (the "County") as of the date set forth below as the effective date (the "Effective Date"). BACKGROUND FACTS WHEREAS, Concessionaire is desirous of entering into this Agreement for Food Concession Services and Lease at the Sandridge Golf Club and has represented to the County that it has the competency and experience to perform the services set forth in this agreement; and WHEREAS, the County is the owner of Sandridge Golf Club, 5300 73rd Street, Vero Beach, Florida, 32967 and desires to engage Concessionaire to provide services to the County as more particularly described in this Agreement; and WHEREAS, Sandridge Golf Club accommodates approximately 95,000 rounds of golf annually including over forty golf tournaments and outings per year; and WHEREAS, the County's intent is to select a concessionaire to provide golf course patrons and employees with high quality service and food at an economical price; and, WHEREAS, the concession and food service area has been operated since the golf �r course first opened in 1987 and it is the desire and intent of the County to enter into this agreement and contract for food service for the facility operated within the Snack Bar and on the golf course at Sandridge Golf Club based on 1,705 square feet of space in the clubhouse and (2) 18 hole golf courses; and WHEREAS, Concessionaire and the County's contact information regarding this Agreement is: FOR COUNTY: Indian River County 1801 27`h Street Vero Beach, Florida 32960 TELEPHONE: (772) 770-5003 FAX: (772) 770-5109 FOR CONCESSIONAIRE: Di'Michelli's Catering, Inc. 9425 Meadowood Drive Ft. Pierce, FL 34951 TELEPHONE: (772) 465-7022 FAX: (772) 466-8066 NOW THEREFORE, in consideration of the mutual benefits to be derived from this agreement and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties, intending to be legally bound agree as follows: 1-1 83 L SECTION I - LEASE Background Facts. The Background Facts are agreed to be true and correct are incorporated herein by this reference. 1. Property and Term of Lease. The County leases to Concessionaire and Concessionaire leases from County, the snack bar/concession area at Sandridge Golf Club consisting of approximately 1705 sq. ft. of space inside the Golf Club, as more particularly described on Exhibit "A" attached hereto and by this reference incorporated herein, for a term of sixty (60) months commencing on April 1, 2015 and terminating on March 31, 2020. Concessionaire shall be permitted to operate at other locations at Sandridge Golf club subject to the designation and approval of the County. 2. First Month's Rent. The rent shall be paid as follows: Concessionaire agrees to advance a good faith estimate of the first month's rent in the amount of Two Thousand Dollars ($2,000.00) due on before April 1, 2015 to be offset and adjusted against the actual rent due and payable in accordance with the successive recurring monthly rent calculation as particularly described in Section 3 below. 3. Recurring Monthly Rent Calculation. The monthly rent shall be payable at the rate of ten (10) percent of all food and non-alcoholic beverage gross income and fifteen (15) percent of alcoholic beverage gross income (from whatever source including but not limited to special events and vending operations) per month payable in arrears on the fifth day of each month. If the fifth day of the month is a Saturday, Sunday or a holiday recognized by the County, then on the next business day. After the 5h of the month, a late fee of $50.00 per day will be assessed. The monthly rent payment shall be accompanied by a monthly report of daily receipts in a form similar to the report attached to this lease as Exhibit `B". Daily dated cash register tapes or copies thereof shall be attached to the monthly reconciliation report or retained by Concessionaire for a period of three (3) years and made available for examination to the County upon 24-hour request. The parties agree to make best efforts to connect all transactions contemplated by this Agreement into any "point of sale" system utilized by the County in the Pro Shop and Golf operations. 4. Length of Lease. The Agreement shall be for an original fixed term of five (5) years from the date of execution subject to early termination pursuant to its term, and thereafter renewable for successive one (1) year terms for a maximum term of ten (10) years. However, the County may extend or renew this Agreement with Concessionaire if deemed to be in the best interest of Indian River County. Renewal of the mutually agreeable terms and conditions shall be completed sixty (60) days prior to each Agreement period. 5. Security Deposit. Concessionaire shall pay a security deposit to the County in the amount of $1,000.00. The security deposit is refundable upon termination of this Agreement after satisfactory inspection of the leased premises by County. 6. Use of Leased Premises. During the term of this Agreement, Concessionaire shall use the leased premises for operation of a food concession and banquet facility, etc. Concessionaire 2 84 r� shall not use the premises, or any part thereof, or permit the same to be used for any illegal, immoral, or improper purposes; not to make, or permit to be made, any disturbance, noise, or annoyance whatsoever detrimental to the premises or the comfort and peace of the inhabitants of the vicinity of the premises. Concessionaire may use the leased premises only for Golf Course events and not for any other purpose without prior permission. 7. Business Interruptions. If the golf course is closed due to hurricane or natural disaster, Concessionaire shall receive a credit on its rental payment for each day that the course is closed. The amount of the credit will be based on the daily receipts of the previous week. 8. Utilities, Tables and Beverage Cart. County will provide electrical service, water and sewer services for the leased premises. The County will furnish seating and tables for patrons. County will furnish at least 1 Beverage Cart for use by Concessionaire to sell food, snacks and drinks to golfing patrons at a minimum of 2 days a week. 7. Assignment and Subletting. Concessionaire shall not assign this Agreement or any part thereof to any other person, firm or entity without the County's written permission. Any attempted assignment of the Agreement shall be void and may, at the sole option of the County, be deemed an event of default under the lease. 8. Prohibition on Encumbrances. Concessionaire shall not mortgage, pledge, or encumber the Agreement, in whole or in part, or the leasehold estate granted under the Agreement, to any other person, firm or entity. Any attempt to do so shall be void and may, at the sole option of the County, be deemed an event of default under the Agreement. This covenant shall be binding on Concessionaire's successors in interest. 9. Employees Hired by Concessionaire. All Concessionaire's employees shall be considered to be at all times its sole employees and not employees or agents of Indian River County. Information regarding an employee's experience and qualifications shall also be furnished to County prior to hiring. 10. Complaints Concerning Operations. The County or its representative may submit a written report to Concessionaire enumerating problem areas encountered. Concessionaire will provide written documentation of action to be taken to resolve problems. 11. Termination of Contract. The County reserves the right to terminate this agreement at any time upon a finding of just cause that the Concessionaire has violated the terms of this Agreement which may be appealed to the Board of County Commission upon receipt of written notice from the Concessionaire within 10 days after the postmarked date of mailing a written notice of termination from the County. 12. Bankruptcy. If Concessionaire is adjudged bankrupt, either voluntary or involuntary, the County may terminate this Agreement effective on the day and time the bankruptcy petition is filled and the County may proceed to provide service as previously outlined. 13. Right to Inspect. The Landlord may enter and inspect the leased premises at all reasonable hours to insure the premises is being properly maintained and kept in good condition. 3 85 0 SECTION II - FOOD CONCESSION OPERATION 1. Services. During the Term of this Agreement, Concessionaire agrees to provide to County the services, including all labor, materials, and supplies required to perform such services, described in the RFP Number 2015024 and Concessionaire's Response to RFP Number 2015024 incorporated by reference herein subject to the specific terms and conditions of this Agreement. 2. Equipment. The County will provide the current equipment for use by the Concessionaire until they need to be replaced. See Exhibit C for a list and life expectancy of the current equipment. Concessionaire shall be responsible for the maintenance of all equipment and for its replacement. Concessionaire shall be responsible for all food preparation equipment needed to operate the facility including but not limited to coolers, sinks, refrigerators, sandwich preparation station, ice machines, etc. This equipment shall include any safety or fire prevention equipment necessary for proper operation. Concessionaire shall furnish all equipment, food, service products, labor and supervision necessary to maintain a food service in an efficient operation. Outside ventilation is not provided. No cooking equipment that requires ventilation such as flyers or grills will be permitted inside the building but such equipment may be used outside of the building. 3. Tournaments and Special Events. Sandridge Golf Club hosts approximately 40 tournaments and special events ("special events") annually. Often times the special events call for breakfast, lunch and/or dinners to be offered to the special event sponsor. The Management of Sandridge Golf Club reserves the exclusive right to offer Concessionaire the opportunity to provide food and beverage services for each special event held at Sandridge Golf Club. Some conditions may be unique to each event and subject to terms mutually agreed upon by Sandridge and Concessionaire. Should the parties fail to reach mutually acceptable terms on any special event, Sandridge may seek an alternate vendor to provide food and beverage services for that special event. Under this election, Sandridge reserves the right to utilize the seating area of the leased premises excluding the use of any equipment owned by the Concessionaire. The election by Sandridge to utilize an alternate vendor for any given special event shall not affect the Concessionaire's right of first refusal to provide food and beverage services at any future special event. Nothing herein shall prohibit Sandridge from providing or accepting donations of food and beverage items for the benefit of any Special Event or Tournament. a. The County will coordinate with Concessionaire to develop a variety of meal and snack menu choices with per person pricing that can be offered to the special event sponsor. Golf Club management will work with the special event sponsor to work out details in reference to beverage distribution and food service for the special event. Sandridge staff will provide Concessionaire with the menu selection and a good faith estimate of the number of meals to be served seven (7) days in advance of the special event. This figure will be updated throughout the week preceding the event, and the final number of meals will be conveyed to Concessionaire on the morning of the special event. The final number of meals will determine the amount Concessionaire will be paid for the special event. 4 86 b. Special event sponsors shall be permitted to offer nominal food and beverage items (such as bottled water, fruit and snacks) to special event participants. Concessionaire shall not be required to assist in distribution of the nominal items. c. The County also reserves the right to use the seating area at no charge for periodic employee meetings and seminars that are deemed to be in the best interest of the County. 4. Daily Menu. At a minimum, Concessionaire shall furnish the following recommended minimum merchandise or other similar type of services for the needs and convenience of the employees and general public at the Sandridge Golf Club. • Food capable of being cooked on a propane gas grill such as hamburgers, chicken and BBQ; delicatessen style sandwiches, hot dogs, chips, candy, soups, salads, donuts, condiments, bagels and other miscellaneous food products. • Beverages (Coke and/or Pepsi, coffee, soft drinks, etc.). • Vending machines for cold beverages and miscellaneous snacks shall be furnished, serviced and maintained. These machines will be located with the approval of the Manager of Golf Operations. A sample menu and price schedule are attached to this agreement. Changes to the menu and price schedule shall be made with the consent of the Golf Course Director, which shall not be unreasonably withheld. 5. Sale of Alcoholic Beverages. Concessionaire may sell alcoholic beverages by obtaining and maintaining its own 4COP liquor license. The terms of this license mandate that 51% of the concessions sold consists of food and there is a minimum seating capacity of 150 persons. Concessionaire shall be responsible for the annual liquor license renewal fee. Concessionaire will sell all alcoholic beverages in strict accordance with the laws of the State of Florida and in strict accordance with all guidelines set forth by the County. Violation of this part of the Aareement shall be cause for immediate termination of this Agreement. A. Concessionaire must provide Alcohol Compliance Training in accordance with the Florida Responsible Vendor Act (F.S. 561.701-706) using services to train employees on the Beverage Laws of the State of Florida. B. Concessionaire will be required to pay all taxes and timely remit any reports or paperwork associated with the sale of alcoholic beverages. Concessionaire shall maintain accurate records relating to the sale of alcoholic beverages. 6. Hours of Operation. Concessionaire shall operate the concession stand at a minimum from 6:45 am to 5:30 pm each day of the year except for Christmas Day. The Director of Golf or Manager of Golf Operations may require a change in days and hours of operation if such a change is desirable in providing the best service to the public. 7. Operation during Emergency. During any federally, State, or locally declared emergency or disaster, the County reserves the right to have the full and exclusive use of the 5 87 %NW Leased Premises for as long as reasonably necessary as the County, in its sole discretion, shall determine, for any appropriate governmental purposes in connection with such Emergency. Concessionaire shall pay no rent during said period. Concessionaire understands that the County has response and recovery obligations before, during and in the immediate aftermath of an Emergency, and that providing for part of the County's food and beverage needs shall be the top business priority of Concessionaire during the Emergency. At the County's request, Concessionaire shall cooperate with the County in Emergency food and beverage planning and shall be open for business during the hours that the County requires in connection with any Emergency to provide food and beverage service, even if the hours required are different from the hours stated otherwise in this agreement. In the event of an Emergency, the County and Concessionaire will mutually agree on the terms, conditions and payment for Concessionaire's service to County. 8. Improvements. On or before October 31, 2015, Concessionaire shall make at a minimum $20,000.00 worth of improvements (not including maintenance and upkeep) to the leased premises. Concessionaire agrees that all improvements and any changes made to the facility shall be at its sole expense and must have the prior approval of the Manager of Golf Operations or his representative. Further, the forgoing approval shall not be deemed to be the approval of the County Building Department or any other regulatory arm of government. 9. Occupational and Other Taxes. Concessionaire shall have a current business tax receipt for each year of the lease term and pay all taxes which shall be imposed or assessed by any and all governmental authorities in connection with the business or operation conducted under this agreement. 10. Compliance with Laws. Concessionaire shall meet all federal, state, county and municipal laws, ordinances, policies, and rules applicable to the operation of the concession. 