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HomeMy WebLinkAbout03/05/2013 (3) 74 March 5, 2013 �..- INFORMATIONAL ITEMS INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM To: Members of the Board of County Commissioners Date: February 25, 2013 Subject: Resignation of Albert Tetreault to the Vero Lake Estates Municipal Service Taxing Unit Advisory Committee (VLE MSTU AC) From: Misty L. Pursel, Commissioner Assistant Mr. Al Tetreault has tendered his resignation, effective immediately, from the VLE MSTU AC. Anyone interested in serving on the VLE MSTU AC and meets the requirements will need to submit an application and resume to Misty L, Pursel at the Board of County Commissioners Office, County Administration Building A, 1801 27" Street, Vero Beach, FL 32960. Applications can be accessed on-line at www.ircgov.com/boards/committee applications or the Board of County Commissioner's Office. Attachment: Emailed Resignation From: Al Tetreault [mailto:atetreault()bellsouth.net] Sent: Tuesday, February 19, 2013 7:02 PM To: AI T; Allen Green; howflynow@bellsouth.net; jwcatmom(obellsouth.net; mwehr5587@att.net; steve32967 comcast.net; teunie460)gmail.com Cc: Sue Thomasson Subject: resigning Effective immediately, I am,resigning from the committee. I hope that you can find a replacement to fill my position before the next meeting. I see that you only need 4 members to conduct a forum. I believe that the county is willing to work with us, however I can see that our efforts will not be appreciated by some even though we have been given the power to make the decision to get the project started. Good luck and I hope our neighborhood can be a better place to live if we get some of the improvements we all wish for. Al T. 2 6 February 27, 2013 INFORMATIONAL ITEMS INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM To: Members of the Board of County Commissioners Date: February 27, 2013 Subject: Appointment of FACA Representative to the Transportation Disadvantaged Local Coordinating Board From: Misty L. Pursel, Commissioner Assistant Mr. Leonard Edwards, Florida Association Community Action (FACA) Representative, has been appointed, effective immediately, from the Transportation Disadvantaged Local Coordinating Board. Attachment: Email 3 Misty Pursel r10m: Sharon Schalm nt: Wednesday, February 27, 2013 3:13 PM '*To: Phil Matson Cc: Misty Purse] Subject: Sue Rux replacement Hi Phil, Leonard Edwards is replacing Sue Rux on the TDLCB Board. He will not be able to attend the meeting tomorrow but will try to send an alternate to represent the EOC. Best Regards, s4aron'Sermfm Indian River County Metropolitan Planning Organization (MPO) Staff Assistant III County Administration Building A 1801 27th Street Vero Beach, FL 32960 Phone: (772) 226-1672 Fax: (772) 978-1806 sschalm@ircgov.com www.ircgov.com 1 4 v A JEFFREY R. SMITH Clerk of Circuit Court and Comptroller 1 801 27TH Street �ZOR1pA Vero Beach, Florida 32961 -1028 Telephone (772) 226-1945 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS DATE: February 14, 2013 SUBJECT: APPROVAL OF WARRANTS February 8, 2013 to February 14, 2013 FROM: DIANE BERNARDO - FINANCE DIRECTOR 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 8, 2013 to February 14, 2013. Attachment: DB: MS NOW 5 CHECKS WRITTEN CHECK NBR CK DATE VENDOR AMOUNT 294783 2/13/2013 ILLINOIS STATE DISBURSEMENT UNIT 142.32 294784 2/13/2013 INTERNAL REVENUE SERVICE 50.00 294785 2/13/2013 CHAPTER 13 TRUSTEE 277.30 294786 2/13/2013 IRC FIRE FIGHTERS ASSOC 6,210.00 294787 2/13/2013 UNITED WAY OF INDIAN RIVER COUNTY 932.44 294788 2/13/2013 MISDU MICHIGAN STATE 445.75 294789 2/13/2013 ADMIN FOR CHILD SUPPORT ENFORCEMENT 203.51 294790 2/13/2013 ADMIN FOR CHILD SUPPORT ENFORCEMENT 206.27 294791 2/13/2013 ADMIN FOR CHILD SUPPORT ENFORCEMENT 115.09 294792 2/13/2013 ECMC 70.40 294793 2/14/2013 PORT CONSOLIDATED INC 2,347.11 294794 2/14/2013 JORDAN MOWER INC 1,806.00 294795 2/14/2013 ROBINSON EQUIPMENT COMPANY INC 1,387.53 294796 2/14/2013 TEN-8 FIRE EQUIPMENT INC 41.64 294797 2/14/2013 RANGER CONSTRUCTION IND INC 375.05 294798 2/14/2013 VERO CHEMICAL DISTRIBUTORS INC 444.60 294799 2/14/2013 COPYCO INC DBA 61.39 294800 2/14/2013 VELDE FORD INC 860.67 294801 2/14/2013 AT&T WIRELESS 738.23 294802 2/14/2013 E-Z BREW COFFEE,&BOTTLE WATER SVC 11.48 294803 2/14/2013 GRAINGER 632.85 294804 2/14/2013 KELLY TRACTOR CO 66,719.78 294805 2/14/2013 AMERIGAS EAGLE PROPANE LP 168.85 294806 2/14/2013 DAILY COURIER SERVICE 1,624.00 294807 2/14/2013 AKZO NOBEL COATINGS INC 472.16 294808 2/14/2013 MARK W HILL DBA 38.00 294809 2/14/2013 KSM ENGINEERING&TESTING INC 258.00 294810 2/14/2013 HD SUPPLY WATERWORKS,LTD 8,133.67 294811 2/14/2013 BOUND TREE MEDICAL 997.80 `ow 294812 2/14/2013 EAST COAST MILLING TURTLE LLC 9,500.00 294813 2/14/2013 VERO INDUSTRIAL SUPPLY INC 12.21 294814 2/14/2013 PROFORMA IMAGING 77.17 294815 2/14/2013 FLORIDA VETERINARY LEAGUE 107.00 294816 2/14/2013 TIRESOLES OF BROWARD INC 1,998.43 294817 2/14/2013 CARTER ASSOCIATES INC 677.03 294818 2/14/2013 NEWMANS POWER SYSTEMS 401.35 294819 2/14/2013 DELL MARKETING LP 8,397.88 294820 2/14/2013 CAMPANA REALTY INC 230.67 294821 2/14/2013 XEROX CORP SUPPLIES 513.02 294822 2/14/2013 GENERAL PART INC 654.79 294823 2/14/2013 BAKER&TAYLOR INC 1,525.26 294824 2/14/2013 GROVE WELDERS INC 85.72 294825 2/14/2013 LOWES CO INC 1,485.79 294826 2/14/2013 MWI CORP 749.33 294827 2/14/2013 K&M ELECTRIC SUPPLY 453.20 294828 2/14/2013 PALM TRUCK CENTERS INC 642.88 294829 2/14/2013 SUNSHINE REHABILATION CENTER OF IRC INC 15.00 294830 2/14/2013 CLERK OF CIRCUIT COURT 118.17 294831 2/14/2013 CLERK OF CIRCUIT COURT 3,984.07 294832 2/14/2013 INDIAN RIVER COUNTY HEALTH DEPT 13,695.75 294833 2/14/2013 CITY OF VERO BEACH 33,640.65 294834 2/14/2013 LSQ FUNDING GROUP L C 2,513.54 294835 2/14/2013 INDIAN RIVER COUNTY SHERIFF 2,671.25 294836 2/14/2013 LIVINGSTON PAGE 72.00 294837 2/14/2013 JANITORIAL DEPOT OF AMERICA INC 1,547.18 294838 2/14/2013 HENRY A FISCHER 2,612.00 °`- 294839 2/14/2013 HENRY FISCHER&SONS INC 32,865.36 294840 2/14/2013 INDIAN RIVER COUNTY UTILITIES 35,852.45 1 6 CHECK NBR CK DATE VENDOR AMOUNT 294841 2/14/2013 EXCHANGE CLUB CASTLE 4,442.65 294842 2/14/2013 DUMONT COMPANY INC 1,389.50 294843 2/14/2013 IRC CHAMBER OF COMMERCE 43,008.08 294844 2/14/2013 ST JOHNS RIVER WATER MGMT DISTRICT 100.00 294845 2/14/2013 FEDERAL EXPRESS 23.70 294846 2/14/2013 FEDERAL EXPRESS 33.73 294847 2/14/2013 DUNKELBERGER ENGINEERING&TESTING 6,689.00 294848 2/14/2013 PERKINS INDIAN RIVER PHARMACY 78.81 294849 2/14/2013 PERKINS INDIAN RIVER PHARMACY 1,009.00 294850 2/14/2013 SIEMENS INDUSTRY INC 685.60 294851 2/14/2013 CALLAWAY GOLF SALES COMPANY 840.50 294852 2/14/2013 SUBSTANCE AWARENESS COUNCIL OF IRC INC 1,160.00 294853 2/14/2013 FLORIDA POWER AND LIGHT 51,131.19 294854 2/14/2013 FLORIDA POWER AND LIGHT 1,914.88 294855 2/14/2013 FLORIDA POWER AND LIGHT 274.24 294856 2/14/2013 INDIAN RIVER COUNTY TAX COLLECTOR 51.35 294857 2/14/2013 INDIAN RIVER COUNTY TAX COLLECTOR 65.13 294858 2/14/2013 PHILLIP J MATSON 92.24 294859 2/14/2013 CITY OF FELLSMERE 167.24 294860 2/14/2013 KENNY CAMPBELL SENIOR 160.00 294861 2/14/2013 HOLDEN KRISS 35.00 294862 2/14/2013 COMMUNITY ASPHALT CORP 60,056.33 294863 2/14/2013 GOVERNMENT FINANCE OFFICERS ASSOC 150.00 294864 2/14/2013 HOMELESS FAMILY CENTER INC 1,604.26 294865 2/14/2013 TREASURE COAST SPORTS COMMISSION INC 14,626.30 294866 2/14/2013 ROONEY&ROONEY PA 6,289.27 294867 2/14/2013 BELANAGY 107.14 294868 2/14/2013 GERALD A YOUNG SR 120.00 294869 2/14/2013 EBSCO PUBLISHING INC 195.00 294870 2/14/2013 HENRY SMITH 180.00 294871 2/14/2013 WRITERS INSTITUTE INC 23.90 294872 2/14/2013 MIZUNO USA INC 306.72 294873 2/14/2013 ALAN C KAUFFMANN 40.00 294874 2/14/2013 PETTY CASH 30.96 294875 2/14/2013 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 117.00 294876 2/14/2013 FLORIDA WATER RESOURCES JOURNAL INC 180.00 294877 2/14/2013 BANK OF NEW YORK 1,975.00 294878 2/14/2013 ELXSI INC 5,248.76 294879 2/14/2013 LINDSEY MATHENY 80.00 294880 2/14/2013 TIM GEIB 120.00 294881 2/14/2013 DONADIO AND ASSOCIATES ARCHITECTS 7,274.52 294882 2/14/2013 C&C ELECTRIC WORKS INC 1,778.00 294883 2/14/2013 WILLIAM K DEBRAAL 582.71 294884 2/14/2013 SOUTHERN PLUMBING INC 180.00 294885 2/14/2013 PROCTOR CONSTRUCTION CO,INC 9,713.70 294886 2/14/2013 RUSSELL PAYNE INC 463.89 294887 2/14/2013 CELICO PARTNERSHIP 1,760.44 294888 2/14/2013 AARON LEVY 22.82 294889 2/14/2013 CONTROL SYSTEMS DESIGN INC 2,000.00 294890 2/14/2013 VAN WAL INC 298.00 294891 2/14/2013 JOSEPH W VASQUEZ 36.00 294892 2/14/2013 POLISH AMERICAN SOCIAL CLUB 950.00 294893 2/14/2013 SHERWIN WILLIAMS CO 743.99 294894 2/14/2013 AMALIE HENNECH 300.00 294895 2/14/2013 MASTELLER&MOLER INC 11,984.80 294896 2/14/2013 ETR LLC 519.07 294897 2/14/2013 BEACHLAND CLEANING SERVICE 837.00 294898 2/14/2013 GLOVER OIL COMPANY INC 139,640.91 294899 2/14/2013 STANLEY CONSULTANTS INC 19,483.65 294900 2/14/2013 LARRY STEPHEN FAISON 40.00 2 7 CHECK NBR CK DATE VENDOR AMOUNT 294901 2/14/2013 JOHN DEERE LANDSCAPE 738.78 294902 2/14/2013 JOSE RIVERA 80.00 294903 2/14/2013 HECK ENTERPRISES OF BREVARD INC 50,420.00 294904 2/14/2013 METRO FIRE PROTECTION SERVICES INC 402.95 294905 2/14/2013 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 1,751.46 294906 2/14/2013 INTERACT PUBLIC SAFETY SYSTEMS 497.00 294907 2/14/2013 KENNY CAMPBELL JR 120.00 294908 2/14/2013 COMMUNICATIONS BROKERS&CONSULTANTS INC 7.20 294909 2/14/2013 HIBU INC 237.00 294910 2/14/2013 BRIAN WYKOFF 100.00 294911 2/14/2013 JOHNNY B SMITH 144.00 294912 2/14/2013 DANE MACDONALD 162.00 294913 2/14/2013 DUPERON CORPORATION 1,100.75 294914 2/14/2013 CHARLES A WALKER 80.00 294915 2/14/2013 POLICASTRO&LEROUX PA 9,284.11 294916 2/14/2013 GERRY SMITH 126.00 294917 2/14/2013 UP TO CODE INC 9,276.00 294918 2/14/2013 CEMEX 4,424.11 294919 2/14/2013 DANIEL IOFFREDO 60.00 294920 2/14/2013 SEAN WALSH 466.40 294921 2/14/2013 LUCILENE SANTOS 240.00 294922 2/14/2013 BENNETT AUTO SUPPLY INC 319.57 294923 2/14/2013 YVONNE CAMPBELL 73.58 294924 2/14/2013 K'S COMMERCIAL CLEANING 850.00 294925 2/14/2013 CUSTOM PRODUCTS CORPORATION 3,948.00 294926 2/14/2013 EQ THE ENVIRONMENTAL QUALITY COMPANY 6,363.36 294927 2/14/2013 THE SPIVEY GROUP INC 1,012.50 294928 2/14/2013 SEASIDE LANDSCAPES INC 450.00 294929 2/14/2013 SANDYARACENA 120.00 294930 2/14/2013 LARIAT ENTERPRISES INC 370.11 294931 2/14/2013 VERA SMITH 72.00 294932 2/14/2013 RANGE SERVANT AMERICA INC 139.94 294933 2/14/2013 BETHANY COFRESI 43.58 294934 2/14/2013 ALMM LLC 900.00 294935 2/14/2013 KELLY COLLINS&GENTRY INC 4,390.00 294936 2/14/2013 MDT PERSONNEL LLC 9,231.26 294937 2/14/2013 KEMPER BUSINESS SYSTEMS 9.05 294938 2/14/2013 STEVEN A ABBOND 40.00 294939 2/14/2013 WHITE DIRECTORY PUBLISHERS DIV OF HEARST CON 122.00 294940 2/14/2013 MURPHY&WALKER P L 5,248.45 294941 2/14/2013 AUBREY SOLOMON 400.00 294942 2/14/2013 PACE ANALYTICAL SERVICES INC 3,272.30 294943 2/14/2013 DELRAY MOTORS 355.00 294944 2/14/2013 DEPT OF HWY SAFETY&MOTOR VEHICLES 20.00 294945 2/14/2013 RAYMOND J DUCHEMIN 100.00 294946 2/14/2013 AMERICAN RED CROSS&ITS CONSTITUENT CHAPTE] 75.00 294947 2/14/2013 NATIONAL CINEMEDIA LLC 550.00 294948 2/14/2013 SARA L MATHEWS 250.00 294949 2/14/2013 ELAINE KANE 150.00 294950 2/14/2013 STEPHENS PIPE&STEEL LLC 10,435.03 294951 2/14/2013 JACQUELINE PATSCHE 36.00 294952 2/14/2013 TREE TOPS OF THE TREASURE COAST LLC 3,570.00 294953 2/14/2013 NETBOSS TECHNOLOGIES INC 89,666.57 294954 2/14/2013 ANYTHING UNDER THE STARS INC 400.00 294955 2/14/2013 KEITH GROCHOLL 100.00 294956 2/14/2013 MELINDA LOW PAMPALLONA 90.00 294957 2/14/2013 GFA INTERNATIONAL INC 470.00 294958 2/14/2013 WRIGHT EXPRESS FSC 19,580.72 w..- 294959 2/14/2013 COMCAST SPOTLIGHT 117.00 294960 2/14/2013 JOSHUA GHIZ 1,526.94 3 8 CHECK NBR CK DATE VENDOR AMOUNT 294961 2/14/2013 BETHANY BURT 210.00 294962 2/14/2013 LEE DINENBERG 120.00 294963 2/14/2013 CENTRAL FLORIDA GOLF CARS INC 185.16 294964 2/14/2013 JORDAN S BURR 192.00 294965 2/14/2013 EASY PICKER GOLF PRODUCTS INC 2,112.95 294966 2/14/2013 TOMMY HARRINGTON 90.00 294967 2/14/2013 SHAWN GINN 40.00 294968 2/14/2013 CHRISTOPHER LEE MERRITT 40.00 294969 2/14/2013 TAMATHA R TORRES 240.00 294970 2/14/2013 JEFFREY ZINMAN 23.92 294971 2/14/2013 ANNY CLAEYS 27.12 294972 2/14/2013 JOHN MERCHANT 31.78 294973 2/14/2013 BARBARA DIETZ 31.78 294974 2/14/2013 DONNA GAROFALO 10.10 294975 2/14/2013 NORTHERN TRUST COMPANY 121.92 294976 2/14/2013 MICHAEL PISARSKI 22.87 294977 2/14/2013 KIM JONES 2.05 294978 2/14/2013 ST PETERS ACADEMY 2,011.55 294979 2/14/2013 CYNTHIA MCBRIDE 305.70 294980 2/14/2013 UT REFUNDS 63.78 294981 2/14/2013 UT REFUNDS 29.00 294982 2/14/2013 UT REFUNDS 2828 294983 2/14/2013 UT REFUNDS 62.86 294984 2/14/2013 UT REFUNDS 7.79 294985 2/14/2013 UT REFUNDS 68.22 294986 2/14/2013 UT REFUNDS 35.94 294987 2/14/2013 UT REFUNDS 31.08 294988 2/14/2013 UT REFUNDS 68.22 294989 2/14/2013 UT REFUNDS 133.81 294990 2/14/2013 UT REFUNDS 167.21 294991 2/14/2013 UT REFUNDS 11.58 294992 2/14/2013 UT REFUNDS 40.41 294993 2/14/2013 UT REFUNDS 11.69 294994 2/14/2013 UT REFUNDS 37.43 294995 2/14/2013 UT REFUNDS 36.94 294996 2/14/2013 UT REFUNDS 69.60 294997 2/14/2013 UT REFUNDS 11.69 294998 2/14/2013 UT REFUNDS 71.76 294999 2/14/2013 UT REFUNDS 10.12 295000 2/14/2013 UT REFUNDS 21.33 295001 2/14/2013 UT REFUNDS 13.80 295002 2/14/2013 UT REFUNDS 36.94 295003 2/14/2013 UT REFUNDS 24.24 295004 2/14/2013 UT REFUNDS 15.11 295005 2/14/2013 UT REFUNDS 47.16 295006 2/14/2013 UT REFUNDS 11.97 295007 2/14/2013 UT REFUNDS 73.58 295008 2/14/2013 UT REFUNDS 51.90 295009 2/14/2013 UT REFUNDS 23.15 295010 2/14/2013 UT REFUNDS 32.79 295011 2/14/2013 UT REFUNDS 23.82 295012 2/14/2013 UT REFUNDS 66.40 295013 2/14/2013 UT REFUNDS 28.48 295014 2/14/2013 UT REFUNDS 19.11 295015 2/14/2013 UT REFUNDS 14.99 295016 2/14/2013 UT REFUNDS 2.46 295017 2/14/2013 UT REFUNDS 73.67 295018 2/14/2013 UT REFUNDS 25.48 �- 295019 2/14/2013 UT REFUNDS 14.52 295020 2/14/2013 UT REFUNDS 34.39 4 g CHECK NBR CK DATE VENDOR AMOUNT 295021 2/14/2013 UT REFUNDS 73.58 295022 2/14/2013 UT REFUNDS 28.28 295023 2/14/2013 UT REFUNDS 2.10 295024 2/14/2013 UT REFUNDS 60.81 295025 2/14/2013 UT REFUNDS 25.82 295026 2/14/2013 UT REFUNDS 9.16 295027 2/14/2013 UT REFUNDS 70.39 295028 2/14/2013 UT REFUNDS 77.13 Grand Total: 908,687.61 5 10 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 2293 2/8/2013 CDM SMITH INC 3,220.71 2294 2/8/2013 IRS-PAYROLL TAXES 15,776.63 2295 2/8/2013 JMC SERVICES INC 41,853.85 2296 2/8/2013 SHORE TO SHORE TITLE INC 50,435.16 2297 2/8/2013 OAK RIDGE TITLE INC 71,327.63 2298 2/8/2013 : SHUMAKER LOOP&KENDRICK LLP 16,000.00 2299 2/12/2013 BENEFITS WORKSHOP 9,311.59 2300 2/12/2013 BENEFITS WORKSHOP 503.14 2301 2/13/2013 J ATWOOD TAYLOR 111 20,000.00 Grand Total: 228,428.71 1 11 ELECTRONIC PAYMENT - VISA CARD TRANS.NBR DATE VENDOR AMOUNT 1000878 2/8/2013 WASTE MANAGEMENT INC 77,943.39 1000879 2/11/2013 EVERGLADES FARM EQUIPMENT CO INC 165.17 1000880 2/11/2013 PARKS RENTAL&SALES INC 369.75 1000881 2/11/2013 PRAXAIR DISTRIBUTION SOUTHEAST LLC 1,023.06 1000882 2/11/2013 HENRY SCHEIN INC 3,599.45 1000883 2/11/2013 INDIAN RIVER BATTERY 254.85 1000884 2/11/2013 INDIAN RIVER OXYGEN INC 73.75 1000885 2/11/2013 DAVIDSON TITLES INC 1,203.11 1000886 2/11/2013 SMITH BROTHERS CONTRACTING EQUIP 3,555.50 1000887 2/11/2013 ARAMARK UNIFORM&CAREER APPAREL LLC 417.91 1000888 2/11/2013 BRIDGESTONE GOLF INC 272.38 1000889 2/11/2013 SOUTHERN JANITOR SUPPLY INC 1,179.52 1000890 2/11/2013 CAPITAL OFFICE PRODUCTS 684.92 1000891 2/11/2013 L&L DISTRIBUTORS 16.96 1000892 2/11/2013 CCG SYSTEMS INC 6,999.00 1000893 2/11/2013 STAT MEDICAL DISPOSAL INC 130.00 1000894 2/12/2013 NORTH SOUTH SUPPLY INC 28.53 1000895 2/12/2013 INDIAN RIVER BATTERY 343.80 1000896 2/12/2013 APPLE INDUSTRIAL SUPPLY CO 168.03 1000897 2/12/2013 ABCO GARAGE DOOR CO INC 295.00 1000898 2/12/2013 ARAMARK UNIFORM&CAREER APPAREL LLC 19.44 1000899 2/12/2013 SCRIPPS TREASURE COAST PUBLISHING LLC 792.00 1000900 2/12/2013 AUTO PARTNERS LLC 116.90 1000901 2/12/2013 L&L DISTRIBUTORS 228.40 1000902 2/12/2013 S&S AUTO PARTS 145.08 1000903 2/13/2013 PRAXAIR DISTRIBUTION SOUTHEAST LLC 29.67 1000904 2/13/2013 AMERICAN CONCRETE INDUSTRIES INC 1,920.00 1000905 2/13/2013 ALLIED UNIVERSAL CORP 5,598.45 1000906 2/13/2013 ARAMARK UNIFORM&CAREER APPAREL LLC 387.53 1000907 2/13/2013 FERGUSON ENTERPRISES INC 2,310.67 1000908 2/13/2013 SCRIPPS TREASURE COAST PUBLISHING LLC 504.00 1000909 2/13/2013 POLYDYNE INC 2,576.00 1000910 2/13/2013 COMPLETE CLEANING SERVICE 1,552.50 1000911 2/13/2013 STAT MEDICAL DISPOSAL INC 220.00 1000912 2/13/2013 OFFICE DEPOT BSD CUSTOMER SVC 807.36 1000913 2/13/2013 WASTE MANAGEMENT INC 67.19 1000915 2/14/2013 EVERGLADES FARM EQUIPMENT CO INC 53.62 1000916 2/14/2013 PRAXAIR DISTRIBUTION SOUTHEAST LLC 371.44 1000917 2/14/2013 SAFETY PRODUCTS INC 138.14 1000918 2/14/2013 LIGHTSOURCE IMAGING SOLUTIONS LLC 4.62 1000919 2/14/2013 INDIAN RIVER BATTERY 145.55 1000920 2/14/2013 REPUBLIC SERVICES OF FLORIDA 212.00 1000921 2/14/2013 ARAMARK UNIFORM&CAREER APPAREL LLC 249.15 1000922 2/14/2013 SOUTHERN COMPUTER WAREHOUSE 348.63 1000923 2/14/2013 DEERE&COMPANY 1,918.80 1000924 2/14/2013 ESRI INC 395.00 1000925 2/14/2013 S& S AUTO PARTS 288.13 1000926 2/14/2013 HARRIS SANITATION INC 155,823.83 1000927 2/14/2013 AT&T 4,774.02 1000928 2/14/2013 OFFICE DEPOT BSD CUSTOMER SVC 1,175.32 1000929 2/14/2013 WHEELABRATOR RIDGE ENERGY INC 8,287.85 Grand Total: 290,185.37 1 12 4� G JEFFREY R. SMITH Clerk of Circuit Court and Comptroller �ZpRIpA 1801 27TH Street Vero Beach, Florida 32961 -1028 Telephone (772) 226-1945 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS DATE: February 21, 2013 SUBJECT: APPROVAL OF WARRANTS February 15, 2013 to February 21, 2013 FROM: DIANE BERNARDO - FINANCE DIRECTOR 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 15, 2013 to February 21, 2013. Attachment: DB: MS 13 CHECKS W 1Z1TTEN CHECK NBR CK DATE VENDOR AMOUNT 295029 2/15/201: TEAMSTERS LOCAL UNION#769 5,202.00 295030 2/15/201: B/C B/S OF FL ADM FEE 159.96 295031 2/15/201: B/C B/S OF FL ADM FEE 9,544.28 295032 2/15/201: BLUE CROSS&BLUE SHIELD of FLORIDA 1,600.12 295033 2/15/201: STANDARD LIFE INSURANCE 699.00 295034 2/15/201: CORPORATE CARE WORKS 4.95 295035 2/15/201: CORPORATE CARE WORKS 295.35 295036 2/15/201: HIGHMARK STOP LOSS 58.26 295037 2/15/201: HIGHMARK STOP LOSS 3,476.18 295038 2/21/201: PORT CONSOLIDATED INC 1,351.33 295039 2/21/201: GUARDIAN EQUIPMENT INC 5,250.00 295040 2/21/201: STURGIS LUMBER&PLYWOOD CO 21.57 295041 2/21/201: FLORIDA DETROIT DIESEL ALLISON 1,764.40 295042 2/21/201: LENGEMANN CORP 699.00 295043 2/21/201: TEN-8 FIRE EQUIPMENT INC 1,192.33 295044 2/21/201: RANGER CONSTRUCTION IND INC 395,918.11 295045 2/21/201: VERO CHEMICAL DISTRIBUTORS INC 84.15 295046 2/21/201: RICOH USA INC 343.22 295047 2/21/201: CHISHOLM CORP OF VERO 439.50 295048 2/21/201: VELDE FORD INC 694.69 295049 2/21/201: STEWART MINING INDUSTRIES INC 353.82 295050 2/21/201: AT&T WIRELESS 88.59 295051 2/21/201: DATA FLOW SYSTEMS INC 7,033.35 295052 2/21/201: COLD AIR DISTRIBUTORS WAREHOUSE 96.74 295053 2/21/201: E-Z BREW COFFEE&BOTTLE WATER SVC 52.47 295054 2/21/201: GRAINGER 815.08 295055 2/21/201: KELLY TRACTOR CO 957.46 295056 2/21/201: DEMCOINC 441.23 295057 2/21/201: MY RECEPTIONIST INC 242.60 w 295058 2/21/201: AMERIGAS EAGLE PROPANE LP 47.30 295059 2/21/201: AMERIGAS EAGLE PROPANE LP 130.00 295060 2/21/201: AMERIGAS EAGLE PROPANE LP 130.00 295061 2/21/201: AMERIGAS EAGLE PROPANE LP 1,666.22 295062 2/21/201: GAYLORD BROTHERS INC 296.22 295063 2/21/201: INDIAN RIVER MEDICAL CENTER 484.79 295064 2/21/201. PHYSIO CONTROL INC 1,929.28 295065 2/21/201. KSM ENGINEERING&TESTING INC 1,075.00 295066 2/21/201: RELIABLE SEPTIC AND SERVICE 135.00 295067 2/21/201. HD SUPPLY WATERWORKS,LTD 13,478.07 295068 2/21/201: BOUND TREE MEDICAL 1,644.11 295069 2/21/201: PETES CONCRETE 2,075.00 295070 2/21/201. AMJ EQUIPMENT CORPORATION 31.80 295071 2/21/201: EGP INC 649.07 295072 2/21/201: VERO INDUSTRIAL SUPPLY INC 413.00 295073 2/21/201: SIGNAL GROUP INC 1,988.00 295074 2/21/201 EXPRESS REEL GRINDING INC 2,500.00 295075 2/21/201. TIRESOLES OF BROWARD INC 590.96 295076 2/21/201. BARTH CONSTRUCTION INC 48,730.63 295077 2/21/201. CARTER ASSOCIATES INC 100.55 295078 2/21/201: ARMFIELD WAGNER APPRAISAL AND RESEARCH INC 2,950.00 295079 2/21/201. DELL MARKETING LP 1,084.37 295080 2/21/201: XEROX CORP SUPPLIES 938.25 295081 2/21/201: GENERAL PART INC 1,219.59 295082 2/21/201. BAKER&TAYLOR INC 4,033.38 295083 2/21/201: BRANDTS APPLIANCE SERVICE INC 84.00 295084 2/21/201. MIDWEST TAPE LLC 128.65 295085 2/21/201: LOWES CO INC 11,373.62 295086 2/21/201. MICROMARKETING LLC 56.97 1 14 CHECK NBR CK DATE VENDOR AMOUNT 295087 2/21/201: K&M ELECTRIC SUPPLY 153.48 295088 2/21/201: CENGAGE LEARNING CORPORATION 59.96 295089 2/21/201: PALM TRUCK CENTERS INC 1,241.88 295090 2/21/201: GRACES LANDING LTD 573.70 'WO- 295091 2/21/201: RIVER PARK ASSOCIATES 1,306.00 295092 2/21/201: ST FRANCIS MANOR OF VERO BEACH 186.00 295093 2/21/201. INDIAN RIVER COUNTY HEALTH DEPT 2,233.00 295094 2/21/201: CITY OF VERO BEACH 64,344.59 295095 2/21/201: CITY OF VERO BEACH 271.96 295096 2/21/201: LSQ FUNDING GROUP L C 7,158.15 295097 2/21/201: INDIAN RIVER ALL FAB INC 664.00 295098 2/21/201: UNITED PARCEL SERVICE INC 10.63 295099 2/21/201: UNITED STATES POSTAL SERVICE 500.00 295100 2/21/201: LIVINGSTON PAGE 108.00 295101 2/21/201: JANITORIAL DEPOT OF AMERICA INC 329.42 295102 2/21/201: OMR CORP 1,150.00 295103 2/21/201: TREASURE COAST HOMELESS SERVICES 6,101.12 295104 2/21/201: PUBLIX SUPERMARKETS 64.81 295105 2/21/201: PUBLIX SUPERMARKETS 22.95 295106 2/21/201: AAA COOPER TRANSPORTATION INC 631.03 295107 2/21/201: ACUSHNET COMPANY 49.10 295108 2/21/201: AQUAGENIX 372.00 295109 2/21/201: DUMONT COMPANY INC 1.295.25 295110 2/21/201: WEST PUBLISHING CORPORATION 97.00 295111 2/21/201: FEDERAL EXPRESS 21.50 295112 2/21/201: HD SUPPLY FACILITIES MAINTENANCE LTD 1,363.66 295113 2/21/201: MUNICIPAL CODE CORPORATION 1,127.69 295114 2/21/201: SPRINT SPECTRUM LP 78.56 295115 2/21/201: CALLAWAY GOLF SALES COMPANY 592.10 295116 2/21/201: SUBSTANCE AWARENESS COUNCIL OF IRC INC 26,589.66 295117 2/21/201: FLORIDA POWER AND LIGHT 46,940.04 .,,., 295118 2/21/201: FLORIDA POWER AND LIGHT 366.27 295119 2/21/201: FLORIDA POWER AND LIGHT 4,500.71 295120 2/21/201: MIKE CLIFFORD 300.00 295121 2/21/201: THOMAS S LOWTHER FUNERAL HOME INC 850.00 295122 2/21/201: TAYLOR MADE GOLF CO INC 786.33 295123 2/21/201: BRE-CLEARWATER OWNER LLC 404.00 295124 2/21/201: BRE-CLEARWATER OWNER LLC 404.00 295125 2/21/201: GIFFORD YOUTH ACTIVITY CENTER INC 7,305.29 295126 2/21/201: STATE ATTORNEY 8,197.00 295127 2/21/201: L3 COMMUNICATIONS SECURITY& 102,008.78 295128 2/21/201: NEW HORIZONS OF THE TREASURE COAST 22,812.83 295129 2/21/201. KENNY CAMPBELL SENIOR 180.00 295130 2/21/201: GLOBAL GOLF SALES INC 82.16 295131 2/21/201: COMMUNITY ASPHALT CORP 142,863.11 295132 2/21/201: SUNSHINE STATE ONE CALL OF FL INC 775.24 295133 2/21/201. LANGUAGE LINE SERVICES INC 325.06 295134 2/21/201: TOCOMA RUBBER STAMP&MARKING SYSTEM 21.19 295135 2/21/201 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 2,000.00 295136 2/21/201: HOMELESS FAMILY CENTER INC 5,838.59 295137 2/21/201. COLLEEN D'ANGELO 175.00 295138 2/21/201. TROY FAIN INSURANCE INC 105.52 295139 2/21/201. TROY FAIN INSURANCE INC 105.52 295140 2/21/201. GERALD A YOUNG SR 120.00 295141 2/21/201. HENRY SMITH 108.00 295142 2/21/201: ALAN C KAUFFMANN 40.00 295143 2/21/201. G K ENVIRONMENTAL INC 2,539.75 295144 2/21/201: FLORIDA DEPT OF LAW ENFORCEMENT 408.00 ,Iftw 295145 2/21/201. CHILDRENS HOME SOCIETY OF FL 2,250.00 295146 2/21/201. JIM DEGRAFFENREID 150.00 15 CHECK NBR CK DATE VENDOR AMOUNT 295147 2/21/201: ADVANCED XEROGRAPHICS IMAGING 17,021.88 295148 2/21/201: LINDSEY MATHENY 40.00 295149 2/21/201: TIM GEIB 100.00 295150 2/21/201: BRIDGE DESIGN ASSOCIATES INC 8,785.13 ''ow- 295151 2/21/201: PINNACLE GROVE LTD 369.00 295152 2/21/201: MIDWEST MOTOR SUPPLY CO 535.00 295153 2/21/201: THE PALMS AT VERO BEACH 409.27 295154 2/21/201: RUSSELL PAYNE INC 440.16 295155 2/21/201: SAVE THE MOMENT 48.00 295156 2/21/201. CELICO PARTNERSHIP 272.27 295157 2/21/201: MICHAEL WYATT 350.00 295158 2/21/201: VAN WAL INC 661.00 295159 2/21/201: JOSEPH W VASQUEZ 54.00 295160 2/21/201: HYDROMENTIA 23,038.45 295161 2/21/201: SYNAGRO-WWT INC 73,993.50 295162 2/21/201: FLORIDA RURAL LEGAL SERVICES INC 1,666.56 295163 2/21/201: NATIONAL NOTARY ASSOCIATION 191.00 295164 2/21/201. RANDOM HOUSE INC 171.00 295165 2/21/201: TREASURE COAST RADIATOR&MARINE INC 1,996.00 295166 2/21/201: JOHNS EASTERN COMPANY INC 8,106.23 295167 2/21/201: OCLC ONLINE COMPUTER LIBRARY CENTER 375.75 295168 2/21/201: PAK MAIL CENTER 401.98 295169 2/21/201: ETR LLC 196.94 295170 2/21/201. AWERBACH&COHN PA 737.00 295171 2/21/201: PELICAN ISLES LP 799.00 295172 2/21/201: GLOVER OIL COMPANY INC 57,964.21 295173 2/21/201: RICHARD M HERREN 621.26 295174 2/21/201: LARRY STEPHEN FAISON 60.00 295175 2/21/201: JOHN DEERE LANDSCAPE 905.26 295176 2/21/201: OCV CONTROL VALVES 99.04 295177 2/21/201: JOSE RIVERA 60.00 .,. 