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03/03/2015
13 COUNTY COMMISSIONERS DISTRICT Wesley S. Davis, Chairman District 1 Bob Solari, Vice Chairman District 5 Joseph E. Flescher District 2 Peter D. O'Bryan District 4 Tim Zorc District 3 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA TUESDAY, MARCH 3, 2015 - 9:00 A.M. County Commission Chamber Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com Joseph A. Baird, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 1. CALL TO ORDER 9:00 A.M. 2. INVOCATION Deputy Teddy Floyd, IRC Sheriff Department 3. PLEDGE OF ALLEGIANCE Commissioner Wesley S. Davis, Chairman 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS PAGE A. Presentation by Janet Ady, Ady Advantage, of the proposed Economic Development Positioning Analysis_&_Action Plan______________________________________________ __- B. Presentation by Dr. Edie Widder, Phd., CEO/Senior Scientist, Ocean Research & Conservation Association (ORCA) with Update on KilroyTM Water_ Monitoring -Recent Progress ------------------------------------------------------------------------- March 3, 2015 Page 1 of 7 6. APPROVAL OF MINUTES PAGE A. Regular Meeting of February 10, 2015 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION A. Enterprise Zone Development Agency — vacancy __(memorandum dated February 19,_2015)------------------------------------------------------------- 1-- B. The No Trains Rally Saturday, March 7t" by CitizensAgainstTheTrain.com 2 -------------------------------------------------------------------------------------------------------------------- C. Indian River County, Fl — Blue Cypress Lake Park Dedication to Joe Middleton, March 16t", 10am. 21704 73`d Manor, Vero Beach 3 - ------------------------------------------------------------------------------------------------------------------- 8. CONSENT AGENDA A. Approval of Warrants — February 6, 2015 to February 12, 2015 __(memorandum dated February 12, 20151 ............................................. 4-12 B. Approval of Warrants — February 13, 2015 to February 19, 2015 __(memorandum dated February 20, 2015)___________________________ 13-21 C. Applications for Board of County Commission Appointee to the Vero Lake Estates Municipal Service Taxing Unit (VLE MSTU) Advisory Committee (memorandum dated February 23,_2015) ____________________________________________ 22 D. Children's Services Funding Allocation for Fiscal Year 2015/2016 (memorandum dated February 25,2015) ------------------------------------------------------- 23-24 E. Fourth of July Fireworks Funding — Miscellaneous Budget Amendment 008 (memorandum dated February 20,_2015) 25-29 --------------------------------------------------------------- F. Miscellaneous Budget Amendment 009 __(memorandum dated February 24,_2015)30-35 --------------------------------------------------------------- G. Approval of Work Authorization No. 2015-001 to Replace Water Main and Water Services in Vista Royale — UCP #4113 (memorandum dated February 16,_2015)36-40 --------------------------------------------------------------- H. Release of Retainage to Florida Design Drilling Corporation, for South County RO Facility Storage & Piping Tank Modifications — Bid No.: 2014031 __(memorandum dated February 13,_2015)------------------------------------------------------- 41-45 March 3, 2015 Page 2 of 7 8. CONSENT AGENDA PAGE I. Indian River Farms Water Control District Five -Year Lease Agreements Starting Calendar Year 2015 _(memorandum dated February 17,_ 2015)------------------------------------------------------ 46-112 J. 26`h Street — Advance Acquisition of Right -of -Way, 2606 52nd Avenue, Stephen and Vicky F. Savage _(memorandum dated February 241-201-5) ----------------------------------------------------- 113-121 K. FDOT Local Agency Program (LAP) Agreement and Resolution Authorizing the Chairman's Signature, 87th Street from 101" Avenue to CR510 and 91St Avenue from 791h Street to 87th Street Sidewalks, IRC Project No. 1205 — FM No. 431728-1-58/68-01 __(memorandum dated February 23, 2015) 122-143 L. Wastewater Collection/Transmission Model — Work Order No. 1 to Atkins _ _(memorandum dated February 17,_2015) ----------------------------------------------------- 144-150 M. Approval of Updated Agreement with K's Commercial Cleaning _ (memorandum dated February 23,2015) ---------------_________---------------- 151-168 N. Sector 3 Dune Repair Project, Partial Release of Retainage, Guettler Brothers Construction, LLC _(memorandum dated February 24,_2015) ___ 169-182 ----------------------------------------------- 9• CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES A. Indian River County Sheriff Deryl Loar 1. Florida Traffic Safety Grant funded by the Florida Department of Transportation Application _(letter dated February 23, 2015)_____________________________________________________ 183-196 2. Victims of Crime Act (VOCA) Grant Application _(letter dated February 23, 2015)_____________________________________________________ 197-238 10. PUBLIC ITEMS A. PUBLIC HEARINGS None March 3, 2015 Page 3 of 7 10. PUBLIC ITEMS PAGE B. PUBLIC DISCUSSION ITEMS (As a general rule, public discussion items should be limited to matters on which the commission may take action.) 1. Request to Speak from Chad Smalley & Sam Smith, Indian River County Airboat Association, Regarding Hunter Education/Youth --- Hunt on "San -d Lake Tract" 239-245 ----------------------------------------------------------------------------------------------------- C. PUBLIC NOTICE ITEMS 1. Notice of Scheduled Public Hearing March 10.2015: To Consider a Waterline to be Installed from 13580 including 13680 North Indian River Drive (also known as Riverside Drive) in Indian River County, Florida (memorandum dated February 17,_2015)-----------------------------------------------246 IL COUNTY ADMINISTRATOR MATTERS None 12. DEPARTMENTAL MATTERS A. Community Development 1. Consideration of Economic Development Strategic Positioning, Target Industry Assessment & Action Plan Report (memorandum dated February 24,_2015) ----------------------------------------- 247-277 B. Emergency Services None C. General Services None 1, Human Services None 2. Sandridge Golf Club None 3. Recreation None March 3, 2015 Page 4 of 7 12. DEPARTMENTAL MATTERS PAGE D. Human Resources None E. Office of Management and Budget None F. Public Works None G. Utilities Services 1. Spoonbill Reef — Update (memorandum dated February 19, 2015)_____________________________ 278-282 13. COUNTY ATTORNEY MATTERS A. Demolition Liens _ (memorandum dated February 9, 2015) ----------------------------------------------------283-299 B. Quit Claim Deed for Blue Cypress Lake Stilt Houses (memorandum dated February 25, 2015) 300-304 C. Resolution Allocating Funds in Opposition of All Aboard Florida (memorandum dated February 24,_2015) --------------------------------------------------- 305-308 D. Appeal of Public Service Commission Rulings (memorandum dated February 25,_2015) 309-310 --------------------------------------------------------------- E. Impasse Hearing for Indian River County Firefighter/Paramedic Association, International Association of Fire Fighters, Local 2201 (Local 2201) (memorandum dated February 23, 2015) _ _ _ _ _ _ _ _ _ _ _ _ 311 14. COMMISSIONERS MATTERS A. Commissioner Wesley S. Davis, Chairman None B. Commissioner Bob Solari, Vice Chairman 1. All Aboard Florida — Rail Safety Expert (memorandum dated February 24,_2015) ----------------------------------------- 312-314 March 3, 2015 Page 5 of 7 14. COMMISSIONERS MATTERS PAGE C. Commissioner Joseph E. Flescher None D. Commissioner Peter D. O'Bryan None E. Commissioner Tim Zorc 1. Coastal Communities Caucus (memorandum dated February 24, 2015) 315 ------------------------------------- 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District None B. Solid Waste Disposal District 1. Site Redevelopment Assessment Report Summary and Request for Redevelopment Direction for the Former South Gifford Road Landfill Site (memorandum dated February 20,_2015) ----------------------------------------- 316-326 2. Solid Waste and Recyclables Collection Services RFP#2015023 — Timeline Update and Request for Public Workshop (memorandum dated February 20,2015) ----------------------------------------- 327-328 C. Environmental Control Board None 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. March 3, 2015 Page 6 of 7 Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meeting may be broadcast live by Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m. March 3, 2015 Page 7 of 7 Advantage Indian River County Strategic Positioning, Target Industry Assessment & Action Plan - DRAFT - Fellsmere, Indian River Shores, Orchid, Sebastian, Vero Beach February 25, 2015 QAd..M,p AW Project Approach mAd. t,g. DISCOVER On -Site Visit and Stakeholders Summit Sites & Buildings Assessment Location Criteria Research DISTILL • Asset Maps Target Industries Assessment and Comments Economic Development Positioning Analysis DO Action Plan Marketing Plan (Optional) Branding Review & Recommendations (Optional) Website Audit or Redesign (Optional) 3/4/2015 33.2015 5.�\ A.1 Core Economic Assets — General Business Costs The Asset Map below depicts Indian River County's competitiveness compared to the state of Florida, Georgia, Alabama, and the United States as a whole. MwiYF/licr C:+ IgglaYbltvgarca. ;njra Ta. � 7 a t� ap +.cnr. E V 7 1 Indlan Rive,C—ty Cuarlp tibv.•ess The x—I, reflect howw tt-Indlan RiverCounry bineachofthe tattoo I..hrtherrigh— value the morerompetltive Ne tenor). The Y-axb reflects howImportant tlut lanor b b a—Ineu--n (the higher the value the more Important- factor). Therefore, the upper right quadrant rcpreumin[competlWe and Important, relbN the core of eM1e wunNr asset ard the bare for anmpetltive peNdoning. eok-t arrows nached to a fact« represent the variability In how Important that factor b to businns dxisions based on the i -h, the basions b In. f«example, water avallablliryb ,.ore Important to a food pr«xsing basions than anoffice -b. business. The --Ihires anachedtoafact«reprnem the nriability In how competitive Indian Plver Counry . This could be due to I«atlrnN differe«n (e.g., V. Beach Nxtrkalratnl« diffxemn In the I— Itself (e.g., varyingavailabllityoflab« xrosssp«Iflcskill acral. Core Economic Assets — General Conditions The Asset Map below depicts Indian River County's competitiveness compared to the state of Florida, Georgia, Alabama, and the United States as a whole. a.Na11.1Ng+M, Mm 6n rpr ann�t r>r. tEg,[a.r PIA.q: usarq« r , esu fr'«1^° • • Si:,a •itaidj; • .�p � � V� y�a �uw>Ao � bu hasl Grvvart TrNMgrrry� nws 'V • V wugaa.aba Y • I Indian RNerC—ty CO•IRN111YMNg The %-axb reflects how<ompeti[ive Indlan Piver County b In each oltlse favors Ime M1srMer rigM1t Nevolue Me more competlW a Me factorF The Yaxh reflect M1ew ImpertantMrt gactor b to a business declsfen ([M1e M1lgher the value fM more Important Me hctor). Therefore, the upper ri[htgaadranf, reprcurMn{wmpetltiveand Imporbnt, reflect N<mr<e1 tna coanNaa ana me bxe/orwmpetaive pesltlonm[. Vertical arrows atsachetl to a fact« represm[ [M1e variability in Mw imparGnt tM1at tactor is to basions declsir,ns based on the Industry [he basions Is In. f« eumple, warn availabilityls m«eImp Id be toafoodpr« Iiitbasions thananofficeopw.bk. basins. TheIwrizontal,bftanachMtoafactor reprnen[[M1evarlabilnyInhow competitive Indian River County This caultl be due to I«anaul diMerences (e.&• Vero Bexh Nxvkal roto)«differemn In the tett« Itseff (e.&• varyingavallaGliryof Wbw acres spxfic sRill sns). QACI..UP M 3/4/2015 A•2 Economic Development Positioning of Indian River County Overview A key deliverable of this initiative is to develop a compelling and differentiating positioning of Indian River County that can be used to unify and clarify communications about the County from an economic development perspective. PROPOSED INDIAN RIVER COUNTY POSITIONING STATEMENT Indian River County, located on the east central coast of Florida, has access to a labor force of over 470,000, which has been growing almost twice as fast as the U.S. average; 17.5 percent over the last ten years. These individuals are well educated, 87.3 percent of them have graduated high school, and have access to some of the best training in the nation including Indian River State College, which was recently named a top ten community college in the nation. That being said, the cost of doing business is low. Florida is rated the 5th best state in terms of state business tax climate and offers some of the best training grants in the nation. In addition, Indian River County has some of the lowest millage rates in the state along with reduced impact fees for specific industries. Access to raw materials and markets is also an advantage within Indian River County as there is ample access to regional markets via 1-95 and the Florida Turnpike. Access to international markets is available via the two municipal airports, nearby Orlando International Airport, and several major ports located on the eastern coast. The closest port, Port Canaveral, is designated as a foreign trade zone and can ship products easily to Canada, South America, Europe, Africa, and Asia. All of this before we even mention the superb quality of life experienced within a coastal Florida county. Economic Development Positioning of Indian River County PROPOSED INDIAN RIVER COUNTY ELEVATOR PITCH Indian River County is an idyllic location known for its way of life. Those who visit, live, or work here find communities are safe, modern and loaded with ecological, cultural, educational and technological amenities. It's also a cost -competitive place to grow or expand businesses. In addition the county offers: • access to Florida and international markets via interstate highways and multimodal transportation, • advanced industries from aviation/aerospace to aquaculture, • world-renowned agricultural products and recreation opportunities, • research, emerging tech, life sciences and healthcare, in one of the most desirable climates in the country, for recreation and for business. INDIAN RIVER COUNTY KEY POSITIONING ELEMENTS Audience: For those who enjoy this idyllic location year round, Reference: Indian River County, Florida offers the best of both worlds, What's Unique: a desirable location for business and pleasure, Benefit. a balance that helps build your business in the sun. 3/4/2015 �� 3 Review of Current Target Industries Current Targeted Industries The industries outlined within the 2030 Comprehensive Plan are as follows: Clean Energy Life Sciences Information Technology Aviation/Aerospace Financial/Professional Services • Manufacturing/Warehouse/Distribution Emerging Technologies Arts, Entertainment, and Recreation Post Secondary Public and Private Educational Institutions Other Clean Light Industries This list, according to the 2030 Comprehensive Plan, is an adoption of the state of Florida's targeted industries within Indian River County with the addition of "Post Secondary Public and Private Educational Institutions" and "Other Clean Light Industries". XU—Up Target Industry Recommendations Targeted Industry Recommendations A full analysis is recommended for identifying target industries and industry clusters which are uniquely qualified to benefit from the business positive attributes of Indian River County. However, based on the research performed to date, which includes several interviews and multiple input sessions conducted in this study, Ady Advantage feels confident confirming the targeting of the following industries: Manufacturing: • Aviation /Aerospace • Life Sciences / Research • Regional Warehousing / Distribution These industries have been identified and are selected based on industry knowledge, current clusters, and/or strong assets within the county. Ady Advantage would encourage the county to conduct further research to identify other specific industries to target as well as develop key positioning statements for each industry. This method of communicating unique regional attributes and strengths provides a solid foundation for both business recruitment and expansion. mAdranlage .. 3/4/2015 *.4 Scope of Ady Advantage Recommendations The diagram at right can be used to provide an overview of the economic development building blocks. It is also useful in highlighting the Ady Advantage team's scope of work for this project. TIER ONE: ORGANIZATIONAL STRATEGY The Economic Development Element of the Indian River County E SCOPE OF Comprehensive Plan and the Economic Development Marketing tqDY ADVAN�/TIAnTAGGp Plan together provide a measured and integrated organizational Economic Dever ggrbuilding Blocks strategy for economic development within Indian River County. TIER TWO: ECONOMIC ASSETS Discovering and organizing Indian River County's economic -_- assets has been a major thrust of the Ady Advantage scope of • Or :; work. Findings are detailed in Sections 3-5. " r , b« TIER THREE: POSITIONING Likewise, determining the best overall positioning for Indian River County to use for economic development purposes was a major thrust of the Ady Advantage scope of work. The recommended positioning is found in Section 8.4. TIER FOUR: PROGRAMS Ady Advantage did not specifically evaluate Indian River County's existing economic development programs, although we do share some observations of elements the County should consider in order to meet its overall goals. A Marketing Strategies Proposed Economic Development Action Plan for Indian River County 0 A key deliverable ofthis initiative is to develop a compelling and differentiating positioning of Indian River County that can be used to unify and clarify communications about the County from an economic development perspective. Over the next few pages are the strategies to do so along with the rationale, specific tactics, and timeline. #Strategy#4:p a stand-alone economic development website and related collateral materials. e leadership in the presentation of sites and buildings. ue to support regional economic development efforts. 3/4/2015 A. 5 Thank You ijo f .. 608.663.9218 iady(a.adyadva ntag e. co m www.linkedin.com/in/'angtadv/ f Newsletter/blog at www.adyadvantage.com 3/4/2015 h. 6 3-3-2-01 n O U Q -�- dS cn (D U O () -C m Q O LO l > N 70 Q / — . — C: O � tU O � o o U Attachment 1 A.1 m I co I LO 1 0 1 LO uA'`r • � a 1 a . O L CL 06 V) 0 O U N O IL N O U N V) D Q J N N �N m 06 0 4- V) co c O +- U N t E C N N a) LnN Q N 0) m O N V) C O U N 1*1 N O F- E O C5 C N ^N W N Q N N �o C O U N V) zo 1 �Y V V) D U X LU r- O +- U O uA'`r • � a 1 a . 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N Q L u Ln O Ln m W Co Q QQw 6- O 6 Q rn'n o o t Q Q O Ln Q Q m Q W (o Ln in -i m M N f- w N r1Ln � E V L s N C c L U U L u L U V C � L > y C v L C U Q N E w m N O m v O Ln a1 v a1 II m 0 m m o bA m a- C u 0 C CO v j p O N � O a1 N u ) 41 u -O C b4 NV) N C "a O al � � a1 >. 41 m a) C aJ d N x fQ ~ O M N41 7 > N aL O O = N O Q m m E � L a N ti aL+ C 3� N om a ,, N n C L6 n N M O D I` -O -i Ln s E N � R 3:v+ v `° LO Ln C o o Ln .-i SroLn u N CD Co O O LD Ln O -0 O to O +O' m N N M t0 N 'tx (1 O a) Ol a) N Ln LL N -i l0 cT (n N -i LL U C Lu (n m m m (n _ m m m N m m L N O C -Iqq f},.GS v 0- 0 L 0L i MET MTOU � � � � I It: t � V i L t u Do Ea) N 0 U O N m c v L � O 00 U p Ln v m O O O i v > p O v > i0 > v_ (D > N > -, Q) a � W Ci > 0 d L Q'+L+ � to N D 7 O X p = >� N i Y c ULO o vi V) No C: m Ln m m o o j. 0 v Y — LIj w V -4 L.0 m in m m m in .—I N M fl Ln (.O X (n (n _4 LL W � vo V) N v C O O i v O u 4 a bjD 4- c O tw r i O J � fY • .2 N `J. u .� v � N Lm.L • h O I�— i MET MTOU � � � � I It: t � V i L t u Do Ea) N t U O v m c m L � O 00 U p v m v m O O O i v > p O v > i0 > v_ (D > N > -, Q) a � W Ci > 0 d L Q'+L+ � to N D 7 O X p = >� N i Y c ULO o vi V) No C: m Ln m m o o j. LLn v Y — LIj w N -4 L.0 m in m m m in .—I N M fl Ln (.O m m m N I— CO al O i V to N 00 O v uu L6 d N O O rn m a Ln Uf N t U u c O O 41 O tiA fl 7 In C > = to v :3> a m v c N i V) No V) m j. 7 —1 p O I` Ln .0 E .i o O fl O ca X (n (n _4 LL m m m N I— CO al O i V to N 00 O v uu L6 d N O O rn m a +' _ c ° m O E v a, +, o_ O aJ c +' a1 N t 0 bo ° h O O N L a) S bA tU N O W N N O taA O a1 ry L 4-' fQ - a) TVC tetNN N�C ' cu 1_ +' ON i 4 m O 4 +, n° �� v cu O N C C .�';+ 341 C ° E pa°� LO c 11 41 O U 4-1 t E cooC -0 CC 'a 41v OL O 0 .. n3 7 N � }, to c Q to LA u aJ a) T L O .� Ou a) '� tJ 41 a� p > to N = O 7 v O //j1 �� �.a —0 c a1 +.+ ++ p rc W a) N 7 O C L 4" _p V to 4- - ai N � to N O Ou Q o O LO a! bA to - c- O_ ai v taA N > a) _ +,, i E = - -O C Q w E 7� �, N O dJ O N 3 Y N L L O E •� n V O f6 O L ++ ++ a1 •� N 7 X F- V _N aJ ° o S u p :v ai '� T •p Q vi w (vO v N v a +� N = - 3 � v > a W a s m c ao LL _ bD N +r N O u o aJ O O O L O C E w Q> fl C Qv v ' aOE •i N -0 m "0O M O N1 "vNN- ON o N > N T ° Nw C _00 s�Q Op O vV Q O Q C1 E 0 N Q 0 R v- a � o Nu +� o N N N j E O �' O w m 'i 'O N _ T L bA Y W N ca > O U "6 �` N L a1 aJ = i C +Z3 aJ . U C �n V) L u -p QJ m C fa a1 C U (O = 7 u 41 L 43J cu p V ra in a) t> N M a) 'O ° L O_ O i v ra O p -O a) 4+ N i N 7 a! (0 N H n3 U � N •C d. N J C L N aJ 7 C N r-+ bjDto .O d C "6 'a u O C f0 a-+ vL- Q o > a1 n3 -p t o bCA > o CL C v O `o y_ a0 p >O 41 v) — +LJ N Q 'p a1 a1 ?� ° Q vvi C L +J N '� 'O N (Q. 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C O O i aJ bA m '0 •_ 4- -p 3'.' -C N L O 'L a) = V) �O -p c ,�, fQ N c �. aJ = 7 Y O U ° L ..0 >� fa +, •C aJ ° N 4- Q�C 'D CL v o 3 E ns x u a� +, r_v +1 a, cv O r 5 fC d' E u a �_ -0 a' N O O a1 N _ p ° is a) N .? 4. Y N O_ E T fa C N N 41 C1 Q. w a) Q= a1 L� (O N N vNi N N i N O 3 ro L m O N p Q L V C W bP +; Y/ CL �,.� •C aJ p iJ �1 aJ C _ 41 = aJ N 1n n o 'c o v c° > o u o a E v° °- r3 a o i = fa L C) +.+ o W o = a'' W -p t 41 -p > N N V) L tiOn N N aJ C 4'' a! v > 7 d L N c cu O_ c O N u N 4, E v N- o aJ .� 4� 'i 'O T V aL-+ Q c m N O O aJ 7 E E o '- cv aJ c `~ t O O L C O p q� C: R Q O Y N v a) O N E N aT+ ° p a hD _ O N aJ Cl N M O E d > O- R aJ Q t. �I m C 41 "p N N J,�r • :� f0 E N OL �' 'O N N W U +� _ i Ci .E +� N O O t s m c o L _ a O N T a1 aJ cp O Q O E N m W> '0 N 1- F- N In 4 M N N U W Q C O I- H H • C Ou +' O • • • • a� -0 Q b i • N to m H N r-1 N M d• ui Z A•.7a � N � 0 �N 0 n Q) > +' E Ci N o �� U w, UI N } N N Q � � ry LU 0 N � O O N U N c'7 LO Lo Lri J Ln n— W V) U E 0 E_ 0 U E 0 O u W U L. iT LO L 0L- L N 0 a) O N O U V- O N o O f0 o v N > s m L a) o a) m v �s H jO C in42 N 4- O +, �a) w -+ fa 0 C N Lp m fp 7 V -2C L O a) Q a) N >!E N L f0 N N O E N O O ++ u N c6 d 'L s Q o N 4+ v -a 4.1 o v U Q O ' L 4- O 41 L > N m N S L m E Q N ++ N 4. o E Q O 4— 41 4,1 o' ff o C O Q N41 N OO N ' uO 7 'V) C V t_0 C •� U N bA s O 41 O 4 co N f0 V41 O > >N 4-1 v +N, y C O `)' > + o a) m a) v -p N to Ia u 0 Z_+ a) O N Ca) >> cu N s "a C O a) L p- N E p "O L N> a) s a) 3 O C N O 41 C N� O -n C bb N E O as m p v R bA m O X N O O N N Q _ i C X Ln O N 41a1 C= " + s m V O U N E 41 0 � a1 (O C �+ m ~ N Q) N C N O v- > v a) to 41 p O C 41 ,� ,U 'a m O X O s N a� aV+ O aJ a) .� 1 � co +J _r_m L > O p a1 N tLv C o bA m N 'tkO � N R bp.A p" + "O O Q •O N p 'O V N E Q L m N 7 41 p V N v� d .E L 1 O O U E C o b L v O N Y E o u 4.1 u d 0R m v '''' 3 p vR.. C 0 'O ba +l E LU N a) R a) 4v `° p cv O m U m a) 4 m O a Q m> Q ++ m to ru J-- N y "O L Q O +, O 41 _ -O m C _O N M Ln 7 a X O i 40 O 'O N C Q 41 t v 0 +N+ N C N v u W i) _Q U n3 E a! O C(nN a) a) V " O 0 m 4-4-1s a) C m a) L N L N OU 0 Q 'N O s s N "o 4. a) o s bA .O N U > ++ N N N +-' 41 N '- N N o s E O c: 'N C- 'O Y-0 4-� 4+ V° Q ra a) i- ba N 1 C m . � a) 0- O m E E C v C .E a) al Q N O am.� 0 a) o 4-1 O � N aL-+ p C >, V 4- E m N V 7 L O O .� s ++ ++ a U N a) N U) a! +, U 3 O u N Q Ln a) E O s +- O O N s c0 L> ca "O d O L E N L .E p 41 ,� ca > +� F- N v C O p' > R -C 41 (O C f0 N X a) s + to O Q' v - O a) s c N - O i W +�+ C > a1 m O a) v O Q C C) m 3 s LO R 41 4- U in EO a) u 4—bU a) 4. a-+ c cu U U .0 taz N -O (6 0 N L O Q E m m N Cbz�' a, E a) C m �p s W v E N > >, +.� s° o L -a m m U N s O a) O> L v v o �- bA L V r C N t'' a) +"� a) _ E 3 a) E_ L a) cv O CL +a) o O ° N C t C t/1 s � N L O u o U 0 u 0 0 0 +1 i � N +U•+ � Vi — (0 4+ m +J N +-� w -O m E v- bA u N V p N 741 N bA T C O 0- N M O r L a) O v 7 a) s m .� .0 V N V •aU 41) WU> M .CL m -° _ n' y 4> o o y m m a C N ,� o -O ,� p_ +r ca U a) a) E _ v bA L R a) E W 0 a) N m N 4 to N bz 0 a) N Oi 'L 0 C N +' of a) aJ a) (A`o w a) ca > a' E Ln E M Ln N O b y m lVl L ate, O = f6 N N 4J > N 0 (O i u —� N v 44 Ni) pN CL V) N uN �+v a) C N N "WEO C ' V �m, O v N 0 = Q OO U N N Qi L m N E v s a) N 7 Q p 7 s m N j m = s O a) � a) X n' a-+ tv f� Q .n O u s V 1-• Q N m _ F- U -a o > a) .c w s 4.72.. bti0 a; vy -0 o o t p N V o N f0 0 C cv �'N N •O m N = 0. CL U � 7 E N f0 s � N c O O m = E O w w d 3 f0 L Y >a Nm V a r ca" E . F E 3 �' N H O/ C u Y 0 (n Q N C 1pL V 7 O C Q, LD V X Y.- CE m 00 a U 0 LL R J l V Q O v w y G o Q = c N v o ca +,v 4a a c = N O �' G1 E O p >' Q b Q V E cu Q ® OLX0 �• E N U m 10 Y Uo d C Q J �--• uJ N o m H m •• ------- - - - --- 1O 4.0 YN - - _ _ ._ _ _ - _ _ V f0 0 mxC O• C J V T d. V N u N C m •- QO O L Y - V)aY m oo 01 mio ----- --- ------ ------ 0 " 0 (U v�wpQ ------>U-am N W > R C v o 0 u O o E s Y s - aJ Q -p m .n m yY " m E p c c° m O Q um t v m v i° O ou U y o Q .� Y c m L D O .N 7 O OM 20- u U C T d �� C L. •N i �= t N � a u m - = N uoispaa ssouisng of a:)ue:podwi ; 0 L o L N � bbA L O v � u Q u Ct O Q r -I L L.L N C Q m M LO L r -I N O C f6 u � M 'L Y u N � L O a� X L O N a. L Q bA m Y t a N O a Y C 4O 7 m p N u UD d C v t 7 C (6 O ate-+ ( L (A 4J C � �p bA 41 t s L t d' bA +' L O L E U fQ E N N a -- m C n bbO v C o > C O 41� N C 0 N O 4O u N N C ry p -a C M C C m > > v o4L+ O u N C y o C d vi d � bA H Q 7 0 h �CO Ca CDN m `" rn ca n ,b 0 0 U v ¢u`4. �o LL - cu O O LIU J F- ,-: N L7 o � Aa 41 U (A d C C C f6 C p ry ra O S t 1 > Q4-1 dJ o N N Y C O f9 > O Y Y N p L Q bb N N LL cd, M N O M V) N y •N •C Q) Y >p L Q1 :3> f0 N N 3:0 L w N 41 L O to S 7 L C O t p O p O vi _ co c0 a=+ C E v E CD ca � N C " E c0 N N t W Oa N i iz O V) C a• YO 3 L Q m E t9 N N Z �O r° O N O L L d U O t 00 4-v0- O L N N N " Y u) 0 M Y V Y m uI "p C Q o LO bio CL E 4, +' O OO 0 O '"i L N u f0 L +L' Y L L U N V LL 3 o t v v v L L L.L bA (u O rCo 0 0 t N © N LL i O L N N N +J a bA 01 bA m 'n 1A 4 > w u 0 v Y to a C" ry o 'N3 v 'o is EC N a N3 > N f9 C O /.� V Y C O 41 j h0 a. N0 '+-' O C C 0) J L aO+ R C C O p N U Y N U N W •C N +-' i 'L r-L' C O W Y a p Y d! 0 O f6 44 p V .� u_41 in 41 E > V) Y 2 V) Q L O q V �N mE C X C O C o o V 0 c: O N 41 L +�+ bA O L N p rn i• V o `+1m E .2V) N 15 v� M a W Q ca t C bn o N C LO W—I— w .� ca OL t RQ M iv 'N u (A 1 T u s� S� ++ u C m o Y u �n C O N pCD N N bA fYL6 Q o p� N N R >+ Y tL0 X Y V) bA 4J i � Lf) VI vim- C N-0 a 0 L fa 1 Q 'N 4-0 Mp y O 0 v) X N 41 VI o u) i m N N 61 ate+ N L '""� N E N ai V o L� cu N 41 C co o <�„ Co (A u_ O LW 0 t -O v L a. p -2 ,a C OQ.. E 41 t6 V) C d1 4-C m p N f6 N N L fa >. L � L C N C •y o tv t L R X p Cl. 7 O ai m O bD (n C a)- N 'i 'i p i N U N N to u N O fQ J -0 u_ -0I— a ,Y • 'iy •� ♦ L O 0 L o L N � bbA L O v � u Q u Ct O Q r -I L L.L N C Q m M LO L r -I N O C f6 u � M 'L Y u N � L O a� X L O N a. L Q bA m Y t a N O a Y C 4O 7 m p N u UD d C v t 7 C (6 O ate-+ ( L (A 4J C � �p bA 41 t s L t d' bA +' L O L E U fQ E N N a -- m C n bbO v C o > C O 41� N C 0 N O 4O u N N C ry p -a C M C C m > > v o4L+ O u N C y o C d vi d � bA H Q 7 0 h �CO Ca CDN m `" rn ca n ,b 0 0 U v ¢u`4. �o LL - cu O O LIU J F- ,-: N L7 V) (!7 u E O c O LLI 0 U ® +� M W °A Q = 0 O IA H V Mr W •> L C R 2 c to V c �y LO � tPf r � r 4 0 f-- o o I cm Ln Ln Lr M N iI- iI- C.I- 0 o LSD 4m Ln I � OO W O e1 O w UN x f6 on t/T OMi t/f N c N �t Ln v >� O — M O U C6 a� O I In O U >+ L by C :> J O U LO J v Li Y Z f-- o o I cm Ln Ln Lr M N iI- iI- C.I- 0 o LSD 4m Ln to C14 W O, e1 M UN x f6 on t/T to t/f c 0 0 0 0 o r - co O N r N O CD Ln 00 O1 W _ � o N N N l0 N 0 O N co W rn oa)O N r i N N m i I m 0 O, UN x f6 on Ln L c N O L N >� O .Q lJ O U C6 a� O I In O U >+ L by C :> J O U LO J v Li Y Ln 41 3 t1 m N U J C 2 Z LO U I I n at bA bA 'v > C C Q O •v'nf tY Qf Y "O C C N N N dt N O aco J N co 0 0 0 0 o r - co O N r N O CD Ln 00 O1 W _ � o N N N l0 N 0 O N co W rn oa)O N r i N N m i I m 1 0 x f6 on CL 1H O o c a >� o � E U� N Q- O c D I vii O U T m m N O_ E N a� O I In O U >+ OO 4-1 bA ¢ Y O +� Y by C :> J O U r , Iv hA N Q R o z 1 O m E � R O cu - N Q \f V 'ago N _V O N � O O cu - U LU 41 \f V O uoimaa ssauisng of a:)ue:aodwi v Y v o c w � O N Op O v U Y V ,o v y'N may_' C nO Q 7 v L •> C m , O o +, p '- CL E N E N —'o o ° o w ° n v v �_ 'O yM m m 0 m -p N j.••: m U 2 C 3 N E N r o uNi E L m X Z" N v C To v c LL O i O C N N V N > v cy •X m N H C } v m O O C L d = C Vm O. y v v E V1 Y o o C t +� n tf c ++ oO O a. v _ Gi V E am m Y E U L N • N O C N N 0 N m j CO N V Y= D N V v V w Ol v C r. a v v v 3 > o v o. V Y" 5 x 00 o Y = 3 Lb 'C n`o v O mc N +� o v m m L ° OO A w " ° y r w N T m u L_ Y m i m +Y+ m o � w G o C m p L d0 a- � C LO_ 30 N > N O L OU v O C L L O LE- c ° m N o i v 0 F > C V v N w 7 > O a N aC � Q C C V v p C 10 v` A N ° r_ ° N C w n w p ° C E m c `o E o m ° o c ° v yo E L L v Y V aN+ Y N 'i m C i.3 vM0-0 v = > o 9 x m e U M R m NN X a`i v ai m v L -E u L v v F -L > O> h. T4 N Sr cu O t \f V .15 Q 0 o u 0 v u C w > Q. D E 0 u N 41 C O U ®® CL L ai > cy' ppqq '8A rM G N ®� 41 � N V% N U N .Q S O O � � • � O ui C � O CL V E O ea ti V) a7rt ,/ I V O uoimaa ssauisng of a:)ue:aodwi v Y v o c w � O N Op O v U Y V ,o v y'N may_' C nO Q 7 v L •> C m , O o +, p '- CL E N E N —'o o ° o w ° n v v �_ 'O yM m m 0 m -p N j.••: m U 2 C 3 N E N r o uNi E L m X Z" N v C To v c LL O i O C N N V N > v cy •X m N H C } v m O O C L d = C Vm O. y v v E V1 Y o o C t +� n tf c ++ oO O a. v _ Gi V E am m Y E U L N • N O C N N 0 N m j CO N V Y= D N V v V w Ol v C r. a v v v 3 > o v o. V Y" 5 x 00 o Y = 3 Lb 'C n`o v O mc N +� o v m m L ° OO A w " ° y r w N T m u L_ Y m i m +Y+ m o � w G o C m p L d0 a- � C LO_ 30 N > N O L OU v O C L L O LE- c ° m N o i v 0 F > C V v N w 7 > O a N aC � Q C C V v p C 10 v` A N ° r_ ° N C w n w p ° C E m c `o E o m ° o c ° v yo E L L v Y V aN+ Y N 'i m C i.3 vM0-0 v = > o 9 x m e U M R m NN X a`i v ai m v L -E u L v v F -L > O> h. 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U) E 0 X nW W Snd` W N L.L Q ry^^W� I A� t LL �Wia �• _ . m 4— W •$— E O v 70 V)i O O D V) U -�— O O O 0 O ,Cll 0 O -0 Q v 0- O N O U �„ O II O > Q U o Ln N O O � 0 (DO U o O•— •��co QQ� Q�a)� U z3 cn � CU � ' � U O O0 U o O 00 U Q-0= �0 0)cU Q D > O O -0Q� v < o U O N E 0 O J 1 W CCN 0 �v 0o N O, 0 .o U Measurement of nitrite and nitrate in Indian River County Relief Canals Dr. Edie Widder, Co -Founder, CEO & Senior Scientist Ocean Research & Conservation Association www.teamorca.org is a trademark of the Ocean Research & Conservation Association, Inc. 02009 Ocean Research & Conservation Association, Inc. All rights reserved. 3/4/2015 -5,D, AM 3/4/2015 Q•2 Measurement of nutrients Collimator Wavelength Selector Detector (Lens) (Slit) (Photocell) Digital Display Light source Monochromator Sample or Meter (Pr ism or Grating) Solution (in Cuvette) WET CHEMISTRY MEASUREMENT OF NITRITE + NITRATE 543 nm 1.6 1.4 1.2 u 1.0 r 0.8 m a N 0.6 is d 0.4 0.2 00 1.8 14 1.2 1.0 m 08 c m b 06 m OA d 0.2 0.0 3W = 400 +50 6W $50 600 SW 0.00 0.05 0.10 0.15 0.20 0.25 Wavelength (nm) Nitnte Conc. (mg/L as N 3/4/2015 in 3/4/2015 Salt Water Intrusion in Coastal Areas Excess pumping of fresh Well water contaminated with salt water ,t J �1 Salt #---�r • water orignal salt r water interiaco _.Or ,}tr2.13»7 45000 40000 35000 30000 25000 — �BarNs1 20000 15000 .. .. 10000 -- --- --- - 5000 0 1 14 27 40 83 68 70 02 106 118 131 141 157 170 183 100 ZOB 222 235 248 MCA 3/4/2015 0- 5 TriOS ProPS-a submersible hyperspectral UV-transmissometer -r-T-TT-T-r-,-T-T 2.5 840 pM Br 0.6 a. 2.0 m X 50 PM 1" 1.5 m 0.4 50 pM HS cc cco * 30,a. 1.0 Q 0.2 } NO 0.5 H2S` 0.0 0 n =00 0.0 200 220 240 260 280 Wavelength (nm) �C'q Optical measurement of nutrients Collimator Wavelength Selector (Lens) (Slit) ,y _.......-....... -.."✓' to Light source Monochromator Sample (Prism or Grating) Solution (in Cuvette) Detector (Photocell) Digital Display or Meter 3/4/2015 TriOS ProPS—a submersible hyperspectral UV-transmisso meter ........... MI Ah.04. 40%ms M41 tXs TOO LONG m»rt, rXYk) AFI4 i6Xt 2U%i �i 19:i '� cr, TOO SHORT ea__ .............. ��._._......i"oi arm 54" w. W._...........__._. _. __.._.. .._._ JUST RIGHT._ s,l 3/4/2015 15 1 cubic ft = 28.3 L 50 cfs = 1,416 L/s With nitrate at 0.4 mg/L nitrate is entering the IRL at 48,900 g/day or —108 lbs/day U9LS U213'IXU1U n 7. C.a U! —. —1H, 11 I 330 k SN 8 5 e� O.e uK u« 0— u« e— nec Sae oao me 12 Ia 16 10 2B 22 26 28 98 8I 2019 2819 X19 2819 2019 2013 E8181 9 2013 2013 2813 21139 -- Pro..lelalwl Oat. 3uhjnct to --- Median daily atatistic 189 yera> 4- Measured di.cha ---Olsehar2. -- Y-Oay, 18 -Year lou-13nu -0.4 mg/I A 3/4/2015 3/4/2015 R. 9 Nitrite + Nitrate in North Canal, Indian River County 5 2 E L5 - - IN.N 1 0.5 12/9/2014 12/19/2014 12/19/2014 1/5/1015 1/18/2015 1/28/2015 2/7/2015 2/17/2015 2/27/2015 3/4/2015 7).10 Nitrite + Nitrate in North Canal, Indian River County 0.5 0.45 0.4 0.35 0.3 E .Z 0.25 - — tNtN —i1 --OBS conc. z 0.2 0.15 0.1 0.05 0 12/9/2014 12/19/2014 12/29/2014 1/8/208 1/16/2015 1/28/2015 2/7/2015 2/17/2015 2/27/2015 Nitrite + Nitrate in North Canal, Indian River County i M E "e z i �N.N CIRC grab 2 12/9/2014 12/19/2014 12/29/2014 1/8/2015 1/18/2015 1/28/2015 2/7/2015 2/17/2015 2/27/2015 F I '! I I �I II I I�I �II 3/4/2015 ' 11 Nitrite + Nitrate in North Canal, Indian River County 0.5 0.45 0.4 ■ 0.35 ■ ■ � 0.3 Asa E tN+N i 0.25 f IAC grab —*—ORCA grab 2 0.2 0.15 0.1 — 0.05 0 12/9/2014 12/19/2014 12/29/2014 1/8/2015 1/19/2015 1/28/2015 2/7/2015 2/17/2015 2/27/2015 3/4/2015 4J • 12 Comparison of IRC and ORCA grab samples to Kilroy measurements 0.4 0.35 0.3 — —' 0.25 t Kilroy e 0.2 = t IRC grab — ORCAgrab ■ Z 0.15 ILI 0.1 0.05 0 12/7/14 12/17/14 12/27/14 1/6/15 1/16/15 1/26/15 2/5/15 2/15/15 2/25/15 3/7/15 13 Nitrite + Nitrate in North Canal, Indian River County 3 gra Rainfall >0.5" —�r—ORCA g 2.5 0.86" 0.9"1 o.s8" 2 �N+N 1.5 = r � rab 2 —x—O85 Ca nc. 1 0.5 T. 47W - 0 12/9/2014 12/19/2014 12/29/2014 1/8/2015 1/18/2015 1/28/2015 2/7/2015 2/17/2015 2/27/2015 13 gra —�r—ORCA g 0.86" 0.9"1 o.s8" 3/4/2015 • 13 3/4/2015 F3'14 F41 I t-170 USGS 022S2S00 NORTH CANAL NEAR VERO BEACH, FL S v 2v j e"4e••}Ayw•.i - .. v .. .z �. .. •a.^w.w.ray�Nw.wr,.n.,.. Fab Feb Farb FmL 0Y 1.1 Df Y. iEI 20YEY St®Y.8 P.9xd >Uln --.-- Pro*�..L,c.SwiaL Ute. E.n eYi i•_/aulk-u IYay.i'm 3.eas� ..... ModA.An d A.lY s�nCY.%Cfc IB�Y Cesar"a) CPN Meam.urisd dA. sebau�@+a. 2.5 e� 2 E e z 1.s z`1 z 0.5 011/2015 2/5/2015 2/10/2015 2/15/2015 2/20/2015 2/25/2015 3/4/2015 F3'14 Dylan Reingold, County :attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, .assistant County .-Attorney Informational Matters - B. CC 03.3.15 Of ce of INDIAN RIVER COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: February 19, 2015 SUBJECT: Enterprise Zone Development Agency — vacancy On February 10, 2015, the Indian River County Board of County Commissioners appointed George Connelly to serve as a member at large on the Enterprise Zone Development Agency (EZDA). Soon after his appointment, Mr. Connelly called to indicate that he was no longer interested in serving on the EZDA. The member at large position term expires in January 2019. Anyone interested in serving on the EZDA, and meeting the requirements for the member at large position, will need to submit an application and resume to the Board of County Commissioners Office, County Administration Building A, 1801 27th Street, Vero Beach, FL 32960. Application forms can be accessed online at www.ircov.com/boards/committee applications or at the Board of County Commissioner's Office. APPROVED FOR MARCH 3, 2015 B. C.C. MEETING — INFORMATIONAL MATTERS COUNTYATTORNEY F:'Alro.ry b d,1GERER4L B C CAg—da Sfe—C—i— Vm—y (EZD.4) 5.d— Indian River Co. A oved Date Admin. --.--,/)C; Co. Atty. Budget Dept. / IF/ / Risk Mgr. - —ill 5/5 Move ` em � West! The No Trains Rally Saturday, March 7, 2-3:30 pm Join us to send a message to Tally and the railroad "Take your tracks and... love `em westr Special Guests: Rhett Palmer, Vero's Voice; Commissioner Solari; John O'Connor, Firefighters Assn; Randy Old, Vero Man Site and Surprise Guests! Sign our giant letter to the Governor 'mph Get your commemorative T-shirts, Buttons and Bumper Stickers! Numbers Count! We need everyone there to show you care! Bring your signs, your voices and your friends. 32 Speed trains and double the freight trains daily will destroy our lives, our livelihoods and our coastal paradise. Location: County Office Complex, 18oi 27th Street Vero Beach, FL Music by the Bobby Owen Band starting at 1:30 pm For more information—go to CitizensAgainstTheTrain.com ¢ (Please bring your own water and lawn chairs.) 2 lG PRESS RELEASE - FOR IMMEDIATE RELEASE Indian River County, FL - Blue Cypress Lake Park Dedication to Joe Middleton March 16th, 10am — 21704 73rd Manor, Vero Beach Indian River County is honoring the life of Joneal "Joe" Middleton and dedicating the park in his memory on March 16th at 10am where the park will be officially renamed. The ceremony will take place at Blue Cypress Lake Park now named Middleton's Fish Camp Park located at 21704 73rd Manor, Vero Beach in western Indian River County. Chairman Wesley S. Davis will be attending the dedication ceremony and will be reading the proclamation dedicating the park in honor of Mr. Joe Middleton. The public is invited to attend. Joe Middleton was born on March 16, 1935 in Lexington, Tennessee, and passed away on October 18, 2014. He was the proud owner and operator of Middleton's Fish Camp on Blue Cypress Lake in Indian River County for over 51 years. Joe brought his family to Blue Cypress Lake from Okeechobee and fell in love with the beautiful lake. He purchased a bait and tackle business and raised his family on the lake. Joe was married to the love of his life, Jeanne, for 20 years. Jeanne Middleton continues to run the bait and tackle shop that Joe so dearly loved. Indian River County Board of County Commissioners 3 JEFFREY R. SMITH, Clerk of Circuit Court & Comptroller Finance Department 1801 27h Street Vero Beach, FL 32960 CPA, CGFO, CGMA TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECT THRU: JEFFREY R. SMITH, COMPTROLLER DATE: February 12, 2015 SUBJECT: APPROVAL OF WARRANTS February 6, 2015 to February 12, 2015 In compliance with Chapter 136.06, Florida Statutes, all warrants (checks and electronic payments) issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached list of warrants, issued by the Comptroller's office, for the time period of February 6, 2015 to February 12, 2015. Attachment: DB: MS 4 CHECKS WRITTEN CHECK NBR CK DATE VENDOR AMOUNT 322533 2/12/2015 UTIL REFUNDS 75.72 322534 2/12/2015 UTIL REFUNDS 33.14 322535 2/12/2015 UTIL REFUNDS 26.02 322536 2/12/2015 UTIL REFUNDS 39.32 322537 2/12/2015 UTIL REFUNDS 42.33 322538 2/12/2015 UTIL REFUNDS 29.90 322539 2/12/2015 UTIL REFUNDS 52.51 322540 2/12/2015 UTIL REFUNDS 67.71 322541 2/12/2015 UTIL REFUNDS 18.73 322542 2/12/2015 UTIL REFUNDS 75.12 322543 2/12/2015 UTIL REFUNDS 77.69 322544 2/12/2015 UTIL REFUNDS 322.31 322545 2/12/2015 UTIL REFUNDS 72.79 322546 2/12/2015 UTIL REFUNDS 42.05 322547 2/12/2015 UTIL REFUNDS 35.74 322548 2/12/2015 UTIL REFUNDS 21.53 322549 2/12/2015 UTIL REFUNDS 23.39 322550 2/12/2015 UTIL REFUNDS 17.17 322551 2/12/2015 UTIL REFUNDS 32.86 322552 2/12/2015 UTIL REFUNDS 61.12 322553 2/12/2015 UTIL REFUNDS 75.32 322554 2/12/2015 UTIL REFUNDS 44.04 322555 2/12/2015 UTIL REFUNDS 5.71 322556 2/12/2015 UTIL REFUNDS 25.60 322557 2/12/2015 UTIL REFUNDS 71.00 322558 2/12/2015 UTIL REFUNDS 16.29 322559 2/12/2015 UTIL REFUNDS 42.77 322560 2/12/2015 UTIL REFUNDS 61.44 322561 2/12/2015 UTIL REFUNDS 34.31 322562 2/12/2015 UTIL REFUNDS 86.22 322563 2/12/2015 UTIL REFUNDS 90.56 322564 2/12/2015 UTIL REFUNDS 36.21 322565 2/12/2015 UTIL REFUNDS 40.27 322566 2/12/2015 UTIL REFUNDS 80.49 322567 2/12/2015 UTIL REFUNDS 46.81 322568 2/12/2015 UTIL REFUNDS 69.96 322569 2/12/2015 UTIL REFUNDS 51.90 322570 2/12/2015 UTIL REFUNDS 76.91 322571 2/12/2015 UTIL REFUNDS 70.75 322572 2/12/2015 UTIL REFUNDS 91.74 322573 2/12/2015 UTIL REFUNDS 48.79 322574 2/12/2015 UTIL REFUNDS 39.55 322575 2/12/2015 UTIL REFUNDS 61.53 322576 2/12/2015 UTIL REFUNDS 26.71 322577 2/12/2015 UTIL REFUNDS 16.06 322578 2/12/2015 UTIL REFUNDS 22.05 322579 2/12/2015 UTIL REFUNDS 50.71 322580 2/12/2015 UT1L REFUNDS 209.51 322581 2/12/2015 PORT CONSOLIDATED INC 49,186.62 322582 2/12/2015 FIRE EQUIPMENT SVC OF ST LUCIE INC 119.00 322583 2/12/2015 JORDAN MOWER INC 160.27 322584 2/12/2015 VERO CHEMICAL DISTRIBUTORS INC 199.80 322585 2/12/2015 CHISHOLM CORP OF VERO 17.97 322586 2/12/2015 KUVILEY HORN & ASSOC INC 6,150.00 322587 2/12/2015 VELDE FORD INC 1,117.93 322588 2/12/2015 AT&T WIRELESS 571.67 322589 2/12/2015 AT&T WIRELESS 109.00 322590 2/12/2015 DATA FLOW SYSTEMS INC 795.00 5 CHECK NBR CK DATE VENDOR AMOUNT 322591 2/12/2015 DELTA SUPPLY CO 78.00 322592 2/12/2015 E-Z BREW COFFEE & BOTTLE WATER SVC 79.93 322593 2/12/2015 KELLY TRACTOR CO 1,146.37 322594 2/12/2015 SAFETY KLEEN SYSTEMS INC 285.60 322595 2/12/2015 REPUBLIC SERVICES OF FLORIDA 1,426.54 322596 2/12/2015 QUALITY BOOKS INC 3,881.29 322597 2/12/2015 GAYLORD BROTHERS INC 324.75 322598 2/12/2015 HACH CO 13,603.26 322599 2/12/2015 LFI FORT PIERCE INC 1,275.55 322600 2/12/2015 KSM ENGINEERING & TESTING INC 113.00 322601 2/12/2015 HD SUPPLY WATERWORKS, LTD 8,330.45 322602 2/12/2015 EGP INC 589.50 322603 2/12/2015 VERO INDUSTRIAL SUPPLY INC 584.61 322604 2/12/2015 TIRESOLES OF BROWARD INC 2,570.89 322605 2/12/2015 BFS RETAIL OPERATIONS LLC 2,207.00 322606 2/12/2015 XEROX CORP SUPPLIES 233.46 322607 2/12/2015 GENERAL PART INC 843.70 322608 2/12/2015 BAKER & TAYLOR INC 2,105.61 322609 2/12/2015 MIDWEST TAPE LLC 35.98 322610 2/12/2015 MIDWEST TAPE LLC 682.95 322611 2/12/2015 MICROMARKETING LLC 669.92 322612 2/12/2015 PENWORTHY COMPANY 2,885.53 322613 2/12/2015 SUNSHINE REHABILATION CENTER OF IRC INC 75.00 322614 2/12/2015 GREENE INVESTMENT PARTNERSHIP LTD 493.73 322615 2/12/2015 CREATIVE CHOICE HOMES XVI LTD 400.00 322616 2/12/2015 BOYS & GIRLS CLUB OF INDIAN 9,411.93 322617 2/12/2015 PING INC 1,406.87 322618 2/12/2015 CLERK OF CIRCUIT COURT 203.77 322619 2/12/2015 INDIAN RIVER COUNTY HEALTH DEPT 1,452.00 322620 2/12/2015 ROGER J NICOSIA 560.00 322621 2/12/2015 CITY OF VERO BEACH 30,941.69 322622 2/12/2015 ILLINOIS STATE DISBURSEMENT UNIT 142.32 322623 2/12/2015 CHAPTER 13 TRUSTEE 478.38 322624 2/12/2015 INDIAN RIVER ALL FAB INC 148.51 322625 2/12/2015 FLORIDA EAST COAST RAILWAY LLC 3,402.00 322626 2/12/2015 LIVINGSTON PAGE 54.00 322627 2/12/2015 JANITORIAL DEPOT OF AMERICA INC 578.12 322628 2/12/2015 PERCONTI DATA SYSTEMS INC 6,000.00 322629 2/12/2015 DUMONT COMPANY INC 410.75 322630 2/12/2015 INDIAN RIVER HABITAT 192.22 322631 2/12/2015 IRC CHAMBER OF COMMERCE 35,958.97 322632 2/12/2015 ST JOHNS RIVER WATER MGMT DISTRICT 100.00 322633 2/12/2015 FEDERAL EXPRESS CORP 22.15 322634 2/12/2015 TYLER TECHNOLOGIES INC 775.00 322635 2/12/2015 DON LAWLESS 60.00 322636 2/12/2015 FLORIDA POWER AND LIGHT 8,853.02 322637 2/12/2015 FLORIDA POWER AND LIGHT 1,846.20 322638 2/12/2015 JAMES GRAY JR 91.00 322639 2/12/2015 TAYLOR MADE GOLF CO INC 972.57 322640 2/12/2015 STATE ATTORNEY 1,035.00 322641 2/12/2015 CITY OF FELLSMERE 239.22 322642 2/12/2015 PEACE RIVER ELECTRIC COOP INC 426.00 322643 2/12/2015 SUNSHINE STATE ONE CALL OF FL INC 1,101.51 322644 2/12/2015 JOSEPH A BAIRD 1,458.84 322645 2/12/2015 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 150.00 322646 2/12/2015 CHRISTOPHER R MORA 80.63 322647 2/12/2015 COLLEEN D'ANGELO 178.85 322648 2/12/2015 TREASURE COAST FIRE CHIEFS 25.00 322649 2/12/2015 CENTRAL FLORIDA PRIMA 35.00 322650 2/12/2015 GERALD A YOUNG SR 120.00 6 2 CHECK NBR CK DATE VENDOR AMOUNT 322651 2/12/2015 CARTER & VERPLANK INC 3,974.40 322652 2/12/2015 HENRY SMITH 90.00 322653 2/12/2015 PITNEY BOWES INC 299.98 322654 2/12/2015 ALAN C KAUFFMANN 160.00 322655 2/12/2015 INDIAN RIVER COUNTY HISTORICAL 5,561.99 322656 2/12/2015 G K ENVIRONMENTAL INC 7,217.70 322657 2/12/2015 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 165.33 322658 2/12/2015 JONATHAN CLARK 81.21 322659 2/12/2015 DEPARTMENT OF HEALTH AND HUMAN SERVICES 150.00 322660 2/12/2015 PINNACLE GROVE LTD 1,116.00 322661 2/12/2015 SYMBIONT SERVICE CORP 650.00 322662 2/12/2015 HAYTH,HAYTH & LANDAU 125.00 322663 2/12/2015 FLORIDA ASSOC OF CODE ENFORCEMENT 55.00 322664 2/12/2015 HOMETOWN NEWS 89.00 322665 2/12/2015 JASON OGILVIE 72.00 322666 2/12/2015 RUSSELL PAYNE INC 636.72 322667 2/12/2015 CELICO PARTNERSHIP 1,803.50 322668 2/12/2015 FLORIDA DEPT OF JUVENILE JUSTICE 20,200.96 322669 2/12/2015 VAN WAL INC 362.00 322670 2/12/2015 JOSEPH W VASQUEZ 96.00 322671 2/12/2015 TCG SONRISE 11 LLC 445.00 322672 2/12/2015 WISSEL CONSTRUCTION 50.00 322673 2/12/2015 CANTERBURY PLACE PARTNERS LTD 500.00 322674 2/12/2015 MASTELLER & MOLER INC 23,848.00 322675 2/12/2015 PRICE, JILL L 100.00 322676 2/12/2015 PELICAN ISLES LP 358.00 322677 2/12/2015 ARPHAX PUBLISHING CO 575.00 322678 2/12/2015 ADMIN FOR CHILD SUPPORT ENFORCEMENT 219.57 322679 2/12/2015 ADMIN FOR CHILD SUPPORT ENFORCEMENT 222.55 322680 2/12/2015 ADMIN FOR CHILD SUPPORT ENFORCEMENT 124.18 322681 2/12/2015 RICHARD M HERREN 456.98 322682 2/12/2015 PROFESSIONAL PAVEMENT PRODUCTS. INC 928.03 322683 2/12/2015 STANLEY CONSULTANTS INC 4,789.04 322684 2/12/2015 QUENTIN VILLA 100.00 322685 2/12/2015 LARRY STEPHENS 126.00 322686 2/12/2015 JOHN DEERE LANDSCAPES 41.94 322687 2/12/2015 JOSE RIVERA 60.00 322688 2/12/2015 KEN CHATAM 120.00 322689 2/12/2015 HEART OF THE EARTH MARKETING 257.50 322690 2/12/2015 KENNY CAMPBELL JR 140.00 322691 2/12/2015 SUNCOAST REALTY & RENTAL MGMT LLC 264.00 322692 2/12/2015 ARJUNA WERAGODA 98.75 322693 2/12/2015 SMITH, APRIL C 40.72 322694 2/12/2015 ANDY SOBCZAK 71.71 322695 2/12/2015 JOHNNY B SMITH 148.00 322696 2/12/2015 DANE MACDONALD 216.00 322697 2/12/2015 CHARLES A WALKER 120.00 322698 2/12/2015 WILLIAM D UHL 37.14 322699 2/12/2015 GUARDIAN COMMUNITY RESOURCE MANAGEMENT 750.00 322700 2/12/2015 MARCO RODRIGUEZ 26.42 322701 2/12/2015 PATRICIA & SHAUN NEROLICH 100.00 322702 2/12/2015 REEVES, SHAWN 50.00 322703 2/12/2015 WEHRLE, RONALD 31.78 322704 2/12/2015 JUNE D NATHAN 191.89 322705 2/12/2015 SOUTHEAST SECURE SHREDDING 112.96 322706 2/12/2015 KEVIN & SHARON LE STOURGEON 100.00 322707 2/12/2015 WILLIAM RICE 505.81 322708 2/12/2015 MARINCO BIOASSAY LABORATORY INC 2,020.00 322709 2/12/2015 K'S COMMERCIAL CLEANING 2,435.00 322710 2/12/2015 ROBERT SOLARI 410.40 %I CHECK NBR CK DATE VENDOR AMOUNT 322711 2/12/2015 COURTYARD VILLAS OF VERO LLC 338.00 322712 2/12/2015 TERESA PULIDO 210.00 322713 2/12/2015 AUTOMOTIVE CLIMATE CONTROL INC 610.54 322714 2/12/2015 HELPING ANIMALS LIVE -OVERCOME 50.00 322715 2/12/2015 INEOS NEW PLANET BIOENERGY LLC 58.08 322716 2/12/2015 WOERNER DEVELOPMENT INC 691.50 322717 2/12/2015 JANCY PET BURIAL SERVICE INC 76.50 322718 2/12/2015 DELRAY MOTORS 310.43 322719 2/12/2015 FLORIDA COAST EQUIPMENT INC 1,613.69 322720 2/12/2015 JOSEPH CATALANO 40.00 322721 2/12/2015 OVERDRIVE INC 534.70 322722 2/12/2015 RAYMOND J DUCHEMIN 80.00 322723 2/12/2015 TOTAL BUILDING CONCEPTS 87.96 322724 2/12/2015 KEITH GROCHOLL 60.00 322725 2/12/2015 GFA INTERNATIONAL INC 11,857.50 322726 2/12/2015 LINDA GRAHAM 240.00 322727 2/12/2015 TIM ZORC 433.21 322728 2/12/2015 VINCENT BURKE 138.75 322729 2/12/2015 CLEAN SWEEP & VAC LLC 4,454.40 322730 2/12/2015 LOWES HOME CENTERS INC 433.53 322731 2/12/2015 LABOR READY SOUTHEAST INC 12,730.77 322732 2/12/2015 ALEX MIKLO 126.00 322733 2/12/2015 AGN SPORTS LLC 150.00 322734 2/12/2015 MITCHELL GODWIN 90.00 322735 2/12/2015 TRV ADVERTISTING & MARKETING INC 2,374.50 322736 2/12/2015 STEVEN G HANSEN 240.00 322737 2/12/2015 TREASURE COAST TURF INC 1,280.00 322738 2/12/2015 PENGUIN RANDOM HOUSE LLC 201.25 322739 2/12/2015 SOUTHERN MANAGEMENT LLC 3,971.50 322740 2/12/2015 MICHAEL YOUNG 40.00 322741 2/12/2015 MARK BAER 400.00 322742 2/12/2015 C E R SIGNATURE CLEANING 5,850.00 322743 2/12/2015 DEBORAH CUEVAS 198.00 322744 2/12/2015 LOTUS AMMUNITION WORX LLC 2,720.00 322745 2/12/2015 SAMBA HOLDINGS INC 1,117.98 322746 2/12/2015 WADE WILSON 100.00 322747 2/12/2015 FAMILY SUPPORT REGISTRY 9.66 322748 2/12/2015 COMFORT ZONE A/C AND HEATING OF FLORIDA LLC 3,645.00 322749 2/12/2015 RICHARD BEECHER 40.00 322750 2/12/2015 JEFF PASSARETTI 120.00 322751 2/12/2015 AXIS DATA SOLUTIONS INC 250.00 322752 2/12/2015 STS MAINTAIN SERVICES INC 1,450.00 322753 2/12/2015 ANDREW D. FLEISHER, ESQ 150.00 322754 2/12/2015 FOUNDATION FOR AFFORDABLE RENTAL HOUSING 515.00 322755 2/12/2015 MINDY RENNARD, ESQ. 319.82 322756 2/12/2015 ALLEGHENY COUNTY HOUSING AUTHORITY 427.34 322757 2/12/2015 MASCHMEYER CONCRETE COMPANY OF FLORIDA 819.08 322758 2/12/2015 BILFINGER WATER TECHNOLOGIES INC 793.13 322759 2/12/2015 CHRISTINA WAGNER 90.00 322760 2/12/2015 SHANA-LEE MOWATT 90.00 322761 2/12/2015 ADAMARK PROPERTIES 350.00 322762 2/12/2015 LAW OFFICE OF KAREN WONSETLER PA 2,500.00 322763 2/12/2015 CHAD COOLEY 155.00 322764 2/12/2015 JOSEPH J MANTIONE 1,000.00 322765 2/12/2015 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00 322766 2/12/2015 ACTION TREE INC 1,436.43 322767 2/12/2015 RICHARD THEISS 216.48 322768 2/12/2015 ROSAALMANZA 192.65 322769 2/12/2015 KUM SAUER 397.28 322770 2/12/2015 ROBERT G PURSLEY 397.28 E:3 CHECK NBR CK DATE VENDOR AMOUNT 322771 2/12/2015 CARLIE MOLTIME 192.97 322772 2/12/2015 GAIL BOATWRIGHT 191.89 322773 2/12/2015 CHRISTINA COLES 118.76 322774 2/12/2015 GARY COLES 118.75 322775 2/12/2015 UTIL REFUNDS 113.75 322776 2/12/2015 UTIL REFUNDS 147.30 322777 2/12/2015 UTIL REFUNDS 35.76 322778 2/12/2015 UTIL REFUNDS 16.85 322779 2/12/2015 UTIL REFUNDS 39.44 322780 2/12/2015 UTIL REFUNDS 56.54 322781 2/12/2015 UTIL REFUNDS 7.44 322782 2/12/2015 UTIL REFUNDS 8.16 322783 2/12/2015 UTIL REFUNDS 165.48 322784 2/12/2015 UTIL REFUNDS 21.09 322785 2/12/2015 UTIL REFUNDS 94.54 322786 2/12/2015 UTIL REFUNDS 68.06 322787 2/12/2015 UTIL REFUNDS 13.93 322788 2/12/2015 UTIL REFUNDS 10.51 322789 2/12/2015 UTIL REFUNDS 55.91 322790 2/12/2015 UTIL REFUNDS 59.09 322791 2/12/2015 UTIL REFUNDS 112.78 322792 2/12/2015 UTIL REFUNDS 235.24 322793 2/12/2015 UTIL REFUNDS 67.60 322794 2/12/2015 UTIL REFUNDS 61.38 322795 2/12/2015 UTIL REFUNDS 40.54 322796 2/12/2015 UTIL REFUNDS 26.01 322797 2/12/2015 UTIL REFUNDS 24.34 322798 2/12/2015 UTIL REFUNDS 47.56 322799 2/12/2015 UTIL REFUNDS 103.95 322800 2/12/2015 UTIL REFUNDS 6.13 322801 2/12/2015 UTIL REFUNDS 35.35 322802 2/12/2015 UTIL REFUNDS 56.78 322803 2/12/2015 UTIL REFUNDS 25.42 322804 2/12/2015 UTIL REFUNDS 36.29 322805 2/12/2015 UTIL REFUNDS 23.45 322806 2/12/2015 UTIL REFUNDS 80.69 322807 2/12/2015 UTIL REFUNDS 98.58 322808 2/12/2015 UTIL REFUNDS 45.03 322809 2/12/2015 UTIL REFUNDS 77.53 322810 2/12/2015 UTIL REFUNDS 80.69 322811 2/12/2015 UTIL REFUNDS 89.56 322812 2/12/2015 UTIL REFUNDS 45.73 322813 2/12/2015 UTIL REFUNDS 35.47 322814 2/12/2015 UTIL REFUNDS 39.44 322815 2/12/2015 UTIL REFUNDS 59.51 322816 2/12/2015 UTIL REFUNDS 62.23 322817 2/12/2015 UTIL REFUNDS 71.77 322818 2/12/2015 UTIL REFUNDS 36.91 322819 2/12/2015 UTIL REFUNDS 13.56 322820 2/12/2015 UTIL REFUNDS 66.74 322821 2/12/2015 UTIL REFUNDS 75.12 322822 2/12/2015 UTIL REFUNDS 161.54 Grand Total: 372,398.00 9 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1005788 2/5/2015 PARKS RENTAL & SALES INC 187.98 1005789 2/5/2015 PRAXAIR DISTRIBUTION SOUTHEAST LLC 888.90 1005790 2/5/2015 COMMUNICATIONS INTERNATIONAL 25,376.55 1005791 2/5/2015 COPYCOINC 106.37 1005792 2/5/2015 SAFETY PRODUCTS INC 895.22 1005793 2/5/2015 COLD AIR DISTRIBUTORS WAREHOUSE 233.34 1005794 2/5/2015 INDIAN RIVER BATTERY 219.45 1005795 2/5/2015 MIKES GARAGE & WRECKER SERVICE INC 55.00 1005796 2/5/2015 ALLIED UNIVERSAL CORP 5,820.62 1005797 2/5/2015 GROVE WELDERS INC 131.69 1005798 2/5/2015 DEERE & COMPANY 319.55 1005799 2/5/2015 COMMUNITY ASPHALT CORP 1,178.67 1005800 2/5/2015 TOTAL TRUCK PARTS INC 58.09 1005801 2/5/2015 COMPLETE ELECTRIC INC 2,550.00 1005802 2/5/2015 RECHTIEN INTERNATIONAL TRUCKS 60.23 1005803 2/5/2015 POLYDYNE INC 5,014.00 1005804 2/5/2015 SOUTHERN JANITOR SUPPLY INC 765.95 1005805 2/5/2015 COPYTRONICS INC 108.84 1005806 2/5/2015 HARCROS CHEMICALS, INC. 8,880.60 1005807 2/5/2015 REHRIG PACIFIC COMPANY 31,814.88 1005808 2/5/2015 METRO FIRE PROTECTION SERVICES INC 897.75 1005809 2/5/2015 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 573.73 1005810 2/5/2015 AUTO PARTNERS LLC 94.09 1005811 2/5/2015 S & S AUTO PARTS 819.68 1005812 2/5/2015 HORIZON DISTRIBUTORS INC 473.65 1005813 2/5/2015 PACE ANALYTICAL SERVICES INC 204.00 1005814 2/6/2015 AT&T 67.78 1005815 2/6/2015 OFFICE DEPOT BSD CUSTOMER SVC 400.81 1005816 2/6/2015 WASTE MANAGEMENT INC 1,343.91 1005817 2/6/2015 BRIDGESTONE GOLF INC 988.04 1005818 2/9/2015 SAFETY PRODUCTS INC 372.51 1005819 2/9/2015 MIKES GARAGE & WRECKER SERVICE INC 55.00 1005820 2/9/2015 NEWMANS POWER SYSTEMS 3,178.17 1005821 2/9/2015 RECORDED BOOKS LLC 354.40 1005822 2/9/2015 VERO COLLISION CENTER 339.00 1005823 2/9/2015 SEBASTIAN OFFICE SUPPLY CO 32.98 1005824 2/9/2015 HD SUPPLY FACILITIES MAINTENANCE LTD 1,148.29 1005825 2/9/2015 SHRIEVE CHEMICAL CO 2,994.08 1005826 2/9/2015 SOUTHERN JANITOR SUPPLY INC 109.53 1005827 2/9/2015 SIMS CRANE & EQUIPMENT CO 642.00 1005828 2/9/2015 IMAGENET CONSULTING LLC 334.00 1005829 2/11/201. COLD AIR DISTRIBUTORS WAREHOUSE 241.43 1005830 2/11/201: INDIAN RIVER BATTERY 134.80 1005831 2/11/201: INDIAN RIVER OXYGEN INC 147.50 1005832 2/11/201: APPLE INDUSTRIAL SUPPLY CO 223.43 1005833 2/11/201: SMITH BROTHERS CONTRACTING EQUIP 729.00 1005834 2/11/201: GALLS LLC 49.95 1005835 2/11/201: ALLIED UNIVERSAL CORP 5,168.85 1005836 2/11/201. THE EXPEDITER 142.88 1005837 2/11/201: GROVE WELDERS INC 1,443.85 1005838 2/11/201: COMMUNITY ASPHALT CORP 181.50 1005839 2/11/201: FERGUSON ENTERPRISES INC 10,783.80 1005840 2/11/201: GLOBAL GOLF SALES INC 231.92 1005841 2/11/201. COPYTRONICS INC 415.52 1005842 2/11/201: CAPITAL OFFICE PRODUCTS 357.29 1005843 2/11/201. CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 449.56 1005844 2/11/201: HYDRA SERVICE (S) INC 6,453.00 1005851 2/12/201. SAFETY PRODUCTS INC 91.40 10 TRANS. NBR 1005852 1005853 1005854 1005855 1005856 Grand Total: DATE VENDOR 2/12/201. MIKES GARAGE & WRECKER SERVICE INC 2/12/201. NEWMANS POWER SYSTEMS 2/12/201. HD SUPPLY FACILITIES MAINTENANCE LTD 2/12/201. VERO BEACH WINNELSON COMPANY INC 2/12/201. S & S AUTO PARTS AMOUNT 55.00 3,083.30 2,090.00 694.81 649.62 133,907.74 11 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 3422 2/6/2015: CLOSE CONSTRUCTION LLC 231,215.33 3423 2/6/2015: JMC SERVICES INC 45,605.88 3424 2/6/2015: VETERANS COUNCIL OF I R C 6,573.04 3425 2/6/2015: WRIGHT EXPRESS FSC 18,047.80 3426 2/10/2015 IRS -PAYROLL TAXES 14,303.19 Grand Total: 315,745.24 12 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27'h Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: February 20, 2015 SUBJECT: APPROVAL OF WARRANTS February 13, 2015 to February 19, 2015 i.� 6 �couMrr oNA 0o In compliance with Chapter 136.06, Florida Statutes, all warrants (checks and electronic payments) issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached list of warrants, issued by the Comptroller's office, for the time period of February 13, 2015 to February 19, 2015. Attachment: DB: MS 13 CHECKS WRITTEN CHECK NBR CK DATE VENDOR AMOUNT 322823 2/13/2015 FRANK BLAKE 354.52 322824 2/13/2015 FLORIDA MUNICIPAL POWER AGENCY 119.13 322825 2/20/2015 UTIL REFUNDS 15.27 322826 2/20/2015 UTIL REFUNDS 75.96 322827 2/20/2015 UTIL REFUNDS 35.21 322828 2/20/2015 UTIL REFUNDS 34.92 322829 2/20/2015 UTIL REFUNDS 61.05 322830 2/20/2015 UTIL REFUNDS 10.19 322831 2/20/2015 UTIL REFUNDS 71.25 322832 2/20/2015 UTIL REFUNDS 15.95 322833 2/20/2015 UTIL REFUNDS 8.36 322834 2/20/2015 UTIL REFUNDS 34.24 322835 2/20/2015 UTIL REFUNDS 33.14 322836 2/20/2015 UTIL REFUNDS 3.38 322837 2/20/2015 UTIL REFUNDS 44.88 322838 2/20/2015 UTIL REFUNDS 45.58 322839 2/20/2015 UTIL REFUNDS 11.70 322840 2/20/2015 UTIL REFUNDS 43.31 322841 2/20/2015 UTIL REFUNDS 10.05 322842 2/20/2015 UTEL REFUNDS 40.82 322843 2/20/2015 UTIL REFUNDS 67.74 322844 2/20/2015 UTIL REFUNDS 32.32 322845 2/20/2015 UTIL REFUNDS 29.51 322846 2/20/2015 UTIL REFUNDS 22.13 322847 2/20/2015 UTIL REFUNDS 29.37 322848 2/20/2015 UTIL REFUNDS 40.27 322849 2/20/2015 UTIL REFUNDS 36.02 322850 2/20/2015 UTIL REFUNDS 190.58 322851 2/20/2015 UTIL REFUNDS 74.38 322852 2/20/2015 UTIL REFUNDS 13.87 322853 2/20/2015 UTIL REFUNDS 50.32 322854 2/20/2015 UTIL REFUNDS 44.31 322855 2/20/2015 UTIL REFUNDS 16.98 322856 2/20/2015 UTIL REFUNDS 210.13 322857 2/20/2015 UTIL REFUNDS 54.88 322858 2/20/2015 UTIL REFUNDS 73.08 322859 2/20/2015 UTIL REFUNDS 130.57 322860 2/20/2015 UTIL REFUNDS 30.81 322861 2/20/2015 UTIL REFUNDS 85.58 322862 2/20/2015 UTEL REFUNDS 79.90 322863 2/20/2015 UTIL REFUNDS 14.63 322864 2/20/2015 UTIL REFUNDS 43.15 322865 2/20/2015 UTIL REFUNDS 39.34 322866 2/20/2015 UTIL REFUNDS 40.13 322867 2/20/2015 UTIL REFUNDS 74.54 322868 2/20/2015 UTIL REFUNDS 50.32 322869 2/20/2015 UTIL REFUNDS 29.85 322870 2/20/2015 UTIL REFUNDS 122.76 322871 2/20/2015 UTIL REFUNDS 4.57 322872 2/20/2015 UTIL REFUNDS 48.80 322873 2/20/2015 UTIL REFUNDS 37.15 322874 2/20/2015 UTIL REFUNDS 35.06 322875 2/20/2015 UTIL REFUNDS 75.16 322876 2/20/2015 UTIL REFUNDS 12.98 322877 2/20/2015 UTIL REFUNDS 42.89 322878 2/20/2015 UTIL REFUNDS 62.06 322879 2/20/2015 UTIL REFUNDS 30.12 322880 2/20/2015 UTIL REFUNDS 37.12 14 CHECK NBR CK DATE VENDOR AMOUNT 322881 2/20/2015 UTIL REFUNDS 10.44 322882 2/20/2015 UTIL REFUNDS 82.75 322883 2/20/2015 UTIL REFUNDS 62.95 322884 2/20/2015 UTIL REFUNDS 73.40 322885 2/20/2015 UTIL REFUNDS 32.29 322886 2/20/2015 UTIL REFUNDS 8.33 322887 2/20/2015 UTIL REFUNDS 31.40 322888 2/20/2015 UTIL. REFUNDS 30.12 322889 2/20/2015 UTIL REFUNDS 84.96 322890 2/20/2015 UTIL REFUNDS 41.30 322891 2/20/2015 UTIL REFUNDS 37.12 322892 2/20/2015 UTIL REFUNDS 38.42 322893 2/20/2015 UTIL REFUNDS 8.61 322894 2/20/2015 UTIL REFUNDS 38.63 322895 2/20/2015 PORT CONSOLIDATED INC 58,519.37 322896 2/20/2015 JORDAN MOWER INC 672.79 322897 2/20/2015 TEN-8 FIRE EQUIPMENT INC 7,025.00 322898 2/20/2015 VERO CHEMICAL DISTRIBUTORS INC 117.40 322899 2/20/2015 RICOH USA INC 107.69 322900 2/20/2015 CHISHOLM CORP OF VERO 3,283.94 322901 2/20/2015 VELDE FORD INC 2,809.74 322902 2/20/2015 AT&T WIRELESS 433.54 322903 2/20/2015 E-Z BREW COFFEE & BOTTLE WATER SVC 21.46 322904 2/20/2015 KELLY TRACTOR CO 5,459.24 322905 2/20/2015 GENES AUTO GLASS INC 305.00 322906 2/20/2015 REPUBLIC SERVICES OF FLORIDA 47.00 322907 2/20/2015 QUALITY BOOKS INC 161.86 322908 2/20/2015 AMERIGAS EAGLE PROPANE LP 139.00 322909 2/20/2015 AMERIGAS EAGLE PROPANE LP 471.98 322910 2/20/2015 AMERIGAS EAGLE PROPANE LP 552.77 322911 2/20/2015 AMERIGAS EAGLE PROPANE LP 1,356.97 322912 2/20/2015 AMERIGAS EAGLE PROPANE LP 1,603.13 322913 2/20/2015 LFI FORT PIERCE INC 1,275.55 322914 2/20/2015 MARK W HILL 115.50 322915 2/20/2015 PHYSIO CONTROL INC 1,384.44 322916 2/20/2015 PATTERSON POPE INC 408.02 322917 2/20/2015 HD SUPPLY WATERWORKS, LTD 2,521.16 322918 2/20/2015 BOUND TREE MEDICAL LLC 1,755.35 322919 2/20/2015 EGP INC 1,201.41 322920 2/20/2015 VERO INDUSTRIAL SUPPLY INC 41.32 322921 2/20/2015 TIRESOLES OF BROWARD INC 289.00 322922 2/20/2015 BFS RETAIL OPERATIONS LLC 2,110.72 322923 2/20/2015 DELL MARKETING LP 5,888.88 322924 2/20/2015 GENERAL PART INC 3,311.89 322925 2/20/2015 GOODYEAR AUTO SERVICE CENTER 1,327.34 322926 2/20/2015 BAKER & TAYLOR INC 654.47 322927 2/20/2015 MIDWEST TAPE LLC 615.24 322928 2/20/2015 NORTHERN SAFETY CO INC 324.77 322929 2/20/2015 IsUCROMARKETING LLC 278.55 322930 2/20/2015 K & M ELECTRIC SUPPLY 1,040.00 322931 2/20/2015 LINDSEY GARDENS LTD 500.00 322932 2/20/2015 CITY OF VERO BEACH 66,802.77 322933 2/20/2015 INDIAN RIVER ALL FAB INC 3,456.76 322934 2/20/2015 UNITED PARCEL SERVICE INC 51.14 322935 2/20/2015 FLORIDA EAST COAST RAILWAY LLC 7,828.63 322936 2/20/2015 LIVINGSTON PAGE 54.00 322937 2/20/2015 B/C B/S OF FL ADM FEE 10,239.75 322938 2/20/2015 B/C B/S OF FL ADM FEE 33,116.85 322939 2/20/2015 JANITORIAL DEPOT OF AMERICA INC 179.44 322940 2/20/2015 HUMANE SOCIETY 25,175.00 15 CHECK NBR CK DATE VENDOR AMOUNT 322941 2/20/2015 AAA COOPER TRANSPORTATION INC 165.19 322942 2/20/2015 ACUSHNET COMPANY 1,053.62 322943 2/20/2015 EXCHANGE CLUB CASTLE 5,113.92 322944 2/20/2015 IRC CHAMBER OF COMMERCE 19,348.97 322945 2/20/2015 WEST PUBLISHING CORPORATION 291.00 322946 2/20/2015 FEDERAL EXPRESS CORP 27.42 322947 2/20/2015 DON LAWLESS 60.00 322948 2/20/2015 CITY OF SEBASTIAN 21,898.05 322949 2/20/2015 TIMOTHY ROSE CONTRACTING INC 783,856.66 322950 2/20/2015 UNITED BLOWER INC 363.94 322951 2/20/2015 CALLAWAY GOLF SALES COMPANY 5,284.50 322952 2/20/2015 SUBSTANCE AWARENESS COUNCIL OF IRC INC 14,011.11 322953 2/20/2015 FLORIDA POWER AND LIGHT 41,680.06 322954 2/20/2015 PUBLIC DEFENDER 4,338.05 322955 2/20/2015 BLUE CROSS & BLUE SHIELD of FLORIDA 1,139.97 322956 2/20/2015 CITY OF FELLSMERE 24.13 322957 2/20/2015 NEW HORIZONS OF THE TREASURE COAST 23,229.50 322958 2/20/2015 SUNSHINE STATE ONE CALL OF FL INC 1,076.94 322959 2/20/2015 LANGUAGE LINE SERVICES INC 214.36 322960 2/20/2015 TOCOMA RUBBER STAMP & MARKING SYSTEM 192.20 322961 2/20/2015 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 500.00 322962 2/20/2015 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 650.00 322963 2/20/2015 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 375.00 322964 2/20/2015 B & H FOTO & ELECTRONICS CORP 676.00 322965 2/20/2015 FLORIDA ASSOCIATION OF COUNTYATTORNEYS 375.00 322966 2/20/2015 GERALD A YOUNG SR 60.00 322967 2/20/2015 GREY HOUSE PUBLISHING 4,072.50 322968 2/20/2015 TRANSPORTATION CONTROL SYSTEMS 21,030.00 322969 2/20/2015 HENRY SMITH 126.00 322970 2/20/2015 INTERNATIONAL ASSOCIATION OF 275.00 322971 2/20/2015 ALAN C KAUFFMANN 120.00 322972 2/20/2015 G K ENVIRONMENTAL INC 5,251.56 322973 2/20/2015 JOHN BROWN & SONS INC 17,800.00 322974 2/20/2015 GOVERNORS HURRICANE CONFERENCE 225.00 322975 2/20/2015 BANK OF NEW YORK 1,362.50 322976 2/20/2015 IDEA GARDEN ADVERTISING 150.00 322977 2/20/2015 BRIDGE DESIGN ASSOCIATES INC 4,189.50 322978 2/20/2015 SYMBIONT SERVICE CORP 2,502.34 322979 2/20/2015 GATOR'S SOD INC 225.00 322980 2/20/2015 PERKINS COMPOUNDING PHARMACY 187.72 322981 2/20/2015 ANDRITZ SEPARATION INC 1,620.37 322982 2/20/2015 RUSSELL PAYNE INC 450.03 322983 2/20/2015 BOBBY HIERS 400.00 322984 2/20/2015 VAN WAL INC 663.00 322985 2/20/2015 MUTUAL OF OMAHA 1,922.50 322986 2/20/2015 JOSEPH W VASQUEZ 96.00 322987 2/20/2015 BIG BROTHERS AND BIG SISTERS 1,250.00 322988 2/20/2015 STACY FAULKNER 255.20 322989 2/20/2015 SHELLEY NOWLIN 7.02 322990 2/20/2015 POLISH AMERICAN SOCIAL CLUB 2,650.00 322991 2/20/2015 OCLC ONLINE COMPUTER LIBRARY CENTER 397.67 322992 2/20/2015 MBV ENGINEERING INC 1,275.00 322993 2/20/2015 CENTRAL PUMP & SUPPLY INC 225.04 322994 2/20/2015 E W SIVER & ASSOCIATES INC 10,068.70 322995 2/20/2015 MICHAEL ZITO 100.34 322996 2/20/2015 AMALIE HENNECH 300.00 322997 2/20/2015 MICHAEL BIGGLES 50.00 322998 2/20/2015 MASTELLER & MOLER INC 8,726.00 322999 2/20/2015 DICKERSON FLORIDA INC 609,262.37 323000 2/20/2015 WHISPERING PALMS MHC LLC 457.00 CHECK NBR CK DATE VENDOR AMOUNT 323001 2/20/2015 ETR LLC 79.75 323002 2/20/2015 SHAWANGUNK NATURE PRESERVE 100.00 323003 2/20/2015 LARRY STEPHENS 36.00 323004 2/20/2015 CAROLE J MADIGAN 1,311.00 323005 2/20/2015 KEN CHATAM 80.00 323006 2/20/2015 1ST FIRE & SECURITY INC 637.50 323007 2/20/2015 KENNY CAMPBELL JR 80.00 323008 2/20/2015 PETER OBRYAN 104.04 323009 2/20/2015 GERARD CHAMBERS 475.00 323010 2/20/2015 JOHNNY B SMITH 36.00 323011 2/20/2015 DANE MACDONALD 90.00 323012 2/20/2015 MAIN STREET VERO BEACH 150.00 323013 2/20/2015 MENTAL HEALTH ASSOCIATION IRC INC 14,760.00 323014 2/20/2015 CHARLES A WALKER 40.00 323015 2/20/2015 JACE CHANDLER & ASSOCIATES INC 4,400.00 323016 2/20/2015 FISHER & PHILLIPS LLP 24,947.00 323017 2/20/2015 KHABERLY LEATHERMAN 50.00 323018 2/20/2015 JOHN GILLILAND 35.10 323019 2/20/2015 CALIXTO COBAS 26.42 323020 2/20/2015 TREASURE COAST FOOD BANK INC 234.03 323021 2/20/2015 EVERYTHING OUTDOORS WHOLESALE 1,561.50 323022 2/20/2015 YOUTH GUIDANCE DONATION FUND 416.67 323023 2/20/2015 NICOLACE MARKETING INC 853.25 323024 2/20/2015 EQ THE ENVIRONMENTAL QUALITY COMPANY 19,784.19 323025 2/20/2015 TRITEL INC 49.50 323026 2/20/2015 VERA SMITH 36.00 323027 2/20/2015 MELVIN BUSH CONSTRUCTION INC 176,954.53 323028 2/20/2015 YAMAHA GOLF CAR COMPANY 105.98 323029 2/20/2015 HEALTH ADVOCATE 338.25 323030 2/20/2015 HEALTHADVOCATE 1,093.95 323031 2/20/2015 WOERNER DEVELOPMENT INC 503.00 323032 2/20/2015 HERITAGE CRYSTAL CLEAN INC 50.00 323033 2/20/2015 GUETTLER BROTHERS CONSTRUCTION LLC 644,749.73 323034 2/20/2015 MURPHY & WALKER P L 8,312.71 323035 2/20/2015 DELRAY MOTORS 30.27 323036 2/20/2015 TREKKER TRACTOR LLC 843.50 323037 2/20/2015 OVERDRIVE INC 2,500.00 323038 2/20/2015 FLORIDA ENVIRONMENTAL CONSULTING INC 2,833.33 323039 2/20/2015 IRC COUNCIL OF COMMUNITY SERVICE 25.00 323040 2/20/2015 RICOH PRINTING SYSTEMS AMERICA,INC 1,170.00 323041 2/20/2015 TOTAL ID SOLUTIONS INC 95.00 323042 2/20/2015 JMC SERVICES INC 245.60 323043 2/20/2015 FBM HOLDINGS LLC 267.45 323044 2/20/2015 GFA INTERNATIONAL INC 2,006.00 323045 2/20/2015 MIKE SCHAEFFER 1,882.39 323046 2/20/2015 HONEYWELL ANALYTICS 600.00 323047 2/20/2015 TIM ZORC 326.16 323048 2/20/2015 REPROGRAPHIC SOLUTIONS INC 125.76 323049 2/20/2015 LOWES HOME CENTERS INC 2,829.69 323050 2/20/2015 CARDINAL HEALTH 110 INC 2,881.00 323051 2/20/2015 ALEX MIKLO 56.00 323052 2/20/2015 MITCHELL GODWIN 90.00 323053 2/20/2015 TREASURE COAST TURF INC 576.00 323054 2/20/2015 PENGUIN RANDOM HOUSE LLC 239.25 323055 2/20/2015 SCADA SOLUTIONS LLC 4,400.00 323056 2/20/2015 CALDWELL PACETTI EDWARDS 1,417.50 323057 2/20/2015 KRAUS ASSOCIATES INC 9,937.50 323058 2/20/2015 MICHAEL YOUNG 20.00 323059 2/20/2015 BIRCHWOOD CASEY LLC 3,195.60 323060 2/20/2015 MARK BAER 1,887.00 17 CHECK NBR CK DATE VENDOR AMOUNT 323061 2/20/2015 KANSAS STATE BANK OF MANHATTAN 1,167.37 323062 2/20/2015 STEWART & STEVENSON FDDA LLC 991.64 323063 2/20/2015 DEBORAH CUEVAS 36.00 323064 2/20/2015 RYAN HERCO PRODUCTS CORP 1,506.26 323065 2/20/2015 BSN SPORTS INC 2,732.18 323066 2/20/2015 BAUDVILLE INC 337.37 323067 2/20/2015 DYLAN REINGOLD 399.68 323068 2/20/2015 KATE P COTNER 1,305.55 323069 2/20/2015 WADE WILSON 80.00 323070 2/20/2015 BAYSHORE CONSTRUCTION INC 26,296.29 323071 2/20/2015 VALERIE WATERS 220.00 323072 2/20/2015 JEFF PASSARETTI 60.00 323073 2/20/2015 THE LAW OFFICES OF JENNIFER D PESHKE PA 381.00 323074 2/20/2015 AXIS DATA SOLUTIONS INC 16,325.69 323075 2/20/2015 PHILIP LEDDY 31.78 323076 2/20/2015 BERNARD EGAN & COMPANY 2,164.48 323077 2/20/2015 THE COMMUNITY CHURCH OF VERO BEACH FLORIDA 439.00 323078 2/20/2015 AMERITAS 20,172.46 323079 2/20/2015 NAPIER & ROLLIN PLLC 172.50 323080 2/20/2015 ALL N PROFESSIONAL SERVICES 950.00 323081 2/20/2015 ARROW INTERNATIONAL 2,209.02 323082 2/20/2015 PROFESSIONAL GOLF BALL SERVICES LTD 782.00 323083 2/20/2015 RONALD NICHELSON 40.00 323084 2/20/2015 MAVERICK UNITED ELEVATOR LLC 1,480.00 323085 2/20/2015 SUN LIFE FINANCIAL 4,985.60 323086 2/20/2015 SUN LIFE FINANCIAL 16,124.16 323087 2/20/2015 FLORIDA PALLET LLC 1,520.00 323088 2/20/2015 THERMO EBERLINE LLC 7,810.27 323089 2/20/2015 WATERBURY HOUSING AUTHORITY 504.86 323090 2/20/2015 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 850.00 323091 2/20/2015 PELICAN VIEW PROJECT LLC 100.00 323092 2/20/2015 SCHULMAN & SCHULMAN LLC 50.00 323093 2/20/2015 JUSTIN SIGLER 50.00 323094 2/20/2015 SYLIVIA MILLER 2,294.50 323095 2/20/2015 LATISA OLIVER 50.00 323096 2/20/2015 PATRICIAN HUNT 26.42 323097 2/20/2015 MARK MALIAS 31.78 323098 2/20/2015 MICHAEL MC CONKEY 31.30 323099 2/20/2015 18TH PLACE VB LLC 50.00 323100 2/20/2015 BARBARA JONES 50.00 323101 2/20/2015 873 EVERNIA STREET LLC 48.95 323102 2/20/2015 MAURICE BASTIDAS 50.00 323103 2/20/2015 MICHAEL CRAIG 39.42 323104 2/20/2015 CECILE BOGINO 149.59 323105 2/20/2015 JAMES H VAN ALLEN 26.42 323106 2/20/2015 JACK & JUDITH MELANSON 37.94 323107 2/20/2015 ANFIELD CONSULTING GROUP INC 10,000.00 323108 2/20/2015 NANCY VAN DE STEEG 100.00 323109 2/20/2015 JOSE ROMERO 100.00 Grand Total: 2,950,820.37 18 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1005857 2/13/2015 ARAMARK UNIFORM & CAREER APPAREL LLC 1,440.07 1005858 2/17/2015 EVERGLADES FARM EQUIPMENT CO INC 200.76 1005859 2/17/2015 COMMUNICATIONS INTERNATIONAL 331.35 1005860 2/17/2015 COLD AIR DISTRIBUTORS WAREHOUSE 333.90 1005861 2/17/2015 SUB AQUATICS INC 123.80 1005862 2/17/2015 AMERICAN CONCRETE INDUSTRIES INC 665.00 1005863 2/17/2015 DAVIDSON TITLES INC 529.97 1005864 2/17/2015 DAVES SPORTING GOODS & TROPHIES 44.00 1005865 2/17/2015 CENTER POINT INC 566.19 1005866 2/17/2015 ABCO GARAGE DOOR CO INC 1,119.29 1005867 2/17/2015 ALLIED UNIVERSAL CORP 5,354.67 1005868 2/17/2015 GROVE WELDERS INC 1,042.37 1005869 2/17/2015 FIRST HOSPITAL LABORATORIES INC 78.00 1005870 2/17/2015 CENGAGE LEARNING CORPORATION 834.97 1005871 2/17/2015 COMMUNITY ASPHALT CORP 1,433.06 1005872 2/17/2015 FERGUSON ENTERPRISES INC 2,604.39 1005873 2/17/2015 COMO OIL COMPANY OF FLORIDA 216.67 1005874 2/17/2015 COMPLETE ELECTRIC INC 396.84 1005875 2/17/2015 COPYTRONICS INC 2,469.11 1005876 2/17/2015 CAPITAL OFFICE PRODUCTS 846.04 1005877 2/17/2015 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 150.91 1005878 2/17/2015 AUTO PARTNERS LLC 674.21 1005879 2/17/2015 EASY PICKER GOLF PRODUCTS INC 94.86 1005880 2/17/2015 PARKS RENTAL & SALES INC 1,088.81 1005881 2/17/2015 COPYCO INC 16.47 1005882 2/17/2015 NORTH SOUTH SUPPLY INC 328.47 1005883 2/17/2015 INDIAN RIVER BATTERY 342.00 1005884 2/17/2015 INDIAN RIVER OXYGEN INC 3.34 1005885 2/17/2015 IRRIGATION CONSULTANTS UNLIMITED INC 60.11 1005886 2/17/2015 SOUTHERN COMPUTER WAREHOUSE 190.25 1005887 2/17/2015 TOTAL TRUCK PARTS INC 514.08 1005888 2/17/2015 SCRIPPS TREASURE COAST PUBLISHING LLC 714.84 1005889 2/17/2015 MIDWEST MOTOR SUPPLY CO 385.00 1005890 2/17/2015 CAPITAL OFFICE PRODUCTS 1,108.90 1005891 2/17/2015 HARCROS CHEMICALS, INC. 14,831.40 1005892 2/17/2015 METRO FIRE PROTECTION SERVICES INC 458.70 1005893 2/17/2015 S & S AUTO PARTS 385.07 1005894 2/17/2015 HYDRA SERVICE (S) INC 15,658.00 1005895 2/17/2015 PACE ANALYTICAL SERVICES INC 7,023.70 1005896 2/17/2015 IMAGENET CONSULTING LLC 160.00 1005897 2/18/2015 OFFICE DEPOT BSD CUSTOMER SVC 883.33 1005898 2/18/2015 EVERGLADES FARM EQUIPMENT CO INC 542.35 1005899 2/18/2015 PARKS RENTAL & SALES INC 73.00 1005900 2/18/2015 PRAXAIR DISTRIBUTION SOUTHEAST LLC 81.48 1005901 2/18/2015 COMMUNICATIONS INTERNATIONAL 340.00 1005902 2/18/2015 MIKES GARAGE & WRECKER SERVICE INC 310.00 1005903 2/18/2015 RELIABLE SEPTIC AND SERVICE 175.00 1005904 2/18/2015 ABCO GARAGE DOOR CO INC 1,263.00 1005905 2/18/2015 SOUTHERN COMPUTER WAREHOUSE 194.71 1005906 2/18/2015 COMMUNITY ASPHALT CORP 263.50 1005907 2/18/2015 SCRIPPS TREASURE COAST PUBLISHING LLC 5,527.86 1005908 2/18/2015 RECHTIEN INTERNATIONAL TRUCKS 749.81 1005909 2/18/2015 SOUTHERN JANITOR SUPPLY INC 2,038.94 1005910 2/18/2015 CAPITAL OFFICE PRODUCTS 39.07 1005911 2/18/2015 METRO FIRE PROTECTION SERVICES INC 345.95 1005912 2/18/2015 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 20.70 1005913 2/18/2015 AUTO PARTNERS LLC 321.72 1005914 2/18/2015 FOXCROFT EQUIPMENT AND SERVICE COMPANT LLC 3,126.92 19 TRANS. NBR DATE VENDOR AMOUNT 1005915 2/18/2015 S & S AUTO PARTS 42.14 1005916 2/18/2015 STAT MEDICAL DISPOSAL INC 440.00 1005917 2/19/2015 EVERGLADES FARM EQUIPMENT CO INC 392.12 1005918 2/19/2015 PRAXAIR DISTRIBUTION SOUTHEAST LLC 325.20 1005919 2/19/2015 COMMUNICATIONS INTERNATIONAL 76.50 1005920 2/19/2015 COPYCOINC 27.68 1005921 2/19/2015 HENRY SCHEIN INC 12,396.14 1005922 2/19/2015 INDIAN RIVER BATTERY 252.00 1005923 2/19/2015 DEMCO INC 233.55 1005924 2/19/2015 DAVIDSON TITLES INC 647.99 1005925 2/19/2015 MIKES GARAGE & WRECKER SERVICE INC 880.00 1005926 2/19/2015 RECORDED BOOKS LLC 34.75 1005927 2/19/2015 CAPITAL OFFICE PRODUCTS 265.31 1005928 2/19/2015 STAT MEDICAL DISPOSAL INC 190.00 1005929 2/19/2015 RADWELL INTERNATIONAL INC 59.74 1005930 2/19/2015 PACE ANALYTICAL SERVICES INC 391.40 1005931 2/20/2015 AT&T 10,906.87 1005932 2/20/2015 OFFICE DEPOT BSD CUSTOMER SVC 706.92 1005933 2/20/2015 WASTE MANAGEMENT INC 79,699.94 1005934 2/20/2015 AT&T 620.21 1005935 2/20/2015 OFFICE DEPOT BSD CUSTOMER SVC 1,032.35 1005936 2/20/2015 EVERGLADES FARM EQUIPMENT CO INC 123.26 1005937 2/20/2015 HELENA CHEMICAL 993.40 1005938 2/20/2015 MEEKS PLUMBING INC 167.75 1005939 2/20/2015 GROVE WELDERS INC 973.38 1005940 2/20/2015 SOUTHERN COMPUTER WAREHOUSE 83.60 1005941 2/20/2015 ECONOLITE CONTROL PRODUCTS INC 1,048.00 1005942 2/20/2015 SOUTHERN JANITOR SUPPLY INC 402.74 1005943 2/20/2015 AUTO PARTNERS LLC 59.66 1005944 2/20/2015 S & S AUTO PARTS 15.49 1005945 2/20/2015 IMAGENET CONSULTING LLC 87.00 Grand Total: 194,692.00 20 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 3427 2/12/2015 KAHANE & ASSOCIATES P A 10,000.00 3428 2/13/2015 SCHOOL DISTRICT OF I R COUNTY 142,236.00 3429 2/13/2015 INDIAN RIVER COUNTY SHERIFF 2,413.81 3430 2/13/2015 FLORIDA LEAGUE OF CITIES, INC 5,619.87 3431 2/13/2015 ICMA RETIREMENT CORPORATION 2,160.42 3432 2/13/2015 ICMA RETIREMENT CORPORATION 9,906.70 3433 2/13/2015 NACO/SOUTHEAST 21,488.33 3434 2/13/2015 IRC FIRE FIGHTERS ASSOC 5,880.00 3435 2/13/2015 NACO/SOUTHEAST 474.07 3436 2/13/2015 VEROTOWN LLC 11,246.59 3437 2/13/2015 FL SDU 6,712.94 3438 2/17/2015 IRS -PAYROLL TAXES 362,963.98 3439 2/17/2015 VEROTOWN LLC 7,387.48 3440 2/19/2015 BENEFITS WORKSHOP 16,132.20 3441 2/19/2015 1 R C HEALTH INSURANCE - TRUST 446,217.54 Grand Total: 1,050,839.93 21 March 3, 2015 CONSENT ?L1, INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: February 23, 2015 SUBJECT: Applications for Board of County Commission Appointee to the Vero Lake Estates Municipal Service Taxing Unit (VLE MSTU) Advisory Committee FROM: Misty L. Pursel Commissioner Assistant Notice of vacancies (2) for Board of County Commission Appointee to the VLE MSTU Advisory Committee was made on February 10, 2015. The following is a current list of committee applications received to date and are on file in the Commission Office: William Davies Fernando Ojeda I would appreciate the Board's review and possible nomination of both applicants to fill the Board of County Commission Appointee positions. Attachment FABCMAgenda Items\20150avis\Davis - Consent - VLE MSTU.doc 22 CONSENT Indian River County Inter -Office Memorandum Office of Management and Budget To: Members of the Board of County Commissioners Date: February 25, 2015 Subject: Children's Services Funding Allocation for Fiscal e ' 2015/2016 From: Jason E. Brown - Director, Management & Budget Description and Conditions Each year, the Board of County Commissioners approves a funding allocation for Children's Services. This amount is then allocated to the applicants based upon recommendations of the Children's Services Advisory Committee. The County has allocated the same funding amount ($623,890) for the last three years due to limitations on revenues during the economic downturn. Prior to the downturn, the County historically changed the funding allocation based upon the previous fiscal year's taxroll change. Last year, the taxable value for the County increased by 4.5% from the prior year. A 4.5% increase in the funding allocation would bring total funding to $651,900, or $28,010 more than the current level. Staff is requesting that the Board set a funding allocation for Children's Services for FY 2015/16 at this time. Alternatives Alternative 1 — Approve funding for fiscal year 2015/2016 in the amount of $623,890, which is the same amount as approved for the current fiscal year 2014/2015. Alternative 2 — Approve funding in the amount of $651,965, which is an increase of 4.5% from the previous fiscal year. Staff anticipates a moderate increase in the taxroll for next fiscal year. Staff also anticipates several other funding requests increases due to deferred capital purchases and continued constrained funding levels for various agencies. It is anticipated that these requests will continue to strain the County's resources even with the benefit of a rising taxroll. In light of continued funding constraints, staff recommends that the Board approve funding at the same level as the current year to aid in the goal of avoiding a tax increase for fiscal year 2015/16. Recommendation Staff recommends that the Board of Commissioners approve Alternative 1. This alternative would provide funding for Children's Services agencies at the current fiscal year allocation of $623,890 for fiscal year 2015/2016. Attachment Children's Services Funding History APPROVED AGENDA ITEM: BY: Ni J - seph A. Baird County Administrator FOR: March 3, 2015 Indian River County Apprpved Date Administrator 6 County Attorney Z) , Budget Z5 !cj Department Risk Management 23 Children's Services Advisory Committee Funding History FY 1997/98 through FY 2014/15 Total Approved Fiscal Year Funding Increase 1997/1998 $81,370 1998/1999 $293,835 261.1% 1999/2000 $414,072 40.9% 2000/2001 $750,000 81.1% 2001/2002 $900,000 20.0% 2002/2003 $900,000 0.0% 2003/2004 $1,147,750 27.5% 2004/2005 $1,223,000 6.6% 2005/2006 $1,173,000 -4.1 2006/2007 $1,208,100 3.0% 2007/2008 $1,100,000 -8.9% 2008/2009 $882,700 -19.8% 2009/2010 $768,100 -13.0% 2010/2011 $691,290 -10.0% 2011/2012 $656,726 -5.0% 2012/2013 $623,890 -5.0% 2013/2014 $623,890 0.0% 2014/2015 $623,890 0.0% c 0 Children's Services Funding History $1.4 $1.2 $1.0 $0.8 $0.6 $0.4 $0.2 $0.0 ($0 2) ti ti ti � ti tio tiotio 01 ^\oo� o �\ooae�\ o� 01 �\ o� o �\^o'o^1o1�\� Fiscal Year udget\2013-2014 Budget\funding history 97-98 through 14-15 2/13/2015 24 H CId t -1-10 o,00 �P -G r I- e- V -y? Indian River County Middle School �33zo IS Lifetime Use Middle School - 2010 vs 2014 Alcohol Cigarettes Marijuana Prescription u 2010 * 2014 Past -30 -Day Use Middle School - 2010 vs 2014 21.2 6.6 7.6 5.4 1.9 1.1 Alcohol Cigarettes Marijuana Prescription 82010 Li 2014 Source: 2010 Florida Youth Substance Abuse Survey - Indian River County Report 2014 Florida Youth Substance Abuse Survey - Indian River County Report ay- Indian River County High School Lifetime Use High School - 2010 vs 2014 69.3 59.0 40.1 38.9 Alcohol Cigarettes Marijuana Prescription *2010 * 2014 Past -30 -Day Use High School - 2010 vs 2014 ........... ... .... .. 