11. Public Relations. Concessionaire shall maintain good public relations with users of the facility and cooperate with Indian River County officials in all matters pertaining to the area. 12. Garbage and Disposal. Concessionaire shall comply with the standards of franchise garbage and disposal collection specifications. 13. Personal Property. Any and all personal property placed on the premises by the Concessionaire or her employees shall be at their own risk and the County shall not be liable for any damage or loss to said personal property for any cause whatsoever. 14. Appearance of Employees. All of Concessionaire's service employees must be dressed in uniform fashion while on duty. The uniforms must be approved by the County in advance. These employees must always be neat in appearance and present themselves in a manner that is pleasing to the public. They must also abide by all of the standards set forth by the State of Florida for Food Preparation and Service. 6 88 I R SECTION III - INSURANCE 1. Indemnification and Insurance. Concessionaire shall not commence work until all the insurance required under this section has been obtained, and until such insurance has been approved by the County. Concessionaire will purchase and maintain such insurance as follows: A. Workers' Compensation Insurance: Concessionaire shall procure and maintain workers' compensation insurance to the extent required by law for all her employees to be engaged in work under this agreement. In case any employees are to be engaged in hazardous work under this contract and are not protected under the workers' compensation statute, the Concessionaire shall provide adequate coverage for the protection of such employees. B. Public Liability Insurance: Concessionaire shall procure and shall maintain broad form commercial general liability insurance (including contractual coverage) and commercial automobile liability insurance in amounts not less than shown below. The County shall be an additional named insured on this policy with respect to all claims arising out of the operations or work to be performed. C. Commercial General Liability (other than automobile) i) Premises/Operations ii) Independent Contractors iii) Products/Completed Operations iv) Personal Injury v) Contractual Liability vi) Liquor Liability D. Business Auto Liability i) Owned/Leased Automobiles ii) Non -Owned Automobiles iii) Hired Automobiles $500,000 combined single limit for bodily injury and property damage $1,000,000 $500,000 combined single limit for bodily injury and property damage 2. Proof of Insurance. Concessionaire shall furnish the County a certificate of insurance in a form acceptable to the County for the insurance required. Such certificate or an endorsement provided by Concessionaire must state that the County will be given thirty (30) days written notice prior to cancellation or material change in coverage. Copies of an endorsement naming County as Additional Insured must accompany the Certificate of Insurance. 3. General Requirements of Insurance. Any deductibles or self insured retentions greater than $5,000 must be approved by the Risk Manager for Indian River County with the ultimate responsibility for same going to Concessionaire. Concessionaire's insurance coverage shall be primary. All above insurance policies shall be placed with insurers with a Best's rating of no less that A - VII. The insurer chosen shall also be licensed to do business in Florida. The insurance policies procured shall be per occurrence 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 within ten days of execution of this Contract. The insurance companies selected shall send written verification to the Indian River County Risk Management Department that they will provide 30 days written notice to the Indian 7 89 River County Department of Risk Management of its intent to cancel or terminate said policies ofinsurance. A. Concessionaire hereby agrees to indemnify Indian River County and Representatives thereof from all claims arising solely from intentional, reckless or negligent acts, errors or omissions of the Concessionaire or Concessionaire's Representatives in the performance of services under this agreement and for which Concessionaire is legally liable. 2. Insurance Requirements for County. Concessionaire acknowledges that County is a political subdivision of the State of Florida and as such, is entitled to certain protection from liability under Florida law. To the extent allowed by law, the County hereby agrees to indemnify Concessionaire from claims arising from the negligent acts, errors or omissions of the COUNTY in the performance of the services under this agreement and for which County is legally liable. Additionally, the County hereby states that its improvements are adequately insured against loss whether through self insurance or excess coverage. 3. Indemnification of County. Concessionaire shall indemnify and hold harmless the County from all suits, actions or claims including reasonable attorney's fees, of any character brought on account of any injuries or damages received or sustained by any person, persons, or property by or from the said successful bidder or by or in consequence of any liability losses, misconduct or negligent act or omission of Concessionaire, her agents or employees in connection with the operation of the food service concession. 4. Notice of Claims. County and Concessionaire shall give prompt notice to the other of any third party claims made against either or both of them, and shall cooperate fully with each other and with any insurance carrier to the end that all such claims will be properly investigated, defended and adjusted. 5. Failure to Maintain Insurance. Failure to maintain such insurance will be deemed as a cause for termination of this agreement. SECTION IV - COUNTY RESPONSIBILITIES 1. Obligations to Provide Facilities. County, at its sole cost and expense, shall be responsible for providing safe and adequate facilities required by Concessionaire to perform the Services under this Agreement. These facilities shall include, without limitation, workspace and other facilities that adhere to current federal and state safety standards. County shall cooperate at all times with Concessionaire to provide a safe and adequate work environment for Concessionaire's employees and others who work on or around the Course. Concessionaire has inspected County's facilities and agrees that they are adequate facilities needed to perform the services under this agreement and the facilities adhere to current federal and state safety standards. 2. Emergency Maintenance. At any time during this agreement, if the County determines that any portion of the golf club house is in immediate jeopardy of sustaining some type of serious harm due to a maintenance failure of Concessionaire, the County may utilize its own work force to go on the leased premises and perform such tasks as are necessary to prevent such 8 90 serious harm from taking place. The costs of such preventative maintenance shall be itemized by the County and submitted to Concessionaire, which shall be paid within thirty days. SECTION V - DEFAULT, REMEDIES 1. Default by Concessionaire. In the event Concessionaire is in default under the terms of this Agreement, after thirty (30) days written notice and opportunity to cure, County may, in addition to any right of termination provided in this Agreement, maintain an action for damages arising from the default. 2. Default by County. In the event that County is in default under the terms of this Agreement after any grace period or notice and cure period expressly provided herein, Concessionaire may, in addition to any right of termination contained in this Agreement, exercise any right or remedy available at law or equity including, without limitation, an action for damages arising out of the breach. MCMI Y C1WNWJ EtM-001" W OX111KI 1. Any written consent, approval or instruction issued by County's representation identified in Recital C of this Agreement shall be binding to the same extent as if given by County. County may change the designated County's representative by written notice to Concessionaire. 2. In connection with this Agreement, the parties agree to cooperate in good faith and to IL perform no act, or allow any omission, which would inhibit the other party from performing its obligations under this Agreement. 3. This Agreement, together with the Exhibits and Response to Request for Proposal constitutes the entire agreement between the parties with respect to the subject matter hereof and merges all prior and contemporaneous communications. This Agreement shall not be modified except by a written agreement dated subsequent to the date of this Agreement and signed on behalf of County and Concessionaire by their respective duly authorized representatives. 4. Any notice which either party is required or may desire to give to the other under this Agreement shall be in writing and shall be given by registered or certified mail, return receipt requested, postage prepaid, addressed to the party at its address shown on the First Page of this Agreement. If County or Concessionaire wish to change its respective address for purposes of notice under this Agreement, they may do so by giving to the other written notice of change of address. 5. Nothing in this Agreement shall be construed to create a partnership, a joint venture or agency relationship between the parties. Neither party shall have any authority to enter into agreements on behalf of the other, or otherwise to bind or obligate the other in any manner. The language of this Agreement shall not be construed more strongly against either party, regardless of which party is responsible for its drafting. 6. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no 9 91 waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. 7. The parties agree that any litigation arising from this Agreement shall be brought in Indian River County Florida. 8. In the event of acts or occurrences not caused by County or beyond the control of Concessionaire, including, without limitation, acts of God, fire, flood, hurricanes, ice storms, severe, unusual or unseasonable weather or climatological changes that prevents Concessionaire from performing its duties under this agreement, Concessionaire shall be excused from the performance under this Agreement during the period of such acts or occurrences and for reasonable times thereafter, unless Concessionaire and County can agree on such other duties that can be performed by Concessionaire. If Concessionaire is unable to perform its duties under this agreement for more than 15 consecutive days due to the acts or occurrences, County may terminate this agreement. 9. In the event of the sale or other transfer of control over the Course, County will assign this Agreement to the purchaser or transferee, and upon such assignment and the written assumptions by the purchaser of all the obligations of County to Concessionaire hereunder, County shall be fully released and relieved of all obligations hereunder arising from and after the date of the assignment. 10. Concessionaire shall be responsible for obtaining, and shall pay for, any such permits, is fees, and licenses required to operate all business contemplated by this Agreement. 11. Concessionaire agrees to maintain all books, documents, papers, records, and accounts pertaining to work performed under this Agreement, including property, personnel, and financial records, as are deemed necessary by the County to insure proper accounting for all funds expended under this Agreement and in such a manner as will readily conform to the terms of this Agreement. Said records and materials shall be available, upon request for audit or inspection purposes to Indian River County, its authorized representatives, and its auditors at Concessionaire's office at all reasonable times during the term of this Agreement, and for three (3) years from the date of final payment. 12. Concessionaire agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, national origin, or disability, and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age, national origin or disability. 13. It is agreed by the parties that, at all times and for all purposes within the scope of this Agreement, the relationship of Concessionaire to the County is that of independent contractor, and not that of employee. 14. If any of the provisions contained in this Agreement are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalid, illegal, or unenforceable provision shall not 10 92 • 0 affect any other provision, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. REMAINDER OF PAGE LEFT BLANK 11 93 In witness, the County and Concessionaire have caused these presents to be executed in their names the year first written above. Concessionaire BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Di'Michelli's Catering, Inc. Juliann Freitas, President WITNESS: WITNESS: 0 Approved as to form and legal sufficiency 0 a_ cc William K. DeBraal Deputy County Attorney E 30-M Wesley S. Davis, Chairman Board of County Commissioners Approved by the BCC: ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller 12 Deputy Clerk of Court APPROVED: rephird, County Administrator 94 EXHIBIT A 1 (�, SHOWER Fi i W.C.O 3 - X)` 7VTR I 3' - P5 EVJC l P3 LAV TP i 4 LA LI 2 VT 3, PI WC00 � Ps ww .;moi — I t �: Z __j siw sw 4' 3T -D_2 TV E WOT E Cw -- SLPPLY TO KITCL8 95 Ln O \ O O kn O N c --I O O 11 EXHIBIT B - (Page 1 of 3) L Y G1 41 � L U Z co u U U o Ln O C o O Ln N Q Q J _ N O N t f6 X O N Q N O N N Ln v O L fD O t 0 O a Q `i' Q _0 Q v o kA 0 m J U- Z o O LL -p O 4J L + O v LL Z Q m N OZS O N 0 Q9 O (0 O O Z > N LL Q H LL m N v Inx M Q) Z N _N H to vi ~ J O N ~ o t0 N vNi GJ J � f - N N N ai Ln o m N �- N (7 N N p 4� N O Q) f6 C W i 96 :, EXHIBIT B - (Page 2 of 3) 97 CU v E U Z io u U +� � U OC O H Ln O rI '� t o O N O Ln Q J a N t m x' O vn m U N Q N N O O c � U c H tJ r o o mCU LL z o 11O - N CU o Z o v N Q ILL m Al N / 06 ° a ° o m m -- N N Z N - N m m m N 0 J � � X m Ln ~ J � N m tJ1 IA N O tn N m (n IL V I � vl m 0 c! v W 97 Ln O N O m \ rD IL, ^ O \ O \ O 4. EXHIBIT B - (Page 3 of 3) a• U � Q1 E L � Z Q) co v u �L u I o .moi L Lo O N ° Ln a a Q J H v O V) m � u ,� F— Q y Ln O p L i (D Ln W O u Q o m L v) (O Z O ~ -a J p O m o 7 W J U- Z O L.L -- Q cz O on N -0O p N cu! W ,0 Z Q U V) Zco m l a O L O` Q) O Ili 0 Z Q N� H LL0 O v m N ++ Q) Z m Nx M ~ a� ro l/) H N N O J x t0 X f0 N N ~ m J to N Gl `n O Ln l7 v O ` Y N O W LL F - (Qj cui o V O a• EXHIBIT C LIST OF CURRENT EQUIPMENT IN SNACK BAR AT SANDRIDGE GOLF CLUB EQUIPMENT TO BE MAINTAINED BY CONCESSIONAIRE NAME OF EQUIPMENT DATE PURCHASED ASSET # Beer Dispenser 11/30/2004 22237 Hobart 161 Meat Slicer 9/16/1987 9362 Sandwich Prep Table 2/5/2007 23645 EQUIPMENT PROVIDED BY COCA-COLA Two (2) Refrigerated Beverage Coolers Fountain Soda Machine Fountain Soda Gun Ice Bin EQUIPMENT TO BE OWNED AND MAINTAINED BY COUNTY Ice -O -Matic Ice Machine 8/16/2012 26525 WALK-IN COOLER 01/2015 99 CONSENT 3 f INDIAN RIVER COUNTY MEMORANDUM TO: Joseph Baird, County Administrator FROM: Colleen Peterson, Human Resources Manager DATE: March 9, 2015 SUBJECT: Authorize County Administrator to Execute the Business Associate Agreement and Confidentiality Agreement pertaining to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Staff seeks approval for the County Administrator to execute the Business Associate Agreement and Confidentiality Agreement pertaining to HIPAA at the March 17, 2015 regular meeting of the Board of County Commissioners. Background The Business Associate Agreement and Confidentiality Agreement are required in order to comply with requirements under HIPAA, as amended by the Health Information Technology for Economic and Clinical Health Act (HITECH). The Privacy Rule establishes national standards to protect individuals' medical records and other personal health information. The Privacy Rule applies to health plans, health care clearinghouses, and health care providers that conduct health care transactions electronically. The HIPAA Privacy Rule requires appropriate safeguards to protect the privacy of personal health information, and sets limits and conditions on the uses and disclosures that may be made of such information without patient authorization. The HIPAA Rules require that covered entities and business associates enter into contracts with their business associates to ensure that the business associates will appropriately safeguard protected health information (PHI). The business associate contract also serves to clarify and limit, as appropriate, the permissible uses and disclosures of Protected Health Information by the business associate, based on the relationship between the parties and the activities or services being performed by the business