295178 2/21/201: CAROLE J MADIGAN 2,500.50 295179 2/21/201: CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 112.26 295180 2/21/201: KENNY CAMPBELL JR 160.00 295181 2/21/201: D&S ENTERPRISES OF VERO BCH LLC 90.00 295182 2/21/201: SUNCOAST REALTY&RENTAL MANAGEMENT LLC 1,065.00 295183 2/21/201: DIVERSIFIED INSPECTIONS 3,236.00 295184 2/21/201: PETER OBRYAN 15.59 295185 2/21/201: PAK MAIL 62.00 295186 2/21/201: GERARD CHAMBERS DBA 475.00 295187 2/21/201: BRIAN WYKOFF 40.00 295188 2/21/201: AIRVAC INC 772.57 295189 2/21/201: SCNS INC 76.14 295190 2/21/201: JOHNNY B SMITH 108.00 295191 2/21/201: POWER-TEL UTILITY PRODUCTS INC 10,100.00 295192 2/21/201. SHELLEY NOWLIN 3.52 295193 2/21/201: CHARLES A WALKER 120.00 295194 2/21/201: CEMEX 611.23 295195 2/21/201: DANIEL IOFFREDO 40.00 295196 2/21/201: MPOAC INSTITUTE 250.00 295197 2/21/201. TERRI COLLINS LISTER 15.59 295198 2/21/201: SOUTHEAST SECURE SHREDDING 98.44 295199 2/21/201: BENNETT AUTO SUPPLY INC 123.43 295200 2/21/201: TREASURE COAST FOOD BANK INC 76.27 295201 2/21/201: MARINCO BIOASSAY LABORATORY INC 2,005.00 295202 2/21/201: K'S COMMERCIAL CLEANING 1,460.00 295203 2/21/201: ELECSYS INTERNATIONAL CORP 110.00 295204 2/21/201: ADETAYO ADELAKUN 31.03 295205 2/21/201: FOXCROFT EQUIPMENT AND SERVICE COMPANT LLC 452.19 295206 2/21/201: SANDY ARACENA 100.00 3 16 CHECK NBR CK DATE VENDOR AMOUNT 295207 2/21/201: VERA SMITH 36.00 295208 2/21/201: GLISSON&CO INC 1,190.00 295209 2/21/201: BRENNTAG MID-SOUTH INC 6,527.80 295210 2/21/201: WOERNER DEVELOPMENT INC 199.50 `NNW' 295211 2/21/201: MDT PERSONNEL LLC 4,388.00 295212 2/21/201: RADWELL INTERNATIONAL INC 554.85 295213 2/21/201: CAMACLEMADIERICH LLC 725.00 295214 2/21/201. FAMILY COUNSELING CENTER OF BREVARD INC 50.00 295215 2/21/201: BOULEVARD TIRE CENTER 2,354.29 295216 2/21/201: MAURICAA SEARS 50.00 295217 2/21/201: STEVENAABBOND 80.00 295218 2/21/201: JANCY PET BURIAL SERVICE INC 89.25 295219 2/21/201: DELRAY MOTORS 66.32 295220 2/21/201: AMERICAN SOLUTIONS FOR BUSINESS 500.50 295221 2/21/201. RAYMOND J DUCHEMIN 100.00 295222 2/21/201: VIDACARE CORPORATION 2,604.45 295223 2/21/201: RICOH PRINTING SYSTEMS AMERICA,INC 247.00 295224 2/21/201: KEITH GROCHOLL 40.00 295225 2/21/201: MANCILS TRACTOR SERVICE INC 400,044.74 295226 2/21/201: GFA INTERNATIONAL INC 780.00 295227 2/21/201: HAYES E GOVERNMENT RESOURCES INC 40.00 295228 2/21/201. M&T CROWE INC 360.00 295229 2/21/201: NEWSOM OIL COMPANY 912.08 295230 2/21/201: GENERAL CHEMICAL PERFORMANCE LLC 2,505.38 295231 2/21/201: GENERAL CHEMICAL PERFORMANCE LLC 5,013.75 295232 2/21/201: CLOSE CONSTRUCTION LLC 786,748.39 295233 2/21/201: TIM ZORC 261.01 295234 2/21/201: MANACE GONZALEZ JR 500.00 295235 2/21/201: JORDAN S BURR 128.00 295236 2/21/201: TAW ORLANDO SERVICE CENTER INC 1,680.85 295237 2/21/201: TOMMY HARRINGTON 54.00 .. 295238 2/21/201: SHAWN GINN 40.00 295239 2/21/201: CHRISTOPHER LEE MERRITT 40.00 295240 2/21/201: DOWNTOWN RESEARCH&DEVELOPMENT CENTER 97.45 295241 2/21/201: ASHLEY BROADHURST 169.82 295242 2/21/201: MICHAEL PIERCE 400.00 295243 2/21/201: UT REFUNDS 33.56 295244 2/21/201: UT REFUNDS 51.90 295245 2/21/201: UT REFUNDS 30.81 295246 2/21/201: UT REFUNDS 22.58 295247 2/21/201: UT REFUNDS 84.09 295248 2/21/201: UT REFUNDS 47.62 295249 2/21/201: UT REFUNDS 64.44 295250 2/21/201: UT REFUNDS 88.08 295251 2/21/201. UT REFUNDS 43.09 295252 2/21/201. UT REFUNDS 14.94 295253 2/21/201. UT REFUNDS 44.59 295254 2/21/201. UT REFUNDS 20.63 295255 2/21/201. UT REFUNDS 247.65 295256 2/21/201. UT REFUNDS 856.98 295257 2/21/201. UT REFUNDS 76.75 295258 2/21/201. UT REFUNDS 46.30 295259 2/21/201 UT REFUNDS 56.52 295260 2/21/201. UT REFUNDS 47.22 295261 2/21/201. UT REFUNDS 54.86 295262 2/21/201: UT REFUNDS 42.30 295263 2/21/201. UT REFUNDS 63.99 295264 2/21/201. UT REFUNDS 46.02 295265 2/21/201: UT REFUNDS 48.90 295266 2/21/201: UT REFUNDS 34.83 4 17 CHECK NBR CK DATE VENDOR AMOUNT 295267 2/21/201: UT REFUNDS 52.98 295268 2/21/201: UT REFUNDS 41.06 295269 2/21/201: UT REFUNDS 3.30 295270 2/21/201: UT REFUNDS 70.44 295271 2/21/201: UT REFUNDS 40.18 295272 2/21/201: UT REFUNDS 33.65 295273 2/21/201: UT REFUNDS 25.49 295274 2/21/201: UT REFUNDS 36.35 295275 2/21/201: UT REFUNDS 68.22 295276 2/21/201. UT REFUNDS 38.07 295277 2/21/201: UT REFUNDS 339.31 295278 2/21/201: UT REFUNDS 37.32 295279 2/21/201: UT REFUNDS 18.02 295280 2/21/201: UT REFUNDS 64.28 295281 2/21/201: UT REFUNDS 27.95 295282 2/21/201: UT REFUNDS 10.10 295283 2/21/201: UT REFUNDS 16.17 295284 2/21/201: UT REFUNDS 32.75 295285 2/21/201: UT REFUNDS 37.66 295286 2/21/201: UT REFUNDS 39.05 295287 2/21/201: UT REFUNDS 64.89 295288 2/21/201: UT REFUNDS 29.30 295289 2/21/201: UT REFUNDS 4.44 295290 2/21/201: UT REFUNDS 17.61 295291 2/21/201: UT REFUNDS 65.98 295292 2/21/201: UT REFUNDS 39.23 295293 2/21/201: UT REFUNDS 22.95 295294 2/21/201: UT REFUNDS 42.29 295295 2/21/201: UT REFUNDS 44.13 295296 2/21/201: UT REFUNDS 30.40 295297 2/21/201: UT REFUNDS 16.41 295298 2/21/201: UT REFUNDS 28.48 295299 2/21/201: UT REFUNDS 60.30 295300 2/21/201: UT REFUNDS 60.58 295301 2/21/201. UT REFUNDS 50.25 295302 2/21/201: UT REFUNDS 30.29 295303 2/21/201: UT REFUNDS 62.33 295304 2/21/201: UT REFUNDS 40.13 295305 2/21/201: UT REFUNDS 31.61 295306 2/21/201. UT REFUNDS 10.67 295307 2/21/201. UT REFUNDS 14.58 295308 2/21/201: UT REFUNDS 87.00 295309 2/21/201: UT REFUNDS 14.02 295310 2/21/201. UT REFUNDS 27.39 295311 2/21/201: UT REFUNDS 16.84 295312 2/21/201. UT REFUNDS 24.20 295313 2/21/201. UT REFUNDS 5.77 295314 2/21/201: UT REFUNDS 69.80 295315 2/21/201: UT REFUNDS 51.77 295316 2/21/201: UT REFUNDS 71.21 295317 2/21/201 UT REFUNDS 16.75 295318 2/21/201. UT REFUNDS 35.89 295319 2/21/201. UT REFUNDS 32.86 295320 2/21/201. UT REFUNDS 16.67 295321 2/21/201. UT REFUNDS 5022 Grand Total: 2,459,348.48 5 18 LLhU I KUNlU PAY NILN 1 - V INA UAKU TRANS.NBR DATE VENDOR AMOUNT 1000930 2/19/2013 EVERGLADES FARM EQUIPMENT CO INC 198.79 1000931 2/19/2013 CONTECH ENGINEERED SOLUTIONS LLC 282.42 w 1000932 2/19/2013 PRAXAIR DISTRIBUTION SOUTHEAST LLC 43.28 1000933 2/19/2013 COMMUNICATIONS INTERNATIONAL 193.00 1000934 2/19/2013 HENRY SCHEIN INC 8,941.20 1000935 2/19/2013 INDIAN RIVER BATTERY 276.75 1000936 2/19/2013 INDIAN RIVER OXYGEN INC 3,640.50 1000937 2/19/2013 RING POWER CORPORATION 3,500.00 1000938 2/19/2013 REPUBLIC SERVICES OF FLORIDA 230.76 1000939 2/19/2013 THE GALE GROUP 819.42 1000940 2/19/2013 DAVIDSON TITLES INC 1,661.95 1000941 2/19/2013 MIKES GARAGE&WRECKER SERVICE INC 60.00 1000942 2/19/2013 DAVES SPORTING GOODS&TROPHIES 99.00 1000943 2/19/2013 MEEKS PLUMBING INC 1,787.80 1000944 2/19/2013 ABCO GARAGE DOOR CO INC 295.00 1000945 2/19/2013 RECORDED BOOKS LLC 379.20 1000946 2/19/2013 ARAMARK UNIFORM&CAREER APPAREL LLC 376.02 1000947 2/19/2013 DEERE&COMPANY 275.05 1000948 2/19/2013 COMMUNITY ASPHALT CORP 791.52 1000949 2/19/2013 APPLE MACHINE&SUPPLY CO 668.57 1000950 2/19/2013 BARKER ELECTRIC,AIR CONDITIONING 2,636.00 1000951 2/19/2013 RECHTIEN INTERNATIONAL TRUCKS 656.01 1000952 2/19/2013 FLAGLER CONSTRUCTION EQUIPMENT LLC 7,082.28 1000953 2/19/2013 CAPITAL OFFICE PRODUCTS 718.66 1000954 2/19/2013 AUTO PARTNERS LLC 168.37 1000955 2/19/2013 TREASURE COAST SPRINKLERS INC 358.00 1000956 2/19/2013 L&L DISTRIBUTORS 754.44 1000957 2/19/2013 S& S AUTO PARTS 216.23 1000958 2/19/2013 EAST COAST ANIMAL MEDICAL CENTER 38.00 �..- 1000959 2/20/2013 INDIAN RIVER BATTERY 158.90 1000960 2/20/2013 DEERE&COMPANY 77.26 1000961 2/20/2013 CAPITAL OFFICE PRODUCTS 427.53 1000962 2/20/2013 ACM ENGINEERING&ENVIRONMENTAL SERVICES 950.00 1000963 2/20/2013 CON-AIR INDUSTRIES INC 850.80 1000964 2/20/2013 S&S AUTO PARTS 46.92 1000965 2/21/2013 PRAXAIR DISTRIBUTION SOUTHEAST LLC 28.64 1000966 2/21/2013 SSES INC DBA 59.50 1000967 2/21/2013 REPUBLIC SERVICES OF FLORIDA 46.64 1000968 2/21/2013 APPLE INDUSTRIAL SUPPLY CO 379.23 1000969 2/21/2013 ALLIED UNIVERSAL CORP 2,765.95 1000970 2/21/2013 ARAMARK UNIFORM&CAREER APPAREL LLC 703.70 1000971 2/21/2013 SOUTHERN COMPUTER WAREHOUSE 331.12 1000972 2/21/2013 SEBASTIAN OFFICE SUPPLY CO 800.00 1000973 2/21/2013 FERGUSON ENTERPRISES INC 9,054.61 1000974 2/21/2013 SCRIPPS TREASURE COAST PUBLISHING LLC 708.73 1000975 2/21/2013 SHRIEVE CHEMICAL CO 4,096.56 1000976 2/21/2013 CUMMINS POWER SOUTH LLC 1,597.08 1000977 2/21/2013 EAST COAST ANIMAL MEDICAL CENTER 288.00 1000978 2/21/2013 AT&T 12,479.34 1000979 2/21/2013 OFFICE DEPOT BSD CUSTOMER SVC 577.44 Grand Total: 73,576.17 1 19 hLEU l KUNIU FAY MEN l N - W WE & AUH TRANS NBR DATE VENDOR AMOUNT 2302 2/15/2013 KIMLEY HORN&ASSOC INC 43,667.40 2303 2/15/2013 ICMA RET CORP 1,635.00 "Wa- 2304 2/15/2013 NACO/SOUTHEAST 31,961.31 2305 2/15/2013 VETERANS COUNCIL OF I R C 6,452.87 2306 2/15/2013 ICMA RETIREMENT CORPORATION 11,889.38 2307 2/15/2013 FLORIDA LEAGUE OF CITIES, INC 35,340.05 2308 2/15/2013 NATIONWIDE SOLUTIONS RETIREMENT 145.83 2309 2/15/2013 BANK OF AMERICA 19,721.32 2310 2/15/2013 FL SDU 7,776.91 2311 2/15/2013 1 R C HEALTH INSURANCE-TRUST 46,615.12 2312 2/19/2013 IRS-PAYROLL TAXES 349,438.81 2313 2/19/2013 SCHOOL DISTRICT OF I R COUNTY 80,776.00 Grand Total: 635,420.00 20 IN O v PROCLAMATION HONORING TERRY L. SMITH ON HIS RETIREMENT FROM INDIAN RIVER COUNTYBOARD OF COUNTY COMMISSIONERS DEPARTMENT OF PUBLIC WORKS WHEREAS, Terry L. Smith, having served as Indian River County's Telecommunications Manager for sixteen years, is retiring effective February 28, 2013; and WHEREAS, Terry L. Smith began his employment on December 6, 1996, giving sixteen years of devoted service as Telecommunications Manager and continued in that capacity until his retirement; and WHEREAS, Terry L. Smith has served this County and the general public with distinction and selflessness that has been greatly admired by his.co- workers and much appreciated by his employer; I NOW, THEREFORE, BE IT PROCLAIMED that the Indian River County Board of County Commissioners observes the retirement of Terry L. Smith and, on behalf of the County staff and our citizens, expresses sincere appreciation for the dedicated service Terry L. Smith has provided for the last sixteen years; and the Board wishes to extend their heartfelt wishes for his success in future endeavors. Adopted this 5th day of March 2013. BOARD OF COUNTY COMMISSIONERS . INDIAN RIVER COUNTY, FLORIDA - Joseph E. Fleseher, Chairman J ~ewe-..�_,,,.�_.. �,_._��Y ��,,,.�►� �.�''..,,..� .�. _.,,,,,-.�-:�'�.. ' e tocertify that 9a Te"y Smith i5 here6y presented this f e e a a Aa aD +e e D D I , , ; D � d � a fy� for outstanding perfonnance / q jaithfuf ,^ I service to �a r Indian Wiver i I � County i 1 / / 1 CountyCommissioners I 11 9 i si#een years of service 71 �na i On this 28th Day 17 f of Te6ruary 7l k! ChristapherR. 1 r / 1 't ! n _ Vrector 1 I Works •I r D I CountyCommir, 1 , Chaiman . s ill �r �'' _ .:...._ `'- -."'. �' �r ♦ , • INDIAN RIVER COUNTY, FLORIDA MEMORANDUM Q� TO: Joseph A. Baird, County Administrator CC�� THROUGH: Christopher R. Mora, P.E., Public Works Directo al_- FROM: Christopher J. Kafer,Jr., P.E., County Engine SUBJECT: Release Retainage for Work Order No. 23 with Bridge Design Associates, Inc. for Bridge Construction Phase Services for Oslo Road Bridge over 43`d Avenue Ditch Indian River County Project No. 0533 DATE: February 19, 2013 DESCRIPTION AND CONDITIONS On September 4, 2010, the Board of County Commissioners approved Work Order No. 23 with Bridge Design Associates, Inc.to perform Construction Phase Services (Construction Engineering and Inspection (CEI) Services)for the Oslo Road Bridge over the 43`d Avenue Ditch for a lump sum amount of$7,902.80. Bridge Design Associates, Inc. has been paid$7,112.52 to date, with $790.28 held in retainage. The project has been completed and Bridge Design Associates, Inc. has submitted Invoice No. 08-505/R, dated November 6, 2012 in the amount of$790.28 for release of retainage. FUNDING Funding is approved and available from Traffic Impact Fees, District 3, Retainage Account Number 102- 206001-06018, Oslo Road — 27th Avenue to 43`d Avenue in the amount of$751.78 and from Secondary Roads/Gas Tax, Retainage Account No. 109-206003-06018 in the amount of$38.50 for a total of$790.28. RECOMMENDATIONS Staff recommends paymentof Bridge Design Associates,Inc.Invoice No.08-505/112,dated November 6,2012 in the amount of$790.28 for release of retainage. ATTACHMENTS Indian River County Ap roved Date Bridge Design Associates, Inc. Invoice No. 08-505/112 /a�r3 Administration DISTRIBUTION Budget 26 (3 Legal 7- (3 Bridge Design Associates, Inc. Public Works .' -.20-13 APPROVED AGENDA ITEM Engineering FOR March 5, 2013 �... By F:\Publie Works\ENGINEERING DIVISION PROJECTS\0533-Oslo Rd Phase R(43rd Ave to 27th Ave)\Admirn\agenda items\BCC Agenda Release Retainage WO No.23 02-19-13.doc 23 BRIDGE DESIGN ASSOCIATES, INC. CONSULTING ENGINEERS w.. BRIAN C.RHEAULT,P.E. Invoice President Bill To Indian River County 1800 27th Street Vero Beach, Florida 32960 Attn: Jill Williams Date Invoice# 11/6/2012 08-505/R2 Description Amount FOR ENGINEERING SERVICES ON: . 790.28 OSLO ROAD BRIDGE OVER 43RD AVENUE CANAL /ORK ORDER 23 Construction Contract Amount: $7,902.80 100% Complete: $7,902.80 RETAINAGE DUE: $790.28 `7 lease Mail All Correspondence To The Address Below Total $790.28 1402 Royal Palm Beach Boulevard • Building 200 • Royal Palm Beach, Florida 33411 A (561) 686-3660 • Fax: (5611 791-1995 4 g� INDIAN RIVER COUNTY vER PUBLIC WORKS DEPARTMENT cow STORMWATER DIVISION q 180127th STREET VERO BEACH, FLORIDA 32960 Phone: (772) 226-1562 ORW - CONSENT TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director CYv FROM: W. Keith McCully, P.E., Stormwater Engineer 0 SUBJECT: APPROVAL OF LICENSE AGREEMENT WITH VAN ERT, NEMOTO AND ASSOCIATES, LLC TO PERFORM RESEARCH AND ASSIST THE COUNTY IN VARIOUS STORMWATER TREATMENT RELATED EFFORTS AT EGRET MARSH STORMWATER PARK DATE: February 19, 2013 DESCRIPTION AND CONDITIONS The purpose of this Agenda Item is to request the County Commission approve a license agreement with Van Ert Nemoto and Associates (VEN), LLC for partnership at Egret Marsh Stormwater Park (Egret Marsh) to perform various research and testing activities on native aquatic plant species; assist the County with bagging and marketing algal compost product; and assist the County in fine tuning Egret Marsh's operations with respect to algae productivity during the dry season. VEN's president, Mr. Matthew Van Ert, PhD., recently performed research on Egret Marsh's algae for the Norwegian based oil company Statoil, investigating the algae's potential for biodiesel fuel production. The research and other work performed under the License Agreement will directly benefit the County and the Indian River Lagoon, enabling the County to remain a leader in innovative stormwater treatment and pollution removal technology. There will be no cost to the County for entering into this License Agreement with VEN. ANALYSIS Alternative No. 1 — Approve the License Agreement. Alternative No. 2 — Reject the License Agreement. F:\PublicW, rks\KeithM\Stormwater Projects\Egret Marsh Operation\Agenda Items\Agenda-Consent-License Agreement with VEN C6rttdoc ,F 25 Page 2 Egret Marsh Stormwater Park— License Agreement with VEN Consulting, LLC BCC Meeting — March 5, 2013 —CONSENT February 14, 2013 '140- FUNDING 1. No funds will be expended by the County as a result of this License Agreement. RECOMMENDATION Staff recommends the Board of County Commissioners: 1. Approve the License Agreement. ATTACHMENTS 1. License Agreement signed by Van Ert Nemoto and Associates, LLC (one copy). DISTRIBUTION 1. Christopher R. Mora, P.E., Public Works Director 2. County Attorney Office 3. Budget APPROVED AGENDA ITEM FOR March 5, 2013, 2012 Indian River County Approved Date B n , 13 Administration �' °�- 4, 1 Budget L �3 Legal '!1 Public Works Z;ZO—/� Stormwater Engineering 2—N-2013 F:\Public Works\KeithM\Stormwater Projects\Egret Marsh Operation\Agenda ItemsWgenda-Consent-License Agreement with VEN Consulting.doc 26 LICENSE AGREEMENT THIS LICENSE AGREEMENT, entered into this day of 2013, by and between the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA (the `County") and VAN ERT, NEMOTO AND ASSOCIATES, LLC, ("Licensee") a Florida-based, limited liability company with its principal place of business at 3032 Savannah Way #302, Melbourne, FL 32935. WITNESSETH: WHEREAS, the County is the owner of certain real property located in Indian River County, Florida, commonly known as Egret Marsh Stormwater Park ("Egret Marsh") located on the southeast corner of 4th Street and 74th Avenue; and WHEREAS, the Licensee desires to utilize 0.10 acres of Egret Marsh for purposes including, but not limited to, research, experimentation, and testing of certain native algae and aquatic plants located therein; and WHEREAS, preliminary research conducted by Licensee has suggested that certain uses of the aforementioned native algae and aquatic plants have the potential to produce positive and beneficial impacts to the local environment; and WHEREAS, Licensee agrees to assist the County in determining optimum supplemental nutrient dosing regimes that may lead to more efficient algal growth and greater pollutant reductions at the facility; and WHEREAS, Licensee agrees to assist the County in bagging finished compost product as well as assist the County in conducting research regarding certain aquatic plants for stormwater treatment; 1 27 NOW, THEREFORE, in consideration of the covenants herein contained, it is mutually agreed between the parties as follows: 1. Term. The Licensee is hereby granted a license to perform certain activitiesincluding, but not limited to, research, experimentation, and testing of certain native algae and aquatic plants within the designated 0.10 acre area of Egret Marsh for a period of five (5) years commencing from the date on which this License Agreement becomes effective. The Initial Term of this License Agreement shall begin on , 2013 and shall expire on , 2017. The Licensee may request a renewal of the License Agreement for an additional five (5) year term by submitting written notice to the County within ninety (90) calendar days prior to the expiration of this Initial Term. The County may grant a Renewal Term in its sole discretion. The parties may agree to alter certain time periods, locations, or other similar matters designated within this '•- License Agreement by amendment or modification. The County shall make the ultimate determination, in its sole discretion, as to whether this License Agreement may be renewed or whether any amendments or modifications to this License Agreement are appropriate. 2. Payments. In consideration of this Licensee Agreement, Licensee shall pay to the County a License Fee of two dollars ($2.00) for each year that the License Agreement remains effective for a combined total of ten dollars ($10.00). The Licensee shall pay the ten dollar ($10.00) License Fee to the County on or within twenty (20) calendar days of the execution of this License Agreement. It is anticipated that Licensee will assist the County in screening and bagging the compost produced from some or all of the algae grown at Egret Marsh on location, and 2 28 assist the County in attempting to sell all or some of the compost at the local retail outlets. All proceeds collected by Licensee shall be remitted to the County, less any costs incurred by Licensee. 3. Use of Premises. The Licensee may use the herein described 0.10 area of Egret Marsh and may have access to, move, remove, or otherwise use all native algae and other aquatic plants to the extent reasonably necessary for the purpose of conducting research, experimentation, testing, or other similar activities. The Licensee may, with the approval of the County, construct certain structures for the purpose of facilitating or advancing the activities which this License Agreement allows the Licensee to perform. The Licensee agrees to comply with all applicable local, State, and Federal laws and regulations throughout the duration of the License Agreement in the performance of the allowed and otherwise permitted activities contained herein. .. 4. Improvements. Licensee agrees that any improvements to the above described property made by him/her shall be at his/her expense and that all such improvements shall have the prior written approval of the applicable County department and all regulatory agencies where applicable. Licensee agrees to remove, move, restore, demolish, or otherwise clear away any such improvements made to the property if the County deems that removing, moving, restoring, demolishing, or clearing away any such improvements would be beneficial to the licensed property or is otherwise necessary in order to restore the licensed property to its state prior to the commencement of the license period. 5. Indemnification and Insurance. Licensee shall defend, indemnify and hold harmless the County and its commissioners, officers, employees and agents, from any 3 29 and all losses, damages, expenses (including reasonable attorneys fees) and other V— liabilities of any type whatsoever, arising out of or relating to any negligence, intentional tort, breach of contract, or breach of applicable law by the Licensee, or its employees, agents, subcontractors, or other persons or entities performing work under this Agreement. The Licensee agrees to provide and maintain at all times during the term of this Agreement, without cost or expense to the County, policies of insurance generally known as comprehensive general liability policies insuring the Licensee against any and all claims, demands, or clauses of action whatsoever for the injuries received and damage to property incurred in connection with the use, occupation and management or control of the property and any improvements thereon by Licensee. Such policies of insurance shall insure the Licensee in the amount not less than two hundred thousand NOW dollars ($200,000.00) to cover any and all liability claims arising in connection with any particular accident or occurrence. Such liability policies shall provide that the County is an additional insured. The County shall be notified in writing of any reduction, cancellation or substantial change of policy or policies at least thirty (30) days prior to the effective date of such action. The Licensee shall provide the described insurance on policies and with insurers acceptable to the County and licensed and authorized under the laws of the State of Florida. These insurance requirements shall not relieve or limit the liability of the Licensee. The County does not in any way represent that these types or amounts of insurance are sufficient or adequate to protect the Licensee's interest or liabilities, but are merely minimums. 4 30 A certificate of insurance indicating that the Licensee has coverage in accordance with the requirements of the Agreement shall be furnished by the Licensee to the appropriate department within the County. All personal property housed or placed at the licensed property shall be at the risk of Licensee and the County shall have no liability for any damage or loss to any personal property located thereon for any cause whatsoever. The Licensee agrees and understands that the County does not and shall not carry liability, fire, or theft insurance on the operation of these facilities to cover the Licensee's interest therein. 6. Covenants Against Assignment and Subletting. The Licensee shall not assign any portion of the Agreement nor allow same to be assigned by operation of law without the express, written approval of the County. 