20.6 19.8 Alcohol Cigarettes Marijuana Prescription * 2010 * 2014 Source: 2010 Florida Youth Substance Abuse Survey - Indian River County Report 2014 Florida Youth Substance Abuse Survey - Indian River County Report -2 Indian River County Middle and High School Blended Use Rate Lifetime Blended Use Rate - 2010 vs 2014 23.3 Alcohol Cigarettes Marijuana Prescription * 2010 * 2014 Past -30 -Day Blended Use Rate 2010 vs 2014 ------42,8 -- --- - -,- 1-1 1,.,-- - I ._-._ - - - - .-., --,- — - -- -- -- i Alcohol 15.2 13.7 6.2 Cigarettes Marijuana Prescription * 2010 * 2014 Source: 2010 Florida Youth Substance Abuse Survey - Indian River County Report 2014 Florida Youth Substance Abuse Survey - Indian River County Report 2V-3 Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Jason E. Brown Director, Office of Managemen & Bu get Date: February 20, 2015 Subject: Fourth of July Fireworks Funding Miscellaneous Budget Amendment 008 Background Information Consent Agenda F E For several years, Indian River County has provided assistance in funding Fourth of July fireworks displays in Vero Beach and Sebastian. The Lions Club of Sebastian has again requested assistance in funding their celebration this year. For many years, the County has contributed $2,500 each to Sebastian and the City of Vero Beach, after each of the cities appropriated and paid an equal amount up to $2,500. Funding Funding in the amount of $5,000 will be provided from MSTU/Reserve for Contingency. Staff Recommendation Staff recommends that the Board of Commissioners approve funding the fireworks displays for the Cities of Sebastian and Vero Beach in the amount of $2,500 each. Staff also recommends that each of the cities (Vero Beach and Sebastian) appropriate and pay an equal amount up to $2,500 and the County will match that amount, up to $2,500 each, after the City of Vero Beach and Sebastian pay their share. Staff recommends the Board of Commissioners approve the attached Budget Amendment 008 and resolution amending the fiscal year 2014/2015 budget. Attachments Letter from Lions Club of Sebastian Letter from City of Vero Beach Budget Resolution APPROVED AGENDA ITEM: BY:of--)-Z-� 0 �IZJ (Aoa'd Joseph A. Baird County Administrator FOR: March 3. 2015 Indian River County Approved Date Administrator P(-, Legal Budget Z Department Risk Management 25 Lions Club of Sebastian, Inc. 000 do Norman I. Meyer, MD 107 Wood Stork Way • Sebastian, FL. 32958 Phone 772-581-0526 0 Fax 772-571-6084 February 2, 2015 Office of Management & Budget Indian River County 1801 27th Street Vero Beach, FL. 32960-3388 Attn: Jason Brown, Indian River County Budget Director Dear County Commissioners, I am writing on behalf of the 4th of July Celebration Committee of the Lions Club of Sebastian. As in the past, Indian River County has made a twenty five hundred dollar ($2500.00) donation towards the fireworks display, I am hopeful we will be able to continue to receive this support from you. The City and County in the past has boasted of the quality family celebration, and we hope to continue with your support. Last year, you requested to be notified early for planning purposes. If you desire a copy of the City's check, let me know. I will present a copy when received from the city. If you have any questions or concerns, please feel free to call me. Thank you in advance for your support. Sincerely, Norman Meyer, MD Event Chairman home: 772-581-0526 cell: 772-538-7658 email: nm2101@vahoo.com FEB 6 5 2015 26 City of Vera Beach 1053 20th Place - P.O. 13ox 1389 Vero Beach, f= t. 32061 - 1389 1>1:F)CE 0FT)11: Plxme: ( 7 7 2 ) 978-47101 rax: 17'7 2) 9,f8-4716 CITY MANACER I:' nriii: ci4ymgr�i� crwh.,rf www.rorb.or� Mr. Joseph Baird County Administrator Indian River County 1801 27th Street Vero Beach, Florida 32960 RE: July 4th Fireworks Display Dear Mr. Baird: Indian River County fLB242015 February 20, 2015 office of the county Administrator This letter is to request that Indian River County consider, as they have in the past, a $2,500.00 matching sponsorship donation towards this year's fireworks display in Riverside Park. This annual event has been very successful, due in part to the County's support. If you have any questions or require additional information, please feel free to contact me. Sincerely, James R. O'Connor City Manager JROC:jav xc: Rob Slezak, Recreation Director 27 RESOLUTION NO. 2015- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2014-2015 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2014-2015 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2014-2015 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2014-2015 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Wesley S. Davis Vice Chairman Bob Solari Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Tim Zorc The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2015. Attest: Jeffrey R. Smith Clerk of Court and Comptroller Deputy Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners Wesley S. Davis, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY COUNTY ATTORNEY 04:3 Resolution Nc Budget Office Exhibit "A" Budget Amendment: 008 Entry Number Fund/ Department/Account Name Account Number Increase Decrease 1. Expenses Municipal Service Taxing Unit / Recreation / Special Events 00410872-041110 $5,000 $0 Municipal Service Taxing Unit / Reserve for Contingencies 00419981-099910 $0 $5,000 29 ConsentAgenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of my Commissioners From: Jason E. Brown Director, Office of Manag en & Budget Date: February 24, 2015 Subject: Miscellaneous Budget Amendment 009 Description and Conditions The attached budget amendment appropriates funding necessary for the following: 1. On February 17, 2015 the Board of County Commissioners approved the Sheriff's request for $132,109 for repairs to the Indian River County Jail. The attached entry appropriates funding in the amount of $116,629 from Optional Sales Tax/Cash Forward and $15,480 from General Fund/Reserve for Contingency. 2. On February 17, 2015, the Board of County Commissioners approved funding in the amount of $20,875 for the demolition and removal of unsafe structures on five residential sites. The attached entry appropriates funding from the MSTU Fund/Cash Forward -Oct 1st 3. On February 17, 2015, the Board of County Commissioners approved for the current fiscal year funding in the amount of $500,000 for legal services pertaining to All -Aboard Florida. The attached entry appropriates funding from General Fund/Cash Forward -Oct 1St 4. On February 17, 2015, the Board of County Commissioners approved funding in the amount of $50,000 for replacement seating at Holman's Stadium. The attached entry appropriates funding from Tourist Tax/Cash Forward -Oct 1St 5. Funding for several projects, including surveying services and building demolitions need to be "rolled over" to the current Fiscal Year. The attached entry appropriates the funding. 6. Attorney fees have exceeded the budget amounts in Human Resources. The attached entry appropriates funding in the amount of $70,000 from General Fund/Reserve for Contingency. 7. On February 17, 2015, the Board of County Commissioners approved Barth Construction Work Order # 4 for construction of Fire Station #13. Additionally, repairs are to be made to Stations # 6, #10 and #11. The attached entry appropriates $1,667,327 from Emergency Services/Cash Forward -Oct 1St 30 Board of County Commissioners February 24, 2015 Page 2 of 2 8. On December 16, 2014, the Board of County Commissioners approved Part I Agreement with Barth Construction in the amount of $145,650 for the construction of Fire Rescue Station #14. The attached entry appropriates funding in the amount of $25,650 from Fire impact Fees/Cash Forward in addition to the $120,000 already budgeted for this project. 9. Fire Rescue is replacing a vehicle that was damaged in an accident. The attached entry appropriates the insurance proceeds of $3,097 and Fire Rescue/Cash Forward of $21,656 to purchase a vehicle. 10. An interfund transfer is needed to reimburse the Impact Fee Fund for expenditures associated with the Oslo Boat Ramp. The attached entry appropriates the funding from the Florida Boating Improvement Fund. 11. On February 17, 2015 the Board of County Commissioners approved the purchase of an ALS Engine and an Ambulance to be used at Fire Station 13. The attached entry appropriates funding in the amount of $918,500 from Emergency Services District Fund Balance. 12. The Community Transportation Coordinator is in receipt of various grants including the FDOT Service Development Grant for $610,317, Express Corridor Grant for $192,186, Transit State Block Grant for $457,662 and the 5307 Grant for $967,175. The attached entry appropriates the grant funds. Staff Recommendation Staff recommends that the Board of Commissioners approve the attached budget resolution amending the fiscal year 2014/2015 budget. Attachments Budget Amendment 009 and Resolution APPROVED AGENDA ITE BY: O/ Det! Joseph.A. Baird County Administrator FOR: March 3, 2015 Indian River County Approved Date Administrator Legal] Budget /5 Department Risk Management 31 RESOLUTION NO. 2015- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2014-2015 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2014-2015 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2014-2015 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2014-2015 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Wesley S. Davis Vice Chairman Bob Solari Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Tim Zorc The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2015. Attest: Jeffrey R. Smith Clerk of Court and Comptroller Deputy Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners Wesley S. Davis, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY COUNTY ATTORNEY 32 (�Ex ibit "A" Resolution No. 2015- 1� Budget Office Approval: Budget Amendment: 009 Jason E. Brown Budg it Director Entry Number Fund/ Departmen A c &t Name Account Number Increase Decrease 1. Revenue Optional Sales Tax/Cash Forward -Oct 1st 001038-366095 $116,629 $0 Expense Optional Sales Tax/Sheriff-Detention Center 31560086-199140 $116,629 $0 General Fund/Sheriff-Detention Center 00160086-099140 $15,480 $0 General Fund/Reserves/Reserve for Contingency 00119981-099910 $0 $15,480 2. Revenue MSTU Fund/Cash Forward -Oct 1st 004039-366095 $20,875 $0 Expense MSTU Fund/Road & Bridge/Other Contractual Services 00421441-033490 $20,875 $0 3. Revenue General Fund/Cash Forward -Oct 1 st 001039-389040 $500,000 $0 Expense General Fund/County Attorney/Legal Services 00110214-03311 $500,000 $0 4. Revenue Tourist Tax/Cash Forward -Oct 1 st 119039-389040 $50,000 $0 Expense Tourist Tax/Historic Dodgertown/Maintenance-Other Equipment 11916275-034690 $50,000 $0 5. Revenue Secondary Roads/Cash Forward -Oct 1st 109039-389040 $480,751 $0 MSTU/Cash Forward -Oct 1st 004039-389040 $32,362 $0 Expense Secondary Roads/Annual Survey Services 10921441-033490-05007 $100,000 $0 Secondary Roads/Other Contractual Services/Township/Section Horizontal Control 10921441-033490-05008 $26,372 $0 Secondary Roads/Other Contractual ServlCeS/NGVD/NAVD88 Vertical Control 10921441-033490-05009 $4,379 $0 Secondary Roads/Other Contractual Services-R/W Mapping 10921441-033490 $350,000 $0 M Resolution No. 2015- ibit "A" Budget Office Approval: - Budget Amendment: 009 Jason E.'Bro, Bud et Director Entry Number Fund/ Departme/Account Name Account Number Increase Decrease MSTU/Road & Bridge/Other Contractual Services 00421441-033490 $32,362 $0 6. Expense General Fund/Human Resources/Legal Services 00120313-033110 $70,000 $0 General Fund/Reserves/Reserve for Contingency 00119981-099910 $0 $70,000 7. Revenue Emergency Services District/Cash Forward -Oct 1st 114039-389040 $1,667,327 $0 Expense Emergency Services District/Fire Rescue/Fire Station #13 Construction 11412022-066510-08006 $1,573,047 $0 Emergency Services District/Fire Rescue/ Maintenance- Buildings 11412022-034610 $94,280 $0 8. Revenue Impact Fees/Cash Forward -Oct 1st 103039-389040 $25,650 $0 Expense Impact Fees/Fire Rescue/Fire Station #14 Construction 10312022-066510-15015 $25,650 $0 9. Revenue Emergency Services/Misc Revenue/Reimbursments 114038-369940 $3,097 $0 Emergency Services/Cash Forward -Oct 1 st 1140339-389040 $21,656 $0 Expense Emergency Services/Fire Rescue/Automotive 11412022-066420 $24,753 $0 10. Revenue Impact Fees/Fund Transfer In 103039-381020 $57,076 $0 Florida Boating Improvement Fund/Cash Forward -Oct 1st 133039-389040 $57,076 $0 Expense Florida Boating Improvements/Transfer Out 13321072-099210 $57,076 $0 Impact Fees/Cash Forward -Sept 30 10319981-099920 $57,076 $0 34 ibit "A" Resolution No. 2015- I Budget Office Approval: Budget Amendment: 009 Jason E. Brown1Bud't Director Entry Number Fund/ Departmen Account Name Account Number Increase Decrease 11. Revenue Emergency Services/Cash Forward -Oct 1st 1140339-389040 $918,500 $0 Expense Emergency Services/Fire Rescue/Automotive 11412022-066420 $918,500 $0 12. Revenue General Fund/FDOT Service Development Grant 001033-334420 $278,317 $0 General Fund/Express Corridor Grant 001033-334407 $158,186 $0 General Fund/Transit State Block Grant 001033-334450 $81,850 $0 General Fund/FTA-Section 5307 SR Resource Association 001033-331410 $967,175 $0 Expense General Fund/Agencies/Comm unity Transportation Coordinator 0011041-088230-54001 $518,353 $0 General Fund/Agencies/Comm unity Transportation Coordinator/Other Machinery & Equipment 0011041-066490-54001 $967,175 $0 35 TV 7. rJ >� INDIAN RIVER COUNTY FLORIDA DEPARTMENT OF UTILITY SERVICES Date: February 16, 2015 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services 66) Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager Ao Gordon Sparks, P.E., Environmental Engineer Subject: Approval of Work Authorization No. 2015-001 to Replace Water Main and Water Services in Vista Royale—UCP #4113 DESCRIPTIONS AND CONDITIONS: Over the past five years the Department of Utilities Services (IRCDUS) has been called to Vista Royale for emergency repairs to various water mains and water services. The area with the most breaks has been concentrated west of Vista Palm Lane and includes Buildings 10, 12, 14 and 15. Operations personnel has recommended replacing these mains and services in order to minimize further interruption of service to our customers in this area. ANALYSIS: Staff decided the most efficient and timely method to replace these lines was to utilize one of the two IRCDUS Labor Contractors, Blue Goose Construction or Melvin Bush Construction. A list of the anticipated labor and materials quantities was prepared and bid prices from each of the two contractors was used to calculate the labor expense. The total material costs estimate for both is $15,211.33. The total labor cost estimate for Blue Goose Construction is $71,129.18 (See Attachment 1) and the total labor cost estimate for Melvin Bush Construction is $73,034.58 (See Attachment 2). The total project cost estimate using Blue Goose Construction is therefore $86,340.51. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve retaining Blue Goose Construction to replace the lines identified above in Vista Royale for the amount of $71,129.18 and also requests that the Board of County Commissioners approve Work Authorization No. 2015-001(See Attachment 3). 36 FUNDING: Funding for this project is derived from the R&R budget in the Operating fund. The Operating fund budget is derived from water and sewer sales. ACCOUNT NAME ACCOUNT NUMBER AMOUNT Vista Royale Line Replacement 47123536-044699-15514 $86,340.51 ATTACHMENT(s): 1. Cost Estimate — Blue Goose Construction 2. Cost Estimate — Melvin Bush Construction 3. Work Authorization No. 2015-001 By: R AGENDA: Josep fi A. Baird, County Administrator Date Indian River Co. Appr,gy,ed Date Administration Legal Budget Utilities Z i Utilities -Finance F:\Utilities\UTILITY - Engineering\Projects - Utility Construction Permits\IRC - Vista Royal 3 -inch Galvanized Water Main Replacement UCP 4113\Agenda to Approve Work Anthorization 2-16-15 v2.doc 37 38 o L O 3.0 ' Q e o F' ��-- q' � y b�: x t e i == • C 7.F �• YA ti i° n r Q tl0 • t Oe < F m $ N w A r c cc,r'-it - ' 3 N G 6 N A C u ° s r O y o en Ce v Q E 3 g s ,n q>s m�rn ?29 n S 3 3 °y 3 I a z Hoo 3 = n n a �M� 3 v o y O 3 = - - "�oeeee;seeau s s � o to za r m vc3 X88888"68888 H' °b' N e 'W y{ 1,a. Op OU x �o N y 3 38 39 � JP • � C V P Y ° 2 C• Z6 0 3 e� e i� o t n �i —� E � L—' t c �k � � s E� • AM Am w R „{ • � c 3 s S f n 3 > e. ► � • �A y � A m > O _ g b h• Ha a n y w n N�_ a °e. _ 3° 3 3� N m° ° Y M g F m P r ° < Z{• 6 6 C) DA zy 3 -i m 3 r e e e e$ Q o e Lei g 8 0 o � t to +l P +l 3 C 2 Z Z Z Z Y e r e C S � N 3 b b b+e � A -] > to y M �ky� `,ebe' 8 8 0 € r 8 S �. 3 �p f. p$ 39 WORK AUTHORIZATION D REXTIVE No, 2015-001 IRC -- REPLACE 3" GALVANIZED WATER MAIN AND 2" GALVANIZED WATER SERVICES IN VISTA ROYAL BLUE GOOSE CONSTRUCTION DATE OF ISSUANCE., March 2015 EFFECTIVE HATE, April 2015 OWNER: Via. t tw_Cr�un CONTRACTOR I- —B ug �isgosN C o! C"ONTRAC T.,A`t'!�# .SEWS-I� A�� R1 �L�IT�I wA,'1I � � 1 11��I,A+�'_ , 4 1' / FXV'k N*IQN-,5 ! ?. ,LAhI> C U_S. [.11I )_1 .CV 2NT - AC`L 3II NOLO 5 VkAMI�ED Se. I'Ri7JT?C I nstt � t 1X10 ' c+f "and " HO E Vir, BQs to COUNTY UTILITY PROJPCT NO.: UCP #41.� CONTRACTOR'S PROJECT NO,, 1/ COUNTY wIP. No, =047=.Jx5_L4 . . You are directed to or al vmnpl:1y with tho following work' Description; Rapt_ !ug the Corroded 3" galvanized water main and corroded 2" water services for building pada 10, 12,14# 15 and 10 west of Vitsta palm Lang, Attachments; (List doom -mets supporting work) Method of determining Contract Price,, E Unit Prices; Old Itgnm os estnbllshed pursuant to tfid No, 2015001, and awarded by the Board of County Commissionors on 5cptgmbyr 9, 2014 to Sluu Cloogg Construction, Inc: 0 Lump Sum I Cost of the Work The Cost of Labor, CondnW.cy and Contract'Time is summarized below; Estimated Labor Cost (rouradud) = $71,12998 Pothoamd Contract'Thne: 00 days Emimated Labor Cost (founded) $71,129.18 ACC Hy: t 1 0 t~ nstrua tioai Labor Contractor -� lea` IMC, - L_....L.. _.. _.,._.._ ... 1 CC�yMMEIly 1�1�f�1; Clordon E: par'1ta, : „ F?nvir'oltttlgntal 1✓n�i ger Al PROVpU; By _ COUNTY, CHAIRMAN Wesley S, Davie Oats; Attachment 3 Cs�Us��ta�il�AlttAfry,+l#��l��.l.Et.:.atdltler�rR`fWltt�iwa�tFtiipar:t±'� ltnsrzicti l tk�,C`cmtettl,f#t_tllt+vl�fFal3L"la�Y"Q��# � werl< At.tihnlr..tetla+n �+�r �0! 4-f�111 lstf� 40 INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: February 13, 2015 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services ($ Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager AW Subject: Release of Retainage to Florida Design Drilling Corporation, for South County RO Facility Storage & Piping Tank Modifications —Bid No.: 2014031 DESCRIPTIONS AND CONDITIONS: On May 6th, 2014, the Board of County Commissioners (BCC) awarded Bid No. 2014031 in the amount of $142,765.00 to Florida Design Drilling Corporation. The bid award was to construct an interconnecting operating system project between the South and North RO plants. ANALYSIS: Florida Design Drilling Corporation has completed the interconnecting project satisfactorily, on time and under budget and is requesting a final release of retainage. To date, Florida Design Drilling Corporation has been paid $127,986.94. Payment in the amount of $6,736.16 as release of retainage will complete the County's obligation to the contractor. The project came in $8,041.90 under budget. FUNDING: Funds for this project are derived from the Renewal and Replacement (R&R) budget in the operating fund. Operating funds are generated from water and sewer sales. Description Account Number Amount Retainage -Florida Design Drilling Corp. 471-206000-13507 $6,736.16 41 RECOMMENDATION: Staff recommends the BCC approve Final Pay to Florida Design Drilling Corporation, in the amount of $6,736.16. ATTACHMENT(s): Application from Florida Design Drilling Corporation for Payment No. 6 -Final Retention APPROVED FOR AGENDA: By: Joseph(A. Baird, County Administrator Date Indian River Co. Approved Date Administration Legal Budget Utilities 2 Utilities -Finance IA1L Z—(fr.{ F:\Utilities\UTILITY - Engineering\WATER\WTP - South RO\S. RO Storage Tank Interconnect -UCP 4112\Admin\Agenda - Final Pay Florida Design Dril.docx EIPa W a a H 04 O o U0 O UO A LL O w z O w �zz W O u Oa Q� U Np dl U a Cc L� i7- 0 H U 00 �Hvn Pr M O 0 N t17 ca cl1 ,-4 P -t' rn III LL - >. .o a z M b ,a,1.)�3 � ao d H O q�o.8 O� OD N PwQi O a ni -0 m �aY C I W Z t17 ca cl1 ,-4 P -t' rn III LL - >. .o b O M ,a,1.)�3 � ao UOOAW�_ q�o.8 PwQi O a ni -0 m �aY t I a G 3 •�' u 0 y U v Cd AoU Y m .6 N M M v1 e o U o A q 4� U 0 0 o>w U v O p v U a a u O a> Cd a O o �U o U U IO Ih Ih I dN' �MM 69 cH 69 Fn 0 O 0 N M b � ao UOOAW�_ q�o.8 PwQi U >, —W 4. ok5'fd O Qooec� W 00 I Z G 3 S' u 0 oz°OAS Cd .6 N M M v1 e 0 0 c U cd d C a o 80 Z W ;b N (L O N y LL W 2 V 8 3 Lz - v H c9 0� LLQa � � JU 14 0 1 ; o o1 • .0 s6 o O U Ao �� H v E� O d1 d O i O CA cl M N � cs 43 r O o 00 s Z G 3 S' 0 co �d e a o A q 4� U 0 0 v U a 4o b � •v y tl o U w _o " C M O o t U o 43 t=L Int 2t[�i G�ESlGl�1 b�l!_�iP tf3 FLORIDA DESIGN DRILLING' CORP. 7'133 Hooper Raid West Palm Beach, FL 33411 NO.: COST PROPO SAL 003 PROJECT NAME.: South CouMy Walor Troatmont Fod/ify Storage Tard( Info ronnact LOCATION: Voro Boad), FL DATE: janual 16, 2015 OWNI-R: _ _ Indian Riva Utdfflos Department _ DRAWING NO.: ENGINEER:— MeV Enrjinecrirry, bw. PPEC. SECTION. -- REFERENCE: TIME & MATERIAL: REQUEST FOR PRUPUSAL ErCRIPTION: Fifavl rM rt+:+lily t>nlerrdnq rhnntxr rrrdrx. X — ------ PRICING INFORMATION SKILLITRADE MAN-HOURS RATE 1. DIRECT LABOR 1.A GENCRAL LABOR: 1.0 FIELD ENGINEERING: 1.0 DAILY GENERAL WNDITIONS SUBTOTAL(l) OVERHEAD & PROFIT TOTAL (1) COST J — S $ $ --- 2. MATERIALS AND EQUIPMENT 2..A EQUIPMENT` 211 UAIFRIAL 2.0 DIRECT COSTS: I 3 6 22 26 DESCRIPTION WEEKS UNIT PRICE CDST MATERIAL UNITS NOF$21 Erosion conlrol 1 00 2 _ (2,OW.00)2 Furntsll and wisfeli 12'DIP ,11 (36) 0 $ (2.160.00) FernstrandMs1a112" f Oe e darn1dA 0 $ (250.00) Furnish and install 12"ducfao Mon 1 0 .$ 120.00 Sod 1317 $ 7243.30 ForcoAccom+f (1)10 Sy. 5 $ $ SUBTOTAL (2) 3 OVERHEAD & PROFIT — 3 SALES TAX $ TOTAL (2) $ 6,701.90) __ (6,701.90) 3. SUBCONTRACTORS DESCRIPTION OF WORK C08'f Gilmore Elrcfr c FRP RWM repass. $ 1,340.00) OVERHEAD & PROFIT Bonds & Insurance Permits _. �^ SUBTOTAL (3) $ S S— TOTAL (3) 1,340.00 _ — TOTAL (1)t(2)+(3) $ (8,041.90 $ $ GRA 'IOTA ;' ii ,041.90) By: By gr �. L.,L Engineef (A rf Sit)nalure) Ovmer (Authorized Signature) r F/ d 0^ Drilling Corp. 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Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Servicess* Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager AW Subject: Indian River Farms Water Control District Five -Year Lease Agreements Starting Calendar Year 2015 DESCRIPTIONS AND CONDITIONS: The Department of Utility Services is in receipt of the five-year Permits and Lease Agreements with the Indian River Farms Water Control District (IRFWCD). These Permits allow for the continued use of selected IRFWCD right-of-way for the purpose of operating, maintaining and inspecting County water, wastewater and reclaimed water lines. The Permits are for a five calendar year period commencing on January 1, 2015, and ending December 31, 2019. The total fee associated with these Agreements is $17,568.90. Pursuant to the existing and proposed Permit and Interlocal Agreements, "the annual fee may be subject to increase to reflect increases in costs to District of permitting the use of its rights of way, by others". The District has invoiced the County for the 2014 permit year and will invoice the County in December of each succeeding permit year. For details of each permit, please refer to the attached Indian River Farms List of Permits, and the associated Interlocal Agreements. Agreement No. 5 (IRC -5) which was part of the previous five calendar years is a fiber optic lease agreement that is no longer needed. The fiber optic services on the 24 -count fiber optic cable IRC -5 referenced in attached letter dated December 24, 2014 have been relocated to another fiber optic cable and the referenced direct -buried fiber optic cable has been abandoned by Indian River County Telecommunications Department. FUNDING: Funds for this project are derived from the Operating fund. Operating funds are generated from water and sewer sales. DESCRIPTION ACCOUNT NUMBER AMOUNT Right Of Way Payments 471-26936-034480 $17,568.90 46 A SUMMARY OF EACH LEASE EXPENSE IS PRESENTED BELOW: IRFWCD-Designation No. Lease Amount IRC -1 $387.75 IRC -2 $375.00 IRC -3 $3,016.50 IRC -4 $639.15 IRC -6 $5,745.00 IRC -7 $420.00 IRC -8 $4,312.50 IRC -9 $423.00 IRC -10 $2,250.00 Total (Utilities) $17,568.90 RECOMMENDATION: The staff of the Department of Utility Services recommends that the Board of County Commissioners approve to renew the Interlocal Agreements as presented, and authorize the Chairman to execute the same. ATTACHMENT(s): Letter to Indian River Farms Water Control District abandoning fiber optic cable (Agreement IRC - 5) 2. Indian River Farms Water Management District Permit and Interlocal Agreements NOs. IRC -1, 2, 3,4,6,7,8,9&10 APPROVED FOR AGENDA: By: Josep A. Baird, County Administrator For: _v ii-[�/ 3, Date Indian River Co. Appr vd Date Administration #1411 Legal Budget Z� Utilities 'fib �S Utilities -Finance �(hL � V-- Ifs F:\Utilities\UTILITY - Engineering\Projects - Utility Construction Permits\Indian River Farms Water Control District\BCC Agenda Items\Agenda - Indian River Farms Water Management District 5-Yearl-ease Agreement - December 22, 2014.docx 47 BOARD OF COUNTY COMMISSIONERS 180127th Street, Vero Beach, Florida 32960 Telephone: 772-567-8000 December 24, 2014 David Gunter Indian River Farms Water Control District 7305 41' Street Vero Beach, FL 32968 FAX: 772-778-9391 Subject: Interlocal Agreement - Lease for Utilities on Indian River Farms Water Control District Right of Way - Item "IRC -5" Mr. Gunter: Please be advised that Indian River County Telecommunications Division will no longer require the fiber optic cable crossing - right of way permit, along Aviation Boulevard, in Vero Beach. Regarding IRC -5 Item Description: 24 fiber-optic cable along N r/w line of Main Canal (1.73 mi.), the fiber optic cable along this route has been abandoned, and all Indian River County fiber services have been removed to an alternate fiber path. Indian River County Utilities Department will continue to require the right of way permits for their Utility services, Items "IRC -1" through "IRC -4" and "IRC -6" through "TRC -10". They will contact you directly in reference to renewal of their right of way crossing permit requests. Please advise if you have any questions or comments in reference to this matter. Best Regards, Manny Cabo Telecommunications Manager Indian River County Business: 772-226-1000 Office: 772-226-1318 Cell #: 772-532-2381 mcabo@ircgov.com C:1Userslmcabo.ADMIN1AppData\Loca[Wicrosoft\Window$\Temporary Internet Files\Content.Outlook\SVLDOVENRFWCD Aviation Blvd Fiber agreement termination hr 12-24-14.doc 48 1 PERMIT AND INTERLOCAL AGREEMENT (No. IRC -1) THIS PERMIT and INTERLOCAL AGREEMENT, dated this day of ,2015 by and between INDIAN RIVER FARMS WATER CONTROL DISTRICT, a drainage district organized and existing under the General Drainage Laws of the State of Florida, whose address is 7305 4 1 Street, Vero Beach, Florida, hereinafter referred to as the "District", and the INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "Permittee". NOW, THEREFORE, the District does hereby grant unto the Permittee a permit for a period of sixty (60) months from January 1, 2015, unless sooner terminated as hereinafter provided, to construct, maintain, inspect, operate and repair a 24" diameter sanitary sewer force main on, over and across District right-of-way crossing the Lateral "D" Canal at the Southeast corner of the Indian River County West Regional Wastewater Treatment Plant site, and then running East along South side of Lateral "D" right-of-way for 1,365 lineal feet (0.2585 miles) to the East side of 82nd Avenue at the locations and in accordance with the plans and specifications attached hereto and marked "Exhibit A" and signed by the parties and, by reference, made apart hereof, together with the right of ingress and egress on and over the property at said locations; provided, however, that as a condition precedent to the rights herein granted, Permittee agrees to and with the District as follows: 1. That the construction and installation of force main shall be in exact conformity with the plans prepared by Masteller & Moler Associates, Inc., marked "Exhibit A". 2. The rights shall extend only for force main used exclusively by Indian River County (unless otherwise agreed to by District) and belonging to the Permittee and the Permittee shall not have any right to assign or sublet this Permit or any part thereof unto a third party. 3. Permittee assumes full responsibility for the installation, operation and maintenance of said force main and shall expressly assume all risk of loss to or in connection with the same, including without limitation, any expense, loss, damage or claim from any cause whatsoever, and the District assumes and shall have no 49 liability or responsibility in connection therewith. The parties having expressly negotiated to allocate all risk and expense in connection therewith to Permittee. 4. That this Permit is subject always to the paramount right of the District to keep and maintain its drainage district functions and operations, and is subject to revocation and cancellation upon sixty days' notice from District to the Permittee. 5. Solely to the extent permitted by Florida law, and in no event greater than the limits set forth in Florida Statues, Section 768.28, the Permittee agrees to indemnify the District, its agents, officers supervisors, and employees against all claims, losses and liabilities, (specifically excluding attorneys' fees and expenses) caused solely by the negligent acts or omissions of the Permittee, its employees, and elected officials performance under this Agreement. Nothing contained herein shall be deemed or construed to provide, directly or indirectly, an indemnity from the Permittee for any negligent acts or omissions of the District, its agents and employees arising out of, under, or in connection with this Agreement. 6. Permittee is cautioned that electrical, water, sewer, gas or other installations or utilities may be located within the permit area, and Permittee shall use diligent efforts to first detect and locate all such installations and shall coordinate construction with all other lawful users of said right-of-way. Permittee shall be liable for all damages proximately resulting from its interference with or interruption of services provided by other lawful right-of-way users. 7. The District may, on sixty (60) days' written notice to the Permittee, require cessation of use into District's facilities, removal or alteration of any installation or construction on District right-of-way. 8. Any construction on District right-of-way or property and cleanup shall be completed promptly by Permittee and in a workmanlike manner with minimum disturbance to existing berm, channel slopes and grade with proper restoration and planting of any disturbed areas to prevent erosion within ten days after completion of construction or installation. 2 50 9. The Permittee shall at all times maintain markers above ground at 100 foot intervals to show the location of any underground objects. The force main shall be so constructed and installed to permit the crossing of heavy equipment used by the District for the maintenance of its laterals, sublaterals and canals and for any similar heavy equipment used by land owners within the District. In any case where the force main crosses a pipe or culvert used for drainage or irrigation purposes, or a pipe or culvert is needed hereafter for drainage or irrigation of adjacent lands, and the same is deemed by District or an adjacent landowner to be required to be installed, repaired or replaced, then, upon twenty-four (24) hours' notice, Permittee shall, at Permittee's sole cost and expense, be available at the location of, and arrange for such installation, repair or replacement with personnel and equipment to insure that the force main does not endanger of prevent the installation, repair, replacement or use of pipes or culverts for drainage or irrigation purposes. The District has the right to determine the exact location of the force main within the said right-of-way in order that the location of name shall not interfere with the District's functions and operations and of the District land owners. 10. Permittee shall advise District's office prior to commencement or completion of all construction. 11. Permittee shall not discharge any pollutants, contaminants or deleterious materials into waters or structures owned or maintained by, or subject to the jurisdiction of District, nor permit anything to obstruct the flow of water, and shall save and hold District harmless from any expense, loss or damage to District or others by any such discharge or obstruction, remedying or removing the same immediately upon request by District. 12. This Permit shall exist only so long as Permittee may be in full compliance with all requirements of the Department of Environmental Protection for the State of Florida, as such requirements relate to this project, and if, at any time, the Permittee shall fail to meet such requirements, then this Permit shall, ipsofacto, immediately become null and void. 3 51 13. Pennittee, as a condition to the continuance of this Permit, shall reimburse District, immediately on demand, for any reasonable fees for testing or other professional services, costs or expenses to District associated with or arising from Permittee's use of District right-of-way. 14. Permittee's obligations under this permit are limited to the extent permitted by Florida law, and in no event greater than the limits set forth in Florida Statutes, Section 768.28. 15. The Permittee shall pay to the District an annual rental of Three Hundred Eighty Severn and 75/100 Dollars ($387.75), payable in advance; effective on each anniversary date hereof, notwithstanding the term may exceed 12 months, the annual fee may be subject to increase to reflect increases in costs to District of pennitting the use of its rights of way, by others. In addition to the permit fee payable hereunder, if the permit applied for or the use for which the permit is granted requires engineering or legal work for purposes of processing and approval by District, then Permittee shall pay promptly when invoiced all engineering and legal fees incurred by District in connection herewith and shall indemnify District for the same, saving and holding District harmless from any liability in connection therewith. 16. This Permit shall be effective January 1, 2015 and continue for a period of sixty (60) months unless sooner terminated as provided herein. 17. In the event that this Permit is canceled or terminated, the Permittee shall, at its expense, promptly remove the sewer force main from the right-of-way of the District. 18. This Permit shall be considered to be a license only, for the limited purpose of installation, placement and maintenance of the improvements specified on the face hereof, and does not convey any other right, title or interest of the District in the subject right-of-way property. 19. Permittee assumes full responsibility for any construction, operation or maintenance on District property or right-of-way subject to this Permit and understands and agrees that Permittee's use of District property for Permittee's 4 52 purposes and benefit is at Permittee's sole risk; any loss or damage to Permittee's property, installations, facilities or personnel while on District property or right- of-way, from any cause whatsoever, whether by reason of the provisions of Chapter 556, Florida Statutes, or otherwise, is Permittee's and not District's and, as a condition of this Permit, Permittee promises, covenants and agrees that neither Permittee, nor anyone claiming by, through or under Permittee, shall have any claim or cause of action against District by reason of such loss or damage. The parties hereto further acknowledge and agree that District has no obligation to allow Permittee to enter upon or use District's property or right-of-way, and does so only in consideration of Permittee's release of District from any responsibility or liability whatsoever, now or in the future, and Permittee agrees: [ ] that it is able, at its own expense, to insure against loss or damage, without granting any right of subrogation to claims against District or [ ] Permittee is a self -insurer, warranting and representing to District that Permittee assumes all risk of loss or damage, and shall save and hold harmless District from any expense, loss, damage or claim in regard thereto, and the District assumes and shall have no liability in connection therewith including, without limitation, attorneys' fees, fines and penalties. 20. This Permit may not be assigned or subletted to a third part and any transfer of Permittee's property abutting District's property or right-of-way shall, ipso facto and without more, cancel, nullify and revoke this Permit. 21. Should Permittee, during the term hereof, become a "member operator", as defined by Florida Statutes, Section 556.102, then such membership shall, ipso facto and without more, cancel, nullify and revoke this Permit. 22. In consideration of the grant of this Permit, Permittee, if a public or private body with the power of eminent domain, expressly waives and relinquishes any power of eminent domain or condemnation of the property as to which this Permit applies for the use for which the Permit is granted. This clause shall survive termination or expiration of this Permit. 5 53 IN WITNESS WHEREOF, said District has caused these presents to be executed in its name by its Secretary and its corporate seal hereto affixed, by due authority of its Board of Supervisors, this day of 12015. Signed, sealed and delivered In the presence of: INDIAN RIVER FARMS WATER CONTROL DISTRICT By:44 11 I'll -- v David E. Gunter, Se,;ietary as to District (SEAL) Permittee hereby accepts the terms of this Permit, and covenants and. agrees ths; it will comply with the terms and conditions of this Permit. Dated this day of , 2015. INDIAN RIVER COUNTY By: Wesley S. Davis, Chairman Date Signed: ATTEST: Jeffrey R. Smith, CPA, CGFO,CGMA am Clerk of the Circuit Court & Comptroller APPROVED: is ![r1�7 MkW4M AppWved as to Form and Legal Sufficiency By: Dylan T. Reingold, County Attorney 6 54 ,• 530 PERMIT_ -AND INTERLOCAL A k a ;/' �NlO. IRC=1 '.. M 525, ry1," 51( ' { ... 200 505 '` j0 r,r�r 0 200 Feet 6 1 inch = 200 feet ' N 0510 480 %s r0,i P -- :, s 0, 4, ei a 475 rj 465 455 F 435 # ;0 ' 42( 215 '25: �' t z w f Co 301 _8325 r0,i P -- :, s 0, 4, ei a F 435 # ;0 ' Q '25: �' �� . z w f Co 6240, 8/i0 2230 4 0 E v '6i� - �1:i0� 619 In 1:LDE L `¢ 8225 126 aJ i 2 5 N '21- �1 srt�r.�rr0,9 R) PERMIT AND INTERLOCAL AGREEMENT (No. IRC -2) THIS PERMIT and INTERLOCAL AGREEMENT, dated this day of ,2015 by and between INDIAN RIVER FARMS WATER CONTROL DISTRICT, a drainage district organized and existing under the General Drainage Laws of the State of Florida, whose address is 7305 4'h Street, Vero Beach, Florida, hereinafter referred to as the "District", and the INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "Permittee". NOW, THEREFORE, the District does hereby grant unto the Permittee a perrnit for a period of sixty (60) months from January 1, 2015, unless sooner terminated as hereinafter provided, to construct, maintain, inspect, operate and repair a 6" PVC force main located 5 feet inside the North right-of-way of the South Relief Canal from U.S. Highway No. 1 easterly to the vicinity of the lift station at the locations and in accordance with the plans and specifications attached hereto and marked "Exhibit A" and signed by the parties and, by reference, made a part hereof, together with the right of ingress and egress on and over the property at said locations; provided, however, that as a condition precedent to the rights herein granted, Permittee agrees to and with the District as follows: 1. That the construction and installation of force main has been in exact conformity with the plans prepared by Masteller & Moler Associates, Inc., marked "Exhibit A". 2. The rights shall extend only for force main used exclusively by Indian River County (unless otherwise agreed to by District) and belonging to the Permittee and the Permittee shall not have any right to assign or sublet this Permit or any part: thereof unto a third party. 3. Permittee assumes full responsibility for the construction, operation and maintenance of said force main and shall save and hold harmless District from any expense, loss, damage or claim in regard thereto, and the District assumes and shall have no liability in connection therewith. The parties having expressly negotiated to allocate all risk and expense in connection therewith to Permittee. 56 4. That this Permit is subject always to the paramount right of the District to keep and maintain its drainage district functions and operations, and is subject to revocation and cancellation upon sixty days' notice from District to the Permittee. 5. Solely to the extent permitted by Florida law, and in no event greater than the limits set forth in Florida Statutes, Section 768.28, the Permittee agrees to indemnify the District, its agents, officers, and employees against all claims, looses, and liabilities (specifically excluding attorneys' fees and expenses) caused solely by the negligent acts or omissions of the Permittee, its employees, and elected officials arising out of, under, or in connection with, the Permittee's performance under this Agreement. Nothing contained herein shall be deemed or construed to provide, directly or indirectly, an indemnity from the Permittee for any negligent acts or omissions of the District, its agents and employees arising out of, under, or in connection with the Agreement 6. Permittee is cautioned that electrical, water, sewer, gas or other installations or utilities may be located within the permit area, and Permittee shall use diligent efforts to first detect and locate all such installations and shall coordinate construction with all other lawful users of said right-of-way. Permittee shall be liable for all damages proximately resulting from its interference with or interruption of services provided by other lawful right-of-way users. 7. The District may, on sixty (60) days' written notice to the Permittee, require cessation of use into District's facilities, removal or alteration of any installation or construction on District right-of-way. 8. Any construction on District right-of-way or property and cleanup shall be completed promptly by Permittee and in a workmanlike manner with minimum disturbance to existing berm, channel slopes and grade with proper restoration and planting of any disturbed areas to prevent erosion within ten days after completion of construction or installation. 9. The Permittee shall at all times maintain cable markers above ground at 100 foot intervals to show the location of any underground objects. The force main shall be so constructed and installed to permit the crossing of heavy equipment used by 2 57 the District for the maintenance of its laterals, sublaterals and canals and for any similar heavy equipment used by land owners within the District. In any case where the force main crosses a pipe or culvert used for drainage or irrigation purposes, or a pipe or culvert is needed hereafter for drainage or irrigation of adjacent lands, and the same is deemed by District or an adjacent landowner to be required to be installed, repaired or replaced, then upon twenty-four (24) hours' notice, Permittee shall, at Permittee's sole cost and expense, be available at the location of, and undertake such installation, repair or replacement with personnel and equipment to insure that the force main does not endanger or prevent the installation, repair, replacement or use of pipes or culverts for drainage or irrigation purposes. The District has the right to determine the exact location of the force main within the said right-of-way in order that the location of same shall not interfere with the District's functions and operations and of the District land owners. 10. Permittee shall advise District's office prior to commencement or completion of all construction. 11. Permittee shall not discharge any pollutants, contaminants or deleterious materials into waters or structures owned or maintained by, or subject to the jurisdiction of District, nor permit anything to obstruct the flow of water, and shall save and hold District harmless from any expense, loss or damage to District or others by any such discharge or obstruction, remedying or removing the same immediately upon request by District. 12. This Permit shall exist only so long as Permittee may be in full compliance with all requirements of the Department of Environmental Protection for the State of Florida, as such requirements relate to this project, and if, at any time, the Permittee shall fail to meet such requirements, then this Permit shall, ipsofacto, immediately become null and void. 13. Permittee, as a condition to the continuance of this Permit, shall reimburse District, immediately on demand, for any reasonable fees for testing or other 3 58 professional services, costs or expenses to District associated with or arising from Permittee's use of District right-of-way. 14. The Permittee shall pay to the District an annual rental of Three Hundred Seventy Five and No/100 Dollars ($375.00), payable in advance; effective on each anniversary date hereof, notwithstanding the term may exceed 12 months, the annual fee may be subject to increase to reflect increases in costs to District of permitting the use of its rights of way, by others. In addition to the permit fee payable hereunder, if the permit applied for or the use for which the permit is granted requires engineering or legal work for purposes of processing and approval by District, then Permittee shall pay promptly when invoiced all engineering and legal fees incurred by District in connection herewith and shall indemnify District for the same, saving and holding District harmless from any liability in connection therewith. 15. Permittee's obligations under this permit are limited to the extent permitted by Florida law, and in no event greater than the limits set forth in Florida Statutes, Section 768.28. 16. This Permit shall be effective January 1, 2015 and continue for a period of sixty (60) months unless sooner terminated as provided herein. 17. In the event that this Permit is canceled or terminated, the Permittee shall, at its expense, promptly remove the sewer force main from the right-of-way of the District. 18. This Permit shall be considered to be a license only, for the limited purpose of installation, placement and maintenance of the improvements specified on the face hereof, and does not convey any other right, title or interest of the District in the subject right-of-way property. 19. Permittee assumes full responsibility for any construction, operation or maintenance on District property or right-of-way subject to this Permit and understands and agrees that Permittee's use of District property for Permittee's purposes and benefit is at Permittee's sole risk; any loss or damage to Permittee's property, installations, facilities or personnel while on District property or right - 4 59 20. 21. 22 of -way, regardless of the cause of the same, including, without limitation, negligence or want or care on the part of District, its agents or employees, whether by reason of the provisions of Chapter 556, Florida Statutes, or otherwise, is Permittee's and not District's and, as a condition of this Permit, Permittee promises, covenants and agrees that neither Permittee, nor anyone claiming by, through or under Permittee, shall have any claim or cause of action against District by reason of such loss or damage. The parties hereto further acknowledge and agree that District has no obligation to allow Permittee to enter upon or use District's property or right-of-way, and does so only in consideration of Permittee's release of District from any responsibility or liability whatsoever, now or in the future, and Permittee agrees: [ ] that it is able, at its own expense, to insure against loss or damage, without granting any right of subrogation to claims against District, or [ ] Permittee is a self -insurer, warranting and representing to District that Permittee assumes all risk of loss or damage, and shall save and hold harmless District from any expense, loss, damage or claim in regard thereto, and the District assumes and shall have no liability in connection therewith including, without limitation, attorneys' fees, fines and penalties. This Permit may not be assigned or subletted to a third part and any transfer of Permittee's property abutting District's property or right-of-way shall, ipso facto and without more, cancel, nullify and revoke this Permit. Should Permittee, during the term hereof, become a "member operator", as defined by Florida Statutes, Section 556.102, then such membership shall, ipso facto and without more, cancel, nullify and revoke this Permit. In consideration of the grant of this Permit, Permittee, if a public or private body with the power of eminent domain, expressly waives and relinquishes any power of eminent domain or condemnation of the property as to which this Permit applies for the use for which the Permit is granted. This clause shall survive termination or expiration of this Permit. 5 60 IN WITNESS WHEREOF, said District has caused these presents to be executed in its name by its Secretary and its corporate seal hereto affixed, by due authority of its Board of Supervisors, this day of Signed, sealed and delivered In the presence of: as to the District i 2015. INDIAN RIVER FARMS WATER CONTWL DISTRICT By: David E. Gunter, secretary (SEAL) Permittee hereby accepts the terms of this Permit, and covenants and agrees that it will comply with the terms and conditions of this Permit. Dated this day of , 2015. INDIAN RIVER COUNTY By: Wesley S. Davis, C airman Date Signed: ATTEST: Jeffrey R. Smith, CPA, CGFO,CGMA Clerk of the Circuit Court & Comptroller APPROVED: W22- '�:. • • Aopioved as to Form and Legal Sufficiency By: Dylan T. Reingold, County Attorney 6 61 4. 4 co 07is N N y On' 1S c r ✓ F t V �. { It * t Q f ,, t 4.GJ .'J 1.�y.. • 4" < Y yd[t 4 \,{ .N^ .. ~, 9l r . k n Lo :may- •y t , � co t _ (' a '�' R � � � •x..21 � a✓ � taw j�;�!�' tx #�. 47 ik . � "-' f {vim p : y • t A r { a ii y '� ,�,!v� �-: •,`�� fie;': � `" t � � ��+�•�+ '+� ,y�� � g�y.,�' tir i • s r�i q V � �� ��, ..t' • i•r., tib. � st 3 . laaj 00f._ Maui aaaj DOE0 QO€ Al �• i N Z ;-D IJI ,I V �IV�W33��- 1b!�C��1�11®NdllW�l�d PERMIT AND INTERLOCAL AGREEMENT (No. IRC -3) THIS PERMIT and INTERLOCAL AGREEMENT, dated this day of ,2015 by and between INDIAN RIVER FARMS WATER CONTROL DISTRICT, a drainage district organized and existing under the General Drainage Laws of the State of Florida, whose address is 7305 4th Street, Vero Beach, Florida, hereinafter referred to as the "District", and the INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "Permittee". NOW, THEREFORE, the District does hereby grant unto the Permittee a permit for a period of sixty (60) months from January 1, 2015, unless sooner terminated as hereinafter provided, to construct, maintain, inspect, operate and repair a 12" PVC treated effluent force main located 5 feet inside the East right-of-way of the Lateral "G" Canal from Sand Ridge Golf Course southerly to Hawks Nest Golf Course; the crossing of Lateral "G" Canal with an 8" treated effluent line an Westward extension thereof along the Northerly side of Sub -lateral G-5 and crossing of Sub -lateral G-5 to discharge into Sand Ridge Golf Course Lake No. 6 at the locations and in accordance with the plans and specifications attached hereto and marked "Exhibit A" and signed by the parties and, by reference, made a part hereof, together with the right of ingress and egress on and over the property at said locations; provided, however, that as a condition precedent to the rights herein granted, Permittee agrees to and with the District as follows: 1. That the construction and installation of force main shall be in exact conformity plans prepared by Masteller, Moler & Mayfield marked "Exhibit A". 2. The rights shall extend only for force main used exclusively by Indian River County (unless otherwise agreed to by District) and belonging to the Permittee and the Permittee shall not have any right to assign or sublet this Permit or any part thereof unto a third party. 3. Permittee assumes full responsibility for the construction, operation and maintenance of said force main and shall save and hold harmless District from any expense, loss, damage or claim in regard thereto, and the District assumes and shall have no liability in connection therewith. The parties having expressly negotiated to allocate all risk and expense in connection therewith to Permittee. 3.1 4. That this Permit is subject always to the paramount right of the District to keep and maintain its drainage district functions and operations, and is subject to revocation and cancellation upon sixty days' notice from District to the Permittee. 5. Solely to the extent permitted by Florida law, and in no event greater than the limits set forth in Florida Statutes, Section 768.28, the Permittee agrees to indemnify the District, its agents, officers, and employees against all claims, losses, and liabilities, (specifically excluding attorneys' fees and expenses) caused solely by the negligent acts or omissions of the Permittee, its employees, and elected officials arising out of, under, or in connection with, the Permittee's performance under this Agreement. Nothing contained herein shall be deemed or construed to provide, directly or indirectly, an indemnity from the Permittee for any negligent acts or omissions of the District, its agents and employees arising out of, under, or in connection with this Agreement. 6. Permittee is cautioned that electrical, water, sewer, gas or other installations or utilities may be located within the permit area, and Permittee shall use diligent efforts to first detect and locate all such installations and shall coordinate construction with all other lawful users of said right-of-way. Permittee shall be liable for all damages proximately resulting from its interference with or interruption of services provided by other lawful right-of-way users. 7. The District may, on sixty (60) days' written notice to the Permittee, require cessation of use into District's facilities, removal or alteration of any installation or construction on District right-of-way. 8. Any construction on District right-of-way or property and cleanup shall be completed promptly by Permittee and in a workmanlike manner with minimum disturbance to existing berm, channel slopes and grade with proper restoration and planting of any disturbed areas to prevent erosion within ten days after completion of construction or installation. 9. The Permittee shall at all times maintain cable markers above ground at 100 foot intervals to show the location of any underground objects. The force main shall be constructed and installed to permit the crossing of heavy equipment used by the 2 64 District for the maintenance of its laterals, sublaterals and canals and for any similar heavy equipment used by land owners within the District. In any case where the force main crosses a pipe or culvert used for drainage or irrigation purposes, or a pipe or culvert is needed hereafter for drainage or irrigation of adjacent lands, and the same is deemed by District or an adjacent landowner to be required to be installed, repaired or replaced, then upon twenty-four (24) hours' notice, Permittee shall, at Permittee's sole cost and expense, be available at the location of, and arrange for such installation, repair or replacement with personnel and equipment to insure that the force main does not endanger or prevent the installation, repair, replacement or use of pipes or culverts for drainage or irrigation purposes. The District has the right to determine the exact location of the force main within the said right-of-way in order that the location of same shall not interfere with the District's functions and operations and of the District land owners. 10. Permittee shall advise District's office prior to commencement or completion of all construction. 11. Permittee shall not discharge any pollutants, contaminants or deleterious materials into waters or structures owned or maintained by, or subject to the jurisdiction of District, nor pen -nit anything to obstruct the flow of water, and shall save and hold District harmless from any expense, loss or damage to District or others by any such discharge or obstruction, remedying or removing the same immediately upon request by District. 12. This Pennit shall exist only so long as Permittee may be in full compliance with all requirements of the Department of Environmental Protection for the State of Florida, as such requirements relate to this project, and if, at any time, the Permittee shall fail to meet such requirements, then this Permit shall, ipso facto, immediately become null and void. 13. Permittee, as a condition to the continuance of this Permit, shall reimburse District, immediately on demand, for any reasonable fees for testing or other 3 65 professional services, costs or expenses to District associated with or arising from Permittee's use of District right-of-way. 14. Permittee's obligations under this permit are limited to the extent permitted by Florida law, and in no event greater than the limits set forth in Florida Statutes, Section 768.28. 15. The Permittee shall pay to the District an annual rental of Three Thousand Sixteen and 50/100 Dollars ($3,016.50), payable in advance; effective on each anniversary date hereof, notwithstanding the term may exceed 12 months, the annual fee may be subject to increase to reflect increases in costs to District of permitting the use of its rights of way, by others. In addition to the permit fee payable hereunder, if the permit applied for or the use for which the permit is granted requires engineering or legal work for purposes of processing and approval by District, then Permittee shall pay promptly when invoiced all engineering and legal fees incurred by District in connection herewith and shall indemnify District for the same, saving and holding District harmless from any liability in connection therewith. 