associate. The Business Associate Agreement will protect Indian River County BOCC and the Gehring Group with regard to the proper handling and disclosure of PHI and Electronic PHI by the Gehring Group on behalf of BOCC. The Confidentiality Agreement is a tri -party agreement between Indian River County BOCC, Benefits Workshop (service provider) and the Gehring Group. Benefits Workshop provides the Flexible Spending Accounts (FSA) for unreimbursed medical expenses. This agreement specifies how PHI and Electronic PHI concerning employees who have FSAs or benefit policies will be handled and disclosed on behalf of Indian River County BOCC by both the Gehring Group and Benefits Workshop as our service provider. The indemnification clause in the agreement, 3.11, applies to Benefits Workshop only. Recommendation Staff recommends that the Board authorize the County Administrator to execute the agreements in order to comply with requirements under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). ATTACHMENTS: Business Associate Agreement and Confidentiality Agreement APPROVED FOR AGENDA: oseph-X Baird, County Administrator Date �. ., AA -•• L^�. F�T/lE 100 BUSINESS ASSOCIATE AGREEMENT This Business Associate Agreement (the "Agreement") by and between Indian River County BOCC, ("Client"), and The Gehring Group, Inc. ("Gehring Group") is made and entered into effective August 15, 2014. RECITALS WHEREAS, Client is a "covered entity" as those terms are defined in 45 C.F.R. § 160.103; and WHEREAS, Gehring Group provides consulting services to Client; and WHEREAS, as a result of such functions, Client has identified Gehring Group as a "business associate," as defined in 45 C.F.R. § 160.103, of Client for purposes of the privacy and security requirements under the Health Insurance Portability and Accountability Act of 1996, (HIPAA) as amended by the Health Information Technology for Economic and Clinical Health Act (HITECH) and the regulations issued thereunder; and WHEREAS, Gehring Group acknowledges that it is a business associate, as defined in 45 C.F.R. § 160.103, of Client that may create, use, or disclose Protected Health Infonnation or Electronic Protected Health Information on behalf of Client; and WHEREAS, Client desires to obtain written assurances that Gehring Group will IL safeguard Protected Health Information or Electronic Protected Health Information created or received by or on behalf of Client. �7t NOW, THEREFORE, the parties agree as follows: 1. DEFINITIONS 1.1 "Breach" shall have the meaning set forth in 45 C.F.R. § 164.402. 1.2 "Data Aggregation" shall have the meaning as the term "data aggregation" in 45 C.F. R. § 164.501. 1.3 "Designated Record Set" shall mean a group of health-related records about an Individual as provided in 45 C.F.R. § 164.501. 1.4 "Electronic Health Record" shall mean an electronic record of health-related information with respect to an Individual that is created, gathered, managed and consulted by authorized healthcare clinicians and staff. 1.5 "Electronic Protected Health Information" or "Electronic PHI" means information that Gehring Group or its agent, including a subcontractor, creates, receives, maintains or transmits from or on behalf of Client that comes within paragraphs I (i) or 1(ii) of the definition of "protected health information" at 45 C.F.R. § 160.103. Page 1 of 8 17535410v.1 101 1.6 "Genetic Information" shall have the meaning assigned to such term in 45 C.F.R. § 160.103. 1.7 "HIPAA" shall mean the health information privacy provisions under the Health Insurance Portability and Accountability Act of 1996, and regulations issued thereunder at 45 C.F.R. Parts 160 and 164, as amended by HITECH. 1.8 "HITECH" shall mean the Health Information Technology for Economic and Clinical Health Act and the regulations issued thereunder. 1.9 "Individual" shall mean a person who is the subject to the Protected Health Information of the Client, and shall include a person who qualifies as the Individual's personal representative in accordance with 45 C.F.R. § 164.502(g). 1.10 "Limited Data Set" shall have the meaning assigned to such term in 45 C.F.R. § 164.514(e)(2). 1.11 "Protected Health Information" or "PHI" shall have the same meaning as the term "protected health information" in 45 C.F.R. § 160.103, limited to the information created or received by Gehring Group from or on behalf of Client. Genetic Information shall be considered PHI. 1.12 "Required by Law" shall mean a mandate contained in an applicable state, federal, or local law that compels Client (or business associates acting on behalf of Client) to make a use or disclosure of PHI that is enforceable in a court of law. 1.13 "Security Incident" means the attempted or successful unauthorized access, use, disclosure, modification, or destruction of information or interference with system operations in an information system, as defined at 45 C.F.R. § 164.304. However, certain low risk attempts to breach network security, such as the incidents listed below, shall not constitute a Security Incident under this Agreement, provided they do not penetrate the perimeter, do not result in an actual breach of security and remain within the normal incident level: • pings on the firewall; • port scans; • attempts to log on to a system or enter a database with an invalid password or username; • denial -of -service attacks that do not result in a server being taken off-line; and • malware such as worms or viruses. 1.14 "Subcontractor" shall have the meaning as the term in 45 C.F.R. § 160.103. Page 2 of 8 17535410v.1 102 1.15 "Unsecured Protected Health Information" or "Unsecured PHI" shall have the meaning assigned to such term in 45 C.F.R. § 164.402 and guidance issued thereunder. 2. OBLIGATIONS OF THE PARTIES 2.1 Gehring Group shall safeguard all PHI and Electronic PHI created or received by Gehring Group on behalf of Client in accordance with HIPAA. Gehring Group shall implement administrative, physical and technical safeguards that prevent use or disclosure of the Electronic Protected Health Information other than as permitted by the Security Rules. Specifically, Gehring Group agrees to implement policies and procedures in accordance with 45 C.F.R. § 164.316 that: i. Prevent, detect, contain and correct security violations in accordance with the administrative safeguards set forth in 45 C.F.R. § 164.308; ii. Limit physical access to electronic information systems and the facility or facilities in which they are housed, while ensuring that properly authorized access is allowed in accordance with the physical safeguards set forth in 45 C.F.R. § 164.310; and iii. Allow access to electronic information systems that maintain Electronic PHI to only those persons or software programs that have been granted access rights in accordance with the technical safeguards set forth in 45 C.F.R. § 164.312. 2.2 Gehring Group shall not use or disclose PHI or Electronic PHI except as permitted or required by Article 3 of this Agreement or as Required by Law. Gehring Group shall notify Client of all requests for the disclosure of PHI and Electronic PHI from a law enforcement or government official, or pursuant to a subpoena, court or administrative order, or other legal request as soon as possible prior to making the requested disclosure. Gehring Group shall provide to Client all PHI and Electronic PHI necessary to respond to these requests as soon as possible, but no later than ten (10) business days following its receipt of a written request from Client. 2.3 Client shall provide to Gehring Group, and Gehring Group shall request from Client, disclose to its affiliates, subsidiaries, agents and subcontractors or other third parties, only a Limited Data Set or, if necessary or otherwise permitted by HHS regulations, the minimum PHI or Electronic PHI necessary to perform or fulfill a specific function required or permitted under the Agreement. "Minimum necessary" shall be interpreted in accordance with HITECH, and in any event shall not include any direct identifiers of individuals such as names, street addresses, phone numbers or social security numbers, except for a unique identifier assigned by Client as necessary for the strategic analysis. 2.4 Gehring Group shall comply with all granted restrictions on the use and/or disclosure of PHI, pursuant to 45 C.F.R. § 164.522(a), upon written notice from Client; provided, however, that Client shall not grant any restriction that affects Gehring Group's use or disclosure of PHI without first consulting with Gehring Group. Page 3 of 8 17535410v.1 103 2.5 Gehring Group shall comply with all granted requests for confidential communication of PHI, pursuant to 45 C.F.R. § 164.522(b), upon written notice from Client. 2.6 Gehring Group shall report to Client any use or disclosure of PHI not permitted by this Agreement of which Gehring Group becomes aware within fifteen (15) business days of its becoming aware, and will take such corrective action necessary, or as reasonably directed by Client, in order to prevent and minimize damage to any Individual and to prevent any further such occurrences. 2.7 Following the discovery of a Breach of Unsecured PHI, Gehring Group shall notify the Client without unreasonable delay and in no case no later than fifteen (15) days after discovery of the Breach. The notification shall include the identification of each Individual whose Unsecured PHI has been or is reasonably believed by Gehring Group to have been accessed, acquired, used or disclosed during the Breach. Gehring Group shall provide the Client with any other available information that the Client requires to notify affected individuals under the Privacy Rule. 2.8 Gehring Group shall make reasonable efforts to mitigate, to the extent practicable or as reasonably directed by Client, any harmful effect that is known to Gehring Group resulting from a breach of this Agreement or HIPAA that is directly caused by Gehring Group. 2.9 Gehring Group shall report to Client any Security Incident within five (5) business days of when it becomes aware of such Security Incident. Gehring Group shall mitigate to the extent practicable or as reasonably directed by Client any harmful effect that is known to Gehring Group of a Security Incident by Gehring Group. 2.10 Gehring Group shall ensure that any Subcontractor performing services for Client agrees in writing to the same restrictions and conditions that apply to Gehring Group with regard to its creation, use, and disclosure of PHI and Electronic PHI in accordance with 45 C.F.R. §§ 164.308(b)(2), 164.502(e)(1)(ii) and 164.504(e)(5). Gehring Group shall, upon written request from Client, provide a list of any Subcontractors with whom Gehring Group has contracted to perform services for Client. Gehring Group shall advise Client if any Subcontractor breaches its agreement with Gehring Group with respect to the disclosure or use of PHI or Electronic PHI. If Gehring Group knows of an activity or practice of its Subcontractor that constitutes a material breach or violation of the Subcontractor's duties and obligations under its agreement with the Subcontractor ("Subcontractor Material Breach"), Gehring Group shall cure the breach or provide a reasonable period for Subcontractor to cure the Subcontractor Material Breach; provided, however, that if Gehring Group cannot, or Subcontractor does not, cure the Subcontractor Material Breach within such period, Gehring Group shall terminate the agreement with Subcontractor, if feasible, at the end of such period. 2.11 Gehring Group shall, upon written request from Client, provide to Client a copy of any PHI or Electronic PHI in a Designated Record Set, as defined in 45 C.F.R. § 164.501, created or maintained by Gehring Group, and not also maintained by Client, within thirty (30) days of receipt of the request. Page 4 of 8 17535410v.1 104 2.12 Gehring Group shall, upon written request from Client, make any amendment to PHI in a Designated Record Set maintained by Gehring Group within thirty (30) days of receipt of the request unless Gehring Group can establish to Client's satisfaction that the PHI at issue is accurate and complete. 2.13 If an Individual's PHI is held in an Electronic Health Record, Gehring Group shall provide requested copies in electronic format to the individual or to an entity or person designated by the Individual, provided such designation is clearly and conspicuously made by the Individual or Client. 2.14 Gehring Group shall make its internal practices, written policies and procedures, books, records, and other documents relating to the use and disclosure of PHI and/or Electronic PHI created or maintained by Gehring Group on behalf of Client available to the Secretary of the Department of Health and Human Services, or his or her designee, for purposes of the Secretary determining Client's compliance with HIPAA. 2.15 Gehring Group shall make available the information required to provide an accounting of disclosures made on and after the Effective Date, as necessary for Client to comply with 45 C.F.R. § 164.528, within twenty (20) business days of receipt of the request. Gehring Group shall provide one such accounting within a twelve month period without charge, but may make a reasonable charge for any additional such accountings within the same twelve month period. is 2.16 Gehring Group shall maintain all records, other than those records that are also maintained by Client, for six (6) years from the date created or last in effect, whichever is later, as necessary for Client to comply with 45 C.F.R. § 164.5300)(2). (W 3. PERMITTED USES OF PHI 3.1 Gehring Group may use and disclose PHI and Electronic PHI as necessary to provide services to Client, subject to Section 2.3 of this Agreement and consistent with the requirements of HIPAA. 3.2 Gehring Group may use and disclose PHI and Electronic PHI as necessary for the proper management and administration of Gehring Group or to carry out Gehring Group's legal responsibilities, subject to Section 2.4 of this Agreement and consistent with the requirements of HIPAA; provided, however, that Gehring Group may disclose the PHI and Electronic PHI for such purposes only if: the disclosure is Required by Law, or ii. Gehring Group obtains reasonable assurances that the party to whom the PHI or Electronic PHI is disclosed (a) will protect the confidentiality of the PHI and Electronic PHI, (b) will not further disclose the PHI or Electronic PHI except as Required by Law or for the purposes for which it was disclosed to the other party, and (c) will report any improper use or disclosure of the PHI and/or Electronic PHI to Gehring Group. 17535410v.1 Page 5 of 8 105 e3.3 Except as otherwise limited in this Agreement, and to the extent provided for under this Agreement, Gehring Group may use PHI and Electronic PHI to provide Data Aggregation services to Client, as permitted by 42 C.F.R. § 164.504(e)(2)(i)(B). 4. TERMINATION OF AGREEMENT 4.1 Except as described in Section 4.3, this Agreement shall continue in effect so long as Gehring Group provides service to Client involving maintaining, using or disclosing PHI or Electronic PHI, or otherwise retains a copy of PHI or Electronic PHI provided to Gehring Group by Client. 4.2 Client may terminate this Agreement at any time if Client discovers that Gehring Group has materially breached any provision of this Agreement. 4.3 If Gehring Group becomes aware of a pattern of activity or practice of the Client that constitutes a material breach or violation of the Client's duties and obligations under the Agreement, Gehring Group shall take reasonable steps and provide a period of thirty (30) calendar days for the Client to cure the material breach or violation. If the Client does not cure the material breach or violation within such 30 -day period, Gehring Group shall terminate the Agreement, if feasible, at the end of such 30 -day period. 