7. Independent Contractor. The Licensee shall perform the conditions of this Agreement as an independent contractor and nothing herein shall be construed to be inconsistent with this relationship or status. Nothing in the Agreement shall be in any way construed to constitute the Licensee or any of his agents or employees as the agent, employee, or representative of the County. 8. Termination. This Agreement may be terminated by the County in its sole discretion and shall be effective immediately upon written notice to Licensee. Upon termination of this Agreement, the Licensee shall immediately remove any personal property. Any property not removed within five (5) days after termination shall become the property of the County. 9. Additional Locations. Upon written agreement by the parties, this Agreement may include additional locations within Egret Marsh Stormwater Park or other location 5 31 which both parties deem appropriate to further effectuate the purposes of this License Agreement. The terms of this Agreement shall form the basis of any future written document, notwithstanding that a different term, location, and hours of operation would apply. 10. Notice. Notice under this Agreement shall be given to the County by mailing written notice to Keith McCully, Stormwater Engineer, 1801 27th Street, Vero Beach, FL 32960. 11. Attorney's Fees. In the event of any legal action to enforce the terms of this Agreement each party shall bear its own attorney's fees and costs. 12. Governing Law. This Agreement shall be deemed to have been executed and entered into in the State of Florida and this Agreement, and any dispute arising hereunder, shall be governed, interpreted and construed according to the laws of the State of Florida. 13. Venue. Venue for any legal action brought by any party to this Agreement to interpret, construe or enforce this Agreement shall be in a court of competent jurisdiction in and for Indian River County, Florida, and any trial shall be non-jury. 14. Modification. No modification of this Agreement shall be binding on the County or the Licensee unless reduced to writing and signed by a duly authorized representative of the County and the Licensee. 15. Board Ratification. This Agreement is subject to ratification by the Board of County Commissioners of Indian River County. 6 32 IN WITNESS WHEREOF, the Licensee and the County have hereunto set their hands and seals on the day and year first above written. VAN ERT, NEMOTO AND ASSOCIATES, LLC BOARD OF COUNTY / COMMISSIONERS BY: � ,.( -�� INDIAN RIVER COUNTY, FLORIDA BY: Its: dt, Joseph E. Flescher, Chairman WITNESS: BCC Approved: WITNESS:a/'U4- Z (Corporate se acceptable in place of witnesses) ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: By AIl Jose h A. Baird County Administrator Approved as to form and legal suffici y' By William K. DeBraal Deputy County Attorney 7 33 INDIAN RIVER COUNTY, FLORIDA 7P MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Dire?anagger$4�i) AND Christopher J. Kafer,Jr., P.E., County Enginee FROM: Michael D. Nixon, P.E., Roadway ProductionSUBJECT: Former Cattle Dip Site-Geosyntec Consultants, Inc. Work Order#6-Site Assessment DATE: February 5, 2013 DESCRIPTION AND CONDITIONS The County purchased the former Cattle Dip Site for recreational and parking purposes on February 25,2008. The subject parcel is located on the south side of SR 510 near Disney's Vero Beach Resort. It is approximately 1.67 acres in size with 330 feet of frontage along SR 510. The future improvements could include overflow parking for Wabasso Beach Park., picnic facilities and other park features. The parcel is the site of a former cattle dip vat and thus presents a potential environmental and public health concern. From the 1910's through the 1950's by Florida law,all cattle,and other animals susceptible to the Cattle Fever Tick,were required to be dipped periodically. Dipping vats were filled with an arsenic solution with other pesticides and heavy metals. A site assessment performed by Geosyntec Consultants,Inc.for the County found arsenic levels present in the soils in concentrations exceeding the residential Standards and ground concentrations above groundwater cleanup target levels. ANALYSIS Geosyntec Consultants, Inc. performed delineation of arsenic impacts and performed soil clean-up and disposal including the excavation of the cattle dip vat,arsenic-impacted soil,extraction of groundwater and backfilling with clean soil. On July 17, 2009 Geosyntec Consultants, Inc.submitted a Supplemental Interim Source Removal Report to the Florida Department of Environmental Protection that included the sampling results and recommendations to take no further action on the soil. Arsenic concentrations in the groundwater remained above the groundwater cleanup target levels: therefore, Geosyntec Consultants, Inc. recommended assessment of the remaining groundwater arsenic impacts. The Florida Department of Environmental Protection concurred with the recommendations. The work associated was performed utilizing the Continuing Contract Agreement for Professional Services entered into as of August 10, 2004 and amended July 24, 2007 between Indian River County Solid Waste Disposal District and Geosyntec Consultants,Inc. The proposed site assessment activities were based on the Florida Department of Environmental Protection's review of the Supplemental Interim Source Removal Report dated July 17,2009 which recommended activities to delineate the extent of the arsenic groundwater impacts. On August 25, 2010 Geosyntec Consultants, Inc. prepared a report for the Florida Department of Environmental Protection. It was recommended that a minimum of one year of semi-annual ground water monitoring be done to assess the stability of the arsenic plume. Geosyntec Consultants,Inc.recommended this approach,since the source has been removed and groundwater concentrations of arsenic are low and are decreasing. P.\Pahl i, W­kc\Cani tal i n\rW yin Tli eno., no,..ol 34 PAGE TWO BCC Agenda item from Michael D. Nixon, P.E., Roadway Production Manager February 5, 2013 r.- On January 23, 2011 the Florida Department of Environmental Protection concurred with semi-annual ground water monitoring but on an ongoing basis. Because some of the arsenic levels were above standards in some of the perimeter wells, the Florida Department of Environmental Protection required additional wells to be installed beyond the site limits (to confirm the limits of arsenic impacts in groundwater).Three additional wells were placed in the State Right-of-way of SR 510 and one additional well was placed on the western property line of the Cattle Dip Site. On November 19,2012 the Florida Department of Environmental Protection stated that because some of the arsenic levels are still above standards in some of the perimeter wells, additional wells are to be installed beyond the site limits (to confirm the limits of arsenic impacts in groundwater).Two additional wells are proposed. One is to be placed in the FDOT right-of-way and one is to be placed on private property west of the site. Because three wells have already been placed in the FDOT right-of-way,permission to place the fourth well is not anticipated to be an issue. The private property west of the County site is owned by DISNEY VACATION DEVELOPMENT INC.("Disney parcel'). The County will make the initial attempt to obtain permission to gain access to the Disney Parcel site. If the County is not successful the process will be turned over to the Florida Department of Environmental Protection who can place an Order on the property owner for the required access so the County can move forward with the well installation and ground water testing. The workwill be on hold until the Florida Department of Environmental Protection is successful acquiring permission to gain access on the Disney Parcel site. On February 1, 2013 Geosyntec Consultants, Inc. submitted a Groundwater Sampling Plan that included proposed locations for the two additional off site wells with sampling and testing. The Florida Department of Environmental Protection concurred with the revised plan. The total cost to date for Geosyntec Consultants, Inc. is $147,133.74. (Including the cattle dipping vat removal and soil excavation /remediation activities). Work Order No.6 to the Continuing Contract Agreement with Geosyntec Consultants, Inc.dated November 15,2011,will provide two additional monitoring wells with a single round of sampling as being required by the Florida Department of Environmental Protection. The proposed scope has been broken down into five separate tasks in a not—to-exceed amount of$20,784.82. The five tasks are as follows: Task 1—Preliminary Activities Task 2—Off-site access and ROW Notification Packages Task 3—Monitoring Well Installation Task 4—Monitoring Well Sampling Task 5—Site Assessment Report (See Geosyntec Consultants, Inc. Scope of Service with fee proposal in Exhibit B) Ongoing groundwater monitoring and reporting will likely be required by the Florida Department of Environmental Protection on a semi-annual basis. The ongoing monitoring and reporting is not part of this amendment.The estimated cost of future semi-annual monitoring and reporting is approximately$6,000 to $10,000 per year for an undetermined number of years. Monitoring will be required to continue until such time that the Florida Department of Environmental Protection determines that arsenic plume is stable and decreasing. At that time no further action will be requested. F:\Public Works\Capital Projects\CR 510\CR 510 Disney Parcel\GeoSyntec\BCC WO 6, 02-19-13.REVISEDdoc.doc 35 PAGE THREE BCC Agenda item from Michael D. Nixon, P.E., Roadway Production Manager February 5, 2013 '*MW FUNDING This property was purchased in part using impact fees and prior remediation work was also funded with impact fees. A budget amendment will be needed to transfer funds from impact fees/cash forward to Parks & Recreation/Impact Fees/Land/Wabasso Beach Parking Expansion-Account#10321072-066110- 07016 RECOMMENDATIONS Staff recommends approval of the attached Work Order No.6,authorizing the above mentioned services as outlined in the attached Scope of Services(Exhibit A),and requests the Board to authorize the Chairman to execute the attached Work Order No. 6 on their behalf. ATTACHMENTS 1. Geosyntec Consultants, Inc.Work Order No. 6 2. Continuing Contract Agreement for Professional Services, November 15, 2011, Exhibit A 3. Geosyntec Consultants, Inc.Scope of Service with fee proposal in Exhibit B DISTRIBUTION 1. Jerry Davis, Manager, Purchasing Division 2. D. E. Howard,Jr., Construction Coordination Manager 3. Himanshu Mehta, Managing Director Solid Waste Disposal District 4. Thomas A. Peel, Geosyntec Consultants, Inc. Indian River Approved Date APPROVED AGENDA ITEM County FOR March 5, 2013 Administration nn Budget 1J7 /J� Legal Public Works Engineering F:\Public Works\Capital Projects\CR 510\CR 510 Disnev Parcel\Geos,,�rec\RiC wn F_ nz-ia-iz RRgTCR n -1— 36 Board of County Commissioners 1801 27th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: (772)-778-9391 Professional Services for CATTLE DIP SITE WORK ORDER NO. 6 (Engineering Division) for Continuing Contract Agreement for Professional Services with Geosyntec Consultants, Inc. This Work Order No. 6 is entered into pursuant to the Continuing Contract Agreement for Professional Services entered into as of November 15, 2011, by and between Indian River County Board of County Commissioners ("COUNTY") on the same terms as the existing Agreement, as extended, between the ("COUNTY') AND Geosyntec Consultants, Inc., a Florida Corporation ("CONSULTANT"). The COUNTY has selected the CONSULTANT to perform the professional services set forth on Exhibit A, attached to this Work Order No. 6 and made part hereof by this reference. The professional services will be performed by the CONSULTANT for the fee schedule set forth in the Exhibit B, attached to this Work Order No. 6 and made a part hereof by this reference. The CONSULTANT will perform the professional services within the schedule more particularly set forth in Exhibit B, attached to this Amendment to Work Order No. 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 terms of the Agreement shall be deemed to be incorporated in each individual work Order as if fully set forth herein. COMPENSATION. The COUNTY agrees to pay, and the CONSULTANT agrees to accept, a fee for services rendered according to the "Summary of Estimated Costs" identified in the attached Exhibit "B" Fee Schedule. 1,,,.. C: Microsofr\.WindowsTemporary Internet FilesContent.Outloolc.T-'UCJ\�rR\>,I Work Order 6 Site Assesslient 2- 19- I3.doc 37 Page 2 WO No. 6—Geosyntec Consultants, Inc. CATTLE DIP SITE A Not-to-Exceed Amount of: $20,784.82 to be paid on a unit price basis for actual work performed in accordance with the schedule of services and fees set forth in Exhibit A and Exhibit B. IN WITNESS HEREOF the parties hereto have executed these presents This day of 2013. OWNER GEOSYNTEC CONSULTANTS,INC. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY,FLORIDA (Signature) ( ' ture) Joseph E.Flescher,Chairman J Dickinson,Chief Financial Offiicer Approved by BCC Witnessed y: 7cv�ri�tc� ATTEST: Jeffrey R.Smith,Clerk of Circuit Court and Comptroller Deputy Clerk (Printed name) Approved as to Form a d Leg fficiency: Alan S.Polackwich Sr.,County Attorney N . seph AlBaird,County Administrator C: Users'•,cci-usesppData,Local`;1\'icrosoft`.Windoxrs Temporary Internet Files,Content.Outlook,T3 UCJWRW NVork Order 6 Site Assessment?-- 19- 13.doe 38 EXHIBIT A CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES THIS CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES ("Agreement or "Master Agreement"), entered into as of this day of r , 2011 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, ("COUNTY"), and GEOSYNTEC CONSULTANTS, ("Consultant"). BACKGROUND RECITALS: A. In accordance with the Consultants' Competitive Negotiations Act, Section 287.055, Florida Statutes, the COUNTY has selected Consultant to provide certain professional services relating to Public Works, Solid Waste Disposal District (SWDD), Utilities-Major and Utilities-Minor systems ("Services") as more fully set forth in Exhibit 1 attached to this Agreement and made a part hereof by this reference in connection with the COUNTY's operation of its Public Works, SWDD, Utilities-Major and Utilities-Minor Systems ("Project"). B. The Consultant is willing and able to perform the Services for the COUNTY on the terms and conditions set forth below; and C. The COUNTY and the Consultant wish to enter into this Agreement for the Consultant's Services for the Project. NOW THEREFORE, in accordance with the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. GENERAL. 1.1 All professional services provided by the Consultant for the COUNTY shall be identified in Work Orders and performed in a timely, efficient, cost effective manner, and in accordance with the current professional standards of the applicable discipline. Work Orders shall include a description of services to be performed; a statement of fees; a schedule of deliverables; proposed schedule for compensation and whether compensation is lump sum maximum amount not to exceed task based, or any combination of the foregoing; a budget establishing the amount of compensation to be paid with sufficient detail so as to identify all of the various elements of costs; a projected schedule for completion of the work to be performed by the Consultant; and any other additional instructions or provisions relating to the specific Services authorized pursuant to each Work Order that does not conflict with the terms of this Agreement. 1 FAUtilities\UTILITY-Engineering\Projects-Utility Construction Permits\IRC-Water and Wastewater Continuing Consultant Services UCP#2020\Continuing Contract 2011\Consultant Agreements\Geosyntec Contract Agreement.doc — 39 1.2 Whenever the term "Work Order" is used herein, it is intended to mean that formal document that is dated; serially numbered; and executed by both the COUNTY and the Consultant by which the COUNTY accepts Consultant's proposal for specific services and Consultant indicates a willingness to perform such specific services for the terms and under the conditions specified in this Agreement. Each Work Order must be fully executed by the COUNTY prior to issuance of the related Notice-to- Proceed. 1.3 Services related to any individual Work Order which would increase, decrease or which are otherwise outside the scope of Services or level of effort contemplated by a Work Order shall be Services for which the Consultant must obtain the prior written approval of the COUNTY as provided by this Agreement. All terms for the performance of such Services must be agreed upon in a written document prior to any deviation from the terms of a Work Order, and when properly authorized and executed by both the Consultant and the COUNTY shall become an amendment to the Work Order or a new Work Order, at the sole option of the COUNTY. A separate Notice to Proceed may, at the sole option of the COUNTY, be given for each phase of the services contained in any Work Order hereunder. 1.4 Work Order shall not give rise to any contractual rights until it meets the foregoing requirements. Each written Notice to Proceed and specific Work Order, as approved by the COUNTY, shall be an addendum to this Agreement. Nothing contained in any Work Order shall conflict with the terms of this Agreement, and the terms of this Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth therein. 1.5 A schedule of current hourly billing rates is set forth in Exhibit 2 attached to this Agreement and made a part hereof by this reference. 1.6 It is the intent of the County to enter into Agreements with multiple qualified engineering firms. No representation or guarantee is made by Indian River County as to the minimum or maximum dollar value, volume of work, or type of work, if any, that Consultant will receive during the term of this Agreement. 1.7 The Background Recitals are true and correct and form a material part of this Agreement. 2. COUNTY OBLIGATIONS. 2.1 The COUNTY will provide the Consultant with a copy of any preliminary data or reports available as required in connection with the work to be performed under this Agreement, together with all available drawings, surveys, right-of-way maps, and other documents in the possession of the COUNTY pertinent to a Project. The Consultant shall satisfy itself as to accuracy of any data provided. The Consultant is responsible for bringing to the COUNTY's attention, for the COUNTY's resolution, material inconsistencies or errors in such data that come to the Consultant's attention. 2 F:\Utilities\UTILITY•Engineering\Projects-Utility Construction Permits\IRC-Water and Wastewater Continuing Consultant Services UCP#202MContinuing Contract 20111Consultant Agreements\Geosyntech Contract Agreement.doc — 40 2.2 The COUNTY shall arrange for access to, and make provisions for the Consultant to enter upon, public and private property (where required) as necessary for the Consultant to perform its Services, upon the timely written request of Consultant to COUNTY. 2.3 The COUNTY shall promptly execute all permit applications necessary to the Project. 2.4 The COUNTY shall examine any and all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the Consultant, and render, in writing, decisions pertaining thereto within a reasonable time. 2.5 Approval by the COUNTY of any of the Consultant's work, including but not limited to drawings, design specifications, written reports, or any work products of any nature whatsoever furnished hereunder, shall riot in any way relieve the Consultant of responsibility for the technical accuracy and adequacy of the work. Neither the COUNTY's review, approval or acceptance of, or payment for, any of the Services furnished under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. The Consultant shall be and remain liable in accordance with all applicable laws for all damages to the COUNTY caused by the negligent performance by the Consultant of any of the Services furnished under this Agreement. 2.6 The COUNTY reserves the right to appoint one or more Project Managers for the specific Services in connection with any Work Order. The Project Manager shall: .(a) act as the COUNTY's agent with respect to the Services rendered hereunder; (b) transmit instructions to and receive information from the Consultant; (c) communicate the COUNTY's policies and decisions to the Consultant regarding the Services; and (d) determine, initially, whether the Consultant is fulfilling its duties, responsibilities, and obligations hereunder. 2.7 The COUNTY shall give prompt written notice to the Consultant whenever the COUNTY observes or otherwise becomes aware of any development that affects the timing or delivery of the Consultant's Services. If the Consultant has been delayed in completing its Services through no fault or negligence of either the Consultant or any sub-consultant, and, as a result, will be unable to perform fully and satisfactorily under the provisions of this Agreement, then the Consultant shall promptly notify the Project Manager. In the COUNTY's sole discretion, and upon the submission to the COUNTY of evidence of the causes of the delay, the Work Order shall be modified in writing as set forth in this Agreement, subject to the COUNTY'S rights to change, terminate, or stop any or all of the Services at any time in accordance with this Agreement. 2.8 The Consultant shall not be considered in default for a failure to perform if such failure arises out of causes reasonably beyond the Consultant's control and through no fault or negligence of the Consultant. The parties acknowledge that adverse 3 F:\Utilities\UTILITY-Engineering\Projects-Utility Construction Permits\IRC-Water and Wastewater Continuing Consultant Services UCP#2020\Continuing Contract 2011\Consultant Agreements\Geosyntech Contract Agreement.doc — 41 Near- weather conditions, acts of God, or other unforeseen circumstances of a similar nature, may necessitate modifications to this Agreement. If such conditions and circumstances do in fact occur, then the COUNTY and Consultant shall mutually agree, in writing, to the modifications to be made to this Agreement. 3. RESPONSIBILITIES OF THE CONSULTANT. 3.1 The Consultant agrees to perform all necessary professional engineering, project design, construction phase services, and other Services in connection with the assigned Project(s) as set forth in the Work Orders and in this Agreement. 3.2 The Consultant will endeavor not to duplicate any previous work done on any Project. Before execution of a Work Order, the Consultant shall consult with the COUNTY to clarify and define the COUNTY's requirements for the Project. 3.3 The Consultant agrees to complete the Project within the time frame specified in the Work Order. 3.4 The Consultant will maintain an adequate staff of qualified personnel. 3.5 The Consultant will comply with all present and future federal, state, and local laws, rules, regulations, policies, codes, and guidelines applicable to the Services performed under this Agreement. 3.6 The Consultant, as a part of the consideration hereof, does hereby covenant and agree that: (1) in connection with the furnishing of Services to the COUNTY hereunder, no, person shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in regard to the services to be performed by Consultant under this Agreement on the grounds of such person's race, color, creed, national origin, religion, physical disability, age or sex; and (2) the Consultant shall comply with all existing requirements concerning discrimination imposed by any and all applicable local, state, and federal rules, regulations, or guidelines, as such rules, regulations, or guidelines may be from time to time amended. 