16. This Permit shall be effective January 1, 2015 and continue for a period of sixty (60) months unless sooner terminated as provided herein. 17. In the event that this Permit is canceled or terminated, the Permittee shall, at its expense, promptly remove the sewer force main from the right-of-way of the District. 18. This Permit shall be considered to be a license only, for the limited purpose of installation, placement and maintenance of the improvements specified on the face hereof, and does not convey any other right, title or interest of the District in the subject right-of-way property. 19. Permittee assumes full responsibility for any construction, operation or maintenance on District property or right-of-way subject to this Permit and understands and agrees that Permittee's use of District property for Permittee's purposes and benefit is at Permittee's sole risk; any loss or damage to Permittee's property, installations, facilities or personnel while on District property or right - 4 66 of -way, regardless of the cause of the same, including, without limitation, negligence or want or care on the part of District, its agents or employees, whether by reason of the provisions of Chapter 556, Florida Statutes, or otherwise, is Permittee's and not District's and, as a condition of this Permit, Permittee promises, covenants and agrees that neither Permittee, nor anyone claiming by, through or under Permittee, shall have any claim or cause of action against District by reason of such loss or damage. The parties hereto further acknowledge and agree that District has no obligation to allow Permittee to enter upon or use District's property or right-of-way, and does so only in consideration of Permittee's release of District from any responsibility or liability whatsoever, now or in the future, and Permittee agrees: [ ] that it is able, at its own expense, to insure against loss or damage, without granting any right of subrogation to claims against District, or [ ] Permittee is a self -insurer, warranting and representing to District that Permittee assumes all risk of loss or damage, and shall save and hold harmless District from any expense, loss, damage or claim in regard thereto, and the District assumes and shall have no liability in connection therewith including, without limitation, attorneys' fees, fines and penalties. 20. This Permit may not be assigned or subletted to a third part and any transfer of Permittee's property abutting District's property or right-of-way shall, ipso facto and without more, cancel, nullify and revoke this Permit. 21. Should Permittee, during the term hereof, become a "member operator", as defined by Florida Statutes, Section 556.102, then such membership shall, ipso facto and without more, cancel, nullify and revoke this Permit. 22. In consideration of the grant of this Permit, Permittee, if a public or private body with the power of eminent domain, expressly waives and relinquishes any power of eminent domain or condemnation of the property as to which this Permit applies for the use for which the Permit is granted. His clause shall survive termination or expiration of this Permit. 5 67 IN WITNESS WHEREOF, said District has caused these presents to be executed in its name by its Secretary and its corporate seal hereto affixed, by due authority of its Board of Supervisors, this day of , 2015. Signed, sealed and delivered in the presence of- as f as to District INDIAN RIVER FARMS WATER CONTROL DISTRICT By: David E. Gunter, 'Secretary (SEAL) Permittee hereby accepts the terms of this Permit, and covenants and agrees that it will comply with the terms and conditions of this Permit. Dated this day of , 2015. INDIAN RIVER COUNTY Wesley S. Davis, Chairman Date Signed: ATTEST: Jeffrey R. Smith, CPA, CGFO,CGMA LIN Clerk of the Circuit Court & Comptroller APPROVED: By: _ ha'X-4-11 rsephasBaird, County Administrator Apo Form and Legal Sufficiency By:_ n T. Reingold, County Attorney 6 68 PERMIT AND INTERLOCAL AGREEMENT (No. IRC -4) THIS PERMIT and INTERLOCAL AGREEMENT, dated this day of ,2015 by and between INDIAN RIVER FARMS WATER CONTROL DISTRICT, a drainage district organized and existing under the General Drainage Laws of the State of Florida, whose address is 7305 4th Street, Vero Beach, Florida, hereinafter referred to as the "District", and the INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "Permittee". NOW, THEREFORE, the District does hereby grant unto the Permittee a permit for a period of sixty months (60) months from January 1, 2015, unless sooner terminated as hereinafter provided, to construct, maintain, inspect, operate and repair a force main in District right-of-way along Oslo Road from 27th Street easterly, with two crossing extensions South across sub -lateral E -8/J-2 canal, to Lateral "J" Canal; the crossing of Lateral "J" Canal (approximately 100 feet North of Oslo Road Bridge); and force main North and 5 feet inside the East right-of-way of the Lateral "J" Canal for a distance of 2,250 lineal feet (0.4261 miles) at the locations and in accordance with the plans and specifications attached hereto and marked "Exhibit A" and signed by the parties and, by reference, made a part hereof, together with the right of ingress and egress on and over the property at said locations; provided, however, that as a condition precedent to the rights herein granted, Permittee agrees to and with the District as follows: 1. That the construction and installation of force main has been in exact conformity with the plans prepared by Masteller & Moler Associates, Inc. marked "Exhibit WW 2. The rights shall extend only for force main used exclusively by Indian River County (unless otherwise agreed to by District) and belonging to the Permittee and the Permittee shall not have any right to assign or sublet this Permit or any part thereof unto a third party. 3. Pennittee assumes full responsibility for the construction, operation and maintenance of said force main and shall save and hold harmless District from any expense, loss, damage or claim in regard thereto, and the District assumes and 1 70 shall have no liability in connection therewith. The parties having expressly negotiated to allocate all risk and expense in connection therewith to Permittee. 4. That this Permit is subject always to the paramount right of the District to keep and maintain its drainage district functions and operations, and is subject to revocation and cancellation upon sixty days' notice from District to the Permittee. 5. Solely to the extent permitted by Florida law, and in no event greater than the limits set forth in Florida Statutes, Section 768.28, the Permittee agrees to indemnify the District, its agents, officers, and employees against all claims, losses, and liabilities, (specifically excluding attorneys' fees and expenses) caused solely by the negligent acts or omissions of the Permittee, its employees, and elected officials arising out of, under, or in connection with, the Permittee's performance under this Agreement. Nothing contained herein shall be deemed or construed to provide, directly or indirectly, an indemnity from the Permittee for any negligent acts or omissions of the District, its agents and employees arising out of, under, or in connection with this Agreement. 6. Permittee is cautioned that electrical, water, sewer, gas or other installations or utilities may be located within the permit area, and Permittee shall use diligent efforts to first detect and locate all such installations and shall coordinate construction with all other lawful users of said right-of-way. Permittee shall be liable for all damages proximately resulting from its interference with or interruption of services provided by other lawful right-of-way users. 7. The District may, on sixty (60) days' written notice to the Permittee, require cessation of use into District's facilities, removal or alteration of any installation or construction on District right-of-way. 8. Any construction on District right-of-way or property and cleanup shall be completed promptly by Permittee and in a workmanlike manner with minimum disturbance to existing berm, channel slopes and grade with proper restoration and planting of any disturbed areas to prevent erosion within ten days after completion of construction or installation. 2 71 9. The Permittee shall at all times maintain cable markers above ground at 100 foot intervals to show the location of any underground objects. The force main shall be constructed and installed to permit the crossing of heavy equipment used by the District for the maintenance of its laterals, sublaterals and canals and for any similar heavy equipment used by land owners within the District. In any case where the force main crosses a pipe or culvert used for drainage or irrigation purposes, or a pipe or culvert is needed hereafter for drainage or irrigation of adjacent lands, and the same is deemed by District or an adjacent landowner to be required to be installed, repaired or replaced, then upon twenty-four (24) hours' notice, Permittee shall, at Permittee's sole cost and expense, be available at the location of, and arrange for such installation, repair or replacement with personnel and equipment to insure that the force main does not endanger or prevent the installation, repair, replacement or use of pipes or culverts for drainage or irrigation purposes. The District has the right to determine the exact location of the force main within the said right-of-way in order that the location of name shall not interfere with the District's functions and operations and of the District land owners. 10. Permittee shall advise District's office prior to commencement or completion of all construction. 11. Permittee shall not discharge any pollutants, contaminants or deleterious materials into waters or structures owned or maintained by, or subject to the jurisdiction of District, nor permit anything to obstruct the flow of water, and shall save and hold District harmless from any expense, loss or damage to District or others by any such discharge or obstruction, remedying or removing the same immediately upon request by District. 12. This Permit shall exist only so long as Permittee may be in full compliance with all requirements of the Department of Environmental Protection for the State of Florida, as such requirements relate to this project, and if, at any time, the Permittee shall fail to meet such requirements, then this Permit shall, ipso facto, immediately become null and void. 3 72 13. Permittee, as a condition to the continuance of this Permit, shall reimburse District, immediately on demand, for any reasonable fees for testing or other professional services, costs or expenses to District associated with or arising from Permittee's use of District right-of-way. 14. Permittee's obligations under this permit are limited to the extent permitted by Florida law, and in no event greater than the limits set forth in Florida Statutes, Section 768.28. 15. The Permittee shall pay to the District an annual rental of Six Hundred Thirty Nine and 15/100 Dollars ($639.15), payable in advance; effective on each anniversary date hereof, notwithstanding the term may exceed 12 months, the annual fee may be subject to increase to reflect increases in costs to District of permitting the use of its rights of way, by others. In addition to the permit fee payable hereunder, if the permit applied for or the use for which the permit is granted requires engineering or legal work for purposes of processing and approval by District, then Permittee shall pay promptly when invoiced all engineering and legal fees incurred by District in connection herewith and shall indemnify District for the same, saving and holding District harmless from any liability in connection therewith. 16. This Permit shall be effective January 1, 2015 and continue for a period of sixty (60) months unless sooner terminated as provided herein. 17. In the event that this Permit is canceled or terminated, the Permittee shall, at its expense, promptly remove the sewer force main from the right-of-way of the District. 18. This Permit shall be considered to be a license only, for the limited purpose of installation, placement and maintenance of the improvements specified on the face hereof, and does not convey any other right, title or interest of the District in the subject right-of-way property. 19. Permittee assumes full responsibility for any construction, operation or maintenance on District property or right-of-way subject to the Permit and understands and agrees that Permittee's use of District property for Permittee's 4 73 purposes and benefit is at Permittee's sole risk; any loss or damage to Permittee's property, installations, facilities or personnel while on District property or right- of-way, regardless of the cause of the same, including, without limitation, negligence or want or care on the part of District, its agents or employees, whether by reason of the provisions of Chapter 556, Florida Statutes, or otherwise, is Permittee's and not District's and, as a condition of this Permit, Permittee promises, covenants and agrees that neither Permittee, nor anyone claiming by, through or under Permittee, shall have any claim or cause of action against District by reason of such loss or damage. The parties hereto further acknowledge and agree that District has no obligation to allow Permittee to enter upon or use District's property or right-of-way, and does so only in consideration of Permittee's release of District from any responsibility or liability whatsoever, now or in the future, and Permittee agrees: [ ] that it is able, at its own expense, to insure against loss or damage, without granting any right of subrogation to claims against District or [ ] Permittee is a self -insurer, warranting and representing to District that Permittee assumes all risk of loss or damage, and shall save and hold harmless District from any expense, loss, damage or claim in regard thereto, and the District assumes and shall have no liability in connection therewith including, without limitation, attorneys' fees, fines and penalties. 20. This Permit may not be assigned or subletted to a third part and any transfer of Permittee's property abutting District's property or right-of-way shall, ipsofacto and without more, cancel, nullify and revoke this Permit. 21. Should Permittee, during the term hereof, become a "member operator", as defined by Florida Statutes, Section 556.102, then such membership shall, ipso facto and without more, cancel, nullify and revoke this Permit. 22. In consideration of the grant of this Permit, Permittee, if a public or private body with the power of eminent domain, expressly waives and relinquishes any power of eminent domain or condemnation of the property as to which this Permit applies for the use for which the Permit is granted. His clause shall survive termination or expiration of this Permit. 5 74 IN WITNESS WHEREOF, said District has caused these presents to be executed in its name by its Secretary and its corporate seal hereto affixed, by due authority of its Board of Supervisors, this day of Signed, sealed and delivered In the presence of-. �..� UA— as to District 2015. INDIAN RIVER FARMS WATER CONTROL DISTRICT By- Z& David E. Gunter, Secretary (SEAL) Permittee hereby accepts the terms of this Permit, and covenants and agrees that it will comply with the terms and conditions of this Permit. Dated this day of , 2015. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By: Wesley S. Davis, Chairman Date Signed: ATTEST: Jeffrey R. Smith, CPA, CGFO,CGMA By: Clerk of the Circuit Court & Comptroller VED: A. Baird, County Administrator Appved as to Form and Legal Sufficiency By: / Dylan T. Reingold, County Attorney 0 75 PERMIT AND INTERLOCAL AGREEMENT (No. IRC -6) THIS PERMIT and INTERLOCAL AGREEMENT, dated this day of 2015 by and between INDIAN RIVER FARMS WATER CONTROL DISTRICT, a drainage district organized and existing under the General Drainage Laws of the State of Florida, whose address is 7305 4`h Street, Vero Beach, Florida, hereinafter referred to as the "District", and the INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "Permittee". NOW, THEREFORE, the District does hereby grant unto the Permittee a permit for a period of sixty (60) months from January 1, 2015, unless sooner terminated as hereinafter provided, to construct, maintain, inspect, operate and repair a 20" diameter tertiary treated sanitary sewer effluent line on, over and across 3.83 linear miles of District right-of-way described as follows: The West 10' of the East 50 feet of the South 1,630 feet of Section 5, Township 33 South, Range 38 East; and The West 10' of the East 50 feet of Section 32, Township 33 South, Range 39 East; and The North 30' of the South 100 feet of Sections 33, 34 and the West %2 of section 35, Township 39 East at the locations and in accordance with the plans and specifications attached hereto and marked "Exhibit A" and signed by the parties and, by reference, made apart hereof, together with the right of ingress and egress on and over the property at said locations; provided, however, that as a condition precedent to the rights herein granted, Permittee agrees to and with the District as follows: 1. That the construction and installation of effluent line shall be in exact conformity with the plans prepared by Carter Associates, Inc., entitled "Indian River County Florida, South Regional Effluent Reuse Transmission Main, County Project No. US -94 -02 -ED". 2. The rights shall extend only for reuse main used exclusively by Indian River County (unless otherwise agreed to by District) and belonging to the Permittee 77 and the Permittee shall not have any right to assign or sublet this Permit or any part thereof unto a third party. 3. Permittee assumes full responsibility for the construction, operation and maintenance of said effluent line and shall save and hold harmless District from any expense, loss, damage or claim in regard thereto, and the District assumes and shall have no liability in connection therewith. The parties having expressly negotiated to allocate all risk and expense in connection therewith to Permittee 4. That this Permit is subject always to the paramount right of the District to keep and maintain its drainage district functions and operations, and is subject to revocation and cancellation upon sixty days' notice from District to the Permittee. 5. Solely to the extent permitted by Florida law, and in no event greater than the limits set forth in Florida Statutes, Section 768.28, the Permittee agrees to indemnify the District its agents, officers, agents, and employees against all claims, losses, and liabilities, (specifically excluding attorneys' fees and expenses) caused solely by the negligent acts or omissions of the Permittee, its employees, and elected officials arising out of, under, or in connection with, the Permittee's performance under this Agreement. Nothing contained herein shall be deemed or construed to provide, directly or indirectly, an indemnity from the Permittee for any negligent acts or omissions of the District, its agents and employees arising out of, under, or in connection with this Agreement. 6. Permittee is cautioned that electrical, water, sewer, gas or other installations or utilities may be located within the permit area, and Permittee shall use diligent efforts to first detect and locate all such installations and shall coordinate construction with all other lawful users of said right-of-way. Permittee shall be liable for all damages proximately resulting from its interference with or interruption of services provided by other lawful right-of-way users. 7. The District may, on sixty (60) days' written notice to the Permittee, require cessation of use into District's facilities, removal or alteration of any installation or construction on District right-of-way. 2 78 8. Any construction on District right-of-way or property and cleanup shall be completed promptly by Permittee and in a workmanlike manner with minimum disturbance to existing berm, channel slopes and grade with proper restoration and planting of any disturbed areas to prevent erosion within ten days after completion of construction or installation. 9. The Permittee shall at all times maintain markers above ground at 100 foot intervals to show the location of any underground objects. The effluent line shall be constructed and installed to permit the crossing of heavy equipment used by the District for the maintenance of its laterals, sublaterals and canals and for any similar heavy equipment used by land owners within the District. In any case where the effluent line crosses a pipe or culvert used for drainage or irrigation purposes, or a pipe or culvert is needed hereafter for drainage or irrigation of adjacent lands, and the same is deemed by District or an adjacent landowner to be required to be installed, repaired or replaced, then upon twenty-four (24) hours' notice, Permittee shall, at Permittee's sole cost and expense, be available at the location of, and arrange for such installation, repair or replacement with personnel and equipment to insure that the effluent line does not endanger or prevent the installation, repair, replacement or use of pipes or culverts for drainage or irrigation purposes. The District has the right to determine the exact location of the effluent line within the said right-of-way in order that the location of same shall not interfere with the District's functions and operations and of the District land owners. 10. Permittee shall advise District's office prior to commencement or completion of all construction. 11. Permittee shall not discharge any pollutants, contaminants or deleterious materials into waters or structures owned or maintained by, or subject to the jurisdiction of District, nor permit anything to obstruct the flow of water, and shall save and hold District harmless from any expense, loss or damage to District or others by any such discharge or obstruction, remedying or removing the same immediately upon request by District. 3 79 12. This Pen -nit shall exist only so long as Permittee may be in full compliance with all requirements of the Department of Environmental Protection for the State of Florida, as such requirements relate to this project, and if, at any time, the Permittee shall fail to meet such requirements, then this Permit shall, ipso facto, immediately become null and void. 13. Permittee, as a condition to the continuance of this Permit, shall reimburse District, immediately on demand, for any reasonable fees for testing or other professional services, costs or expenses to District associated with or arising from Permittee's use of District right-of-way. 14. Permittee's obligations under this permit are limited to the extent permitted by Florida law, and in no event greater than the limits set forth in Florida Statutes, Section 768.28. 15. The Permittee shall pay to the District an annual rental of Five Thousand Seven Hundred Forty Five and No/100 Dollars ($5,745.00), payable in advance); effective on each anniversary date hereof, notwithstanding the term may exceed 12 months, the annual fee may be subject to increase to reflect increases in costs to District of permitting the use of its rights of way, by others. In addition to the permit fee payable hereunder, if the permit applied for or the use for which the permit is granted requires engineering or legal work for purposes of processing and approval by District, then Permittee shall pay promptly when invoiced all engineering and legal fees incurred by District in connection herewith and shall indemnify District for the same, saving and holding District harmless from any liability in connection therewith. 15. This Permit shall be effective January 1, 2015 and continue for a period of sixty (60) months unless sooner terminated as provided herein. 16. In the event that this Permit is canceled or terminated, the Permittee shall, at its expense, promptly remove the sewer force main from the right-of-way of the District. 17. This Permit shall be considered to be a license only, for the limited purpose of installation, placement and maintenance of the improvements specified on the 4 80 face hereof, and does not convey any other right, title or interest of the District in the subject right-of-way property. 18. Permittee assumes full responsibility for any construction, operation or maintenance on District property or right-of-way subject to this Permit and understands and agrees that Permittee's use of District property for Permittee's purposes and benefit is at Permittee's sole risk; any loss or damage to Permittee's property, installations, facilities or personnel while on District property or right- of-way, regardless of the cause of the same, including, without limitation, negligence or want or care on the part of District, its agents or employees, whether by reason of the provisions of Chapter 556, Florida Statutes, or otherwise, is Permittee's and not District's and, as a condition of this Permit, Permittee promises, covenants and agrees that neither Permittee, nor anyone claiming by, through or under Permittee, shall have any claim or cause of action against District by reason of such loss or damage. The parties hereto further acknowledge and agree that District has no obligation to allow Permittee to enter upon or use District's property or right-of-way, and does so only in consideration of Permittee's release of District from any responsibility or liability whatsoever, now or in the future, and Permittee agrees: [ ] that it is able, at its own expense, to insure against loss or damage, without granting any right of subrogation to claims against District, or [ ] Permittee is a self -insurer, warranting and representing to District that Permittee assumes all risk of loss or damage, and shall save and hold harmless District from any expense, loss, damage or claim in regard thereto, and the District assumes and shall have no liability in connection therewith including, without limitation, attorneys' fees, fines and penalties. 19. This Permit may not be assigned or subletted to a third part and any transfer of Permittee's property abutting District's property or right-of-way shall, ipso facto and without more, cancel, nullify and revoke this Permit. 20. Should Permittee, during the term hereof, become a "member operator", as defined by Florida Statutes, Section 556.102, then such membership shall, ipso facto and without more, cancel, nullify and revoke this Permit. 5 81 21. In consideration of the grant of this Permit, Permittee, if a public or private body with the power of eminent domain, expressly waives and relinquishes any power of eminent domain or condemnation of the property as to which this Permit applies for the use for which the Permit is granted. This clause shall survive termination or expiration of this Permit. 6 82 IN WITNESS WHEREOF, said District has caused these presents to be executed in its name by its Secretary and its corporate seal hereto affixed, by due authority of its Board of Supervisors, this day of , 2015. Signed, sealed and delivered in the presence of: as to District INDIAN RIVER FARMS WATER CONTROL DISTRICT By:. David E. Gunter, Sec:reta:y (SEAL) Permittee hereby accepts the terms of this Permit, and covenants and agrees that it will comply with the terms and conditions of this Permit. Dated this day of , 2015. INDIAN RIVER COUNTY By: Wesley S. Davis, Chairman Date Signed: ATTEST: Jeffrey R. Smith, CPA, CGFO,CGMA Clerk of the Circuit Court & Comptroller APPROVED: By:"- r 1 k 0� ' Jd eph A. Nird, County Administrator Apj�oved as to Form and Legal Sufficiency By. Diii T. Reingold, County Attorney 7 83 PERMIT AND INTERLOCAL AGREEMENT (No. IRC -7) THIS PERMIT and INTERLOCAL AGREEMENT, dated this day of , 2015 by and between INDIAN RIVER FARMS WATER CONTROL DISTRICT, a drainage district organized and existing under the General Drainage Laws of the State of Florida, whose address is 7305 4`h Street, Vero Beach, Florida, hereinafter referred to as the "District", and the INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "Permittee". NOW, THEREFORE, the District does hereby grant unto the Permittee a permit for a period of sixty (60) months from January 1, 2015, until December 31, 2019, unless sooner terminated as hereinafter provided, to construct, maintain, inspect, operate and repair a 10" diameter sanitary sewer force main on, over and across District right-of-way on the northerly right-of-way of Lateral B-10 Canal between 6`h Avenue SW and Sunrise Drive, for approximately 1,500 lineal feet at the locations and in accordance with the plans and specifications prepared by Masteller & Moler, Inc. Engineering, Plan Sheets 33A And 33B of 39, attached hereto and marked "Exhibit A" and signed by the parties and, by reference, made a part hereof, together with the right of ingress and egress on and over the property at said locations; provided, however, that as a condition precedent to the rights herein granted, Permittee agrees to and with the District as follows: 1. That the construction and installation of force main shall be in exact conformity with the plans prepared by Masteller & Moler Associates, Inc. marked "Exhibit A". 2. The rights shall extend only for force main used exclusively by Indian River County (unless otherwise agreed to by District) and belonging to the Permittee and the Permittee shall not have any right to assign or sublet this Permit or any part thereof unto a third party. 3. Permittee assumes full responsibility for the construction, operation and maintenance of said force main and shall save and hold harmless District from any expense, loss, damage or claim in regard thereto, and the District assumes and shall have no liability in connection therewith. The parties having expressly negotiated to allocate all risk and expense in connection therewith to Permittee. 85 4. That this Permit is subject always to the paramount right of the District to keep and maintain its drainage district functions and operations, and is subject to revocation and cancellation upon sixty days' notice from District to the Permittee. 5. Solely to the extent permitted by Florida law, and in no event greater than the limits set forth in Florida Statutes, Section 768.28, the Permittee agrees to indemnify the District, its agents, officers, and employees against all claims, losses, and liabilities, (specifically excluding attorneys' fees and expenses) caused solely by the negligent acts or omissions of the Permittee, its employees, and elected officials arising out of, under, or in connection with, the Permittee's performance under this Agreement. Nothing contained herein shall be deemed or construed to provide, directly or indirectly, an indemnity from the Permittee for any negligent acts or omissions of the Districts, its agents and employees arising out of, under, or in connection with this Agreement. 6. Permittee is cautioned that electrical, water, sewer, gas or other installations or utilities may be located within the permit area, and Permittee shall use diligent efforts to first detect and locate all such installations and shall coordinate construction with all other lawful users of said right-of-way. Permittee shall be liable for all damages proximately resulting from its interference with or interruption of services provided by other lawful right-of-way users. 7. The District may, on sixty (60) days' written notice to the Permittee, require cessation of use into District's facilities, removal or alteration of any installation or construction on District right-of-way. 8. Any construction on District right-of-way or property and cleanup shall be completed promptly by Permittee and in a workmanlike manner with minimum disturbance to existing berm, channel slopes and grade with proper restoration and planting of any disturbed areas to prevent erosion within ten days after completion of construction or installation. 9. The Permittee shall at all times maintain markers above ground at 100 foot intervals to show the location of any underground objects. The force main shall be so constructed and installed to permit the crossing of heavy equipment used by 2 86 the District for the maintenance of its laterals, sublaterals and canals and for any similar heavy equipment used by land owners within the District. In any case where the force main crosses a pipe or culvert used for drainage or irrigation purposes, or a pipe or culvert is needed hereafter for drainage or irrigation of adjacent lands, and the same is deemed by District or an adjacent landowner to be required to be installed, repaired or replaced, then upon twenty-four (24) hours' notice, Permittee shall, at Permittee's sole cost and expense, be available at the location of, and undertake such installation, repair, replacement with personnel and equipment to insure that the force main does not endanger or prevent the installation, repair, replacement or use of pipes or culverts for drainage or irrigation purposes. The District has the right to determine the exact location of the force main within the said right-of-way in order that the location of same shall not interfere with the District's functions and operations and of the District land owners. 10. Permittee shall advise District's office prior to commencement or completion of all construction. 11. Permittee shall not discharge any pollutants, contaminants or deleterious materials into waters or structures owned or maintained by, or subject to the jurisdiction of District, nor permit anything to obstruct the flow of water, and shall save and hold District harmless from any expense, loss or damage to District or others by any such discharge or obstruction, remedying or removing the same immediately upon request by District. 12. This Permit shall exist only so long as Permittee may be in full compliance with all requirements of the Department of Environmental Protection for the State of Florida, as such requirements relate to this project, and if, at any time, the Permittee shall fail to meet such requirements, then this Permit shall, ipso facto, immediately become null and void. 13. Permittee, as a condition to the continuance of this Permit, shall reimburse District, immediately on demand, for any reasonable fees for testing or other 3 87 professional services, costs or expenses to District associated with or arising from Permittee's use of District right-of-way. 14. Permittee's obligations under this permit are limited to the extent permitted by Florida law, and in no event greater than the limits set forth in Florida Statutes, Section 768.28. 15. The Permittee shall pay to the District an annual rental of Four Hundred Twenty and No/100 Dollars ($420.00), payable in advance; effective on each anniversary date hereof, notwithstanding the term may exceed 12 months, the annual fee may be subject to increase to reflect increases in costs to District of permitting the use of its rights of way, by others. In addition to the permit fee payable hereunder, if the permit applied for or the use for which the permit is granted requires engineering or legal work for purposes of processing and approval by District, then Permittee shall pay promptly when invoiced all engineering and legal fees incurred by District in connection herewith and shall indemnify District for the same, saving and holding District harmless from any liability in connection therewith. 16. This Permit shall be effective January 1, 2015 and continue until December 31, 2019, unless sooner terminated as provided herein. 17. In the event that this Permit is canceled or terminated, the Permittee shall, at its expense, promptly remove the sewer force main from the right-of-way of the District. 18. This Permit shall be considered to be a license only, for the limited purpose of installation, placement and maintenance of the improvements specified on the face hereof, and does not convey any other right, title or interest of the District in the subject right-of-way property. 19. Permittee assumes full responsibility for any construction, operation or maintenance on District property or right-of-way subject to the Permit and understands and agrees that Permittee's use of District property for Permittee's purposes and benefit is at Permittee's sole risk; any loss or damage to Permittee's property, installations, facilities or personnel while on District property or right - 4 88 of -way, regardless of the cause of the same, including, without limitation, negligence or want or care on the part of District, its agents or employees, whether by reason of the provisions of Chapter 556, Florida Statutes, or otherwise, is Permittee's and not District's and, as a condition of this Permit, Permittee promises, covenants and agrees that neither Permittee, nor anyone claiming by, through or under Permittee, shall have any claim or cause of action against District by reason of such loss or damage. The parties hereto further acknowledge and agree that District has no obligation to allow Permittee to enter upon or use District's property or right-of-way, and does so only in consideration of Permittee's release of District from any responsibility or liability whatsoever, now or in the future, and Permittee agrees: [ ] that it is able, at its own expense, to insure against loss or damage, without granting any right of subrogation to claims against District or [ ] Permittee is a self -insurer, warranting and representing to District that Permittee assumes all risk of loss or damage, and shall save and hold harmless District from any expense, loss, damage or claim in regard thereto, and the District assumes and shall have no liability in connection therewith including, without limitation, attorneys' fees, fines and penalties. 19. This Permit may not be assigned or subletted to a third part and any transfer of Permittee's property abutting District's property or right-of-way shall, ipso facto and without more, cancel, nullify and revoke this Permit. 20. Should Permittee, during the term hereof, become a "member operator", as defined by Florida Statutes, Section 556.102, then such membership shall, ipso facto and without more, cancel, nullify and revoke this Permit. 21. In consideration of the grant of this Permit, Permittee, if a public or private body with the power of eminent domain, expressly waives and relinquishes any power of eminent domain or condemnation of the property as to which this Permit applies for the use for which the Permit is granted. This clause shall survive termination or expiration of this Permit. 5 89 IN WITNESS WHEREOF, said District has caused these presents to be executed in its name by its Secretary and its corporate seal hereto affixed, by due authority of its Board of Supervisors, this day of , 2015. Signed, sealed and delivered In the presence of. INDIAN RIVER FARMS WATER n CONTROL DISTRICT 61 as to District LJ By _ ` David E. Gunter, Secretary (SEAL) Permittee hereby accepts the terms of this Permit, and covenants and agrees that it will comply with the terms and conditions of this Permit. Dated this day of , 2015. INDIAN RIVER COUNTY Wesley S. Davis, Chairman Date Signed: ATTEST: Jeffrey R. Smith, CPA, CGFO,CGMA By: Clerk of the Circuit Court & Comptroller 4 ti !�a��lLi A�pfoved as to Form and Legal Sufficiency By: -5y-1A T. Reingo , County Attorney 6 90 PERMIT AND INTERLOCAL AGREEMENT (No. IRC -8) THIS PERMIT and INTERLOCAL AGREEMENT, dated this day of 2015 by and between INDIAN RIVER FARMS WATER CONTROL DISTRICT, a drainage district organized and existing under the General Drainage Laws of the State of Florida, whose address is 7305 4th Street, Vero Beach, Florida, hereinafter referred to as the "District", and the INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "Permittee". NOW, THEREFORE, the District does hereby grant unto the Permittee a permit for a period of sixty (60) months from January 1, 2015, unless sooner terminated as hereinafter provided, to construct, maintain, inspect, operate and repair a re -use force main on, over and across District right-of-way of the Lateral "G" Canal from the South line of the Northwest '/4 of Section 15, Township 32 South, Range 39 East (Storm Grove Road -57th Street), northerly to the North line of Section 4, Township 32 South, Range 39 East (Hobart Road -77th Street) for 15,181 lineal feet (2.875 miles) in accordance with the plans and specifications for Indian River County Project No. US -95 -24 -DC, entitled "Wastewater Interconnect for Hobart to Gifford W.W.T.P.'S", prepared by Carter Associates Inc., and dated September 10, 1996, made a part hereof by reference, together with the right of ingress and egress on and over the property at said locations; provided, however, that as a condition precedent to the rights herein granted, Permittee agrees to and with the District as follows: 1. That the construction and installation of force main shall be in exact conformity with the plans prepared by Carter Associates, Inc., as described above. 2. The rights shall extend only for force main used exclusively by Indian River County (unless otherwise agreed to by District) and belonging to the Permittee and the Permittee shall not have any right to assign or sublet this Permit or any part thereof unto a third party. 3. Permittee assumes full responsibility for the construction, operation and maintenance of said force main and shall save and hold harmless District from any expense, loss, damage or claim in regard thereto, and the District assumes and 92 shall have no liability in connection therewith. The parties having expressly negotiated to allocate all risk and expense in connection therewith to Permittee. 4. That this Permit is subject always to the paramount right of the District to keep and maintain its drainage district functions and operations, and is subject to revocation and cancellation upon sixty days' notice from District to the Permittee. 5. Solely to the extent permitted by Florida law, and in no event greater than the limits set forth in Florida Statutes, Section 768.28, the Permittee agrees to indemnify the District, its agents, officers, and employees against all claims, losses, and liabilities, (specifically excluding attorneys' fees and expenses) caused solely by the negligent acts or omissions of the Permittee, its employees and elected officials arising out of, under, or in connection with, the Permittee's performance under this Agreement. Nothing contained herein shall be deemed or construed to provide, directly or indirectly, an indemnity from the Permittee for any negligent acts or omissions of the District, its agents and employees arising out of, under, or in connection with this Agreement. 6. Permittee is cautioned that electrical, water, sewer, gas or other installations or utilities may be located within the permit area, and Permittee shall use diligent efforts to first detect and locate all such installations and shall coordinate construction with all other lawful users of said right-of-way. Permittee shall be liable for all damages proximately resulting from its interference with or interruption of services provided by other lawful right-of-way users. 7. The District may, on sixty (60) days' written notice to the Permittee, require cessation of use into District's facilities, removal or alteration of any installation or construction on District right-of-way. 8. Any construction on District right-of-way or property and cleanup shall be completed promptly by Permittee and in a workmanlike manner with minimum disturbance to existing berm, channel slopes and grade with proper restoration and planting of any disturbed areas to prevent erosion within ten days after completion of construction or installation. 2 93 9. The Permittee shall at all times maintain markers above ground at 100 foot intervals to show the location of any underground objects. The force main shall be constructed and installed to permit the crossing of heavy equipment used by the District for the maintenance of its laterals, sublaterals and canals and for any similar heavy equipment used by land owners within the District. In any case where the force main crosses a pipe or culvert used for drainage or irrigation purposes, or a pipe or culvert is needed hereafter for drainage or irrigation of adjacent lands, and the same is deemed by District or an adjacent landowner to be required to be installed, repaired or replaced, then upon twenty-four (24) hours' notice, Permittee shall, at Permittee's sole cost and expense, be available at the location of, and arrange for such installation, repair or replacement with personnel and equipment to insure that the force main does not endanger or prevent the installation, repair, replacement or use of pipes or culverts for drainage or irrigation purposes. The District has the right to determine the exact location of the force main within the said right-of-way in order that the location of name shall not interfere with the District's functions and operations and of the District land owners. 10. Permittee shall advise District's office prior to commencement or completion of all construction. 11. Permittee shall not discharge any pollutants, contaminants or deleterious materials into waters or structures owned or maintained by, or subject to the jurisdiction of District, nor permit anything to obstruct the flow of water, and shall save and hold District harmless from any expense, loss or damage to District or others by any such discharge or obstruction, remedying or removing the same immediately upon request by District. 12. This Permit shall exist only so long as Permittee may be in full compliance with all requirements of the Department of Environmental Protection for the State of Florida, as such requirements relate to this project, and if, at any time, the Permittee shall fail to meet such requirements, then this Permit shall, ipso facto, immediately become null and void. 3 94 13. Permittee, as a condition to the continuance of this Permit, shall reimburse District, immediately on demand, for any reasonable fees for testing or other professional services, costs or expenses to District associated with or arising from Permittee's use of District right-of-way. 14. Permittee's obligations under this permit are limited to the extent permitted by Florida law, and in no event greater than the limits set forth in Florida Statutes, Section 768.28. 15. The Permittee shall pay to the District an annual rental of Four Thousand Three Hundred Twelve and 50/100 Dollars ($4,312.50), based on a charge of $1,500.00 per lineal mile, payable in advance; effective on each anniversary date hereof, notwithstanding the term may exceed 12 months, the annual fee may be subject to increase to reflect increases in costs to District of permitting the use of its rights of way, by others. In addition to the permit fee payable hereunder, if the permit applied for or the use for which the permit is granted requires engineering or legal work for purposes of processing and approval by District, then Permittee shall pay promptly when invoiced all engineering and legal fees incurred by District in connection herewith and shall indemnify District for the same, saving and holding District harmless from any liability in connection therewith. 16. This Permit shall be effective January 1, 2015 and continue for a period of sixty (60) months unless sooner terminated as provided herein. 17. In the event that this Permit is canceled or terminated, the Permittee shall, at its expense, promptly remove the sewer force main from the right-of-way of the District. 18. This Permit shall be considered to be a license only, for the limited purpose of installation, placement and maintenance of the improvements specified on the face hereof, and does not convey any other right, title or interest of the District in the subject right-of-way property. 19. Permittee assumes full responsibility for any construction, operation or maintenance on District property or right-of-way subject to the Permit and understands and agrees that Permittee's use of District property for Permittee's 4 95 purposes and benefit is at Pennittee's sole risk; any loss or damage to Permittee's property, installations, facilities or personnel while on District property or right- of-way, regardless of the cause of the same, including, without limitation, negligence or want or care on the part of District, its agents or employees, whether by reason of the provisions of Chapter 556, Florida Statutes, or otherwise, is Pennittee's and not District's and, as a condition of this Permit, Permittee promises, covenants and agrees that neither Permittee, nor anyone claiming by, through or under Permittee, shall have any claim or cause of action against District by reason of such loss or damage. The parties hereto further acknowledge and agree that District has no obligation to allow Permittee to enter upon or use District's property or right-of-way, and does so only in consideration of Pennittee's release of District from any responsibility or liability whatsoever, now or in the future, and Permittee agrees: [ ] that it is able, at its own expense, to insure against loss or damage, without granting any right of subrogation to claims against District, or [ ] Permittee is a self -insurer, warranting and representing to District that Permittee assumes all risk of loss or damage, and shall save and hold harmless District from any expense, loss, damage or claim in regard thereto, and the District assumes and shall have no liability in connection therewith including, without limitation, attorneys' fees, fines and penalties. 20. This Permit may not be assigned or subletted to a third part and any transfer of Permittee's property abutting District's property or right-of-way shall, ipso facto and without more, cancel, nullify and revoke this Permit. 21. Should Permittee, during the term hereof, become a "member operator", as defined by Florida Statutes, Section 556.102, then such membership shall, ipso facto and without more, cancel, nullify and revoke this Permit. 22. In consideration of the grant of this Permit, Permittee, if a public or private body with the power of eminent domain, expressly waives and relinquishes any power of eminent domain or condemnation of the property as to which this Permit applies for the use for which the Permit is granted. His clause shall survive termination or expiration of this Permit. 5 96 IN WITNESS WHEREOF, said District has caused these presents to be executed in its name by its Secretary and its corporate seal hereto affixed, by due authority of its Board of Supervisors, this day of , 2015. Signed, sealed and delivered in the presence of: nr•rns ra ' .�b��, INDIAN RIVER FARMS WATER • / 1 CONTROL DISTRIX"T as to District By: , David E. Gunter, Secretary (SEAL) Permittee hereby accepts the terms of this Permit, and covenants and agrees that it will comply with the terms and conditions of this Permit. Dated this day of 12015. INDIAN RIVER COUNTY LIM Wesley S. Davis, Chairman Date Signed: ATTEST: Jeffrey R. Smith, CPA, CGFO,CGMA By: Clerk of the Circuit Court & Comptroller OVED: �• J eph A. Baird, County Administrator Apfk6ved as to Form and Legal Sufficiency By: Dylan T. Reingold, County Attorney 6 97 �SUBLATERALG-7. PERMIT AND INTERLOCAL AGREEMENT :'ao { . , m s ^ s'. a'. -i• j a @ N O • I R l�: 8J , r 5 3 . .� , - % -f ✓'.. x R""r • R F tx' � rG ., < fit` '��•.: �k� `mac •.,%+' 77TH ST�(HOBARTRD). ,. _ 2,000 0 2,000 Feet SUB -LATERAL itsr � 4. ;*,��. ..: 1 inch = 2,000 feet � '—���.� r is s SUB -LATERAL 'SUBrLA AL G'S A �. �y{y I 4-tz 00 3 69TH STY (NINWTER �" wryB r ' BEACH RD) SULATERAL T 508 ,s`SUB LATERAL 613 .ter . WA UJI r'f� "'• $ Za �? 65TH ST 4 �a IS Y r (S WINTER . ACHRD) t SUB LATERALI' a >+€s 632 SUB LATERAL G-3 A=•12 E� ,.. A r } + \l � 4?r' q i� .+mowQ op f[7� A� G 2 t. ,� r•Jt .cJfl y .` 0 bb "�'.y ,fig• f f (J`U{J�. f d y�r�F, � ,,{_t � . SUB LIATERAL ..< A=11 -Er'°;"'.:;. .a..: 't''a' T" K ,,:' Vii' y��'�' •�'; s 9 �j „€ .^� i �t< , r� "� • ��M`�j �jr:1� to'K`,';j,.'"', � r�f�aC t � �e�5+'„44.. :f 'k! Y~ r• r ,' f % f 4 c � E�"��•_•. r'{•T;'� � 4��4�a t Y'� �� { j � �1 �a,,' ti c, 57TH $Tl (STORM r SU GLOVE RD) '-E ' 53RD'ST # '(K INGSBERRY, N n - f2'L` tN'ORiT++ HwRELE.Fx D) y /NGS 53RD ST.,.: P`'• {.. + , 6�c,QRYRO x (K/NGSBERRY 603 t, SUB'LATERALTA=.9=E PERMIT AND INTERLOCAL AGREEMENT (No. IRC -9) THIS PERMIT and INTERLOCAL AGREEMENT, dated this day of ,2015 by and between INDIAN RIVER FARMS WATER CONTROL DISTRICT, a drainage district organized and existing under the General Drainage Laws of the State of Florida, whose address is 7305 41" Street, Vero Beach, Florida, hereinafter referred to as the "District", and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "Permittee". NOW, THEREFORE, the District does hereby grant unto the Permittee a permit for a period of sixty (60) months from January 1, 2015, unless sooner terminated as hereinafter provided, to construct, maintain, inspect, operate and repair a 16" diameter PVC sanitary sewer force main on, over and across District right-of-way crossing the Lateral "H" Canal at the east side and adjacent to pre-existing 16" diameter reuse force main for 1490 lineal feet (0.282 miles) at the locations and in accordance with the plans and specifications attached hereto and marked "Exhibit A" and signed by the parties and, by reference, made a part hereof, together with the right of ingress and egress on and over the property at said locations; provided, however, that as a condition precedent to the rights herein granted, Permittee agrees to and with the District as follows: 1. That the construction and installation of force main shall be in exact conformity with the plans prepared by Masteller & Moler Associates, Inc., marked "Exhibit A". 2. The rights shall extend only for force main used exclusively by Indian River County (unless otherwise agreed to by District) and belonging to the Permittee and the Permittee shall not have any right to assign or sublet this Permit or any part thereof unto a third party. 3. Permittee assumes full responsibility for the installation, operation and maintenance of said force main and shall expressly assume all risk of loss to or in connection with the same, including without limitation any expense, loss, damage or claim from any cause whatsoever, and the District assumes and shall have no liability or responsibility in connection therewith. The parties having expressly negotiated to allocate all risk and expense in connection therewith to Permittee. 99 4. That this Permit is subject always to the paramount right of the District to keep and maintain its drainage district and water control functions and operations, and is subject to revocation and cancellation upon sixty days' notice from District to the Permittee. 5. Solely to the extent permitted by Florida law, and in no event greater than the limits set forth in Florida Statutes Section 768.28, the Permittee agrees to indemnify the District, its agents, officers, and employees against all claims, losses, and liabilities, (specifically excluding attorneys' fees and expenses) caused solely by the negligent acts or omissions of the Permittee, its employees, and elected officials arising out of, under, or in connection with, the Permittee's performance under this Agreement. Nothing contained herein shall be deemed or construed to provide, directly or indirectly, an indemnity from the Permittee for any negligent acts or omissions of the District, its agents and employees arising out of, under, or in connection with this Agreement. 6. Permittee is cautioned that electrical, water, sewer, gas or other installations or utilities may be located within the permit area, and Permittee shall use diligent efforts to first detect and locate all such installations and shall coordinate construction with all other lawful users of said right-of-way. Permittee shall be liable for all damages proximately resulting from its interference with or interruption of services provided by other lawful right-of-way users. 7. The District may, on sixty (60) days' written notice to the Permittee, require cessation of use into District's facilities, removal or alteration of any installation or construction on District right-of-way. 8. Any construction on District right-of-way or property and cleanup shall be completed promptly by Permittee and in a workmanlike manner with minimum disturbance to existing berm, channel slopes and grade with proper restoration and planting of any disturbed areas to prevent erosion within ten days after completion of construction or installation. 9. The Permittee shall at all times maintain markers above ground at 100 foot intervals to show the location of any underground objects. The force main shall be so constructed and installed to permit the crossing of heavy equipment used by 2 100 the District for the maintenance of its laterals, sublaterals and canals and for any similar heavy equipment used by land owners within the District. In any case where the force main crosses a pipe or culvert used for drainage or irrigation purposes, or a pipe or culvert is needed hereafter for drainage or irrigation of adjacent lands, and the same is deemed by District or an adjacent landowner to be required to be installed, repaired or replaced, then upon twenty-four (24) hours' notice, Permittee shall, at Permittee's sole cost and expense, be available at the location of, and arrange for such installation, repair or replacement with personnel and equipment to insure that the force main does not endanger of prevent the installation, repair, replacement or use of pipes or culverts for drainage or irrigation purposes. The District has the right to determine the exact location of the force main within the said right-of-way in order that the location of name shall not interfere with the District's functions and operations and of the District land owners. 10. Permittee shall advise District's office prior to commencement or completion of all construction. 11. Permittee shall not discharge any pollutants, contaminants or deleterious materials into waters or structures owned or maintained by, or subject to the jurisdiction of District, nor permit anything to obstruct the flow of water, and shall save and hold District harmless from any expense, loss or damage to District or others by any such discharge or obstruction, remedying or removing the same immediately upon request by District. 12. This Permit shall exist only so long as Permittee may be in full compliance with all requirements of the Department of Environmental Protection for the State of Florida, as such requirements relate to this project, and if, at any time, the Permittee shall fail to meet such requirements, then this Permit shall, ipso facto, immediately become null and void. 13. Permittee, as a condition to the continuance of this Permit, shall reimburse District, immediately on demand, for any reasonable fees for testing or other professional services, costs or expenses to District associated with or arising from Permittee's use of District right-of-way. R] 101 14. Permittee's obligations under this permit are limited to the extent permitted by Florida law, and in no event greater than the limits set forth in Florida Statutes, Section 768.28. 15. The Permittee shall pay to the District an annual rental of Four Hundred Twenty Three and 00/100 Dollars ($423.00), payable in advance; effective on each anniversary date hereof, notwithstanding the term may exceed 12 months, the annual fee may be subject to increase to reflect increases in costs to District of permitting the use of its rights of way, by others. In addition to the permit fee payable hereunder, if the permit applied for or the use for which the permit is granted requires engineering or legal work for purposes of processing and approval by District, then Permittee shall pay promptly when invoiced all engineering and legal fees incurred by District in connection herewith and shall indemnify District for the same, saving and holding District harmless from any liability in connection therewith. 15. This Permit shall be effective January 1, 2015 and continue for a period of sixty (60) months unless sooner terminated as provided herein. 16. In the event that this Permit is canceled or terminated, the Permittee shall, at its expense, promptly remove the sewer force main from the right-of-way of the District. 17. This Permit shall be considered to be a license only, for the limited purpose of installation, placement and maintenance of the improvements specified on the face hereof, and does not convey any other right, title or interest of the District in the subject right-of-way property. 18. Permittee assumes full responsibility for any construction, operation or maintenance on District property or right-of-way subject to the Permit and understands and agrees that Permittee's use of District property for Permittee's purposes and benefit is at Permittee's sole risk; any loss or damage to Permittee's property, installations, facilities or personnel while on District property or right- of-way, from any cause whatsoever, whether by reason of the provisions of Chapter 556, Florida Statutes, or otherwise, is Permittee's and not District's and, as a condition of this Permit, Permittee promises, covenants and agrees that 4 102 neither Permittee, nor anyone claiming by, tlu-ough or under Permittee, shall have any claim or cause of action against District by reason of such loss or damage. The parties hereto further acknowledge and agree that District has no obligation to allow Permittee to enter upon or use District's property or right-of-way, and does so only in consideration of Permittee's release of District from any responsibility or liability whatsoever, now or in the future, and Permittee agrees: [ ] that it is able, at its own expense, to insure against loss or damage, without granting any right of subrogation to claims against District, or [ ] Permittee is a self -insurer, warranting and representing to District that Permittee assumes all risk of loss or damage, and shall save and hold harmless District from any expense, loss, damage or claim in regard thereto, and the District assumes and shall have no liability in connection therewith including, without limitation, attorneys' fees, fines and penalties. 19. This Permit may not be assigned or subletted to a third part and any transfer of Permittee's property abutting District's property or right-of-way shall, ipso facto and without more, cancel, nullify and revoke this Permit. 20. Should Permittee, during the term hereof, become a "member operator", as defined by Florida Statutes, Section 556.102, then such membership shall, ipso facto and without more, cancel, nullify and revoke this Permit. 21. In consideration of the grant of this Permit, Permittee, if a public or private body with the power of eminent domain, expressly waives and relinquishes any power of eminent domain or condemnation of the property as to which this Permit applies for the use for which the Permit is granted. His clause shall survive termination or expiration of this Permit. 5 103 IN WITNESS WHEREOF, said District has caused these presents to be executed in its name by its Secretary and its corporate seal hereto affixed, by due authority of its Board of Supervisors, this day of Signed, sealed and delivered In the presence of: J as to District 2015. INDIAN RIVER FARMS WATER CONTROL DISTRICT By:.�.. David E. Gunter, Secretary (SEAL) Permittee hereby accepts the terms of this Permit, and covenants and agrees that it will comply with the terms and conditions of this Permit. Dated this day of , 2015. INDIAN RIVER COUNTY Wesley S. Davis, Chairman Date Signed: ATTEST: Jeffrey R. Smith, CPA, CGFO,CGMA Clerk of the Circuit Court & Comptroller A. baird, County A,roved as to Form and Legal Sufficiency By: Dyl n T. Reingold, County Attorney G9 104 PERMIT AND INTERLOCAL AGREEMENT (No. IRC- l 0) THIS PERMIT and INTERLOCAL AGREEMENT, dated this day of ,2015 by and between INDIAN RIVER FARMS WATER CONTROL DISTRICT, a drainage district organized and existing under the General Drainage Laws of the State of Florida, whose address is 7305 4th Street, Vero Beach, Florida, hereinafter referred to as the "District", and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "Permittee". NOW, THEREFORE, the District does hereby grant unto the Permittee a permit for a period of sixty (60) months from January 1, 2015, unless sooner terminated as hereinafter provided, to construct, maintain, inspect, operate and repair a 24" diameter PVC sanitary sewer force main on, over and across District right-of-way within and along the Lateral `B" Canal right-of-way for the 1.5 lineal mile section located from 8`h Street to 5`h Street S.W. together with the right of ingress and egress on and over the property at said locations; provided, however, that as a condition precedent to the rights herein granted, Permittee agrees to and with the District as follows: 1. That the construction and installation of force main shall be in exact conformity with the plans prepared by Kimley-Horn & Associates Inc., marked "Exhibit A". 2. The rights shall extend only for force main used exclusively by Indian River County (unless otherwise agreed to by District) and belonging to the Permittee and the Permittee shall not have any right to assign or sublet this Permit or any part thereof unto a third party. 3. Permittee assumes full responsibility for the installation, operation and maintenance of said force main and shall expressly assume all risk of loss to or in connection with the same, including without limitation any expense, loss, damage or claim from any cause whatsoever, and the District assumes and shall have no liability or responsibility in connection therewith. The parties having expressly negotiated to allocate all risk and expense in connection therewith to Permittee. 4. That this Permit is subject always to the paramount right of the District to keep and maintain its drainage district and water control functions and operations, and 106 is subject to revocation and cancellation upon sixty days' notice from District to the Permittee. 5. Solely to the extent permitted by Florida law, and in no event greater than the limits set forth in Florida Statutes Section 768.28, the Permittee agrees to indemnify the District, its agents, officers, and employees against all claims, losses, and liabilities, (specifically excluding attorneys' fees and expenses) caused solely by the negligent acts or omissions of the Permittee, its employees, and elected officials arising out of, under, or in connection with, the Permittee's performance under this Agreement. Nothing contained herein shall be deemed or construed to provide, directly or indirectly, an indemnity from the Permittee for any negligent acts or omissions of the District, its agents and employees arising out of, under, or in connection with this Agreement. 6. Permittee is cautioned that electrical, water, sewer, gas or other installations or utilities may be located within the permit area, and Permittee shall use diligent efforts to first detect and locate all such installations and shall coordinate construction with all other lawful users of said right-of-way. Permittee shall be liable for all damages proximately resulting from its interference with or interruption of services provided by other lawful right-of-way users. 7. The District may, on sixty (60) days' written notice to the Permittee, require cessation of use into District's facilities, removal or alteration of any installation or construction on District right-of-way. 8. Any construction on District right-of-way or property and cleanup shall be completed promptly by Permittee and in a workmanlike manner with minimum disturbance to existing berm, channel slopes and grade with proper restoration and planting of any disturbed areas to prevent erosion within ten days after completion of construction or installation. 