4.4 Upon the expiration of Client's relationship with Gehring Group, and contingent upon the payment of all outstanding fees, Gehring Group shall return PHI and Electronic PHI to Client or Client's designated agent upon Client's request. If return of all PHI and Electronic PHI is not feasible, the provisions of this Agreement shall continue to apply to Gehring Group until such time as all PHI and Electronic PHI is either returned to Client or destroyed pursuant to Gehring Group's document retention policy, provided that Gehring Group shall limit further use of PHI and Electronic PHI only to those purposes that make the destruction or return of the PHI and Electronic PHI infeasible. Following the expiration of the relationship, Gehring Group agrees not to disclose PHI and Electronic PHI except to Client or as Required by Law. 5. NOTICES Whenever, under this Agreement, Gehring Group is required to give notice to Client, such notice shall be sent via First Class Mail to: Indian River County BOCC 180027 1h Street Vero Beach, FL 32960 Attention: Privacy Officer Whenever, under this Agreement, Client is required to give notice to Gehring Group, such notice shall be sent via First Class Mail to: Katherine Bellantoni, Privacy Officer Gehring Group, Inc. 11505 Fairchild Gardens Ave. Page 6 of 8 17535410v.1 106 Suite 202 Palm Beach Gardens, FL 33410 6. INDEMNIFICATION Gehring Group agrees to indemnify Client, and any employees, directors, officers of Client (collectively "Client Indemnitees"), against all actual and direct losses resulting from or in connection with any breach of this Agreement by Gehring Group, or its partners, employees or other members of its workforce. Actual and direct losses shall include, but shall not be limited to, judgments, liabilities, fines, penalties, costs, and expenses (including reasonable attorneys' fees) which are imposed upon or incurred by Client Indemnitees by reason of any suit, claim, action, investigation, or demand by any Individual, government entity, or third party. This obligation to indemnify shall survive the termination of this Agreement. To the extent permitted by law, Client agrees to indemnify Gehring Group and any employees, directors, officers of Gehring Group (collectively "Gehring Group Indemnitees") against all actual and direct losses resulting from or in connection with any breach of this Agreement by Client, or any violation of HIPAA resulting from any improper use or disclosure of PHI and Electronic PHI pursuant to Client's direction. Actual and direct losses shall include, but shall not be limited to, judgments, liabilities, fines, penalties, costs, and expenses (including reasonable attorneys' fees) which are imposed upon or incurred by Gehring Group Indemnitees by reason of any suit, claim, action, investigation, or demand by any Individual, government entity, or third 4 party. This obligation to indemnify shall survive the termination of this Agreement. c. 7. GOVERNING LAW This Agreement shall be governed by and interpreted in accordance with the laws of Florida. Jurisdiction and venue for any dispute relating to this Agreement shall rest exclusively with the state courts of Indian River County, Florida and the federal courts of the Southern District of Florida, as applicable. 8. AMENDMENT The parties agree to negotiate in good faith any amendments necessary to conform this Agreement to changes in applicable law. Gehring Group further agrees to promptly attempt to amend its agreements with its subcontractors and agents to conform to the terms of this Agreement. In the event Gehring Group is unable to amend this Agreement or its agreements with its subcontractors in a way that is sufficient to satisfy the requirements under HIPAA, Client may terminate this Agreement in accordance with Section 4 upon thirty (30) days written notice. 9. TERMS OF AGREEMENT GOVERN Any ambiguity in this Agreement shall be resolved in a way that permits compliance with HIPAA. In the event of a conflict between the terms of this Agreement and any other contract or agreement between Client and Gehring Group, this Agreement shall govern. 17535410v.I Page 7 of 8 107 10. REGULATORY REFERENCES A reference in this Agreement to a section in the Privacy Rules or Security Rules means the section as in effect or as amended, and for which compliance is required. IN WITNESS HEREOF, the parties have executed this Agreement by their respective duly authorized officers or representatives. CLIENT GEHRING GROUP, INC. By: By: Title: Title: Date: Date: Page 8 of 8 17535410v.1 APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY DYLAN REINGOLD COUNTY ATTORNEY 108 cm Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney Office of cotz.svll/ 03/ I0/ 01 INDIAN RIVER COUNTY MEMORANDUM TO: and of County Commissioners FROM: William K. DeBraal, Deputy County Attorney DATE: March 5, 2015 ATTORNEY SUBJECT: Indian River County Airboat Association, Inc. Sand Lakes Conservation Tract Lease Pursuant to your request at the March 3, 2015 Board of County Commissioners meeting, attached for your review and approval is the proposed Sand Lakes Conservation Tract Lease with the Indian River County Airboat Association, Inc. Please contact me if you have any questions. Attachment Copies to: Indian River County Airboat Association, Inc. P.O. Box 291 Fellsmere, FL 32948 vVIROVED FOR S-L�----- 2:!t�,,G- tENT AGENt}A COUNTY -ATTORNEY 109 LEASE AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND INDIAN RIVER COUNTY AIRBOAT ASSOCIATION, INC. AND ST. JOHNS RIVER WATER MANAGEMENT DISTRICT This Lease Agreement ("Lease") is entered into by and between Indian River County, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, Florida 32960, hereafter "County" and St. Johns River Water Management District, a public body existing under Chapter 373, Florida Statutes, whose mailing address is Post Office Box 1429, Palatka, Florida 32178-1429 ("District") and the Indian River County Airboat Association, Inc., a Florida non-profit corporation, whose address is P.O. Box 291, Fellsmere, Florida 32948 ("Airboat Association"). NOW THEREFORE, the County, the District and the Airboat Association, for the considerations hereafter set forth, agree as follows: 1. TERM: This Lease shall apply to the following dates: April 24-26, September 4-6, October 2-4, December 4-6, 2015 and shall remain in effect as outlined in Attachment A — Youth Hunting Program of Florida Youth Hunt Announcement Form. 2. LEASED AREA: The land subject to this Lease, generally known as the Sand Lakes Conservation Tract is approximately 1,256 acres in Indian River County, Florida, as more particularly outlined on the map provided in Attachment B attached hereto (the 'Premises") IL 3. USE OF LEASED AREA: The Airboat Association shall use the Premises to hold Airboat Association -sponsored activities as described in Attachment A — Youth Hunting Program of Florida Youth Hunt Announcement Form. The Airboat Association's use of the Premises shall be consistent with and not interfere with the District's management plan for the land. During the term of the Lease, the County and the District shall not interfere with the exclusive uses of the land by the Airboat Association except that in an emergency situation, the County and the District reserve the right to access the property during the term of the Lease without notice to Airboat Association. The term "emergency" shall mean those situations, such as wildfire, vandalism, or dangerous trees, that will, in the sole opinion of the County and the District, have an immediate and irreparable adverse impact on the Premises or which require the protection of human life in imminent danger or other such exigent circumstances of grave consequence. 4. Rental Rate. Airboat Association shall pay County and District (Landowners) the sum of One Dollar ($1.00) per each time the Premises is leased, payable in advance. 5. CONTROL OF THE PREMISES. Airboat Association shall be responsible for the control, maintenance, security, and management of the Premises, and is responsible that all activities conducted on the premises are conducted in a safe manner. The Airboat Association shall also be exclusively responsible for notifying the public via a sign at the access point that the area is closed during the lease period and exclusively responsible for removing any signage that is posted to do that. The County and the District shall have no duty of care to keep the Premises safe for entry or use by others, or to give warning to others entering or going on the Premises. 6. STRUCTURES: The Airboat Association shall obtain prior approval from the County and the District before using any facilities located on the premises. The Airboat Association Page 1 of 4 110 1�1 shall obtain prior approval from the County and the District before locating any temporary structures intended to remain on the Premises following the end of a rental period. No structure shall be located permanently on the Premises without the prior written approval of the County and the District. 7. GENERAL MAINTENANCE: The Airboat Association shall, at its sole expense and to the best of its ability, maintain the Premises in a clean and natural state and prevent and remove all litter and debris on the Premises arising from the uses of the land for Airboat Association - sponsored youth hunts. Dead animals and parts of dead animals must be disposed of off-site or in a location coordinated with the District's Land Manager. Further, except as approved in writing by the County and the District, the Airboat Association shall, at its sole expense and to the best of its ability and to the fullest extent of its lawful authority, prevent cutting or removing vegetation by any person. 8. LIABILITY: To the extent provided by, and subject to the limitations and conditions specified in s. 768.28, F.S., the Airboat Association shall be responsible for any loss or damage resulting in whole or in part from its use of the Premises under the terms of this Lease. Nothing contained herein shall be construed as a waiver of any limitation that the Airboat Association or the County and the District may enjoy in accordance with s. 768.28, F.S., or any other law providing limitations on claims. 9. TERMINATION: Each party may terminate this Lease by giving written notice to the other parties specifying the termination date, by mail, at least thirty (30) days prior to the termination date specified in the notice. Each party hereto shall have the right to immediately terminate this Lease upon written notice to the other parties in the event of such party's act of fraud or willful misconduct, or breach of this Lease. 10. NOTICE: Unless a notice of change of address is given, any and all notices shall be delivered to the parties at the fo8llowing addresses: Landowners Indian River County 1801 27th Street Vero Beach, Florida 32960 St. Johns River Water Management District P. O. Box 1429 Palatka, Florida 32178-1429 Airboat Association P.O. Box 291 Fellsmere, Florida 32948 11. MODIFICATION OF LEASE: No waiver or modification of this Lease or of any covenant, condition, or limitation herein contained shall be valid unless in writing and lawfully executed by the parties. 12. CANCELLATION UNDER CHAPTER 119, FLORIDA STATUTES: This Lease may be unilaterally canceled by the either party to this Lease for refusal by the other party 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 other party in conjunction with this Lease. Page 2 of 4 111 13. PUBLIC RECORDS OF NONGOVERNMENT CONTRACTORS: All records in conjunction with this Lease shall be public records and shall be treated in the same manner as other public records are under Chapter 119, Florida Statutes. 14. NON-DISCRIMINATION: No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Lease. 15. SEVERABILITY AND CHOICE OF VENUE: This Lease has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Lease shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Lease shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Lease Any action in connection herewith, in law or equity, shall be brought in Indian River County, Florida. 17. NO THIRD PARTY RIGHTS: The parties hereto do not intend nor shall this Lease be construed to grant any rights, privileges or interest to any third party. 18. JURY TRIAL WAIVER: As consideration of this Lease, the parties hereby waive trial by jury in any action or proceeding brought by any party against any other party pertaining to any matter whatsoever arising out of or in any way connected with this Lease. 19. ENTIRE AGREEMENT: This Lease with all incorporated attachments and exhibits represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Lease shall only be valid when they have been reduced to writing, and duly signed by each of the parties hereto, unless otherwise provided herein. Signatures On Following Pages I] Page 3 of 4 112 0 IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed through their duly authorized signatories on the day and year last written below. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS AIRBOAT ASSOCIATION, INC. INDIAN RIVER COUNTY, FLORIDA By: Chad Smalley Wesley S. Davis, Chairman Vice President Approved by BCC ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller A Deputy Clerk Approved: /Jdseph A.' -'Baird, County Administrator V Approved as to Form and Lega ufficiency: i liam K. 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FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION F'� Division of Hunting and Game Management — Hunter Safety Section p \ YOUTH HUNT ANNOUNCEMENT FORM (Exhibit A) DETAILS OF YOUTH HUNT Name of Ranch/Hunting Club: Dates of Youth Hunt: Emergence Phone # During Youth Ilunt: Location of Youth Hunt (Nearby Cityfrown and County — Attach Map of Property for Exhibit B) Approximate acreage: Landowner Contact Information (LANDOWNER Name, Address. Street) State 7ip Agency Representative: Agency Representatives Phone Assigned Hununaster(s): Huntmaster Phone (please include area codes) Days Evening Cell Hunt Information Type of Hunt (deer, dove, duck, squirrel, quail, turkey, etc. - be specific listing sex [if applicable] and quantities desiring to be harp ested. ) Number of youth hunters supplied by landowner: Number of youth hunters supplied by YHPF: Total number of youth hunters: Will hunters be camping? is there fishing access that the LANDOWNER authorizes COMMISSION to use? [:] Yes ❑ No ❑ Yes F1 No Are there cooking facilities that LANDOWNER authorizes Will Huntmaster need cooking equipment, fond or help making COMMISSION to use? ❑ Yes ❑ No If yes, please food arrangements? ❑ Yes ❑ No If yes, please describe: describe: Are there lodging facilities that LANDOWNER authorizes Will Huntmaster need camping supplies and/or equipment from COMMISSION to use? ❑ Yes ❑ No If yes, please YHPF? ❑ Yes ❑ No If yes, please describe: describe: Are there game cleaning facilities that LANDOWNER Are there permanent hunting stands that LANDOWNER authorizes COMMISSION to use? ❑ Yes ❑ No If yes, authorizes COMMISSION to use? ❑ }'es ❑ No please describe: If yes, please describe: Will Huntmaster need hunting supplies and/or equipment from Youth Hunting Program of Florida YHPF? ❑ Yes ❑ No If yes, please describe: e/o Florida Fish and Wildlife Conservation Commission 620 South Meridian Street Tallahassee, FL 32399-1600 (850) 413-0084 (850) 413-7989 (fax) MyFWC.com Rm 7.129,105 116 ES EXHIBIT 11B ! _ _2 VAR D St Se baba n -1 n Pjv e r ere • ---Preserve "V I X, Fells nere '� [AN Water Manapement kea I ',.�'SE B A ST FELLSME --4 SqORES 14. IJ j L N D I Ali P4 9 R! s ConserVa 6_rfbiia Conseriis J 7 f 7747. 7 VE RO BEACH -T LIT -4 J. Fort Dfu ;t., ! Consematio a-* - ....... Ji T y I :4L 4 Figure 1. Location Map Sand Lakes Conservation Area T + 10.5 0 1 Miles 1.160000 Legend Sena LS, es Bown;JRj OktanagemantArtas i CA, Sc,ncxias from 2007 Pamel Cass h," tale HWY VS HWY Stam W others 8 4C4i 34 Final Board Approval December 2008 117 February 27, 2015 Mr. Joe Baird, County Administrator Indian River County 1840 25t' St Vero Beach, Florida 32960 ►ieriff Deryl Loar Indian River County RE: Notice of Request to be placed on the March 10 2015 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 March 10, 2015 BOCC agenda. Indian River County Sheriff's Office is applying for the Florida Traffic Safety Grant funded by the Florida Department of Transportation. This grant, if approved, will provide funds to purchase three radar display trailers and an automated license plate reader system. The total dollars earmarked for this grant is $57,187.00. 