3.7 The Consultant shall, during the entire term of this Agreement, procure and keep in full force, effect, and good standing any and all necessary licenses, registrations, certificates, permits, and any and all other authorizations as are required by local, state, or federal law, in order for the Consultant to render its Services as described in this Agreement. The Consultant shall also require all sub-consultants to comply by contract with the provisions of this section. 3.8 The Consultant will prepare all necessary sketches and completed application forms to accompany the COUNTY's applications for any required federal, state, or local permits. �.., 4 F:\Utilities\UTILITY-Engineering\Projects-Utility Construction Permits\IRC-Water and Wastewater Continuing Consultant Services UCP#2020\Continuing Contract 201 i\Consultant Agreements\Geosyntech Contract Agreement.doc 42 °-� 3.9 The Consultant will cooperate fully with the COUNTY in order that all phases of the work may be properly scheduled and coordinated. 3.10 The Consultant will cooperate and coordinate with other COUNTY consultants, as directed by the COUNTY. 3.11 The Consultant shall report the status of the Services under this Agreement to the County Project Manager upon request and hold all drawings, calculations and related work open to the inspection of the County Project Manager or his authorized agent at any time, upon reasonable request. 3.12 All documents, reports, tracings, plans, specifications, field books, survey notes and information, maps, contract documents, and other data developed by the Consultant for the purpose of this Agreement, are and shall remain the property of the COUNTY. The foregoing items will be created, maintained, updated, and provided in the format specified by the County. When all work contemplated under this Agreement is complete, all of the above data shall be delivered to the County Project Manager. 3.13 The Consultant will confer with the COUNTY during the further development of improvements for which the Consultant has provided design or other services, and the Consultant will interpret plans and other documents; correct errors and omissions; and prepare any necessary plan revisions not involving a change in the scope of the work required, at no additional cost to the COUNTY, within thirty (30) calendar days of notice by the COUNTY, or upon a determination of the Consultant of the existence of such errors or omissions, whichever event shall first occur. The foregoing is not intended to include construction management services provided by the Consultant. 3.14 The Consultant agrees to maintain complete and accurate books and records ("Books"), in accordance with sound accounting principles and standards for all Services, costs, and expenditures under this Agreement. The Books shall identify the Services rendered during each month of the Agreement and the date and type of each Project-related expense. The COUNTY shall have the right, at any reasonable time and through any of its designated agents or representatives, to inspect and audit the Books for the purpose of verifying the accuracy of any invoice. The CONSULTANT shall retain the Books, and make them available to the COUNTY as specified above, until the later of three (3) years after the date of termination of this Agreement, or such longer time if required by any federal, state, or other governmental law, regulation, or grant requirement. 3.15 The Consultant shall not assign or transfer any work under this Agreement without the prior written consent of the COUNTY. When applicable and upon receipt of such consent from the COUNTY, the Consultant shall cause the names of the engineering and surveying firms responsible for the major portions of each separate specialty of the work to be inserted on the reports or other data. 5 F:\Utilities\UTILITY-Engineering\Projects-Utility Construction Permits\IRC-Water and Wastewater Continuing Consultant Services UCP#2020\Continuing Contract 2011\Consultant Agreements\Geosyntech Contract Agreement.doc — 43 3.16 All documents, including but not limited to drawings and specifications, prepared by the Consultant pursuant to this Agreement are related exclusively to the Services described herein and are not intended or represented to be suitable for reuse by the COUNTY or others on any other project. Reuse of any document or drawing shall be at the COUNTY's own risk. The Consultant shall not be held liable for any modifications made to the documents by others. 4. TERM; TIME FOR COMPLETION. 4.1 This Agreement shall remain in effect for a term of three (3) years ("Initial Term"), unless otherwise sooner terminated as provided herein. The Initial Term may be extended by the COUNTY for a maximum of three (3) years ("Extension Term"). The decision to exercise an extension option for the Extension Term shall be at the sole discretion of the County. The Consultant shall be notified in writing of the intent to extend the Agreement at least ninety (90) days before the expiration of this Agreement. The Extension Term, if any, is subject to sooner termination in accordance with the terms of this Agreement. 4.2 The time for completion of each Project shall be defined in the Work Order. 5. COMPENSATION. 5.1 The COUNTY shall pay to the Consultant a mutually agreed upon lump sum or maximum amount not-to-exceed professional fee for each task in the Work Order, to be paid in monthly installments or on a deliverable basis, all as set forth in a Work Order. Duly certified invoices, in triplicate, phased as per the Work Order, shall be submitted to the County Project Manager, in detail sufficient for proper prepayment and post payment audit. Upon submittal of a proper invoice the County Project Manager will determine if the tasks or portions thereof have been satisfactorily completed. Upon a determination of satisfactory completion, the County Project Manager will authorize payment to be made. All payments for services shall be made to the Consultant by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 5.1.1 The Consultant shall include on the invoices any identifiable per diem, meals and lodgings, taxi fares and miscellaneous travel-connected expenses for Consultant's personnel subject to the limitations of F. S. section 112.061, as may be amended from time to time. Travel expenses, if any, shall not be on a direct pay basis by the COUNTY. Notwithstanding the foregoing, the Consultant acknowledges and agrees that it will not be reimbursed for any travel within Indian River County, both after a Consultant arrives from outside of Indian River County, and where a Consultant maintains an office in Indian River County. 6 F:1Utilities\UTILITY-Engineering\Projects-Utility Construction Permits\IRC-Water and Wastewater Continuing Consultant Services UCP 420201Continuing Contract 20111Consultant Agreements\Geosyntech Contract Agreement.doc 44 °4•- 5.1.2 The COUNTY shall make direct payment of all permit fees paid to regulatory agencies for approvals directly attributable to the Services under the Project. These permit fees do not include those permits required for any construction contractor. 5.2 The COUNTY may at any time notify the Consultant of requested changes to the Services under an existing Work Order, and thereupon the COUNTY and the Consultant shall execute a mutually agreeable amended Work Order or a new Work Order. 5.3 The COUNTY shall have the sole right to reduce or eliminate, in whole or in part, any portion of the Services under any Work Order at any time and for any reason, upon written notice to the Consultant specifying the nature and extent of the reduction. In such event, the Consultant shall be paid for the Services already performed and also for the Services remaining to. be done and not reduced or eliminated, upon submission of invoices as set forth in this Agreement. 5.4 The COUNTY may, at any time and for any reason, direct the Consultant to suspend Services, in whole or in part under this Agreement. Such direction shall be in writing, and shall specify the period during which Services shall be stopped. The Consultant shall resume its Services upon the date specified, or upon such other date as the COUNTY may thereafter specify in writing. Where the COUNTY has suspended the services under this Agreement for a period in excess of six (6) months, the compensation of Consultant for such suspended Services may be subject to rw- modification. The period during which the Services are stopped by the COUNTY shall be added to the time of performance of this Agreement. 6. ADDITIONAL WORK. 6.1 If services in addition to the Services provided hereunder are required or desired by the County in connection with the Project, the COUNTY may, at the sole option of the COUNTY: separately obtain same outside of this Agreement; or request the Consultant to provide, either directly by the Consultant or by a sub-consultant, such additional services by a new Work Order or by a written amendment to a specific Work Order. 7. INSURANCE AND INDEMNIFICATION. 7.1 The Consultant shall not commence work on this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the County's Risk Manager. 7.2 Consultant shall procure and maintain, for the duration of this Agreement, the minimum insurance coverage as set forth herein. The cost of such insurance shall be included in the Consultant's fee: 7 F1Utilities\UTILITY-Engineering\Projects-Utility Construction Permits\IRC-Water and Wastewater Continuing Consultant Services UCP#2020\Continuing Contract 2011\Consultant Agreements\Geosyntech Contract Agreernent.doc — 45 7.2.1 Workers' Compensation: Workers' Compensation as required by the State of Florida. Employers' Liability of $100,000 each accident, $500,000 disease policy limit, and $100,000 disease each employee. 7.2.2 General Liability: commercial general liability coverage, including contractual liability and,independent contractor, with a minimum combined single limit of $100,000 per occurrence and personal injury coverage of$50,000 7.2.3 Business Automobile Liability: owned, hired, and non-owned vehicles at a minimum combined single limit of $100,000 per occurrence and personal injury coverage of $50,000 for bodily injury and property damage for owned and non-owned vehicles. 7.2.4 Professional Liability Insurance: providing coverage for negligent acts, errors, or omissions committed by Consultant with a limit of $1,000,000 per claim/annual aggregate. This insurance shall extend coverage to loss of interest, earning, profit, use, and business interruption, cost of replacement power, and other special, indirect, and consequential damages. 7.3 Consultant's insurance coverage shall be primary. 7.4 All required insurance policies shall be placed with insurers licensed to do business in Florida and with a Best's rating of A VII or better. 7.5 The insurance policies procured shall be occurrence forms, not claims made policies with the exception of professional liability. 7.6 A certificate of insurance shall be provided to the County's Risk Manager for review and approval, ten (10) days prior to commencement of any work under this Agreement. The COUNTY shall be named as an additional insured on all policies except workers' compensation and professional liability. 7.7 The insurance companies selected shall send written verification to the County Risk Manager that they will provide 30 days prior written notice to the County Risk Manager of its intent to cancel or modify any required policies of insurance. 7.8 Consultant shall include all sub-consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub-consultant. All coverages for sub-consultants shall be subject to all of the requirements stated herein. 7.9 The COUNTY, by and through its Risk Manager, reserves the right periodically to review any and all policies of insurance and reasonably to adjust the limits of coverage required hereunder, from time to time throughout the term of this Agreement. In such event, the COUNTY shall provide the Consultant with separate written notice of such adjusted limits and Consultant shall comply within thirty (30) days of receipt thereof. The failure by Consultant to provide such additional coverage shall `""" 8 F:1Utilities\UTILITY-EngineeringTrojects-Utility Construction Permits\IRC-Water and Wastewater Continuing Consultant Services UCP#20201Continuing Contract 20111Consultant Agreements\Geosyntech Contract Agreement.doc 46 constitute a default by Consultant and shall be grounds for termination of this ""' Agreement by the COUNTY. 7.10 The Consultant shall indemnify and hold harmless the COUNTY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant and other persons employed or utilized by the Consultant in the performance of this Agreement. 8. TERMINATION. 8.1 This Agreement may be terminated: (a) by the COUNTY, for any reason, upon thirty (30) days' prior written notice to the Consultant; or (b) by the Consultant, for any reason, upon thirty (30) days' prior written notice to the COUNTY; or (c) by the mutual Agreement of the parties; or d) as may otherwise be provided below. In the event of the termination of this Agreement, any liability of one party to the other arising out of any Services rendered, or for any act or event occurring prior to the termination, shall not be terminated or released. 8.2 In the event of termination by the COUNTY, the COUNTY's sole obligation to the Consultant shall be payment for those portions of satisfactorily completed work previously authorized by approved Work Order. Such payment shall be determined on the basis of the hours of work performed by the Consultant, or the percentage of work complete as estimated by the Consultant and agreed upon by the COUNTY up to the time of termination. In the event of such termination, the COUNTY may, without penalty or other obligation to the Consultant, elect to employ other persons to perform the same or similar services. 8.3 The obligation to provide services under this Agreement may be terminated by either party upon seven (7) days prior written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the terminating party. 8.4 In the event that the Consultant merges with another company, becomes a subsidiary of, or makes any other substantial change in structure, the COUNTY reserves the right to terminate this Agreement in accordance with its terms. 8.5 In the event of termination of this Agreement, the Consultant agrees to surrender any and all documents prepared by the Consultant for the COUNTY in connection with this Agreement. 8.6 The COUNTY may terminate this Agreement for refusal by the Consultant to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119 Florida Statutes and made or received by the Consultant in conjunction with this Agreement. 9 F_\Utilities\UTILITY-Engineering\Projects-Utility Construction Permits\IRC-Water and Wastewater Continuing Consultant Services UCP#2020\Continuing Contract 2011\Consultant Agreements\Geosyntech Contract Agreement.doc — 47 8.7 The COUNTY may terminate this Agreement in whole or in part if the Consultant submits a false invoice to the COUNTY. 9. TRUTH-IN-NEGOTIATION CERTIFICATE; CONTINGENCY FEES. 9.1 Execution of this Agreement by the Consultant shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete and current as of the date of the Agreement and no higher than those charged the Consultant's most favored customer for the same or substantially similar service. The wage rates and costs shall be adjusted to exclude any significant sums should the COUNTY determine that the wage rates and costs were increased due to inaccurate, incomplete or noncurrent wage rates or due to inaccurate representations of fees paid to outside consultants. The COUNTY shall exercise its rights under this "Certificate" within one (1) year following final payment. COUNTY has the authority and right to audit Consultant's records under this provision. The COUNTY does not hereby waive any other right it may have pursuant to Section 287.055, Florida Statutes, as it may be from time-to-time amended. 9.2 Pursuant to the Consultants' Competitive Negotiations Act, F. S. section 287.055, the Consultant warrants that it has not employed or retained any company or person other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement and that it has not paid or agreed to pay any company or person other than a bona fide employee working solely for the Consultant any fee, commission, percentage fee, gifts or any other considerations, contingent upon or resulting from the award or making of this contract. For breach of violation of this provision, the COUNTY .shall have the right to terminate this Agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 10. MISCELLANOUS PROVISIONS. 10.1 Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the Consultant or employees or subconsultants of the Consultant are in no way to be considered employees of the COUNTY, but are independent contractors performing solely under the terms of the Agreement and not otherwise. 10.2 Merger: Modification. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or N... 10 FAUtilities\UTILITY-Engineering\Projects-Utility Construction Permits\IRC-Water and Wastewater Continuing Consultant Services UCP#20201Continuing Contract 2011\Consultant AgreementslGeosyntech Contract Agreement.doc — 48 �- written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the Consultant and the COUNTY. 10.3 Governing Law; Venue. This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.4 Remedies; No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. Each right, power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent delinquency or default. A party's waver of one or more defaults does not constitute a waver of any other delinquency or default. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 10.5 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 10.6 Availability of Funds. The obligations of the COUNTY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 10.7 No Pledge of Credit. The Consultant shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. 10.8 Public Records. The Consultant shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement. 10.9 Notices: Any notice, request, demand, consent, approval, or other communication required or permitted by this Agreement shall be given or made in writing and shall be served, as elected by the party giving such notice, by any of the following methods: (a) Hand delivery to the other party; (b) Delivery by commercial NOW 11 FAUtilities\UTILITY-Engineering\Projects-Utility Construction PermitskIRC-Water and Wastewater Continuing Consultant Services UCP#2020\Continuing Contract 20111 Consultant Agreements\Geosyntech Contract Agreement.doc — 49 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: Himanshu Mehta, P.E. 1801 27th Street Vero Beach, FL 32960-3365 Facsimile: (772) 770-5143 Consultant: Geosyntec Consultants Attn: Nandra Weeks, P.E. 1601 20th Street Vero Beach, FL 32960 Notices shall be effective when received at the address as specified above. Facsimile transmission is acceptable notice effective when received, provided, however, that facsimile transmissions received (i.e., printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next day that is not a weekend day or a holiday. The original of the notice must additionally be mailed. Either party may change its address, for the purposes of this section, by written notice to the other party given in accordance with the provisions of this section. 10.10 Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by Consultant shall survive the termination or expiration of this Agreement. 10.11 Construction. . The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such Sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the party or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's-length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement 10.12 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 12 F:\Utilities\UTILITY-Engineering\Projects-Utility Construction Permits\IRC-Water and Wastewater Continuing Consultant Services UCP#2020\Continuing Contract 2011\Consultant Agreements\Geosyntec Contract Agreement.doc — 50 Consultant: (insert name) INDIAN RIVER COUNTY By its Board of County Commissioners ��S <_-p, dam•-�1 By /I y BY •Zrl �.t-c Printed name: ct/L Bob Solari, Chairman Title: S t�,Ju,� Y;�r 11t's-ar^ / Date Approved by BCC:_ rj J Date I 21 3,0 // .............. MM�g !� • .so CP;; Attest: J. K. Barton, Clerk puty Clerk '• .• pproved: •,oY\R COUt�,.••• yl .\YM V.V.f• seph A, aird unty Administrator Approved as to form and legal sufficiency: Alan olackwich Coun Attorney 13 F:\Utilities\UTILITY-Engineering\Projects-Utility Construction Permits\IRC-Water and Wastewater Continuing Consultant Services UCP#2020\Continuing Contract 2011\Consultant Agreements\Geosyntech Contract Agreement.doc 51 Exhibit 1 List of potential Public Works, SWDD, Utilities-Major and Utilities-Minor project categories: • Capital Improvement Projects (CIP). • Operating and Maintenance Projects (O&M). • Miscellaneous General Plant-related and Landfill-related Engineering Services. • Budgetary and process/operating cost analysis projects. • Hydraulic & Sewer/Water Quality Modeling. • Permitting and Regulatory Assistance. • Grant Writing & Funding Analysis. • Subsurface Soils Exploration in Conjunction with Engineering Design Projects. • Surveying, Mapping, GIS and GPS Services in Conjunction with Engineering Design Projects. • Survey Construction Layout. • Sketch and Legal Descriptions. • Site Work including Stormwater Design. • Structural, Mechanical, Electrical and Instrumentation Services • Wastewater and RO Water Design and Distribution • Capital Estimates • Environmental Impact Assessments • Biological Survey • Archaeological Survey • S.?lid Waste Class 1 Landfill Design, Construction and Operation Permits, Closure Permits. • Solid Waste Groundwater Monitoring Permits, Contamination Assessments, Biennial Reports, Groundwater Contour Mapping, and Remedial Action Plans. • Solid Waste Stormwater Management Permits to include any Required Wetlands Studies or Mitigation Determinations. • Solid Waste Annual Financial Reports • Enhancement Projects (Sidewalks, Landscaping and Irrigation, etc.). • Roadway Design and Permitting. • Roadway Intersection Improvement Design and Permitting. • Traffic Signage and Pavement Marking Design. • Traffic Signal Design. • Maintenance of Traffic (MOT) Plans. • Stormwater Improvement Design and Stormwater Drainage Calculations. • And other Engineering Tasks as Directed by the Director of Utility Services, Director of Public Works and Director of Solid Waste. • Bridge Design. The work on the foregoing projects may occur at any time within the five (5) year rolling Capital Improvement Program, including but not limited to the following referenced list: 14 F:\Utilities\UTILITY-Engineering\Projects-Utility Construction Permits\IRC-Water and Wastewater Continuing Consultant Services UCP#2020\Continuing Contract 2011\Consultant Agreements\Geosyntech Contract Agreement.doc — 52 •- 0 Capital Project List of 2011 (or latest.) for Utilities, Solid Waste and Public Works Departments. • Capital Projects as outlined in the Utility Master Plan prepared by Post, Buckley, Shuh and Jernigan (PBS&J) Inc. dated December 2004. • Capital Project as outlined in the Solid Waste Disposal District prepared by Neel Schafer & Associates (NS&A) Inc. dated 2007. • Water, Wastewater Treatment Facilities, Solid Waste Treatment Facilities, Public Works Capital Projects, Renewal & Replacement (R&R) Projects with anticipated construction costs in excess of two million dollars. Water & Wastewater Treatment Facilities Capacity Enhancement Projects with anticipated construction costs in excess of two million dollars. • Waster Distribution / Wastewater Collection R&R projects with anticipated constructions costs in excess of two million dollars. • And other projects as approved by the Board of County Commissioners. 