9. The Permittee shall at all times maintain markers above ground at 100 foot intervals to show the location of any underground objects. The force main shall be so constructed and installed to permit the crossing of heavy equipment used by the District for the maintenance of its laterals, sublaterals and canals and for any similar heavy equipment used by land owners within the District. In any case 2 107 where the force main crosses a pipe or culvert used for drainage or irrigation purposes, or a pipe or culvert is needed hereafter for drainage or irrigation of adjacent lands, and the same is deemed by District or an adjacent landowner to be required to be installed, repaired or replaced, then upon twenty-four (24) hours' notice, Permittee shall, at Permittee's sole cost and expense, be available at the location of, and undertake such installation, repair or replacement with personnel and equipment to insure that the force main does not endanger or prevent the installation, repair, replacement or use of pipes or culverts for drainage or irrigation purposes. The District has the right to determine the exact location of the force main within the said right-of-way in order that the location of name shall not interfere with the District's functions and operations and of the District land owners. 10. Permittee shall advise District's office prior to commencement or completion of all construction. 11. Permittee shall not discharge any pollutants, contaminants or deleterious materials into waters or structures owned or maintained by, or subject to the jurisdiction of District, nor permit anything to obstruct the flow of water, and shall save and hold District harmless from any expense, loss or damage to District or others by any such discharge or obstruction, remedying or removing the same immediately upon request by District. 12. This Permit shall exist only so long as Permittee may be in full compliance with all requirements of the Department of Environmental Protection for the State of Florida, as such requirements relate to this project, and if, at any time, the Permittee shall fail to meet such requirements, then this Permit shall, ipso facto, immediately become null and void. 13. Permittee, as a condition to the continuance of this Permit, shall reimburse District, immediately on demand, for any reasonable fees for testing or other professional services, costs or expenses to District associated with or arising from Permittee's use of District right-of-way. 3 108 14. Permittee's obligations under this permit are limited to the extent permitted by Florida law, and in no event greater than the limits set forth in Florida Statutes, Section 768.28. 15. The Permittee shall pay to the District an annual rental of Two Thousand Two Hundred Fifty and 00/100 Dollars ($2,250.00), payable in advance, representing One Thousand Five Hundred and 00/100 Dollars ($1,500.00) per lineal mile; effective on each anniversary date hereof, notwithstanding the term may exceed 12 months, the annual fee may be subject to increase to reflect increases in costs to District of permitting the use of its rights of way, by others. In addition to the permit fee payable hereunder, if the permit applied for or the use for which the permit is granted requires engineering or legal work for purposes of processing and approval by District, then Permittee shall pay promptly when invoiced all engineering and legal fees incurred by District in connection herewith and shall indemnify District for the same, saving and holding District harmless from any liability in connection therewith. 16. This Permit shall be effective January 1, 2015 and continue for a period of sixty (60) months unless sooner terminated as provided herein. 17. In the event that this Permit is canceled or terminated, the Permittee shall, at its expense, promptly remove the sewer force main from the right-of-way of the District. 18. This Permit shall be considered to be a license only, for the limited purpose of installation, placement and maintenance of the improvements specified on the face hereof, and does not convey any other right, title or interest of the District in the subject right-of-way property. 19. Permittee assumes full responsibility for any construction, operation or maintenance on District property or right-of-way subject to this Permit and understands and agrees that Permittee's use of District property for Permittee's purposes and benefit is at Permittee's sole risk; any loss or damage to Permittee's property, installations, facilities or personnel while on District property or right- of-way, from any cause whatsoever, whether by reason of the provisions of Chapter 556, Florida Statutes, or otherwise, is Permittee's and not District's and, 4 109 as a condition of this Permit, Permittee promises, covenants and agrees that neither Permittee, nor anyone claiming by, through or under Permittee, shall have any claim or cause of action against District by reason of such loss or damage. The parties hereto further acknowledge and agree that District has no obligation to allow Permittee to enter upon or use District's property or right-of-way, and does so only in consideration of Permittee's release of District from any responsibility or liability whatsoever, now or in the future, and Permittee agrees: [ ] that it is able, at its own expense, to insure against loss or damage, without granting any right of subrogation to claims against District, or [ ] Permittee is a self -insurer, warranting and representing to District that Permittee assumes all risk of loss or damage, and shall save and hold harmless District from any expense, loss, damage or claim in regard thereto, and the District assumes and shall have no liability in connection therewith including, without limitation, attorneys' fees, fines and penalties. 20. This Permit may not be assigned or subletted to a third part and any transfer of Permittee's property abutting District's property or right-of-way shall, ipso facto and without more, cancel, nullify and revoke this Permit. 21. Should Permittee, during the term hereof, become a "member operator", as defined by Florida Statutes, Section 556.102, then such membership shall, ipso facto and without more, cancel, nullify and revoke this Permit. 22. In consideration of the grant of this Permit, Permittee, if a public or private body with the power of eminent domain, expressly waives and relinquishes any power of eminent domain or condemnation of the property as to which this Permit applies for the use for which the Permit is granted. This clause shall survive termination or expiration of this Permit. 5 110 IN WITNESS WHEREOF, said District has caused these presents to be executed in its name by its Secretary and its corporate seal hereto affixed, by due authority of its Board of Supervisors, this day of Signed, sealed and delivered In the presence of. as to District 2015. INDIAN RIVER FARMS WATER CONTROL DISTRICT By: A.0 David E. Gunter, Secretary (SEAL) Permittee hereby accepts the terms of this Permit, and covenants and agrees that it will comply with the terms and conditions of this Permit. Dated this day of , 2015. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By: Wesley S. Davis, Chairman Date Signed: ATTEST: Jeffrey R. Smith, CPA, CGFO,CGMA By: Clerk of the Circuit Court & Comptroller VED: A. Administrator Appfgved astoForm and Legal Sufficiency By: V 4 Dylan T. Reingold, County Attorney 6 111 *RR'"mj MN"llT A Pei - r [IW7'4 in-oilDA-- 111 1 � 111 1i± a • j- �� •B, ��5Ei1 �►�ii�i�ir�,�si � �� W;wL 1w"E9ii i it@61q _ _FW � ''moi >o I1 ?nod&1wg "•NW22- "� = a Evi [ii§� ra r>GGM iE i2P�l 'L: .� .1�."Fi F� 1 - ` iJ. a �MA VA 6Hi1a��C" 7n ISI � , fi,'i »t t . •�1 �r, �'�' L��� "a d� r5. `95FJ 9 r MO 1 � i r -Ulu. r .. d' f ,y t w. �.,gMSIN , {. «.(sg, ,'":'•;», �' a �.r7 I MCC �s4 q _ ® P ��� � �� �' i ® LID � "/".. ��-..•- ��1� i a R P OFF�' pa 1. i1�F -r • - r! a, _ a m a eea tE I TO Ad POOL . � � � - _- • - -• • (i...:.rye.:..- •, — 77 �� .g mMUM ` •� t� L� _ -5 y . o. f w .-• �G'i4 j t k'� �ii��li �� I•e�� J :1 INDIAN RIVER COUNTY MEMORANDUM �Z TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director FROM: Louise Gates, Land Acquisition Specialist SUBJECT: 26th STREET -ADVANCE ACQUISITION OF RIGHT-OF-WAY 260652 Id Avenue Stephen and Vicky F. Savage DATE: February 24, 2015 DESCRIPTION AND CONDITIONS Stephen and Vicky F. Savage own a single family home located at 2606 52nd Avenue, Vero Beach (Exhibit "A"— parcel description). The house is on the northeast corner of 26th Street and 52nd Avenue. The Savages recently approached the County to purchase the property which will be used as right-of-way for the 26th Street widening project. The parcel (Exhibit "A") is 0.35 acres in size and 128 feet in length along 26th Street. The property is zoned RS -6, single family residential, up to six units per acre, and improved with a 3 bedroom, 2 bath CBS/Stucco that was built in 1978. The property includes a screened in -ground pool. A recent appraisal of the property performed by Boyle & Drake, Inc., a Vero Beach appraisal firm, values the property at $210,000. After negotiations the Savages have agreed to accept the purchase price of $195,000 for the entire parcel. There are no attorney fees and the appraisal fee ($400) was paid by the County under a separate contract. FUNDING Funding in the amount of $210,000 has been budgeted for Right of Way in FY 14/15 from Traffic Impact Fees -District I I/ROW/26th St/43`d to 66th Ave, Acct #10215241- 066120-06011 113 f rc _r r€1r s u uq i ittc�r7 2`60 IEE"" Avenue February 2.4, 2015 Page 2 of RECOMMENDATIONS The Board's options include the following: Option 1: Staff recommends the Board approve the attached Contract for Sale and Purchase of the Savage property for $195,000 and authorize the Chairman to execute the contract on behalf of the Board. Staff further recommends that the Board direct that the needed right-of-way be taken from the property after purchase and to authorize sale of the remainder property via sealed bid or auction. Option 2: Reject the terms of the Agreement and continue to negotiate. ATTACHMENT 1. Two "Originals" of the Purchase Agreements DISTRIBUTION Christopher R. Mora, Public Works Director Louise Gates, Land Acquisition Specialist APPROVED AGENDA ITEM FOR: March 3, 2015 B v Indian River County Approved Date Administration Budget Z5 Legal Public Works Engineering z�aY�i 114 Original AGREEMENT TO PURCHASE, SELL, AND LEASE REAL ESTATE BETWEEN INDIAN RIVER COUNTY AND STEPHEN SAVAGE AND VICKY F. SAVAGE THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the day of March, 2015, by and between Indian River County, a political subdivision of the State of Florida ("the County"), and Stephen and Vicky F. Savage, husband and wife, who agree as follows: WHEREAS, Stephen and Vicky F. Savage owns property located at 2606 52nd Avenue, Vero Beach, Florida. A legal description of the property is attached to this agreement as Exhibit "A" and incorporated by reference herein; and WHEREAS, the County is purchasing right-of-way for the future expansion of 26th Street; and WHEREAS, in order to proceed with the road expansion plans, the County needs to purchase property to be used as right-of-way from landowners adjacent to 26th Street; and WHEREAS, the County has contacted Stephen and Vicky F. Savage and has offered to purchase the parcel as described on Exhibit "A" (the Property), and WHEREAS, the County is currently purchasing property/right-of-way from willing sellers; and WHEREAS, Stephen and Vicky F. Savage and the County, by entering into this agreement for sale and purchase of the Property; NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and SELLER agree as follows: 1. Recitals. The above recitals are affirmed as being true and correct and are incorporated herein 2. Agreement to Purchase and Sell. The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement that certain parcel of real property located at 2606 52nd Avenue, Vero Beach, Florida and more specifically described in the legal description attached as Exhibit "A", fee simple, all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Property"). 2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the property shall be $195,000 (One Hundred Ninety — Five Thousand Dollars). The Purchase 115 Original Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority. 3. Title. Seller shall convey marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of record or known to Seller, but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property ("Permitted Exceptions"). 3.1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County shall within fifteen (15) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing. 4. Representations of the Seller. 4.1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 4.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County. 4.3.1 There are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 5. Default. 5.1 In the event the County shall fail to perform any of its obligations hereunder, the Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice la 116 Original delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor any other person or party shall have any claim for specific performance, damages, or otherwise against the County, or (ii) waive the County's default and proceed to Closing. 5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance, damages or otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing: 6. Closing. 6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the execution of the contract by the Chairman of the Board of County Commissioners. The parties agree that the Closing shall be as follows: (a) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 3. (b) The Seller shall have removed all of its personal property and equipment from the Property and Seller shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereof. (c) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances. (d) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County an affidavit, in a form acceptable to the County, certifying that the Seller and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. (e) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. 6 Taxes. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the Seller. 7. Closing Costs; Expenses. County shall be responsible for preparation of all Closing documents. 7.1 County shall pay the following expenses at Closing: 117 Original 7.1.1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. 7.1.2 Documentary Stamps required to be affixed to the warranty deed. 7.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 7.2 Seller shall pay the following expenses at or prior to Closing: 7.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property. 8. Miscellaneous. Purchase to include refrigerator, range -oven, built-in microwave and dishwasher, as shown in appraisal dated February 12, 2015. The County will not be responsible in any claim or controversy arising out of or relating to any realtor fees from previous listing agreements. 8.1 Controllinq Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. 8.2 Condemnation. In the event that all or any part of the Property shall be acquired or condemned for any public or quasi -public use or purpose, or if any acquisition or condemnation proceedings shall be threatened or begun prior to the Closing of this transaction, County shall have the option to either terminate this Agreement, and the obligations of all parties hereunder shall cease, or to proceed, subject to all other terms, covenants, conditions, representations and warranties of this Agreement, to the Closing of the transaction contemplated hereby and receive title to the Property; receiving, however, any and all damages, awards or other compensation arising from or attributable to such acquisition or condemnation proceedings. County shall have the right to participate in any such proceedings. 8.3 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 8.4 Assignment and Binding Effect. Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 8.5 Notices. Any notice shall be deemed duly served if personally served or if mailed 4 118 Original by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows: If to Seller: Stephen and Vicky F. Savage 260652 nd Avenue Vero Beach, FL 32966 If to County: Indian River County 1801 27th Street Vero Beach, FL. 32960 Attn: Land Acquisition/Louise Gates Either party may change the information above by giving written notice of such change as provided in this paragraph. 8.6 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. 8.7 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses. 8.8. Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 8.9. County Approval Required: This Agreement is subject to approval by the Indian River County as set forth in paragraph 2. 8.10 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall provide a fully completed, executed, and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286.23 prior to approval of this Agreement by the County. However, pursuant to Florida Statutes Section 286.23 (3) (a), the beneficial interest in any entity registered with the Federal Securities and Exchange Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public, is exempt from disclosure; and where the Seller is a non-public entity, that Seller is not required to disclose persons or entities holding less than five (5%) percent of the beneficial interest in Seller. 119 Original IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Wesley S. Davis, Chairman Approved by BCC A ' L i "�-e4 Steph n Savage Date )14/Date* Vick` . Savage ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Los Deputy Clerk roved: A. 113alrd, County Administrator Approved as t F L gal Sufficiency: l oun Attorney 120 Original EXHIBIT "A" Lot 1, Block B, DODGERTOWN SUBDIVISION, according to the Plat thereof, recorded in Plat Book 3, Page(s) 49, of the Public Records of Indian River County, Florida. Parcel ID Number: 32-39-33-00003-0002-00001.0 Commonly known as: 2606 52nd Avenue 7 121 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director�yv�� FROM: Christopher J. Kafer, Jr., P.E., County Engined SUBJECT: FDOT Local Agency Program (LAP) Agreement and Resolution Authorizing the Chairman's Signature 87th Street from 101' Avenue to CR510 and 915` Avenue from 791h Street to 87th Street Sidewalks IRC Project No. 1205 - FM No. 431728-1-58/68-01 DATE: February 23, 2015 DESCRIPTION AND CONDITIONS Indian River County has been awarded a $1,211,453.00 Florida Department of Transportation (FDOT) Local Agency Program (LAP) Grant for construction of 6 -foot wide concrete sidewalks along the north right of way line of 87th Street from 101" Avenue to CR510 and along the east right of way line of 9111 Avenue from 79th Street to 87th Street, including drainage improvements, Swale grading, pavement markings and sodding of disturbed areas in Vero Lake Estates. Also included in the grant amount are Construction, Engineering and Inspection (CEI) services. FUNDING The federal funds appropriated for this FDOT LAP grant are in the amount of $1,211,453.00. The Engineering Division estimates the total cost for the construction and CEI charges to be approximately $1,211,453.00. Funding is budgeted and available from Optional Sales Tax Account No. 31521441-066510-15003, Vero Lake Estates Sidewalks. No matching funds are required for this grant. RECOMMENDATION Staff recommends approval of the Local Agency Program (LAP) Agreement FM No. 431728-1-58/68-01 and recommends adopting the Resolution and authorizing the Chairman to sign the Agreement. ATTACHMENTS Authorizing Resolution FDOT Local Agency Program (LAP) Agreement No. 431728-1-58/68-01 IRC Grant Form F:\PUBLIC WORKS\ENGINEERING DIVISION PROJECTS\1205-VERO LAKE ESTATES SWK-87TH ST 101ST AVE TO CRS10 (LAP)\ADMIM\AGENDA 122 ITEMS\BCC FOOT CO LAP AGREEMENT AND RESOLUTION MEMO 3-3-2015.DOC Page Two FDOT Local Agency Program (LAP) Agreement and Resolution Authorizing the Chairman's Signature For March 3, 2015 BCC Agenda DISTRIBUTION Florida Department of Transportation APPROVED AGENDA ITEM FOR March 3 2013 BY f �.4,1 Indian River County Approved Date Administration -) %� Budget n L Legal OaZ Z �� anapemeaL- IPublic Works Z v Engineering 51 F:\PUBLIC WORKS\ENGINEERING DIVISION PROJECTS\1205-VERO LAKE ESTATES SWK-87TH ST_101ST AVE TO CR510 (LAP)\ADMIM\AGENDA 123 ITEMS\BCC FOOT CO LAP AGREEMENT AND RESOLUTION MEMO 3-3-2015.DOC GRANT NAME: FDOT LAP 871 Street from 101" Avenue to CR 51(1 AMOUNT OF GRANT: $1.21L453-00 DEPARTMENT RECEIVING GRANT: Public Works GRANT # 431728-1-58/68-01 CONTACT PERSON: Christopher J. Kafer, Jr.. P.E. Count Engineer TELEPHONE: (772) 226-1221 1. How long is the grant for? Until June 30, 2017 Starting Date: Letting Date prior to 8/7/2015 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 No 4. Percentage of match to grant N/A 5. Grant match amount required 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? 7. Does the grant cover capital costs or start-up costs? If no, how much do you think will be needed in capital costs or start-up costs: (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? If yes, please list. (If additional space is needed, please attach a schedule.) Yes X No $ N/A Yes X No Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 1 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? $ 0 i Signature of Prepare( -00 Date: aG sZ ,? - /s 124 Grant Amount Other Match Costs Not Covered Match Total First Year $ 1,211,453.00 $ $ $ 1,211,453.00 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ do $ $ $ Fifth Year $ $ i Signature of Prepare( -00 Date: aG sZ ,? - /s 124 RESOLUTION NO. 2015 - RE OL TION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, WITH TH " RIDA DEPARTMENT OF TRANSPORTATION AUTHORIZING THE CHAIRMAN'S EXECUTION OF A LOCAL AGENCY PROGRAM AGREEMENT FOR CONSTRUCTION OF A 6 -FOOT WIDE CONCRETE SIDEWALK ALONG THE NORTH RIGHT OF WAY LINE OF 87TH STREET FROM 101ST AVENUE TO C.R. 510, AND ALONG THE EAST RIGHT OF WAY LINE OF 91ST AVENUE FROM 79TH STREET TO 87TH STREET IN VERO LAKE ESTATES. WHEREAS, the construction of sidewalks along the north right of way line of 87th Street from 10111 Avenue to CR510 and along the east right of way line of 911t Avenue from 791h Street to 87th Street and this is an Indian River County priority project; and WHEREAS, the Florida Department of Transportation (FDOT) is prepared to provide funds to pay a portion of the cost for construction of sidewalks along the north right of way line of 87th Street from 10111 Avenue to CR510 and along the east right of way line of 91St Avenue from 79th Street to 87th Street under the Local Agency Program (LAP); and WHEREAS, the State of Florida, Department of Transportation, has requested Indian River County execute and deliver to the State of Florida, Department of Transportation, a Local Agency Program Agreement for the aforementioned project; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to make, execute, and deliver to the State of Florida, Department of Transportation, a Local Agency Program Agreement for the aforementioned project. The foregoing resolution was offered by Commissioner adoption. The motion was seconded by Commissioner the vote was as follows: who moved its and, upon being put to a vote, Chairman Wesley S. Davis Vice -Chairman Bob Solari Commissioner Peter D. O'Bryan Commissioner Joseph E. Flescher Commissioner Tim Zorc The Chairman thereupon declared the resolution passed and adopted this day of 2015. BOARD OF COUNTY COMMISSSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Wesley S. Davis, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Wra It Form _ ega�hSufficiency Dylan Reingold, County Attorney F:\Public Works\ENGINEERING DIVISION PROJECTS\1205-Vero Lake Estates Swk-87th St_101st Ave to CR510 (LAP)\Admim\agenda items\Resolution LAP Agreement 3-3- 125 2015.doc STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-00 LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND ESTIMATES OGC-12/14 Page 1 FPN: 431728-1-58/68-01 Fund: TALL, TALT, SE FLAIR Approp: Federal No: 8886-444-A Org Code: 55043010404 FLAIR Obj.- bj:FPN: FPN: Fund: FLAIR Approp: Federal No: Org Code: FLAIR Obj: FPN: Fund: FLAIR Approp: Federal No: Org Code: FLAIR Obj: FPN: Fund: FLAIR Approp: Federal No: Org Code: FLAIR Obj: County No -.88 Contract No: Vendor No: F-596000673026 Data Universal Number System (DUNS) No. 80-939-7102 Local Agency DUNS No: 079208989 Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction THIS AGREEMENT, made and entered into this day of OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency Department, and Indian River County hereinafter called the Agency. WITNESSETH: by and between the STATE of the State of Florida, hereinafter called the WHEREAS, the Agency has the authority to enter into this Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under Section 339.12, Florida Statutes, to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in 87'" Street from 101st Avenue to CR -510 and as further described in Exhibit "A" attached hereto and by this reference made a part hereof, hereinafter called the "Project," and to provide Department financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the Project will be undertaken and completed. 1.01 Attachments: Exhibit(s) A,B, and 1 are attached and made a part hereof. 2.01 General Requirements: The Agency shall complete the Project as described in Exhibit "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. The Project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's Local Agency Program Manual, which by this reference is made a part hereof as if fully set forth herein. Time is of the essence as to each and every obligation under this Agreement. A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of this Agreement shall be in charge of the Project. Inactivity and Removal of Any Unbilled Funds Once the Department issues a Notice to Proceed (NTP) for the Project, the Agency shall be obligated to submit an invoice or other request for reimbursement to the Department for all work completed for the Project no less frequently than on a quarterly basis, beginning from the day the NTP is issued. If the Agency fails to submit quarterly (or more frequently than quarterly) invoices to the Department as required herein and in the event said failure to timely submit invoices to the Department results in FHWA removing any unbilled funding or in the loss of State appropriation authority (which may include the loss of state and Federal funds, if there are state funds programmed to the Project), then the Agency will be solely responsible to provide all funds necessary to complete the Project and the Department will not be obligated to provide any additional funding for the Project. The Agency waives the right to contest such removal of funds by the Department, if the removal is related to FHWA's withdrawal of funds or if the removal is related to the loss of State appropriation authority. In addition to the loss of funding for the Project, the Department will also consider the de- certification of the Agency for future LAP Projects. 126 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-D10-40 LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND ESTIMATES OGC- 12114 Page 2 Removal of All Funds If all funds are removed from the Project, including amounts previously billed to the Department and reimbursed to the Agency, and the Project is off the state highway system, then the department will have to request repayment for the previously billed amounts from the Agency. No state funds can be used on off -system projects. 2.02 Expiration of Agreement: The Agency agrees to complete the Project on or before June 30, 2017. If the Agency does not complete the Project within this time period, this Agreement will expire on the last day of the scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The cost of any work performed after the expiration date of this Agreement will not be reimbursed by the Department. 2.03 Pursuant to Federal, State, and Local Laws: In the event that any election, referendum, approval, permit, notice or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the Project hereunder or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.04 Agency Funds: The Agency shall initiate and prosecute to completion all proceedings necessary, including federal -aid requirements, to enable the Agency to provide the necessary funds for completion of the Project. 2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department and the Federal Highway Administration (FHWA) may require. The Agency shall use the Department's Local Agency Program Information Tool and applicable information systems as required. 3.00 Project Cost: 3.01 Total Cost: The total cost of the Project is $ 1,211.453.00. This amount is based upon the schedule of funding in Exhibit "B." The Agency agrees to bear all expenses in excess of the total cost of the Project and any deficits involved. The schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00. 3.02 Department Participation: The Department agrees to participate in the Project cost to the extent provided in Exhibit "B." This amount includes federal -aid funds which are limited to the actual amount of federal -aid participation. 3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date of this Agreement. It is understood that Department participation in eligible Project costs is subject to: a. Legislative approval of the Department's appropriation request in the work program year that the Project is scheduled to be committed; b. Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement; c. Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; and d. Department approval of the Project scope and budget at the time appropriation authority becomes available. 3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. 3.05 Multi -Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as 127 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040 LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND ESTIMATES OGC- 12114 Page 3 available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." 3.06 Notice -to -Proceed: No cost may be incurred under this Agreement until the Agency has received a written Notice - to -Proceed (NTP) from the Department. The Agency agrees to advertise or put the Project out to bid thirty (30) days from the date the Department issues the NTP to advertise the Project. If the Agency is not able to meet the scheduled advertisement, the District LAP Administrator should be notified as soon as possible. 3.07 Limits on Federal Participation: Federal -aid funds shall not participate in any cost which is not incurred in conformity with applicable Federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49 C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the Project or part thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not eligible, federal participation may be approved in the amount determined to be adequately supported and the Department shall notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation. Where correctable non-compliance with provisions of law or FHWA requirements exists, Federal funds may be withheld until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation in parcel or Project costs in part or in total. For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment, the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice. 4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a Project schedule of funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry out the Project, and shall incur obligations against and make disbursements of Project funds only in conformity with the latest approved schedule of funding for the Project The schedule of funding may be revised by execution of a LAP Supplemental Agreement between the Department and the Agency. The Agency acknowledges and agrees that funding for this project may be reduced upon determination of the agency's contract award amount. If revised, a copy of the Supplemental Agreement shall be forwarded to the Department's Comptroller. No increase or decrease shall be effective unless it complies with fund participation requirements of this Agreement and is approved by the Department's Comptroller. 5.00 Records: 5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for 5 years after the final payment is made. Copies of these documents and records shall be furnished to the Department upon request Records of costs incurred include the Agency's general accounting records and the Project records, together with supporting documents and records of the Agency and all subcontractors performing work on the Project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit of costs. If any litigation, claim or audit is started before the expiration of the 5 -year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 5.02 Costs Incurred for Project: The Agency shall charge to the Project account all eligible costs of the Project except costs agreed to be bome by the Agency or its contractors and subcontractors. Costs in excess of the programmed funding or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 5.03 Documentation of Project Costs: All costs charged to the Project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. 128 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-00 LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND ESTIMATES OGC- 12114 Pape 4 5.04 Audit Reports: The administration of resources awarded through the Department to the Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or limit the authority of any State agency inspector general, the State of Florida Auditor General or any other State official. The Agency shall comply with all audit and audit reporting requirements as specified below. a. In addition to reviews of audits conducted in accordance with OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, monitoring procedures may include but not be limited to on-site visits by Department staff and/or other procedures including, reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to Federal awards provided through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO) or State of Florida Auditor General. b. The Agency, a non -Federal entity as defined by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as defined by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, as a subrecipient of a Federal award awarded by the Department through this Agreement is subject to the following requirements: In the event the Agency expends a total amount of Federal awards equal to or in excess of the threshold established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, the Agency must have a Federal single or program -specific audit for such fiscal year conducted in accordance with the provisions of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with the provisions of 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. Exhibit 1 to this Agreement provides the required Federal award identification information needed by the Agency to further comply with the requirements of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and the requirements of 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. In determining Federal awards expended in a fiscal year, the Agency must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the Department by this Agreement. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMS Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014. An audit conducted by the State of Florida Auditor General in accordance with the provisions of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, will meet the requirements of this part. 2. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities as provided in OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as provided in 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, 3. In the event the Agency expends less than the threshold established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, in Federal awards, the Agency is exempt from Federal audit requirements for that fiscal year. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit(o,dot.state, fl.us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency expends less than the threshold established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F - Audit Requirements, for fiscal years beginning on or after December 26, 2014, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, for fiscal years 129 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-0to-40 LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND ESTIMATES OGC— 12f14 Paye 5 beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, for fiscal years beginning on or after December 26, 2014, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from the Agency's resources obtained from other than Federal entities). The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at https://harvester.census.gov/facweb/ the audit reporting package as required by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as required by 2 CFR Part 200, Subpart F — Audit Requirements, for fiscal years beginning on or after December 26, 2014, within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and for audits required by 2 CFR Part 200, Subpart F — Audit Requirements, for fiscal years beginning on or after December 26, 2014, and this Agreement. However, the Department requires a copy of the audit reporting package also be submitted to FDOTS ingleAudit(adot.state. fl. us within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period as required by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as required by 2 CFR Part 200, Subpart F — Audit Requirements, for fiscal years beginning on or after December 26, 2014. 5. Upon receipt, and within six months, the Department will review the Agency's audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this Agreement. If the Agency fails to have an audit conducted in accordance with OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, for fiscal years beginning on or after December 26, 2014, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance. 6. As a condition of receiving this Federal award, the Agency shall permit the Department, or its designee, the CFO or State of Florida Auditor General access to the Agency's records including financial statements, the independent auditor's working papers and project records as necessary. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. 7. The Department's contact information for requirements under this part is as follows: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSingleAudit(ab-dot. state. fl. us c. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department, or its designee, the CFO or State of Florida Auditor General access to such records upon request. The Agency shall ensure that the audit working papers are made available to the Department, or its designee, the CFO, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued unless extended in writing by the Department. 5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives and authorized agents of FHWA to inspect all work, workmanship, materials, payrolls, and records and to audit the books, records, and accounts pertaining to the financing and development of the Project. The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub- contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement (Section 287.058(1) (c), Florida Statutes) unless the records are exempt. 130 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040 LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND ESTIMATES OGG-12114 Page 6 5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right- of-way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be submitted to the Department no later than October 15 of each year. 6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses incurred shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof (Section 287.058(1)(a), Florida Statutes). All recipients of funds from this Agreement, including those contracted by the Agency, must submit bills for any travel expenses, when authorized by the terms of this Agreement, in accordance with Section 112.061, Florida Statutes, and Chapter 3 -"Travel" of the Department's Disbursement Operations Manual, Topic 350-030-400 (Section 287.058(1)(b), Florida Statutes). If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. 7.00 Department Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the Project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment if: 7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof or in or with respect to any document of data furnished therewith or pursuant hereto; 7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the Project, the Agreement or payments to the Project; 7.03 Approval by Department: The Agency shall have taken any action pertaining to the Project which, under this Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations without having been advised by the Department that same are approved; 7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained here in paragraph 12.07. 7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the Project which the FHWA, or the Department acting in lieu of FHWA, may designate as ineligible for federal -aid. 7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all Projects costs incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit "B" for the Project, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 7.08 Final Invoices: The Agency must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120 -day time period may not be paid. 131 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01440 LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND ESTIMATES OGC— 12!14 Pape ] 8.00 Termination or Suspension of Project: 8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected or the Department may terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. (a) If the Department determines that the performance of the Agency is not satisfactory, the Department shall notify the Agency of the deficiency in writing with a requirement that the deficiency be corrected within thirty (30) days of such notice. Such notice shall provide reasonable specificity to the Agency of the deficiency that requires correction. If the deficiency is not corrected within such time period, the Department may either (1) immediately terminate the Agreement as set forth in paragraph 8.(b) below, or (2) take whatever action is deemed appropriate by the Department to correct the deficiency. In the event the Department chooses to take action and not terminate the Agreement, the Agency shall, upon demand, promptly reimburse the Department for any and all costs and expenses incurred by the Department in correcting the deficiency. (b) If the Department terminates the Agreement, the Department shall notify the Agency of such termination in writing, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. (c) If the Agreement is terminated before the Project is completed, the Agency shall be paid only for the percentage of the Project satisfactorily performed for which costs can be substantiated. Such payment, however, shall not exceed the equivalent percentage of the contract price. All work in progress will become the property of the Department and will be turned over promptly by the Agency. 8.02 Action Subsequent to Notice -of -Termination or Suspension: Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to cavy out the actions required therein which may include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, Project activities and contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of which the financing is to be computed; (b) furnish a statement of the Project activities and contracts and other undertakings the cost of which are otherwise includable as Project costs. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and cost as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable time. The closing out of federal financial participation in the Project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.00 Contracts of Agency: 9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments thereto, with any third party with respect to the Project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with the Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the consultant selection process for all projects. In all cases, the Agency shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. 132 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-00 LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND ESTIMATES OGG- 12114 Pape 8 The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement_ In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. Furthermore, the Agency agrees that: (a) Each financial assistance agreement signed with a US -DOT operating administration (or a primary recipient) must include the following assurance: "The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 C.F.R. Part 26. The recipient shall take all necessary and reasonable steps under 49 C.F.R. Part 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts. The recipient's DBE program, as required by 49 C.F.R. Part 26 and as approved by Department, is incorporated by reference in this Agreement. Implementation of this program is a legal obligation and failure to cant' out its terms shall be treated as a violation of this Agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under 49 C.F.R. Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.)." (b) Each contract signed with a contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: "The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R. Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate." 11.00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local laws and regulations, including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions," in 49 C.F.R. Part 29, when applicable. 11.01 Performance Evaluation: Agencies are evaluated on a project -by -project basis. The evaluations provide information about oversight needs and provide input for the recertification process. Evaluations are submitted to the Agency's Responsible Charge or designee as part of the Project closeout process. The Department provides the evaluation to the Agency no more than 30 days after final acceptance. 11.02 Performance Evaluation Ratings: Each evaluation will result in one of three ratings. A rating of Unsatisfactory Performance means the Agency failed to develop the Project in accordance with applicable federal and state regulations, standards and procedures, required excessive District involvement/oversight, or the Project was brought in-house by the Department. A rating of Satisfactory Performance means the Agency developed the Project in accordance with applicable federal and state regulations, standards and procedures, with minimal District involvementloversight. A rating of Above Satisfactory Performance means the Agency developed the Project in accordance with applicable federal and state regulations, standards and procedures, without District involvementloversight. 11.03 Delegation of Authority: The District will determine which functions can be further delegated to Agencies that continuously earn Satisfactory and Above Satisfactory evaluations. 12.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 12.01 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin, disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that 133 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND ESTIMATES OGC— 12114 Page 9 employees are treated during employment without regard to their race, age, religion, color, gender, national origin, disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development of operation of the Project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 12.02 Title VI — Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations. 12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto. 12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. 12.06 Suspension, Revocation, Denial of Qualification or Determination of Contractor Non -Responsibility: An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non -responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. 12.07 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract or arrangement in connection with the Project or any property included or planned to be included in the Project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract or arrangement. The Agency shall insert in all contracts entered into in connection with the Project or any property included or planned to be included in any Project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer or employee of the Agency or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. 134 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525010-40 LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND ESTIMATES OGC-12J14 Page 10 12.08 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or any benefit arising therefrom. 13.00 Miscellaneous Provisions: 13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable environmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable permits. 13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any individual or entity not a party to this Agreement_ 13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. 13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the Project. 13.07 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the Project. The Department will review all plans and specifications and will issue to the Agency a written approval with any approved portions of the Project and comments or recommendations covering any remainder of the Project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency a written approval with said remainder of the Project. Failure to obtain this written approval shall be sufficient cause of nonpayment by the Department. The Agency will physically include Form FHWA-1273 in all its contracts and subcontracts. 13.08 Right -of -Way Certification: Upon completion of right-of-way activities on the Project, the Agency must certify compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or solicitation of bids for construction of the Project, including if no right-of-way is required. 13.09 Agency Certification: The Agency will certify in writing, prior to Project closeout that the Project was completed in accordance with applicable plans and specifications, is in place on the Agency's facility, adequate title is in the Agency's name, and the Project is accepted by the Agency as suitable for the intended purpose. 13.10 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 13.11 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original and such counterparts together shall constitute one and the same instrument. 135 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-0100 LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIA ESTIMATE SS OGC-12114 Page 11 13.12 Restrictions on Lobbying: Federal: The Agency agrees that no federally -appropriated funds have been paid, or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federally -appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this paragraph be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. State: No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a state agency. 13.13 Maintenance: The Agency agrees to maintain any project not on the State Highway System constructed under this Agreement. If the Agency constructs any improvement on Department right -of --way, the Agency ® will ❑ will not maintain the improvements made for their useful life. 13.14 Vendors Rights: Vendors (in this document identified as the Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has 30 working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not available within 40 days after receipt of the invoice and the receipt, inspection, and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3) (b), Florida Statutes, will be due and payable in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless the Agency requests payment. Invoices which have to be returned to the Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department The Vendor Ombudsman may be contacted at 850-413-5516. 13.15 Reimbursement of Federal Funds: The Agency shall comply with all applicable federal guidelines, procedures, and regulations. If at any time a review conducted by Department and or FHWA reveals that the applicable federal guidelines, procedures, and regulations were not followed by the Agency and FHWA requires reimbursement of the funds, the Agency will be responsible for repayment to the Department of all funds awarded under the terms of this Agreement. 136 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040 LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND ESTIMATES OGC- 72/74 Pape 13 IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. AGENCY Indian River County STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: By: Name: Wesley S. Davis Name: Gerry O'Reilly, P.E. Title: Chairman Title: Director of Transportation Development Attest: Title: -APPROVED AS TO FORM Legal I�e OS B�vi. E AL S FY E t' LAY I AM. r4, y- V,1111 1AC K. CIF"AAL Attest: Title: See attached Encumbrance Form for date of funding approval by Comptroller. 137 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01010 LOCAL AGENCY PROGRAM AGREEMENT SPECIFICATIONS AND ESTIMATES OGC-12114 Pepe 12 13.16 E- VERIFY The Agency: 1. shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by Agency during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 138 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525010-40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT vu Page 14 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES F P N: 431728-1-58/68-01 This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and Indian River County Dated PROJECT LOCATION: The project _ is ✓ is not on the National Highway System The project _ is ✓ is not on the State Highway System. PROJECT DESCRIPTION: 87th Street from 1015' Avenue to CR -510 SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where applicable, the amount of state funding action (receipt and disbursement of funds), any federal or local funding action, and the funding action from any other source with respect to the project. The Agency is required to provide a copy of the design plans for the Departments review and approval to coordinate permitting with the Department, and notify the Department prior to commencement of any right-of-way activities. The Agency shall commence the projects activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a) Study to be completed by N/A .b) Design to be completed by N/A c) Right -of -Way requirements identified and provided to the Department by N/A d) Right -of -Way to be certified by e) Construction contract to be let by 8/7/2015. f) Construction to be completed by 6/30/2017 If this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule or the project is subject to the withdrawal of federal funding. This Project is for reimbursement of Construction and CEI only in the year 2014/2015 in the amount of $1,211,453.00. Upon execution of this agreement by all parties the Department will provide the Agency ONE EXECUTED AGREEMENT and a NOTICE TO PROCEED. The Agency should not start any construction prior to the EXECUTED AGREEMENT and a NOTICE TO PROCEED. The Agency will only be reimbursed for costs incurred after the executed agreement date and prior to the agreement or time extension (if required by a request for a time extension from the Agency) date and fiscal year funding availability. Upon completion of the Project, the Agency is required to notify the Department of the date of completion and final invoicing. The Department may require an onsite inspection with the Agency. SPECIAL CONSIDERATIONS BY DEPARTMENT: 139 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01040 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT Page 15 EXHIBIT "B" SCHEDULE OF FUNDING AGENCY NAME & BILLING ADDRESS FPN: 431728-1-58/68-01 Indian River County 1801 27�' Street Vero Beach, FL 32960 PROJECT DESCRIPTION Name: 87'" Street Length: 3.006 Miles Termini: from 101' Avenue to CR -510 TYPE OF WORK Bv Fiscal Year FUNDING 0) TOTAL PROJECT FUNDS (2) AGENCY FUNDS (3) STATE & FEDERAL FUNDS Planning FY: FY: FY: Total Planning Cost Project Development & Environment (PD&E) FY: FY: FY: Total PD&E Cost Design FY: FY: FY: Total Design Cost Right -of -Way FY: FY: FY: Total Right -of -Way Cost Construction FY: 2014-2015 SE FY: 2D14-2015 TALL FY: 2014-2015 TALT FY: 2015-2016 TALL Total Construction Cost $142.008.00 $0.00 $142.008.00 $446,891.00 $0.00 $446,891.00 $324.053.00 $0.00 $324,053.00 $178,447.00 $0.00 $178.447.00 $1,091,399.00 $0.00 $1,091,399.00 Construction Engineering and Inspection (CEI) FY: 2014-2015 TALT FY: FY: Total CEI Cost Total Construction and CEI Costs S120.054.00 $0.00 $120.054.00 $120,054.00 $0.00 $120,054.00 $1,211 :45:3:.00 $0.00 $1,211,453.00 TOTAL COST OF THE PROJECT $1,211,453.00 $0.00 $1,211,453.00 The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after the 1 st of July of each fiscal year. The Department will notify the Agency, in writing, when funds are available. 140 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT EXHIBIT 1 FEDERAL FINANCIAL ASSISTANCE (SINGLE AUDIT ACT) FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: CFDA No.: 20.205 CFDA Title: Highway Planning and Construction Federal -Aid Highway Program, Federal Lands Highway Program CFDA Program Site: 1ittps:11www.cfda.govl Award Amount: $1211453.00 Awarding Agency: Florida Department of Transportation Award is for R&D: No Indirect Cost Rate: N/A 525.01040 SPECIFICATIONS AND ESTIMATES 1115 Page 16 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: 2 CFR Part 200 — Uniform Administrative Requirements, Cost Principles & Audit Requirements for Federal Awards http://wevw.ecfr.gov/ OMB Circular A-133, Audits of States, Local Governments and Non -Profit Organizations http l/www wliitehou-P qov/sites/defaLi]Ufiles/omb/assets/a133/a133 revised 2007-pdf OMB Circular A-133 Compliance Supplement 2014 http //www whitehouse.gov/onib/circulars/al33 compliance supplement 2014 FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT MAY ALSO BE SUBJECT TO THE FOLLOWING: OMB Circular A-87 (Revised), Cost Principles for State, Local and Indian Tribal Governments littp://www.whitehouse.gov/oiiib/cir-ctilars a087 2004/ OMB Circular A-102, Grants and Cooperative Agreements with State and Local Governments http://www-whitehouse.gov/onibicirct-ilai-s x102/ Title 23 — Highways, United States Code http://uscode liouse.gov/browse/prelim cDtitle23&edition=prelim Title 49 — Transportation, United States Code http://uscode house.qov/browse/prelim a title49&edition=prelim Map -21 — Moving Ahead for Progress in the 21s` Century, Public Law 112-141 http://,A✓ww qpo govlfdsys/pkq/PLAW-112pub1141/pdf/PLAW-112pub1141.pdf Federal Highway Administration — Florida Division http://wvvw.fhwa.dot.gov/fl(liv/ Federal Funding Accountability and Transparency Act (FFATA) Sub -award Reporting System (FSRS) https:/Iwww.fsrs.gov/ 141 AGENCY Indian River County FIN NUMBER 431728-1-58/68-01 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FEDERAL -AID PROJECT FUNDING REQUEST DATE 525-010-30 CONSTRUCTION oatoo Page 1 of 2 FEDERAL -AID PROJECT NUMBER 8886-444-A STATE JOB NUMBER TIP PAGE NUMBER PROJECT TITLE 871' Street Termini 1: from 101 Avenue to CR -510 Length: 3.006 Mile WORK PHASE: ❑ PLANNING 1-1 ENVIRONMENTAL 11 DESIGN CONSTRUCTION ❑ RIGHT OF WAY AWARD TYPE: Z LOCAL F-1 LOCAL FORCES ENVIRONMENTAL DOCUMENT: Mark the type of environmental document prepared, indicate the approval date, and the most recent reevaluation date. EIS approved on: and reevaluated on: EA /FONSI approved on: and reevaluated on: Categorical Exclusion: Programmatic Categorical Exclusion determination on: Type I Categorical Exclusion determination on: 1125/2014 Type II Categorical Exclusion determination on: Categorical Exclusion Reevaluation on: PHASE TOTAL ESTIMATED COST nearest Dollar LOCAL AGENCY FUNDS nearest Dollar STATE FUNDING nearest Dollar FEDERAL FUNDS (nearest Dollar) PERCENT OBLIGATION DATE FEDERAL Month / Year FUNDS PLANNING Sidewalk Roadway Width 11'- 12' travel lanes Number of Lanes 2 Bridge Numbers(s) on Pro'ect None PD&E TITLE:, Christopher J. Kafer, Jr. County Engineer DESIGN PHONE: 1801 27' Street 772-226-1221 CONST. $1091,399.00 $0.00 $0.00 $1,091,399.00 100 CEI $120,054.00 32960 LOCATION AND DESIGN APPROVAL: $120,054.00 100 TOTAL $1,211453.00 $0.00 $0.00 $1211453.Q0 100 DESCRIPTION OF EXISTING FACILITY (Existing Design and Present Condition) Roadway Width: 11'— 12' travel lanes Number of Lanes 2 Bridge Number(s) on Project None DESCRIPTION OF PROPOSED WORK ❑ New Construction ❑ 3-13 17 Enhancement F-1 Congestion Mitigation Sidewalk Roadway Width 11'- 12' travel lanes Number of Lanes 2 Bridge Numbers(s) on Pro'ect None LOCAL AGENCY CONTACT PERSON TITLE:, Christopher J. Kafer, Jr. County Engineer MAILING ADDRESS: PHONE: 1801 27' Street 772-226-1221 Vero Beach, FL 32960 AGENCY ZIP CODE: Indian River County 32960 LOCATION AND DESIGN APPROVAL: BY: Approving Authority TITLE: Chairman DATE:. 142 525-010-30 CONSTRUCTION 08100 Page 2 of 2 AGENCY: PROJECT TITLE: DATE: Indian River County 87th Street from 101 s1 Avenue to CR -510 ENVIRONMENTAL COMMITMENTS AND CONSIDERATIONS: An Environmental Determination was completed and approved for the Project. RIGHT OF WAY AND RELOCATION: No Right of Way acquisition is required for the Project. . THIS PROJECT HAS BEEN REVIEWED BY THE LEGISLATIVE BODY OF THE ADMINISTRATION AGENCY OR AGENCIES, OR ITS DESIGNEE, AND IS NOT INCONSISTANT WITH THE AGENCY'S COMPREHENSIVE PLAN FOR COMMUNITY DEVELOPMENT. DATE: By: AGENCY: Indian River County Wesley S. Davis, Chairman APPROVED AS TO ,Pi AN L.SU'F;CI-f' v — WILLIAM K. DE"AAL DEPUTY COUNTY ATTORtAFY 143 INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: February 17, 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 AW Subject: Wastewater Collection/Transmission Model -Work Order No.1 to Atkins DESCRIPTIONS AND CONDITIONS: Indian River County Department of Utility Services (IRCDUS) needs to update the existing wastewater system hydraulic model to reflect current GIS (Geographical Information System) data and better represent the current system configuration. The existing wastewater WaterCAD system model is outdated and does not reflect the current configuration. The previous update to the wastewater transmission system hydraulic model occurred in 2004. Since then, new development has occurred in the service area requiring additional wastewater infrastructure. In order to accurately evaluate the County's existing collection system, determine if any capacity deficiencies exist and plan for additional pipeline, storage and pump station capacity, an updated hydraulic model must be in-place. The purpose and goals of the System -Wide Hydraulic Wastewater Model Program are to: ➢ Comply with capacity assurance requirements. ➢ Develop and maintain a functional tool used to determine system capacity for existing and future flows during dry and wet weather conditions. ➢ Assist the County in meeting level of service performance objectives expected by customers. ➢ Develop a tool that will help the County determine required capital and operational improvements. ➢ Provide a tool for assisting the County in budgeting of infrastructure to effectively manage future development and economic growth. Staff requested that Atkins prepare a proposal to evaluate modeling the existing wastewater collection system. The scope of the evaluation is more specifically described in the attached Work Order No.1. Atkins has submitted Work Order No. 1 to evaluate and prepare a hydraulic model of the existing distribution system and calibrate the model. On November 4th, 2014, the Indian River 144 the existing distribution system and calibrate the model. 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 Atkins. The total negotiated cost for the hydraulic analysis and the calibration of the model is a lump sum amount of $ 53,793.83. A calibrated hydraulic model network of the wastewater system in WaterCAD v8 format with a Technical Memorandum summarizing the model updates, current wastewater flows, calibration data and recommendations for the existing condition scenarios will be submitted as part of the deliverables. 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 $53,793.83 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 $ 53,793.83 to Atkins. ATTACHMENT(s): 1. Work Order No.1 APPROVED FOR AGENDA: By JosepH A. Baird, County Administrator Milli' :J . lvlol._ Date Indian River Co. Administration App 2 ed Date �y Legal Budget Utilities y z I 4L 13 Utilities -Finance J:\Utilities\UTILITY - Engineering\WASTEWATER\Modeling\Admin\Agenda- Work Order No.1 to Atkins 02-17-15.doc 145 WORK ORDER NUMBER Wastewater Model Update 2015 This Work Order Number. is entered into as of this day of _, 201f;, 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 1 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 Atkins North America, 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 C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth In the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be Incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above, CONSULTANT: BOARD OF COUNTY COMMISSIONERS Atkins North America, Inc, OF INDIAN RIVER COUNTY By: Lr ' By: Title: e-411 TAYLGf , giy,r,a.+ Wesley S. Davis, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: J seph A, alyd, County Administrator Dylan T. Reingold, County Attorney 146 CONTINUING CONTRACT AGREEMENT WORK ORDER No. 1 SCOPE OF WORK Indian River County Utility Services Wastewater Hydraulic Model Update SCOPE OF WORK (SOW) Indian River County Utility Services (IRCUS) requires Atkins (Consultant) support for a wastewater transmission system hydraulic model update. The previous update to the wastewater transmission system hydraulic model occurred in 2004. Since then, new development has occurred in the service area requiring additional wastewater infrastructure. IRCUS requires an updated wastewater transmission system hydraulic model that reflects the existing transmission system. The scope is comprised of the following tasks: • Task 1 — Wastewater Transmission System Model Update • Task 2 — Wastewater Transmission System Model Calibration TASK 1 —WASTEWATER MODEL UPDATE 1.1 Update Wastewater Infrastructure Obtain, analyze, and incorporate the current development and current flows in the service area. Consultant will utilize existing GIS and record drawing data, as provided by the IRCUS. The hydraulic analysis will include recommended improvements where necessary to the impacted wastewater conveyance system. Task 1.2 Update Current Operational Procedures Update current operational procedures and settings for all lift stations in the wastewater service area (i.e. level settings, pump curves, wet well capacity, etc.). The model will be updated to best simulate field conditions, based on available data provided by IRCUS. Task 1.3 Flow Allocations Consultant will develop a return to sewer rate based on metered water demands compared to wastewater flow data. The calculated percentage will be applied to the metered water demand data allocated in the wastewater hydraulic model. The model will be set up to operate in an extended period simulation (EPS), based on run time, pressure and flow data as provided by IRCUS. A diurnal curve will be developed with peaking factors based on recent historical flow data (water meter data, WW pump station run times and flow meters). Individual pump station diurnals are not anticipated. Projected flow and scenarios will not be included under this SOW 147 TASK 2 — WASTEWATER MODEL CALIBRATION/ANALYSIS The wastewater hydraulic model shall be calibrated to observed actual conditions utilizing data derived from IRCUS's SCADA system. The model shall be calibrated within 10 percent of actual system wide wastewater flows based on an overall flow to each lift station service area. The calibration will include adjustments to diurnal patterns based on an average and maximum week condition. These periods shall be selected based on an analysis of historical flow meter data to determine the best applicable periods, as agreed to by the Consultant and IRCUS. Additional reference data may include wastewater pump station pressures and run times, where available. Required SCADA data shall include: • Overall wastewater flow data, including flow meter data for the past three years (WWTP/master meter flow). • Hourly wastewater flow data for a week recorded during typical average and maximum weeks (i.e. pump run times). • Pump station run times/periods — Operational logs of all pump stations, which indicates on/off condition for each pump station over a minimum period of 1 week. • Wastewater system pressure data points, where available. Once the model has been calibrated, it can be utilized to analyze existing capacity constraints in order to identify current and potential deficiencies within the wastewater transmission system. Working with IRCUS staff, Consultant will confirm trigger criteria for pump stations and force mains to determine available capacity; perform existing system analyses under peak flow conditions; and identify existing system deficiencies based on IRCUS design criteria. TASK 3 — TECHNICAL MEMORANDUM Technical Memorandum will be presented summarizing the model updates, current wastewater flows, calibration data and recommendations for the existing condition scenarios. TASK 4 — MEETINGS Three (3) meetings have been budgeted for under this SOW. ASSUMPTIONS Certain assumptions have been made in preparing this SOW. To the extent possible, they are stated herein, and are reflected in the budget for services. If the work required is different than that stated herein, the resultant changes in scope of work will serve as a basis for additional assignment as agreed to by both IRCUS and Consultant. The assumptions are as follows: • Equipment/pipeline updates will be provided by IRCUS in a geodatabase that can be imported into WaterCAD. 