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, Deryl Loar, S riff Indian River County DL/amg Enclosure cc: file 4055 41" Avenue, Vero Beach, Florida 32960 www.iresheriff.org (772) 569-6700 1 Q t� 11 V GRANT NAME: Florida Department of Transportation- Highway Safety Grant Program GRANT # AMOUNT OF GRANT: $57,187 DEPARTMENT RECEIVING GRANT: Indian River County Sheriff's Office CONTACT PERSON: Amber Grier. Planner TELEPHONE: 772-978-6214 1. How long is the grant for? 1 Year Starting Date: October 1, 2015 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? Yes ___X__No If yes, does the grant allow the match to be In -Kind services? Yes X No c AN 4. Percentage of match to grant 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? X Yes No if no, how much do you think will be needed in capital costs or start-up costs: $55,009 (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes, please list. (If additional space is needed, please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries 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? $41160 nn Grant Amount Other Match Costs Not Covered Match Total First Year $ 57,187 $0 $ 57,187 Second Year Third Year Fourth Year Fifth Year Signature of Preparer: Date: February 27, 2015 119 February 27, 2015 Florida Department of Transportation Attn: Traffic Safety Administrator Safety Office, MS 53 605 Suwannee St. Tallahassee, FL 32399 heriff Deryl Loar Indian River County RE: Highway Safety Concept Paper- Letter of Intent To Whom It May Concern: The purpose of this letter is to notify the Florida Department of Transportation of the Indian River County Sheriff's Office intention to submit a proposal for the FY 2016 Highway Safety Grant Program, under rule 14-98.005, F.A.C. form 500-065-17. The Indian River County Sheriff's Office proposes to request funding to purchase three radar display trailers and an automated license plate reader system in order to improve and expand traffic enforcement related to speed and aggressive driver. Project Details: Total Project Costs- $57,187 Funding Requested- $57,187 Project Type- Speed/Aggressive Driving On behalf of the Indian River County Sheriff's Office, I support this project as it will ensure that our agency will have the ability to improve traffic safety for residents of Indian River County. Sin ly, DERYL LOAR, SH IFF 4055 41 5} Avenue, Vero Beach, Florida 32960 www.iresheriff.org (772) 569-6700 °' STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 500.065-17 HIGHWAY SAFETY CONCEPT PAPER SAFETY 12N4 Applicant Agency: Indian River County Sheriffs Office Implementing Agency: Indian River County Sheriffs Office Concept Paper Title: IRCSO Operation Slowdown- Highway Safety Program Amount Requested: $57,187.00 Priority Area for Concept Paper (Select Only One): ❑ Aging Road Users ❑ Pedestrian and Bicycle Safety ❑ Community Traffic Safety Outreach ❑ Planning and Administration (FDOT Only) ❑ Distracted Driving ❑ Police Traffic Services ❑ Impaired Driving ❑ Public Traffic Safety Professionals Training ❑ Motorcycle Safety ® Speed/Aggressive Driving ❑ Occupant Protection and Child Passenger Safety ❑ Teen Driver Safety ❑ Paid Media (FDOT Only) ❑ Traffic Records ❑ Traffic Records Coordinating Committee (TRCC) Type of Project (Select Only One): Type of Request (Select Only One): ® Initial ❑ Continuation —Year ® Local ❑ Statewide Previous Year's Project Number (if Continuation): Ranking (if Local Project): ❑ City - of ❑ County - of OR ® Identified Need (Data outside of Fatalities and Injuries) Head of Agency: Name: Deryl Loar Title: Sheriff Address: 4055 41 st Avenue Vero Beach, FL 32960 Phone: (772) 569-6700 Extension: 6404 E -Mail: dloar(D_iresheriff.orq Project Contact: Name: Amber Grier Title: Planner/Grant Manager Address: 4055 41 st Avenue Vero Beach FL 32960 Phone: (772) 569-6700 Extension: 6214 E -Mail: agrier(a)iresheriff.org 6, 121 FDOT USE ONLY: Concept Paper Number: Postmark Date: Date Received: Entered Into Database: • 0 Assigned Priority Area: Planner Assigned: Date Assigned: _ Planner Received: 500-065-17 SAFETY 12/14 122 L 500-065-17 SAFETY 12/14 Statement of the Problem: (Provide details about the traffic safety problem that you want to address.) Indian River County is located on the eastern seaboard of Florida and represents 503 square miles of total land mass. According to the United States Census Bureau, the estimated population of Indian River County in 2013 was 141,994. The Florida Research & Economic Database estimates the population increases to well over 190,000 people during the tourist season and the county is predominately considered a retirement community with the median age being 51 years old. The Florida Department of Highway Safety and Motor Vehicles has documented 115,125 licensed drivers in Indian River County as of January 1, 2014. Of the licensed drivers in Indian River County, 57% represent the age group 50 or above, 37% are between the ages of 21-49, and 6% are between the ages of 15-20. Indian River County is unique in the fact that there are four major roadways that travel throughout the entire county: Interstate 95, US Highway 1, State Road 60, and the Florida Turnpike. Traffic related incidents are compunded with a multitude of factors including, but not limited to: an increase in the aging population that are susceptible to diminshed vision, conginitive and phyical reactions; limited personnel resources to aggressively enforce violations of posted speed zones; and budgetary restraints that prevent the agency from expanding traffic related initiatives. These statistics create a specialized traffic enforcement problem and the Indian River County Sheriffs Office has identified traffic safety as a high priority to reduce the number of traffic -related injuries and fatalities. The jurisdiction of the Sheriffs Office is divided into 11 zones to cover approximately 474 square miles of unincorporated territory, with an average of 43 deputies assigned to zone patrol working per day and 4 deputies assigned the Traffic Unit. On average, deputies spend approximately 15-20 minutes on a traffic stop when a citation is issued, which considerably reduces the availability of deputies to increase traffic enforcement in areas of concern. Currently, the Indian River County Sheriffs Office operates two radar display trailers that were purchased in 2006 from grant funding. The aging devices are becoming increasingly difficult to repair or use effectively to aid in the traffic safety program implemented by our agency. Due to limited resources and budgetary restraints, the Indian River County Sheriff's Office will not be able to increase the number of deputies assigned to the Traffic Unit or to replace the radar display trailers. Although Indian River County is not ranked in the top 25% on the Highway Safety Matrix in 2014, our area has a unique situation for traffic enforcement. Between 2012-2014, the Indian River County Sheriffs Office realized an 11 % increase in the number of law enforcement calls for service; a 20.28% increase in the number of traffic citations issued; an 67.93% increase in the number of traffic warnings provided; and a 45.18% increase in the number of traffic crashes reported. From the results of crime analysis and data trending, the Indian River County Sheriffs Office has identified the critical need to improve traffic patterns to areas vunerable to speeding and agreesive driving. 123 500-065-17 SAFETY 12/14 Proposed Solution: (Provide the specific countermeasure(s), chapter, and section you plan on implementing from the NHTSA Countermeasures That Work guide, found at: http://www.ghsa.org/htmi/publications/countermeasures.html. Explain how the countermeasure(s) that you plan to implement will address the problem and how the funding that you have requested will support those countermeasure(s). If no NHTSA countermeasure(s) exist, explain the basis of your selected strategy and how it will be effective.) The Indian River County Sheriffs Office will implement the Enforcement Countermeasure, Chapter 3, Sections 2.2 (high - visibility enforcement) and sections 2.3 (other enforcement methods) from the NHTSA Countermeasures That Work Guide. Our agency is requesting funding to replace our two existing radar display trailers and purchase an additional unit to assist in the traffic enforcement program [Section 2.3]. The proposed radar display trailers will be equipped with an on- board traffic data recorder to analyze traffic statistics (a resource currently unavailabe at our agency) and enable IRCSO to conduct targeted enforcement in selected high -crash and high -violation geographical areas of the county [Section 2.21. To futher enhance the critical data received from the radar display trailers and implement additional enforcement practices, we are requesting to purchase an automated license plate reader system to afix to a single radar display trailer, to assist in identifying a pattern in traffic violator offenders. Deputies assigned to the Traffic Unit will implement the Operation Slowdown- Highway Safety Program by strategically place two of the radar display trailers in vulnerable areas of the county to supplement posted speed signs and further encourage citizens that law enforcement detection is likely when they are speeding and driving aggressively. The third radar display trailer will be utilized as a traffic -calming device to be used predominately on local roads and residential areas. This approach will address the speeding enforcement problem by identifying areas in which our agency must reallocate resources. All funding requested will allow the Indian River County Sheriffs Office to expand and improve speed and aggressive driving enforcement in our jurisdiction. These purchases will ensure our agency will have the technology and capability needed to realize a reduction in speeding violations and achieve a reduction in traffic accidents resulting in property damage, personal injury, and death. 126 500-065-17 SAFETY 12114 Sustainability: (If local project, provide details about how you plan to continue the safety efforts after the initial funding period has ended. If you cannot continue the safety efforts, provide details about what will prevent you from continuing. Does not apply to statewide projects.) The Indian River County Sheriff's Office will sustain the Operation Slowdown- Highway Safety Program after funding by implementing a comprehensive maintenance schedule for all equipment and software after the initial funding period. These measures will prevent disruption in the amount of enforcement the agency is able to provide and enhance safety for its' residents. Deputies assigned to the Traffic Unit, along with data analysis from crime analyst and traffic enforcement details by road patrol deputies, will continue expansion efforts through the use of data provided from the funded equipment. 127 500-065-17 SAFETY 12/14 Project Objectives: (List the short term objectives that you have for the project. All objectives must be quantifiable, such as, "To reduce the number of crashes by 5% compared to the 3 year average of the most recent data by conducting 12 sobriety checkpoints during the sub -grant period; Providing 12 public education outreach events in the community during the sub -grant period.") • To increase the number of speed related citations issued by 10% compared to the 3 year average of the most recent data by deploying radar display trailers at a minimum of 15 times per month. • To expand traffic related enforcement by conducting at a minimum of 2 speeding operations per quarter during the sub - grant period. • To develop and implement a comprehensive traffic statistic protocol by producing 12 extensive data analysis reports during the sub -grant period, to include but not limited to: comparative analysis of traffic crashes relative to high -violation geographical areas, frequency of speeding violations relative to time of day and/or special events, violation reductions as the result of speeding operations. 128 500-065-17 SAFETY 12114 Evaluation: (Explain how you will determine each project objective has been met by using one or more of the following -nethods: Formative, Process/Administrative, Impact, and Outcome. Details about the four methods of evaluation can be found at http://www. dot. state.f1.us/safety/3-Grants/Grants-Home.shtm) • By utilizing the impact and outcome evaluation methods, the Indian River County will seek to isolate all variables associated with an increase or decrease to the number of speed related citations issued by 10% compared to the 3 year average of the most recent data by deploying radar display trailers at a minimum of 15 times per month. To accomplish this, crime analyst will compare traffic statistics provided by the radar display trailers to actual citations to identify knowledge gained from historical data versus data collected during the program. After the conclusion of the program, citations totals will be calculated to determine if the outcome yielded anticipated results. • The Traffic Unit will utilize the formative evaluation method to expand traffic related enforcement by conducting a minimum of 2 speeding operations per quarter during the sub -grant period. Throughout the program, deputies will consistently examine plans, revise strategies and procedures, and adjust implementation procedures as necessary. • Process and formative evaluation methods will be utilized to conclude success of the implementation of a comprehensive traffic statistic protocol. Sheriff's Office deputies will process the data provided in the 12 extensive data analysis reports and determine their effectiveness in assisting in program expansion, overall outcomes, and necessary adjustments. 129 CONCEPT PAPER BUDGET 500-065-17 SAFETY 12114 List each item for which you are requesting funding and the estimated cost of the item(s). Any matching funds that can be provided from other sources should be listed in the Match section. Equipment that has a per unit cost of $1,000 or more should be listed in the Operating Capital Outlay section. BUDGET CATEGORY TOTAL FEDERAL MATCH STATE LOCAL FUNDING A. Personnel Services $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 Subtotal $ 0 $ 0 $ 0 $ 0 B. Contractual Services $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 Subtotal $ 0 $ 0 $ 0 $ 0 C. Expenses Radar Trailer Peripherals @ $726 each $2,178 $2,178 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 Subtotal $2,178 $2,178 $ 0 $ 0 04. 130 CONCEPT PAPER BUDGET 500-065-17 SAFETY 12114 BUDGET CATEGORY TOTAL FEDERAL MATCH STATE LOCAL FUNDING D. Operating Capital Outlay Radar Display Trailer @ 8395 each $25,185 $25,185 $0 $0 Automated License Plate Reader System $29,824 $29,824 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 Subtotal $55,009 $55,009 $ 0 $ 0 E. Indirect Cost $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 Subtotal $ 0 $ 0 $ 0 $ 0 Total Cost of Project $57,187 $57,187 $ 0 $ 0 �av 131 1(2/26/2015) Amber Grier - Indian River Smart 850 KSI 2771.pdf Crimson Technology Products 1631 Rock Springs Road, Ste 353 CRIMSON Apopka, FL 32712 (407)494-4435 http://crimsontechnologyproducts .com Address Indian River Sheriffs Office 4055 41st Street Vero Beach, FL 32960 Quote I Date I Quote No. 1 01/28/2015 KS12771 Exp. Date 03/27/2015 Ship To Amber Grier Indian River Sheriffs Office 4055 41st Street Vero Beach, FL 32960 Sales Rep Federal ID # SMC 45-3991430 Activity Quantity Rate Amount • CRS 5010 Smart 850 w/18" Fold Down Display and Speed Limit Sign 1 8,395.00 8,395.00 • Shipping by North American Van Lines - Smart 800 ft 850 1 726.00 726.00 • AVAILABLE OPTIONS:Not included in above pricing • Smart 850 Plus Upgrade pkg. Includes Red/Blue, Slow Down Violator 0 1,400.00 0.00 Alerts and Traffic Statistics Pkg • CRS 5054 Solar Panel - 50 Watt for Smart 800/850 0 795.00 0.00 • 13" Saw -tooth Aluminum Wheel Upgrade 0 495.00 0.00 • CRS 5059 Smart 800/850 Cable Wheel Lock 0 87.00 0.00 • CRS 5060 Smart 800/850 2" Ball Coupler Lock Kit, Stainless Steel 0 49.00 0.00 • CRS 5053 Traffic Data Recording System with Flash Card 0 725.00 0.00 • Kustom may charge a Restocking fee on all cancelled or returned orders that are non -defective. If so, this will be passed on to end user. • Please issue PO to Crimson Technology Products Quote expires 60 days from issue Total $9,121.00 Accepted By finance@crimsontechnologyproduct s.com M Accepted Date Page 1 132 NDI Recognition Systems 385 Commerce Way, Longwood, Florida 32750 Phone 866-458-0426 0 iolld'� qs NDI RECOGNITION SYSTEMS MObile ALPR QUOTE #33114FL-Indian River County S/O Indian River County Sheriff's Office, 4055 41St Avenue, Vero Beach, Florida 32960 Lt. Kirby, Special Operations, 772-978-6163, ckirby@iresheriff.org March 31, 2014 (Valid for 90 Days) Questions: Call Christopher McKissick, Director of Sales @ 386-453-8920 or email c.mckissick@ndi-rs.net BUND -RDS 2 Camera Two (2) Camera Portable Rapid Deployment System (RDS) USB $10.700.00 2 $21,400. Rapid Laptop System using TGX-200; Deployment Each Portable bundle includes: V220 variable focus, dual lens ALPR camera(s) with integrated infrared illuminator, camera cables, System TGX-200 USB camera controller, VeriPlate TALON software (RDS) with Law Enforcement Client Interface and a choice of window or trunk camera mounts. Note -Customer to supply laptop computer which meets or exceeds NDI's requirements. (Up to 2 client installations. Additional Clients installed for $250.each) Trunk Mounts require 12Volt Power in the trunk. Visce-Ent VISCE-ENT Web Based VISCE Software Server -Single Agency Deployment $5,000.00 1 $5,000. VISCE- VISCE VISCE Multi -Agency Configuration -Data Sharing Enabled $2,500.00 Multi Multi (Requires Connectivity between Agencies & Signed MOU) VP-Pred Pred-SW "In -Car Live Check" Predator Upgrade $2,500.00 3SW-MS MapPoint Microsoft MapPoint 2010 In -Car Integrated Mapping Solution $530.45 1 Included Installation 2 days/Veh 2 Days/Vehicle @ $1,250./day. (Installation & Commissioning) $2,500.00 n/a SHIPPING SHIPPING Shipping and/or Freight to Agency Included 1 Included T&L Travel Travel & Living Costs associated w/Installation,Config,Training Included 1 Included Pro.Serv. Admin Trng System Administrator Training (1-3 attendees) Pre -Recorded Included Pro.Serv. Web Trng Web Based VeriPlate & VISCE End User Training $225. Pro.Serv. Onsite Trng On -Site VeriPlate & VISCE Training (Up to 25 attendees) $2,000. Warranty 1St Year 1" Year Manufacturer Warranty Included at "No -Charge" Included 1 Included GOLD Renewed Upgraded Annual Support Agreement; GOLD Premium Level 16% of 1 $3,424. Support Annually Support including: "On -Site Fix or Replace Hardware and Capital Software". Investment *Renewed Annually* RDS Install Services Optional RDS "On -Site" Configuration, Installation & Training $1,250.00 n/a Total NDI ALPR Project Investment: $29,824. 