15 F:\Utilities\UTILITY-Engineering\Projects-Utility Construction Permits\IRC-Water and Wastewater Continuing Consultant Services UCP#2020\Continuing Contract 2011\Consultant Agreements\Geosyntech Contract Agreement.doc — 53 EXH181►- 2 Geosyntee Consultants 2011 Bill Rates Labor Classification Bill Rate Clerical $51 Administrative Assistant $84 Technical Word Processor $86 Drafter/CADD Operator/Artist $75 Senior Drafter/Senior CADD Operator $121 Designer $123 Engineering Technician $59 Senior Engineering Technician $76 Field Manager $89 Site Manager $102 Field Superintendent $106 Staff Professional $90 Senior Staff Professional $106 NOW Professional $120 Project Professional $138 Senior Professional $168 Associate $191 Principal $202 General Direct Expenses At Cost Subcontract Services Cost Plus 7% Communications Fee 3%of Professional Fees Specialized Computer Applications $15 per hour Photocopies $0.12 per page Effective 1 January 2012 and each year thereafter the bill rates stated above will be adjusted based on the prior twelve month Consumer Price Index for all south urban consumers. 16 IRC 2011 Rales 54 EXHIBIT Geosyntec (> 6770 South Washington Avenue,Suite 3 ',1} Titusville,Florida 32780 Cons tants PH 321.269.5880 FAX 321.269.5813 wwlv.aeosvntec com 1 February 2013 Mr. Mike Nixon Roadway Production Manager Engineering Division Indian River County 1801 27th Street(Bldg A) Vero Beach, FL 32960-3388 Subject: Professional Services Proposal Site Assessment Activities Former Cattle Dip Site 925593 rd Street on County Road 510 Parcel#31392600000002000001.0 Vero Beach, Florida Dear Mr.Nixon: Geosyntec Consultants(Geosyntec) is pleased to submit this fee proposal to Indian River County (IRC) for professional services associated with the completion of additional site assessment activities at the referenced Former Cattle Dip site. The site assessment activities are based on the Florida Department of Environmental Protection's (FDEP) Review of the Site Assessment Report Addendum No. 2, which recommended supplemental groundwater assessment activities to delineate the extent of the arsenic groundwater impacts with the submittal of a Site Assessment Status Report (SASR). The arsenic groundwater impacts must be delineated to the FDEP Groundwater Cleanup Target Level of 10 micrograms per liter (µg/L). The proposed scope of work for the services anticipated to delineate and monitor the arsenic groundwater impacts has been broken down into five separate tasks as described below. Task 1—Preliminary Activities Task 1 includes project management for the entire project, as well as all preliminary activities associated with securing project costs from subcontractors and updating the Site-Specific Health and Safety Plan to cover the additional assessment activities. Specific activities include: • updating the existing OSHA-required, Site-Specific Health and Safety Plan; • scheduling a utility locate, acquiring field equipment (pumps, water quality meters, calibration solutions, sampling containers, etc.), subcontracting; and w.. XR13013/CCR13002.DOC engineers I Scientists I iniaovatorS 55 Mr. Mike Nixon 1 February 2013 Page 2 �*- • project planning and management responsibilities, invoice review, project coordination, and project administration. Task 2—Off-Site Access and Right of Way (ROW) Notification Packages The two monitoring wells proposed to be installed under Task 3 (below) are located off property (to the west of the site). One of the monitoring wells is located in a Florida Department of Transportation (FDOT) ROW, on the south side of State Road 510, and the other monitoring well is located on the adjacent private property to the west. Obtaining access to install the monitoring well along the roadway will require preparing and submitting a ROW Notification package, which includes a request for a general use permit, to the FDOT (Treasure Coast Operations). Obtaining access to install the monitoring well located on the adjacent private property will require IRC to submit an offsite access agreement with the owners of the property and have it approved prior to installation and sampling activities. Task 3—Monitoring Well Installation Task 3 consists of a single mobilization to the site to install monitoring wells. Geosyntec proposes to install two monitoring wells using direct push technology (DPT) drilling techniques at the locations presented in Figure 1. The monitoring wells will be constructed of 1-inch PVC and will be installed to a maximum depth of 15 feet below land surface (ft BLS) with 10-ft of 0.006-inch slotted screens with a 30/65 pre-packed sand filter. The monitoring wells will be completed with the 24-inch by 24-inch concrete pad with a 4-inch PVC casing that will be approximately 3-feet above land surface. Once installed, the monitoring wells will be developed until visibly free of particulate matter. Geosyntec assumes one day of oversight for the monitoring well installation and development. Surveying (location, top-of-casing and ground elevations) of the newly-installed monitoring wells will be also completed. Task 4—Monitoring Well Sampling Following installation, the newly installed monitoring wells will be purged and sampled in general accordance with FDEP Standard Operating Procedures (SOPS). The collected groundwater samples will be laboratory analyzed for arsenic by EPA Method 6010. In addition, water levels will be collected from the newly installed monitoring wells and the existing site monitoring wells to document the groundwater elevations and flow direction at the site. The current cost breakdown of the monitoring well installation assumes only two monitoring wells will be required to document delineation of the arsenic groundwater impacts. An additional 100% contingency has been added to Task 3 and Task 4 to cover any additional XR 130131CCR l 3002.DOC gym... engineers ' scientists I innovators s 56 Mr. Mike Nixon 1 February 2013 Page 3 monitoring well installations and sampling required to achieve arsenic groundwater delineation. Geosyntec will notify IRC and secure approval for any activities that may require access to contingency fees. Geosyntec assumes the monitoring well sampling and collection of water levels can be completed in one day. Task 5—Site Assessment Status Report(SASR) Geosyntec will prepare a SASR as a letter report after completion of the monitoring well sampling event. It is anticipated that the Letter Report will include: • brief description of field activities; • summary tables of the groundwater sampling results and groundwater elevations; • maps that provide a summary of the groundwater sampling results and provide a summary of the groundwater elevations; and • recommendations. ASSUMPTIONS The following assumptions were made in developing this fee proposal: • All site work can be performed in Level D personal protective equipment. • Geosyntec will be able to work unimpeded Monday through Friday from 7 am to 7 pm. • Geosyntec has assumed that liquids generated during the monitoring well purging and sampling will be discharged directly onto the ground adjacent to the monitoring well (for percolation or evaporation). • Geosyntec assumes that all monitoring well installation activities will be completed during one mobilization. SCHEDULE Geosyntec anticipates that upon approval from IRC, site assessment activities will be initiated within two weeks. It is anticipated that the monitoring well sampling results will be available approximately two weeks after completion of the sampling. The draft SASR will be provided to IRC within four weeks of completion of field activities. XR13013/CCR13002.DOC engineers I scientists I innovators 57 Mr.Mike Nixon 1 February 2013 Page 4 ESTIMATED BUDGET The fee proposal is provided as Attachment A. The estimated budget to complete the work described in the fee proposal is $14,193, which a contingency budget of $6,592 for a total estimated amount of$20,785. CLOSURE Geosyntec appreciates the opportunity to submit to IRC the attached fee proposal (Attachment A) for services at the site. Please do not hesitate to contact either of us with any questions you may have as you review this fee proposal. Sincerely, Joseph K. Bartlett III, E.I. Senior Staff Engineer 0� - .... Jim Langenbach, P.E. Principal Engineer Figure 1 -Proposed Monitoring Well Locations Attachment A-Fee Proposal XR13013/CCR13002.DOC engineers I scientists I innovators 58 ,.. FIGURE I ... PROPOSED MONITORING WELL LOCATIONS 59 N a� i�lty„ JW r J � nj a, t � ,. v� S..fY+- }^Cn (.i,oµy -• ^^'YA RAF n; _ f MW-A:approx.100 ft West of MW18 t [- , MW-B:approx.60 ft s Southwest of H ds0 25 0 50 Feet 9 Legend a c 0 Monitoring Well Location showing screen interval(f[BLS) Site Map Former Cattle Dipping Vat Location Former Cattle Dip Site 9255 93101 Street a Site Location(9255 93rd Street) Vero Beach,Indian River County,Florida 5 RlghcofWay Cr00Sn�/Ll ae[sD � - Figure Notes; e 1.ft BLS Indicates feet below land surface. E 2.Source of 2000 Aeda1 image:Florida Department of Transportation, { Surve In and .'ping Offlce. Titusville,Florida April 2012 O '... ATTACHMENT A FEE PROPOSAL 61 Geosyntec Consultants ATTACHMENT A Table 1 Summary of Estimated Costs Indian River County Site Assessment Activities Labor Direct External Task Task Description Hours Labor. Expenses Expenses Total Cost 1 Preliminary Activities 14.0 $1,652.12 $9.60 $1,661.72 2 Off-Site Access and ROW Notification Packages 14.0 $1,652.12 $9.60 $1,661.72 3 Monitoring Well Installation 14.0 $1,571..78 $514.00 $2,642.90 $4,728.68 4 Monitoring Well Sampling 12.0 $1,347.24 $484.00 $32.10 $1,863.34 5 Site Assessment Status Report 36.0 $4,045.84 $231.50 $4,277.34 Subtotal 90 $10,269.10 $1,248.70 $2,675.00 $14,192.80 Contingency on Task 3 and Task 4 100% $2,919.02 $998.00 $2,675.00 $6,592.02 TOTAL ESTIMATED COST INCLUDING CONTINGENCY $20,784.82 Notes: 1. Labor cost includes 3%communications fee applied to labor subtotal. 2. Contingency costs for Task 3 and Task 4 are intended to cover additional monitoring well installation and sampling, as may be required by FDEP. 3. No contingency work will be completed without prior IRC approval. Page 1 of 1 N INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director GyN✓ and Christopher J. Kafer, Jr., P.E., County Engine r' FROM: Michael D. Nixon, P.E., Roadway Production Manager SUBJECT: Florida Inland Navigation District FY 2013 Waterways Assistance Program Authorizing Resolution for the Oslo Boat Ramp Improvements DATE: February 22, 2013 DESCRIPTION AND CONDITIONS The Oslo Boat Ramp is located at the east terminus of Oslo Road in south Indian River County. Historically since the 1900's, boaters have used the site to launch their boats, although no areas were formally designated for parking. Boat owners have simply parked their vehicles/boat trailers along the unpaved portion of Oslo Road. Through the years the channel adjacent to the boat ramp has filled in with sediment from stormwater runoff which flows east from the unpaved Oslo Road. In 2009 the Oslo Boat Ramp was reconstructed and a new concrete boat ramp was installed. To facilitate the new boat ramp, staff proposed a new project which will include paved boat trailer and vehicular parking, dredging of the channel directly adjacent to the boat ramp,additional dock space, additional channel markers and the paving of the dirt portion of Oslo Road serving as the entrance road to the boat ramp facility. Indian River County is applying for a Florida Inland Navigation District (FIND) FY 2013 Waterways Assistance Program matching grant for the Oslo Boat Ramp improvements.The total cost of this project is estimated to be $900,000.00. The FIND funding request is $437,500.00, which is approximately 48.6%of the total cost. Matching funds will come from Indian River County in the amount of$462,500.00. FUNDING The Florida Inland Navigation District funds proposed to be appropriated for this project are $437,500.00. Matching funding for the project is available in Recreation Impact Fees, Account Number 10321072-066510-03017 ($262,500.00) Oslo Road Boat Ramp and from the Florida Boating Improvement Fund, Account Number 13321072-066510-03017 ($200,000.00) Oslo Road Boat Ramp for a total of$462,500.00. F:\Public Works\ENGINEERING DIVISION PROJECTS\0381B-OSLO BOAT RAMP Phase II\Admim\agenda items\Agenda's 6 3 Contracts\BCC Agenda FIND Resolution 3-5-13.doc Page Two BCC Agenda Item from Michael D. Nixon, P.E. February 22, 2013 RECOMMENDATION Staff recommends the Board of County Commissioners approve the Authorizing Resolution and authorize the Chairman to execute the same. ATTACH M E NTS 1. Authorizing Resolution 2. Indian River County Grant Form DISTRIBUTION 1. Jason Brown, Director, Office of Management & Budget 2. Ed Halsey, Senior Accountant APPROVED AGENDA ITEM FOR: MSS, 201 j .. By: Indian River County Approv Date Administration } I ag, /,3 Budget 27 13 Legal c�7 Public Works D.Z—.26 "!3 Engineering -� 7_ 13 err. F:\Public Works\ENGINEERING DIVISION PROJECTS\0381B-OSLO BOAT RAMP Phase II\Admim\agenda items\Agenda's & �� Contracts\BCC Agenda FIND Resolution 3-5-13.doc RESOLUTION NO. 2013 - ATTACHMENT E-6 RESOLUTION FOR ASSISTANCE 2013 UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM WHEREAS, THE Indian River County BOCC is interested in carrying out the (Name of Agency) following described project for the enjoyment of the citizenry of Indian River County and the State of Florida: Project Title Oslo Public Boat Ramp Parking and Dredging Total Estimated Cost$ 900,000.00 Brief Description of Project: The public boat ramp is located at the east terminus of Oslo Road, south Indian River County. Vehicular and boat trailer parking, dredging, channel markers and dock will be constructed. AND, Florida Inland Navigation District financial assistance is required for the program mentioned above, NOW THEREFORE, be it resolved by the Indian River County BOCC (Name of Agency) that the project described above be authorized, AND, be it further resolved that said Indian River County BOCC (Name of Agency) make application to the Florida Inland Navigation District in the amount of 48.6% of the actual cost of the project in behalf of said Indian River County BOCC (Name of Agency) AND, be it further resolved by the Indian River County BOCC (Name of Agency) that it certifies to the following: 1. That it will accept the terms and conditions set forth in FIND Rule 6613-2 F.A.C. and which will be a part of the Project Agreement for any assistance awarded under the attached proposal. 2. That it is in complete accord with the attached proposal and that it will carry out �-- the Program in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the District. R\Public Worgs\ENGINEERING DIVISION PROJECTS\0381B-OSLO BOAT RAMP Phase II\Admim\agenda items\Resolution 2013.doc 65 RESOLUTION NO. 2013 - Page 2 3. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said Indian River County BOCC for public use. (Name of Agency) 4. That it will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964,P. L. 88-352 (1964) and design and construct all facilities to comply fully with statutes relating to accessibility by handicapped persons as well as other federal, state and local laws,rules and requirements. 5. That it will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. 6_ That it will make available to FIND if requested, a post-audit of expenses incurred on the project prior to, or in conjunction with, request for the final 10% of the funding agreed to by FIND. The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and, upon being put to a vote,the vote was as follows: Chairman Joseph E. Flescher Vice-Chairman Wesley S. Davis Commissioner Tim Zorc Commissioner Peter D. O'Bryan w.. Commissioner Bob Solari FARublic Works\ENGINEERING DMSION PROTECTS\0381B-OSLO BOAT RAMP Phase INAdmim\agenda items\Resoludon 2013.doc 66 RESOLUTION NO. 2013 - Page 3 I%" This is to certify that the foregoing is a true and correct copy of a resolution duly and legally adopted by the Indian River Counjy BOCC at a legal meeting held on this day of 2013. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Joseph E. Flescher, Chairman a Attest: tseph . , County Administrator. Jeffrey R Smith, Clerk of Circuit Court and Comptroller By: Alan S. Polackwich, Sr., County Attorney Deputy Clerk Approved as to Form and Legal Sufficiency Form No. 90-21 (Effective date 12-17-90,Rev. 10-14-92) F:\PublicWorks\ENGINEERINGDMSIONPROJECTS\038IB-OSLO BOAT RAMP Phase II\Admim\aeenda items\Resolution 2013.doc 67 ATTACHMENT E-5 FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM 2013 PROJECT COST ESTIMATE (See Rule Section 6611-2.005 & 2.008 for eligibility and funding ratios) PROJECT TITLE: _Oslo Public Boat Ramp Parking and DredgingL APPLICANT: Indian River County Florida Project Elements Quantity Estimated Applicant's Cost FIND Cost (Please list the MAJOR project elements and Cost provide a general cost break out for each one. (Number and/or Footage) For Phase I Projects,please list the major elements and products expected) Dredging 40,000 0 40,000 Dock Extension 20,000 0 20,000 Channel Markers 20,000 0 20,000 'TrarkinR 320,000 12 Boat Trailers 160,000 160,000 10 Vehicles Paving Oslo Road 300,000 190,000 110,000 (Boat Ramp Access) Mitigation 150,000 75,000 75,000 SUB-TOTAL 850,000 425,000 425.000 PRE AGREEMENT EXPENSES 50,000 25%FIND match 37,500 12,500 Consulting Services Design,Permitting,Inspection x TOTALS = $ 900,000 $ 462,500 $ 437,500 51.4% 48.6% F:\Public Works\ENGINEERING DIVISION PROJECTS\0381B-OSLO BOAT RFNP Phase II\Admim\agenda items\attachment-e-5-(form-90-25) 2013.docx.Agenda - lo - 68 GRANT NAME: OSLO BOAT RAMP PARKING AND DREDGING GRANT# AMOUNT OF GRANT: $437,500.00 DEPARTMENT RECEIVING GRANT: Public Works,Engineering Division `"CONTACT PERSON: Michael Nixon TELEPHONE: 226-1986 1. How long is the grant for? Two years Starting Date: October 1,2013 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 51.4 % 5. Grant match amount required ON 462,500.00 6. Where are the matching funds coming from(i.e.In-Kind Services;Reserve for Contingency)? IRC Recreation Impact Fees($200,000.00),Florida Boating Improvements Fund($200,000.00),One Cent Sales Tax ($62,500.00) 7. Does the grant cover capital costs or start-up costs? x Yes No If no,how much do you think will be needed in capital costs or start-up costs: $900,000.00 (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? $ Grant Amount Other Match Costs Not Covered Match Total First Year $437,500.00 $ $462,500.00 $900,000.00 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ ,*mo- Fifth Year $ $ Signature of Preparer Date: ,� —,Z7/,3 F:Tublic Works\ENGINEERING DIVISION PROJETS\038 SBOAT m\agenditems\GrantForm 201docC69 CONSENT AGENDA INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator/ rte.. Department of General Services Date: February 15, 2013 To: The Honorable Board of County Commissioners Thru: Joseph A. Baird, County Administrator From: Michael C. Zito, Assistant County Administrator Subject: Approval of License Agreement for New Resident Sheriffs Deputy at Donald MacDonald Park. DESCRIPTION AND CONDITIONS: In December of 2008, after long standing tenancies with no written leases, the county entered into rent free lease agreements with deputies residing at Donald MacDonald Campground Park, South County Park, and the Fairgrounds. In each case, the tenants brought their own mobile home to the designated site. The County provides water as part of the existing service to the respective Park and the electric bill is 50% cost shared with the County's share not to exceed $150 per month. The county requires that the deputy in residence must have arresting authority and, preferably, a take home marked patrol car. The deputy is expected to provide an off duty security presence at each respective location along with other duties unique to each site. For example, the Deputy residing at Donald McDonald Park also provides weekend assistance to open and close the restrooms at Dale Wimbrow Park. On December 21, 2010, the Board approved "Lease Extensions" for the three deputies with maximum (7) successive terms of two (2) each for a maximum aggregate of sixteen (16) years combined Initial Term and Renewal Terms. The South County Park site is currently vacant and the mobile home has been removed. The former occupant at Donald McDonald Park has recently retired. The Lease at the Fairgrounds is active and in good standing. The County Attorney has recently completed a global review of these security and occupancy arrangements, including the most recent one at Jones Pier, and has determined that License Agreements are the most legally appropriate format to memorialize the terms of these arrangements. The Parks Division has been notified that the prior tenant at Donald MacDonald Campground Park sold her mobile home to Indian River County Sheriff's Deputy, Bryan Klassen. Deputy Klassen is qualified to assume the former Deputy's role and is currently assigned a marked take home patrol car. The attached License Agreement substitutes Deputy Klassen as the Licensee under similar terms and conditions as the Lease Agreement with the prior Deputy in possession. The only substantive change to the Agreement is that the County's cap on the 50% cost share for electric has been reduced from $150 to $75 per month. FAAssistant County Administrator\AGENDA ITEMS\2013\BCC 03-MAR 2013\13CC Memo- Lease-Donald MacDonald Campground Park.doc 70 FUNDING: The County's 50% cost share for the electric is funded out the General Fund Parks Division Account #00121072-034310 and will not exceed $75 per month. No other funding is associated with the performance of this Agreement. RECOMMENDATION: Staff receommends approval of the License Agreement with the new tenant at Donald MacDonald Park with authorization for the Chairman to execute. ATTACHMENTS: License Agreement between Indian River County and Deputy Bryan Klassen. Approved Agenda Item r ' {;, �1 •Indian River Count A ved Date By: ,(� t[�iErt Administration K49 2 Sr L� Jose h A. Baird CountyAttorneyZ Z7-G2 County Administrator Budget 2 27 1 Department For: March 5 2013 Risk Management F:\Assistant County Administrator\AGENDA ITEMS\2013\BCC 03-MAR 2013\13CC Memo- Lease-Donald MacDonald Campground Park.doc 71 AGENDA COPY LICENSE AGREEMENT THIS LICENSE AGREEMENT is entered into as of this day of March, 2013, by and between Indian River County, a political subdivision of the State of Florida, 1801 27`4treet, Vero Beach, FL 32967 ("County"), and Bryan Klassen, a resident of Indian River County, Florida, 12315 Roseland Road, Roseland, FL 32957, ("Klassen"), as follows: WHEREAS, the County owns and operates Donald MacDonald P w�h feature hiking trails, a canoe/kayak launch and a campground; and WHEREAS, Klassen is a Deputy Sheriff with the Indian Riv& CourilT ers-Office; and WHEREAS, the County seeks to have the presence.c a law en—Tftemeid officer in the park to promote the safe and orderly enjoyment of the facilis, including the campground and Klassen seeks to have a location for his mobile home residence" NOW, THEREFORE, for the mutual primes contained herein and other valuable consideration, the receipt and sufficiency of whicfkis%t& by acknowledged, the County and Klassen("the Parties") agree to the terms and-conditid-h—q et-Win this 1. License. County grants to Klasse�revocab` .licei� to use and occupy the real property which property includes a lot vi util�connecons for a mobile home, single car shed and utility shed (collectively "Licensed Pro xty")."Specifically, Klassen is authorized to use Ifto , and occupy the Licensed_-wL ,rty safely a, single family residence for Klassen and his family, and for no othe� „ urp�,se. _ _ 2. Term. The term- s .ense`s _l be two (2) years from the date of approval of this License Agreement b"y-411e Indiat River County Board of County Commissioners. The term shall be suoject To ,renewal fie additional one (1) year terms, upon the mutual agreement if both pies. 3. License Fee. avided Klassen performs all terms and conditions of this License Agreement, Klassen--hall no uired to pay a license fee. 4. Klassen Duties: Klassen shall: a. Provicgeneral security at the Park, including parking a marked or unmarked patrol car (Indian River County Sheriff's Office) on the Licensed Property when Klassen is present on the property; b. Use the Licensed Property as his primary single family residence and reside in no other place. c. Maintain the yard area or the Licensed Property in a mowed, attractive and safe condition; 1 72 AGENDA COPY d. Maintain the single family residence in a safe and attractive condition; e. Arrange and pay for(including deposits, if any) all utilities, including, without limitation, electricity, telephone, cable television, etc. f. Commit no act or omission which would result in waste, damage or destruction t® any portion of the Licensed Property; g. Commit no act or omission which would result in a mortgage, encumance;en or other= right, title or interest in the Licensed Property being acquired by any thi arty; h. Commit no act or omission which would constitute a violation of an 'ppli� local, state or federal law, or a nuisance or annoyance to surro4ndi properties. or--bwners or occupants of surrounding properties; and i. Advise County immediately of any security issues, damage to the-.Licensed Property, or any other events or conditions which could result in dge to t1fe property, liability to County, or any other such adverse impact to the LicensedA�or to County. 