148 • Existing flows required for the model update will be provided by the IRCUS. This may include historical water meter data with a return to sewer rate to estimate flows. • The water meter data is spatially located in GIS and can be allocated to nearest node. • IRCUS will provide the updated plans for the facilities if changes have been made since the last model was created and are not included in the geodatabase. • Hydraulic model includes force mains only (no gravity sewer piping). • Calibration shall be based on selected week's data, as agreed with by the IRCUS. • IRCUS shall provide field data where required. Limited coordination efforts are included in this scope for field coordination. DELIVERABLES Atkins shall provide the following: • Updated calibrated hydraulic model for the wastewater conveyance system in WaterCAD software. Technical Memorandum summarizing the model updates, current wastewater flows, calibration data and recommendations for the existing condition scenarios. SCHEDULE It is assumed that all the requested information in this scope will be provided to the consultant in a timely manner and that this effort will be completed within six (6) months from date of execution of this agreement. COMPENSATION The compensation budget is $53,793.83 as presented in Attachment 1. 149 150 0 N T C 0 M m C m 0 0 O n�i cl X N 2Q A m -i W d 1J m m 3 T 3 3 3 O O Sm s a n R d D a 0 D a d C 33�Dcav c c 5 cd 3 m d D m m Vi d _ C 8 m A ti c a W O O N W O O a A D U N N A A N O 2 0 � 2 va m o m N rn W m O O O O O 0 c o C m A O m N �'imrnrnrWi�OSONNA pp_ p_ _pp rn O <n O O O O O o C m A W N V U W W W a W N lol m m o � N m N O 2 m w rn rn A m N o O g N m o W b 2 O d' m V d O O O O O C N D N C V � N � N m a O N N O O d Z O C � 0 O V A d 1tY tJ0 W ol W pO lv0 O W O W N U A orno (D VW t0 V N m 150 DATE: TO: THROUGH: FROM: SUBJECT: INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION February 23, 2015 BOARD OF COUNTY COMMISSIONERS Joseph A. Baird, County Admi Jason E. Brown, Budget Direcl Jennifer Hyde, Purchasing Ma CONSENT AGENDA Approval of Updated Agreement with K's Commercial Cleaning oil BACKGROUND: On February 10, 2015, the Board approved the selection of four firms to provide custodial services as a result of Request for Proposals 2015014, and also approved a proposed agreement for execution with each firm. At the recommendation of the Risk Management Division and our insurance agent, some modifications were made to Section 6 of to the agreement with K's Commercial Cleaning (selected for Group 1: Judicial Complex, which includes the Courthouse, Main Library and Administration Annex). RECOMMENDATION: Staff recommends the Board approve the attached updated agreement with K's Commercial Cleaning and authorize the Chairman to execute it after the County Attorney has approved them as to form and legal sufficiency. ATTACHMENTS: Proposed Agreement APPROVED AGENDA ITEM rseph aird, County Administrator FOR: Indian River Co App d Date Admin c r Legal Budget Public Works .24 / Risk 151 AGREEMENT BETWEEN OWNER AND CONTRACTOR CUSTODIAL SERVICES INDIAN RIVER COUNTY RFP N0. 2015014 THIS AGREEMENT for CUSTODIAL SERVICES ("SERVICES"), entered into as of this 3rd day of March , 2015 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, ("COUNTY"), and K's Commercial Cleaning, ("CONTRACTOR"). BACKGROUND RECITALS: A. Through the competitive Request for Proposal (RFP) process, the COUNTY has selected CONTRACTOR to provide custodial services at various facilities as more fully set forth in Exhibit 1 (Required Duties and Frequencies) and Exhibit 2 (Contractor's Price Proposal Form) attached to this Agreement and made a part hereof by this reference. B. The proposed work consists of scheduled custodial services at County - owned facilities, as described in the Request for Proposal document (RFP 2015014, issued on December 1, 2014, "RFP") ("Services"). C. The CONTRACTOR is willing and able to perform the Services for the COUNTY on the terms and conditions set forth below; and D. The COUNTY and the CONTRACTOR wish to enter into this Agreement for the Contractor's Services for the Project. NOW THEREFORE, in accordance with the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. GENERAL. 1.1 The Background Recitals are true and correct and form a material part of this Agreement. 1.2 CONTRACTOR will provide services at the following facilities: Group 1: 16th Street (Judicial) Complex: Main Library/1600 21st St., Vero Beach, FL Judicial Center/2000 16th Ave., Vero Beach, FL Administrative Annex/1028 20th Place, Vero Beach, FL Agreement — 1 152 2. COUNTY OBLIGATIONS. 2.1 The COUNTY will provide explanation of layout of individual buildings and familiarization with any restrictions. 2.2 The COUNTY shall provide training for operation of security systems. 2.3 The COUNTY shall provide emergency call list for all facilities. 2.4 The COUNTY shall provide the following supplies for utilization for restrooms and offices: a. Paper towels for dispensers b. Toilet paper C. Trash can liners d. Hand soap for dispensers 3. RESPONSIBILITIES OF THE CONTRACTOR. 3.1 The CONTRACTOR agrees to provide the services in accordance with the scope of the RFP. 3.2 The CONTRACTOR shall, during the entire term of this Agreement, procure and keep in full force, effect, and good standing any and all necessary licenses, registrations, certificates, permits, and any and all other authorizations as are required by local, state, or federal law, in order for the CONTRACTOR to render its Services as described in this Agreement. 3.3 A list of holidays the service will not be provided for the term of the Agreement is attached as Exhibit 3. 3.4 The CONTRACTOR shall be responsible for any and all damage to COUNTY equipment, furnishings and facilities directly attributable to his or her negligence or cleaning practices. 3.5 CONTRACTOR shall provide all necessary equipment to execute the work under this Agreement. Such equipment shall be maintained and operated in a safe manner at all times. a. Vacuums used shall be equipped with HEPA filters. CONTRACTOR shall have available a log showing the date and responsible party for replacing the filter cartridge. 3.6 To insure the safety of the public and the employees of Indian River County as the occupants of County facilities, it shall be the policy of Indian River County that the use of any chemicals or materials used in the cleaning and maintenance of County facilities be certified green. If it is determined for sanitary reasons that a non- green product must be used, then it shall only be utilized at times when the employees and public are not within the confines of the facilities being cleaned or sanitized. Agreement — 2 153 CONTRACTOR shall provide a list of materials used in their daily cleaning routine and provide evidence of their certification as being a green product. 3.6 No person shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in regard to the Services to be performed by CONTRACTOR under this Agreement. CONTRACTOR does hereby covenant and agree that in connection with the furnishing of Services to the COUNTY, it shall not discriminate on the basis of race, color or national origin, sex, sexual orientation, gender identity, age and/or disability. Through the course of providing the Services to the County, CONTRACTOR shall affirmatively comply with all applicable provisions of Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987 and the Florida Civil Rights Act of 1992, as well as all other applicable regulations, guidelines and standards. 3.7 The CONTRACTOR will cooperate fully with the COUNTY in order that all work may be properly scheduled and coordinated. 3.8 The CONTRACTOR shall not assign or transfer any work under this Agreement without the prior written consent of the COUNTY. 4. TERM OF AGREEMENT. 4.1 This Agreement shall remain in effect for a term of one year, unless otherwise sooner terminated as provided herein. The Initial Term may be extended by mutual consent of the parties hereto for a maximum two additional one-year terms. COMPENSATION. 5.1 CONTRACTOR shall bill the COUNTY monthly, after completion of work. All payments for services shall be made to the CONTRACTOR by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). No advance or prepayment will occur. 5.2 Adjustments shall be made to compensation due under any of the following circumstances: a. If any work which is scheduled for daily, weekly or monthly performance is omitted or unsatisfactorily performed, the CONTRACTOR will be notified in writing of the failure or omission. An adjustment or deduction may be made from any monies due or to become due the CONTRACTOR. Adjustments or deductions will be consistent with the per square foot rate for the building the deficiency occurs and for the period of time the deficiency remains uncorrected. b. In the instance where room cleaning has not been satisfactorily performed or portions of the work have been omitted or improperly performed a deduction will be made for the entire room. Agreement — 3 154 6. INSURANCE AND INDEMNIFICATION 6.1 The CONTRACTOR shall not commence work on this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the COUNTY's Risk Manager. 6.2 CONTRACTOR shall procure and maintain, for the duration of this Agreement, the minimum insurance coverage as set forth herein: 6.2.1 Workers' Compensation: To meet statutory limits in compliance with the Workers' Compensation Law of Florida. This policy must include employers' liability with a limit $1,000,000 for each accident, $500,000 disease policy limit and $100,000 disease each employee. 6.2.2 General Liability: A per occurrence form policy with a combined single limit of not less than $1,000,000 general aggregate. Coverage shall include all subcontractors and independent contractors. 6.2.3 Business Automobile Liability: Coverage shall include Owned vehicles and Hired/Non-Owned vehicles, for a combined single limit (bodily injury and property damage) of not less than $1,000,000/combined single limit (Bodily Injury/Property Damage); personal injury protection -- statutory limits; $100,000 uninsured/underinsured motorist; $100,000/hired/non-owned auto liability. 6.3 Contractor's insurance coverage shall be primary. 6.4 All required insurance policies shall be placed with insurers licensed to do business in Florida and with a Best's rating of A- VII or better. 6.5 The insurance policies procured shall be occurrence forms, not claims made policies. 6.6 A certificate of insurance shall be provided to the COUNTY's Risk Manager for review and approval, ten (10) days prior to commencement of any work under this Agreement. The COUNTY shall be named as an additional insured on all policies except workers' compensation and professional liability. 6.7 The insurance companies selected shall send written verification to the COUNTY's Risk Manager that they will provide 30 days prior written notice to the COUNTY's Risk Manager of its intent to cancel or modify any required policies of insurance. 6.8 The COUNTY, by and through its Risk Manager, reserves the right periodically to review any and all policies of insurance and to reasonably adjust the limits of coverage required hereunder, from time to time throughout the term of this Agreement. In such event, the COUNTY shall provide the CONTRACTOR with separate written notice of such adjusted limits and CONTRACTOR shall comply within thirty (30) days of receipt thereof. The failure by CONTRACTOR to provide such Agreement — 4 155 additional coverage shall constitute a default by CONTRACTOR and shall be grounds for termination of this Agreement by the COUNTY. 6.10 The CONTRACTOR and its subcontractors and independent contractors shall indemnify and hold harmless the COUNTY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, arising out of or related to the negligence, recklessness, or intentionally wrongful conduct of the CONTRACTOR and other persons employed or utilized by the CONTRACTOR in the performance of this Agreement. 7. TERMINATION. 7.1 This Agreement may be terminated: (a) by the COUNTY, for any reason, upon sixty (60) days' prior written notice to the CONTRACTOR; or (b) by the CONTRACTOR, for any reason, upon sixty (60) days' prior written notice to the COUNTY; or (c) by the mutual agreement of the parties; or d) as may otherwise be provided below. In the event of the termination of this Agreement, any liability of one party to the other arising out of any Services rendered, or for any act or event occurring prior to the termination, shall not be terminated or released. 7.2 In the event of termination by the COUNTY, the COUNTY's sole obligation to the CONTRACTOR shall be payment for those portions of satisfactorily completed work. Such payment shall be determined on the basis of the hours of work performed by the CONTRACTOR, or the percentage of work completed as estimated by the CONTRACTOR and agreed upon by the COUNTY up to the time of termination. In the event of such termination, the COUNTY may, without penalty or other obligation to the CONTRACTOR, elect to employ other persons to perform the same or similar services. 7.3 The obligation to provide services under this Agreement may be terminated by either party upon seven (7) days prior written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the terminating party. 7.4 In the event that the CONTRACTOR merges with another company, becomes a subsidiary of, or makes any other substantial change in structure, the COUNTY reserves the right to terminate this Agreement upon 30 days written notice. 7.7 The COUNTY may terminate this Agreement in whole or in part if the CONTRACTOR submits a false invoice to the COUNTY. Agreement — 5 156 8. MISCELLANOUS PROVISIONS. 8.1 Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the CONTRACTOR or employees of the Contractor are in no way to be considered employees of the COUNTY, but are independent contractors performing solely under the terms of the Agreement and not otherwise. 8.2 Request for Proposals. It is specifically understood and acknowledged by the parties hereto that all of the requirements set forth in the Request for Proposals dated December 1, 2014 (including addenda 1 through 3 ) shall be incorporated herein. 8.3 Merger; Modification. Except as set forth in Section 8.2 above, this Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the CONTRACTOR and the COUNTY. 8.4 Governing Law; Venue. This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 8.5 Remedies; No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. Each right, power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent delinquency or default. A party's waver of one or more defaults does not constitute a waver of any other delinquency or default. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 8.6 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. Agreement — 6 157 8.7 Availability of Funds. The obligations of the COUNTY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 8.8 No Pledge of Credit. The CONTRACTOR shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. 8.9 Public Records. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The CONTRACTOR shall comply with Florida's Public Records Law. Specifically, the CONTRACTOR shall: 8.9.1 Keep and maintain public records that ordinarily and necessarily would be required by the COUNTY in order to perform the service. 8.9.2 Provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records and at a cost that does not exceed the cost provided in chapter 119 or as otherwise provided by law. 8.9.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. 8.9.4 Meet all requirements for retaining public records and transfer, at no cost, to the COUNTY all public records in possession of the CONTRACTOR upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the information technology systems of the COUNTY. 8.9.5 Failure of the CONTRACTOR to comply with these requirements shall be a material breach of this Agreement. The CONTRACTOR shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement. 8.10 Notices: Any notice, request, demand, consent, approval, or other communication required or permitted by this Agreement shall be given or made in writing and shall be served, as elected by the party giving such notice, by any of the following methods: (a) Hand delivery to the other party; (b) Delivery by commercial overnight courier service; or (c) Mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown below: County: Indian River County Attn: Chris Burr 4305A 43rd Avenue Vero Beach, FL 32967 Facsimile: (772) 226-3495 Agreement — 7 158 Contractor: K's Commercial Cleaning Attn: Chang P. Kwack 9244 Short Chip Circle Port St. Lucie, FL 34986 Notices shall be effective when received at the address as specified above. Facsimile transmission is acceptable notice effective when received, provided, however, that facsimile transmissions received (i.e., printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next day that is not a weekend day or a holiday. The original of the notice must additionally be mailed. Either party may change its address, for the purposes of this section, by written notice to the other party given in accordance with the provisions of this section. 8.11 Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by CONTRACTOR shall survive the termination or expiration of this Agreement. 8.12 Construction. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such Sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the party or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's-length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement 8.13 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 8.14 Sovereign Immunity. Nothing in this Agreement is intended to, or shall be interpreted to, constitute a waiver or limitation of the COUNTY's sovereign immunity. Agreement — 8 159 IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. K's Commercial Cleaning By: Printed nam �', f Title:-4�Xs� ✓:tri�; f Date - ' (T – , /�— INDIAN RIVER COUNTY By its Board of County Commissioners By Wesley S. Davis, Chairman Date Approved by BCC: 3/3/15 Attest: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Deputy Clerk pproved: > Joseph A. Baird County Administrator Approved as to form and legal sufficiency: ylan Reingold County Attorney Agreement – 9 160 Exhibit 1 Required Duties and Frequencies Agreement — 10 161 Required Duties and Frequencies The following list represents the minimum allowable standards for duties to be covered by this service contract. Some buildings may require more frequent attention due to operating hours/days, traffic or specific use patterns. Proposals should be provided that ensure that acceptable standards are met and adjustment to frequencies can be made in order to maintain these standards. The County shall be the sole determination of acceptable standards. Minimum Allowable Frequencies Daily - Offices, Hallways and Common Areas Empty trash cans; replace liners, police building perimeter for trash Empty and clean ashtrays and trash receptacles at entrances (big and small) • Clean and sanitize drinking fountains and public telephones • Spot clean walls, doors, trim and switch plates • Clean elevator walls, floors, doors and door tracks • Clean entrance doors and surrounding glass (inside and out). Empty recycle containers and place materials in designated bins outside the building Empty wastebaskets and remove trash from building (replace liners) Vacuum all floors and corridors (both carpet and tile) throughout building Daily - Restrooms • Remove Trash Restock Paper Towels Restock Toilet Paper Refill Soap Dispensers Clean Mirrors Damp Wipe Counters and Sinks Sanitize Toilets Sanitize Urinals • Clean Toilet Partitions Sweep and Damp Mop Floors • Scrub Floors under Urinals Clean Stainless with Stainless Cleaner Agreement - 11 162 Weekly • Spot clean all floors, including all offices Dust all Flat Surfaces Monthly Dust all a/c vents and wall mounted fixtures in all corridors and offices Clean mildew off outside metal doors • Dust all furniture and window ledges Damp wipe and sanitize inside and outside of waste receptacles Wash and spray buff all vinyl floors in kitchen and elevators Quarterly • Strip and wax tile floors • Dust light fixtures, window wills and blinds Daytime Building Attendants: 16th St. Complex (Judicial Complex and Main Library) and Administration Complex (Administration Buildings A and B and Health Department) For Group 1: 16th Street Complex and Group 2: Administrative Complex, the awarded contractors shall provide and include their submitted monthly cost an employee (minimum of 6 hours per day) for the purpose of attending to the daytime custodial needs of specified buildings as a part of this proposal. This person must be able to speak and understand English. Attendant Duties: The attendant position is to supplement the Contractor's work staff by attending to restrooms and other heavily used public areas while the building is open. The attendant's duties shall not impede or significantly interfere with the operation of the building. However, temporary closing of restrooms for cleanup will be allowed. Examples of other duties: • Check and refill soap dispensers, toilet paper and paper towel dispensers. Cleanup of spills and other emergency type cleaning duties. Keep entrance doors and windows clean. Empty trash and smoke receptacles at entrances. • Dust baseboards and conference room furniture when not occupied. Perform duties outlined in the daily, weekly or quarterly duties that do not adversely affect the occupants, or visitors to the building. Agreement — 12 163 Exhibit 2 Contractor's Submitted Price Proposal Form Agreement — 13 164 2015014 RFP for Custodial Services PROPOSAL PRICING — 2015014 Custodial Services for County Buildings Proposers may submit pricing on one or more groups, however no company will be awarded more than one group. ;Facil't Group 1: Judicial Complex: ONE=Group $ C ,c v Main Library $ Judicial Center $ Main Library $ $ -- J Administration Annex $ h $ Total for Group 1: Judicial Complex $ _ Ci L; u, $ -2-Ll Group 2: Administrative Complex: County Administration Buildings A & B $ $ Health Department $ $ Total for Group 2: Administrative Complex $ $ Group 3: 43` Avenue Complex 43rd Ave. Administration Annex $ $ Emergency Operations Center $ $ Traffic Operations Center $ $ Sheriff's Administration Buildings $ $ Sheriff's Human Resources (modular) $ $ Sheriff's Crime Scene Facility $ $ Total for Group 3: 43` Avenue Complex $ $ Group 4: North County Facilities North County Library $ $ North County Offices $ $ Total for Group 4: North County Facilities $ $ �F*aeil'tr Y 1: Judicial Complex: Judicial Center ONE=Group $ C ,c v Main Library $ Administration Annex $ Group 2: Administrative Complex: County Administration Buildings A & B $ Health Department $ Page 21 of 22 165 2015014 RFP for Custodial Services Group 3: 43' Avenue Complex 43rd Ave. Administration Annex $ Emergency Operations Center $ Traffic Operations Center $ Sheriff's Administration Building $ Sheriff's Human Resources (modular) $ Sheriff's Crime Scene Facility $ Group 4: North County Facilities North County Library $ North County Offices $ The undersigned hereby certifies that they have read and understand the contents of this solicitation and agree to furnish at the prices shown above all of the services specified in the RFP document, subject to all instructions, conditions, specifications and attachments hereto. Failure to have read all the provisions of this solicitation shall not be cause to alter any resulting contract or request additional compensation. 9-1 S )'Tr'11 e rc 7 (L � � f✓(�m' oZ .- G' r . Name of Firm f / Ad ress r fi_ 5 l �,u f Authorized S gnat City, State, Zip Code Title Phone I c lila 3 � f'! L ' o itit Date Signed E-mail Page 22 of 22 Exhibit 3 Scheduled Holidays Agreement — 16 167 The following Holidays will be observed during the initial term of the agreement (March 1, 2015 through February 29, 2016) Good Friday Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Christmas Eve Christmas Day New Year's Day Friday, April 3, 2015 Monday, May 25, 2015 Friday, July 3, 2015 Monday, September 7, 2015 Wednesday, November 11, 2015 Thursday, November 26, 2015 Friday, November 27, 2015 Thursday, December 24, 2015 Friday, December 25, 2015 Friday, January 1, 2016 Agreement — 17 168 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E. Public Works Director FROM: James D. Gray, Jr.`D Coastal Engineer �J SUBJECT: Sector 3 Dune Repair Project Partial Release of Retainage Guettler Brothers Construction, LLC DATE: February 24, 2015 DESCRIPTION AND CONDITIONS Indian River County has contracted with Guettler Brothers Construction, LLC. (Guettler) for construction services in connection with the Sector 3 Dune Repair Project, County Project No. 0928 — A. To date over fifty percent (50%) of the contracted work has been satisfactory completed. Under the terms of the contract and in accordance with the provisions of the Local Government Prompt Payment Act, F.S. 218.70 et. Seq., Guettler may request a partial release of withheld retainage following fifty percent (50%) project completion. Guettler has submitted Application for Payment No. 5 requesting fifty percent (50%) or $98,486.10 of the currently withheld retainage of $196,972.20. FUNDING Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue as well as allocation of the One Cent Sales Tax. Funding is budgeted and available for construction of the Sector 3 Dune Repair Project in the Beach Restoration Fund, Sector 3 Renourishment — Post Hurricane Sandy Account No. 12814472-066510-13014. Funding for the release of retainage is from Account No. 128206002-13014. FAPublic WorksJamesG\Sector 3 Repair Project\Application for Payment\Sector 3 Dune Repair Project GBC Partial Release of Retatinage 3-3-15.docx 169 Page 2 Agenda Item for 3-3-15 BCC Meeting Sector 3 Dune Repair Project — Partial Release of Retainage February 24, 2015 RECOMMENDATION Staff recommends that the Board approve partial release of retainage and Application for Payment No. 5 in the amount of $98,486.10. The County's coastal engineering consultant, CB&I Coastal Planning and Engineering, has also recommended partial release of retainage. Upon acceptance and satisfaction of all requirements of the contract documents a request for the release of the remaining withheld retainage will be presented to the Board for approval. ATTACHMENT 1. Sector 3 Dune Repair Project - Application for Payment No. 5 APPROVED AGENDA ITEM Indian River County Approved Date Administration W, 44y,0 %5 Budget Legal �J Public Works CIVII, x �y Coastal Engr. Division JVC, F:\Public Works\JamesG\Sector 3 Repair Project\Application for Payment\Sector 3 Dune Repair Project GBC Partial Release of Retatinage 3-3-15.docx 170 SECTION 00622 - Contractor's Application for Payment Indian River County Sector 3 Dune Repair Project Application for Payment No. 5. For Work Accomplished through the period of 01/05/15 through 02/05/15 To: Indian River County (OWNER) From: Guettler Brothers Construction. LLC (CONTRACTOR) Bid No.: 2014037 Project No,: 0928 - A 1) Attach detailed schedule and copies of all paid invoices. 1. Original Contract Price: $3,076,920.00 2. Net change by Change Orders and Written Amendments (+ or -): 0.00 3. Current Contract Price (1 plus 2): $3,076,920.00 4. Total completed and stored to date: $1,969,722.00 5. Retainage (per Agreement): 10% of completed Work: 5% of retainage: 198,486.10 Total Retainage: $98.486.10 6. Total completed and stored to date less retainage (4 minus 5): $1.871.235.90 7. Less previous Application for Payments: $1,772.749.80 8. DUE THIS APPLICATION (6 MINUS 71: Ctoa Aaa In CONTRACTOR'S CERTIFICATION: UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that (1) the labor and materials listed on this request for payment have been used in the construction of this Work; (2) payment received from the last pay request has been used to make payments to all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, below; (3) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (4) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective; and (5) If this Periodic Estimate is for a Final Payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full, and that all taxes imposed by Chapter 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and discharged, and that I have no claims against the OWNER. Attached to or submitted with this form are: 1. Signed release of lien forms (partial or final as applicable) from all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, together with an explanation as to why any release of lien form is not included; , INDIAN RIVER COUNTY PUBLIC WORKS APPROVED 1 DATE DIRECTOR DIS'. HEAD P.O. # P-� ACCT. # i�,0_6 00 -130 age 2 of 5 00622-1 Pay App #5 - Cove rsheets MU08SWctive JOWIRC Dune RepaiAPay AppsVPay App #Way App #5 - Coversheets.docx Rev, 05/01 171 2. Updated Construction Schedule, and Dated 02/05/15 STATE OF FLORIDA COUNTY OF INDIAN RIVER By: (CONT CTOR — must be signed by an Officer of the Corporation) Ben Guettler, Manager Print Name and Title Before me, a Notary Public, duly commissioned, qualified, and acting, -,personally appeared who being by me first duly sworn upon oath, says that he/she is the &V, of the CONTRACTOR mentioned above and that he/she has been duly authorized to act on behalf of it, and that he/she executed the above Contractor's Application for Payment and Contractor's Certification statement on behalf of said CONTRACTOR; and that all of the statements contained herein are true, correct, and complete. Subscribed and sworn to before me this 5th day of February, 2015._ Ben Guettler is personally known" to me or has produced ( Y.°ve,, SE ., SRkPohl M. MOFIRI8 � hdy Gut4,.iS60,1 I FF 138734 * * EXPIRES: July 31, 2018 11_6E.71101! BoldedThruBu*tNWYSmkeS as identification. NOTARY PUBLI Printed name: //�• Co ission No.: FF 136734 Commission Expiration: 07-31-18 ww*wwwwwwwwwwwwww,rwww*w*wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww*www*wwww*ww�rwwwwwww*wwwwwwwwww**ww�rww [The remainder of this page was left blank intentionally] Pay App #5 - Coversheets 00622-2 Za01J0BS1AcI1ve JOWIRC Dune Repalr\Pay Apps\Pay App #51Pay App #5 - Coversheels.docx Rev. 05/01 172 I T I. Page 3of5 i SURETY'S CONSENT OF PAYMENT TO CONTRACTOR: Tile Surety, Hartford Fire Insurance Company ww*w**wwX**Kw***w**,:'w*********w**9Y1'.:d**Ki:w`KwK*wK*K****K**w***ww*w*w***Kww*w**Yr*tl'*•***0.'K**Xw*t** **K**w*w**wt******Or**KkX*w**K***XKK•iR**wO:Xt*:R%XRXK*XXX7r**XRX*9r*dkX*k*ir%****:fwXXY.'F ,a corporation, in accordance with Public Construction Bond Number 21BCSFY3557, hereby consents to payment by the OWNER to the CONTRACTOR, for the amounts specified In this CONTRACTOR's APPLICATION FOR PAYMENT, TO BE EXECUTED BY CORPORATE SURETY: Attest: SEE ATTACHED POWER OF ATTORNEY Hartford Fire Insurance Company Secretary Corporate Surety One Hartford Plaza Hartford, -CT 66155 Business Address BY: Print Name: Gerald J. Arch Title: Attorney -In -Fact (Affix Corporate SEAL) STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared Gerald J. Arch , to me well known oPC7V0+1?MpW0D0G0(X'x xxxxxxxxxxxx-.�c,\xxxxxxxxxxxxxxxxxNgNMNKtWMI&>; who being by me first duly sworn upon oath, says that he/std is Flarfe hire Attorney -In -Fact for and that he/she has been authorized byinslir-R -Pap Itto approve payment by the OWNER to the CONTRACTOR of the foregoing Contractor's Application for Payment- Subscribed aymentSubscribed and sworn to before me this Loth day of February , 2015 fic, State of Alorida s ywCotrlrrfijission Expires: May 16, 2017 may I6, 2017 W FF18951 a www**w*war#ww,t*www*w**�-k*�r� �irX��tvw* v�'kX�rXi�r*Xwrr*XwW*whltr*wXX%,�•K*x,vw,rw*kXfwt*w,�,vwrr*�s1�i�**,rX!-v�x*,s1t*w [The f��Oi tis page was left blank Intentionally] Pay App 06 - Covershools 00622-3 .2.161J0D61A0Ivo Joa311RC Dune Ropm Way AppsWiry App WHY App N5 - CoV-T4Woft 11.CX Rol, 06101 Direct Inquiries/Claims to: POWER GF ATTORNEY THE HARTFORD �° tlPlaza Hartford, Connecticut 06165 call: 888-266-3488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 21-220140 _ X� Hartford Fire insurance Company, a corporation chily organized under the laws of the Stale o1 Connecticut O Hartford Casualty Insurance Company, a corporation duly organized under the; laws of die State of Indiana X� Hartford Accident and Indemnity Company, it corporation duly urgutniUd under the laws urthe state orConnecticul O Hartford Underwriters Insurance Company, it corporation (fitly organized under the laws of the Slate orconnecticut Twin City Fire Insurance Company, it corporation duty organized under the laws of the Stale of Indiana O Hartford insurance Company of Illinois, a corporation duly organizut under the laws of the Stnte of Illinols Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the state or Indiana O Hartford Insurance Company of the Southeast, a corporation chily organized under the laws ol'the State of Florida having their home office In Hartford, Connecticut, (hereinafter collectively referred to as the `Companies') do hereby make, constitute and appoint, up to the amount of unlimited: Gerald J. Arch, James F. Murphy, Michael A. Holmes Of Ft. Lauderdale, FL their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written Instruments In the nature thereof, on behalf of the Companies In their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. It Is agreed that the Power and Authority given to the Attorneys In Fact will remaln In full force and effect as to the City of Fort Lauderdale and cannot be modified or revoked unless prior written notice of revocation of said power by registered mall is delivered to the City of Fort Lauderdale. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on August 1, 2009, the Companies have caused these presents to be signed by its Vice Presldenl and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. �S,W.,rMl�• �,` tLQP� ��� !'eyNi�n ,}sAl•O4 `��� ^llAl11M\fC �•rwN ,sy tpTO � c �1090� ]979 Wesley W. Cowling, Assistant Secretary M. Ross Fisher, Vice President STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD ) On this 12' day of July, 2012, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that (s)he resides in the County of Hartford, State of Connecticut; that (s)he Is the Vice President of the Companies, the corporations described in and which executed the above Instrument; that (s)he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that (s)he signed his/her name thereto by like authority. �;�� yea ..r>ww , Knthkcn'r. Maynord Ndarg Pablio CERTIFICATE My Commission Expires July 31, 2016 I, the undersigned, Vlce President of the Corrppp�tlrf DO HEREBY CERTIFY that the above acrd foregoing Is a true and correct copy of the Power of Attorney executed by said Companies, which ir��ctlll'(h;u ,iye�jecfrve as of February 10, 2015. Signed and sealed at the City of Hartford. �t�e, '� "'•' � Nlri.9sµ". � heu.>•' �r � tp70 b� x�a90�� 4 7'f • F� � ^�+IA i � • �e„'et1�0,1 'pM1f. Gary W. Stumper, Vice President 174 I t ATTACHMENT A 1. List of all subcontractors, laborers, materialmen and suppliers who have not been paid from the payment received from the last Pay Request and the reason why they were not paid (attach additional pages as necessary): 2. List of all subcontractors, laborers, materialmen and suppliers for which a signed release of lien form (partial or final as applicable) is not included with this Pay Request, together with an explanation as to why the release of lien form is not included (attach additional pages as necessary): Pay App #5 - Coversheets 00622-5 1 �7 G 7:101 JOBS1Aclive JobsURC Dune RepairlPay AppWay App#WApp #5 - Coversheets.dcex Rev. 05101 1 / J Page 4 of 5 CERTIFICATION OF ENGINEER: certify that I have reviewed the above and foregoing Periodic Estimate for Partial Payment; that to the best of my knowledge and belief it appears to be a reasonably accurate statement of the work performed and/or material supplied by the Contractor. I am not certifying as to whether or not the Contractor has paid all subcontractors, laborers, materialmen and suppliers because I am not in a position to accurately Bete ine that issue. Dated r ' SIGNATURE CERTIFICATION OF INSPECTOR (IF REQUIRED): I have checked the estimate against the Contractor's Schedule of Amounts for Contract Payments and the notes and reports of my inspections of the project. To the best of my knowledge, this statement of work performed and/or materials supplied appears to be reasonably accurate, that the Contractor appears to be observing the requirements of the Contract with respect to construction, and that the Contractor should be paid the amount requested above, unless otherwise noted by me. I am not certifying as to whether or not the Contractor has paid all subcontractors, laborers, materialmen and suppliers because I am not in a position to accurately determine that issue. 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O o'er :At r :ia :o :c :�8:2 :moo �o•� 0 0 R: O p w;v) F ;a :C) :0 o ;N W c� a Z 0 Q Z 0 U 178 February 17, 2015 James Gray Indian River County Public Works — Coastal Engineering Division 1801 27'h St., Building A Vero Beach, FL 32960 Subject: Indian River County Sector 3 Dune Repair Project Pay Recommendation #5 Dear James: CB&I Coastal Planning & Engineering, Inc. 2481 NW Boca Raton Blvd. Boca Raton, FL 33431 Tel: +1 561 391 8102 Fax: +1 561 391 9116 www.CBI.com This letter regards payment to Guettler Brothers Construction LLC (GBC) for work associated with construction of the Sector 3 Dune Repair Project. Pay Application #5 was submitted by GBC on February 5. The application requests release of 50% of the retainage withheld by the County from Pay Applications #1 through #4. Below is an assessment of the amounts requested for payment through Pay Application #4. Mobilization/Demobilization GBC has requested payment for 60% of the mobilization cost ($180,000) in Payment Application #1. This was recommended for payment and no additional payments are due at this time. Per Specific Provision SP -8.2, "The remaining forty percent (40%) will be paid upon completion of the demobilization of all equipment and personnel." No additional payment is recommended. Supply, Deliver & Place Dune Fill GBC has requested payment for supply delivery, ($1,745,222.00) through Payment Application #4 additional payments are due at this time. No additional payment is recommended. and placement of 105,771.03 cubic yards of sand . This was recommended for payment and no Turbidity Monitoring No payment was requested by GBC for this line item. 179 CR Environmental Compliance No payment was requested by GBC for this line item. Site Restoration No payment was requested by GBC for this line item. Supply & Install Dune Vegetation No payment was requested by GBC for this line item. Pre -Construction & As -Built Surveys GBC has requested payment for 50% of the survey cost ($44,500) in Payment Application #1. This was recommended for payment and no additional payments are due at this time. Per Specific Provision SP -14.2, "The remaining fifty percent (50%) of the lump sum price shall be paid following submittal of the as -built surveys, record drawings, and as -built drawings." No additional payment is recommended. Summary GBC has completed to date $1,969,722.00 worth of the work through the pay period defined by Pay Application #5. This represents approximately 64% of the contracted amount. According to FS 218.735(8)(d), "After 50 -percent completion of the construction services purchased pursuant to the contract, the contractor may present to the local governmental entity a payment request for up to one-half of the retainage held by the local governmental entity. The local governmental entity shall promptly make payment to the contractor, unless the local governmental entity has grounds, pursuant to paragraph (f), for withholding the payment of retainage. If the local governmental entity makes payment of retainage to the contractor under this paragraph which is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the contractor shall timely remit payment of such retainage to those subcontractors and suppliers." A 10% retainage in the amount of $196,972.20 has been withheld by the County from Pay Applications #1 through #4 per Specific Provision SP -15. As such, GBC's request for the release of 50% of the retainage is recommended. Thus, the amount recommended this period for Pay Application #5 is $98,486.10. 180 CSI Please feel free to contact us for additional information or clarification. Sincerely, CB&I COASTAL PLANNING ENGINEERING, INC. A—/7--1-/ David Swigler, P.E. 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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 equip our patrol vehicles with new ticket printers. This grant will also prepare our agency to submit traffic citations electronically. The total dollars earmarked for this grant is $43,640.00. 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, i 1. Deryl Loar, Sheriff Indian River County DL/amg Enclosure cc: file 4055 4151 Avenue, Vero Beach, Florida 32960 www.iresherif.org (772)569-6700 el r4*8 3 1L GRANT NAME: Florida Department of Transportation- Highway Safety Grant Program GRANT # AMOUNT OF GRANT: $43,640 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? I 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 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? Yes X No If no, how much do you think will be needed in capital costs or start-up costs: N/A (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? 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? T41.64000 Grant Amount Other Match Costs Not Covered Match Total First Year $ 43,640 $0 $ 43,640 Second Year Third Year Fourth Year Fifth Year Signature of Preparer: T p Date: February 23, 2015 184 February 23, 2015 Kenneth L. Ellis Traffic Safety Administrator Florida Department of Transportation Safety Office- Grant Section 605 Suwannee St., MS 53 Tallahassee, FL 32399 heriff Deryl Loar Indian River County RE: Highway Safety Concept Paper- Letter of Intent Dear Mr. Ellis: 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 2015 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 implement an electronic traffic citation records management system. Project Details: Total Project Costs- $43,640 Funding Requested- $43,640 Project Type- Traffic Records On behalf of the Indian River County Sheriff's Office, I support this project as it will ensure that our agency can provide accurate, complete, and timely traffic safety records. Sincerely, DERYL LOAR, SHERIFF 4055 4l" Avenue, Vero Beach, Florida 32960 www.iresheriff.org (772) 569-6700 X85 Florida Traffic Safety Information Systems Federal Fiscal Year 2016 Request for Section 405 Funding Project Title: IRCSO- Electronic Citation Traffic Records Implementation Agency Name: Indian River County Sheriffs Office Person Completing Form: Name: Amber Grier Title: Planner/Grant Manager Agency: Indian River County Sheriffs Office Address: 4055 41st Avenue City, Zip: Vero Beach, FL 32960-1802 Phone: (772) 569-6700 Ext. 6214 E-mail: agrier@iresheriff.org Person to Contact Regarding Project: Name: Amber Grier Title: Planner/Grant Manager Agency: Indian River County Sheriffs Office Address: 4055 41 st Avenue City, Zip: Vero Beach, FL 32960-1802 Phone: (772) 569-6700 Ext. 6214 E-mail: agrier@iresheriff.org Is this concept: ❑ New? ® Continuation? (Select project year) ® Year 2 ❑ Year 3 ❑ Other Section 405 Funding Requested for FY 2016: $43,640 (amount must match Section 405 Funds Total on detailed budget sheet) Do you anticipate needing funding for multiple years to complete this project? ❑ Yes. If yes, please provide additional details. ® No Project will impact the following Traffic Records Information Systems: (check all that apply) ❑ Crash ❑ Roadway ❑ Vehicle ❑ Driver ® Citation/Adjudication ❑ EMS/Injury Surveillance System IF- Project will impact the following performance area(s): (check all that apply) ® Timeliness ❑ Completeness ® Accuracy ❑ Uniformity ® Accessibility ® Integration Our goals for Florida's Traffic Safety Information System are as follows: Goal 1: Coordination. Provide ongoing coordination in support of multi -agency initiatives and projects which improve traffic records information systems. Goal 2: Data Quality. Develop and maintain complete, accurate, uniform, and timely traffic records data. Goal 3: Integration. Provide the ability to link traffic records data. Goal 4: Accessibility. Facilitate access to traffic records data. Goal 5: Utilization. Promote the use of traffic records data. Identify which goal the project will help advance and how it will advance it: (for example, an eCrash/eCitation project to install laptops in a traffic unit would advance Florida's goal for data quality by improving the timeliness and accuracy of crash/citation reports) By completing the implementation of the eCitation Records Management System project by purchasing ticket printers for all deputies assigned to the patrol section and traffic unit would advance Florida's goal for data quality by improving the timeliness and accuracy of citation reports. Describe the project: Located on the eastern seaboard of Florida, Indian River County is comprised of 503 square miles of land mass. The United States Census Bureau estimated the population of the county in 2013 to consist of 141,992 residents, and the Florida Department of Highway Safety reported 115,225 registered drivers as of January 1, 2014. The mission statement for the Indian River County Sheriffs Office is to "protect the community, prevent crimes, and solve problems". The agency relies on a sufficient records management system and efficient technology in order to achieve these objectives for traffic related offenses. Implementing and automating an effective electronic citation records management system is a significant priority for the Indian River County Sheriffs Office. Although Indian River County is not ranked in the top 25% in the Florida Department of Transportations Highway Safety Matrix based on fatal and injury crashes, the success of this project is vital in significanty increasing the volume of traffic enforcement our ageny is able to provide throughout the county. On average, deputies spend 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 and heightens concerns to officer safety. During a traffic stop, deputies are consistently taking their eyes off the occpant(s) and the vehicle they have stopped. A research study conducted by the US National Library of Medicine, concluded that aggressive traffic enforcement significantly decreases motor -vehicle crashes, crash fatalities, and decreases injury severity (Aggressive traffic enforcement: a simple and effective injury prevention program, 2006). According to the FY2014 FDOT Highway Safety Matrix- Ranking of Florida Counties Report (based on fatal and injury crashes during 2008-2012) Indian River ranked 3rd out of 18 counties (Group 2- Population 50,001 - 200,00) in the highest total fatal and injury crashes; which wass an increased ranking from 5th in the 2007-2011 reporting. -2- 187 Indian River County also ranked 2nd in the highest number of motorcycle fatal and injury crashes for both ranking reports. By strengthening the deputies ability to substantially improve the amount of time required to issue citations has encouraged an increase in traffic enforcement and aided in the decrease of traffic related incidents. The National Highway Traffic Safety Administration evaluates the quality of state traffic records systems using 61 model performance measures. Measurements for citation/adjudication databases include: timeliness, accuracy, completeness, uniformity, integration, and accessibility. On the local level for Indian River County Sheriffs Office, the measurements of accuracy and timeliness were not formerly documented. Both of these measurements were remarkably impacted by the 93% of employees in the Patrol and Traffic Units combined that issued handwritten citations. In 2013, 13% of citations received by the Central Records Unit were not entered into the records management system within 5 business days per month due to a combination of errors including, but not limited to: legibility, lack of completeness, and difficulty in verifying information. As the result of funding from the Florida Department of Transportation FY2015, the Indian River County Sheriff's Office was able to begin implementing an eCitation records management system by purchasing 71 mobile ticket printers to outfit 62% of deputies assigned to the patrol section and traffic units with the necessary hardware for integration. The continuation of this project would afford our agency with the ability to outfit all deputies in the patrol function with the necessary hardware to complete the implementation process and ensure Indian River County Sheriff's Office will be at 100% capacity to assist in the state of Florida's goal for data quality. The current eCitation project has resulted in a 20% decrease in the number of hand-written citations, timeliness, and accessibility of all traffic citations as of February 2015 respectively. Implementation measures have also identified several strategies for improving performance measures of accuracy and integration. Furthering the initiatve would allow the Indian River County Sheriff's to be a testing agent and assist the local clerk of court in implementing and preparing to receive eCitations. What software and hardware is involved? (If applicable) The Indian River County Sheriffs Office request consists of purchasing a quantity of 40 Zebra RW420 ticket printers to integrate with our citation program eCite by PSTech. List any partner agencies for the project: N/A List performance measures for the project, including existing benchmarks and future goals: (see NHTSA's Model Performance Measures for State Traffic Records Systems) Performance Measure Existing Benchmark Future Goals Timeliness A protocol was developed to By fiscal year end 2016, our document the mean number agency goal is to achieve of days from the date of 100% of traffic citations citation issuance to the date ingested error free into the the citation is entered into the records management system records mans ement s stem. RMS within 48 hours. -3- 188 How will the project be evaluated? * Record the number of electronic citations issued and document improvements in timeliness and accuracy. * Record the number of handwritten citations issued and document errors/problems in timeliness and accuracy. -4- 189 The goal included achieving 50% of traffic citations entered into the database with 48 hours by March of 2015. Accuracy A protocol was developed to Our goal is to improve document the type, source, accuracy by 100% resulting and frequency of errors in from the errors caused by critical data. The goal hand-written citations, such included a reduction of as: legibility, transposing erroreous data entry, information, etc. by fiscal year inlcuding, but not limited to: end 2016. legibility, transposing information, etc. by March 2015. Completeness Our agency currently provides Our goal is to achieve 100% training on an on-going basis internally complete records in completing citation/crash with the continuation of reporting during shift training. briefings. Uniformity Our agency currently provides Our goal is to continue to training on an on-going basis strive for 100% internally in completing citation/crash complete records in regards reporting by our Central to uniformity. Records staff that reviews and confirms the appropriate violation code has been selected. Integrations The current eCitation project Our goal is to ensure that has identified several data is readily available to link components that are in the with other core traffic process of being corrected to databases by year-end 2015. ensure our agency is able to integrate with all core databases. Accessibility Currently, hand-written To eliminate the need to store citations are scanned and files in a separate document kept on file in an independent management solution and document management integrate all citations system. electronically by fiscal year end 2016. How will the project be evaluated? * Record the number of electronic citations issued and document improvements in timeliness and accuracy. * Record the number of handwritten citations issued and document errors/problems in timeliness and accuracy. -4- 189 * Record the frequency and type of errors when citations are received by Central Records personnel. * Conduct pre and post quarterly reports on the data complied from each reporting method. * Conduct annual report on results of improvements in timeliness, accuracy and accessibility; and document any major milestones in the areas of completeness, uniformity, and intergration. Deryl Loar, Sheriff Authorized Organiz? c.. rcepresentative — Name and Title (please print) Authorized Signature (in blue ink) February 23, 2015 Date ***Please note that all law enforcement, EMS and Clerk of Courts organizations applying for Section 405 funding must also submit the Request for Section 405 Funding Supplemental Information Request Form. Failure to submit this form prior to the proposal deadline will result in disqualification of your proposal. -5- 190 Proposed Section 405 Budget Detailed Budget Request (October 1, 2015 — September 30, 2016) Category g rY Section 405 Funds Other Federal Funds St Funds al (including soft match) Total Funds Personnel Costs $0.00 $0.00 $0.00 $ 0.00 Contractual Services $0.00 $0.00 $0.00 $ 0.00 Equipment $43,640.00 $0.00 $0.00 $43,640.00 Expenses $0.00 $0.00 $0.00 $ 0.00 Operating Capital Outlay $0.00 $0.00 $0.00 $ 0.00 Indirect Cost $0.00 $0.00 $0.00 $ 0.00 Total $43,640.00 $ 0.00 _$0_0 0 $43,640.00 Budget Narrative: (Describe the personnel, contractual, and equipment costs included in the budget request. List other funding sources for the project, including soft matches) The above budget reflects cost critical to the success of completing the implementation of a 100% eCitation Records Management System. The budget includes the total cost for purchasing necessary hardware that consists of: ticket printers, cables/peripherals, mounting hardware, thermal paper, and extended hardware warranties. This equipment is vital in improving timeliness and accuracy of traffic citation reports. -6- 191 Equipment Narrative (Required for Law enforcement agencies and EMS; Clerks of Court if applicable ): (Provide a breakdown of proposed equipment costs (type of equipment, make, model, unit cost, quantity, total cost) as well as justification for items/quantities listed. This information will be used in the event the Florida TRCC Executive Board is able to provide partial funding for a portion of the units proposed) Type of Unit Justification: state Equipment: Costs: List why the items and quantities listed are List the type of equipment proposed Make Model the price and source(s) of Quantity Total Cost necessary components of this project and how the (add additional items the price item(s) listed will further as necessary) identified enhance traffic records in Florida Laptops/ notebooks/ $0.00 0 $ 0.00 tablets/PCs Docking stations $0.00 0 $ 0.00 Drivers license/bar code $0.00 0 $ 0.00 scanners Item and quantity required to outfit remaining patrol deputies with the necessary Printers Zebra RW420 $729.00 40 $29,160.0 hardware to issue 0 eCitations and complete the implementation of the Records Management System. Item and quantity required to outfit remaining patrol deputies with the necessary Thermal paper Zebra Z -Select $74.00 40 $2,960.00 hardware to issue 4000D eCitations and complete the implementation of the Records Management System. Item and quantity Cables/ Peripherals RCA RJ -45 6ft Cable $20.00 40 $ 800.00 required to outfit remaining patrol deputies with the -7- 192 -8- 193 necessary hardware to issue eCitations and complete the implementation of the Records Management System. Air cards $0.00 0 $ 0.00 Item and quantity required to outfit remaining patrol deputies with the Ticket Printer Angled necessary Vehicle Mounts LEM Headrest $122.00 40 $4,880.00 hardware to issue Mount eCitations and complete the implementation of the Records Management System. Item and quantity Extended 2 Year necessary to Warranty for N/A N/A $146.00 40 $5,840.00 preserve integrity of hardware after Ticket Printers continued daily while aiding in issuing eCitations. $0.00 0 $ 0.00 $0.00 0 $ 0.00 Total N/A N/A $1,091.00 200 $43,6640.0 N/A -8- 193 Florida Traffic Safety Information Systems Federal Fiscal Year 2016 Request for Section 405 Funding Supplemental Information Request Form INSTRUCTIONS Law enforcement agencies, EMS, and Clerks of Court offices, please complete the section of this form that is pertinent to your organization. All fields in the applicable section MUST be completed; failure to provide a response could result in disqualification of your proposal. LAW ENFORCEMENT AGENCIES Project Title: IRCSO- Elcetronic Citation Traffic Records Implementation Agency Name: Indian River County Sheriffs Office Provide the total number of crashes reported by your agency in 2014: 611 Provide the total number of citations reported by your agency in 2014: 8091 Is your agency currently submitting crashes electronically? ® Yes ❑ No If yes, how many crash reports were submitted electronically in 2014: 611 Is your agency currently submitting c;sasl electronically? ❑ Yes ® No If yes, how many citation reports were submitted electronically in 2014: 0 Does your local Clerk of Court office accept electronic citations? ❑ Yes ® No If yes, how many citations were submitted electronically in 2014: If no, does your clerk of court office accept electronic citations? ❑ Yes ®No ❑ Not sure If awarded Section 405 funding, do you anticipate your electronic submissions to increase? ❑ Yes ® No If yes, please provide estimated increase: If no, please provide a reason why: The local Clerk of Court does not accept electronic citations. Do you have an executed contract agreement with an eCrash vendor? ® Yes ❑ No If yes, vendor name: Aegis Mobile by New World Systems Do you have an executed contract agreement with an eCitation vendor? ® Yes ❑ No 194 If yes, vendor name: eCite by PSTech If requesting grant funding for equipment, check the appropriate box: (Note: If equipment is outdated and cannot be upgraded to allow electronic submission, please check the "New equipment" box) ® New equipment ❑ Replacement equipment If awarded Section 405 funding to purchase equipment, who will use the equipment? Deputies assigned to the Road Patrol Section. Number of patrol officers issued with a laptop: 108 Number of traffic officers issued with a laptop: 5 EMS AGENCIES Project Title: Organizations Name: Legal Status of Applicant Organization (check one): ❑ Private Not for Profit ❑ Private for Profit ❑ City/Municipality/TownNillage ❑ County ❑ State ❑ Other (specify) EMS License Number: Type: ❑ Transport ❑ Non -transport ❑ Both Number of permitted vehicles by type: BLS ALS Transport ALS non -transport Type of service (check one): ❑ Rescue ❑ Fire ❑ Third service (county/city govt, nonfire) ❑ Air ambulance ❑ Fixed wing ❑ Roto -wing ❑ Both fixed and roto wing ❑ Other (specify) Yearly EMS call volume: Population density of area served and year determined EMSTARS participant? ❑ Yes ❑ No EMSTARS committed with target submission date: ❑ Yes ❑ No Target Date: -2- 195 How many run reports did your agency submit to EMSTARS in 2014? When does your agency plan to submit run reports that are NEMSIS 3.X compliant? Do you have access to an Information Technology System Administrator? ❑ Yes ❑ No If yes, describe system administrator or Electronic Patient Care Reporting Administrator: If awarded Section 405 funding, do you anticipate your electronic submissions to increase? ❑ Yes ❑ No If yes, please provide estimated increase: If requesting grant funding for equipment, check the appropriate box: (Note: If equipment is outdated and cannot be upgraded to allow electronic submission, please check the "New equipment" box) ❑ New equipment ❑ Replacement equipment If awarded Section 405 funding to purchase equipment, who will use the equipment? CLERKS OF COURT OFFICES Project Title: Organizations Name: Provide the total number of citations accepted by your court in 2014: Does your Clerk of Court office accept electronic citations from law enforcement agencies? ❑ Yes ❑ No If yes, how many citations were submitted electronically in 2014: If awarded Section 405 funding, do you anticipate electronic submissions from law enforcement agencies to increase? ❑ Yes ❑ No If yes, please provide estimated increase: -3- 196 February 23, 2015 Mr. Joe Baird, County Administrator Indian River County 1840 25`h St Vero Beach, Florida 32960 heriff Deryl Loar Indian River County RE: Notice of Request to be placed on the March 3, 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 3, 2015 BOCC agenda. Indian River County Sheriff's Office is applying for the Victims of Crime Act (VOCA) Grant. This grant, if approved, will provide funds to cover the salary for one Victim Advocate within the Victims Assistance Unit here at the Sheriff's Office. IRCSO has utilized this grant for several years in an effort to provide all crime victims within the county, no matter jurisdiction, assistance and guidance during their time of need. The total dollars earmarked for this year's grant is $55,485 ($44,388 VOCA funding and $11,097 local In -Kind match). 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, Sheriff Indian River County DL/amg Enclosure cc: file 4055 41" Avenue, Vero Beach, Florida 32960 www.iresheriff.org (772) 569-6700 41f N-5 `97 GRANT NAME: Victims of Crime Act (VOCA - Continuation grant) GRANT # AMOUNT OF GRANT: $44,388 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? __X_Yes No If yes, does the grant allow the match to be In -Kind services? X Yes No 4. Percentage of match to grant 24.7 % 5. Grant match amount required t 1 1,097 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? In -Kind Services 7. Does the grant cover capital costs or start-up costs? If no, how much do you think will be needed in capital costs or start-up costs (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? If yes, please list. (If additional space is needed, please attach a schedule.) Acct. Description Position Position 011.12 Regular Salaries 33,50 011.13 Other Salaries & Wages (PT) 012.11 Social Security 2, 563(FICA) 012.12 Retirement — Contributions 2,470 012.13 Insurance — Life & Health 5,780 012.14 Worker's Compensation 66 012.17 S/Sec. Medicare Matching TOTAL 44,388 Yes X No $ 0.00 (Continuation Grant) Yes X No Position Position 7 Position 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 44,388 0.00 0.00 44,388 10. What is the estimated cost of the grant to the county over five years? T44 -IRR First Year Second Year Third Year Fourth Year Fifth Year Signature of Preparer: Grant Amount Other Match Costs Not Covered Match Total $ 44,388 $0 $ 11,097 $ 55,485 Date: February 23, 2015 198 Ltifig Tz , -wilk sOF ma % Victims of Crime Act (VOCA) FY 2016-2016 Grant Application Office of Attorney General Pam Bondi 199 OFFICE OF THE ATTORNEY GENERAL 2015-2016 VOCA GRANT APPLICATION TABLE OF CONTENTS PAGE General Information 10 Background 3 Who May Apply 3 VOCA Grant Application 3 Funding by Judicial Circuit 3 Application Deadline and Submission Instructions 3-4 Grant Application Review Process 4 Award Announcement and Funding Cycle 4 Applicable Laws/Final Program Guidelines 4-5 Non -allowable Costs and Activities 5 Underserved Victims 6 Victims with Disabilities 6 VOCA Definitions 7-8 Florida Judicial Circuits 9 VOCA Grant Application Instructions 10 Part 1 - Applicant Information 10 Part 2 - Agency Eligibility 10 Part 3 - Certification Regarding Debarment, Suspension, Ineligibility and Voluntary 10 Exclusion, Lower Tier Covered Transactions Part 4 - Funding Source Chart 10 Part 5 - Statement of Need 10 Part 6 - Project Proposal 10 Part 7 - VOCA Budget Request 10 Part 8 - Program Match 11 Part 9 - Victims Served and Types of Services, Definitions 11 Related Parties Questionnaire 11 Required Documentation 11 VOCA Grant Application Parts 1-9 12-31 Related Parties Questionnaire 32-33 VOCA Application Checklist and Excel User Tips 34-35 Attachment A - Federal Final Program Guidelines on-line users go to: http://www.omp.usdo4.gov/ovc/voca/vaguide.htm Page 2 200 VOCA GENERAL INFORMATION Background: The Victims of Crime Act (VOCA) was enacted in 1984 to provide federal funding to assist state, local and private nonprofit agencies to provide direct services to crime victims. The United States Department of Justice (USDOJ), Office of Justice Programs (OJP), Office for Victims of Crime (OVC), provides funds to support the provision of services to victims of crime. Services are defined as those efforts that respond to the emotional and physical needs of crime victims, assist victims of crime to stabilize their lives after a victimization, assist victims to understand and participate in the criminal justice system and provide victims of crime with a measure of safety and security. 2. Who May Apply: Any public or nonprofit organization or a combination of such organizations that provides direct services to victims of crime as specified by the VOCA Victim Assistance Grant Final Program Guidelines (Attachment A). Failure to adhere to the guidelines in the past may affect an applicant's eligibility for funding. 2015-2016 VOCA funding is contingent upon an annual appropriation by the Florida Legislature and upon the OAG's Victims of Crime Act award funded through the U.S. Department of Justice, Office for Victims of Crime formula grant program. 3. VOCA Grant Application: The instructions, information, references and the attachment contained herein comprise the official VOCA Grant Application. Applicants must sign a certification that they have read all of the VOCA Grant Application materials and that the applicant will comply with all applicable federal and state statutes, administrative rules, procedures and policies established in the application. The VOCA Grant Application packet consists of the following materials: * General Information and Application Instructions * VOCA Grant Application OJP Final Program Guidelines (Attachment A). on-line users go to: http://www.00p.usdoj.gov/ovc/voca/vaguide.htm 4. Funding by Judicial Circuit: VOCA funds will be awarded by judicial circuit. Applicants will apply for funds within the judicial circuit served by the agency. If the agency serves victims of crime in more than one judicial circuit, an individual application must be submitted for each judicial circuit to be served. All components of each application must be specific to the judicial circuit to be served. See (page 9) for a listing of the counties within each judicial circuit. 