133 01 - INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: February 20, 2015 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager Ay Subject: Watermain Assessment Project within North Indian River Drive Public Hearing and the adoption of Resolution No. III DESCRIPTIONS AND CONDITIONS: On January 6th, 2015, the Indian River County Board of County Commissioners (BCC) approved Resolution 1 (2015-003) and Resolution II (2015-004). In that meeting, the BCC directed staff to prepare the preliminary assessment roll based on Scenario No. 2 which is to terminate at Mr. Franklin's Property (13680 North Indian River Drive). Also, the board authorized staff to install the remainder of the watermain extension to Roseland Road to complete the loop as part of the project where any future connections will be charged the same per parcel cost as the assessment project. Since the adoption of Resolution I and II, staff mailed certified letters to the seventeen (17) property owners notifying them of the preliminary assessment roll and the public hearing. Included in the letter was an invitation to an informal meeting held on February 4th, 2015 at the Utilities conference room where project details and financing options were discussed. Three (3) property owners and Mr. Alex Jernigan (representing other owners) were present at the meeting. ANALYSIS: The Board, in its capacity to oversee the assessment process, shall meet as the equalizing board to hear and consider any and all support for or complaints against the proposed special assessments and it shall adjust and equalize the special assessments on the basis of justice and right according to Indian River County Ordinance Chapter 206 (Special Assessments). Staff further evaluated another potential option for Board's consideration beyond Scenario No.2, based on past comments and concerns from previous meetings. The scenarios are outlined below: SCENARIO NO.2 WITH EXTENSION (See Attachment Labeled Scenario No.2) Seventeen (17) parcels will benefit from the proposed watermain. Currently, 11 property owners (65%) are in favor of the project. Scenario No.2 will install approximately 1,100 feet of 8 -inch PVC water main with water services to each lot. The project will begin at an existing 8 -inch water main 134 Ell gate valve located along the east side of Indian River Drive adjacent to the Inlet at Sebastian Condominium and run north along the Indian River Drive terminating at Mr. Franklin's Property (13680 North Indian River Drive). EXTENSION: Outside the assessment area, the 8 -inch watermain will be extended 860 -linear feet (LF) up to Roseland Road. The extension will create a looped line for redundancy and better water quality. Future connections north of the assessment area (Scenario 2) will be charged the same per parcel cost. SCENARIO NO. 2 Assessment Project Parcels Parcel No. Address Cost 1 13580 N INDIAN RIVER DR $5,845.74 2 13590 N INDIAN RIVER DR $5,845.74 3 13595 N INDIAN RIVER DR $5,845.74 4 13600 N INDIAN RIVER DR $5,845.74 5 13605 N INDIAN RIVER DR $5,845.74 6 13610 N INDIAN RIVER DR $5,845.74 7 13615 N INDIAN RIVER DR $5,845.74 8 13620 N INDIAN RIVER DR $5,845.74 9 13630 N INDIAN RIVER DR $5,845.74 10 13635 N INDIAN RIVER DR $5,845.74 11 13645 N INDIAN RIVER DR $5,845.74 12 13650 N INDIAN RIVER DR $5,845.74 13 13655 N INDIAN RIVER DR $5,845.74 14 13660 N INDIAN RIVER DR $5,845.74 15 13665 N INDIAN RIVER DR $5,845.74 16 13670 N INDIAN RIVER DR $5,845.74 17 13680 N INDIAN RIVER DR $5,845.74 $99,377.58 Voluntary Assessment Parcels Parcel No. Address Cost 18 13690 N INDIAN RIVER DR $5,845.74 0 19 13725 N INDIAN RIVER DR $5,845.74 $11,691.48 Indian River County o Portion $51,146.02 m Total Project Cost $162,215.08 J:\Utilities\UTILITY - Engineering\Projects - Assessment Projects\OOOAssessments - 2012 Proposed\IR Drive - Roseland Rd to Inlet at Sebastian Condos\BCC Agenda Items\Agenda Indian River Drive Res III_cmc.doc Page 2 of 5 135 SCENARIO NO.3 WITH EXTENSION (See attachment labeled Scenario No.3) • Scenario No.3: This scenario was a result of an original request in 2006, which was to provide water along Indian River Drive from North US 1 to approximately 89 feet south of 129th Place. That proposal died for lack of support at the public hearing. In 2012, Mr. Gaffney (13620 Indian River Drive) petitioned for County water. The petition had 8 out of 10 properties in favor of County water. Therefore, Scenario No.3 will consist of a reduced assessment area of ten (10) benefitting parcels, with 80% (8/10) in favor of the watermain project. This option will install approximately 580 -LF of fl- inch PVC water main to terminate at 13630/13635 N. Indian River Drive. EXTENSION: Within this scenario, the line will be extended to loop the system to Roseland Road approximately 1080 -LF for the same reason as mentioned above. 4W Ej- SCENARIO NO. 3 Assessment Project Parcels Parcel No. 13645 Address 1 13580 N INDIAN RIVER DR 2 13590 N INDIAN RIVER DR 3 13595 N INDIAN RIVER DR 4 13600 N INDIAN RIVER DR 5 13605 N INDIAN RIVER DR 6 13610 N INDIAN RIVER DR 7 13615 N INDIAN RIVER DR 8 13620 N INDIAN RIVER DR 9 13630 N INDIAN RIVER DR 10 13635 N INDIAN RIVER DR Cost Voluntary Assessment Parcels $5,845.74 $5,845.74 $5,845.74 $5,845.74 $5,845.74 $5,845.74 $5,845.74 $5,845.74 $5,845.74 $5,845.74 $58,457.40 Parcel No. Address Cost 11 13645 N INDIAN RIVER DR 12 13650 N INDIAN RIVER DR 13 13655 N INDIAN RIVER DR 14 13660 N INDIAN RIVER DR 15 13665 N INDIAN RIVER DR 16 13670 N INDIAN RIVER DR 17 13680 N INDIAN RIVER DR 18 13690 N INDIAN RIVER DR 19 13725 N INDIAN RIVER DR Indian River County Portion Total Project Cost $5,845.74 $5,845.74 $5,845.74 $5,845.74 $5,845.74 $5,845.74 $5,845.74 $5,845.74 $5,845.74 $52,611.66 $51,146.02 $162,215.08 X, N M 1:\Utilities\UTILITY - Engineering\Projects - Assessment Projects\OOOAssessments - 2012 Proposed\IR Drive - Roseland Rd to Inlet at Sebastian Condos\BCC Agenda Items\Agenda Indian River Drive Res III_cmc.doc Page 3 of 5 136 Constructing the watermain to Roseland Road to complete a looped system will benefit the residents and utilities for system redundancy, improved water quality and allow for future growth. As shown above from both scenarios, the Department of Utilities commitment is thirty two percent (32%) of the total project cost. However, the Department of Utilities will be obligated to carry between 39% to 64% ($62,837.50 to $103,757.68) of the total project cost depending on the scenario and the timeliness of the voluntary connections. As with each this scenario, the board will be asked to consider a capital recovery mechanism for the voluntary parcels that would obligate them to pay a fair share portion of the project if and when they chose to connect to County water. This capital recovery mechanism is similar to what the Board approved for the residents along 66th avenue between 4th street and 16th street. Staff has secured the FDEP permit and the Indian River County Right -of -Way permit for the project. If the BCC authorizes staff to move forward with the project after the Public Hearing then staff anticipates the following schedule (please note that these dates are estimations and could be subject to change): ➢ Advertise for bids — May, 2015 ➢ Award Contract — July, 2015 ➢ Notice to Proceed — August, 2015 ➢ Substantial Completion — November, 2015 or 90 calendar days from NTP ➢ Final Completion — December, 2015 or 120 calendar days from NTP ➢ Final As -Built Resolution (Resolution IV) to BCC — January, 2016 �.► FUNDING: 46, Funds for this project are derived from a combination of assessment funds and the capital fund. Capital fund revenues are generated from impact fees. Furthermore, new 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. crrKi A Din Kin ') DESCRIPTION ACCOUNT NUMBER AMOUNT Indian River Drive Water 473-169000-06510 $ 99,377.58 Assessment -Scenario No. 2 Indian River Drive Water Line 472-169000-06510 $ 62,837.50 Extension to Roseland Road cri:KiADin Kin 2 ✓v� DESCRIPTION ACCOUNT NUMBER AMOUNT Indian River Drive Water 473-169000-06510 $ 58,457.40 Assessment -Scenario No. 3 Indian River Drive Water Line 472-169000-06510 $ 103,757.68 Extension to Roseland Road 1:\Utilities\UTILITY - Engineering\Projects - Assessment Projects\OOOAssessments - 2012 Proposed\IR Drive - Roseland Rd to Inlet at Sebastian Condos\BCC Agenda Items\Agenda Indian River Drive Res III_cmc.doc Page 4 of 5 137 060 RECOMMENDATION: Open the public hearing. After receiving input, consider adopting Scenario No.3 with any revisions based on that public input. Staff feels that Option No.3 satisfies the super majority requirement outlined in the County Ordinance No. 81-27 and further does not set a precedence for any future assessment projects. Staff recommends that the Board of County Commissioners consider only one of the following three options: 1) Do Nothing and Terminate the project 2) Adopt Resolution No.3 with Scenario 2 with the following Items: a. Cost per parcel $5,845.74 b. Seventeen (17) benefitting parcels part of the special assessment lien C. Two (2) parcels as part of a voluntary connection/capital recovery mechanism d. For benefitting parcels above in 2b. and voluntary connections in 2c., allow property owners to finance the capital cost of $5,845.74 for up to 10 -years payable in ten equal yearly installments at an annual interest rate as set by the Board each January (currently at 5.75%) 3) Adopt Resolution No.3 with Scenario 3 with the following Items: a. Cost per parcel $5,845.74 b. Ten (10) benefitting parcels part of the special assessment lien C. Nine (9) parcels as part of a voluntary connection/capital recovery mechanism d. For benefitting parcels above in 3b. and voluntary connections in 3c., allow property owners to finance the capital cost of $5,845.74 for up to 10 -years payable in ten equal yearly installments at an annual interest rate as set by the Board each January (currently at 5.75%) ATTACHMENT(s): 1. Scenario No.2 2. Scenario No.3 3. Confirming the Special Assessment Resolution No. III for Scenario No.2 4. Assessment Roll and Assessment Area Map for Scenario No.2 5. Confirming the Special Assessment Resolution No. III for Scenario No.3 6. Assessment Roll and Assessment Area Map for Scenario No.3 APPROVED FOR AGENDA: By: i Joseph A. Baird, County Administrator F r: /rr' Date Indian River Co. ApprnvK Date Administration v Legal Budget Utilities 15 Utilities -Finance C 1:\Utilities\UTILITY - Engineering\Projects - Assessment Projects\OOOAssessments - 2012 Proposed\IR Drive - Roseland Rd to Inlet at Sebastian Condos\BCC Agenda Items\Agenda Indian River Drive Res III_cmc.doc Page 5 of 5 138 17768 1 �m 1413660 13630 a��G gLegend 13665 �p 625 13620 15 �p 13650 Assessment Area 13610 ` 12 Voluntary Portion y 13655 Proposed Parcels 7785 13 7714\ bail 11 13645, 13608 13590 10/ oAo 13580 7 7705 13550 13630 9 13635 8 13620 13610 X25 6 13608 13615 / \ 13602 4 / \ 13600, 5 1360\ 13590 2 13595 13580 1 3 13580 13570 13570 DR 13570 13570 1357013570 i 139 PROPOSED WATER ASSESSMENT PROJECT .` W E 2 N INDIAN RIVER DRIVE aka RIVERSIDE DRIVE S SCENARIO NO.2 �A o� Parcel Cost Breakdown for Scenario No.2 Parcel No. Equal 13805 1 13580 N INDIAN RIVER DR $5,845.74 2 13590 N INDIAN RIVER DR $5,845.74 O 3 13595 N INDIAN RIVER DR $5,845.74 Q 4 13600 N INDIAN RIVER DR $5,845.74 5 13605 N INDIAN RIVER DR $5,845.74 7675 6 13610 N INDIAN RIVER DR $5,845.74 Q 7 13615 N INDIAN RIVER DR $5,845.74 8 13620 N INDIAN RIVER DR $5,845.74 9 13630 N INDIAN RIVER DR $5,845.74 N 13750 10 13635 N INDIAN RIVER DR $5,845.74 11 13645 N INDIAN RIVER DR $5,845.74 13692 13690 12 13650 N INDIAN RIVER DR $5,845.74 0 13 13655 N INDIAN RIVER DR $5,845.74 0 13725 14 13660 N INDIAN RIVER DR $5,845.74 ' 19 18 15 13665 N INDIAN RIVER DR $5,845.74 13690 16 13670 N INDIAN RIVER DR $5,845.74 17 13680 N INDIAN RIVER DR $5,845.74 Total = $99,377.58 13680 18 13690 N INDIAN RIVER DR $5,845.74lu o o 13685 13680 19 13725 N INDIAN RIVER DR $5,845.74 5 17 Total = $11,691.48 13670 16 •— 2 20 INDIAN RIVER COUNTY PORTION = $51,146.02 17768 1 �m 1413660 13630 a��G gLegend 13665 �p 625 13620 15 �p 13650 Assessment Area 13610 ` 12 Voluntary Portion y 13655 Proposed Parcels 7785 13 7714\ bail 11 13645, 13608 13590 10/ oAo 13580 7 7705 13550 13630 9 13635 8 13620 13610 X25 6 13608 13615 / \ 13602 4 / \ 13600, 5 1360\ 13590 2 13595 13580 1 3 13580 13570 13570 DR 13570 13570 1357013570 i 139 fl:Y&7 13750' 2692 13690 1 7785 13680 7713 PROPOSED WATER ASSESSMENT PROJECT w h-'' WE N INDIAN RIVER DRIVE aka RIVERSIDE DRIVE ' ' S SCENARIO NO.3 Parcel Cost Breakdown for Scenario No.3 Parcel No. Property Address Cost 1 13580 N INDIAN RIVER DR $5,845.74 2 13590 N INDIAN RIVER DR $5,845.74 3 13595 N INDIAN RIVER DR $5,845.74 a• 4 13600 N INDIAN RIVER DR $5,845.74 D 5 13605 N INDIAN RIVER DR $5,845.74 6 13610 N INDIAN RIVER DR $5,845.74 13690 7 13615 N INDIAN RIVER DR $5,845.74 8 13620 N INDIAN RIVER DR $5,845.74 v 13725 19 9 13630 N INDIAN RIVER DR $5,845.74 is 10 13635 N INDIAN RIVER DR $5,8.45.74 5 Total = '$58,457.40 11 13645 N INDIAN RIVER DR $5,845.74 12 13650 N INDIAN RIVER DR $5,845.74 13 13655 N INDIAN RIVER DR $5,845.74 0 14 13660 N INDIAN RIVER DR $5,845.74 S 13680 15 13665 N INDIAN RIVER DR $5,845.74 { 17 16 13670 N INDIAN RIVER DR $5,845.74 2 13670 �Q 16 �2 17 18 13680 N INDIAN RIVER DR 13690 N INDIAN RIVER DR $5,845.74 $5,845.74 ° ° 7 L -7 1413660 19 19 13725 N INDIAN RIVER DR $5,845.74 13630 Total = $52,611.66 p�A 13665 OP 20 INDIAN RIVER COUNTY PORTION = $51,146.02 13620 15 13650 12 (13610 13655 13 13630 11 13645 9 13608 13635 8 13620 13590 10 13625 13615 7705 1 7 \ 13605 5 13595 3 13550 3580 Legend Voluntary Portion Assessment Area Proposed Parcels 13610 \ 6 136081-1 '` ,,,---13602 4 13600, 13590 2 13570 N13 1 `5700 C) \ ` 13570 13570 13570 13570 13570 \\ 1 3570 13570 �, 13570 /... 13580 1 13580 140 Public Hearing (Third Reso.) RESOLUTION NO. 2015- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CONFIRMING THE SPECIAL ASSESSMENTS IN CONNECTION WITH WATER MAIN EXTENSION FROM 13580 TO AND INCLUDING 13680 NORTH INDIAN RIVER DRIVE (ALSO KNOWN AS RIVERSIDE DRIVE) IN INDIAN RIVER COUNTY, FLORIDA; AND PROVIDING FOR SPECIAL ASSESSMENT LIENS TO BE MADE OF RECORD. WHEREAS, the Board of County Commissioners of Indian River County ("Board") has, by Resolution No. 2015-003 adopted on January 6, 2015, determined to make special assessments against certain properties to be specially benefited and serviced by a water main extension ("Assessment Project") from 13580 to and including 13680 North Indian River Drive (also known as Riverside Drive) in Indian River County, Florida ("the Assessment Area"); and WHEREAS, Resolution No. 2015-003 described the method of assessing the cost of the Assessment Project against the specially benefited properties in the Assessment Area and how the special assessments imposed on the specially benefited properties in the Assessment Area are to be paid; and WHEREAS, Resolution No. 2015-003 was published in the Indian River Press Journal on January 26, 2015, as required by Section 206.04, Indian River County Code; and WHEREAS, Resolution No. 2015-004, adopted by the Board on January 6, 2015, set a time and place for a public hearing at which the owners of the specially benefited properties in the Assessment Area to be assessed for the Assessment Project and other interested persons would have the chance to be heard as to any and all complaints as to the Assessment Project and the special assessments imposed on the specially benefited properties in the Assessment Area, and for the Board to act as required by Section 206.07, Indian River County Code; and WHEREAS, notice of the time and place of the public hearing was published in the Indian River Press Journal on Tuesday, February 24, 2015, and on Tuesday, March 3, 2015 (at least twice, one week apart; the last being at least one week priorto the hearing), as required by Section 206.06, Indian River County Code; and WHEREAS, the land owners of record were mailed notices on January 8, 2015 (at least ten days prior to the hearing), as required by Section 206.06, Indian River County Code; and WHEREAS, the Board, on Tuesday, March 10, 2015, at 9:05 a.m. (or as soon thereafter as the public hearing was heard) conducted the public hearing with regard to the special assessments; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: k 141 RESOLUTION NO. 2015- 1. The foregoing recitals are affirmed and ratified in their entirety. 