5. County's Duties. County shall: Z. a. Repair the Licensed Property, 10the t tHat the`need for repair is not caused by Klassen's negligence, intentig &miscondM or rblation of this License Agreement or applicable law; and b. Commit no act or onaigAen-,which wou =constitute a violation of any applicable local, state or federal lava--. c. The County dAp-roy-Ac waterer the Licensed Premises and shall pump out the septic tank on an ual`w—eis. d. The Coanty reiml se IGAssen for one half(1/2) of Klassen's monthly electric utility bill, up to $7&00 (seven" five dollars) for each monthly electric bill in exchange for Klassen W-0viding�rity,,ter the park. To receive reimbursement, Klassen shall submit the ogg=a,1 FPLC the Parks Superintendent who shall review, approve and submit the bid#,to ft9 ce of Budget and Management for reimbursement. Klassen acknowledges thai�fie is responsible for payment of the FPL bill and that reimbursement will be made to him in his name. Reimbursements do not include any deposits, late fees or penalties. 6. Improvements. Klassen shall make no alterations or improvements to the Licensed Property without the express written approval of County, which may be withheld in the sole and absolute discretion of County. This paragraph does not include improvement to his mobile home residence. 7. Condition of the Licensed Premises. The Leased Property is in "as is" condition without warranty or representation as to its condition. Klassen has examined the Licensed Property and agrees that they are acceptable and suitable for Klassen's use. IVAW 2 73 AGENDA COPY 8. Insurance. Klassen shall obtain (a) a comprehensive general liability insurance policy with respect to the Licensed Property, in the minimum amounts of $100,000 per person and $200,000 per incident, which policy shall name County as an additional insured. Prior to occupancy, Klassen shall provide to County a certificate of insurance confirming that such policy has been obtained and is in full force and effect, and confirming that such poles will not be cancelled without thirty (30) days prior written notice to County. Such policy sl%all be primary to any liability insurance obtained by County with respect to the LicePx131 rty, and (b) such insurance on Klassen's personal property kept on the License Props Klassen deems appropriate. Klassen acknowledges that County will maidta n"o insurance--• applicable to Klassen's personal property. 9. Indemnification. Klassen shall defend, hold harmless and inden3nify C tNy,i hiding its commissioners, officers, employees and agents, from and against- ny and Ar'lairi s, causes of action, losses, damages, expenses (including reason-.at ey's fe ), and other liabilities of any type whatsoever, arising out of or elating to sse�s negligence, intentional misconduct, or violation of this License AgreARent or applicai law. 10. Termination. Notwithstanding any other provision herein er, arty may terminate this License Agreement upon sixty (60) days writtjaptice to the offier, provided, however, that in the event that County determines in its absolute discretion that Klassen's continued occupation of the Licensed t=erty cj�Ld: r `a risk of damage or harm to the License Property or persons on the Licen;-toperty(incldding, without limitation, Klassen), a risk of liability to County, or gtwise wood node in the bests interests of the License Property or County, County.. hall%,ve the-Right to terminate this license agreement immediately upon such shorter wtutten hWce qWCounty determines in its sole and absolute discretion is appropriate�.the ciTeumstkipes. 11. Default. In the eveft ofr defaft the non--defaulting party shall be entitled to all remedies at law or in equity.- – 12. Assiarimenr of L cens;��his_f cense Agreement may not be assigned by Klassen without the writter�permiss of A�Ftounty. Any request to assign this License Agreement must be made in ng to 3 74 AGENDA COPY IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. ATTEST: Jeffrey R. Smith, Clerk of Court BOARD OF COUNTY COMMISSIONERS and Comptroller INDIAN RIVER COUNTY By: BY: Deputy Clerk JOSEPH E. FLESCH_�Cl&airman Approved by BCC: , 2013. Bryan Klassen Approves to form and legal sufficiency: Witness: Vola kwJch, Sr., County Attorney .� Approved" � Y NOW Jo ph A. gird, County Administrator 4 75 CONSENT AGENDA INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator/ `•" Department of General Services Date: February 18, 2013 To: The Honorable Board of County Commissioners Thru: Joseph A. Baird, County Administrator From: Michael C. Zito,Assistant County Administrator Subject: Renewal and Amendment of Agreement for Food Concession Services at Sandridge Golf Club BACKGROUND & ANALYSIS: On February 18, 2010, in response to an RFP, a selection committee came to an agreement with Peggy Cardell & Associates; dba Tee Time Cafe ("Cardell") to operate and manage the snack bar operation at the Sandridge Golf Club. On March 9, 2010, the Board approved the recommendation and the Chairman signed a Lease Agreement for thirty-six (36) months commencing on April 1, 2010 and terminating on March 31, 2013. The original Lease calls for successive 1 year renewal periods not to exceed an aggregate lease term of 10 years. Cardell has proposed a Renewal and Amendment to the original Lease to increase the optional renewal periods to 2 year intervals while retaining the aggregate lease term of 10 years. All other terms of the original Lease will remain in full force and effect. As additional incentive to renew for a 2 year period, Cardell has proposed as a condition of the Lease, that she will make improvements to the Cafe' at her sole expense. The improvements include painting the interior, purchasing and installing several large scale scenic photographs of the golf course, and resurfacing the front of the snack bar. The Agreement may be terminated for cause, or upon the expiration of the 2 year term, and may only be renewed under mutually acceptable terms. FUNDING: The rental revenue to be received shall continue at the rate of Two Thousand Dollars ($2,000.00) per month payable in advance on the first day of each month. RECOMMENDATION: Staff respectfully requests that the Board approve the Renewal and Amendment Agreement and authorize the Chairman to execute the document. ATTACHMENT: Renewal and Amendment of Agreement for Food Concession Services and Lease between Indian River County and Peggy Cardell & Associates, Inc. Approved Agenda Item Indian River County Approved Date By: �n Administration ';2ag x, oseph A. Baird County Attorneyz r3 `"" �� County Administrator Budget 2 Z? t3 (/ Department For: March 5, 2013 Risk Management 76 AGENDA COPY RENEWAL AND AMENDMENT OF AGREEMENT �..- FOR FOOD CONCESSION SERVICES AND LEASE BETWEEN INDIAN RIVER COUNTY and PEGGY CARDELL & ASSOCIATES, INC. This Renewal and Amendment of the Agreement for Food Concessiort Servkes and Lease (the Extension and Amendment) is entered into by and betwe-M .COSY CARDELL & ASSOCIATES, INC., whose address is 1016 36th Avenu -= o Be—AM, Florida 32960 (Cardell) and INDIAN RIVER COUNTY, a political s divis=W of the State of Florida whose address is 1801 27th Street, Vero Beach, Florida 3 6( (County)`- as of the date set forth below as the effective date (the Effective Da-T BACKGROUND FACTS: WHEREAS, the County and Cardell entered :nto an A— `t for Food Concession Services and Lease (Agreement) dated Marc9, 2010; and WHEREAS, in accordance with the Agreement, was provided food concession services to the County at Sandri Golf Club, 5300 73rd Street, Vero Beach, Florida 32963 since April 2010; and WHEREAS, the parties wish toi ene a tdm- of fhe Agreement and amend the terms of the Agreement by this Rer�al and A1Lend bent, NOW, THEREFORE, in coribWerAw of---The mutual benefits to be derived from this agreement and other valmaider4n, the receipt and sufficiency of which is hereby acknowledged, t4 paft t"' r%g Co be legally bound agree as follows: 1. The Backgro iFg F� s=-.s aet forth above are true and correct and are incorporated herby rence.=, 2. SECT1QN I, O=Na-aagra 2. Length of Lease of the Agreement is hereby amended as foiws: SBbjftt to -Did=-parties reaching mutually agreeable terms, the Adir@ga= may be renewable for successive 2 year terms for a maxNnum GT10 years. 3. This Renewal and Amendment shall hereby renew the Agreement on the Effective Date of April 1, 2013 and terminating on March 31, 2015. 4. SECTION I, Paragraph 11. Termination of Contract. Section I Paragraph 11 shall be deleted and replaced by the following Section I Paragraph 11: 11. Termination of Contract. A. This Lease may be terminated by upon its natural expiration provided that 1 77 AGENDA COPY either party provides at least 60 days notice of their intent not to renew the Agreement under mutually acceptable terms. The County may also terminate: (a) upon default by the Tenant in the performance of any provision, covenant, or condition of this Lease to be performed by Tenant hereunder, provided atast thirty (30) days written notice of default is sent by County to Tenant setting frth the default with specificity and further provided such default is not c-' :gdhin forty-five (45) days after such written notice; or (b) promptly in the went Term abandons the Premises before the expiration of the term of this Ilse. 5. SECTION 2 FOOD CONCESSION OPERATION, Paragi h 8. It roiements shall be amended to include the following: Within sixty (60) days of approval of this agreement ,�..Cardell agrees to make the following improvements to the leased premises at Cardelffi!&ole cost and expense: A. Paint the interior of the leased premisesluding walls and trim not including the ceiling. The color of the paint shall be approv� dvance by the Manager of Golf Operations. Painting shall be done by a_qualifid in xperienced and insured to perform this type of work. Cardell and-Iffe`p er §ball use their best efforts to minimize interruption of the daily operations o iie golf cqurs nd concession area. In no case shall concessions be closed for t peed of tinig because of painting. B. Cardell shall purchasezgwd install r ss than four large scale scenic photo prints of Sandridge GolfXluliK'H6 , ager of Golf Operations shall approve of the prints and the location.f their ins`WIlation within the leased premises. C. Cardell shag-rep>a and r%inf'brce the front of the snack bar counter area with a new surface ars apprSwe y tW Manager of Golf Operations. Cardell shall submit plans to the tanager f GAWbperations for prior approval and obtain any permits necessary frorii-_the Cory `building Department for this work. Cardell shall make arrangQ ents a�raeede(jAo continue the operation of the concession area while the work is 1j6" com T Closure of the concession operation shall not be permitted during th&coU f this work. Any jjovisions of the agreement dated March 9, 2010 not specifically amended herein remairin full force and effect. 2 78 AGENDA COPY IN WITNESS WHEREOF, the Board of County Commissioners and Peggy Cardell & Associates, Inc. have caused this Agreement to 'be executed by their respective duly authorized officers. PEGGY CARDELL & BOARD OF COUNTY COWISS A .RS ASSOCIATES, INC. INDIAN RIVER COUNTY; . - IDA . Peggy a I irector Joseph E. Flescf,er, Cha ari Date Signed: Approved: ATTEST: Jeffrey R. Smith, Clerk Approved And Comptroller By: Deputy Clerk J ph aird, County Administrator Approved as to form and legal sufficiency: Deptity County.A ney 3 79 Consent Agenda Indian River County OJ Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Jason E. Brown Director, Office of Managem nt & Budget Date: February 25, 2013 Subject: Fourth of July Fireworks Funding Miscellaneous Budget Amendment 007 Background Information 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. Alternatives New At this time, we are requesting direction from the Board of Commissioners on providing funding for the Fourth of July fireworks displays in Vero Beach and Sebastian. Alternative No. 1: Decline funding the fireworks displays for the Cities of Sebastian and Vero Beach in light of current economic and taxing environments. Alternative No. 2: Approve funding the fireworks displays for the Cities of Sebastian and Vero Beach in the amount of $2,500 each. Staff recommends that any contribution serve as a match for the amount funded by the respective city up to $2,500. Additionally, approve the attached Budget Amendment 007 and Resolution amending the fiscal year 2012/2013 budget. Funding in the amount of $5,000 will be provided from MSTU/Reserve for Contingency. *4.. 80 Board of Commissioners February 25, 2013 Page 2of2 Staff Recommendation Staff recommends that the Board of Commissioners approve Alternative No. 2 for 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. Additionally, Staff recommends the Board of Commissioners approve the attached Budget Amendment 007 and resolution amending the fiscal year 2012/2013 budget. Funding in the amount of $5,000 will be provided from MSTU/Reserve for Contingency. Attachments Letter from Lions Club of Sebastian Budget Resolution APPROVED AGENDA ITEM: Indian River County Approved Date Administrator BY: ` Legal 2,2� • 1 Jose h A. Baird County Administrator Budget /3 Department F March 5, 2013 Risk Management 81 Lions Club of Sebastian,Inc. 000 do Norman I.Meyer,MD 107 Wood Stork Way O Sebastian,FL.32958 Phone 772-581-0526 O Fax 772-571-6084 February 6, 2013 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 Chairperson, 4th of July Celebration Lions Club of Sebastian, Inc. EB 1 2 REVD 82 RESOLUTION NO. 2013- .. A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2012-2013 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2012-2013 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 2012-2013 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 2012=2013 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 Joseph E. Flescher Vice Chairman Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Bob Solari Commissioner Tim Zorc The Chairman thereupon declared this Resolution duly passed and adopted this day of 12013. INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey R. Smith Board of County Commissioners Clerk of Court and Comptroller By BY Deputy Clerk Joseph E. Flescher, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY C'>�� COUNTY ATTORNEYS 3 h' it "A" Resolution No. 2013- .,. Budget Office Approval: r)x Budget Amendment: 007 Jason . Br wn, Budget Director Entry Fund/ Department/ Account Number Increase Decrease Number Account Name 1. Expenses Municipal Service Taxing Unit/ 00410872-041110 $5,000 $0 Recreation / Special Events Municipal Service Taxing Unit/ 00419981-099910 $0 $5,000 Reserve for Contingencies 84 Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of Cou m ' sioners From: Jason E. Brown Director, Office of Management & Bud et Date: February 22, 2013 Subject: Miscellaneous Budget Amendment 008 Description and Conditions The attached budget amendment appropriates funding necessary for the following: 1. On February 5, 2013 the Board of County Commissioners approved acceptance of the 2012 Homeland Security Community Emergency Response Team (CERT) grant. The attached entry appropriates this grant funding in the amount of$6,240. 2. On February 5, 2013 the Board of County Commissioners approved acceptance of the 2010 Homeland Security Community Emergency Response Team (CERT) grant residual funds from prior years. The attached entry appropriates this reallocation in the amount of$10,376. 3. On February 5, 2013 the Board of County Commissioners approved the use of Law Enforcement Trust Fund monies to support the 211 Palm Beach/Treasure Coast Agency in the amount of $2,000; support Crime Stoppers of the Treasure Coast in the amount of $2,500; support "A Child is Missing" in the amount of $1,000; support Substance Awareness Council in the amount of $1,000; support the Mental Health Collaborative in the amount of$8,000; support of the annual Florida Missing Children's Day ceremony in the amount of $1,000; support Homeless Family Center in the amount of $2,000; support Safe Space in the amount of$1,500; and support the Narcotics Overdoes Prevention & Education Task Force in the amount of $4,500. The attached entry appropriates funding. 4. On February 5, 2013 the Board of County Commissioners approved the condemnation, demolition and removal of eight unsafe structures. The attached entry appropriates funding in the amount of$33,400 from M.S.T.U. Fund/ Reserve for Contingency. 5. The Planning Department has incurred overtime in regard to impact fee refunds. The attached entry appropriates $584.00 to reimburse the Planning Department from the Impact Fee Administration Fund. 6. Indian River County has been awarded a new two-year Supportive Housing Program Grant, HMIS Data Quality, in the amount of $58,000. This grant will be administered through the Treasure Coast Homeless Services Council, Inc. and was approved by the Board of County Commissioners on December 4, 2012. The attached entry appropriates funding from the Federal/State grant funds for two years. 7. On February 19, 2013, the Board of County Commissioners approved Geosyntec Consultant's Work Order No. 6 for monitoring the former cattle dip site. The attached entry appropriates $20,785 from Impact Fees/Cash Forward-Oct 1St. 85 Board of County Commissioners February 22, 2013 Page 2 of 3 8. Additional monies are needed in the BCC outside printing account. Municipal Code Corporation updates the Municode Book based on recent ordinance changes. An additional $10,000 is required for the remainder of the fiscal year. The attached entry appropriates funding from General Fund/Reserve for Contingency. 9. The Indian River County Recreation Department has received donations from the Vero Beach Codgers as a contribution grant to support Recreation Department youth activities. The attached budget entry appropriates these donated funds in the amount of$2,740 10. On August 17, 2010 the Board of County Commissioners approved a Local Jobs Grant for NetBoss Technologies, Inc. The current payment of $89,667 will be provided from General Fund/Cash Forward-Oct 15t 11. The Safe Routes to School Grant and an FDOT Grant need to be "rolled over" from FY 11/12. The attached entry appropriates the funding. 12. Indian River County has received SHIP funds in the amount of $55,619. The funding is to be considered as FY 2012-13 funding and should be expended through strategies approved under the Local Housing Assistance Plan covering that year. The attached entry appropriates the funds to SHIP expenses. 13. Indian River County sustained damage at several of the county's beaches and parks as a result .W, of Hurricane Sandy. Boardwalk repairs were completed at 4 county beaches along with dune stabilization projects at 3 beach locations. The attached entry appropriates funding in the amount of $ 8,144 from General Fund/Reserve for Contingency, $139,591 from MSTU Fund/ Cash Forward-Oct 1st and $ 37,837 from Optional Sales Tax/Reserve for Contingency. 14. On February 12, 2013, the Board of County commissioners approved the Assessment Roll and Confirming Resolution for the 7th Place/Pine Tree Park Petition Millings Project. The attached entry appropriates the assessed funding in the amount of $69,156 due from the property owners. 15. Legal fees in the amount of $75,000 and consulting fees in the amount of $50,000 are needed to fund the necessary litigation in regard to the repair of the Administration Building Roof. The attached entry appropriates funding from General Fund/Reserve for Contingency. 16. The J.McLaughlin Corporation's Vero Beach retail office was authorized to donate 10% of sales to a local fire department as a result of the regional impacts from Hurricane Sandy. The $1,361 will be used for new rescue equipment at Fire-Rescue Station 2. The attached entry appropriates the donation to Emergency Services/Fire Rescue/Other Operating Supplies. 17. On March 17, 2009, the Board of County Commissioners approved the Neighborhood Stabilization Program Grant (NSP). On February 15, 2011, the Board of County Commissioners approved the Neighborhood Stabilization Plan-3 (NSP-3).Program Income from the sale of homes is reinvested back into the program. The attached entry appropriates the revenue generated from the sale of homes purchased through these grants. 86 Board of County Commissioners February 22, 2013 Page 3 of 3 18. The Florida Department of Transportation has awarded Indian River County a Service Development Grant in the amount of $300,000, a Corridor Grant in the amount $119,743, a Public Transportation Block Grant in the amount of $368,870 and a Section 5311 Grant in the amount of $ 55,800. The attached entry appropriates these funds to the Community Transportation Coordinator/Senior Resource Association. Staff Recommendation Staff recommends that the Board of Commissioners approve the attached budget resolution amending the fiscal year 2012/2013 budget. Attachments Budget Amendment 008 and Resolution APPROVED AGENDA. ITEM: Indian River County Approved Date Administrator 17 BY- Joseph A. Baird Legal `Z•Z?