5. Application Deadline and Submission Instructions: The original application and one exact copy must be received in the Office of the Attorney General (OAG) no later than 5:00 p.m., Eastern Standard Time, on Friday, February 27, 2015. Only one application per agency per judicial circuit will be accepted. The application containing original signatures must be marked "original" in the top right hand margin of the first page and stapled together. The applicant should retain an exact copy of the VOCA Grant Application. Applications must be mailed or delivered to the following address: Using the U.S. Postal Service: Office of the Attorney General Bureau of Advocacy and Grants Management PL -01, The Capitol Tallahassee, Florida 32399-1050 Page 3 201 Using other mail carrier services such as Federal Express, UPS, etc., please use the Collins Building address: Office of the Attorney General Bureau of Advocacy and Grants Management Collins Building 107 West Gaines Street Tallahassee, FL 32301 **Do not use the Collins Building address for any U.S. Postal Service mail.** The submission to the Attorney General's Office must include, in the following order: * Fully completed VOCA Grant Application packet (Parts 1-9). * Job descriptions for all proposed VOCA-funded personnel and match personnel. * Three current letters of support. * Documentation of the agency's 501(c) 3 ruling from the Internal Revenue Service. Do not include the application instructions definitions brochures annual reports or additional documents in the submission to the Attorney General's Office Do not include binders or notebooks Late applications will not be considered. Required documents submitted by fax or email will not be considered. 6. Grant Application Review Process: After grant applications are received the application will be reviewed by OAG staff for technical compliance. All applications meeting technical compliance will be considered for funding. 7. Award Announcement and Fundina Cycle: Grant awards are announced annually prior to September 1, for a maximum of one year for the period of October 1 through September 30. 8. Applicable Laws/Final Program Guidelines: The Reference Guide to State Financial Expenditures, the Federal Financial Guide, applicable Office of Management and Budget (OMB) Circulars, and the VOCA Final Program Guidelines. The United States Department of Justice (USDOJ), Office of Justice Programs (OJP), Office for Victims of Crime (OVC), published Final Program Guidelines in the April 22, 1997, Federal Register to implement the victim assistance grant program as authorized by the Victims of Crime Act of 1984, as amended 42 U. S. C. 10601, et seq. If an applicant receives funding under this program, the applicant must comply with applicable federal and state laws and regulations, including the OJP Final Program Guidelines and OJP Financial Guide. The following is a partial listing of VOCA eligibility requirements. The applicant must: * Provide direct services to crime victims at no charge to the victim (i.e., provider cannot bill a third party for VOCA Assistance funded services) * Be a public or nonprofit organization or a combination of such organizations * Provide documentation that exhibits community support and approval of its services * Demonstrate financial support from non-federal sources * Demonstrate, if a new program, that 25-50% of financial support comes from non-federal sources * Provide 20% program match derived from resources other than federal funds * Use volunteers which may include interns Page 4 202 * Promote coordinated services with public and private efforts within the community to aid crime victims * Assist victims with filing victim compensation claims * Maintain civil rights information on victims served by race or national origin, sex, age, and disability * Maintain confidentiality of client -counselor information, as required by state and federal law * Comply with state criteria * Provide services to victims of federal crimes * Comply with applicable provisions of the OJP Financial Guide. In addition to satisfying an annual audit requirement, these provisions include maintaining programmatic and financial records that fully disclose the amount and disposition of VOCA funds received; financial documentation for disbursements; daily time and attendance records specifying time devoted to allowable VOCA victim services; client files; the portions of the project supplied by other sources of revenue; job descriptions; contracts for services; and other records which facilitate an effective audit. 9. Non -allowable Costs and Activities: The following list identifies some of the services, activities, and costs that cannot be supported with VOCA funds. All unallowable costs will be removed during OAG technical review and budgets will be reduced accordingly. See the Final Program Guidelines (Attachment A) for additional information concerning non -allowable costs and services at: http://www.oip.usdoi.gov/ovc/voca/vaguide.htm * Lobbying and administrative advocacy * Perpetrator rehabilitation and counseling * Needs assessments, surveys, evaluations or studies * Prosecution activities, including criminal investigations * Fund-raising activities * Indirect organization costs, including but not limited to, liability insurance on property or vehicles, capital improvements, security and body guards, property losses and expenses, real estate purchases, mortgage payments, construction * Property loss * Most medical costs * Relocation expenses * Vehicles, unless approved in advance by the state VOCA Administrator * Administrative staff expenses including administrators, board members, executive directors, supervisors, etc. * Administrative operating expenses * Coordination activities such as serving on task forces or development of protocols, interagency agreements, and other working agreements undertaken as part of the agency's role as a victim services organization * Costs of sending individual crime victims to conferences * Activities exclusively related to crime prevention * Supporting services to incarcerated individuals * Supplement to crime victim compensation awards * Non -emergency legal representation (i.e., divorce) 203 Page 5 10. Underserved Victims: Applicants are encouraged to identify gaps in available services for "underserved" victims and to seek funding to provide services to these victims. Underserved populations may include, but are not limited to, child -on -child abuse, child abuse by non -caretaker, crimes against the elderly, non-English speaking persons, persons with disabilities, victims of federal crimes, victims of workplace violence and members of racial or ethnic minorities. 11. Victims with Disabilities: Costs of furniture, auxiliary aids that assist persons with sensory disabilities to communicate such as TTY/TTD machines for the hearing impaired or qualified interpreters, or minor building alterations/improvements that make victim services more accessible to persons with disabilities are allowable. 204 Page 6 VOCA DEFINITIONS Use this information in completing Part 4, Victims Served and Types of Services. Definitions are provided by the U. S. Department of Justice, Office of Justice Programs, Office for Victims of Crime (OVC). The information provided in this section must be consistent with the applicant's Statement of Need and Project Proposal. An applicant who receives VOCA funding will be required to maintain data on victims served and types of services provided in accordance with the following definitions. Assistance with Victim Compensation includes making victims aware of the availability of crime victim compensation, assisting the victim in completing the required forms, gathering the needed documentation, etc. It may also include follow-up contact with the victim compensation agency on behalf of the victim. This is a mandatory VOCA service. Criminal Justice Support/Advocacy refers to support, assistance, and advocacy provided to victims at any stage of the criminal justice process, to include post -sentencing services and support. Crisis Counseling refers to in-person crisis intervention, emotional support, and guidance and counseling provided by advocates, counselors, mental health professionals, or peers. Such counseling may occur at the scene of a crime, immediately after a crime, or be provided on an on-going basis. Crisis Hotline Counseling typically refers to the operation of a 24-hour telephone service, 7 days a week, which provides crisis counseling, guidance, emotional support, information and referral, etc. Emergency Financial Assistance refers to cash outlays for transportation, food, clothing, emergency housing, etc. that is supported with VOCA grant funds or reported as matching expenses. Emergency Legal Advocacy refers to the filing of temporary restraining orders, injunctions, other protective orders, elder abuse petitions and child abuse petitions, but does not include criminal prosecution or the employment of attorneys for non -emergency purposes, such as custody disputes, civil suits, etc. Follow-up Contact refers to in-person contacts, telephone contacts, and written communications with victims to offer emotional support, provide empathetic listening, check on a victim's progress, etc. Information and Referral (in-person) refers to in-person contacts with victims during which time services and available support are identified. Other Services refers to other VOCA allowable services and activities not listed in the options provided Personal Advocacy refers to assisting victims in securing rights, remedies, and services from other agencies; locating emergency financial assistance, intervening with employers, creditors, and others on behalf of the victim; assisting in filing for losses covered by public and private insurance programs including workman's compensation, unemployment benefits, welfare, etc.; accompanying the victim to the hospital, etc. Primary Victims are the people against whom the crime was directed, except in cases of homicide and DUI deaths where the primary victims are survivors. In domestic violence situations, children of spouse abuse victims who receive services are also considered primary victims. Secondary Victims are people other than primary victims receiving services as a result of their own reaction to or needs resulting from a crime directed against a primary victim, e.g., the husband of a rape victim who receives counseling, non -offending caretaker of child abuse victims, etc. 205 Page 7 Shelter/Safe House refers to providing short- and long-term housing services to victims and families following a victimization. Support Groups refers to the coordination and provision of supportive group activities and includes self- help, peer, social support, etc. Telephone Contacts refers to contacts with victims during which time services and available support are identified. Therapy refers to intensive professional psychological and/or psychiatric treatment of individuals, couples, and family members related to counseling to provide emotional support in crisis arising from the occurrence of crime. This includes the evaluation of mental health needs, as well as the actual delivery of psychotherapy. Individuals who provide this service must meet the criteria outlined in the Florida Statutes (F. S.). Unduplicated Victims are victims not counted on previous reports. Unduplicated victims may be either primary or secondary victims of crime. A person may be counted more than once only as a result of an entirely separate and unrelated crime during the reporting period, e.g., a domestic violence victim is victimized during a separate episode. 206 Page 8 FLORIDA JUDICIAL CIRCUITS FIRST SIXTH THIRTEENTH Escambia Pasco Hillsborough Okaloosa Pinellas Santa Rosa FOURTEENTH Walton SEVENTH Bay Flagler Calhoun SECOND Putnam Gulf Franklin St. Johns Holmes Gadsden Volusia Jackson Jefferson Washington Leon EIGHTH Liberty Alachua FIFTEENTH Wakulla Baker Palm Beach Bradford THIRD Gilchrist SIXTEENTH Columbia Levy Monroe Dixie Union Hamilton SEVENTEENTH Lafayette NINTH Broward Madison Orange Suwannee Osceola EIGHTEENTH Taylor Brevard TENTH Seminole FOURTH Hardee Clay Highlands NINETEENTH Duval Polk Indian River Nassau Martin ELEVENTH Okeechobee FIFTH Miami -Dade St. Lucie Citrus Hernando TWELFTH TWENTIETH Lake DeSoto Charlotte Marion Manatee Collier Sumter Sarasota Glades Hendry Lee STATEWIDE Any project that has an impact throughout the state. 207 Page 9 APPLICATION INSTRUCTIONS The VOCA Grant Application packet consists of Parts 1-9 plus the required documentation. The following information is provided to assist the applicant in completing the application packet. Late applications will not be considered. Faxed or e-mailed applications will not be accepted. For any questions concerning the VOCA Grant Application, contact the Bureau of Advocacy and Grants Management, Office of the Attorney General, The Capitol, Room PL -01, Tallahassee, Florida 32399- 1050 at (850) 414-3380. Part 1. - Applicant Information: Complete the information requested for the applicant agency. Enter the agency name as it should appear on a contract in the event the program receives VOCA funding. Note: An original signature is required on this form. NEW MANDATORY REQUIREMENTS The DUNS number is a unique nine -character number that identifies your organization. It is a tool of the federal government to track how federal money is distributed. Most large organizations, libraries, colleges and research universities already have DUNS numbers. Ask your grant administrator or chief financial officer to provide your organization's DUNS number. If your organization does not have a DUNS number, use the Dun & Bradstreet (D&B) online registration to receive one free of charge. The website address for DUNS information/registration is: http://fedgov.dnb.com/webform Applicant agencies need to register your business with the federal government's SAM (formerly Central Contract Registration), the primary database of vendors doing business with the federal government. Register with SAM at: http://www.sam.gov Part 2. - Agency Eligibility: Complete all of the information requested. Use the listing of Florida's judicial circuits to identify the circuit that the VOCA program will be serving (see page 9). For example, Miami -Dade is in the 11th judicial circuit. Congressional District information can be found at: http://election.dos.state.fl.us/district-maps.shtmI Part 3. -Certification Regarding Debarment, Suspension Ineligibility and Voluntary Exclusion, Lower Tier Covered Transactions: This certification is required by federal regulations implementing Executive Order 12549, Debarment and Suspension, 2B CFR Part 67, Section 67.510, Participants= Responsibilities. The authorized representative at the subrecipient level must sign the certification. The signed certification must be submitted with the grant application. Part 4. - Funding Source Chart: Complete all of the information requested. Part 5. - Statement of Need: Complete all of the information requested. Part 6. - Project Proposal: Complete all of the information requested for each section. Part 7. - VOCA Budget Request: The Budget section of the VOCA Application is an itemized description by budget category of proposed costs for VOCA funding. The budget categories are personnel, contractual services, equipment and operating expenses. Refer to the instructions on the forms. 208 Page 10 Part 8. - Program Match Budget: The Final Program Guidelines require that all proposals provide a 20 percent match of the total VOCA project. Total VOCA Project is defined as the VOCA Budget Request plus the Program Match. Match funds are subject to the same restrictions that govern VOCA grant funds, i.e., the source of program match must be a VOCA-allowable expenditure. Refer to the instructions on the forms. Part 9. - Victims Served and Types of Services: Complete all of the information requested. Required Documentation: Related Parties Questionnaire: This form must be completed and signed by the Executive Director or an agency official who is authorized to enter into contractual agreements. Additional narrative pages may be attached if necessary. Job descriptions: A job description is required for all proposed VOCA-funded personnel and match personnel and must indicate the percentage of time allocated for each task totaling 100% of the job duties. Letters of Support: Attach three (3) current letters of support from local community or government groups. A current letter is one that is dated during the current calendar year. It is the responsibility of the applicant agency to ensure letters highlight the applicant agency's record of providing effective services to victims of crime (if applicable), demonstrates the writer's support as well as the community's support of the services that are requested as part of VOCA Grant project. Do not provide more than three letters. The following will not be accepted: * Letters from individuals that are not writing on behalf of a local community or government group * Letters from individuals or units within the applicant agency will not be accepted Letters acknowledging conference or meeting participation are not acceptable as letters of * support * Form letters Documentation of the agency's 501(c) 3 ruling from the Internal Revenue Service: Provide documentation to document the nonprofit status of the applicant agency. This may include: * proof that the Internal Revenue Service recognizes the organization as being tax exempt under 501(c)(3) of the Internal Revenue Code; * a statement from a state taxing body or state secretary of state certifying that the organization is a nonprofit organization and that no part of the organization's net earnings may benefit any private shareholder or individual; * a certified copy of a certificate of incorporation or similar document establishing nonprofit status; * any of the above, if it applies to a state or national parent organization, with a statement by the state or national parent organization that the applicant is a local nonprofit affiliate 209 Page 11 2015-2016 VOCA GRANT APPLICATION PART 1. APPLICANT INFORMATION Name of Applicant Agency: The applicant agency is the legal name of the agency that is seeking VOCA funding. Enter the name as it should appear on a contract in the event the agency receives VOLA funding. Indian River County Sheriffs Office Federal Data Universal Numbering System (DUNS) Number: 1039894332 Federal Employee Identification Number (FEIN): 59-6000677 Registered with the System of Award Management (formerly CCR)? IYES Agency Director: Prefix (Mr., Ms., Dr., etc.) Mr. Title: ISheriff Name: I Deryl Loar Telephone #: 772-569-6700 x6404 Fax #: 772-569-8144 Mailing Address: (Street, P.O. Box, etc.) 4055 41 st Avenue City: Vero Beach State: FL 9 -Digit Zip Code: 32960-1802 E -Mail Address: dloar iresheriff.or Performance Report Contact: Prefix (Mr., Ms., Dr., etc.) RiD Title: I Victim Advocate Coordinator Name: I ShirleyRosemond Telephone #: 772-978-6255 Fax #: 772-569-8144 Mailing Address: (Street, P.O. Box, etc.) 4055 41 st Avenue City: Ivero Beach = State: FL 9 -Digit Zip Code: 32960-1802 E -Mail Address: lsrosemondQircsheriff.oM Financial Contact: Prefix (Mr., Ms., Dr., etc.) Miss Title: I Planner/Grant Manager Name: JAmber Grier Telephone #:1772-978-6214 Fax #: 772-567-9755 Mailing Address: 14055 41 st Avenue (Street, P.O. Box, etc.) City: lVero Beach State: FL 9 -Digit Zip Code: 32960-1802 E -Mail Address: a rier iresheriff.or I acknowledge that I have read, understand, and agree to the conditions set forth in the Victims of Crime Act (VOCA) Grant Application, Instructions and the Final Program Guidelines for the duration of the grant period. I certify that the information contained in this application is true, complete and correct. I acknowledge that the applicant agency, if awarded a VOCA grant, will comply with Federal Rules Regulating Grants and State Criteria. Subrecipients must comply with the applicable provisions of VOCA, the Final Program Guidelines, the requirements of the OJP Financial Guide, effective edition, and all laws, rules and regulations applicable to expenditures of State funds including the Reference Guide for State Expenditures. Subrecipients must maintain appropriate programmatic and financial records that fully disclose the amount and disposition of VOCA funds received. This includes: financial documentation for disbursements; daily time and attendance records specifying time devoted to allowable VOCA victim services; client files; the portion of the project supplied by other sources of revenue; job descriptions; contracts for services; and other records which facilitate an effective audit. Subrecipients will abide by any additional eligibility or service criteria as established by the state grantee including submitting statistical and programmatic information on the use and impact of VOCA funds, as requested. PUBLIC AGENCIES ONLY: I hereby certify that pursuant to theyOCA Final Program Guidelines, grant funds will be used to enhance or expand services and will not be used to supplant s6te;and local funds that would otherwise be available for crime victim services. -, ---�,. � • • y, Signature of Agency Director:,- Date: 210 Page 12 PART 2. AGENCY ELIGIBILITY 1. Identify which of the followina ories best describe the applicant 2. Describe the type of implementing agency (Choose only one category): ED Criminal Justice - Government choose one from the drop-down menu): Law Enforcement Describe Other: ❑ Non -Criminal Justice - Government (choose one from the drop-down menu): Describe Other: 1 I ❑ Private Non -Profit (choose one from the drop-down menu): Describe Other: 1 ❑ Native American Tribe or Organization (choose one from the Describe Other: 3. Judicial circuit to be served: refer to list on page 9 19 - Nineteenth 4. List counties to be served: Indian River 5. List the total population of the counties to be served: 6. Describe the 7. List the Congressional D menu): characterisitcs of the service area (choose one from the drop-down served (up to 5 allowed, statewide projects note 8. Describe the purpose of the proposed VOCA project (choose one from the drop -dc lContinue a VOCA funded victim project funded in a previous year 9. Funds will primarily be used to choose one from the drop-down menu): Continue existing services to crime victims 10. Is the applicant organization faith -based? (choose one from the drop-down menu): 211 Page 13 PART 3. CERTIFICATION REGARDING DEBARMENT Instructions for Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause title "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may check the Non -procurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph (5) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which the transaction originated may pursue available remedies, including suspension and/or debarment. Page 14 212 U. S. DEPARTMENT OF JUSTICE OFFICE OF THE COMPTROLLER OFFICE OF JUSTICE PROGRAMS Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered transactions (Sub -Recipient) This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 28 CFR Part 67.510. Participants' responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160 B 19211). 1. The prospective lower tier participant certifies, by submission of the proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Deryl Loar 1van1a a,lu i nuts ui Huinvnzea Kepresentailve 2/18/2015 Signature nota Indian River County Sheriffs Office Name ur Organization 4055 41 st Avenue, Vero Beach, FL 32960-1802 Address of Organization 213 Page 15 PART 4. FUNDING SOURCE CHART Applicants must provide information that demonstrates community support of its services; financial support from non-federal sources; non-federal resources for the required 20% program match (unless in-kind match is utilized); and, if a new program, shows that 25-50% of the total financial support is from non-federal sources. Provide the amount of funding that is allocated to victim services within the applicant agency for the current fiscal year and the amount requested for the proposed VOCA project. Round amounts to the nearest dollar, and include all expenses which are budgeted for the victim services program (i.e., personnel costs which include salaries for directors, clerical/support staff, victim advocates, counselors, etc.; training costs; equipment such as computers, fax machines, printers, copiers, telephones, and furnishings, etc.; operating costs such as utilities, postage, printing, office supplies, travel, counseling supplies, etc.). Please note: Do not include in-kind match. The amounts listed for state, local, public, private and/or other funding must be equal to or greater than the amount shown as cash match in the Match Budget (Part 8). Funding Source Agency Total Victim Services Budget (Current Fiscal Year) 2015-2016 VOCA Project Budget Federal Funding *Describe below 2015-2016 VOCA grant request (excluding match) $ 44, 388.00 State Funds Local, Public or Private Funds $ 37,159,125.00 $ 11, 097.00 Other: (Describe at right) $ 37,159,125 $ 55,485 * For the judicial circuit you are requesting funding with this application *If the applicant agency currently receives federal funding for victim services, indicate the source(s) and the use of those funds. (Response is limited to 1000 characters.) 214 Page 16 PARTS. STATEMENT OF NEED Statement of Need: The statement of need must provide a description about why this project is needed. Be clear and avoid acronyms that may be confusing. Responses are limited to 1000 characters, minimum 10 point font. Underserved Victims: Applicants are encouraged to identify gaps in available services for "underserved" victims and to seek funding to provide services to these victims. Underserved populations may include, but are not limited to, child -on -child abuse, child abuse by non -caretaker, crimes against the elderly, non-English speaking persons, persons with disabilities, victims of federal crimes, victims of workplace violence and members of racial or ethnic minorities. 1. Briefly describe the need for services to victims of crime that will be addressed using VOCA funding. If needed, define the deficiency of services to victims. The Indian River County Sheriff's Office Victim Assistance Program provides first responder crisis intervention and follow-up services 24 hours a day through the use of three (3) full-time positions and ten (10) volunteers. Currently, one of the three full-time positions is funded by VOCA; the other positions are funded through the Sheriff's Office annual budget. The loss of this VOCA funding for the additional full- time position would create a tremendous hardship on the program and create a deficiency of service to victims. These victims suffer far more trauma than statistics can begin to show. Add to that the additional struggling economy, financial hardship, an intimidating criminal justice system, and a confusing administrative process, and soon the emotional trauma is overwhelming. 2. Provide information about crime statistics for all counties that will be served in the service area. Specifically, detail the statistics related to the need described in #1. 2014 Crime Statistics - Murder 4, Forcible Sex Offenses 17, Robbery 25, Aggravated Assault 238, Burglary 485, Larceny 1,448, Motor Vehicle Thefts 63, Domestic Violence 359. Total UCR Index Offenses -2,819. 215 Page 17 PART 5. STATEMENT OF NEED 3. Provide demographic information about the population of all of the counties that will be served. At a minimum, provide information about gender, race, or national origin and age for the service area. 2014 Estimated Population : 141,994 (a 2% increase from 2013 estimates). GENDER: Males 48% of Population, Females 52% of Population. RACE: Non -hispanic Whites 76.7% of the Population, Non -hispanic African-Americans 9.3% of the Population, Hispanics 11.7% of the Population, Asians 1.4% of the Population, Native American 0.4% of the Population. AGE: Median Age of Indian River County 49.1. 0-17 19%, 18-34 16%, 35-54 24%, 55-64 14%, 65+ 27% INCOME: Median Household Income- $44,772 POVERTY:' Persons below poverty level- 15.1% 4. Provide demographic information about the population to be served through the proposed VOCA project. At a minimum, provide information about gender, race, or national origin and age for the service area. 12014 Estimated Population : 141,994 (a 2% increase from 2013 estimates). GENDER: Males 48% of Population, Females 52% of Population. RACE: Non -hispanic Whites 76.7% of the Population, Non -hispanic African-Americans 9.3% of the Population, Hispanics 11.7% of the Population, Asians 1.4% of the Population, Native American 0.4% of the Population. AGE: Median Age of Indian River County 49.1. 0-17 19%, 18-34 16%, 35-54 24%, 55-64 14%, 65+ 27% INCOME: Median Household Income- $44,772 Persons below poverty level- 15.1 % POVERTY: 216 Page 18 PART 6. PROJECT PROPOSAL The project proposal must clearly outline what needs to be done and by whom in order to address the needs identified in the statement of need. The project proposal pertains only to the services related to the proposed Total VOCA Project (VOCA grant plus match activities). Responses are limited to 1000 characters, minimum 10 point font. Describe which services will be provided to the crime victims described in the statement of need. Summarize which services will be provided by each proposed VOCA funded personnel position or contractor. Specifically, indicate how the proposed personnel, operating, contractual and equipment expenses are associated with the provision of services to crime victims. The Indian River County Sheriff's Office (IRSCO) fully expects to provide the necessary direct services and referrals that are required of a first responding agency. Our agency (IRCSO) will continue to provide victims assistance to all Law Enforcement agencies in the county. The Indian River County Victim Assistance Unit refers all Child Abuse (Physical and Sexual) to age appropriate counselors to ensure the best treatment possible. Victims of DUI are carefully guided through the legal process, transitioning to the State's Attorney Office Victims Advocates. The victims of Domestic Violence are carefully educated about power and control and transitioned to Safe Space Councilors. Elder Abuse, though the numbers are small, is a hidden problem. Homicide, robbery, and assault vicitms/survivors are guided through counciling and the victim compensation process. 2. Provide a listing of other agencies that will coordinate services with the applicant for the VOCA project and the services provided by each agency. Indian River County Sheriff's Office Victim Assistance Unit works closely with a variety of service providers throughout the county, including the State Attorney's Office, SAFE SPACE, and the Mental Health Association, making referrals to appropriate services. SAFE SPACE provides domestic violence shelters and counselors for victims. The State Attorney's Office provides a smooth transition from first response through the court system. The Indian River County Victims' Rights Coalition provides victims awareness in legal rights for victims, as well as being a support system. Indian River County Council of Community Service is a strong network of agencies working together on behalf of Indian River County residents. The Council of Community Services also reviews available services and identify voids in those services. 217 Page 19 PART 6. PROJECT PROPOSAL 3. Describe in detail how the coordination of services will be accomplished. Indicate if a Memorandum of Agreement or other formal coordination plan is in place. IRSCO Victim Assistance Unit works closely with the State Attorney's Office, SAFE SPACE, and the Mental Health Association, making referrals to appropriate services. SAFE SPACE provides domestic violence shelters and counseling for victims. The State Attorney's Office provides a smooth transition from first response through the court system. The Indian River County Victims' Rights Coalition provides victims awareness in legal rights for victims, as well as being a support system. Indian River County Council of Community Service is a strong network of all agencies working with victims of crime. The Council of Community Services also reviews available services and identify voids in those services. The Victim's Assistance Program has a strong network with all law enforcement agencies in the county working with victims of crimes. Local resources have made significant strides in addressing the needs of victims 4. Does a duplication of If yes, please explain. 218 Page 20 PART 6. PROJECT PROPOSAL 5. The Final Program Guidelines mandate that grant recipients use volunteers in the victim services program. Describe how volunteers will be utilized to provide services to crime victims. If the agency does not currently utilize volunteers, please explain how they will be recruited and incorporated into the victim services program. Volunteers are used within the Victim Assistance/Advocate Unit on a daily basis. Seven of the volunteers are fully training Advocates and assist the Unit by taking Call -outs and On-call assignments. Other volunteers handle office duties such as data entry, phone calls, and filing. 6. Identify the number of volunteers currently utilized in the agency's victim services program. This number must be expressed in FTEs. 10.00 Volunteers provide 9,078 Hours of service annually 4.36 FTE equivalent (hours provided divided by 2080) 7. The agencies that receive VOCA grant funding are required to comply with the Federal YES statutes and regulations that prohibit discrimination in Federally assisted programs or activities. Recipients may not discriminate in employment on the basis of race, color, national origin, religion, sex, and disability. Also, recipients may not discriminate in the delivery of services or benefits on the basis of race, color, national origin, religion, sex, disability, and age. In order to ensure VOCA-funded agencies fulfill the expectations of the Federal civil rights obligations all organizations that receive VOCA funding must complete the online civil rights training curriculum for recipients offered by the Office for Civil Rights. If awarded VOCA grant funding will the applicant agency complete the required training and comply with all applicable Federal statutes and regulations related to civil rights and nondiscrimination (Choose one from the drop-down menu)? 219 Page 21 PART 6. PROJECT PROPOSAL 8. If applicable, provide a justification for not billing Victim Compensation for services that may be funded through Victim Compensation. For example, therapy services requested as part of the personnel or contractual budgets. IRCSO does not use VOCA Funding for any service that fall under the Victim Compensation Program. 220 Page 22 Agency Name: Indian River County Sheriffs Office Part 7A. VOCA PERSONNEL BUDGET Complete the table below and provide information about each position requested. In the Budget Narrative section indicate if the salary/benefit expenses listed include costs that are anticipated during the 12 month period. For example, raises and increases in benefit costs, as well as any other information needed to support the request. If funding is awarded, additional detailed information must be provided for salary and benefit expenses. Provide a job description for all proposed VOCA-funded staff and indicate the percentage of time by each job duty. The job description must reflect VOCA allowable activities that are equal to or greater than the percentage of the position that is VOCA funded. Personnel: Position Title Also a matching expense? Actual Salary Cost Actual Benefit Cost Is OT Total Amount Total Actual included in Percent Cost of the the Total Requested for VOCA position Actual VOCA Funding Funded 201 Cost? 5-2016 1 Victim Advocate NO $ 33,509 $ 10,879 $ 44,388 NO $ 44,388 100.00% 2. $ 3. $ - - 4. 5. $ 7. $ 8. $ - - 9. $ 10. $ 11. $ Personnel Subtotal $ 33,5091 $ 10,8791 $ 44,388 $ 44,388 a r Bu 14 3 Narrative: Salary reflects anticipated cost for fiscal year 2015-2016, including a projected three percent (3%) cost of living increase scheduled for October 1, 2015 for an hourly rate of $16.11. There are no anticipated or scheduled changes to employee benefits. 221 Page 23 Agency Name: Indian River County Sheriffs Office Part 7A. VOCA PERSONNEL BUDGET 5. 4 10 11 222 Page 24 Agency Name: Indian River County Sheriffs Office PART 7B. VOCA CONTRACTUAL BUDGET For each contractual service listed, include a description of the service to be provided, the business name of the contractor, the cost per unit of service, and the estimated units of service to be used. Indicate in the narrative section how the number of services requested was determined. Also, give a description of a unit of service, e.g., a 60 minute unit of legal services, a 60 minute individual therapy session, a 90 minute group therapy session. Attach additional page(s) if needed. EXAMPLE - Budget Narrative: Therapy, Inc., will provide therapy for adult survivors of incest. It is anticipated that this service will be used approximately 10 times during the year. Contractual Services - Contracts for specialized services: Name of Business or Contractor Cost Per Unit of Service Estimated Units of Service Total 1 $ _ 2 $ _ 3 $ _ 4 $ - 5 $ _ 6 $ _ Contractual Subtotal $ - Budget Narrative: 2. 3. 4. 5 91 Page 25 223 Agency Name: Indian River County Sheriffs Office PART 7C. VOCA EQUIPMENT BUDGET Items included in this section must be furniture and/or equipment costing $1,000 or more. If awarded funds in this category, prior approval is required before purchasing items. Provide a justification for the equipment purchase requests. Attach additional page(s) if needed. EXAMPLE - Narrative Response: The computer will increase the advocate's ability to reach and better serve crime victims. The cost listed above is for a complete computer package which includes the computer, monitor, software and printer. ALL EQUIPMENT PURCHASES MUST BE PRE -APPROVED PRIOR TO THE ACTUAL PURCHASE Equipment: Description Number Cost Per Item Total 1 1 $ _ 2 $ - 3 $ _ 4 $ _ 5 $ _ 6 $ _ Equipment Subtotal $ _ Budget Narrative: PA 3. 4. 5 Page 26 224 Agency Name: Indian River County Sheriffs Office PART 7D. VOCA OPERATING BUDGET Office supplies such as paper, pencils, toner, printing, books, postage, transportation for victims; monthly service costs for telephone or utilities; staff travel (for direct service to crime victims only), etc. Furniture and equipment costing less than $1,000 should be requested from this budget category. In the narrative section, provide a brief description of the operating expenses and note if the cost is pro -rated. Indicate how the number and cost of services requested were determined (by FTE? by % use? by sq/ft?). Attach additional page(s) if needed. EXAMPLE- Narrative Response: The Victim Advocate will need monthly telephone service calculated at $20 per month, which is the standard rate budgeted for new positions in this agency. Operating Expenses: Descri tion Number Cost Per Item Total 1 1 $ _ 2 $ _ 3 $ _ 4 $ _ 5 $ _ 6 $ _ 7 $ _ 8 $ - Operating Subtotal $ _ Budget Narrative: 1. 2. 3. 4. 5. 1.1 7 0 I 1 225 Page 27 Agency Name: Indian River County Sheriffs Office PART 8. VOCA MATCH BUDGET Program Match: The Final Program Guidelines require that all proposals provide a 20% match of the total VOCA project. Total VOCA Project is defined as the VOCA Budget Request plus the Program Match. Match funds are subject to the same restrictions that govern VOCA grant funds, i.e., the source of program match must be a VOCA- allowable expenditure. To determine the amount of match required by the Final Program Guidelines for the proposed VOCA project, divide the total amount of the VOCA Budget Request by four. The result is the amount of the program match. For example, if the VOCA Budget Request is $30,000, then divide $30,000 by four which equals $7,500. In this case, the required match is $7,500 which equals 20% of the total VOCA project. The following further illustrates the program match requirement: $30,000 VOCA Budget Request + 7,500 Required Program Match ($7,500 equals 20% of the total VOCA Project) $37,500 Total VOCA Project Allowable match funds may include, but are not limited to, volunteers, staff salaries, rent, equipment, operating costs, etc. Federal funds from other sources cannot be used for VOCA match. Match used for the VOCA project cannot be used as match for any other grant. Do not over report match, i.e., do not provide match in excess of 20% of the total VOCA project. Match may be provided as either cash or in-kind or a combination of cash and in-kind as follows: Cash Match: A cash match is any cost component that is included in the agency's overall budget as it applies to the provision of direct services for victims of crime, i.e., staff providing direct victim services, travel related to the delivery of direct victim services, rent paid by the agency for the portion of the program providing direct victim services, etc. If the agency pays for the expense, then it may be used as a cash match. In -Kind Match: An in-kind match includes donated items or services that benefit the program but which do not have a dollar value assigned for budgeted purposes. For example, programs may use volunteer hours as match. The value placed on donated services must be consistent with the rate of compensation paid for similar work in the applicant agency. If the required skills are not found in the applicant agency, the rate of compensation must be consistent with the labor market. Programs may use items donated by other programs or individuals as in-kind match, i.e., rent and utilities used for the provision of direct services to victims and donated by another source outside the agency. The Program match section is an itemized description by budget category of proposed matching contributions. The budget categories are personnel, contractual services, equipment and operating expenses. Provide a detailed (itemized) list and a budget narrative for each budgeted category. Indicate the funding source and indicate if it is a cash or in-kind match. Do not over report required match. Unless otherwise approved by the OAG, reported match must be consistent with the monthly reimbursement request. Match Narrative: Describe in detail the type of Match, whether cash or in-kind, the budget category, etc. Submit the same detailed information for match as provided for VOCA funded items. If match is in the personnel category for paid staff complete the table below (attach additional page(s) if needed) and provide the total salary and benefits and percentage. Attach job descriptions for all paid staff and/or volunteers reported as Match. Failure to provide VOCA allowable job descriptions may result in a reduction to your request. 226 Page 28 Agency Name: Indian River County Sheriffs Office PART 8. VOCA MATCH BUDGET EXAMPLES- Match Narrative: Our agency utilizes volunteers who provide direct services to victims of crime, such as intake clerks, clerical (types reports and calls victims) and victim advocates. The agency anticipates using volunteers at the equivalent of 20 - 23 hours per week x 52 weeks x $5.15 for a match of $5,698. * Only those agencies with an established volunteer component are eligible to utilize volunteers as match. The agency rents office space from the Global Company at $14,400 annually and the agency's pro rated portion for office space for volunteers and supervisor of the victim advocate would be approximately 19% (or $234 per month) x 12 months = $2,807. Approximately 5% of the Victim Advocate Supervisor position will be utilized to provide supervision for the victim advocate position. The supervisor's total salary and benefits equal $32,000. Program Match Description Funding Source May not be derived from Federal Dollars Cash or In- Budget kind Category Match Amount 1 Victim Assistant/Advocate Local, Public or Private CASH Personnel $ 11,097 2 3 4 5 6 7 8 Match Total $ 11,097 Match Narrative: 2. 3. 4. 5. 6. 7. 8. The Indian River County Sheriffs Office will utilize a non-VOCA funded Victim Advocate Coordinator as its match in personnel. The will be approximately approximately 25%. Job Description for Match position labeled as MATCH Position. 227 Page 29 VOCA BUDGET REQUEST Budget Summary By Category - Provide the subtotal for each budget category for the Total VOCA Budget Request. Amounts must be rounded to the nearest whole dollar. TOTAL VOCA BUDGET REQUEST Personnel (7A) $ 44,388 Contractual Services (713) $ - Equipment (7C) $ - Operating Expenses (7D) $ - TOTAL $ 44,388 REQUIRED MATCH (use this total amount in Part 8 - Match Budget) $11,097 228 Page 30 Agency Name: Indian River County Sheriffs Office PART 9. VICTIMS SERVED AND TYPES OF SERVICES Indicate the number of victims provided services by VOCA-funded and matching staff during the grant period. The figures indicated are projections based on historical data and/or the anticipated need of the population served through the VOCA project. It is anticipated that the categories indicated for victim populations and/or services provided may be expanded or narrowed depending on the needs of the victims identified during the grant period. If awarded funding, the applicant agency will be expected to fulfill these performance expectations. At a minimum, the agency will provide services to no less than 80 percent of the total number of projected victims. Each victim should be counted only once unless there is a separate instance of victimization. For example, a victim of spouse abuse assault should be counted one time during the grant period unless he/she is victimized as a result of a separate and unrelated crime. Recipients of VOCA funding are required to provide services to victims of Federal crimes and to provide assistance with the VOCA Crime Victim Compensation program. 2015-2016 VOCA Grant Request from the Budget Summa Pae 44,388 # of Victims to be Served Type of Victim $ Amount per Category % of Total Grant Amount # of Other Types of Victims to be Served For other s of crimes, type identify and list each separately below. 0 Child Physical Abuse $ - 0.00% 0 Child Sexual Abuse $ - 0.00% 1000 Burglary, Auto/Residential 4 DUI/DWI Crashes $ 47 0.11% 400 Battery 652 Domestic Violence $ 7,620 17.17% 700 Stolen Vehicle/Theft 1 Adult Sexual Assault $ 12 0.03% 100 Stalking 8 Elder Abuse $ 93 0.21% 450 Criminal Mischief 0 Adults Molested as Children $ - 0.00% 200 Scams/Fraud 10 Survivors of Homicide Victims $ 117 0.26% 4 Kidnapping/Missing 103 Robbery $ 1,204 2.71% 166 Assault $ 1,940 4.37% TOTAL VICTIMS 3,79$ $ 44,388 100.00% 2,854 Subtotal of "Other' $ 33,355.28 75.14% Indicate the number of victims projected to receive the following services. In this section, only count a victim once, regardless of how many times the victim received a particular service. The total amount for any one service may not exceed the total number of victims projected to be served. See the VOCA Definitions for a description of each service. # of Victims to be Served Type of Service # of Other Types of Services to be Provided For other types of services, identify and list each separately below. 252 Crisis Counseling 704 Follow-up Contacts 0 Therapy 0 Support Groups 0 Crisis Hotline Counseling 0 Shelter/Safehouse 405 Information and Referral (in -Person) 0 Criminal Justice Support/Advocacy 0 Emergency Financial Assistance 0 Emergency Legal Advocacy 4,016 Assistance with Victim Compensation - Mandatory 482 Personal Advocacy 608 Telephone Contacts TOTAL SERVICES 6,467 0 Subtotal of "Other" Services Page 31 229 Agency Name: Indian River County Sheriffs Office RELATED PARTIES QUESTIONNAIRE This form must be completed and signed by the Executive Director or an agency official who is authorized to enter into contractual agreements. Attach additional pages if needed. 1. Are there currently any family relationships that exist between the board of directors, the agency's YES/NO principal officers, the agency's employees, and any independent contractors? I NO If yes, describe any and all family relationships that exist. 2. Are you aware of any interests, direct or indirect, that exist with the current board of directors, the current agency principal officers, the current agency employees, or any current independent contractors in the following area? YES/NO (a) Sale, purchase, exchange, or leasing of property? NO (b) Receiving or furnishing of goods, services, or facilities? NO (c) Transfer or receipt of compensation, fringe benefits, or income or assets? NO (d) Maintenance of bank balances as compensating balances for the benefit of another? NO Lu any avove, aescrwe any ana au interests mat you are aware of at trns time. 3. Are any current board of directors, current agency's principal officers, current agency's employees, or any current independent contractors indebted to the agency? If yes, describe the nature of the debt. YES/NO NO 230 Page 32 Agency Name: Indian River County Sheriffs Office RELATED PARTIES QUESTIONNAIRE 4. Have any current board of directors, current agency principal officers, current agency employees, or YES/NO any current independent contractors misappropriated assets or committed other forms of fraud against the agency? NO If yes, describe the nature of the misappropriation. By signing this form, I hereby certify that the information contained in this questionnaire is true and accurate to the best of my kno Ledge and belief. I acknowledge my obligation to notify the Office of the Attorney General V0 Graht�AAarc�.,ef for this contract of any changes to the information provided. OT 2/18/2015 Signature 4 Date Deryl Loar Sheriff Print Name Title 231 Page 33 Victim Assistant/Advocate Victim Assistance Unit Criminal Investigations Division Indian River County $14criffs Office The primary job function is to provids approved direct services, and to provide information on available sevices and referrals when appropriate to victims of crime In accordance with State Statutes, Grant Contracts, and IRCSO policies and Pr000dures, To act as a liaison for victims with the criminal juolce system and social service agencies available on a national, state, and local level. The Immediate supervisor Is the Victim Assistance Coordinator of the Victim Assistance Program, QM!19A1L 'lI AM: i, 60% Respond to crime scenes or other locations of victims in crisis situations to meet with the victims or victims' survivors to provide crisis Intervention and referral to appropriate social service agencies. In non -crisis situations, make contact with victims by telephone, In person, or by mail as appropriate and in accordance with the IRCSO Victim Assistance Program. 2. 25% Provide the victim and/or other persons related to the victim with emotional and/or physical support in accordance with the Victim Assistance Program. 3. 5% inform and instruct crime victims when necessary on the workings of the criminal justice system and providing victims with information that will help them in understanding the course their case may be taking. 4. 100/6 Responsible for submitting data and crime victim reports detailing work activities. 5. 0% Peribrtn victim assistance program assignments and spoolal projects as assigned by immediate supervisor. 6. 0% review cases as directed by immediate supervisor, 7. 0% Serve as IRCSO liaisons with local, state and national victim service organizations as directed and approved by immediate supervisor, 8. 0% Assist in recruiting and training volunteers to work In the victim assistance program, las directed by immediate supervisor, 1, Must know applicable federal, state and local laws pertaining to victims' rights and the policies and procedures of the Indian River County Sheriffs Office and local Criminal Justice System. 2. Must be familiar with local services and alternative resources available to ensure victims receive assistance in recovering from the harm they have endured as a result of the crime. 3. Must know crisis intervention techniques to provide +s#f€eotivo communication and support to victitn3 who have suffered through traumatic cxporiencc, 4., Must compiete and submit appropriate forms for compensation as required by applicable source, 232 3. must demonstrate to victims a sinoore attitude; genuine and concerned. 61 Must be sol€ directed and creative In assisting victirns with solving probloms, through suggestions and referrals, which worn creatod or exacerbated by the rotated crime or by the events related to the case boing Investigated, prosecuted, or disposed, 71 Most be able to restate on a 7 day/24hours call out schedule for responding to crisis situations, MINXl�U.1V� Q�JAEZFXCAT14�l�11�: 1. Bachelors Degree in Criminal Justice or a related field. 2. Prior experience in Victim Assistance/Advocate field. 3. Experience working in the Criminal Justice System or one of the local, state, and/or federal social services agencies available to crime victims. REQUIRED: I . Associate Degree in Criminal Justice or a related field, or, a high school graduate or GED with two years work experience In providing direct victim services. 2. Must attend and complete Victim Assistance training course as administered by the IRCSO prior to or within six (6) months after appointment. 3, possess a valid Florida Driver's license. Knowledge of crisis intervention techniques, Knowledge of grieving process techniques, Ability to be proficient in active listening skills. Ability to communicate effectively verbally and In writing, (Case management) Ability to establish. and maintain effective working relationships with others. Ability to concentrate on projects, Ability to maintain a high level of motivation, and innovation, Willingness to work long and unusual hours, Ability to maintain high ethics. Ability to maintain high level of confidontlality, THE VOCA FUNNED Victim Assistant/Advocato position is 100% VUCA allowable. The KATCH Victim Assistant/Advocate position is being reported as 25%, 233 Victim Assistant/Advocate Victim Assistance Vnit Criminal Investigations Division :Indian River County Slieriffs Office The primary job function is to provide approved direct services, and to provide information on available services and referrals when appropriate to victims of crime in accordance with State Statutes, Grant Contracts, and IRCSO Policies and Procedures, To act as a liaison for victims with the criminal justice system and social service agencies available on a national, state, and local level. The immediate supervisor is the Victim Assistance Coordinator of the Victim Assistance Program. CRITICAL TAW: 1. 55% Respond to crime scenes or other locations of victims in crisis situations to meet with the victims or victims' survivors to provide crisis intervention and referral to appropriate social service agencies. In non -crisis situations, make contact with victims by telephone, in person, or by mail as appropriate and in accordance with the IRCSO Victim Assistance Program. 2. 20% Provide the victim and/or other persons related to the victim with emotional and/or physical support in accordance with the Victim Assistance Program, 3. 5% Inform and instruct crime victims when necessary on the workings of the criminal justice system and providing victims with information that will help them in understanding the course their case may be taking. 4. 15% Responsible for submitting data and crime victim reports detailing work activities. 5. 21/6 Parform victim assistance program assignments and special projects as assigned by immediate supervisor. 6. 2% Review cases as directed by immediate supervisor. 7. 1% Serve as IRCSO liaisons with local, state and national victim service organizations as directed and approved by immediate supervisor. 8. 0% Assist in recruiting and training volunteers to work in the victim assistance program, as directed by immediate supervisor. .I C C : 1. Must know applicable _federal, state and local laws pertaining to victims' rights and the policies and procedures of the Indian River County Sheriffs Office and local Criminal Justice System, 2. Must be familiar with local services and alternative resources available to ensure victims receive assistance in recovering from the harm they have endured as a result of the crime. 3. Must know crisis intervention techniques to provide eff-ective communioation and support to viotinns who have suffered through traumatic experience. 4. Moist complete and submit appropriate forms for compensation as required by applicable source. 234 11 Must demonstrate to victims a sincore attitude, gcouine and concerned: 6: dust be colt<direoted and creative in ossisting victims with solving problems, through suggestion and referrals, which were created or ,exacorbated by the related crime or by the events related to the oase being Invostigated, prosecuted, or disp000d, 7: Must be able to rotate on a 7 day/24hours oail out schedule for responding to crisis situations, L Bachelors Degree in Criminal Justice or a related field. 2, Prior experience in 'Victim Assistance/Advocate field. 3. Experience working in the Criminal Justice System or one of the local, state, and/or federal social services agencies available to crime victims, REQUIRED: 1. Associate Degree in Criminal Justice or a related field, or; a high school graduate or GED with two years work experience in providing direct victim services. 2, Must attend and complete Victim Assistance training course as administered by the tRCSO prior to or within six (6) months after appointment, 3. Possess a valid Florida Driver's license. Knowledge of crisis intervention techniques. Knowledge of grieving process techniques. Ability to be proficient in active listening skills, Ability to communloate effectively verbally and in writing. (Case management) Ability to establish and maintain effective working relationships with others. Ability to concentrate on projects. Ability to maintain a high level of motivation, and innovation. Willingness to work long and unusual hours. Ability to maintain high ethics. Ability to maintain high level of confidentiality. THE VOLA FUNDED Victim. Assistant/Advocate position is 100% VOOA 41Mowable. The MATCH Victim Assistant/Advocate position is being reported as 25%. 235 MENTAL HEALTH ASSOCIATION IN INDIAN RIVER COUNTY An Affiliate of Mental Health Aeaedn February 10, 2015 Shirley Rosemond Victim Assistance Coordinator Indian River County Sheriff's Department 4055 41St Avenue Vero Beach, FL 32960 Dear Ms. Rosemond: It's Ok to Get Help! The Mental Health Association again applauds the work you have done to provide the only crisis first response team for victim services in Indian River County. By working with you, we have been able to help many victims work through their emotional uncertainties and reestablish their psychological equilibrium after having been victimized. You and your staff are outstanding professionals whose expertise in providing direct services to victims is a great asset to our community and it is my pleasure to write in support of the Indian River County Sheriffs application for VOCA funding. We deal with people in crises on a daily basis and having your program available for referral lends us great credibility and also gives us satisfaction in knowing our clients will be in good hands. It is also because you are there for the victims that they are able to seek help comfortably and with the support of your staff, begin the healing process. The countless hours and dedication you and your staff contribute truly show your commitment to the victims of crime in our community. For this we are truly grateful. We believe in your work and look forward to our continued professional relationship. Please let us know if there are any other ways in which we can work together. Sincerely, r� t Robert J. Brugnoli, Ph.D. Executive Director 820 37th Place, Vero Beach, FL 32960 MAIN 772.569.9788 FAX 772.569.2088 www.mhairc.org A United Way Agency • An Affiliate of Mental Health America 236 r' Bruc* H. Colton State Attorney OPPI t OP' HP- rfN tit d`t j1:t�tCIA1 C11tr`l�l r bt Ni ORMA INDIAN RIM, MARTIN) 0KPucj4oDEt, AND MT LUM COUNTIM l ebruaty 2, 2014 TO WHOM ITMAY CONCERN: 4t 1 South Second Street Nrt Plftue ltloridi 44950 (772) 465-Ll000 1= (772) 462.1214 The Stam Attorney's Office Victim Services Division has worked closely with the Indian Aver County Sheriff's Office since January, 1981, offering services to the victims of sexual assault, and that relationship has costtinued to this date, In 1991, the Sheriff s Office established a victim advocate position, and began providing direct service to all victims of crimes othtr than sexual assault, This service was provided from the time of the reporting of'the offense until the time an arrost was made and the case presented to the State Attorney's Office, The Sheriff's advocate, at that paint, introduces the victim to the State Attorney's advocate, who then assists the victim t1vough the court system, This Is truly it wondertlil working relationship, and because of the care olid concern of the individual advocates, all of the victims are assured the very best In continuity of care, T'he programs complement each other and thus avoid duplication of eervIces, It is my pleasure to write in support of the Sheriff's application for VOC,A wading, The victims of Indian River County will benefit from both programs being able to continue offering increased levels of service, If you have any ftIrtho, questions, please do not hesitate to call ane, Sincerely, BI�I.JC,.B H,, C:CJC,TON Y State Attorney BIIC/cp 237 t' 413411, .t(Arrctctry 8, 2015 1'c5 W1101rI :t Nlcty C;oneorrr: It is ri1 pleasure to write this letter in support taf'the Indian River County Sherit't,s Office Victim Assistance Program. We have had it closc \Norltin}r rclationship with thi;; program since it was started its 19 31. The t+c_ vocatus have btc—;m t: vaiifthie to our department on a continual basis at Anytirne we call licr their <ts: istttnc L. We v.m able: to call on thorn for at; of Our victims, excluding the si:xuai assault victims, which are hondiecl by the State Attome)':; Office Victim Advocate Program. I support ferry additional funding through the: VC. CA !runt this' prug-r€rn is regUostin�. [t wviil benefit not only their agency, but also all law enforvement € goticies in Indian Rivor Count)" 1,114rel'ore, it will extc nd 9c,rvicc: to all crinic^ viltinos in lnclittn River County, Sincerely DUv 41 F (;tn°re, / C'hie{' (I I' Pol iCc:� 238 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION Q REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2) limit remarks to three minutes unless additional time is granted by the commission ala.& S rwA i i" g* oa.m uc fh NAME OF INDIVIDUAL OR ORGANIZATION: d ea,ir ssc-,C�,7, ADDRESS: J it &11 m eky, AL J � al y� PHONE: Z - 6v 33 `drS, SUBJECT MATTER FOR DISCUSSION: ALJ -fit/ T �a,�c Jaz IS A PRESENTATION PLANNED? IS BACK-UP BEING PROVIDED? IS THIS AN APPEAL OF A DECISION? —Yes No Yes � Nwo F Yes o i WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? A�2 n w J U l ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? F Yes I No WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? r-- 41A Transmitted to Administrator Via: Interactive Web Form E -Mail Fax XMail Hand Delivered Phone L COUNTY ADMINISTRATOR: Joseph A. Baird MEETING DATE: :0,0 239 Five years ago, IRCAA became involved with the Florida Youth Hunt Program. Today, IRCAA currently has 10 hunt masters certified by FWC by attending weekend classes and over 15 hunt guides to assist youths and parents while in the woods. They also have 3 skills trail instructors. In 5 years they have hosted 31 youth hunts to date. They have mentored over 175 youths both boys and girls aging between 10-17 years old. These youths have completed their hunter safety certification, learned fire arm safety, how to properly care for a harvested animal, and proper hunting ethics. IRCAA has taken it upon them selves to purchase hunting equipment and even a hunt trailer fully stocked with cooking supplies. They have raised money through local business sponsorships, community raffles, and even a sold out golf tournament that included 144 players at Sebastian Municipal Golf Course. Property of Interest: Sandlake Track by IRC and SJWIM located on west side of I-95 north of Corragans Ranch and south of Ansends property along CR 512. IRCAA is currently looking at utilizing this property to conduct hunter safety and youth hunts. 240 Property owners that are currently allowing youth hunts: ])South Florida Water Management 2) Saint Johns Water Management 3 )Blackwater Creek Ranch (Private) 241 7 JOS tiS r�-"�v�a-( QSa�Ci �Jv`�`�lel l S r ,J �O ✓�t� 4'i ti� �u�.