2. The special assessments imposed for the Assessment Project against the specially benefited properties in the Assessment Area shown on the assessment roll attached hereto as Exhibit "A" and incorporated herein by this reference are hereby confirmed and approved, and shall remain legal, valid, and binding first liens upon and against the specially benefited properties shown on attached Exhibit "A" until paid in full. The special assessments for the Assessment Project shall constitute a lien against the specially assessed property in the Assessment Area equal in rank and dignity with the liens of all state, county, district or municipal taxes, and other non -ad valorem assessments. Except as otherwise provided by law, such special assessment lien shall be superior in dignity to all other liens, titles and claims, until paid. The special assessment lien shall be deemed perfected upon adoption by the Board of this Resolution and recordation of this Resolution in the Official Records of the County maintained by the Clerk of Indian River County. Such recordation shall constitute prima facie evidence of the validity of the special assessments imposed for the Assessment Project in the Assessment Area. 3. The special assessment imposed per parcel is in the amount of $5,845.74, and shall be due and payable and may be paid in full without interest within 90 days after the date of the passage of the as -built resolution by the Board. The as -built resolution occurs after completion of the improvements. If not paid in full within the 90 -day period from the passage of the as -built resolution, then the special assessment may be paid in ten equal yearly installments of principal plus interest; said interest rate to be determined by the Board when the improvements are completed. 4. The Board hereby finds and determines that the special assessments imposed in accordance with this Resolution and Resolution Nos. 2015-003 and 2015-004 provide an equitable method of funding the construction of the Assessment Project based upon the current uses, sizes, zoning and development potential of the parcels which are equally benefited by the provision of water, and thus the allocation of the assessment will be equal per parcel as described in Resolution No. 2015-003. The Board hereby finds and determines that the properties assessed by this Resolution will receive special benefits equal to or greater than the cost of the special assessment. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Wesley S. Davis Vice Chairman Bob Solari Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan • 142 RESOLUTION NO. 2015 - The Chairman thereupon declared the resolution duly passed and adopted this 10th day of March, 2015. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Wesley S. Davis, Chairman Deputy Clerk Approved as to form and legal sufficiency. By—� pyl . eingold, County Attorney Attachment: Exhibit "A" - Assessment Roll (to be recorded on Public Records) e v 143 PRELIMINARY ASSESSMENT ROLL EXHIBIT "A" NORTH INDIAN RIVER DRIVE - 17 LOTS 1 # 30-38-25-00000-0050-00004.0 Assessment $5,845.74 er DILL, WARREN W & Owner ISeconclary Owner KEYS, DONNA A CMailing Address PO BOX 780417 A, SEBASTIAN, FL 32978-0417 Mailing Address Legal A PARCEL OF PROPERTY LYING BETWEEN OLD US HWY NO 1 & INDIAN RIVER; LYING PARTLYIN INLET VIEW SUB SEBASTIAN, Fl- 329S8 PBI 2 64 BEING MORE PART DESC AS FOLL; FROMANIRON PIPE IN THAT PART PCL OF LAND MORE DESC AS 61L FROM AN IRON PIPE IN THE CENTER OF ROSELAND RD; THE SAME CONCRETE IN CENTERLINE OF ROSELAND RD, SAME BEING SHOWN 0 N PLAT OF INLET VIEW; RUN S 20 DEG -8 MIN E A DIST OF 628.40 BEING SHOWN ON THE PLA FT TO A PT; TH N 58 DEG 53 MIN 30 SEC E ON A LINE PARA TO T OF INLET-VIEWAS IN PBI 2-64; RUN S 20 N BDY OF LOTS I & 12 OF SAID INLET VIEW SUB TO E R/W OF OLD US HWY NO I TO A PT; TH CONT N 58 DEG 53 MIN 30 SEC E TO A 53 MIN 30 SEC E ON A . DIST OF 118.57 FT TO THE OUTSIDE OF A CONCRETE BULKHEAD; TH R LINE PA-RAILELTO THE N BDY OF LOT 1 & 12 UN SELY ALONG SAID CONCRETE BULKHEAD; TH RUN SELY ALONG SA ID CONCRETE BULKHEAD A IOF SAID INLET VIEW TO THE E ROW OF OLD US HWY ITOTHE PO ND THE INDIAN RIVER TO A PT; SAID PIT BE[ NG 70 FT MEASURED AT RIGHT ANGLES TO THE LAST PREV DESC 1-1 14 B TH N 58 DEG 53 MIN NE FOR POB; TH RUN SEL Y ALONG SAID CONCRETE BULKHEAD AND THE I 30 SEC E--ADIST -0-F 118.58 F'TTO OUTSIDE NDIAN RIVER 70 FT TO A PT IN SAID CONCRETE BULKHEAD; TH RU N S 58 DEG 53 MIN 30 S OF A CONCRETE BULKHEAD; TH SELY ALONG SAID BULKHEAD A DIST EC W A DIST OF 121.00 FT MORE OR LESS TO THE INTER OF THE E BDRY OF SAID OLD US HWY 1; TH RUN NWLY OF 70.07 FT MEASUR-E-D'--* ALONG SAID E ROW LINE OF OLD US HWY 170 FT MORE OR LESS TO A PT ON A LINE WHICH 15 70 FT NLY AND AT RIGHT ANGLES TO SA ID 121.00 FT LINE; TH AT RIGHT ANGLES TO THE LAST DESC LINE; ON A LINE RUNNING jj-DEG -53 MIN -k-SEC E A DIST OF 120.45 FT MORE 6-R—LESS i6—A POB Site Address 13670 N INDIAN RIVER DR Parcel # .30-38-25-00000-0050-O0004.1 Assessment $5,845.174, Owner -- AN MARY & 8 LAN kA FRANKLIN,R M JANE Secondary Owner Mailing Address 13680 N INDIAN RIVER DR SEBASTIAN, Fl- 329S8 Legal THAT PART PCL OF LAND MORE DESC AS 61L FROM AN IRON PIPE IN THE CENTER OF ROSELAND RD; THE SAME BEING SHOWN ON THE PLA T OF INLET-VIEWAS IN PBI 2-64; RUN S 20 DEG 08 MIN E A DIST OF 628.40 FT TO A PT, TH RUN N 58 DEG 53 MIN 30 SEC E ON A . LINE PA-RAILELTO THE N BDY OF LOT 1 & 12 IOF SAID INLET VIEW TO THE E ROW OF OLD US HWY ITOTHE PO B TH N 58 DEG 53 MIN 30 SEC E--ADIST -0-F 118.58 F'TTO OUTSIDE OF A CONCRETE BULKHEAD; TH SELY ALONG SAID BULKHEAD A DIST OF 70.07 FT MEASUR-E-D'--* AT RIGHT ANGLES TO THE LAST DESC LINE; HS5 8 DEG 53 MIN 30 SEC W 12 0.4 5 FT TO THE ELY BDRY OF OL D US HWY 1; TH NWLY AL C ONG SAID EASTERN BDRY OF OLD US HWY 1 TO THE POB; LAND NOW LYING AND BEING IN SEC 25-30-38 Site Address 136 k6-1—A—Wi4VER R 80 N -b 2/17/2015 "V K'-.10aqo p -i t.) ,, 0 v �' 144 A�-- R, 111fd Cs• PRELIMINARY ASSESSMENT ROLL NORTH INDIAN RIVER DRIVE - 17 LOTS Parcel # 30-38-25-00000-0050-00009.0 Assessment = $5,845.74 Owner JOLLEY, SAMUEL E Secondary Owner _. Mailing Address 13590 INDIAN RIVER DR SEBASTIAN, FL 32958 Legal FROM AN IRON PIPE ON THE N EDGE OF THE _ PAVING OF THE ROAD LEADING FROM STATE R# 4 TO THE TOWN OF ROSELAND; & ON THE _ CENTERLINE OF OLD DIXIE HWY; RUN S 20 DEG 08 MIN E ALONG THE CENTERLINE OF THE OLD DIXIE HWY _ A DIST OF 1270.1 J — FT MORE OR LESS; THENCE RUN N 59 DEG 09 MIN E A DIST OF 25 FT TO THE NW COR OF LOT 8; INLET VIEW SUB; THENCE CONT N 59 DEG 09 MIN E ALONG THE N UNE OF SAID LOT 8 A DIST OF 244.4 FT TO THE POB; THENCE RUN A LONG THE SAME BEARING i & ALONG THE N LINE OF LOT 6 OF INLET VIEW SUB TO A POINT ON THE W R/W LINE OU S HWY # 1 THENC 'E RUN NWLY & ALONG THE _- W R/W LINE OF U S HWY # 1108.38 FT, : THENCE RUN S 59 DEG 09 MIN W & PARALLEL T HE N LINE OF LOT 6 A DIST OF 209 FT THENCE RUN SELY TO THE POB;(OR BK 488 PP 889) Site Address 13615 & 13625 N INDIAN RIVER DR Parcel# 30-38-25-00000-0050-00010.0 Assessment= $5,845.74 Owner GAFFNEY, JOHN D Secondary Owner i �._ Marling Address -- _. .,13620 N INDIAN RIVER DR SEBASTIAN, FL 32958 Legal SELY 100 FT OFPART OF LOTS 5 & 7; LYING j - _ E OF OLD D/H AS IN D BK 42; PP 479; LYING E OF U S HWY r NO 1; AS IN D BK 83; PP 131 Site Address 13620 & 13622 N INDIAN RIVER DR I c. ,p.ae;r.. G;..r:....i.nt l .. . ..�u+..:r,amenr+ `J!; � rip �yc.d !F fs: •.v- N,:.eiaia nu c: Ir•. .o! nc145 2 PRELIMINARY ASSESSMENT ROLL NORTH INDIAN RIVER DRIVE - 17 LOTS Parcel # 30-38-25-00000-0050-00011.0 Assessment $5,845.74 Owner INDIAN RIDGE CORPORATION, Secondary Owner Mailing Address 13590 INDIAN RIVER DR f SEBASTIAN, FL 32958 _ _ - -� "' _ i I Legal ALL FHLL DES PROPERTY 1 ( KA RIVERSIDE NG WLY9 F O DUSHWYDR): COM AT AN IRON PIPE ON THE N EDGE OF THE PAV �- ING OF THE RD LEADING FROM Si RD NO 4 TO --E - _ - --_-I - --- --; THE TWN OF ROSELAND & ON THE CENTERLINE OF THE OLD DIXIE HWY RUN S 20 DEG 08 MI - - --!---___----- _ N 00 SEC E ALONG THE CENTERLINE OF THE OLD DIXIE HWY A_DIST _OF 106'8.63 FT; TH RUN N 59 DEG 06 MI -4- N i N 00 SEC E A DIST OF 2 15.50 FT FOR THE POB; TH RUN N 59 DEG 09 MIN 00 SEC E TO THE INDIAN RIVER (FOR NLY LINE); TH RUNS WLY ALONG THE IR TO A PT ON THE W SHORE OF THE IR WHICH WOULD ! BE A DIST OF98.38 FT FROM THE PREVIOUS PT MEASURED ON A LI NE PARA TO THE CENTERL INE OF OLD US HWY #1 AS IT EXIST ON THE } DATE OF THIS DEED (RIVERSIDE DR ROUTE); TH RUN S 59 DEG 09 MIN 00 SEC W TO THE E BDY LINE OF OLD US HWY #1;& WHICH PT IS r 98.38 FT SELY FROM NLY LINE OF SAID PROPERTY MEASURED ALO - - NG THE E R/W LINE OF0 LD US HWY #1; TH RUN NWLY ALONG THE E R/ _ W LINE OF OLD US HWY #1 A DIST OF 8 38FT; TH RUN S 59 DEG 09MIN00SECWTOAP T WHICH IS 209.00 FT W OF THE W R/W LINE OF US HWY #1; TH RUN NWLY ON A LINE PARA WITH THE W R/W L INE IF OLD US HWY #1 A DIST OF 90.00 FT TO THE POB_ -- Site Address 13635 & 13637 N INDIAN RIVER DR Parcel # 30-38-25-00000-0050-00012.0 Assessment = $5,845.74 Owner OLES, RALPH & SALLY --- I Secondary Owner Address 13630 N INDIAN RIVER DR Mailing _ SEBASTIAN FL 32958 FT THAT PART LYING BETWEEN Legal N 98.38 OF OLD US HIGHWAY NO 1 & RIVER, BEING PAROF LOTS 5 & 7; LYI i NG E OF OLD D/H ASR !i BC9; PP 294 & R BK 180 PP 637 Sk Address 13630 N INDIAN RIVER DR_ - 0 211112(11', uI lPt,es\til It 11 Y E:Ftnt 11 '11 I s :. u i r' tF t. O r 4s<es r) I ruts :i11.' f'raposAd'.Ik Jiive . Ruselar,l R6 tc Ir t et �--146 3 N-,,.. •. wrt ,-Id,, 10_77.2014\fK dDala 10 27_J014\41DH_ PrelimAas .: PRELIMINARY ASSESSMENT ROLL NORTH INDIAN RIVER DRIVE -17LOTS Assessment $5,845.74: Parcel # 30-38-25-0000-0070-00001.0 Owner COALBY ARMS LLC, [Mailing Address 642 EAST RIDG ------- ORLANDO, FL 32803 Lega| FROM INTERSECTION orsLINE cFINLET VIEW SUB &_cn/WLINE c»OLD STATE _VomOs;ALSO KNOWN _ ' sRIVER ROAD; num saxALONG SAID sn/wADIST opso/mp n*Emcs�nmp�m^//c/Tosuwsop/m�cTo���§io�b\md/h�----' - - --_ _ - - - _ -__-- xcFIND mv rxswcE �^xsxwosmmGmvvmALONG SAID IND RIV TO S - �--- — - `umsop|ma�v/awsu�f*smc�Wh��uows�msuwcop/w� ---- _- '-- -_- ^. VIEW '.~.~^.,_ OF OLD STAT E RD NO 5; ALSO KNOWN AS THE mv�nnoxoToT*spoALSO _ F LAND ^aDESCmn� � - 201pp4 - -- -------------- --�-�� _ -_----_----_-_'- Site Address 13580 N INDIAN RIVER DR P -qLel 30-38-25-00004-0000-00001.0 Sci Ft 26,572 Assessment $584574 sTAmsncuD,o*»|oom - _ - ____ _ . Owner .Secondary DRAKE, LINDA 0Mailing Address 13660 N INDIAN RIVER DRSEBASTIAN, Mailing Address 2095 LAKESHORE BLVD W STE 316 FL 329S8PBI TORONTO ONTARIO CANADA, M8V 4G4 TDESC PLAT OF INLET VIEW SUBDIVISION PBI 2-64 THAT PART OF LOTS I & 2 LYING W 13665 N INDIAN RIVER DR Site Address BONG LOT � ELY OF US HWY NO I AS R BK 10 PP 653site Address Parcel _ _ Assessment ~ $5,845.74$5,845.74- -� Owner sTAmsncuD,o*»|oom - _ - ____ _ . Owner .Secondary DRAKE, LINDA 0Mailing Address 13660 N INDIAN RIVER DRSEBASTIAN, FL 329S8PBI TDESC LAND; PARC OF LAND BETWEEN US HWY NO I & IND RIVER BORIVER BONG LOT � ELY OF US HWY NO I AS R BK 10 PP 653site Address 13*660 N INDI AN RIVER DR 2/z7jm15 �`'~^P051^wow. p=+=^Rdm1,11cl 61 :� 1 7 PRELIMINARY ASSESSMENT ROLL NORTH INDIAN RIVER DRIVE - 17 LOTS Parcel # 30-38-25-00004-0000-00002.1 Assessment = $5,845.74 Owner ALICANDRO SEAN A SecondaryOwner t - { Mailing Address 13650 N INDIAN RIVER DR I I SEBASTIAN, FL 32958 - - -. �— - 1 Legal PLAT OF INLET VIEW SUBDIVISION _ � PBI 2-64 SLY 15 FT OF A PARC OF LAND BETaw WEEN US HWY #1 & IND RIV BOUNDED ON N & S BY EXTENSION OF N & S LINES OF LOT 2 T -- 0 IND RIV; BEING LOT LYING ELY OF US HWY #1 &PARC Of LAND BET US HWY 1 & IND RIV BNDED ON N & S B I Y EXT OF N & S LINES 0 - I- _.. _ ----- ---- _ F LOT 3 TO IND RIV, BEING LOT 3; ELY OF US HWY #1; BEING MORE PART DESC AS FOLL; ALL -THAT PART OF LOT 3 LYING NE OF OLD "� US HWY #1 (NKA INDIAN RIVER DR); & THE S 15 FT OF LOT 2 LYING ON THE E SIDE OF OLD US HWY 1 (NKA I NDIAN RIVER DR) Site Address 13650 N INDIAN RIVER DR Parcel # Owner 30-38-25-00004-0000-00003.0 -------- ALICANDRO, SEAN A =' --- -L --- ---- - --- -- ......- i ---- I 1- Assessment = $5,845.74 - - - FUNNELL,JUDI�A.(TR)—__—�_�—``...__—Secondary Secondary Owner M,iling Address 13650 N INDIAN RIVER DR Owner _ Legal SEBASTIAN, FL 32958 PLAT OF INLET pg 264 THAT VART OF LOT 3 LING WLY OFF—_IEW SU .. — _ - -- Y-- - Mailing Address USHWYNOI Site Address 13655 N INDIAN RIVER DR Parcel # 30-38-25-00004-0000-00004.0- Owner PENDERGAST, LAURA Assessment - 5,845.74 Secondary Owner Mailing Address 13645 N INDIAN RIVER DR SEBASTIAN, FL 32958 Legal PLAT OF INLET VIEW SUBDIVISION LOT 4 -- PBI 2-64 - - Site Address 13645 N INDIAN RIVER DR Parcel # 30-38-25-00004-0000-00006.0 _ _ _ _ Assessment $5,845.74 Owner FUNNELL,JUDI�A.(TR)—__—�_�—``...__—Secondary Owner - Mailing Address 46�5 69TH VFL 32967 ERO BEACHT j Legal 1PLAT OF INLET VIEW SUBDIVISION i + LOT 6, LYING WILY OFUSHWY I--__�---- FBI 2 -64 Site Address 13605 N INDIAN RIVER DR (~ i ---- is 2/17/2015, h�L..die.r�:W .'i;+• cnE"•�•nrg\P.:jr AS - I I+.j -71'rO A. s;;m�r.,, '!I:V ec 4cd\IR U�irr Roerl a nd Rc•I:. In let a -' 148 5 c r7oa\Nrw _.. ,•dr ou-.,Idc_10_27-'!Id\P c !Da La _W_2 7..2U 14'J9 OR PreU mti,.rs, F.e.+sed k41 PRELIMINARY ASSESSMENT ROLL NORTH INDIAN RIVER DRIVE - 17 LOTS Parcel # 30-38-25-00004-0000-00006.1 Assessment = $5,845.74 +owner MCELVEEN, STEPHEN A (TR) & KAREN S (TR) Secondary Owner - - -_ Mailing Address 13600 N INDIAN RIVER DR i SEBASTIAN, FL 32958 i I t Legal PLAT OF INLET VIEW SUBDIVISION I j INLET VIEW SUB PBI 2-64 PARCEL OF LAND — j 'BETWEEN U S HWY NO 1 & IND RIV BOUNDED ON N & S BY EXTENS ION OF N & S LINES OF iij -- LOT 6 TO IND RIV; ALSO BEG AT PT ON E T IND RIV; ALSO BEG AT PT ON E BDRY UNE OF US NO 1 WHERE SAID BDRY LINE IS ; INTERSECTED BY N LINE OF LOT 7 THENCE RUN SELY ALONG E BDRY LINE OF SAID HWY 61.5 FT; THENCE NE LY ON UNE PARALLEL TO EXTENDED N LINE OF LOT 7 TO IND RIV; - THENCE NWLY ALONG RIV SHORE TO NE COR OF EXTENDED N LINE 0 ! F LOT 7; THENCE S W LY 0 ,— EXTENDED -' 17 1 LINE 0DF SAID LOT 7 0 PP 411 & 413 & RBK1810 NRB PP 395 ALSO PARCEL OF LAND AS SCIN R B K ! 197 PP 152 & LESS FOLL DESC PROP; COM A - T E R/W ST RD #5 A/K/A OLD US HWY #1 & N UNE LOT 6; TH S X32 DEG 56 MIN 30 SEC E ALONG ELY R/W LINE ST RD #5 DIST OF 75. 05 FT TO POB; TH CONT S 32 DEG 56 MIN 30 SEC E--81.85!004 - --- ! A3/4INCH IRON PIPE — TH PROCEED N 59 DEG 24 MIN 30 SEC E 62. - — 00 FT TO A 4 INCH X 4 INCH CONCRETE MONUME EG— R 55 MIN 30 SEC E 155.00 - ---- - FT; TH N 32 DEG 57 MIN 13 SEC W 76.78 F - -- - i -- --- ----- — T; TH S 65 DEG 22 MIN 39 SEC W 217.26 FT TO POB.- �- Site Address 13608 & 13610 N INDIAN RIVER DR Parcel # j30-38-25-00004-0000-00006.2 Assessment = $5,845.74 'Owner MCELVEEN, STEPHEN A (LE) & KAREN j(LE) _-.�___,. Secondary Owner MCELVEEN, STEPHEN A & KAREN 5 TR 'Mailing Address 13600 N INDIAN RIVER DR SEBASTIAN, FL 32958-3435 — Legal PLAT OF INLET VIEW SUBDIVISION-- -- PBI 2-64 COM AT E R/W ST RD #5 A/K/A OLD ' US HWY #1 & N LINE LOT 6; TH 5 32 DEG 56 MIN 30 SEC E ALO I NG ELY R/W UNE ST RD _ ----- ---�---- -.. J #5 DIST OF 75.05 fT TO POB; TH CONTS 32 DEG 56 MIN 30 SEC E 81.85 FT TOA3/41NCH IRON PIPE; TH )PROCEED N 59 DEG 24 MI N 30 SEC E 62.00 FT TO A 4 INCH X 4 INCH CONCRETE MONUMENT; TH N 65 DEG 55 TH R-32 DEG 57 MIN 13 SEC W 76.78 FT; TH 5 65 DEG 22 MIN 39 S EC W 217.26 FT TO POB. I Site Address 14i66 -W13 6-02 N INDIAN RIVER -D-R- 2.117/21)1s R 2/17/2i»s F \ll[tl:Les\'JtllllY EnwinrnnnE\f,!o)ecre-.3t>eesrrcnt P,0posmdt!R Cave Po-I.nd Rci to 100 at Se 449 6 Cvndn'tNt,A:-1-!,,waf o I der_10_27-2014\Excel Data 10,2-7):.411 R_ OP_Pre Iim As ses. R ed:>ed.