- l3 County Administrator Budget 2 Z? )3 FOR: March 5, 2013 Department Risk Management Now 87 RESOLUTION NO. 2013- r— A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2012-2013 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2012-2013 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 2012-2013 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 2012-2013 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 Joseph E. Flescher Vice Chairman Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Bob Solari Commissioner Tim Zorc The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2013. INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey R. Smith Board of County Commissioners Clerk of Court and Comptroller By BY Deputy Clerk Joseph E. Flescher, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY COUNTY ATTORNEY xhibit "A" Resolution No.2013- Budget Office Approval: Budget Amendment:008 Jason E. rown, Budget Director Entry Fund/DepartenyXccount Name Account Number Increase Decrease Number 1. Revenue General Fund/lntergovernmental/FY12 CERT Grant 001033-331200-13805 $6,240 $0 Expense General Fund/Emergency Management/Other 00120825-033490-13805 $1,350 $0 Contractual Services/FY12 CERT Grant General Fund/Emergency Management/Outside 00120825-034720-13805 $2,468 $0 Printing/FY12 CERT Grant General Fund/Emergency Management/Other 00120825-035290-13805 $2,422 $0 Operating Supplies/FYI 2 CERT Grant 2. Revenue General Fund/Intergovernmental/FY10 CERT Grant 001033-331200-13804 $10,376 $0 Expense General Fund/Emergency Management/Other 00120825-033490-13804 $7,284 $0 Contractual Services/FY10 CERT Grant General Fund/Emergency Management/Other 00120825-035290-13804 $3,092 $0 Operating Supplies/FY10 CERT Grant 3. Revenue Law Enforcement Trust Fund/Confiscated Property 112035-358220 $12,000 $0 Expense Law Enforcement Trust Fund/Sheriff-Law 11260086-099040 $12,000 $0 Enforcement 4. Expense MSTU Fund/Road&Bridge/Other Contractual Services 00421441-033490 $33,400 $0 MSTU Fund/Reserves/Reserve for Contingency 00419981-099910 $0 $33,400 5. Revenue MSTU/Misc Revenue/Interdept Reimbursement 004038-369950 $584 $0 Expense MSUT/County Planning/Overtime 00420515-011140 $584 $0 6. Revenue HUD Grants/HMIS Data Quality#FL0418B4H091100 136033-331601-13802 $58,000 $0 Expense HUD Grants/HMIS Data Quality#FL0418B4H091100 13616364-088871-13802 $58,000 $0 89 Exhibit "A" Resolution No.2013- Budget Office Approval: Budget Amendment:008 Jason E. rownnrudget Director Entry Fund/Departtne Number `` �ir}HAccount Name Account Number Increase Decrease 7. Revenue Impact Fees/Non-Revenue/Cash Forward-Oct 1st 103039-389040 $20,785 $0 Expense Impact Fees/Parks&Recreation/Land/Wabasso Beach 10321072-066110-07016 $20,785 $0 Parking Expansion 8. Expense General Fund/BCC/Outside Printing 00110111-034720 $10,000 $0 General Fund/Reserves/Reserve for Contingency 00119981-099910 $0 $10,000 9. Revenue MSTU Fund/Other Misc RevenuesNero Codgers 004038-369900-05999 $2,740 $0 Expense MSTU Fund/RecreationNero Codgers 00410872-041120-05999 $2,740 $0 ~` 10. Revenue General Fund/Non-Revenue/Cash Forward-Oct1st 001039-389040 $89,667 $0 Expense General Fund/Agencies/Local Jobs Grant-NetBoss 00111015-088016 $89,667 $0 Tech 11. Revenue MPO/Non-Revenue/Cash Forward-Oct 1st 124039-389040 $7,210 $0 Secondary Road s/I nterg ovt/FDOT SCOP Grant/IR Blvd 109033-334400-12007 $470,063 $0 Resurfacing Expense MPO/Planning/Other Contractual Services/Safe Routes 12420415-033490-12806 $3,212 $0 to School Grant MPO/Planning/Other Operating Supplies/Safe Routes to 12420415-035290-12806 $3,998 $0 School Grant Secondary Roads/Road Resurfacing/IR Blvd-41st to 10921441-053360-12007 $470,063 $0 53rd/Resurfacing 12. Revenue SHIP/Intergovemment/State Housing Initiative Grant 123033-334690 $55,619 $0 Expense SHIP/SHIP Program/Downpayment/Closings Costs 12322869-088050 $55,619 $0 Loan 90 Exhibit "A" Resolution No.2013- Budget Office Approval: Budget Amendment:008 Jason E. rown,Budget Director Entry Fund/Depart ent/ ccount Name Account Number Increase Decrease Number 13. Revenue MSTU Fund/Non-Revenue/Cash Forward-Oct 1 st 004039-389040 $139,591 $0 (­,� Expense General Fund/Parks/Maint-Structure Except 00121072-034660-13001 $8,144 $0 Buildings/Hurricane Sandy General Fund/Reserves/Reserve for Contingency 00119981-099910 $0 $8,144 MSTU Fund/Parks/Maintenance-Dunes/Hurricane 00421072-034750-13001 $139,591 $0 Sandy Optional Sales Tax/Parks/Other Improvements Except 31521072-066390-13001 $37,837 $0 Buildings/Hurricane Sandy Optional Sales Tax/Reserves/Reserve for Contingency 31519981-099910 $0 $37,837 14. Revenue Secondary Roads/Permits-Fees/Capital Improvement 109032-325101 $69,156 $0 Assessments Expense F, Secondary Roads/Petition Paving/7th Place/Pine Tree 10921441-035510-13010 $69,156 $0 Park 15. Expense General Fund/Facilities Management/Other 00122019-033190-13011 $125,000 $0 Professional Svcs/Admin Bldg Roof General Fund/Reserves/Reserve for Contingency 00119981-099910 $0 $125,000 16. Revenue Emergency District/Misc Revenue/Other Contributions- 114038-366090 $1,361 $0 Donations Expense Emergency District/Fire Services/Other Operating 11412022-035290 $1,361 $0 Supplies 17. Revenue CDBG-PGM Income/NSP Grant-Program Income 129038-369919-09128 $259,000 $0 CDBG-PGM Income/NSP 3 Grant-Program Income 130038-369919-11813 $47,203 $0 Expense CDBG-NSP Grant/Closing Funds/Homes for Sale NSP 12913854-088051-09128 $259,000 $0 PGI CDBG-NSP 3 Grant/Closing Funds/Homes for Sale 13013854-088052-11813 $47,203 $0 NSP PGI 91 Zibil "A" Resolution No.2013-Budget Office Approval: Budget Amendment:008 Jason E. rown,Budget Direc Entry Fund/Depart en t/ ccount Name Account Number Increase Decrease Number 18. Revenue General Fund/FDOT/Service Development Grant 001033-334420 $300,000 $0 General Fund/FDOT/Transit Corridor Grant 001033-334407 $119,743 $0 General Fund/FDOT/Public Transportation Block Grant 001033-334450 $368,870 $0 General Fund/FDOT/Section 5311 Grant-SRA 001033-331423 $55,800 $0 Expense General Fund/Agencies/Community Transportation 00111041-088230-54001 $844,413 $0 Coordinator/Senior Resource Association 92 REPLACEMENT AGENDA ITEM Marsh � 2013 Indian River County AGENDA I 'L`hi: SK Interoffice Memorandum Office of Management & Budget To: Members of the Board of C ommissioners From: Jason E. Brown Director, Office of Managem-e t & B dget Date: February 22, 2013 Subject: Miscellaneous Budget Amendment 008 Description and Conditions The attached budget amendment appropriates funding necessary for the following: 1. On February 5, 2013 the Board of County Commissioners approved acceptance of the 2012 Homeland Security Community Emergency Response Team (CERT) grant. The attached entry appropriates this grant funding in the amount of$6,240. 2. On February 5, 2013 the Board of County Commissioners approved acceptance of the 2010 Homeland Security Community Emergency Response Team (CERT) grant residual funds from prior years. The attached entry appropriates this reallocation in the amount of$10,376. 3. On February 5, 2013 the Board of County Commissioners approved the use of Law Enforcement Trust Fund monies to support the 211 Palm Beach/Treasure Coast Agency in the amount of $2,000; support Crime Stoppers of the Treasure Coast in the amount of $2,500; support "A Child is Missing" in the amount of $1,000; support Substance Awareness Council in the amount of$1,000; support the Mental Health Collaborative in the amount of$8,000; support of the annual Florida Missing Children's Day ceremony in the amount of $1,000; support Homeless Family Center in the amount of $2,000; support Safe Space in the amount of $1,500; and support the Narcotics Overdoes Prevention & Education Task Force in the amount of $4,500. The attached entry appropriates funding. 4. On February 5, 2013 the Board of County Commissioners approved the condemnation, demolition and removal of eight unsafe structures. The attached entry appropriates funding in the amount of $33,400 from M.S.T.U. Fund/ Reserve for Contingency. 5. The Planning Department has incurred overtime in regard to impact fee refunds. The attached entry appropriates $584.00 to reimburse the Planning Department from the Impact Fee Administration Fund. 6. Indian River County has been awarded a new two-year Supportive Housing Program Grant, HMIS Data Quality, in the amount of $58,000. This grant will be administered through the Treasure Coast Homeless Services Council, Inc. and was approved by the Board of County Commissioners on December 4, 2012. The attached entry appropriates funding from the Federal/State grant funds for two years. Board of County Commissioners February 22, 2013 Page 2of3 7. Additional monies are needed in the BCC outside printing account. Municipal Code Corporation updates the Municode Book based on recent ordinance changes. An additional $10,000 is required for the remainder of the fiscal year. The attached entry appropriates funding from General Fund/Reserve for Contingency. 8. The Indian River County Recreation Department has received donations from the Vero Beach Codgers as a contribution grant to support Recreation Department youth activities. The attached budget entry appropriates these donated funds in the amount of $2,740 9. On August 17, 2010 the Board of County Commissioners approved a Local Jobs Grant for NetBoss Technologies, Inc. The current payment of $89,667 will be provided from General Fund/Cash Forward-Oct 1st 10. The Safe Routes to School Grant and an FDOT Grant need to be "rolled over" from FY 11/12. The attached entry appropriates the funding. 11. Indian River County has received SHIP funds in the amount of $55,619. The funding is to be considered as FY 2012-13 funding and should be expended through strategies approved under the Local Housing Assistance Plan covering that year. The attached entry appropriates the funds to SHIP expenses. 12. Indian River County sustained damage at several of the county's beaches and parks as a result of Hurricane Sandy. Boardwalk repairs were completed at 4 county beaches along with dune stabilization projects at 3 beach locations. The attached entry appropriates funding in the amount of $ 8,144 from General Fund/Reserve for Contingency, $139,591 from MSTU Fund/ Cash Forward-Oct 1st and $ 37,837 from Optional Sales Tax/Reserve for Contingency. 13. On February 12, 2013, the Board of County commissioners approved the Assessment Roll and Confirming Resolution for the 7th Place/Pine Tree Park Petition Millings Project. The attached entry appropriates the assessed funding in the amount of $69,156 due from the property owners. 14. Legal fees in the amount of $75,000 and consulting fees in the amount of $50,000 are needed to fund the necessary litigation in regard to the repair of the Administration Building Roof. The attached entry appropriates funding from General Fund/Reserve for Contingency. 15. The J.McLaughlin Corporation's Vero Beach retail office was authorized to donate 10% of sales to a local fire department as a result of the regional impacts from Hurricane Sandy. The $1,361 will be used for new rescue equipment at Fire-Rescue Station 2. The attached entry appropriates the donation to Emergency Services/Fire Rescue/Other Operating Supplies. 16. On March 17, 2009, the Board of County Commissioners approved the Neighborhood Stabilization Program Grant (NSP). On February 15, 2011, the Board of County Commissioners approved the Neighborhood Stabilization Plan-3 (NSP-3).Program Income from the sale of homes is reinvested back into the program. The attached entry appropriates the revenue generated from the sale of homes purchased through these grants. 9 A- A - a Board of County Commissioners February 22, 2013 Page 3of3 �... 17. The Florida Department of Transportation has awarded Indian River County a Service Development Grant in the amount of $300,000, a Corridor Grant in the amount $119,743, a Public Transportation Block Grant in the amount of $368,870 and a Section 5311 Grant in the amount of $ 55,800. The attached entry appropriates these funds to the Community Transportation Coordinator/Senior Resource Association. Staff Recommendation Staff recommends that the Board of Commissioners approve the attached budget resolution amending the fiscal year 2012/2013 budget. Attachments Budget Amendment 008 and Resolution APP r OVED AGENDA EM: Indian River county roved Date BY: Administrator � ,. Jos ph A Baird Legal County Administrator Budget FOR: March 5, 2013 Department Risk Management �rrr. qa-A-3 RESOLUTION NO, 2013- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2012-2013 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2012-2013 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 2012-2013 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 2012-2013 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 Joseph E. Flescher Vice Chairman Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Bob Solari Commissioner Tim Zorc The Chairman thereupon declared this Resolution duly passed and adopted this day of 12013. INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey R. Smith Board of County Commissioners Clerk of Court and Comptroller By BY Deputy Clerk Joseph E. Flescher, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY �COLIN ORN Y E Resolution No. 2013- aChibit "A"( ,�✓� Budget Office Approval: Budget Amendment:008 Jason E. rown, Budget Direct r Entry Fund/Depart e Account Name Account Number Increase Decrease Number 1. Revenue General Fund/Intergovernmental/FY12 CERT Grant 001033-331200-13805 $6,240 $0 Expense General Fund/Emergency Management/Other 00120825-033490-13805 $1,350 $0 Contractual Services/FYI 2 CERT Grant General Fund/Emergency Management/Outside 00120825-034720-13805 $2,468 $0 Printing/FY12 CERT Grant General Fund/Emergency Management/Other 00120825-035290-13805 $2,422 $0 Operating Supplies/FY12 CERT Grant 2. Revenue General Fund/Intergovernmental/FY10 CERT Grant 001033-331200-13804 $10,376 $0 Expense General Fund/Emergency Management/Other 00120825-033490-13804 $7,284 $0 Contractual Services/FY10 CERT Grant General Fund/Emergency Management/Other 00120825-035290-13804 $3,092 $0 Operating Supplies/FY10 CERT Grant *4#A W 3. Revenue Law Enforcement Trust Fund/Confiscated Property 112035-358220 $12,000 $0 Expense Law Enforcement Trust Fund/Sheriff-Law 11260086-099040 $12,000 $0 Enforcement 4. Expense MSTU Fund/Road&Bridge/Other Contractual Services 00421441-033490 $33,400 $0 MSTU Fund/Reserves/Reserve for Contingency 00419981-099910 $0 $33,400 5. Revenue MSTU/Misc Revenue/Interdept Reimbursement 004038-369950 $584 $0 Expense MSUT/County Planning/Overtime 00420515-011140 $584 $0 6. Revenue HUD Grants/HMIS Data Quality#FL04181341-1091100 136033-331601-13802 $58,000 $0 Expense HUD Grants/HMIS Data Quality#F1-0418B4H091100 13616364-088871-13802 $58,000 $0 Qa-A-� Exhibit "A" Resolution No.2013- tiLBudget Office Approval: Budget Amendment:008 Jason E. rown, udget Director Entry Fund/Departe ccount Name Account Number Increase Decrease Number 7, Expense General Fund/BCC/Outside Printing 00110111-034720 $10,000 $0 General Fund/Reserves/Reserve for Contingency 00119981-099910 $0 $10,000 8. Revenue MSTU Fund/Other Misc RevenuesNero Codgers 004038-369900-05999 $2,740 $0 Expense MSTU Fund/RecreationNero Codgers 00410872-041120-05999 $2,740 $0 9. Revenue General Fund/Non-Revenue/Cash Forward-Oct1st 001039-389040 $89,667 $0 Expense General Fund/Agencies/Local Jobs Grant-NetBoss 00111015-088016 $89,667 $0 Tech 10. Revenue MPO/Non-Revenue/Cash Forward-Oct 1st 124039-389040 $7,210 $0 Secondary Road s/I ntergovt/FDOT SCOP Grant/IR Blvd 109033-334400-12007 $470,063 $0 Resurfacing Expense MPO/Planning/Other Contractual Services/Safe Routes 12420415-033490-12806 $3,212 $0 to School Grant MPO/Planning/Other Operating Supplies/Safe Routes to 12420415-035290-12806 $3,998 $0 School Grant Secondary Roads/Road Resurfacing/IR Blvd-41st to 10921441-053360-12007 $470,063 $0 53rd/Resurfacing 11. Revenue SHIP/Intergovernment/State Housing Initiative Grant 123033-334690 $55,619 $0 Expense SHIP/SHIP Program/Downpayment/Closings Costs 12322869-088050 $55,619 $0 Loan qa"A" /6 Resolution No.2013- �chibit "A" C Budget Office Approval: Budget Amendment:008 Jason E. rown,7 udget Dire Entry Fund/Depart ent/ ccount Name Account Number Increase Decrease Number 12. Revenue MSTU Fund/Non-Revenue/Cash Forward-Oct 1 st 004039-389040 $139,591 $0 Expense General Fund/Parks/Maint-Structure Except 00121072-034660-13001 $8,144 $0 Buildings/Hurricane Sandy General Fund/Reserves/Reserve for Contingency 00119981-099910 $0 $8,144 MSTU Fund/Parks/Maintenance-Dunes/Hurricane 00421072-034750-13001 $139,591 $0 Sandy Optional Sales Tax/Parks/Other Improvements Except 31521072-066390-13001 $37,837 $0 Buildings/Hurricane Sandy Optional Sales Tax/Reserves/Reserve for Contingency 31519981-099910 $0 $37,837 13. Revenue Secondary Roads/Permits-Fees/Capital Improvement 109032-325101 $69,156 $0 Assessments Expense Secondary Roads/Petition Paving/7th Place/Pine Tree 10921441-035510-13010 $69,156 $0 Park 14. Expense General Fund/Facilities Management/Other 00122019-033190-13011 $125,000 $0 Professional Svcs/Admin Bldg Roof General Fund/Reserves/Reserve for Contingency 00119981-099910 $0 $125,000 15. Revenue Emergency District/Misc Revenue/Other Contributions- 114038-366090 $1,361 $0 Donations Expense Emergency District/Fire Services/Other Operating 11412022-035290 $1,361 $0 Supplies 16. Revenue CDBG-PGM Income/NSP Grant-Program Income 129038-369919-09128 $259,000 $0 CDBG-PGM Income/NSP 3 Grant-Program Income 130038-369919-11813 $47,203 $0 Expense CDBG-NSP Grant/Closing Funds/Homes for Sale NSP 12813854-088051-09128 $259,000 $0 PGI CDBG-NSP 3 Grant/Closing Funds/Homes for Sale 13013854-088052-11813 $47,203 $0 NSP PGI 11"W 9-1- A -7 Exhibit "A" Resolution No.2013- I� Budget Office Approval: Budget Amendment:008 Jason E. Brown, Budget Director Entry Fund/Depa me nt/ ccount Name Account Number Increase Decrease Number 17. Revenue General Fund/FDOT/Service Development Grant 001033-334420 $300,000 $0 General Fund/FDOT/Transit Corridor Grant 001033-334407 $119,743 $0 General Fund/FDOT/Public Transportation Block Grant 001033-334450 $368,870 $0 General Fund/FDOT/Section 5311 Grant-SRA 001033-331423 $55,800 $0 Expense General Fund/Agencies/Community Transportation 00111041-088230-54001 $844,413 $0 Coordinator/Senior Resource Association qa-A- B Leslie R. Swan Supervisor of Elections Indian River County Your Vote Is Your Voice...Speak Up! February 27, 2013 Mr. Joe Baird County Administrator Board of County Commissioners Indian River County 180027 th Street, Building A Vero Beach, FL 32960 Dear Mr. Baird: Per Dori Roy's request, the purpose of my agenda item for the March 5, 2013 Board of County Commissioners meeting is as follows: Legislative Mandate, Accessible Voting Equipment ,..,, F.S. 101.56075 "By the year 2016, persons with disabilities shall vote on a voter interface device that meets the voter accessibility requirements for individuals with disabilities under s. 301 of the federal Help America Vote Act of 2002." Please review the enclosed information. If you have any questions, do not hesitate to contact me. Sincerely, Leslie Rossway Swan Supervisor of Elections Enclosures 437543 rd Avenue, Vero Beach, FL 32967 • (772) 226-3440 • FAX (772) 770-5367 93 ciZii tar vn*nin�i�nrivnr nnm Leslie R. Swan Supervisor of Elections Indian River County Your Vote Is Your Voice...Speak Up! February 27, 2013 Honorable Joe Flescher, Chairman Board of County Commissioners Indian River County 180027 th Street, Building A Vero Beach, FL 32960 Dear Chairman Flescher: As Indian River County Supervisor of Elections, I am writing to inform the members of the Board of County Commissioners that by the year 2016, Florida Statute mandates Indian River County must have a voting system that complies with Florida Statute 101.56075. This statute reads, "By the year 2016, persons with disabilities shall vote on a voter interface device that meets the voter accessibility requirements for individuals with disabilities under s. 301 of the federal Help America Vote Act of 2002." What this means to Florida voter's is that persons with disabilities shall have the opportunity to vote, unassisted, utilizing a paper ballot. The voting unit must be equipped with an audio/tactile interface and the voter's choices are marked on a paper ballot. Background: I want to provide you with some background detailing legislation that has affected voting equipment in Florida during the last several years. In 2001, the Legislature passed the Comprehensive Election Reform Act which banned punch card voting machines. In 2002, Indian River County purchased a new voting system utilizing touchscreen voting equipment at all polling locations. Indian River County paid $1,832,563 for the new voting technology from Sequoia Voting Systems which included voting equipment, software and firmware. 437543 rd Avenue, Vero Beach, FL 32967 • (772) 226-3440 • FAX (772) 770-5367 wivw.voteindianriver.com G3'A•1 February 27, 2013 Page Two (2) During the 2007 Legislative session, House Bill 537 was passed and it required counties in Florida to use marksense ballots (paper ballots) for precinct and early voting sites. It also required a touchscreen voting machine at each precinct and early voting site for voters with disabilities. The Legislature in 2007 provided money for Indian River County to purchase 54 optical scanners and to lease one Ballot-On-Demand printer to be used for early voting. The State gave Indian River County $310,500 to buy 54 optical scanners. That amounted to one optical scanner per precinct with none for training or back-up. A separate grant in the amount of$45,565.81 was available for leasing one Ballot-On-Demand printer for early voting/absentee printing needs and $17,250 for three optical scanners for early voting. At the time, the Department of State knew that the voting system equipment was and still is "vendor specific," and the Legislature did not intend for counties to buy a whole new voting system. The optical scanners were just one component of a voting system. (As I stated above, Indian River County paid approximately$2 million dollars in 2002 for an entire new voting system.) In 2007, Indian River County already had the Sequoia software for the tabulation system, the ballot layout software, the hardware and software to count absentee ballots, and we had the touchscreen voting machines needed to use in each precinct and early voting site for voters with disabilities. The major component that was missing from Indian River County's voting system was the optical scan voting equipment and software to tabulate paper ballots. Legislation also passed in 2007 included Florida Statute 101.56075 (3) which stipulated "By 2012, persons with disabilities shall vote on a voter interface device that meets the voter accessibility requirements for individuals with disabilities under s. 301 of the federal Help America Vote Act of 2002. Under the assumption that by 2012, Indian River County would be required to purchase new voting equipment for persons with disabilities to comply with Florida Statute 101.56075, it made no sense for Indian River County to purchase a whole new voting system at the time. Indian River County chose to upgrade their current Sequoia voting system to comply with House Bill 537 mandating the use of marksense ballots (paper ballots) instead of purchasing a whole new q3-� a February 27, 2013 Page Three (3) voting system. The total cost for implementation of the Sequoia paper ballot voting component in 2008 was $685,565. In 2010, due to the lobbying efforts of the Florida State Association of Supervisors of Elections, the Florida Legislature voted to delay implementation of F.S. 101.56075 — By the year 2016, persons with disabilities shall vote on a voter interface device that meets the voter accessibility requirements for individuals with disabilities under s. 301. of the federal Help America Vote Act of 2002." Counties throughout Florida have either installed voting equipment that satisfies the requirements of F.S. 101.56075 or are in the process of funding and purchasing a voting system that complies with F.S. 101.56075. Also in 2010, Sequoia Voting Systems was acquired by Dominion Voting, Inc. Dominion Voting, Inc. has no device that meets the Legislative mandate outlined in F.S. 101.56075 that is compatible with Indian River County's current voting system, thus Indian River County must purchase a new voting system in the near future. I am bringing this Legislative mandate to the Board's attention so preparations can be made for the 2016 deadline and the costs associated with implementing a new voting system. It would be advantageous to install Indian River County's new voting system well in advance of the January, 2016 Presidential Preference Primary Election. National elections, invoke large voter turnout, therefore, this would not be a good time to introduce a new voting system. The Supervisor of Elections office needs time to conduct a mock election to fine tune the voting procedures utilizing the new voting system, time to train staff and poll workers, and also time to familiarize voters in Indian River County with the operation of the new equipment. My thought was that bringing this mandate to your attention at this time would allow for funds to be set aside during the next two fiscal years for this necessary expenditure. As a side note, at the January 2013 meeting of the Florida State Association of Supervisors of Elections, it was discussed that the Legislature may be supporting the statewide implementation of electronic poll books and assisting individual counties with funds to purchase this equipment. Indian River County already utilizes electronic poll books for early voting and on Election Day. I have contacted our local Legislators and urged them that if the Legislature is allocating funds for counties to purchase electronic poll books, then those counties who already have electronic poll books should be allowed to utilize the funds (allocated for electronic poll books) to help defray the cost to purchase new voting systems. 