� ►ti0� %ti `y «1 ©l3 s Cs v�p ec`i A GJ -�- Ole as- '� {�; •-� y c.:� � o '��--`_ � o � cum 5 FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION HUNTER SAFETY AND PUBLIC SHOOTING RANGES ` qv 4 - MYFWC.com/HUNTERSAFETY 242 �C),- ( Z\o-c-kem- c,,)clk-ter / 0-6 Fo -OMDA F -)N')i HVA I IC)N (,,()MMI HUNTER SAFETY AND PUBLIC SHOOTING RANGES I I I � ')A I - I-- I Y My I W(,. Ni /A I I J N -:�j 243 D-DarlbWd6uZ(A�of Celt Von qck \c� Ac U-, ti6 L CAM� rTom , Los-)ldof, C.Drr�_ F -ORI A FI:)I-1 AN[) Wli J)l_II E. (;ON`�E-WAIION ('0MMI`'`,10N HUNTER SAFETY AND PUBLIC SHOOTING FRANGES MYFWC.COM/1-1UNTERSAEETY 244 WoA(---l),�- C,�e(�b � oxr-� F\ccs FLORIDA I ISM AND WILC)I Jf E COM;FINAi ON C:()MMIN'10N HUNTER SAFETY AND PUBLIC SHOOTING RANGES MYF WC:.cOM/f WN FF--FRSAF F-1 Y 245 r '`` INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: February 17, 2015 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services ®n Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager Aw Subject: Notice of Scheduled Public Hearing to Consider a Waterline to be Installed from 13580 including 13680 North Indian River Drive (also known as Riverside Drive) in Indian River County, Florida. DESCRIPTIONS AND CONDITIONS: On January 6th, 2015, the Board of County Commissioners (BCC), authorized staff to adopt a resolution setting the time and place for a Public Hearing on March 10, 2015, at 9:05 am to discuss the installation of a watermain within Indian River Drive as a Special Assessment Project. [Legislative] The scheduled Public Hearing is to provide the property owners in the special assessment area an opportunity to comment on the potential project. The public hearing will be held in the County Commission Chambers during the regularly scheduled meeting on March 101h, 2015. RECOMMENDATION: The above referenced public hearing item is provided for the Board's information. No action is needed at this time. APPROVED FOR AGENDA: Josep A. Baird, County Administrator For:4�i Date Indian River Co. Approved Date Administration j Legal 2 Budget 15 Utilities Z 19 l Utilities -Finance 2-tk-ti F:\Utilities\UTILITY - Engineering\Projects - Assessment Projects\OOOAssessments - 2012 Proposed\IR Drive - Roseland Rd to Inlet at Sebastian 246 Condos\BCC Agenda Items\Agenda Public Hearing Notice 2-17-15.doc )o1 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator DIVISION HEAD CONCURRENCE: Stan Boling, AICP Community Develo ent Director THROUGH: Sasan Rohani, AICP � /� Chief, Long -Range Planning FROM: Bill Schutt, AICP 11.9, Senior Economic Development Planner DATE: February 24, 2015 SUBJECT: Consideration of Economic Development Strategic Positioning, Target Industry Assessment & Action Plan Report It is requested that the following information be given formal consideration by the Board of County Commissioners (Board) at its regular meeting of March 3, 2015. Note: The economic positioning consultant, Ady Advantage, will present the report and action plan during the Proclamations and Presentations portion of the March 3rd Board meeting. DESCRIPTION AND CONDITIONS At its November 12, 2013 meeting, the Board reviewed a request from the Economic Development Council (EDC) to create a budget and a Request for Proposals (RFP) for an Economic Development Positioning Plan. At that meeting, the Board authorized the RFP process and funding of up to $75,000 for development of the positioning plan. The Board also directed staff to coordinate with the Indian River County Chamber of Commerce on development of the RFP and throughout the positioning plan process. On April 8, 2014, the Board authorized staff to issue the RFP to select a consultant to prepare an Economic Development Positioning Plan, and the RFP was subsequently issued. By the May 14, F:\Community Development\Users\EDplannr\Plans, Study's & Reports\Economic Positioning Initiative 2013-2014\BCC Agenda Items\BCC Item - Draft ED Positioning and Action Plan V2.doc 247 2014 submission deadline, a total of 12 complete proposals were submitted in response to the RFP. Those responses were reviewed by a consultant selection committee, which ultimately interviewed 3 firms and unanimously ranked Voltedge, Inc. (hereafter referred to as "Ady Advantage") as the number one firm. On June 10, 2014, the Board reviewed the selection committee's ranking recommendation, and a proposed scope of activities from Ady Advantage offering to provide a range of services. Included in the range of services was a consultant modified version of the Phase I services listed in the County's RFP at a cost of $80,000, optional Phase I services (community survey, Gap analysis, target industry/cluster analysis, goal setting, and revised report presentation) proposed by the consultant at a cost of $45,250, and Phase II services (branding and marketing activities) listed in the County's RFP at a cost of $25,000. Upon review of the consultant selection committee ranking and consultant's proposed scope of activities, the Board approved the selection committee's ranking recommendation and authorized staff to negotiate with the number one ranked firm, Ady Advantage, for Phase I services for a price of up to $80,000. On June 17, 2014, the Board reviewed and approved a contract with Ady Advantage for $80,000. At that time, staff reported to the Board that additional activities such as Phase II branding and marketing could possibly be handled and paid for by the private sector through efforts coordinated by the Indian River County Chamber of Commerce. Since contract approval, Ady Advantage has worked closely with the County and Indian River County Chamber of Commerce to complete the tasks outlined in the contract. Those tasks included: 1. Completing two widely promoted community meetings (one at Indian River State College, Richardson Center in .Tune 2014, and one at the City of Sebastian Council Chambers in January 2015). Interviewing and surveying various officials, groups, and key individuals associated with businesses and services to identify how Indian River County is perceived and actions that can be taken to strengthen positive perceptions and reverse negative perceptions; 3. Completing a sites and buildings analysis; 4. Preparing a competitive positioning assessment (local business costs, conditions, and asset analysis) and assessment of the County's list of target industries; and Preparing an economic development positioning analysis report and action plan (with recommendations) that identifies actions that can be taken to improve the County's economic development competitiveness. Throughout the project, the public and interested parties were frequently updated via e-mail communications on plan preparation progress and opportunities for public input (194 e-mail 2 F:\Community Development\Users\EDplannr\Plans, Study's & Reports\Economic Positioning Initiative 2013-2014\BCC Agenda ltems\BCC Item - Draft ED Positioning and Action Plan V2.doc 248 addresses used). Copies of updated sections of the plan, which were developed and released over a 6 month period, community meeting videos and presentations, and related information were also posted and are currently available on the County website (www.ircl:;ov.com/edpaap). Infonnation about the project has also been regularly posted and updated on the Indian River County Chamber of Commerce website (wyvw.indimriverchamber.ami/index.ctin?Method=l: recommended actions for the Chamber, the County and the cities to undertake. Those actions are contained in the Section 7 action plan portion of the overall report. Among the data collected were public perceptions and views about the local and regional economy and community. Those data were gathered through individual interviews, group interviews, and surveys, and via public meeting input. The perceptions/views data are detailed in Section 3 of the plan and a list of those entities and persons providing input are provided in Section 1 (See Attachment 2). Respondents provided their perception of what relocating companies want to know, what the core industries are in the county, how the region has evolved over the last decade, what the region's greatest economic assets, strengths, and weaknesses are, what the biggest opportunities for growth are, and what industries the region can be competitive in. Responses are listed and graphically displayed in the report. Many of the perceptions contained in Section 1 are consistent with the Ady Advantage findings included in other sections of the plan. Other data and information collected by the consultant included property listings from July 2014 for "shovel ready" industrial properties, vacant industrial buildings, and primary and secondary data, including local business costs, availability of transportation, availability of labor, and availability of job training programs. Those data are contained and analyzed in Section 4 of the plan. The consultant's, analysis includes site selection industry perspectives and recommendations based on a sites and buildings tour of each listed industrial property (see plan page 64). Consultant recommendations for improving listing information and access for business site selectors include essential data completeness for each property, posting data on appropriate websites, and providing a map of the site within its regional context. Section 5 of the plan includes an analysis of data related to business costs and general conditions in Indian River County as compared to the state of Florida, Georgia, Alabama, and the United States as a whole. That section includes "Asset Maps" that graphically depict the county's competitiveness with respect to local strengths and weaknesses as they relate to economic and business climate factors considered important to businesses. Overall, the county is competitive with the referenced states and United States as a whole. The county's strengths includes availability of labor, low cost high skilled labor, availability of transportation infrastructure, and availability and quality of higher education and training opportunities. Weaknesses the County can try to overcome or minimize are the cost of natural gas and the cost of electricity within the City of Vero Beach service area. Targeted industries are discussed in Section 6 of the plan. That section provides a brief but not "full blown" assessment of the County's current target industry list. The consultant's general observations confirm the appropriateness of the County's targeting of aviation/aerospace, life science/research, and regional warehousing/distribution sectors. Due to the limited scope of work for the positioning plan, the consultant did not perform a detailed (full blown) target industry analysis which might reveal additional target industry options and would include development of a positioning statement for each target industry. While the consultant confirmed the County's targeting of the aforestated industry sectors, the consultant also concluded that the County's current overall target industry list is 4 F:\Community Development\Users\EDplannr\Plans, Study's & Reports\Economic Positioning Initiative 2013-2014\BCC Agenda Items\BCC Item - Draft ED Positioning and Action Plan V2.doc 250 too broad to be used to effectively market the County, especially with limited marketing resources. The consultant recommended that the County focus its pro -active marketing efforts on just a few target industry sectors that offer the best fit with the County's assets, while continuing to offer incentives for a broad spectrum of industries that produce higher wage jobs. Section 7 of the plan constitutes the "Action Plan" (see Attachment 3) and contains a proposed County "Positioning Statement" and recommended strategies with implementing action items. The proposed positioning statement highlights the county's assets and strengths and is intended to be used county -wide by various organizations, business leaders, the County, and the cities to provide a unified economic development marketing direction and message. Beyond the Positioning Statement, Section 7 also contains specific actionable strategies for the Chamber, the County, and the cities to undertake to encourage and promote business retention and expansion and to attract new businesses. A brief description of each action item and an indication of items to be presented to the EDC and BCC are listed in the table below. Section 7 includes a timeline for the major action items, which indicates that most items with end products will be completed during 2015. Strategy # Action Item Primary Responsible Entity Present to EDC and BCC 1 Create a Business Retention and Expansion Plan Chamber X Select Business Retention and Expansion Software Chamber - 2 Conduct Detailed Target Industry Analysis Chamber and County X Create Target Industry List and Develop Positioning Statements for Each Chamber and County - Create Industry Sell Sheets Chamber - Develop Marketing Plans for each Target Industry Chamber X 3 Conduct Brand Audit/Develop Marketing Chamber - Create Economic Development Brand Chamber X Implement ED Branding Chamber - 4 Develop Stand-alone Economic Development Website Chamber X Develop Materials for Economic Development Website Chamber - 5 Create Minimum Property Listing Data Thresholds Chamber - 6 Continue to support regional economic development efforts Chamber, County, & Cities With respect to costs, Strategies 2, 3, and 4 involve hiring consultants to complete related tasks. Two of those strategies, Strategy 2 (detailed target industry analysis) and Strategy 3 (brand audit/marketing plan) were originally proposed by Ady Advantage as "optional" items in its RFP F:\Community Development\Users\EDplannr\Plans, Study's & Reports\Economic Positioning Initiative 2013-2014\13CC Agenda Items\BCC Item - Draft ED Positioning and Action Plan V2.doc 251 response considered by the Board on June 10, 2014. At that time, the Board did not choose to immediately pursue those items. The Board felt that those items could be considered at a future date. During the Board discussion in June 2014, it was also noted that a brand audit/marketing plan was a future activity that might be best suited for the Indian River County Chamber of Commerce to coordinate with the private sector to handle and fund. Based on the consultant's original proposal for services, the cost for completing Strategy 2 (detailed target industry analysis) is estimated to be $16,000, and the cost for completing Strategy 3 (brand audit/marketing plan) is estimated to be $25,000. It is estimated that the cost for completing Strategy 4 (stand-alone economic development website) is roughly $5,000, with actual cost dependent on website features. With creation of a new website, there would also be an ongoing monthly maintenance cost of between $25 and $100. Strategies 2, 3, and 4 aside, Strategy 1 (business retention and expansion plan), Strategy 5 (minimum property listing data thresholds), and Strategy 6 (support regional economic development efforts) are all activities that would involve minimal upfront costs. It is anticipated that those strategies could be handled by existing staff at the Indian River County Chamber of Commerce, with assistance from County staff, as appropriate. The Board is now to review and accept the Strategic Positioning, Target Industry Assessment, & Action Plan prepared by the consultant with any changes or additions the Board may have. FUNDING There are currently no costs associated with accepting the proposed plan. There are costs associated with implementing Strategy 2, Strategy 3, and Strategy 4, as discussed above. RECOMMENDATION Staff recommends that the Board of County Commissioners review and accept the Strategic Positioning, Target Industry Assessment, & Action Plan with any changes or additions it may have. ATTACHMENTS 1.) Draft Strategic Positioning, Target Industry Assessment, & Action Plan (full hardcopy available in BCC Office; also available on-line at http://www.irccdd.coin/Plaiinin<� Division/EDPAAP/Report5.PdD 2.) Executive Summary 3.) Section 7 Action Plan and Recommendations n C:\Users\bschutt\Desktop\BCC Item - Draft ED Positioning and Action Plan V2.doc 252 APPROVED AGENDA ITEM: FOR: March 3, 2015 BY: 1 Indian River Co. Apprqxed Date Admin. Legal Budget 5 Dept. Ant Risk Mgr. F:\Community Development\Users\EDplannr\Plans, Study's & Reports\Economic Positioning Initiative 2013-2014\BCC Agenda Items\BCC Item - Draft ED Positioning and Action Plan V2.doc 253 A Copy of the Economic Development Strategic Positioning, Target Industry Assessment, & Action Plan is Available in the Board of County Commissioners Office and is Also Available at: http://www.ircedd.com/Planning Division/EDPAAP/Rep ort5.pdf Attachment 1 F:\Community Development\Users\EDplannr\Plans, Study's & Reports\Economic Positioning Initiative 2013-2014\BCC Agenda ltems\BCC Item - Draft ED Positioning and Action Plan V2.doc 254 E E D V) D u 0) X ui 0 CN (Y) rh LO I 1F -1-1-- . -1-..... -.- ...... --, Attachment 2 255 LO (D CN Qi cc 06 E V) V) E 0 U Q) E Ln V) • > 0 < < (.n 0) 'Co C D 0 Ln < u u CL �E CL 06 V) V) 7C) 1 CN (Y) rh LO I 1F -1-1-- . -1-..... -.- ...... --, Attachment 2 255 256 Q C: ® FIs. c Y N c c ai a VT,,: O W o =p -D N > > c o LI)u v3 V a,o 5 c •� o O c .0 NL C L C C C C 41 o o a 4� +� p a ao N cv v L Q U ro v to o Al- -0 U L L N WC> O a a L C O wO 'p +r 0 0 N m V > � 3 C: 0 N C 0 v o ��+� ,- o C ci C co LL s o c '> N 0 _d 20 k O a, `0 G� O0 N L N 41 30 C N } O C in „0 L C ry U C N N •; is , o� O O C E 3 O U N -p 'C C f6 C Q 4-1 o k-+ o ti E O CL J O O-0 'i L N C C 41 w- C U UJ t9 N t6 U c t•' ON. -O L -a E Q y O 4J in v) a i.. +' N j •� C O d O }� VC N N •L ++ T A O'"; 41 =O N C E C .c 4- E � T � N 'C O O Q C O 'D V V 4� W C ./ ♦ .N � � L � N UO O Q. a' v C > L d1 O d .E > c a, a � N ,.. .> W a N C C L w E w L X °1 4' c w 3 C O Q i v Q s a d v a r o E U N o N C U 0t .— y_ N L� U L Q) 41 +� "d O .� , , ry O + O —0 4� d -0 0 c v c c o a o c O LI ;� C 0 0 C E E c U 41 E o • C L N E o v> E NN O y> w LEcv F— Q fV o ro F- 256 C U cC) U Q Q Q U O ri L L3 E D W nU W X W t v rtf N r— 0 CL CQ O „ � a U ^, 4-1 u a, 0 d 4' a �J 7) 257 �o c c m +� O E o c Q c E V h00 O 4+ M c NC _ c O '0 o M fl N _ v sc c v y O O O E E a E on a`�i a v aci o_ w v o N E N v vv), N C c c w m o @c o W +m w1 v m> Al > 7 m c d ro c V E m a 110 c c o •J y Y � tL tj V J N N UA b. c o O '+, L fa O N Q F- W Q m y� �J 7) 257 N i a� J N N 7 m W N a) Qi 0 L;, -- E0 CL L W D U x W M r 0 m N m 0 U N m W O LL L U to v m 0 0 41 V L I v .n E v � I L L V f0 m 000 U 3 o w 06 °o o V O C LL 3 � N 00 4 M U 2 a E Jo - L i N U I � L a) C N C0 p`p t I O E L yv� -C 3 L t 0 0 L- •L t ¢ 0 41 C I V m m N v V Z+ L N Q _O CU = i E c _ E ' ` v ++ > 4•� C (! >_ V 4J C C 0 Q U 3 to N -C z U @ L = C > N co .? ti N , 0 L c tj0 M sa, m OI C _ V J (V I I c c a) C I w C f0 c w 41 � 'o + V L c c E <m 0 E0 ( ,� VILLI LZ "I m N m 0 U N m W O LL L U to v m 0 0 41 V L I v .n E v � I L L V f0 m 000 U 3 o w 06 °o o V O C LL 3 � N 00 4 M U 2 a E Jo - L i 4.1 C m O L V L � a! 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HISTORY • June 2014: BCC approved RFP selection committee #1 ranked firm Ady Advantage with $80,000 budget for Phase I services - Phase I (contract) develop positioning plan with recommended actions [data, surveys, public meetings, site visits, analysis, positioning statement, action plan] HISTORY - Phase II (future) branding and marketing • July 2014 —present: Ady Advantage has conducted Phase I services, contract services almost complete 3/4/2015 X77. 2 NEXT STEPS 1. Hear consultant presentation and provide input (today) 2. Accept positioning plan with any changes or additions (today) NEXT STEPS 3. Consider action plan implementation (future item) • Strategy 2 detailed target industry analysis • Strategy 3 ("Phase II") branding and marketing • Strategy 4 stand-alone economic development website 3/4/2015 Presentation and Q & A by Janet Ad y President & CEO Ady Advantage 3/4/2015 271 '4 :1aGz INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: February 19, 2015 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility ServiceldD Prepared By: Art Pfeffer, Project Manager P Eric Charest, Environmental Compliance Specialists Subject: Spoonbill Reef— Update DESCRIPTIONS AND CONDITIONS: Spoonbill Marsh has been operating successfully since August 2, 2010. In part the success is due to the abundance of oysters which are acknowledged as natural biological filters. They began to recruit naturally on rock outcroppings during construction. Recognizing the potential, a small quantity of oysters were quickly introduced in an Oyster Pilot Project. The Oyster Pilot Project proved the viability of growing oysters in a created wetland. Oysters, in large rock clusters, were introduced into the marsh system in 2011 and again in 2013. An estimated 728,000 oysters now live in the Spoonbill Marsh Wetland. Spoonbill Reef: As a result of the success with oysters in the created wetland, an Artificial Reef Pilot Study, AKA Spoonbill Reef, was constructed in the Indian River Lagoon adjacent to Spoonbill Marsh at the mouth of FDOT Ditch 3. It was constructed by stacking cleaned, recycled concrete slabs. The reef was not seeded with rock clusters. All oysters on the reef recruited naturally. Nutrient water samples are being taken, and crushed shells are being analyzed for total phosphorous and nitrogen. The expected oyster growth has occurred, however additional testing is needed to compile a comprehensive report. In the meantime, critical marine habitat has already been created. The reef supports turf algae and invertebrates, which is the basis of the food chain. The oysters, crab and shrimp have formed a community supporting juvenile fish which lure the large predator fish. The subject agenda is to update the board on the current status of the Spoonbill Reef. ATTACHMENT: Summary Report/Constructed Oyster Reef Project APPROVED FOR AGENDA: B Joseph A. Baird, County Administrator For Date:&.Lf (i �..Z L,ir Indian River Co. Approved Date Administration . Legal Budget Utilities Utilities Utilities -Finance 7— : a 0 F:\Utilities\UTILITY - Engineering\WATER\WTP - North RO\Spoonbill Marsh Wetland 2013\Admin\Agenda - Oyster Update.docx 278 Summary Report Constructed Oyster Reef Project In October 2013 an oyster reef was constructed in the Indian River approximately 40 ft.to 50 ft. east of the FDOT ditch (located along the northern boundary of the Spoonbill Marsh) discharge point to the Indian River. The footprint of the oyster reef measures approximately 75 ft. by 150 ft. with the long axis being oriented in a north -south direction or perpendicular to the direction of flow from the FDOT ditch. This oyster reef is a three dimensional structure constructed using concrete rubble that ranged in size from approximately 1.0 ft' to pieces approximately 13 ft' in size. A wire mesh foundation was used to minimize settling of the concrete rubble into the underlying sediments. The oyster reef generally extends up into the water column to a point approximately 0.5 ft. below the mean low tide elevation. The concrete rubble was hand stacked to maximize the volume of void space between the individual pieces of concrete. The resulting reef structure was distributed over an area of approximately 0.25 acres, while the estimated area of exposed concrete surface available for colonization by encrusting organisms was approximately 0.81 acres. The project objectives for constructing the oyster reef were defined as follows. 1. Create a three dimensional hard surface submerged structure in the Indian River with a relatively high surface area within a limited space that provides potential habitat for encrusting organisms such as oysters. Macro encrusting organisms (such as oysters, barnacles, and serpulid tubeworms) form the base of the food chain (for fish, crab, and shrimp species), and can provide micro refugia for certain larvae and juvenile fish species, and can provide significant additional surface area and micro -habitat for other attached organisms such as algae species that will modify water quality conditions within and around the reef. Oysters also can directly modify water quality conditions within and around the reef structure. 2. The concrete rubble was hand stacked to create void spaces throughout the reef structure of differing sizes, dimensions, and openings to the Indian River. These void spaces were intended to provide refugia for juvenile fish species and crustaceans (such as crab and shrimp species). The relative significance of the void space in the reef design was predicated on a working hypothesis that predicted the biomass of potential food items associated with the reef would be significantly greater (on a g/m2 basis) than any other area in the general vicinity of the reef, including the mangrove communities along the shoreline. A logical extension of the hypothesis then predicts the biomass of game fish including the reef in their home range, or that will be found over, within, or around the reef will be significantly greater than other nearby areas within the Indian River including nearby seagrass beds, if any. 3. Establish a relatively dense oyster population on the surface of the exposed concrete rubble. This oyster population will facilitate the removal of nitrogen from the water column flowing Page 1 of 4 279 across the reef. The oyster reef is located east of the FDOT ditch discharge point to the Indian River, and therefore, stormwater discharged from the FDOT ditch will flow across the reef. It is expected the oyster population on the reef will remove a significant fraction of the nitrogen load discharged from the FDOT ditch on an annual basis. 4. Oysters were expected to form a dense population on the reef. Oyster spat were expected to colonize and overgrow both living oysters and dead oysters shells, thereby creating a significant mass of dead oyster shells through time. The working hypothesis here was the oyster population will facilitate the removal of phosphorus from the water column flowing across the reef. The accumulation of dead oyster shells will form a long term phosphorus sink within the reef. A detailed survey of the encrusting organisms on the reef was conducted in late December 2013. The results of this survey are summarized below. Species Estimated Number Within Reef Area Anemone 8,500 Barnacles 102,000 Mussels 8,500 Oysters 476,000 Sea Squirts 85,000 Serpulid Worms 4,488,000 A second survey was conducted in July 2014 to estimate the oyster and serpulid worm populations on the reef. The second survey indicated there were 564,000 to 728,000 oysters (95% confidence interval) on the reef structure. The survey also estimated serpulid worm population ranged from 4,969,000 to 5,614,000 individuals (95% confidence interval) on the reef. The oysters generally ranged in size from approximately 1.0 cm to approximately 6.35 cm. The outer surface of the oyster shells were 100 percent covered by other encrusting organisms such as other oysters, serpulid worms, mussels, and periphytic algal species. This data indicates that the colonization rate of encrusting organisms appeared to be moving toward achieving Objective 1. A preliminary survey of the organisms found within the void spaces in the reef also was conducted in late December 2013. One problem noted during this survey was the difficultly in accessing and assessing the species found in these areas. Therefore, the results of this part of the reef assessment definitely under estimated the diversity and density of the species in these areas. The survey did show that stone crabs have colonized the reef, and the estimated population at this time were 728 individuals. Juvenile mangrove snapper also were found within the void spaces, however, it was not Page 2 of 4 P4.1111 possible to estimate their population size. Other species, including mullet, also were observed moving through the interior of the reef. However, as stated above, it was not possible estimate their numbers because they freely moved to inaccessible areas within the interior of the reef. The lack of quantitative does not prevent stating that qualitative observations demonstrated that the reef is meeting Objective 2 relative to providing refugia for certain juvenile and adult species. A fisheries survey also was conducted in the later week of December 2013. The results of this survey are shown below. Species Estimated Number Within Reef Area Black Drum 104 Gag Grouper Jacks 208 Mullet 9,568 Red Fish 52 Sea Horses 2 Red Snapper 1,248 Sheepshead 520 Toad Fish 1 Green Turtle Otter Cormorant 4 Differing age classes of the species shown above were observed over or within the reef during this survey. No effort was made to determine if there was a resident population on or around the reef. The data shown above also support observations that the reef was meeting Observation 2 above early on in the development of the encrusting community. Interestingly otters have been observed swimming over the reef on several occasions, and it is not uncommon to find cormorants diving on the reef in the mornings and late afternoons. Water quality tests have been performed to evaluate the effect oysters have on water quality conditions. Initially these tests were performed by placing a plexiglass enclosure over a cluster of oysters. This procedure proved problematic due to dissolved oxygen (DO) issues. Instead a plastic 15 gallon (56.78 L) enclosure open to the atmosphere was used for these nutrient tests. This enclosure was placed in a runnel on concrete blocks to maintain the water temperature at the ambient Page 3 of 4 281 temperature in the runnel. Primary problems encountered using this arrangement included colonization of the sides of the enclosure by periphytic algae, otters removing the oysters from the enclosure, and the use of the sides of the enclosure as a perch by birds with resultant contamination of the water in the enclosure. The latter two of these sources of interference stopped the test, and caused a reset of the test. Tests were performed to determine the growth rate of periphytic algae on the inside walls of the enclosure. Periphytic algae became noticeably established on the inner walls of the enclosure below the water line in approximately 29 to 37 hours after filling the enclosure with water. Therefore, the water quality tests were run for 24 hours to minimize the effect periphytic algae colonizing the inner walls of the enclosure had on the water quality results. The water quality results presented below may be refined by future tests. Approximately 10 gallons (37.85 L) of water from the Indian River were placed in the two enclosures. One adult oyster with an average length of approximately 7.48 cm was placed in each enclosure. A water sample was collected prior to placing the oyster in the enclosure. A second water sample was collect approximately 24 hours after the first sample. The results of the water quality tests indicated that the uptake of total nitrogen (TN) ranged from approximately 0.0021 IbTN/oyster/year to approximately 0.00451bTN/oyster/year. This would imply the oyster reefpotentially removed 1,529 IbTN/year to 3,276 IbTN/year if the upper limit of the July 2014 oyster population estimate of 728,000 oysters was assumed to be representative of the actual population. This range of estimated annual TN uptake rates were comparable to the TN uptake rates at the Spoonbill Marsh. Having said this, additional testing would better refine the estimated TN uptake rate for the oyster reef given the magnitude of the results presented above. Similar results were observed for the uptake of total phosphorus (TP) concentrations within the enclosures. The results of the water quality tests indicated that the uptake TP from the water column ranged from approximately 0.00052 1bTP/oyster/year to approximately 0.00088 IbTP/oyster/year. This would imply the oyster reef potentially removed 379 IbTP/year to 641 IbTP/year if the upper limit of the July 2014 oyster population estimate of 728,000 oysters was assumed to be accurate. This range of estimated annual TP uptake rates was statistically similar than the TP uptake rates at the Spoonbill Marsh. Total suspended solids (TSS) was one parameter that was not measured as part of these tests. Oysters appeared to effectively filter TSS from the water column. No effort was made to assess the relationship between the TSS concentrations and the TP concentrations, or the TP concentration within the detritus of the bottom of the enclosure. Additional testing is needed to better define these relationships and the estimated TP uptake rate for the oyster reef given the magnitude of the results presented above. In conclusion, the water quality tests performed to date indicate the oyster reef will remove TN and TP from the water column, and that these removal rates may achieve the goals stated in Objective 3 and Objective 4 as defined above. Page 4 of 4 282 Overview ❖ Spoonbill Oyster Reef ❖ 45th Street Oyster Reef ❖ Test Pond at Spoonbill Marsh ❖ Eco -Tour at Spoonbill Marsh Spoonbill Oyster Reef ❖Encrusting organism cover 100% of surface ❖Game fish continue to move across and congregate around reef as individuals and/or in relatively large schools ❖ Smaller fish species using reef as refugia and/or as part of home range ❖Macroinvertebrates such as crabs becoming more numerous when present 3/4/2015 3-3-2-015 la. G./. 251.1 3/4/2015 Spoonbill Oyster Reef ❖Encrusting organism cover 100% of surface ❖Game fish continue to move across and congregate around reef as individuals and/or in relatively large schools ❖ Smaller fish species using reef as refugia and/or as part of home range ❖Macroinvertebrates such as crabs becoming more numerous when present 45th Street Oyster Reef ❖FDEP now requiring an estimate of nutrient load through ditch ❖Ditch cross section at sample point now surveyed to allow estimate of flow rate ****Waiting for rain to facilitate flow through ditch ❖FDEP otherwise has reviewed the project and appears favorable to constructing the reef 3/4/2015 X3/3/Zoll J2.3 45th Street Oyster Reef ❖FDEP now requiring an estimate of nutrient load through ditch ❖Ditch cross section at sample point now surveyed to allow estimate of flow rate ****Waiting for rain to facilitate flow through ditch ❖FDEP otherwise has reviewed the project and appears fovorable to constructing the reef 3/4/2015 2P.4 Test Pond at Spoonbill Marsh ❖Controlled environment ❖Chasing 100% funding from State ❖Open to High Schools for Educational Purposes ❖Allow for controlled experimentation defining nutrient uptake by oyster ❖Allow for experimentation with plants to determine depth limits and nutrient uptake rates _.__............... iM v � 9 . ��• � r—as�raraaf i wnaa4a. ac�za-av �'� i t %,av nranapa<wt;msa css xr:�ezr�nnw:amaun:xw •. ;... iSRkka YFl£K!A.4C i E'::^qNkaENTA:. SL�EkCE ':>Vi< AY 5KCWB#;. M;:itSs~ 3/4/2015 2�1 5 Test Pond at Spoonbill Marsh ****Controlled environment ❖Chasing 100% funding from State ❖Open to High Schools for Educational Purposes ❖Allow for controlled experimentation defining nutrient uptake by oyster ❖Allow for experimentation with plants to determine depth limits and nutrient uptake rates Eco Tour At Spoonbill Marsh ****Saturday, March 14 from 8:00 am to 2:00 pm ❖Open to public ❖Walking tours 3/4/2015 ZR1.6 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney TO: FROM: DATE: SUBJECT ATTORNEY'S MATTER: 3/3/15 Office of INDIAN MEMORANDUM The Board of County Commissioners RIVER COUNTY William K. DeBraal — Deputy County Attorney February 9, 2015 Demolition Liens ATTORNEY 1,30 The County has demolished dilapidated structures on the following parcels of property identified below: Property Owner Parcel Description Cost James Webb, Sr. and 32-39-27-00007-0000-00026.0 $4,462.94 Margaret Lee Webb, North 117 feet of Lot 26, Addition his wife to Jackson's Subdivision 4251 31St Avenue, Vero Beach Walter C. Hurst, a 32-39-27-00003-0000-00030.0 $6,450.72 married man Lots 30 and 31, "Lincoln Park Estates" 4470 31St Avenue, Vero Beach Alfred Davis and 32-39-27-00001-0000-00027.0 $4,450.72 Miriam Davis, husband North half of Lot 27, Cannon Subdivision and wife 4333 31St Avenue, Vero Beach Approved for March 3, 2095 BCC Meeting Attorney's Matters COUNTY ATTORNEY 1 Indian River Co. Approved Date Admin. CoA Budget 4 Department _ y Risk Mgmt 283 Property Owner Parcel Description Corine Ethridge and 31-39-32-00001-0050-00010.0 Hope Campbell Lots 10 and 11, Block 5, Douglas Subdivision f/k/a Colored School Subdivision 8310 63rd Court, Vero Beach Mattie Nichols 32-39-26-00010-0050-00066.0 Lot 66, Block 5, W.E. Geoffrey's Subdivision 1865 38th Lane, Vero Beach John L. Brown 32-39-27-00000-1000-00006.0 (deceased) and commencing at NE corner of NE quarter Julia Mae Brown of NE quarter Section 27, Township 32 South, (also known as Range 39 East, run S on E boundary line of Julia Richardson NW quarter of NE quarter 70 yards, thence Brown), his wife run W on line parallel to N line of NW quarter of NE quarter 70 yards to POB, thence run W 70 yards, thence run S 70 yards, thence run E 70 yards, thence run N 70 yards to POB 4460 331d Avenue, Vero Beach Daisy Mae Holmes, 32-39-27-00006-0000-00005.0 f/k/a Daisy Mae Powell, Lot 5, Jackson's Subdivision Elijah Cannon, Jr. and 4196 29th Avenue, Vero Beach Joe Nathan Bullock Cost $2,450.72 $3,451.09 $2,315.72 $4,477.27 The next step in the process is filing a lien against each property for the costs of demolition. In accordance with County Code Section 100.080, the Board has passed a resolution to have the lien filed against each property for the costs incurred by the County in demolishing the unsafe structures. Notice of the proposed demolition lien was mailed to each party in interest, and, pursuant to our code, that party may now appear before the Board and be heard as to the amount of the proposed demolition lien. Attached is the lien for each property that, if approved by the Board, will be recorded in the public records against the respective property. Also attached is the itemization of costs for the demolitions. 2 284 FUNDING: Costs associated with this item are recording fees for recording the lien in the public records at a total cost of $73.00. Funds for this expenditure are available in the MSTU Fund/Road & Bridge/Other Contractual Services, Account No. 00421441-033490. RECOMMENDATION: The County Attorney's Office recommends the Chairman allow each party in interest to address the Commission and be heard on the amount of the proposed lien concerning the property. Following any comments, staff recommends approval of each lien amount and authorization for the Chairman to sign each lien for recordation in the public records. WKD/nhm Attachments: Liens Itemization of costs for the demolitions cc: Scott McAdam — Building Official 3 285 This document was prepared by and should be returned to: Indian River County Attorney's Office 1801 27'" Street Vero Beach, FL 32960 772-226-1425 LIEN THIS LIEN, filed the day of , 2015, by INDIAN RIVER COUNTY, a political subdivision of the State of Florida, pursuant to the authority of the Code of Indian River County, Section 403.08, Property Maintenance Code, for costs incurred by Indian River County, Florida, to remove a nuisance structure from property located within Indian River County, and described as follows: The North 117 feet of Lot 26, Addition to Jackson's Subdivision, according to the plat thereof, as recorded in Plat Book 2, Page 73, of the Public Records of Indian River County, Florida. Parcel No. 32-39-27-00007-0000-00026.0 The name of the record owner of the above-described property is: James Webb, Sr. and Margaret Lee Webb, his wife THIS LIEN is filed against the real property to secure the payment of Four Thousand Four Hundred Sixty -Two and 941100 Dollars ($4,462.94), for the cost of demolition and removal of the nuisance structure. THIS LIEN shall, from the date of filing, accrue interest at the rate of five and three-quarters percent (5.75%) per annum, until the total amount, including interest, has been paid. INDIAN RIVER COUNTY, FLORIDA By: Wesley S. Davis, Chairman Board of County Commissioners ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller BCC approved: By: Deputy Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER APPROVED AS TO ANp 11 , LS .PI,..;. IVII DEPUTY COON TY ATTORNE Y The foregoing instrument was acknowledged before me this day of , 2015, by Wesley S. Davis, Chairman of the Board of County Commissioners of Indian River County, Florida, who is personally known to me. NOTARY PUBLIC: Signature: Printed name: Commission No.: Commission Expiration: SEAL: R COSTS FOR LIEN ATTACHMENT CALCULATIONS: 4251 31St Avenue 32-39-27-00007-0000-00026.0 INSPECTION REPORT ON PROPERTY $ 75.00 POSTING CONDEMNATION CARDS $ 75.00 OWNERSHIP & ENCUMBRANCE REPORT $ 75.00 PREPARING CERTIFIED NOTICES $ 45.00 POSTAGE CERTIFIED X 2 $ 12.22 INSPECTION BY BUILDING OFFICIAL $ 75.00 NOTICE TO OWNER OF BCC MEETING $ 45.00 POSTAGE — CERTIFIED MAIL X 2 $ 12.22 RECORDING FEES: - CERTIFICATE OF BUILDING OFFICIAL $ 10.00 - INTENT TO LIEN (RESOLUTION) $ 18.50 - NOTICE OF COMMENCEMENT $ 10.00 - ACTUAL LIEN $ 10.00 COSTS OF DEMOLITION $4,000.00 TOTAL COSTS: $4,462.94 287 This document was prepared by and should be returned to: Indian River County Attorney's Office 1801 27`h Street Vero Beach, FL 32960 772-226-1425 14l:fl THIS LIEN, filed the day of , 2015, by INDIAN RIVER COUNTY, a political subdivision of the State of Florida, pursuant to the authority of the Code of Indian River County, Section 403.08, Property Maintenance Code, for costs incurred by Indian River County, Florida, to remove a nuisance structure from property located within Indian River County, and described as follows: Lots 30 and 31, "Lincoln Park Estates", according to the Plat thereof as recorded in Plat Book 2, Page 88, of the Public Records of Indian River County, Florida. Parcel No. 32-39-27-00003-0000-00030.0 The name of the record owner of the above-described property is: Walter C. Hurst, a married man THIS LIEN is filed against the real property to secure the payment of Six Thousand Four Hundred Fifty and 721100 Dollars ($6,450.72), for the cost of demolition and removal of the nuisance structure. THIS LIEN shall, from the date of filing, accrue interest at the rate of five and three-quarters percent (5.75%) per annum, until the total amount, including interest, has been paid. INDIAN RIVER COUNTY, FLORIDA By: Wesley S. Davis, Chairman Board of County Commissioners ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller BCC approved: By: Deputy Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER APPROVED AS TO !'Oi+O ANp WlLLIAN K. DEL.Y..`+,.yl OEF0TYCOU NTYA TOQ.NEY The foregoing instrument was acknowledged before me this day of , 2015, by Wesley S. Davis, Chairman of the Board of County Commissioners of Indian River County, Florida, who is personally known to me. NOTARY PUBLIC: Signature: Printed name: Commission No.: Commission Expiration: SEAL: 0:1:1 COSTS FOR LIEN ATTACHMENT CALCULATIONS: 4470 31St Avenue 32-39-27-00003-0000-00030.0 INSPECTION REPORT ON PROPERTY $ 75.00 POSTING CONDEMNATION CARDS $ 75.00 OWNERSHIP & ENCUMBRANCE REPORT $ 75.00 PREPARING CERTIFIED NOTICES $ 45.00 POSTAGE CERTIFIED $ 6.11 INSPECTION BY BUILDING OFFICIAL $ 75.00 NOTICE TO OWNER OF BCC MEETING $ 45.00 POSTAGE — CERTIFIED MAIL $ 6.11 RECORDING FEES: - CERTIFICATE OF BUILDING OFFICIAL $ 10.00 - INTENT TO LIEN (RESOLUTION) $ 18.50 - NOTICE OF COMMENCEMENT $ 10.00 - ACTUAL LIEN $ 10.00 COSTS OF DEMOLITION $6,000.00 TOTAL COSTS: $6,450.72 289 This document was prepared by and should be returned to: Indian River County Attorney's Office 1801 27"' Street Vero Beach, FL 32960 772-226-1425 LIEN THIS LIEN, filed the day of , 2015, by INDIAN RIVER COUNTY, a political subdivision of the State of Florida, pursuant to the authority of the Code of Indian River County, Section 403.08, Property Maintenance Code, for costs incurred by Indian River County, Florida, to remove a nuisance structure from property located within Indian River County, and described as follows: The North half of Lot 27, according to Plat of Cannon Subdivision, recorded in Plat Book 2, Page 77, Public Records of Indian River County, Florida. Parcel No. 32-39-27-00001-0000-00027.0 The name of the record owner of the above-described property is: Alfred Davis and Miriam Davis, husband and wife, as joint tenants with rights of survivorship THIS LIEN is filed against the real property to secure the payment of Four Thousand Four Hundred Fifty and 72/100 Dollars ($4,450.72), for the cost of demolition and removal of the nuisance structure. THIS LIEN shall, from the date of filing, accrue interest at the rate of five and three-quarters percent (5.75%) per annum, until the total amount, including interest, has been paid. INDIAN RIVER COUNTY, FLORIDA By: Wesley S. Davis, Chairman Board of County Commissioners ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller BCC approved: By: Deputy Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER APPROVED AS T17" AN L5 FF"i -I - 'BY WILLIAM K. JE iKAvi,,L DEFUTY COUNTY ATTORNEY The foregoing instrument was acknowledged before me this day of , 2015, by Wesley S. Davis, Chairman of the Board of County Commissioners of Indian River County, Florida, who is personally known to me. NOTARY PUBLIC: Signature: Printed name: Commission No.: Commission Expiration: SEAL: 290 COSTS FOR LIEN ATTACHMENT CALCULATIONS.- 4333 ALCULATIONS: 4333 31s' Avenue 32-39-27-00001-0000-00027.0 INSPECTION REPORT ON PROPERTY $ 75.00 POSTING CONDEMNATION CARDS $ 75.00 OWNERSHIP & ENCUMBRANCE REPORT $ 75.00 PREPARING CERTIFIED NOTICES $ 45.00 POSTAGE CERTIFIED $ 6.11 INSPECTION BY BUILDING OFFICIAL $ 75.00 NOTICE TO OWNER OF BCC MEETING $ 45.00 POSTAGE — CERTIFIED MAIL $ 6.11 RECORDING FEES: - CERTIFICATE OF BUILDING OFFICIAL $ 10.00 - INTENT TO LIEN (RESOLUTION) $ 18.50 - NOTICE OF COMMENCEMENT $ 10.00 - ACTUAL LIEN $ 10.00 COSTS OF DEMOLITION $4,000.00 TOTAL COSTS: $4,450.72 291 This document was prepared by and should be returned to: Indian River County Attorney's Office 1801 27`" Street Vero Beach, FL 32960 772-226-1425 LIEN THIS LIEN, filed the day of , 2015, by INDIAN RIVER COUNTY, a political subdivision of the State of Florida, pursuant to the authority of the Code of Indian River County, Section 403.08, Property Maintenance Code, for costs incurred by Indian River County, Florida, to remove a nuisance structure from property located within Indian River County, and described as follows: Lots 10 and 11, Block 5, Douglas Subdivision f/k/a Colored School Subdivision, according to the Plat thereof, as recorded in Plat Book 2, at Page 52, of the Public Records of Indian River County, Florida. Parcel No. 31-39-32-00001-0050-00010.0 The name of the record owner of the above-described property is: Corine Ethridge and Hope N. Campbell THIS LIEN is filed against the real property to secure the payment of Two Thousand Four Hundred Fifty and 72/100 Dollars ($2,450.72), for the cost of demolition and removal of the nuisance structure. THIS LIEN shall, from the date of filing, accrue interest at the rate of five and three-quarters percent (5.75%) per annum, until the total amount, including interest, has been paid. INDIAN RIVER COUNTY, FLORIDA By: ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER Wesley S. Davis, Chairman Board of County Commissioners BCC approved: APPROVED A5 TO 4-ORF,r AN ALSUFI`14'Y�� y t9Y / WILLIAM . D •r. �At OEPUTYCOUNTYATTORNI , The foregoing instrument was acknowledged before me this day of , 2015, by Wesley S. Davis, Chairman of the Board of County Commissioners of Indian River County, Florida, who is personally known to me. NOTARY PUBLIC: Signature: Printed name: Commission No.: Commission Expiration: SEAL: 292 COSTS FOR LIEN ATTACHMENT CALCULATIONS: 8310 63,d Court 31-39-32-00001-0050-00010.0 INSPECTION REPORT ON PROPERTY $ 75.00 POSTING CONDEMNATION CARDS $ 75.00 OWNERSHIP & ENCUMBRANCE REPORT $ 75.00 PREPARING CERTIFIED NOTICES $ 45.00 POSTAGE CERTIFIED $ 6.11 INSPECTION BY BUILDING OFFICIAL $ 75.00 NOTICE TO OWNER OF BCC MEETING $ 45.00 POSTAGE — CERTIFIED MAIL $ 6.11 RECORDING FEES: - CERTIFICATE OF BUILDING OFFICIAL $ 10.00 - INTENT TO LIEN (RESOLUTION) $ 18.50 - NOTICE OF COMMENCEMENT $ 10.00 - ACTUAL LIEN $ 10.00 COSTS OF DEMOLITION $2,000.00 TOTAL COSTS: $2,450.72 293 This document was prepared by and should be returned to: Indian River County Attorney's Office 1801 27" Street Vero Beach, FL 32960 772-226-1425 LIEN THIS LIEN, filed the day of , 2015, by INDIAN RIVER COUNTY, a political subdivision of the State of Florida, pursuant to the authority of the Code of Indian River County, Section 403.08, Property Maintenance Code, for costs incurred by Indian River County, Florida, to remove a nuisance structure from property located within Indian River County, and described as follows: Lot 66, Block 5, W.E. GEOFFREY'S SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 2, at Page 32, of the Public Records of St. Lucie County, Florida. Said lands now lying and being in Indian River County, Florida. Parcel No. 32-39-26-00010-0050-00066.0 The name of the record owner of the above-described property is: Mattie Nichols THIS LIEN is filed against the real property to secure the payment of Three Thousand Four Hundred Fifty -One and 09/100 Dollars ($3,451.09), for the cost of demolition and removal of the nuisance structure. THIS LIEN shall, from the date of filing, accrue interest at the rate of five and three-quarters percent (5.75%) per annum, until the total amount, including interest, has been paid. INDIAN RIVER COUNTY, FLORIDA By: ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER Wesley S. Davis, Chairman Board of County Commissioners BCC approved: APPROVED AS TO FORM AM L LS FFIC r C BY WILLIAM K. DEDRAAL 0EPUTYCOUNiYATTORNEY The foregoing instrument was acknowledged before me this day of , 2015, by Wesley S. Davis, Chairman of the Board of County Commissioners of Indian River County, Florida, who is personally known to me. SEAL: NOTARY PUBLIC: Signature: Printed name: Commission No.: Commission Expiration: 294 COSTS FOR LIEN ATTACHMENT CALCULATIONS - 186538 th ALCULATIONS: 186538th Lane 32-39-26-00010-0050-00066.0 INSPECTION REPORT ON PROPERTY $ 75.00 POSTING CONDEMNATION CARDS $ 75.00 OWNERSHIP & ENCUMBRANCE REPORT $ 75.00 PREPARING CERTIFIED NOTICES $ 45.00 POSTAGE CERTIFIED $ 6.11 INSPECTION BY BUILDING OFFICIAL $ 75.00 NOTICE TO OWNER OF BCC MEETING $ 45.00 POSTAGE - CERTIFIED MAIL $ 6.48 RECORDING FEES: - CERTIFICATE OF BUILDING OFFICIAL $ 10.00 - INTENT TO LIEN (RESOLUTION) $ 18.50 - NOTICE OF COMMENCEMENT $ 10.00 - ACTUAL LIEN $ 10.00 COSTS OF DEMOLITION $3,000.00 TOTAL COSTS: $3,451.09 295 This document was prepared by and should be returned to: Indian River County Attorney's Office 1801 27`" Street Vero Beach, FL 32960 772-226-1425 LIEN THIS LIEN, filed the day of , 2015, by INDIAN RIVER COUNTY, a political subdivision of the State of Florida, pursuant to the authority of the Code of Indian River County, Section 403.08, Property Maintenance Code, for costs incurred by Indian River County, Florida, to remove a nuisance structure from property located within Indian River County, and described as follows: Commencing at the Northeast corner of the Northwest Quarter of the Northeast Quarter Section 27, Township 32 South, Range 39 East, and run South on the East boundary line of said Northwest Quarter of Northeast Quarter 70 yards, thence run West on a Line parallel to the North line of said Northwest Quarter of Northeast Quarter 70 yards to the point of beginning, thence run West 70 yards, thence run South 70 yards, thence run East 70 yards, thence run North 70 yards to the point of beginning, containing one acre, more or less. Parcel No. 32-39-27-00000-1000-00006.0 The name of the record owner of the above-described property is: John L. Brown (deceased) and Julia Mae Brown (also known as Julia Richardson Brown), his wife THIS LIEN is filed against the real property to secure the payment of Two Thousand Three Hundred Fifteen and 721100 Dollars ($2,315.72), for the cost of demolition and removal of the nuisance structure. THIS LIEN shall, from the date of filing, accrue interest at the rate of five and three- quarters percent (5.75°/x) per annum, until the total amount, including interest, has been paid. INDIAN RIVER COUNTY, FLORIDA By: Wesley S. Davis, Chairman Board of County Commissioners ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller BCC approved: By: APPROVED AS TC- Deputy Clerk A}y�•ur f Rt:."' " t �� STATE OF FLORIDA SV, r_ COUNTY OF INDIAN RIVER VYti_UAM K. X, —Rk,a., t)EPUT`! COUNTY Al l ORNE. The foregoing instrument was acknowledged before me this day of , 2015, by Wesley S. Davis, Chairman of the Board of County Commissioners of Indian River County, Florida, who is personally known to me. NOTARY PUBLIC: Signature: Printed name: Commission No.: Commission Expiration: SEAL: 296 COSTS FOR LIEN ATTACHMENT CALCULATIONS.- 446033 ALCULATIONS: 446033d Avenue 32-39-27-00000-1000-00006.0 INSPECTION REPORT ON PROPERTY $ 75.00 POSTING CONDEMNATION CARDS $ 75.00 OWNERSHIP & ENCUMBRANCE REPORT $ 75.00 PREPARING CERTIFIED NOTICES $ 45.00 POSTAGE CERTIFIED $ 6.11 INSPECTION BY BUILDING OFFICIAL $ 75.00 NOTICE TO OWNER OF BCC MEETING $ 45.00 POSTAGE - CERTIFIED MAIL $ 6.11 RECORDING FEES: - CERTIFICATE OF BUILDING OFFICIAL $ 10.00 - INTENT TO LIEN (RESOLUTION) $ 18.50 -ACTUAL LIEN $ 10.00 COSTS OF DEMOLITION $1,875.00 TOTAL COSTS: $2,315.72 297 This document was prepared by and should be returned to: Indian River County Attorney's Office 1801 27" Street Vero Beach, FL 32960 772-226-1425 LIEN THIS LIEN, filed the day of , 2015, by INDIAN RIVER COUNTY, a political subdivision of the State of Florida, pursuant to the authority of the Code of Indian River County, Section 403.08, Property Maintenance Code, for costs incurred by Indian River County, Florida, to remove a nuisance structure from property located within Indian River County, and described as follows: Lot 5, JACKSON'S SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 2, at Page 54, of the Public Records of Indian River County, Florida. Parcel No. 32-39-27-00006-0000-00005.0 The name of the record owner of the above-described property is: Daisy Mae Holmes, f/k/a Daisy Mae Powell, Elijah Cannon, Jr., and Joe Nathan Bullock THIS LIEN is filed against the real property to secure the payment of Four Thousand Four Hundred Seventy -Seven and 27/100 Dollars ($4,477.27), for the cost of demolition and removal of the nuisance structure. THIS LIEN shall, from the date of filing, accrue interest at the rate of five and three-quarters percent (5.75%) per annum, until the total amount, including interest, has been paid. INDIAN RIVER COUNTY, FLORIDA By: ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER Wesley S. Davis, Chairman Board of County Commissioners BCC approved: APPROVED AS TO _-UR('. AN GAL SI FF: WILLIAM X. aEi.",,,L DEPUTY COUNTY AT 7 ctKNEY The foregoing instrument was acknowledged before me this day of 2015, by Wesley S. Davis, Chairman of the Board of County Commissioners of Indian River County, Florida, who is personally known to me. NOTARY PUBLIC: Signature: Printed name: Commission No.: SEAL: Commission Expiration: 298 COSTS FOR LIEN ATTACHMENT CALCULATIONS: 41962 gth Avenue 32-39-27-00006-0000-00005.0 INSPECTION REPORT ON PROPERTY $ 75.00 POSTING CONDEMNATION CARDS $ 75.00 OWNERSHIP & ENCUMBRANCE REPORT $ 75.00 PREPARING CERTIFIED NOTICES $ 45.00 POSTAGE CERTIFIED x 3 $ 18.33 INSPECTION BY BUILDING OFFICIAL $ 75.00 NOTICE TO OWNER OF BCC MEETING $ 45.00 POSTAGE — CERTIFIED MAIL x 3 $ 19.44 RECORDING FEES: - CERTIFICATE OF BUILDING OFFICIAL $ 11.00 - INTENT TO LIEN (RESOLUTION) $ 18.50 - NOTICE OF COMMENCEMENT $ 10.00 - ACTUAL LIEN $ 10.00 COSTS OF DEMOLITION $4,000.00 TOTAL COSTS: $4,477.27 299 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney TO: FROM: DATE: SUBJECT Office of Attoniq,'.01atten— 031031_101 INDIAN RIVER COUNTY ATTORNEY MEMORANDUM Board of County Commissioners �Kp__ William K. DeBraal, Deputy County Attorney February 25, 2015 Quit Claim Deed for Blue Cypress Lake Stilt Houses Background: In 2012, the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, (Trustees) filed suit against the owners of three stilt houses constructed offshore of Blue Cypress Lake. The suit alleges that the houses are built on sovereign submerged land owned by the State of Florida. The owners of the houses: Kim Blair, Jay & Carol Scott, and Charlie Cayson & Robert Tucker, have answered the lawsuit claiming the houses are not built on sovereign submerged lands rather they are on property owned by Indian River County. In most cases, the land lying underneath lakes, rivers, streams, lagoons and other bodies of water in Florida are claimed by the State as sovereign submerged lands. The claim dates back to when the early explorers claimed the land which is now Florida for the King of Spain. Claim to the submerged lands was passed on to the State after Florida became a state in 1845. In 1914, the area around Blue Cypress Lake was platted. A copy of the 1914 plat is attached to this memorandum. As you can see Lot L was created on the southwestern shore of the lake. In 1947, the owners of a portion of Lot L, B.L. and Dora Belle Holman conveyed the property to Indian River County with the condition that the property be used for recreational purposes. Later, Blue Cypress Lake Park was created and is now known as Joneal Middleton Blue Cypress Lake Park. Old Board of County Commissioner's minutes and aerial photography suggest that fishing shacks and camps existed on Blue Cypress Lake since a road was put in to gain access to the lake in the 1940's. Access to the shacks was made by boat and they were used as fustic fishing shacks until the Hurricanes of 2004 and 2005. After suffering heavy damages in the APPROVED FOR s" B.C.Q MEETING - R AGENDA s - COUNTY ATTORNEY if!fl!911 t11VW�4 '��+CQ CS'O ;F_ Admin J Legal Z Budget2 _L57 Dep t. -- Rlsk Mgr. 300 Blue Cypress Lake Stilt Houses February 25, 2015 Page 12 storms, the shacks were rebuilt as stilt houses with significant expansion and improvements to the point where they now resemble single family homes, not fishing shacks. The stilt house owners contend that the 1947 conveyance from the Holmans to the County included a strip of submerged lands where the houses are situated. The County Attorney's Office does not agree with this assertion. The deed into the County from the Holmans mentions nothing about submerged lands. Tracing title back to the 1914 plat, the plat clearly identifies the shore line of Blue Cypress Lake and depicts the lake as a separate lot, Lot K and no part of Lot L extends past the shoreline. The County has no interest in this property and wishes to avoid being ensnarled in the ongoing lawsuit. The attorneys for the Trustees have approached the County in an effort to keep the County from being joined in the lawsuit. They propose that the County execute the attached Quit Claim Deed in favor of the Trustees, thus eliminating any possible claim the County may have to ownership of the property and settling any dispute over whether the County owns the submerged lands upon which the stilt houses sit. Funding: There is no funding associated with this matter. Recommendation: In order to attempt to avoid litigation in this matter, the County Attorney's Office recommends the Board approve the Quit Claim Deed transferring all of the County's right, title and interest, if any, to the Trustees and authorize the Chairman to execute the Quit Claim Deed on the Board's behalf. c: Richard Malloy, on behalf of the Trustees Louis B. Vocelle, Jr. and Charlie Sullivan, Sr., co -counsel for Defendants 301 302 iii7is�f7'I a:E WO'—' -if °oil; i! €I- IV jt ?i3!{sill,{ . I . X ., X . .. , X .... -L i. � sfiFfs:l.:o .. _ ., � �fFE2;F+. i': t � i ►,ice! .i '.i x1 c. :, ii :3 ; h S •� =t tt i1 ii x. .. it "":_i +, i+: 1 .z St:sb •Wi42 'i � i s�. +t 2 y��i• 3 f1 33 r, ii ti j1 [ Q rWr � t��♦ R.i♦ � t a ���`X r,a -i 53 it it 0 -1 t apt W i U Z 302 THIS INSTRUMENT PREPARED BY: Division of State Lands Negotiations and Litigation Support Section Florida Department of Environmental Protection 3900 Commonwealth Blvd., Mail Station 100 Tallahassee, Florida 32399 RETURN TO: Title and Land Records Section Florida Department of Environmental Protection 3900 Commonwealth Blvd., Mail Station 108 Tallahassee, Florida 32399-3000 QUITCLAIM DEED THIS QUITCLAIM DEED made this day of 2015 b and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida a y t part, whose post office address is 1801 27' Street, Vero Beach, Florida 32960, and BOARD OFTRUSTEESOF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, whose post office address is State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard, Mail Station 108, Tallahassee, Florida 32399-3000, party of the second part. WITNESSETH: That the said party of the first part, for and in consideration of the sum of Ten and no/100 Dollars ($10.00) and other valuable consideration, to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, has remised, released and quitclaimed, and by these presents does remise, release and forever quitclaim unto the said party of the second part, all the right, title, interest, claim and demand of the said party of the first part in and to the following described land, situate and being in the County of Indian River, State of Florida, to wit: See Exhibit "A" attached hereto and made a part hereof. TO HAVE AND TO HOLD the same, together with all and singular the hereditaments and appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or equity, to the only proper use, benefit and behoof of the said party of the second part. IN WITNESS WHEREOF, party of the first part has caused these presents to be executed in its name by its Board of County Commissioners, acting by the Chairman of said Board, the day and year aforesaid. ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller LIM Deputy Clerk APPROVED AS TO FORM AN FFI � ►�c WILLIAkI K. DE R 44 DEPUTY COUNTY ATTORNEY INDIAN RIVER COUNTY, a political subdivision of the State of Florida By: Its Board of County Commissioners Wesley S. Davis, Chairman (OFFICIAL SEAL) 303 Page 1 of 2 EXHIBIT "A" All those lands lying waterward of the Ordinary High Water Line of Blue Cypress Lake in Indian River County, Florida and within that parcel described in that Warranty Deed recorded in Deed Book 47, Page 507, Public Records of Indian River County, Florida, as follows: "The North 800 feet of lot L of Fellsmere Farms Company's Subdivision of Township 32 South, Range 36 East, according to Plats filed in Plat Book 2, pages 18 and 21 of the Public Records of St. Lucie County, Florida." REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 304 Page 2 of 2 Dylan Reingold, County Attorney \61ham K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney County Attorney's Matters - B. CC 3.3.15 Ofce of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: February 24, 2015 SUBJECT: Resolution Allocating Funds in Opposition of All Aboard Florida BACKGROUND. ATTORNEY On February 17, 2014, the Indian River County Board of County Commissioners approved a motion allocating $2.7 million to oppose the proposed All Aboard Florida passenger rail project and authorized the County Attorney's Office to draft a resolution which would assist in opposing the issuance of private activity bonds for the proposed All Aboard Florida passenger rail project. Pursuant to that authorization, the County Attorney's Office has drafted the attached resolution. In addition to allocating $2.7 million to protect this community against the dangers of All Aboard Florida, the resolution also calls upon the other local governments impacted by All Aboard Florida to join Indian River County in protecting their communities and citizens with both financial and political support. FUNDING. The funding for this allocation is available from General Fund Reserves. RECOMMENDATION. The County Attorney's Office recommends that the Chair allow for public comment on this matter and then have the Board vote whether to accept the resolution as drafted or amend the resolution. ATTACHMENT(S). Proposed resolution. Approved for March 3, 2015 BCC Meeting County Attorney's Matters 'COUNTY ATTORNEY Indian River Co. Aroved Date Admin. Co. Atty. Budget Department Risk Management --- F:AnomyJldzGECFRAL B CCAgendo Alemm All Aboard Flonda Fun&,g Allo jon Re,duaond- 305 RESOLUTION NO. 2015- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA SETTING ASIDE $2.7 MILLION TO PROTECT THE COMMUNITY FROM THE PROPOSED ALL ABOARD FLORIDA PROJECT, AND CALLING ON OTHER COUNTIES TO PROVIDE FINANCIAL AND POLITICAL SUPPORT TO OPPOSING THE PROPOSED ALL ABOARD FLORIDA PROJECT. WHEREAS, All Aboard Florida — Operations, LLC ("All Aboard Florida"), a subsidiary of Florida East Coast Industries, is proposing to provide a high speed passenger rail service 32 times (16 round -trips) per day between Miami and Orlando that will run through populated areas of Indian River County, including Vero Beach, Sebastian, and the communities of Gifford, Roseland, Wabasso and Winter Beach without stopping or serving these areas; and WHEREAS, the current railroad tracks owned by Florida East Coast Railway ("FECR") are designed for trains that operate at speeds from 45 miles per hour ("mph") to 60 mph; and WHEREAS, All Aboard Florida proposes to operate a high speed passenger train service which will travel at speeds up to 110 mph through parts of Indian River County; and WHEREAS, populated communities within Indian River County which are accustomed to, and grew up with, the slow moving trains are wholly inappropriate for the proposed high speed passenger rail project; and WHEREAS, at first, All Aboard Florida touted the high speed passenger rail project as being a private company providing a private service by using solely private resources; and WHEREAS, it is now understood that All Aboard Florida intends to fund a significant portion of the proposed high speed passenger rail project through a Railroad Rehabilitation & Improvement Financing (RRIF) Program loan of approximately $1.6 billion that is administered by the Federal Rail Administration, an agency of the United States federal government; and WHEREAS, if All Aboard Florida secures the amount that it has requested in its RRIF loan application, it will be the largest RRIF loan awarded by the federal government to date; and WHEREAS, in June of 2014, All Aboard Florida sold $405 million in high-risk bonds with a hefty 12 percent interest rate to assist in its efforts to build the proposed high speed passenger rail project; and WHEREAS, if All Aboard Florida secures the amount that it has requested in its RRIF loan application, it intends to use a portion of the RRIF loan to repay the $405 million in high risk bonds; and 306 RESOLUTION NO. 2015 - WHEREAS, it is now also understood that in addition to the federal assistance, the State of Florida has pledged approximately $215 million for a new rail station at the Orlando International Airport which will benefit All Aboard Florida and other transit systems; and WHEREAS, FECR has license agreements with local governments for most, if not all, of the railroad crossings along FECR's corridor, 32 of which are within Indian River County; and WHEREAS, due to the language in the license agreements, local governments, such as Indian River County, will bear both the maintenance costs of upgrading the railroad crossings to allow All Aboard Florida to operate a high speed passenger rail service and the costs of installing and maintaining any additional equipment to implement one or more quiet zones; and WHEREAS, instead of being a high speed passenger rail service provided by a private company, using solely private resources, it is now clear that a significant portion of the financial burden of the proposed passenger rail project will be borne by the taxpayers through assistance from the federal, state and local governments; and WHEREAS, according to Draft Environmental Impact Statement issued by the Federal Railroad Administration, FECR currently operates up to 16 freight trains per weekday and 11 freight trains per weekend day, and by 2016, it expects to be operating up to 26 freight trains per weekday and up to 17 freight trains per weekend day with an anticipated annual increase of 3%; and WHEREAS, the upgraded railroad crossing will also allow FECR to operate its freight service at speeds of up to 70 mph through populated areas of Indian River County, including Vero Beach, Sebastian, and the communities of Gifford, Roseland, Wabasso and Winter Beach; and WHEREAS, there will be no future stops within Indian River County by All Aboard Florida unless the plans are first approved by the Central Florida Expressway Authority, which is comprised of elected officials representing the interests of Central Florida and unelected individuals appointed by the Governor, and the Central Florida Expressway Authority bond counsel; and WHEREAS, the first priority of the Indian River County Board of County Commissioners is the health, welfare and safety of the residents of Indian River County; and WHEREAS, All Aboard Florida's proposed high speed passenger rail service will increase railroad traffic, railroad noise and railroad vibrations within Indian River County thereby creating a genuine detriment and threat to the health, welfare and safety of the citizens of Indian River County as well as an irreparable harm to Indian River County's natural resources and historical resources; and 2 307 RESOLUTION NO. 2015 - WHEREAS, representatives of All Aboard Florida have continually misled our community as to the true nature of the project, the extent of the support of the federal government subsidy, the significant benefit to the freight business and the real detrimental impacts to the health, safety and welfare to the communities of Indian River County and the entire Treasure Coast; and WHEREAS, on October 7, 2014, the Board of County Commissioners passed Resolution 2014-090 emphatically opposing All Aboard Florida, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. The above "WHEREAS" clauses are true and correct, and are hereby adopted as findings of the Board. Section 2. The Board of County Commissioners resolves to allocate $2.7 million to protect this community against the dangers of All Aboard Florida. Section 3. The Board of County Commissioners calls upon the other local governments impacted by All Aboard Florida to join Indian River County in protecting their communities and citizens with both financial and political support. The foregoing resolution was moved for adoption by Commissioner , and seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Wesley S. Davis Vice Chairman Bob Solari Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Tim Zorc The Chairman thereupon declared the resolution duly passed and adopted this 3`d day of March, 2015. ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller LE Deputy Clerk Approved as to form and legal sufficiency: By: Dy Reingold, County Attorney BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA LIM 3 Wesley S. Davis, Chairman 308 Dylan Reingold, County Attorney William K. DeBraal, Deputy County attorney Kate Pingolt Cotner, Assistant Counry Attornev County Attorney's Matters - B. CC 03.3.15 Office of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: February 25, 2015 01 SUBJECT: Appeal of Public Service Commission Rulings BACKGROUND. ATTORNEY On February 3, 2015, the Florida Public Service Commission ("PSC") voted to grant the City of Vero Beach's Petition for Declaratory Statement (the "City's Petition") and deny Indian River County's Petition for Declaratory Statement (the "County's Petition"). Both PSC orders were issued on February 12, 2015. A party adversely affected by a decision of the PSC may request reconsideration within 15 days or file a notice of appeal within 30 days of the order. An appeal of a PSC order affecting electric "rates or service" is appealable directly to the Florida Supreme Court (the "Court"). The County Attorney's Office recommends not filing for reconsideration, but instead filing an appeal. A timely notice of appeal must be filed on or before March 16, 2015. Approved for March 3, 2015 BCC Meeting County Attorney's Matters COUNTY ATTORNEY Indian River Co. A roved Date Admin. Co. Atty. Budget Department Risk Management --- F:At—OlU.d&GEXERAL'-B C CAgd.,t1e P-b11a Sr —Commis Appeoldx 309 Board of County Commissioners February 25, 2015 Page TWo In order to prevail on an appeal, the appealing party must demonstrate that the PSC departed from the essential requirements of the law or that there was no competent substantial evidence of record to support the PSC's decision. Since this appeal would involve declaratory statements, the appeal would need to focus on how the PSC failed to follow the essential requirements of the law — essentially, in the City's docket the PSC determined the rights of the County and found County electric franchises meaningless and without legal effect even though the PSC has no authority with respect to franchises. PSC orders come to the Court with a presumption of correctness, and our task will be to demonstrate that the PSC acted beyond its legal authority in granting the City's Petition while in the same meeting denying the County's Petition. If the County appeals both orders, the County should file a motion to consolidate the two appeals, which could be filed on the day the notice of appeal is filed or as soon thereafter as is reasonable. The Initial Brief of the appealing party must be filed 70 days after the notice of appeal, or Friday, May 22, 2015. Parties opposed to the appeal may file an Answer Brief within 25 days of service of the initial brief, or on or before June 19, 2015. The County may file a Reply Brief to the Answer Brief within 25 days of the filing of the Answer Brief limited to responding only to matters in the Answer Briefs, or on or about July 11, 2015. A request for oral argument shall be made within 10 days of the filing of all briefs, and usually is filed simultaneously with the filing of the Answer Brief, or no later than July 21, assuming the Reply Brief is filed July 11. Given the public policy implications, we would expect the Court to grant oral argument. The scheduling of oral argument is up to the Court. It would be reasonable to anticipate oral argument in the first quarter of 2016, but it could be earlier or later. In very general terms, the Court may issue its opinion within six to nine months following the oral argument, but a decision may be released sooner or later. FUNDING. The filing fee for a case at the Court is $300. The filing of an appeal would include everything from filing the notice of appeal, to researching, drafting, and filing the Initial Brief, reviewing the Answer Briefs and any amicus curia, and researching, drafting, and filing the Reply Brief, and finally preparing for, and presenting an oral argument. The estimated fees for such work are $80,000. The funding would come from the MSTU Fund. RECOMMENDATION. The County Attorney's Office recommends that the Chair allow for public comment on this matter and then have the Board vote to file the Notice of Appeal and authorize the County Attorney's Office to prosecute the appeal. The County Attorney's Office would also recommend that the Board authorize staff to prepare the budget amendment to transfer the funds into the MSTU Fund/County Planning/Legal Services account. F. All—yUird.iGENERALiB CC Ag nd.,11,—,.P.blic S,rvgc,C...i,,I...4ppeal.doc 310 County Attorney's Matters - B. CC 3.3.15 Office of INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney v"I", DATE: February 23, 2015 ATTORNEY SUBJECT: Impasse Hearing for Indian River County Firefighter/Paramedic Association, International Association of Fire Fighters, Local 2201 (Local 2201) The County Attorney seeks guidance from the Board of County Commissioners on setting a date for the impasse hearing concerning the Indian River County Firefighter/Paramedic Association, International Association of Fire Fighters, Local 2201 (Local 2201). Approved for March 3, 2015 BCC Meeting County Attorney's Matters COUNTY ATTORNEY Indian River Co. oved Date Admin. Co. Atty. 1 Budget 2 2, Department - --- Risk Management --- --- F: At—y D.I. GE.VERAL•B C CAg,.& Af,.-Jmp—.0 H,—.gala 311 U M EMERGENCY ITEM 14.A.1 March 3, 2015 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: March 2, 2015 SUBJECT: Abandoned Artesian Well Plugging FROM: Wesley S. Davis Commissioner District 1 I kindly request your consideration in discussing a Letter of Support for reinstituting the cost share funding for the Abandoned Artesian Well Plugging Program with St. John's River Water Management District. Contract #SL318XA AGREEMENT BETWEEN THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT AND INDIAN RIVER COUNTY FOR CONTROLLING ABANDONED ARTESIAN WELLS THIS AGREEMENT is entered into by and between the GOVERNING BOARD of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT ("the District'), whose address is 4049 Reid Street, Palatka; Florida 32177, and INDIAN RIVER COUNTY ("the County"), whose address is 1801 27' Street, Veto Beach, Florida 32960. WITNESSETH THAT: WHEREAS, the District is a special taxing district created by the Florida Legislature and given those powers and responsibilities enumerated in chapter 373, Fla. Stat., whose geographical boundaries encompass Indian River County; and WHEREAS, pursuant to section 373.207(1), Fla. Stat., the Florida legislature has directed the water management districts of the state to locate all known abandoned artesian wells, and to ensure that each well is properly controlled; and WHEREAS, the District has established a cooperative program, known as the Abandoned Artesian Well Plugging Cost Share Program ("the Program"), for the purpose of locating and plugging abandoned artesian wells, and WHEREAS, the County is a public body and is empowered to enter into an agreement with the District for the purposes of conserving and protecting water resources in Indian River County, Florida; and WHEREAS, the District has determined that its needs will be best served by entering into a cooperative, cost-sharing agreement with the County for the purposes stated herein. NOW THEREFORE, in consideration of the premises, which are made a part of this agreement, and the mutual covenants contained herein, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto, each intending to be legally bound, agree as follows. ARTICLE I - TERM A. Term. The term of this Agreement shall be from the Effective Date to the Completion Date. 1. Effective Date. The Effective Date of this Agreement shall be the date upon which the last party to this Agreement has dated and executed the same; provided, however, that in the event a date other than the aforesaid is set forth below in this section, that date shall be the Effective Date. In lieu of the aforesaid Effective Date, the Effective Date of this Agreement shall be October 1, 2007. 2. Completion Date. The Completion Date of this Agreement shall be no later than September 30, 2010, unless extended by mutual written agreement of the parties. All Work under this Agreement shall be completed for use no later than the Completion Date. 1 of 9 Contract #SL318XA B. Time is of the Essence. The Commencement Date and Completion Date are essential conditions hereof. In addition, time is of the essence for each and every aspect of this Agreement. Where additional time is allowed for the completion of the Work, the new time limit shall also be of the essence. ARTICLE H - STATEMENT OF WORK The purpose of this Agreement is for controlling abandoned artesian wells in Indian River County, Florida, utilizing the services of a Florida -licensed water well contractor. The District and the County each agree to perform the work as specified. Should any change in this work be necessary, the District and the County shall execute an amendment to the Agreement, specifying the change in work, and if applicable, establishing any changes to the funding amount. A. Responsibilities of the County: The County shall obligate funding for fifty percent (50%) of the costs of controlling abandoned artesian wells in Indian River County, up to the amount of $20,000 for each fiscal year. 2. The County shall submit to the District written assurance of availability of funds for each fiscal year on or before September 30. 3. The County shall pay the District up to $20,000 each fiscal year for the services of a water well contractor and the materials necessary for controlling abandoned artesian 4W wells in Indian River County, Florida. 4. In the event well abandonment opportunities become available, the cost of which exceeds the funding amount for the current fiscal year, the County agrees to seek additional funds for funding fifty percent (50%) of these costs. 5. The County shall be responsible for locating wells that are to be controlled, and shall complete a Well Investigation Form (Attachment 1) for each well and submit the form to the District. 6. The County shall be responsible for obtaining written consent of well owners, authorizing their wells to be plugged by the District. The County shall provide local contact with the public regarding the identification of new wells for the District's inventory. The County shall provide local coordination of the Program. B. Responsibilities of the District: The District shall administer the provisions of this Agreement. 2. The District shall obligate funding for fifty percent (50%) of the costs of controlling abandoned artesian wells in Indian River County, up to the amount of $20,000 for each ® fiscal year. 2 of 9 311.3 Contract #SL318YA 3. The District shall submit to the County written assurance of availability of funds for each fiscal year on or before September 30. 4. In the event well abandonment opportunities become available, the cost of which exceeds the funding amount for the current fiscal year, the District agrees to seek additional funds for funding fifty percent (50%) of these costs. S. The District shall'maintain the services of a qualified water well contractor for the duration of this Agreement. The District shall provide professional and technical support necessary to address all aspects of the work carried out by the water well contractor. ARTICLE III - COMPENSATION A. Amount of Fundin . The District and the County agree to pay fifty percent (50%) of the costs of controlling abandoned artesian wells in Indian River County, up to $60,000 each over the entire term of this Agreement, providing funding in the amount of $20,000 for each fiscal year. Fiscal Year: October 1, 2007 — September 30, 2008 Amount: $20,000 each Party Fiscal Year: October 1, 2008 — September 30, 2009 Amount: $20,000 each Party Fiscal Year: October 1, 2009 — September 30, 2010 Amount: $20,000 each Party Funding for each applicable fiscal year of this Agreement is subject to budgetary appropriation, as provided in ARTICLE V — FUNDING CONTINGENCY. B. Invoicing Procedure. The District shall invoice the County quarterly (on December 31, March 31, June 30, and September 30 of each year) for payment of fifty percent (50%) of the amount expended for the controlling of abandoned wells during that quarter. ARTICLE IV - INABILITY AND INSURANCE A. Each party to the Agreement is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees, and agents thereof. In addition, each party is subject to the provisions of section 768.28, Fla. Stat., as amended. Nothing herein shall be construed as a waiver of sovereign immunity by any party hereto. B. Each party shall also acquire and maintain throughout the term of this Agreement such general liability, automobile insurance, and workers' compensation insurance as required by their current rules and regulations. ARTICLE V - FUNDING CONTINGENCY Funding Contingency. This Agreement is contingent upon funding in succeeding years, which may include a single source or multiple sources, including, but not limited to: (1) revenues appropriated by the District's Governing Board in its sole discretion and judgment for each succeeding year; (2) annual appropriations by the Florida Legislature, or (3) appropriations from other agencies or funding sources. Should the Work provided for hereunder not be approved, in 3 of 9 311-` L Contract #SL318XA whole or in part, for funding in succeeding years, the District shall so notify County, and this Agreement shall be deemed terminated as provided below. ARTICLE VI - PROJECT MANAGEMENT A. Proiect Managers. The project managers shall be responsible for overall coordination, oversight, and management of the Work. The parties agree to the following persons being designated as project manager: DISTRICT Wesley A. Curtis, Project Manager St. Johns River Water Management District 4049 Reid Street Palatka, Florida 32177 386-329-4252 E-mail: wcurtis@sjrwmd.com COUNTY Roland M. Deblois, Project Manager Indian River Countv 180127' Street Vero Beach, Florida 32960 772-567-8000, ext 1258 E-mail: rdeblois@ircgov.com B. District Project Manager. The District's Project Manager shall have sole and complete responsibility to transmit instructions, receive information, and communicate District policies and decisions regarding all matters pertinent to performance of the Work. The District's project manager shall have the authority to approve minor deviations in the Work that do not affect the Total Compensation or the Completion Date. The District's Project Manager and, as appropriate, other District employees, shall meet with the County when necessary in the District's judgment to provide decisions regarding performance of the Work, as well as to review and comment on reports. C. Change in Project Manager. Either party to this Agreement may change its project manager by providing not less than three (3) working days prior written notice of the change to the other party. The District reserves the right to request the County to replace its project manager if said manager is unable to carry the Work forward in a competent manner or fails to follow instructions or the specifications, or for other reasonable cause. D. Notices. All notices to each party shall be in writing and shall be either hand -delivered or sent via U.S. certified mail to the respective party's project manager at the names and addresses specified above. All notices shall be considered delivered upon receipt. Should either party change its address, written notice of the new address shall be sent to the other parties within five (5) business days. Except as otherwise provided herein, notices may be sent via e-mail or fax, which shall be deemed delivered on the date transmitted and received. ARTICLE VII - TERMINATIONS A. Termination for Default. This Agreement may be terminated in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given: (1) not less than ten (10) calendar days written notice delivered by certified mail, return receipt requested, and (2) an opportunity to consult with the other party prior to termination and remedy the default. 07.'IuN 4 of 9 :311-S Contract 4SL318XA B. District Termination for Convenience. The District reserves the right, upon ten (10) days written notice to County, to terminate this Agreement should sufficient funds not be appropriated to fund the District's 50% share of the costs of the work. The District shall make every reasonable effort to cancel all orders and contracts related to the terminated work. County shall not be liable under this agreement for funding any work performed after the date of termination or for any materials that were ordered prior to receipt of notice of termination, but that could be returned to the vendor without penalty. ARTICLE VIII - MISCELLANEOUS PROVISIONS A. Assignment and Subcontracts. County shall not assign this Agreement, or any monies due hereunder, without the prior written consent of the District. County shall be responsible for the fulfillment of all work elements included in any subcontracts and shall be responsible for the payment of all monies due under any subcontract. County shall be as fully responsible to the District for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as it is for its own acts and omissions. County shall hold the District harmless from any liability or damages arising under or from any subcontract to the extent allowed by law. B. Attorney's Fees. In the event of any legal or administrative proceedings arising from or related to this Agreement, including appeals, each party shall bear its own attorney's fees. C. Audit: Access to Records. The parties agree that each party, or its duly authorized representatives shall, until the expiration of three (3) years after expenditure of funds hereunder, have access to examine any of the other party's books, documents, papers, and other records involving transactions related to this Agreement. The parties shall preserve all such records for a period of not less than three (3) years. Payment(s) made hereunder shall be reduced for amounts charged that are found on the basis of audit examination not to constitute allowable costs. The parties shall refund any such reduction of payments. All required records shall be maintained until an audit has been completed and all questions arising from it are resolved. The parties will provide proper facilities for access to and inspection of all required records. D. Civil Rights. Pursuant to chapter 760, Fla. Stat., the parties shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin, age, handicap, or marital status. E. Construction of Agreement. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that both parties, have contributed substantially and materially to the preparation hereof. F. Entire Agreement. This Agreement, upon execution by the County and the District, constitutes The entire agreement of the parties. The parties are not bound by any stipulations, representations, agreements, or promises, oral or otherwise, not printed or inserted herein. The County agrees that no representations have been made by the District to induce the County to enter into this Agreement other than as expressly stated herein. This Agreement cannot be changed orally or by any means other than written amendments referencing this Agreement and signed by all parties. G. Governing Law. This Agreement shall be construed and interpreted according to the laws of the state of Florida. 5 of 9 Contract #SL318XA H. Interest of the Parties. The parties certify that no officer, agent, or employee of the parties has any material interest, as defined in chapter 112, Fla. Stat., either directly or indirectly, in the business of the other party to be conducted hereby, and that no such person shall have any such interest at any time during the term of this Agreement. I. Non Lobbying. Pursuant to section 216.347, Fla. Stat., as amended, the County hereby agrees that monies received from the District pursuant to this Agreement will not be used for the purpose of lobbying the Legislature or any other state agency. J. Release of Information. Records of the parties that are made or received in the course of performance of the Work may be public records that are subject to the requirements of chapter 119, Fla. Stat. In the event a party receives a request for any such records, the receiving party shall notify the other party's project manager within three (3) workdays of receipt of such request Each party reserves the right to cancel this Agreement for refusal by the other party to allow public access to all documents, papers, letters, or other material related hereto and subject to the provisions of chapter 119, Fla. Stat., as amended. K. Separate Counterparts. This Agreement may be executed in separate counterparts, which shall not affect its validity. L. Venue. In the event of any legal proceedings arising from or related to this Agreement, venue for such proceedings shall be in Orange County, Florida. M. Waiver of Right to Jury Trial. In the event of any civil proceedings arising from or related to this Agreement, the County hereby consents to trial by the court and waives its right to seek a jury trial in such proceedings, provided, however, that the parties may mutually agree to a jury trial. Remainder of page intentionally left blank. 6 of 9 3o.? Contract #SL318YA IN WITNESS WHEREOF, the St. Johns River Water Management District has caused this Agreement to be executed on the day and year written below in its name by its Executive Director, and the County has caused this Agreement to be executed on the day and year written below in its name by its duly authorized representatives, and, if appropriate, has caused the seal of the corporation to be attached. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT ? 4�� � B. y&14 v Kirby B.en III, Executive ector, or Designee Date: %a /(7A)7 APPROVED BY THE OFFICE O GENERAL SEL k,,,/ Stan ey J. Niego, Sr. A sistant General Counsel Documents attached: Attachment 1 Well Investigation Form QNG.'•, INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By: 4kpb A. Baird, County Administrator yp d N end, /Title Date: (Approved by the Board 9/18/07) Attest: /J �R.l� �. �2Y �kPnu��ye �ssisrq�l i Typed Name and Title 7of9 APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY WILLIAM G. COLLINS If COUNTY ATTORNEY Reported By: Well Owner Name&Address: Well Location: ATTACHMENT I — WELL INVESTIGATION FORM GENERAL PURPOSE FIELD IlWESTIGATION FORM Phone: Phone: GPS Position: (LetitudeT (Longitude) GPS Datum (circle one): NAD83 WGS84 Aquifer code (circle one): UC SC CF UNK Date of Inspection: Observed By: Cost Share Program discussed: Well Diameter: Well Depth: Taped/reported Blocked @ feet Well Status: (Check All That Apply) Accessible By: Well Head: Condition: Action: Loggability: Foot _Visible _Capped _Left As Found _Loggable _Vehicle _Buried _Valved _Temp Plug _Site prep required ATV Discharge Visible Only _Plugged _Temp Repair Need: (prep work) _Boat Under poweriines _Other _Flagged or Staked _Logging Van _Unable to locate Not Loggable Not accessible Well use: _Open Reason: (unloggable) Flow upon arrival gpm Flow wide open gpm Flow as left gpm Recomendation: _ Owner Keep _ Owner Repair/Abandon _ Not Repairable _ SJRWMD Repair/Abandon Comments: Attach photos 8 of ATTACHMENT 1— WELL INVESTIGATION FORM PROPERTY LOCATION MAP (from major intersection & to include mileage) SITE SKETCH (from edge of landmark to well & to include approximate feet) 9of9 ���`6 3-3-2-015 I�A•I. Technical Fact Sheet SJ2004-FS4 a ndoned Artesian Well Plugging Program 2004 3w p at. lo.hns SR.ive.r WAter Management District overview In general terms, the process of permanently plugging an abandoned well involves a site An artesian well is a well that has been visit and well inventory, including drilled into a rock formation that contains installation of a temporary plug where water confined under pressure (an artesian possible, correspondence to formalize aquifer; Figure 1). An abandoned artesian participation, geophysical logging of the well is one that has no present or future well, and permanent well abandonment by a beneficial use. It also may: licensed well driller under contract to • Not have a properly functioning valve SIRWMD. All steps in this process are or flow control 3 • Not meet current well construction standards Free-flowing artesian well O • Be discharging salt water into a drinking water aquifer ...�.,�<._„►��,xF�r� Free-flowing abandoned artesian wells can potentially waste many millions of gallons per day of our water resource. Non -flowing abandoned wells may also act as a conduit for sources of contaminants to enter the aquifer. The goal of the St. Johns River Water Management District's (SJRWMD) abandoned artesian well plugging program is to assure the continued availability of groundwater resources by detecting, evaluating, and controlling abandoned artesian wells. The program seeks, and is designed to actively encourage, public participation in detecting problem wells. Control and remediation of abandoned wells is achieved by sharing plugging costs with other governmental entities and well owners. B, Intermediate aquifer, Confining layer Freshwater This document was prepared to comply with the requirements of Section 373.207, Florida Statutes (1991). It is the twenty-second annual report on the inventory of abandoned artesian wells in the St. Johns River Water Management District and on the work plan for controlling or plugging inventoried wells. This report covers the fiscal year October 1, 2003, through September 30, 2004. I I I 2 82 00 W 81 00 W 80 00 W 6 15 1 1 11 • Femandina 8 Na, teach 51 108 N S � f 0 `'�� Jadmonville.,ry y 0 1 1 Macdenny. Cis' DwAL � ��tYn 33 62 3�c '4 �---d,tr -`� 23 52 91 30 00 N Gr Starke. e•s I spring's t Augustine 11 ml aulNae;l 99 � 28 0 20 40 n I I I I I I 2 Approximate scale in miles 1 14 Gainesvill :krn,, Palatka. ISTXHNS,- 1 -- 8 22 ag scent - - - I -- Bunnell 13 I 31678 F. 7 4 a FLAGLER \. tkala ° �a $;5 ruff lu , 29 00 N _ e+r i .Ae Lard 9 - -- - - ake 34 65 vares 0a 1 O 47 Sanford ke , Hams. ( mey \ F 305462 4 -S P- ` 2 SEkaNOLE1 I- 43 93 •0dando DOME aI Y° C) 32141 der' - Kissimmee 89 0-'_ _ w 5ning o 396F668 28 00 N 2 4 •_I I`- BREVARO_ 1 INDIAN RIVER' I�Evuepre55 Le-ke Vero Beach 42 Legend Temporarily controlled wells WI 138 350 -- - - - Countyboundary Wel IS WeIIS l z plugged/ plugged/ Neechobea wr'z District boundary repaired repaired �— County seat by owner through cost - Water body share program Figure 2. Distribution of temporarily controlled and plugged or repaired abandoned artesian wells in tF St. Johns River Water Management District as of September 30, 2004 3)) " 12-- County Alachua Number of Wells Plugged 0 Number of Wells Repaired Total Estimated Maximum Potential Flow (mgd) 0 Baker 0 Clay County 50 0 Bradford 0 $39,168 0 Brevard 14 1 4.0 Clav 1 0.2 Duval 0 0 Fla ler 0 0 Indian River 33 47.0 Lake 9 1.0 Marion 2 0 Nassau 0 0 Okeechobee 0 0 Orange 4 5 0.5 Osceola 0 0 Putnam 0 0 St. Johns 0 0 Seminole 14 1 2.0 Volusia 3 0.3 Total 80 7 55.0 Table 1. Wells plugged or repaired by the St. Johns River Water Management District during fiscal year 2003-2004 The program provides a direct economic incentive for reporting and plugging these wells. Without this program, a great many abandoned wells would not be properly addressed. 2004 Results In fiscal year 2003-2004, a total of 87 wells were plugged or repaired, conserving an estimated maximum potential flow of 55 million gallons per day (mgd) of water (Table 1). Plugging or repairing wells through the SJRWMD program has conserved an estimated maximum potential flow of 595 mgd of water from 1976 through September 2004. Total contractual costs for the well plugging program in fiscal year 2003-2004 were $465,681, or $5,353 per well (based on 87 wells). Reimbursement revenue from county and individual cost -share cooperators accounted for $71,008 of the total contractual costs of well plugging (Table 2). As of September 30, 2004, the cumulative number of artesian wells identified under the abandoned artesian well plugging program was 3,586 (Figure 2). Of this total, 263 are undergoing investigation to be permanently plugged, 2,092 have been permanently plugged or repaired through the SJRWMD cost -share program, and 1,231 have been plugged or repaired by the well owners. A summary is presented in Table 3 of the wells which are on the SJRWMD inventory of wells under investigation to be permanently abandoned. These wells have been temporarily controlled whenever possible. Table 2. Cost -share funding during fiscal year 2003-2004, by cooperator 0- 3 311-13 Brevard County 50 $29,986 $14,993 Clay County 50 $1,776 $888 Indian River County 50 $39,168 $19,584 Lake County 50 Seminole County (50) _ SJRWMD/state sources/Florida Forever (100) Total $1,098 $69,988 $323,665 65681 $549 $34,994 N/A $71,008 Table 2. Cost -share funding during fiscal year 2003-2004, by cooperator 0- 3 311-13 Note:Total actual flow from these wells is estimated at approximately 4 mgd. Table 3. Inventory of wells temporarily controlled and under investigation to be permanently abandoned, as of September 30, 2004 SUMMARY The program is responsible for plugging a substantial number of wells each year. At the same time, significant numbers of new abandoned artesian wells continue to be reported. Two factors contribute to the increase in abandoned wells: Florida's pattern of rapidly changing land use and water well obsolescence. Water well obsolescence typically results from the corrosion of metallic well casings. Both factors can be expected to continue in the foreseeable future, making it likely that SJRWMD will continue programs to control abandoned wells. Note: The number of wells and the flow calculations presented in these annual reports may not correlate between years. Any discrepancies are related to (1) improvements in estimating flow rates (more wells have been measured) or (2) minor corrections to the database. December 2004 The primary goal of Florida's water management districts is the protection of water resources. Their mission is to manage water resources to ensure the continued availability of those resources while maximizing environmental and economic benefits. This is accomplished through regulation of consumptive uses; providing assistance to federal, state and local governments; operation and maintenance of control works; land acquisition and management; and applied research. For additional information or specific data, contact: St. Johns River Water Management District 4049 Reid Street • P.O. Box 1429 Palatka, FL 32178-1429 On the Internet: www.sjrwmd.com (800) 741 -WELL (9355) BCC AGENDA March 3, 2015 ITEM 14.13 (1) INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: February 24, 2015 SUBJECT: All Aboard Florida — Rail Safety Expert FROM: Commissioner Bob Solari In preparing to protect our community from the dangers of All Aboard Florida I would propose that we hire a rail safety expert. Some items that the expert would look at would include, but not be limited to: 1. Rail deaths and accidents over the past twenty years along the FECI east coast line form Miami to Jacksonville. 2. Additional deaths and accidents that might be expected with the 32 high- speed rail trains and additional freight trains each day. 3. Specific safety problems we can expect by operating freight and high- speed rail on the same tracks. 4. Health and safety issues caused by delays in getting emergency patients to hospitals. (See February 14, 2015 letter by Jeff Susi, President of Indian River Medical Center. 5. Analyze the impact of AAF and additional freight traffic on schools and school bus traffic. 6. Traffic study to examine impact of AAF and (substantially longer) freight trains on select railroad crossings. (This may require a different consultant and would examine two to three crossings in Indian River County and perhaps one each in Martin and St. Lucie, if these counties are receptive to the idea). Thank you. 312 Indian River Medical Center 1000 36th Street Vero Beach, FL 32960 772.567.4311 PHONE 772.562.5628 Fax www irmc. cc February 14, 2015 TO WHOM IT MAY CONCERN; RE: ALL ABOARD FLORIDA THREATENS HEALTH AND SAFETY OF INDIAN RIVER COUNTY RESIDENTS Previously, I communicated the concern of Indian River Medical Center regarding the negative impact increased train traffic will have on patients needing emergency services. To date, I am not aware of any effort to address those concerns or alleviate potential adverse health outcomes that will no doubt result as a consequence of delays caused by increased train traffic. Please allow me to elaborate on our concerns, trying to bring some scale to the conversation. Indian River County's population is approximately 140,000 with approximately 90,000 or 64% living west of the proposed train tracks. Our community generates 76,000 visits to the emergency room each year with approximately 57,000 visits to Indian River Medical Center and another 19,000 visits to Sebastian River Medical Center. Both hospitals are located east of the train tracks. Assuming the distribution of emergency visits mirror the population, then 48,640 emergency visits to emergency rooms originate from west of the train tracks. I have read that approximately 20 freight trains, averaging 8,150 ft in length, and 32 high speed trains will travel through Indian River County daily. If the freight trains travel through the populated area at 30 mph, the total time the 20 freight trains will spend on each railroad crossing will be approximately 61 minutes. If the crossing is closed for one additional minute (time before crossing plus time after crossing) then the total downtime for each railroad crossing will be 81 minutes. If the high speed trains add another 90 seconds for each of 32 trains, that will add another 48 minutes of downtime for a total of over 2 hours per day, excluding any downtime for maintenance or other delays. If you round down to 2 hours downtime over a 24 hour period, then just over 8% of each day will be delayed because of train traffic. That may not seem like much, but it would translate to 8% of 48,640 emergency visits or 3,891 emergency visits experiencing a delay in transport. While not all emergency visits are true emergencies, it would be safe to assume that 5% or 194 critical emergency visits per year would be adversely impacted by the proposed increase of train travel on the current tracks. Everyone knows that time is of the essence in treatment of true emergency situations. The current plans for All The Right Care Right Here 313 Aboard Florida are simply not acceptable without addressing the adverse impact on health for the people living in Indian River County. In healthcare two prime examples of delays in care is related to the treatment of heart attack and stroke patients. If treatment is not delivered within 60 minutes, for a heart patient, heart muscle dies. In the case of stroke patients, care in needed with 180 minutes or permanent damage can occur. Every minute counts. What can be done to avoid adverse impact to the health of Indian River County citizens? Abandoning the project all together would be the simplest solution, but that is unlikely. Other options would be to build multiple overpasses to allow east -west travel to be uninterrupted by train travel or move the proposed train travel west of the majority of the population, avoiding delays for most emergency travel. Moving the tracks west of 1-95 would be a significant improvement and following the Florida Turnpike would be the best solution for Indian River County. I sincerely hope you will take into consideration the significant adverse impact your current plans have on emergency care in Indian River County and adjust your plans to drastically reduce or eliminate the damage that might otherwise occur. Respectfully, Jeffrey L. Susi President/CEO Indian River Medical Center 314 March 3, 2015 ITEM 14.E.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: February 24, 2015 SUBJECT: Coastal Communities Caucus FROM: Tim Zorc Commissioner, District 3 I would like to discuss the newly formed Coastal Communities Caucus. 315 lvEr INDIAN RIVER COUNTYc `• / f SOLID WASTE DISPOSAL DISTRICT BOARD MEMORANDUM Date: February 20, 2015 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services VT3 Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District�'� Subject: Site Redevelopment Assessment Report Summary and Request for Redevelopment Direction for the Former South Gifford Road Landfill Site DESCRIPTIONS AND CONDITIONS: On December 3, 2013, the Indian River County Board of County Commissioners authorized the submittal of an application for a brownfields site assessment grant from the Treasure Coast Regional Planning Council (TCRPC) for the former South Gifford Road landfill site (Gifford Landfill). The entire Gifford Landfill covers approximately 115 acres with the front 55 acres owned by Indian River County and the remaining 60 acres owned by the City of Vero Beach. TCRPC received a United States Environmental Protection Agency (USEPA) Brownfields Coalition Assessment Grant and utilized their consultant Geosyntec to perform brownfield assessment activities for the front 30 acres of the County owned portion of the Gifford Landfill. This initial work was completed and a final report titled "Brownfields Site Assessment South Gifford Road Landfill" was issued in June 2014. On August 19, 2014, the Solid Waste Disposal District (SWDD) Board issued Work Order No. 10 in the amount of $81,079 to Geosyntec to perform brownfield assessment activities for the remaining 25 acres of the County owned portion of the Gifford Landfill. Overall, the goal of these assessment activities was to focus on site conditions that could potentially impact the health and safety of the community and to support evaluation of this site for public use. The specific scope of work for these assessment activities included identifying chemicals in shallow soil above state regulatory guidance, evaluate presence of soil cover over landfill waste, and assess presence and composition of soil gas beneath ground surface. A primary element of any redevelopment consideration is community input. Therefore, on July 7, 2014, staff and representatives from Geosyntec attended the Gifford Progressive Civic League meeting and presented the findings of the TCRPC report. To continue this process, a meeting has been scheduled on March 2, 2015 with the Gifford Progressive Civic League to present the findings of the latest report. SWDD Agenda - Site Redevelopment Assessment Report Summary and Request for Redevelopment Direction for Page 1 of 3 the Former South Gifford Road Landfill Site 316 The purpose of this agenda is to provide an overall summary of the assessment activities that occurred from March 2014 through January 2015 and to obtain Board direction on the redevelopment direction for the site. ANALYSIS: Based on the redevelopment assessment activities completed in 2014 and 2015, the County owned portion of the Former Gifford Road Landfill site is appropriate for redevelopment for recreational or commercial use, with proper consideration to site engineering and design. The specific results for the assessment activities is provided below along with the next steps. Soil Results The landfill soil cover was observed to be at least two (2) feet thick across most of the site, which means that the soil cover over the waste is sufficient to prevent exposure to underlying waste materials. Future redevelopment will ensure that the cover across the site is protective of human health. A possible solution would be to fill in the low areas to ensure a minimum of two (2) feet thick soil cover over the site, or an alternative such as asphalt paving or a geotextile and one foot of cover soils. Of all of the soil samples collected during these activities from ground surface to two feet below the surface, about 90% were below the default screening levels for all chemicals evaluated. There were only limited areas of soil with chemicals present at levels that are above the state's default screening level guidance for metals and/or semi -volatile organic compounds. Depending on final site redevelopment plans and placement of permanent structures (if needed), further evaluation of these areas may be appropriate to ensure protection of Site workers/users. Landfill Gas Results Methane is a common constituent in landfill gas (LFG) and was expected to be present at the Site. LFG is created when organic materials decompose in subsurface environments without oxygen. LFG is typically composed of methane (50 to 55%), carbon dioxide (45 to 50%), and trace amounts of other gases (e.g., oxygen, nitrogen, and hydrogen sulfide). Field measurements were found to be generally within the typical ranges for landfills. Over time, methane concentrations are likely to diminish. Redevelopment plans at the site may need to consider engineering controls to address potential migration of LFG from subsurface soils to onsite structures. Currently, there are no state regulatory drivers in Florida to evaluate the chemical composition of soil gas; however, construction of enclosed structures and utility corridors at the site will consider the potential for LFG migration. Next Steps? The first steps to site redevelopment should include activities such as land clearing in the areas to be developed, focused soil cover evaluation, and discussions with FDEP regarding the path forward. FUNDING: The funding for these site assessment activities has been provided through the TCRPC and the one cent sales tax fund used for infrastructure needs of the County. However, the total cost for future SWDD Agenda - Site Redevelopment Assessment Report Summary and Request for Redevelopment Direction for Page 2 of 3 the Former South Gifford Road Landfill Site 317 redevelopment of the County owned 55 -acres is unknown at this time. Future funding may be available from the TCRPC for additional site development work but the exact amount or timeframe is unknown at this time. Upon Board approval of the recommendations below, staff will develop cost estimates for consideration and approval at a future Board meeting. RECOMMENDATION: Staff recommends the following options for the SWDD Board to consider: 1. Get community input and support for redevelopment planning. 2. Authorize staff to meet with the FDEP and TCRPC to discuss the permitting requirements and funding opportunities for moving forward with site redevelopment planning and engineering. 3. Authorize staff to develop recreational options and opportunities through a planned engineering project; and 4. Authorize staff to obtain proposals for land clearing followed by a topographic survey of the County owned 55 acres of the Former Gifford Road Landfill site; 5. Authorize staff to obtain proposals to add soil cover material, as needed, so the entire County owned 55 acres of the Former Gifford Road Landfill site has at least two feet of cover using the site topographic survey and/or evaluate an alternative cover system; ATTACHMENT(s): 1. Former Gifford Road Landfill Flyer 2. Geosyntec Brownfields Site Assessment South Gifford Road Landfill Report (conclusions and recommendations only) APPROVED FOR AGENDA: By: oseph A. Baird, County Administrator For: Date Indian River Co. Approved Date Administration Legal Budget SWDD I SWDD -FinanceL- SWDD Agenda - Site Redevelopment Assessment Report Summary and Request for Redevelopment Direction for Page 3 of 3 the Former South Gifford Road Landfill Site 318 The former landfill is being evaluated for redevelopment Newto provide enhancement to the surrounding Gifford Community. The former South Gifford Road Landfill is located along 415' Street in the Gifford community of Indian River County, FL. In the 1960s and 1970s, commercial, industrial, residential; and agricultural wastes were disposed of in the landfill. The Site was closed in 1978 in accordance with state regulations at the time. The Site is approximately 115 acres of land with partial ownership by the County (northern 55 acres) and the City of Vero Beach (southern 60 acres). The property is a former landfill that is being evaluated for redevelopment to provide enhancement to the surrounding Gifford community. Based on feedback from the community, several potential redevelopment options (and/or combinations of options) are being considered for the Site (e.g., community market and recreational uses) but. residential development of the Site is not being considered as an option. L.ife for Close -an fill Site: Enhancing Cominn anity Benefits Hedevelopnewn cx sessnww From March 2014 through January 2015, the County completed as- sessment activities on the County -owned portion of the Site to ensure that the Site is redeveloped safely. Part of these assessment activi- ties were funded by the Treasure Coast Regional Planning Council (TCRPC) through a federal Brownfields grant with the remaining funded by the County. Assessment activities focused on better understanding Site conditions to ensure that the Site is redeveloped safely for public use. As part of the assessment activities, the follow- ing were evaluated: • Surface soils: it is important to evaluate the thickness of the landfill cover soils to confirm that a sufficient barrier is present to prevent human contact with waste materials. It is also im- portant to evaluate the chemical compositions of the soil cover to verify that the cover soils do not pose an unacceptable risk. • Landfill gas: waste materials decompose as they age and typi- cally generate methane. If buildings or other potential confined spaces are a part of the development plan and methane is present in subsurface gases, a properly designed and con- structed control system will be installed. Based on the redevelopment assessment activities completed in 2014 and 2015, the site is appropriate for redevelopment for recre- ational or commercial use, with proper consideration for engineering controls. Request input on Board's preferred future land use options to focus future activities The landfill soil cover was observed to be at least two ft thick across most of the Site. Future redevelopment will require that the cover across the Site is protective of human health. This may include a two ft thick soil cover over the site, or an alternative, such as asphalt pav- ing or a geotextile and one foot of cover soils. Of all of the soil samples collected during these activities from the top two ft of surface soil, about 90% were below the default screen- ing levels for all chemicals evaluated. There were only limited areas of soil with chemicals present at levels that are above the state's conservative default screening level guidance for metals and/or semi - volatile organic compounds. Depending on final site redevelopment plans and placement of permanent structures (if needed), further evaluation of these areas may be appropriate to remove these areas and ensure protection of Site workers/users. Methane is a common constituent in landfill gas (LFG) and is created when organic materials decompose in subsurface environments with- out oxygen. LFG is typically composed of methane, carbon dioxide, and trace amounts of other gases. Field measurements were found to be generally within the typical ranges for landfills. Over time, methane concentrations are likely to diminish. Redevelopment plans at the Site may need to consider engineering controls to address potential migration of LFG from the subsurface to onsite structures. Construction of enclosed structures and utility corridors at the Site will consider the potential for LFG migration as a precautionary measure for the safety of the community and site users. Develop a Community grants Involvement Plan, rfunding including regular i e , Stakeholder's Ids) meetings The landfill soil cover was observed to be at least two ft thick across most of the Site. Future redevelopment will require that the cover across the Site is protective of human health. This may include a two ft thick soil cover over the site, or an alternative, such as asphalt pav- ing or a geotextile and one foot of cover soils. Of all of the soil samples collected during these activities from the top two ft of surface soil, about 90% were below the default screen- ing levels for all chemicals evaluated. There were only limited areas of soil with chemicals present at levels that are above the state's conservative default screening level guidance for metals and/or semi - volatile organic compounds. Depending on final site redevelopment plans and placement of permanent structures (if needed), further evaluation of these areas may be appropriate to remove these areas and ensure protection of Site workers/users. Methane is a common constituent in landfill gas (LFG) and is created when organic materials decompose in subsurface environments with- out oxygen. LFG is typically composed of methane, carbon dioxide, and trace amounts of other gases. Field measurements were found to be generally within the typical ranges for landfills. Over time, methane concentrations are likely to diminish. Redevelopment plans at the Site may need to consider engineering controls to address potential migration of LFG from the subsurface to onsite structures. Construction of enclosed structures and utility corridors at the Site will consider the potential for LFG migration as a precautionary measure for the safety of the community and site users. Prepared on behalf of. - Indian Indian River County Solid Waste Disposal District 132574 1h Avenue Southwest Vero Beach, Florida 32968 SITE REDEVELOPMENT ASSESSMENT SOUTH GIFFORD ROAD LANDFILL 470141ST STREET VERO BEACH, FLORIDA Prepared by: Geosyntecl-' consultants t ngita,crs ! ,cit n >r i inno%atois 316 South Baylen Street, Suite 201 Pensacola, Florida 32502 Geosyntec Consultants Project Number FR0766J February 2015 321 Site Redevelopment Assessment February 2015 South Gifford Road Landfill, Vero Beach, Florida TABLE OF CONTENTS 1. INTRODUCTION....................................................................................................1 1.1 Terms of Reference...........................................................................................1 1.2 Site Location and Description........................................................................... l 1.3 Purpose..............................................................................................................1 1.4 Site Redevelopment -Related Background........................................................1 1.5 Report Organization.......................................................................................... 2 2. SITE SETTING AND BACKGROUND..................................................................3 2.1 Site Location and Description...........................................................................3 2.2 Site Background................................................................................................3 2.3 Summary of Previous Investigations and Remedial Actions ............................3 2.4 Site -Specific Lithology.....................................................................................4 2.5 Aquifer Properties and Groundwater Flow ....................................................... 5 3. ASSESSMENT METHODOLOGIES......................................................................6 3.1 Overview........................................................................................................... 6 3.2 Soil Sampling....................................................................................................7 3.3 Landfill Cover Evaluation.................................................................................7 3.4 Soil Gas Sampling.............................................................................................8 3.5 Management of Investigation -Derived Waste..................................................9 4. ASSESSMENT RESULTS.....................................................................................10 4.1 Overview.........................................................................................................10 4.2 Soil Results.....................................................................................................10 4.3 Landfill Cover Evaluation Results..................................................................11 4.4 Soil Gas Results..............................................................................................11 4.5 Quality Assurance/Quality Control.................................................................12 5. CONCLUSIONS AND RECOMMENDATIONS FR0766J[PRI5007 .................13 Feb -15 322 Site Redevelopment Assessment February 2015 South Gifford Road Landfill, Vero Beach, Florida TABLE OF CONTENTS (continued) LIST OF TABLES Table 1 Summary of Northern and Southern Assessment Area Soil Analyses Table 2 Summary of Northern and Southern Assessment Area Soil Gas Analyses Table 3 Summary of Soil Target Cleanup Level Exceedances and Corresponding Confirmation Samples Table 4 Summary of Northern and Southern Assessment Area Soil Gas Field Screening Results Table 5 Summary of Northern and Southern Assessment Area Soil Gas Analytical Results LIST OF FIGURES Figure 1 Site Vicinity Topographic Map Figure 2 Northern and Southern Assessment Areas Figure 3 Parcel/Surrounding Land Use Figure 4 Assessment Sample Locations Figure 5 Approximate Cover Thickness Figure 6 Summary of Soil Exceedances and Confirmation Sample Results LIST OF APPENDICES Appendix A Field Forms Appendix B Laboratory Reports Appendix C Benzo(a)pyrene Toxicity Equivalence Quotient Calculations Appendix D Summary of Soil Sampling Results FR0766J/PR15007 Feb -15 323 Site Redevelopment Assessment February 2015 South Gifford Road Landfill, Vero Beach, Florida TABLE OF CONTENTS (continued) List of Acronyms and Abbreviations % Percent Accutest Accutest Southeast Laboratory BaP Benzo(a)pyrene BLS Below Land Surface Cis-1,2-DCE Cis-1,2-dichloroethene COC Constituent of Concern C/I- Commercial/Industrial FDEP Florida Department of Environmental Protection ft feet ft square feet Geosyntec Geosyntec Consultants GPS Global Positioning System IDW Investigation Derived Waste IP&T Interim Pump and Treat IRC Indian River County K Hydraulic Conductivity lbs pounds LFG Landfill Gas OCP Organochlorine Pesticides OPP Organophosphorous Pesticides PID Photoionization Detector PVC Polyvinyl Chloride QA Quality Assurance QC Quality Control R- Residential RAP Remedial Action Plan RCRA Resource Conservation and Recovery Act Site South Gifford Road Landfill SOP Standard Operating Procedure SCTL Soil Cleanup Target Level SVOC Semi -Volatile Organic Compound SWDD Solid Waste Disposal District TCE Trichloroethene TCRPC Treasure Coast Regional Planning Council TEQ Toxicity Equivalence Quotient USEPA United States Environmental Protection Agency VOC Volatile Organic Compound FR0766J/PR15007 iu Feb -15 324 Site Redevelopment Assessment February 2015 South Gifford Road Landfill, Vero Beach, Florida 5. CONCLUSIONS AND RECOMMENDATIONS Based on the redevelopment assessment activities completed at the Gifford Road Landfill in 2014 and 2015, the Site is appropriate for development for recreational or commercial use, with proper consideration to site engineering and design. Forty of forty-five samples (-90%) were below the default screening levels for all COCs evaluated. Arsenic and BaP TEQ were the only COCs detected at concentrations exceeding applicable regulatory guidance at --10% of sample locations. Arsenic was detected in SB -111 and SB -212 at concentrations in excess of the R-SCTL. As discussed in section 4. 1, the R-SCTL is the most conservative default screening criterion. As such, the relevance of the arsenic and Bal? TEQ detections will be evaluated in light of the final site redevelopment plans to meet human health requirements. The landfill soil cover in both the northern and southern assessment areas was observed to be at least two ft thick except at test pit locations TP -101, TP -102, TP -103, and at the soil boring locations between TP -106 and TP -107 and near TP -102. For much of the Site, soil cover over the waste is sufficient to prevent exposure to underlying waste materials. Future redevelopment consideration will ensure that there is at least two ft thick cover over the entire site. Analytical and field screening results indicate the composition of soil gas in the northern and southern assessment areas is typical of closed/former landfills. Methane and low levels of volatile compounds were measured in some of the soil gas samples collected. Over time, methane concentrations are likely to diminish. Redevelopment plans at the Site may need to consider engineering controls to address potential migration of LFG from subsurface soils to onsite structures. The first steps to site redevelopment should include activities such as land clearing in the areas to be developed, focused soil cover evaluation, and discussions with FDEP regarding the path forward. For example, specific activities for next steps towards redevelopment of the Site include authorization to: • get community input and support for redevelopment planning; • meet with the FDEP and TCRPC to discuss the permitting requirements and funding opportunities for moving forward with site redevelopment planning and engineering; • develop recreational options and opportunities through a planned engineering project; • obtain proposals for land clearing followed by a topographic survey of the County - owned 55 acres of the Former Gifford Road Landfill site; and FR0766J[PR 15007 13 2/24/201) 325 Site Redevelopment Assessment February 2015 South Gifford Road Landfill, Vero Beads, Florida • obtain proposals to add soil cover material, as needed, so the entire County -owned 55 acres of the Former Gifford Road Landfill site has at least two feet of cover using the site topographic survey and/or evaluate an alternative cover system. According to FDEP3, the following recommendations should be considered prior to site development: • The landfill cover should prevent human contact with the underlying waste materials. Once redevelopment plans have been finalized and grading plans developed, additional assessment may be needed to further delineate areas with less than two ft of soil cover. As discussed earlier, the cover system required by FDEP usually consists of two ft of soils graded to prevent ponding; however, alternative cover systems may be appropriate and have been approved by FDEP (e.g., one ft of soil cover underlain by a geotextile or geogrid or alternatively, a low -permeability surface cap such as asphalt for a parking lot). • Any onsite structures should be designed with good ventilation and explosion proof electrical wiring. • Enclosed ground level and underground structures should be avoided or constructed with adequate protection against landfill gas intrusion. • Irrigation systems should be designed to minimize disturbance to subsurface waste materials and should not withdraw water from areas where groundwater may be contaminated. • Surface water management systems (e.g., detention ponds, stormwater conveyance systems, etc) located over waste -filled areas will need to be lined with a low permeability material and surface water infiltration should not be allowed within areas with groundwater contamination. • Underground utilities installed over waste -filled areas may need a gas barrier or ventilation system to prevent LFG from migrating along the utility corridor to onsite or offsite structures. Florida Department of Environmental Protection, Guidance for Disturbance and Use of Old Closed Landfills or Waste Disposal Areas in Florida, Version 2.1 (Final). February 201 L FR0766J[PR15007 14 2/24/2UIJ 326 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT BOARD MEMORANDUM 158a Date: February 20, 2015 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Service Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District )tip Subject: Solid Waste and Recyclables Collection Services RFP#2015023 — Timeline Update and Request for Public Workshop DESCRIPTIONS AND CONDITIONS: The Indian River County (IRC) Solid Waste Disposal District (SWDD) is responsible for providing for the collection, transportation, and disposal services for regulated solid waste in Unincorporated Indian River County as well as recycling services throughout Indian River County. Currently, these services are provided through exclusive residential and non-exclusive commercial Franchise Agreements with Republic Services of Florida, L.P. d/b/a Treasure Coast Refuse and Waste Management Inc. of Florida. These franchise agreements expire on September 30, 2015. On December 16, 2014, the SWDD Board approved the issuance of the Solid Waste & Recyclables Collection Services RFP#2015023. The RFP was published on January 6, 2015, a mandatory pre-bid meeting was held on January 21, 2015 and the bid opening was held on February 20, 2015. The purpose of this agenda is to provide the SWDD Board with a timeline update on the selection process and to request a public workshop to finalize the RFP process. ANALYSIS: RFP RESULTS: At 2:00 PM on February 20, 2015, the IRC Purchasing Department opened bids from the following Proposer's: 1. Advanced Disposal Services 2. Republic Services of Florida 3. Waste Pro of Florida 4. Waste Management Inc. of Florida EVALUATION CRITERIA: The selection review committee is comprised of the Utilities Director, the Budget Director and the SWDD Managing Director. Per the RFP evaluation process, the selection review committee is to evaluate the proposals on the following first three evaluation criteria: SWDD Agenda - Solid Waste and Recyclables Collection Services RFP No 2015023 - Page 1 of 2 327 Timeline Update and Request for Public Workshop Evaluation Criteria Maximum Evaluation Points Qualifications and References 15 Technical Proposal 15 Participation Growth Strategy 5 Financial Proposal 65 Total Points Possible 100 The Purchasing Manager will evaluate each Proposer's financial proposal for each scenario and service option. The financial proposal score is to be added to the selection review committee's ranking scores to determine the final ranking. RFP EVALUATION TIMELINE: The results of the RFP will be brought to the Board with a recommendation for award. The RFP included a draft franchise agreement which will expedite the process to RFP award. Based on some of the service options, there is a potential urgency in awarding the contract agreement(s) for the securing and delivering of carts and implementing an education campaign before the start of the new services on October 1, 2015. Due to the complexity of the service options, staff proposes a two -prong approach to RFP award. First, staff recommends an RFP summary / evaluation agenda item be brought to the Board on Tuesday, March 17, 2015 for presentation / informational purposes only with no voting by the Board. Second, staff is requesting a Special Call Meeting be held to obtain public input before a final vote by the Board. The three proposed options are: a) Wednesday, March 18, 2015 at 9:00 am b) Tuesday, March 24, 2015 at 3:00 pm and c) Wednesday, March 25, 2015 at 9:00 am. Also, as part of this process, staff is requesting approval to pass out "Decision Time!" informational cards to our subscription customers and at all of the Customer Convenience Centers (CCC's) as well as press releases inviting the public to participate in the public workshop process. RECOMMENDATION: Staff recommends the following options for the SWDD Board to consider: 1. Approval for an RFP#2015023 Summary Presentation Only with no voting by the Board on Tuesday, March 17, 2015. 2. Approval for a Special Call Meeting on one of the following three days: a) Wednesday, March 18, 2015 at 9:00 am; b) Tuesday, March 24, 2015 at 3:00 pm; or c) Wednesday, March 25, 2015 at 9:00 am with a vote by the Board after obtaining public input. 3. Authorization to pass out "Decision Time!" informational cards to our subscription customers and at all of the CCC's as well as press releases inviting the public to participate in the public workshop process. APPROVED FOR AGENDA: By 1 Josep A. Baird, County Administrator Date Indian River Co. Approved Date Administration qV16( j Legal Budget SWDD 4J ZS SWDD -Finance Purchasing SWDD Agenda - Solid Waste and Recyclables Collection Services RFP No 2015023 - Page 2 of 2 Timeline Update and Request for Public Workshop 328 3/4/2015 3-3-2-615 150.1. ,3ZQ' 1 Brief Site History 2015 2014 Second phase of redevelopment First phase of redevelopment assessment a 1994-2014 assessmentwith funded by County, Assessment and TCRPC grant 1960-11977 source removal fundingi Active landlilt GpMplete," W :. Operations "niioingO��•, v engineers scientists I innovators 3/4/2015 3-3-2-615 150.1. ,3ZQ' 1 ,eos ,m c° Redevelopment Assessment Activities • Two phases of assessment on County -owned parcel — TCRPC funded Brownfields Assessment with federal grant for northern portion — County funded assessment for southern portion • Assessment was focused on better understanding Site conditions to ensure that the Site is redeveloped safely for public use • Separate from ongoing groundwater monitoring and remediation activities wgm—s I scientists I innovators Summ • Same activities completed across County -owned portion (55 acres) in two phases. • Collected 90 soil samples from 45 locations within the top 2 ft of soil. • Analyzed soil samples for a broad chemical list. • Dug 10 pits to evaluate thickness of cover soils (17 were completed in 2008). • Evaluated gas from 13 sampling points beneath ground surface. '.Mv.1e»��:. fM1YeR »:s4sid.Mm+w�Af tleMYe' X1wv?.a.�.va.'N. raw sMda vnxpsMx WwIN+M�xM?K� Life foi Closed Landfill Sivl, 3/4/2015 32-$-2 Assessme.ntf- in., in -cis • The Site is appropriate for development for recreational or�k,, community use, with proper consideration to site engineering and design. • Site conditions are typical of conditions expected at a closed landfill site of similar age and composition. Assessme • Soils — 2 chemicals were found in 3 locations above default state screening levels, but within levels consistent with urban background. — These areas will be further evaluated during site engineering/planning. • Cover — Most of the site has at least 2 ft of cover over the landfill waste. — Future redevelopment will require that cover is protective of human health. — This may include a 2 ft thick soil cover, or an alternative cover (asphalt paving or a geotextile with 1 ft of cover soils). • Landfill Gas — Gas composition typical of closed landfills (methane and CO2). — Not a current health concern (because there are no closed structures) and will not be a future health concern for open areas. — Redevelopment plans may need to consider engineering controls to address potential migration of landfill gas from subsurface to onsite structures (in enclosed areas). ,ientmts I inn -at - 3/4/2015 528' 3 lec, Assessment Locat - --- A F � � rt..ii4 ACY A.w L4 9iobc 4 �Wyva Pe:�MSbrs6r,2t:i:.. � Scs Asx &arM`i. ism�vw� •••• fiC<A'MYoAUutlimHd MBA;'S�24^a', �Eordibrdm: Ai"ywhiy�aa+..: .— wraa�ssaes*ua engineers I scientists I nnovators Geosywec FDEP Preference "Some creative alternate uses of closed landfills and old disposal areas have been implemented in recent years. One very successful use is the creation of recreational facilities. Facilities such as ball parks, soccer fields, hiking trails, golf courses and golf driving ranges appear to be acceptable and successful land uses for these old sites. The Department prefers these types of uses be selected for an old site rather than the construction of structures such as residential housing or educational facilities." Excerpt from Section 6.2 FDEP's Guidance for Disturbance and Use of Old Closed Landfills or Waste Disposal Areas in Florida - Version 2.1 (Final) February 3, 2011 engineers I scientists I innovators 3/4/2015 328.4 3/4/2015 wosyntec Beneficial Re -Use of Closed Landfills • FDEP reports over 50 successful former landfill redevelopment projects in FL, including: Com m ercial/I nd u strial Recreational — ball fields (baseball, soccer, etc.) Educational — renewable energy demonstration area, butterfly gardens, eco -friendly, community gardens, nature trails Development of renewable energy (solar, wind, biodiesel) eng7naers � sciantists � innovators Geosytitec Next Steps • Staff recommends the following options for the SWDD Board to consider: — get community input and support for redevelopment planning; — meet with the FDEP and TCRPC to discuss the permitting requirements and funding opportunities for moving forward with site redevelopment planning and engineering; — develop recreational options and opportunities through a planned engineering project; — obtain proposals for land clearing followed by a topographic survey of the County -owned 55 acres of the Former Gifford Road Landfill site; and — obtain proposals to add soil cover material, as needed, so the entire County -owned 55 acres of the Former Gifford Road Landfill site has at least two feet of cover using the site topographic survey and/or evaluate an alternative cover system. engineers I scientists I innovators 5 Ae i~ You Are Invited! WHAT: Garbage & Recycling Options WHEN: March , 2015; TIME: WHERE: Administration Building A Commission Chambers, 1801 27th Street WHY: 1. Dual -Stream vs. Single Stream Recycling? 2. One Service Area or Two Service Areas? 3. Once -A -Week or Twice -A -Week Garbage? 4. Subscription or on Annual Tax Bill? 5. County vs. Hauler Purchasing Carts? 6. Impact on Customer Convenience Centers? Be apart of this important process! For more information, please call 772-770-5112 321-5