>!,A PRELIMINARY ASSESSMENT ROLL NORTH INDIAN RIVER DRIVE - 17 LOTS c. Parcel # 30-38-25-00004-0000-00007.1 Assessment = $5,845.74 Owner JOLLEY, SAMUEL E & RUTH ANN Secondary Owner Mailing Address 13590 N INDIAN RIVER DR SEBASTIAN, FL 32958 PLAT OF VIEW SUBDIVISION 4 PBf 2-64 PAR OF ahl) BTW US HWi I CIND RIVBNDEDONNtSBYEXTOFN-SLINtbFLbT.7fbiii6 IV ------------- LESS BOONE, ALSO PARC I DESC IN OR BK 201 PP 64 (OR SK 423 PP 55 1) ,Site Address 13590 N INDIAN RIVCk— bi ?,/ 17;1 2015 - r' -V, 8,1,0mid Rd L!mlet �� e 7 }der-10_17_<_;0.XI.P;�pbi�0\]R 150 '014\Exce1DAt6 )7_,1014\; R Dk P-OhmA5scs,. Parcel # 30-38-25-00004-0000-00007.0 Assessment = $5,845.74 Owner DOUBLE R & D INC, Secondary Owner Mailing Address C/O CAROL HESS 1335 SHORELINE CIRCLE SEBASTIAN, FL 32958 Legal PLAT OF INLET VIEW SUBDIVISION LOT 7, LYING WLY OF US 4-� -A� PBI 2-64 Site Address 13595 N INDIAN RIVER DR - - --- -------- Parcel # 30-38-25-00004-0000-00007.1 Assessment = $5,845.74 Owner JOLLEY, SAMUEL E & RUTH ANN Secondary Owner Mailing Address 13590 N INDIAN RIVER DR SEBASTIAN, FL 32958 PLAT OF VIEW SUBDIVISION 4 PBf 2-64 PAR OF ahl) BTW US HWi I CIND RIVBNDEDONNtSBYEXTOFN-SLINtbFLbT.7fbiii6 IV ------------- LESS BOONE, ALSO PARC I DESC IN OR BK 201 PP 64 (OR SK 423 PP 55 1) ,Site Address 13590 N INDIAN RIVCk— bi ?,/ 17;1 2015 - r' -V, 8,1,0mid Rd L!mlet �� e 7 }der-10_17_<_;0.XI.P;�pbi�0\]R 150 '014\Exce1DAt6 )7_,1014\; R Dk P-OhmA5scs,. Public Hearing (Third Reso.) RESOLUTION NO. 2015- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CONFIRMING THE SPECIAL ASSESSMENTS IN CONNECTION WITH WATER MAIN EXTENSION FROM 13580 TO AND INCLUDING 13635 NORTH INDIAN RIVER DRIVE (ALSO KNOWN AS RIVERSIDE DRIVE) IN INDIAN RIVER COUNTY, FLORIDA; AND PROVIDING FOR SPECIAL ASSESSMENT LIENS TO BE MADE OF RECORD. WHEREAS, in 2006 the Board of County Commissioners contemplated an assessment project to provide water along Indian River Drive from North U.S. 1 to just south of 129t1 Place, however the project did not move forward due to the lack of support from the property owners at the public hearing; and WHEREAS, in 2012 a petition signed by 8 property owners out of 10 in favor of a water assessment project to run from 13580 to 13635 North Indian River Drive was presented to the Board, and WHEREAS, an additional property owner located approximately 350 feet north of the petition area requested to be included in the water assessment project, thus the area changed to lkw encompass the properties from 13580 to and including 13680 North Indian River Drive, with the number of benefited properties therefore changing from 10 to 17, with a total of 11 property owners in favor of the project; and WHEREAS, the Board of County Commissioners of Indian River County ("Board") has, by Resolution No. 2015-003 adopted on January 6, 2015, determined to make special assessments against certain properties to be specially benefited and serviced by a water main extension ("Assessment Project") from 13580 to and including 13680 North Indian River Drive (also known as Riverside Drive) in Indian River County, Florida ("the Assessment Area"); and WHEREAS, Resolution No. 2015-003 described the method of assessing the cost of the Assessment Project against the specially benefited properties in the Assessment Area and how the special assessments imposed on the specially benefited properties in the Assessment Area are to be paid; and WHEREAS, Resolution No. 2015-003 was published in the Indian River Press Journal on January 26, 2015, as required by Section 206.04, Indian River County Code; and WHEREAS, Resolution No. 2015-004, adopted by the Board on January 6, 2015, set a time and place for a public hearing at which the owners of the specially benefited properties in the Assessment Area to be assessed for the Assessment Project and other interested persons would have the chance to be heard as to any and all complaints as to the Assessment Project and the special assessments imposed on the specially benefited properties in the Assessment Area, and for the Board to act as required by Section 206.07, Indian River County Code; and 151 RESOLUTION NO. 2015 - WHEREAS, notice of the time and place of the public hearing was published in the Indian River Press Journal on Tuesday, February 24, 2015, and on Tuesday, March 3, 2015 (at least twice, one week apart; the last being at least one week prior to the hearing), as required by Section 206.06, Indian River County Code; and WHEREAS, the land owners of record were mailed notices on January 8, 2015 (at least ten days prior to the hearing), as required by Section 206.06, Indian River County Code; and WHEREAS, the Board, on Tuesday, March 10, 2015, at 9:05 a.m. (or as soon thereafter as the public hearing was heard) conducted the public hearing with regard to the special assessments; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The foregoing recitals are affirmed and ratified in their entirety. 2. Based upon all of the information that had been presented throughout the entire process, the Assessment Area is reduced from 17 properties to the original 10 properties, encompassing the area from 13580 to and including 13635 North Indian River Drive (also known as Riverside Drive) in Indian River County, Florida ("Revised Assessment Area"). 3. The special assessments imposed for the Assessment Project against the specially benefited properties in the Revised Assessment Area shown on the assessment roll attached hereto as Exhibit "A" and incorporated herein by this reference are hereby confirmed and approved, and shall remain legal, valid, and binding first liens upon and against the specially benefited properties shown on attached Exhibit "A" until paid in full. The special assessments for the Assessment Project shall constitute a lien against the specially assessed property in the Revised Assessment Area equal in rank and dignity with the liens of all state, county, district or municipal taxes, and other non -ad valorem assessments. Except as otherwise provided by law, such special assessment lien shall be superior in dignity to all other liens, titles and claims, until paid. The special assessment lien shall be deemed perfected upon adoption by the Board of this Resolution and recordation of this Resolution in the Official Records of the County maintained by the Clerk of Indian River County. Such recordation shall constitute prima facie evidence of the validity of the special assessments imposed for the Assessment Project in the Revised Assessment Area. 4. The special assessment imposed per parcel is in the amount of $5,845.74, and shall be due and payable and may be paid in full without interest within 90 days after the date of the passage of the as -built resolution by the Board. The as -built resolution occurs after completion of the improvements. If not paid in full within the 90 -day period from the passage of the as -built resolution, then the special assessment may be paid in ten equal yearly installments of principal plus interest; said interest rate to be determined by the Board when the improvements are completed. 5. The Board hereby finds and determines that the special assessments imposed in accordance with this Resolution and Resolution Nos. 2015-003 and 2015-004 provide an equitable method of M 152 A RESOLUTION NO. 2015 - funding the construction of the Assessment Project based upon the current uses, sizes, zoning and development potential of the parcels which are equally benefited by the provision of water, and thus the allocation of the assessment will be equal per parcel as described in Resolution No. 2015-003. The Board hereby finds and determines that the properties assessed by this Resolution will receive special benefits equal to or greater than the cost of the special assessment. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Wesley S. Davis Vice Chairman Bob Solari Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan The Chairman thereupon declared the resolution duly passed and adopted this 10th day of March, 2015. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey R, Smith, Clerk of Court and Comptroller 0 a Deputy Clerk Approved as to form and legal ici8ncy: By D�y1an Reingold, County Attorney Wesley S. Davis, Chairman Attachment: Exhibit "A" - Assessment Roll (to be recorded on Public Records) 3 153 PRELIMINARY ASSESSMENT ROLL NORTH INDIAN RIVER DRIVE - 10 LOTS EXHIBIT "A" Parcel # 30-38-25-00000-0050-00009.0 t Assessment = $5,845.74 Owner JOLLEY, SAMUEL E Secondary Owner Mailing Address 13590 INDIAN RIVER DR SEBASTIAN, FL 32958 Legal FROM AN IRON PIPE ON THE N EDGE OF THE PAVING OF THE ROAD LEADING FROM STATE R# 4 TO THE TOWN OF ROSELAND; & ON THE _ CENTERLINE OF OLD DIXIE HWY; RUN S 20 DEG O8 MIN E ALONG THE CENTERLINE OF THE OLD DIXIE HWY A DIST OF 1270.1 — FT MORE OR LESS; THENCE RUN N 59 DEG 09 MIN E A DIST OF 25 FT TO THE NW COR OF LOT 8; INLET VIEWlow — -- --- - — + SUB; THENCE CONT N 59 DEG 09 MIN E ALONG THE N LINE OF SAID — LOT 8 A DIST OF 244.4 FT TO THE POB; THENCE RUN A LONG THE SAME BEARING & ALONG THE N LINE OF LOT 6 OF INLET 1 { VIEW SUB TO A POINT ON THE W R/W LINE OU— E RUN NWLY & ALONG THE W R/W LINE OF U S HWY # 1108.38 FT; — — THENCE RUN S 59 DEG 09 IN W & PARALLEL TO THE N LINE OF LOT 6 A DIST OF 209 FT THENCE RUN SELY TO THE POB;(OR BK — — 488 PP 889) — Site Address 13615 & 13625 N INDIAN RIVER DRµ 1 154 Parcel # 30-38-25-00000-0050-00010.0 Assessment= $5,845.74 Owner GAFFNEY, JOHN D ! I Secondary Owner j — J Mailing Address 13620 N INDIAN RIVER DR �- - SEBASTIAN, FL 32958 Legal SELY 100 FT OF PART OF LOTS 5 & 7; LYING — — --- — —I E OF OLD D/H AS IN D BK 42; PP 479; LYING E OF U S HWY ; NO 1; AS IN D BK 83; --._—_._-- PP 131 Site Address 13620 &13622 N INDIAN RIVER DR 1 154 PRELIMINARY ASSESSMENT ROLL NORTH INDIAN RIVER DRIVE - 10 LOTS 0 Parcel # 30-38-25-00000-0050-00011.0 Assessment = $5,845.74 Owner INDIAN RIDGE CORPORATION, Secondary Owner Mailing Address 13590 INDIAN RIVER DR SEBASTIAN, FL 32958 :Legal ALL OF THE FOLL DES PROPERTY LYING WLY 0 F OLD US HWY H1 (NKA RIVERSIDE DR): COM AT AN IRON PIPE ON THE N EDGE OF THE PAV ING OF THE RD LEADING FROM ST RD NO 4 TO THE TWN OF ROSELAND & ON THE CENTERLINE OF THE OLD DIXIE ! HWY RUN S 20 DEG 08 MI N 00 SEC E ALONG THE CENTERLINE OF THE OLD DIXIE HWY A DIST OF 1068.63 FT, TH RUN N 59 DEG 06 MI N 00 SEC E A DIST OF 2 I 15.50 FT FOR THE POB; TH_R_UN N 59 6i6-6-- MIN EG09MIN 00 SEC E TO THE INDIAN RIVER (FOR WLY LINE); TH RUNS — WLY ALONG THE IR TO A PT ON THE W SHORE OF THE IR WHICH WOULD BE A DIST OF -98.38 FT FROM THE PREVIOUS PT MEASURED O --} NE PARA TO THE CENTERL INE OF OLD US HWY #1 AS IT EXIST ON THEr - --` DATE OF THIS DEED (RIVERSIDE DR ROUTE); TH RUN S 59 DEG 09 MIN 00 SEC W TO THE E BDY LINE OF OLD T HWY #1;& WHICH PT IS _ 98.38 FTSELY FROM NLY LINE OF SAID PROPERTY MEASURED ALO NG THE E R/W LINE OF O LD US HWY #1; TH RUN NWLY ALONG TH R/ i W LINE OF OLD US HWY #1 ADI ST OF 8.38 • TH RUN S 59 DEG — -- — - - - — 09 MIN 00 SEC W TO A P T WHICH IS 209.00 FT W OF THE W R/W LINE OF US HWY #1; TH RUN NWLY ON A LINE PARA WITH THE W R/W L INE OF OLD US HWY #1 A DIST OF 90.00 FT TO THE POB Site Address 13635 & 13637 N INDIAN RIVER DR Parcel # 30-38-25-00000-0050-00012.0 Owner OLES, RALPH & SALLY Secondary Owner _ — — Mailing Address 13630 N INDIAN RIVER DR SEBASTIAN FL 32958 •Legal N 98.38 FT OF THAT PART LYING BETWEEN ~� OLD U S HIGHWAY NO 1 & RIVER; BEING PAROF LOTS 5 & 7; LYI — NGEOFOLDD/HASR _-- - - !'iBK9;PP294&RBK180PP637— (Site Address 13630 N INDIAN RIVER DR E • Assessment = $5,845.74 t � i 2/171.01', � \Uilht�c>\UTll11Y [i�gl•,2eting�,v..���-ts f�ne;;r t - ��. b.\tkNA�.r^,ne .rCl t �.r•d\ift Ur be R; tl �.� t.i.^�o-et et �21��155 Condos\Nuu„ses +�enrl oldc .!^, .: L`U\E><cel��. a l:� i' 201a�1fi..0 i_Air rn.r+5sess Rcvised.ae, PRELIMINARY ASSESSMENT ROLL NORTH INDIAN RIVER DRIVE - 10 LOTS C Parcel# 30-38-25-0000-0070-00001.0 Assessment= $_5,8_45.74 Owner COALBY ARMS LLC, I _ Secondary Owner �- � _ F -- ling Address 642 EAST RIDGEWOOD ST - - - ORLANDO, FL 32803 Legal FROM INTERSECTION OF S LINE OF INLET ,I VIEW SUB & E R/W LINE OF OLD STATE RD NO 5; ALSO KNOWN A 1 1 S RIVER ROAD; RUN I SELY ALONG SAID E R/W A DIST OF 60.00 F r THENCE ELY & PARALLEL TO S LINE OF INLET VIEW SUB TO W BAN K OF IND RIV, THENCE - --- - _— - - - -- -- MEANDERING NWLV ALONG SAID IND RIV TO S _ ! - LINE OF INLET VIEW SUB; THENCE WILY ALONSAID ._ .._ S LINE OF INL_. ET VIEW SUB TO E R/W - OF OLD STATE RD NO 5, ALSO KNOWN AS THE -- r RIVER ROAD TO THE POB; AS R BK 178 PP 675 LSO PARCEL O F LAND AS DESC IN R BK i 201 PP 644 -' - Site Address 13580 N INDIAN RIVER DR Parcel # 30-38-25-00004-0000-00006.0 Assessment = $5,845.74 Owner FUNNELL, JUDI A (TR) Secondary Owner - Mailing Address 4685 69TH ST VERO BEACH, FL 32967— Legal PLAT OF INLET VIEW SUBDIVISION LOT 6, LYING WLY OF US HWY 1 PBI 2-64 Site Address 13605 N INDIAN RIVER DR 3 156 PRELIMINARY ASSESSMENT ROLL NORTH INDIAN RIVER DRIVE - 10 LOTS Parcel # 30-38-25-00004-0000-00006.1 Assessment = $5,845.74 Owner MCELVEEN, STEPHEN A (TR) & KAREN S (TR) Secondary Owner Mailing Address 13600 N INDIAN RIVER DR - - V SEBASTIAN, FL 32958 Legal PLAT OF INLET VIEW SUBDIVISION INLET VIEW SUB PBI 2-64 PARCEL OF LAND BETWEEN U S HWY NO 1 & IND RIV BOUNDED ON N & 5 BY EXTENS ION OF N & S LINES OF I LOT 6 TO IND RIV; ALSO BEG AT PT ON E T IND RIV; ALSO BEG AT PT ON E BDRY LINE OF US NO 1 WHERE I — SAID BDRY LINE IS INTERSECTED BY N LINE OF LOT 7 THENCE RUN SELY ALONG E BDRY LINE OF SAID HWY 61.5 FT; THENCE NE k LY ON LINE PARALLEL TO v _ EXTENDED N LINE OF LOT 7 TO IND RIV; THENCE NWLY ALONG RIV SHORE TO NE COR OF EXTENDED N LINE 0 1 F LOT 7; THENCE SWLY 0 EXTENDED LINE OF SAID LOT 7 TO POB; AS -t IN R BK 171 PP 411 & 413 & R BK 181 PP 395 AL50 PARCEL OF LAND AS DESC IN R BK 197 PP 152 & LESS FOLL DESC PROP; COM A _ T TE R/W ST RD #5 A/K/A OLD US HWY #1 &N LINE LOT 6; TH 5 32 DEG 56 MIN 30 SEC E - ALONG ELY R/W LINE ST RD #5 DIST OF 75. 05 FT TO POB; TH CONT 5 32 DEG 56 MIN 30 SEC E 8185 FTTO �— ! A 3/4 INCH IRON PIPE; - — ---- - - — --- - -- - -- --- _ — -- —. ._. _. - -- ---fir-- -- --- TH PROCEED N 59 DEG 24 MIN 30 SEC E 62. 00 FT TO A 4 INCH X 4 INCH CONCRETE MONUMENT; THN 65 DEG I 55 MIN 30 SEC E 155.00 TTTHS65DEG 22MIN 39SECW217.26FTTOPOB. Site Address 13608 & 13610 N INDIAN RIVER DR I Parcel If 30-38-25-00004-0000-00006.2 Assessment = $5,845.74 Owner MCELVEEN, STEPHEN A (LE) & KAREN S (LE) .Secondary Owner MCELVEEN, STEPHEN A & KAREN S (TR) Mailing Address 13600 N INDIAN RIVER DR I - ---. SEBASTIAN, FL 32958 3435 Legal PLAT OF INLET VIEW SUBDIVISION 1_ PBI 2-64 COM AT E-R/W ST RD #5 A/K/A OLD US HWY #1 & N LINE LOT 6; TH 5 32 DEG 56 MIN 30 SEC E ALO I 1 NG ELY R/W UNE ST RD - -- - - -- t #5 DIST OF 75.05 FT TO POB; TH CONT S 32 DEG 56M, 6 MIN 30 SEC E 81.85 FT TO 3/4 INCH IRON PIPE; TH r-- - -- -- --- _ - jPROCEED N 59 DEG 24 MI I N 30 SEC E 62.00 FT TO A 4 INCH X 4 INCH CONCRETE MONUMENT; TH N 65 DEG 55 MIN 30 SEC E 155.00 FT; j TH N"32 DEG 57 MIN 13 t SEC W 76.78 FT; TH S 65 DEG 22 MIN 39 S — EC W 217.26 FT TO POB. Site Address 13600 & 13602 N INDIAN RIVER DR • 2/17/2nrn r. 1e01 Alse S.menl ke..';:wd nd to ;mat at 5e457 4 condos\NewAsses::.%-0 �Adei 10:7-i0141EAcelQeta_70_77.2i;-�•,4i_ 6RPrr1i1)At:e=.>Rnvised..lu PRELIMINARY ASSESSMENT ROLL NORTH INDIAN RIVER DRIVE - 10 LOTS e Parcel # 30-38-25-00004-000.0-00007.0 Assessment = $5,84_5_.74 Owner DOUBLE R & D INC, Secondary Owner t- — - ---.. ----------._.__j,-_--- ------1 Mailing Address C/O CAROL HESS ! 1335 SHORELINE CIRCLE SEBASTIAN, FL 32958 - Legal PLAT OF INLET VIEW SUBDIVISION i LOT 7, LYING WLY OF US HWY 1 -+- I - I PB1 2-64 i Site Address 13595 N INDIAN RIVER DR Parcel 9 30-38-25-00004-0000-00007.1 Assessment = $5,845.74 Owner JOLLEY, SAMUEL E & RUTH ANN Secondary Owner Mailing Address 13590 N INDIAN RIVER DR I SEBASTIAN, FL329S8 PLAT OF INLET VIEW SUBDIVISION PBI 2-64 PAR OF LAND BTW US HWY 1 & IND _ RIV BNDED ON N & S BY EXT OF N -S LINE OF LOT 7 TO IND RIV r LESS BOONE, ALSO PARC - DESC IN OR BK 201 PP 64 (OR BK 423 PP S�, 1) - - Site Address 13590 N INDIAN RIVER DR g bh llcl\U„l1t, 5 158 VF.W SCRIPPS TREASURE COAST .1' NEWSPAPERS Indian River Press Journal ,fir 1801 U.S. 1, Vero Beach, FL 32960 PJPPS 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. Customer INDIAN RIVER CO ATTORNEY INDIAN RIVER CO ATTORNEY Ad Pub Number Date Copyline 2677935 2/24/2015 PUBLIC HEARING 3/3/2015 Sworn tqdad subscribed b ore me this day of, March 03, 2015, by who is Sherri Cipriani [X] personally known to me or [ ] who has produced Sandra Coldren Notary Public as identification. 10. A- I Po # HEARING 3/10/15 NEWSPAPER E -Sheet® LEGAL NOTICE ATTACHED DO NOT SEPARATE PAGES c+4Y�'y'6c SANDRA COLDREN MY COMMISSION # FF 004035 1,EXPIRES: %Pf April 1, 2017 Bonded Thru Notary Public Underwriters as identification. 10. A- I Po # HEARING 3/10/15 NEWSPAPER E -Sheet® LEGAL NOTICE ATTACHED DO NOT SEPARATE PAGES O C O Q w W Q 2 � J 7 m O D U a CD LL >_ O LU Q _m U O Z 0 Z a� 0 N m IL N 0 U 0 — � > N U Q Q Cn 0 CD m N r N M X h 0 Q U Q CV Z r Z a> E (D Z o Q c >� E o f- Z 0 0 -0 n N p Q (n U LO T N N O TC U SCPoPPS TREASURE COAST NEWSPAPERS H T ESOAY. MARCH 3. 2015 R 50 i5-B.A.a.