43,1q•3� February 27, 2013 Page Four (4) 1 also suggested that voting equipment vendors, whose equipment is certified by the State of Florida, should be required to service and have parts available for their voting system for 10 to 20 years. Indian River County's voting system is currently certified by the State of Florida but I am unable to acquire any replacement memory cards. After the November 2012 General Election I contacted our vendor, Dominion Voting (Sequoia) to purchase additional memory cards for our voting equipment, and the representative informed me: "I've had the team hunt for additional inventory but it looks like the remaining inventory is being held as warranty replacements and cannot be used for new sales." Indian River County's voting equipment is out of warranty but still under service contract, and no memory cards are available for purchase from our vendor. My actions to be pro-active in acquiring replacement memory cards was to no avail, which leaves our county in a vulnerable position, considering the numerous memory card failures that occurred in St. Lucie County. Not only does Indian River County need a new voting system to meet the 2016 Legislative mandate, but also we are in a vulnerable position since we are being denied the opportunity to acquire crucial replacement parts for our existing voting equipment. I look forward to working with the Board of County Commissioners to secure funding for a new voting system and working with the County in the bidding process. Sincerely, { Leslie Rossway Swan Supervisor of Elections Enclosures cc: Commissioner Wesley Davis, Commissioner Peter O'Bryan, Commissioner Bob Solari, Commissioner Tim Zorc, and County Administrator Joe Baird b . i d a � � u AV M l K,,fix.. Y c . K , 77V- Uelpul ' G The Florida Legislature passed legislation MANDATING counties to have a voting system that complies with F. S . 101 . 56075 by the year 2016 F.S. 101 .56075 "By the year 2016, persons with disabilities shall vote on a voter interface device that meets the voter accessibility requirements for individuals with disabilities under s. 301 of the Federal Help America Vote Act of 2002. " Interpretation: Persons with disabilities shall have the opportunity to vote, unassisted , utilizing a paper ballot. w w , IM�1111 The voting device for persons with disabilities shall allow the voter to mark selections on a paper ballot independently and privately. The device shall be equipped with : • Audio headset • Braille keypad • Touchscreen • 2 switch pedal .� Sip and puff device CO Timeline : Present legislative mandate to BCC well in advance of the 2016 deadline Purchase a new voting system in FY 2014/2015 Installation of new equipment immediately following 2014 Gubernatorial Election BCC could allocate '/2 of purchase price in a w contingency fund during FY 2013/2014 6 f!r � t I 0, t;: s . �l 1 1 f Background : Year 2000 Punch Card Voting System Palm Beach County's historic Y Y.1 j"kASNOW" 2000 General Election utilizing the "Butterfly Ballot" lead to election reform. ti W Year: 2001 Florida passes . . . Comprehensive Election Reform Act • Punch card machines banned • Counties required to purchase electronic or optical scan precinct-count equipment by 2002 INDIAN RIVER COUNTY Purchased New Voting System from Sequoia Voting , Inc . in 2001 INDIAN RIVER COUNTY'S NEW VOTING SYSTEM (2002) AVC EDGE Touch Screen Unit • Never runs out of ballots • No ballot waste • No need to store voted ballots for retention • No ballot destruction costs after retention period TQ { cN C) INDIAN RIVER COUNTY'S NEW VOTING SYSTEM (2002) 1980's mg,Technology IA y I I W FLORIDA LEGISLATURE PASSES NEW VOTER LAWS 2007 lation 2007 Legis J W ° f 4 � ` •1� f~ Counties must use mark sense on o ballots for tabulationtical scan p voting units. Paper Ballots 1 touc hscreen voting machine required for individuals with - disabilities W w ill! Ri 41 2007 • The Department of State knew that a voting system was, and still is, vendor specific" and the Legislature did not intend for counties to buy a whole new voting system some counties opted to purchase an entirely new voting system) Optical scanners- just one component of a voting system • lRC's voting system missing component • optical scan voting equipment • software to tabulate paper ballots w 2007 Legislation Also included in 2007 Legislation . . . F.S. 101 .56075 "By the year 2012, persons with disabilities shall vote on a voter interface device that meets voter accessibility requirements for individuals with disabilities under s. 301 of the Federal Help America Vote Act of 2002. " W .a INDIAN RIVER COUNTY 2007 Instead of pug rchasin an entire new voting system . . . IRC opted to purchase the required optical scan units from their current vendor Sequoia Voting, Inc. line to implement F.S. 101 .56075, it was With the 2012 dead p w voting system would be required unclear if an entire ne g y again in 2012. w .p 6 2010 Florida Legislature Delays Implementation of F. S . 101 . 56075 `By the year 2016, persons with disabilities shall vote on a voter interface device that meets the voter accessibility requirements for individuals with disabilities under s. 301of the Federal Help America Vote Act of 2002. " J Munoz= 2010 Sequoia Voting Systems is acquired by Dominion Voting , Inc . Dominion Voting , Inc . offers no device that is compatible with Indian River County's current voting system and that meets the Legislative mandate outlined in F.S . 101 .56075 W Prior to 2016 INDIAN RIVER COUNTY Must acquire a new voting system that complies with F. S . 101 . 56075 o Prior to 2016 Not only does IRC need a new voting system to meet the 2016 Legislative mandate . . . . . . Also, because we are being denied the opportunity to acquire crucial replacement parts for our existing voting equipment w P R Possible Funding Assistance Grant from Florida Legislature There has been talk that the Legislature would like all counties to utilize electronic poll books (eliminating paper register books) Advantages of electronic poll books: • Faster voter check-in at the polls • Signals if voter has requested or voted an absentee ballot • Signals if voter has voted during the early voting period • Provides automatic "voter history" to voter's record There is a possibility that the Legislature will assist counties with the purchase of electronic poll books s Indian River County already uses electronic poll books: • Early Voting sites • Election Day precincts I have reached out to our local legislators to request possible grant money targeted for electronic poll books to help defray the cost to purchase a new voting system: • Representative Mayfield • Representative Goodson • Senator Negron • Senator Latvala W OPI OPTIONS: • Buy voting equipment in bulk, pool resources with other counties • Possible trade-in dollars from vendor • Possibly sell existing equipment to other states w .p L In 2007, the Board of County Commissioner made a prudent decision not to purchase a new voting system • IRC had 48 polling locations • Due to consolidation IRC now has 22 polling sites • IRC would have purchased 45% more equipment than currently needed LO U, NEW LEGISLATION IS NEEDED Requiring voting equipment vendors who are certified to sell voting equipment in Florida to service and have parts available for their voting systems for 10 to 20 years , or the life of the equipment. W u CERTIFIED VOTING EQUIPMENT VENDORS IN FLORIDA Election Systems and Software , LLC Dominion Voting Systems , Inc . . g� �q •�b �� �� �. �; t ;. �# ,� ,. �,; � #� � �.,: � �� �� p . . �� � � , :� � , us � p ���;Fsw ��... � .n � � .� � .a ; f. � . �.. �.4 � xa �. �� w � r �: : .�.° �w: . -'� � �.-. , , � � � ., .. ., �, � ., � � � � w w .;..,� _ �` ,� TABLE OF CONTENTS 1. Flowchart-History of Voting Systems in Indian River County since 2000 2. Voting Methods regarding Voters with Disabilities Florida Statutes 101.56075 (Changes from 2007 - 2011) 3. HELP AMERICA VOTE ACT, Section 301, Voting Systems Standards 4. Recommendations for Increased Accessibility & Efficiency in Florida Elections 5. Purchase and Sale of Voting Equipment Florida Statutes 101.293, 101.294, 101.295, 101.5604, 101.5605, 101.5606, 101.56062 6. Purchase, Sale and Uses of Voting Equipment and Systems Rule IS2.004 7. Projected Equipment Needs for Indian River County ,. 8. Correspondence to Legislators from Indian River County Supervisor of Elections 9. Correspondence to Sequoia/Dominion Voting regarding Voting Equipment Inventory 10. Certified Voting Systems in the State of Florida CIS. C • ) Ch. 101 VOTING METHODS AND PROCEDURE I 6.5.2007 ! an other information,specifications,Or documentation (a) After receiving, a balk_t from a1 i inspector Ihe~'� `r.r. y required by the Department of State relating to an elector shall,without leaving the polling place, retire to approved electronic or electromechanical voting syS- a booth Or Compartment and mark the ballot. After pre- tem and its equipment must be filed with the Depart- paring his or her ballot,the•elecfor shall place the ballot ment of State by the supervisor of elections at the time in a secrecy enveinpe with the stub exposed or shall of purchase or implementation.Any such information or fold over that po lOn of, ?�, +c nrnte In votes may be materials that are not on file with and approved by the cast, as instructed, so tihat the ballot will be deposited Department of State,including any updated or modified in the ballot box vvitihoiji.exOosing the voter's choices. materials, may not be used in an election! Before the ballot is deposited in the ballot box, the (b) Within 24 hours after the completion of any logic inspector shall detach the exposed stub and place if in and accuracy test conducted pursuant to s. '101.5612, a separate envelope for audit purposes; when a told- the supervisor of elections shall send by certified mail over ball "'L thr, e entire ballot shall be placed in to the Department of State a copy of the tabulation pro_ ilhe ballot IDOx. grain which was used in the logic and accuracy testing. (b) Any voter who spoils his Or her ballot or 11a.kes (c) The Department of State may, at any time, an error rnay return the ballot to the election official an"I review the voting system of any county to ensure coni- secure another ballot, except that in no case shall a pliance with the Electronic doting Systems Act. voter be furnished rnore than three ballots. if the vote O OO d Section 119.071 1 f applies to all software On tabulation device- has rejected a. ballot, the ba.iloi shall file with the Department of State. be considered spoiled and a neve ballot shall be pro- (2)(a) (2)(a) The Department of State may develop soft- vlded to the voter'_li less the doter choosesfo cast the ® ware for use with an electronic or electrornechanical rejected ballot. The elec''ion official, without examining voting system.The standards and examination prose the original ballot, shall state 'k-he possible reasons for the rejection and shall provide instruction to the Voter dures developed for software apply to all software p1_Irsu211't to S. -1f)1.>c1'i. 4'� spoiled ballot shall be pre- developed by the Department of State. served, Without exarnination, in an envelope provided (b) Software prepared by the Department of State for that purpose. The stub shall be removed from the t! is a public record pursuant to chapter 119 and shall be ballot and placed in an enveilpe. l� provided at the actual cost of duplication. (c) The supervisor of elections snail prepare for History.-s.7,ch.73-156;s.21,ch.77-175;s.4,ch.82-143;s.11,ch.84-302; S.11,ch.89-348;s.25,ch.90-344;s.21,ch.95-398;s.19,ch.2001-40;s.32,ch. each polling place at least Or,e.ballot lbox to Contain the 2004-335;s.41,ch.2005-251. ballots of a particular precinct,and each b-allot box shall 110156075 Voting methods.- be plainly markedmarkedv'!ith tI le name of 'the prrcirlct for v.. . oJ which it is intend-ed. �Q (1) Except as provided in subsection (2), all voting (3) The Depar bner t of Staltz,;hall prOm1-dgate"Lues 'a shall be by marksense ballot utilizing a marking device regarding ac ting procec-)ureas t be I_ised vv!h:n ruh alec- for theose o ur f designating ballot selections. � p f� J g tl"OnIC Or elaC`il:Orh`IrChaniC:a! 'ivtli'ig S!iSBrn is.. of a type (2) Persons with disabilities may vote on a voter which does not i-rti!ize a l: .!!et:.cool or riha:'ksense ballot. interface device that meets the voting system accessr-- (4) In ariy ele tlo'i in'v;,Iit'i"i a.wriie-in c ndiche to has brirty requirements for individuals with disabilities pug- cluall'fi'ed i'o oVica,-'e 3Ui ?r':'i for of e!ecdon:=shall pro• suan't'to s.301 of the federal Help America''rote Act Of vide for writ=:-In voiirlg plirSLl_ti"ii t?rules aclopied by the 2002 and s. 101.56062. Division of Elaciiolhs. 5� ersonS with disabilities shall vote on History. s 3,ch.73-156;s.21 ch.77-175;s.13,ch.81-105;s.5,ch.32-143; s.12,ch.84-302;s.579,ch.95-147;s.Z0,ch.2001-=i0;s.1'I,ch.2002-17;s.36, a voter interlace device that Ineets the voter"access llJl{- ch.2005-277;s.35,ch.2005-278. i'ty requirements l'or individuals with disabilities urlder s. 30-1 of the federal Help America Vote Act o'f 2002 ani d.?h1.51ed�t tic:+(rn+<;:xi I'+ .ra i;rtaf!:rt icy :1��'?nc3ra It•r? s. -101.56062 which are consistent with subsection ('.) The;eIectio1-1-,0.2rci of?.r! Ii i:,,rq_:ishall taus e t1-1=•:!o o'f'this section. ing dew_." rj be I_l_It ii-i C:iCler, sSt, a.dj!.I :ted' llic-I i7I'ctil: History.-s.6,ch.2007-30. ready IOr wail ig 1Pilhen deliver-,2d iv) is 1 t,.il!1i IJ places. 'I+rote. Effective July 1,2008. 3alor a th:e npei iiril j c h:e polls, jh 9 r;(:Oi 1 i"loa.rd Sliall 101.1 608 Voting by ele0voirlic., or COInpa.re u i � 1f I tc+e_;'allOi i n n l i Z''ri l us'--)d ilh ill �I�ctrorlri�eh+•:hni •:tl rn!>yaho t; prop �t�trly:s.- voting devl',,,, 'i U,tr, r.l,:_ ^_trihlJle !.,_llll.-_; 0.Il!l,SiheC! alid ('1) Each elector desiring to vote shall be iden,Mied S%e1'he Ilc!i`i'! `3, f!Liiil!l:3rS, and Ir�i:7,e S tiler'c'i'i ag1'ae and �!h( !!'_moi`+ti'/ ! r eZC)JI I to the clerk or inspector of the election as a duly CILICI's , SLIP'S rvi.Sor of ale�ir>r!s. lied elector of such election i and Shall Sign his or hier gtsL�ry.-s. 10,ch.73-156: 14,c':.?A-24)2;s--t,ch.86-200. narne on the precinct register or other torn or devica provider) by the supervisor. The inspector shall corn- -i O'I,o i i 1 dl'a ?Irra:rdi•s a:=.; ,, el i a h''re .- �al'e tlhe SlCnatLll'e with fife signature Olh'ilhe idv'rliffiCn It i the SUPerV13nr ioi vie'_Cli)ihS =ia11 pi'!:''%ia'� l J g' ( ! tion IJI'OVIdeCI by the elector. if t!le IilSpeotOr IS reason- 111si1'LICtjC,n .% ?._a;!h pol!li'lg placer f1:1r:IInCj'th? thein,i' } ably Sure that the person IS entitled t0 vote, the inspec- O'f VotinCl'VVltil t{"le S?!S e. ih. IPI insfrl_!ciing voters, no Oro 1 or shall provide the person with a ballot. Cinct ofiicia!rr`iC: ic?vor a!i`% poli-J-­ pal"!,!;C'!r1i:Ild- e,or u: (2) When an electronic or eleciroi c ieclhaihical vOiing issue. Such Iii^irt_rCi101h Sha!I shove'i:lha arrangeinerii Gf � S)lstel ih UiIIIZeS a ballot card Or markSenSe ballot, the Ca{hC1lClate and r-!t-IesiiO.IIS {G iia',!Ge�'1 On. iddl'flOi'ta114, following procedures Shall be followed: the sup8r`il oi'Cr:' i'CCIG I shchlj j='rGt!iC!= Ii�Stl"LIC-'6oh oll r-i1 J'/ d Ch.101 VOTING METHODS AND PROCEDUREM t F. 2@Q M s� vide for write-in voting pursuani to rules adopted by the 101.56@�5 �f�torig methods.-- p (1l Except as provided in subsection (2), all voting Division� of Elections.s.21,Ch.77-175;s.13,ch.81-105;s.5,ch.82-143; W ill be by marksense ballot utilizing a marking device s 12,ch.84-302;s.579,ch.95-147;s.20,ch.2001-40;s.11,ch.2002-17;s.36, 3 shy 0 for the purpose of designating ballot selections. ch.2005-277;s.3s,ch.2005-278;S.20,ch.2008-95. (2) Persons with disabilities may vote on a voter 1@i 561@ Inspection�f ballot by election hoard.— interface device that meets the voting system accessi- p bility reoycrre0�leof fl?efor feder�lindividuals l tarp yarneaca /ote F;isabilities cr of ng devic s to be Ur_ The election poi in each orderr, sei,radjus ed and made suant ready for voting when delivered to the polling places. Jp 2002 and s. 101.56062. (10) � ;'`persons with disabilities shall vote on before the opening of the polls,the election board shall jo.ede the a voteuinterface s for in divi?at meets the voter duais with d sabilities under s. voting compabil- rdevices�lwithlots the the ampleballot r ballot srrurnishedused ,and ity r eq ;01 of the federal Help�rnerica Vote/.cot of 2002 and see that the names, nuri?bers, and letters thereon s. -1 of the federal which are consistent with subsection (1) agree and shall certify thereto on forms provided by the supervisor of elections. of this section. I-rrstory.—s.10,ch.73-156;s.14,ch.84-302;S.4,ch.86-200. 1-listcry. 6,ch.2007-30. w voting electronic gr 101.5511 instructions to elector$.— 1@1.—s.6, 1 The supervisor of elections shall provide electromechanical method; procedures.— ( ) (1) Each elector desiring to vote shall be identified instruction at each polling place regarding the I-?annex to the clerk or inspector of the election as a duly quart- of voting with the system. In instructing voters, no pre- to elector or such election and shall sign his or her +srsue official uch r instruction ay rashall ny political rhertarranger�nent of name on the precinct re, isier or other form or device prove e y the supervisor. he inspector Shall Com- candidates and questions to be voted on. /additionally, pare the signature with the signature nature on the identrf CI a- the supervisor of elections shall provide instruction on ion provrce 5Mthe- elector. If the Inspector is reason- voting the sop stern utilized in r method of casting that jurisdiction Such t for the specific - a y surer at fhe person Is entitled to vote, the inspec tion hall be provided at a place which voters roust pass for shall provide the person with a ballot. -to reach the official voting booth. (2) When an electronic or electromechanical voting systemutilizes a ballot card or r narksense ballot, the (2) The supervisor of elections shall have posted at d: each polling place a notice that reads: ",A person who following procedures shall be followed: (a) after receiving a ballot frown d: inspector, the commres or attempts to cornrnit any fraud in connection F elector shall,without leaving the polling place, retire to with voting, votes a fraudulent ballot, or votes more a booth or cornpartrnent and rnark the ballot. ;after than once in an election can be convicted of a felony of j his or her ballot,the elector shall place the bal- the third degree and fined up to$5,000 and/or impris- 1 be oned for up to 5 years." 581,ch.95-147;s.12,ch. lot in a secrecy envelope so that the ballot will History.—S.11,ch.73-156;s.21,ch.77-175;s. deposited in lite VWMr without exposing the voter's 98-129;S.12,ch.2002-17. choices. Pot le(k (b) C'ny voter who spoils his or her ballot or makes 1@'i.`S15'i Tes''sing�?i�rl�r9l�riing e�lariprnenc.— an error may return the ballot to the election official and (I) All electronic or electromechanical voting sys- a j�pt secure another ballot, except that in no case shall a tems shall be thoroughly tested at the conclusion of voter be furnished more than three ballots. If the vote maintenance and prograrnrning. Tests shall be su`rfi- tabulation device has rejected a qai ot, the ballot shall cient to determine that the voting system is properly be considered spoiled and a neve ballot shall be pro- programmed, the election is correctly defined on the vided to the voter unless the voter chooses to cast the voting system, and all of t{?e voting system input, out- ied to ballot.The election official, without examining put, and cornmunication devices are working properly. the original ballot, shall state the possible reasons for (2) C)r any day nc�j ;e.t1han iG stays Wtor't0 the the rejection and shall provide instruction to-the voter c0mrrrencernent of earl; vac�t2,+ as arra ll haw -, s. pursuant-to s. '10-1.5G-11. /•1 spoiled ballot shall be pre- -10.1.657 the, supervis©r of e'rec i" shall 1°�tve: the served, without exarninaiion, in an envelope provided autor-natic taL�tlat'rt �y 2 u.ip+r�:rrt. pirbi'rciy COW4the i to for that purpose. The stub shall be removed from the ascertain o e�t�astcca�t�lh e'r�esWRd ars 'NWI a14 Tfe��v�. If e bal ballot and placed in an envelope. (c) The supervisor of elections shall prepare forlois to be used at the polling Mace on election clay are ailable ai,the tin?e of the testing, the supervisor each polling place at least one ballot box to contain the not av ballots of a particular precinct,anal each ballot laox shall rnay conduct an additional test not more than -10 clays be plainly marked with tl?e narne of the precinct for of tl 2'ts election l^�alf",s€gfv8tntrafleast 49 ho+.rfs pfie�thererto which it is intended. (3') The Department of State shall pros vulgate rules by publicatiOn t1r1Ge:n ave or'inure rr rrspapers of gel? regarding voting procedures to be used when an elec- aralcimutabrirr:thetaou"Myor,i,ihereis:><aneviapaper tropic or electrornechanical voting system is of a type of generat circutatiGk% :z its s. r:iy, by posting tg titre which does not utilize a ballot carol or rnarlcsense ballot. Inotice tri,at least ioxLt;�t^s�ic:uo+is-p4rces ifs the c (4) In any election in which a write-in candidate has The supervisor or the municipal elections official may, qualified for office,-tile supervisor of elections shall pro- at the- time of qualifying, give written notice of the time �• 55 l C3 .�.a . '� • � t�:h.101 �l 516�iCa i1flE�i�tSL�FIND PROCEDU I 2000 nP vide for write-in voting pursuant to rules adopted by the 101.56075 Voting methods. all voting Division of Elections. (1) Except as provided in subsection (2), ivi Divi,,),. -156;ch.73-156;s.21,ch.77-175;s.13, 0;'81-105;s.5,ch.82-143; i narksense ballot LIlII1ZIIly a rnarking device s 12,ch.84-302;s.579,ch.95-147;s.20,ch.2001-40;s.11,ch.2002-17;s.36, shall be by ch.2005-277;s.35,ch.2005-278;S.20,ch.2008-95. fpr the purpose of designating ballot selections. (2) t�ersens with disabilities may vote on a voter 101.5610 inspect1on of ballot i�1f eiect6e�n b®al'd.-- ���stetil access'- shall interface dPvic�That meets the voting i he election board or`each precinct hG cause the vot r wirer,lents for individuals with disabilities Pur- irl devices to be put in order,set,adjusted,and laces. s: bilit re.{ ready for�rotiWg when delivered to the polling p {n1 of the federal Help America Vole/pct of g suant to s. Seim the opening of the polls,file election board shat! 002,and s. -'01.56062 c-rsons with disabilities shall vote on ar-e the ballots or the ballot inforrnailon used in the isabieties under S. voting devices vvith the sarnpa ballots furnished and a•rater iWterface device ilia slicers the voter accessibil- see the Warnes, numbers, ane! letters thereon ity requirements for individuals with d ti federal eral I are consistent with subsection (1) agree and shall certify'thereto on ionl�s provided by the 30.1 of the federal Help r^�.rnerica.Vote Act of 2002 and supervisor of elections. s. 10{.F,60_2 f ch.73-156;s.14,ch.84-302;s.4,ch.66-zoo. rlion. 'rlisrory.—s.10, of'tllis sem 11is4orl.—s,6,ch.2007-30. rel• 161.5611 irl-�strlSCLlf3ri-s L!�Ei�Cibr'�S. :�rGVlde Fey electronic 1 The supervisor of elections shall ,_ 101.5606 nidal g{ rocedmes.— ( ) electre iie?hellical l;leira®J;f5 Instruction at each polling place regarding the rnanner (1) Each elect edesiring or ror!the shall be a duly qualij Of voting with the systern. In insti-LICting voters, a pre to the clerk or insp diner official snag favor any Political party,candidate,oi- nri register or other form or device issue. Suet instruction shall sheini the arrangernerlt of fieri elector of s!!ch election and shall sign his or her Hallie on the pte_i 9or candidates and questions to be voted on. additionally, provided the the+re per he s gIle narl�c oiltheideal tioica- 'the supervisor of elections shall providfor the e instruction on pare the styn� the propert�r�"°de in thatguasdicton. Such u�s ru( tion pro�rided by the elector. !r`the inspector's reason- voting sI to tion shall be provided at a place which voters must pass ably sure that the pe°sorsonn is�rvitheab allot e Lhe IllspeC LO re8eh the official voting booth. tor shall provide the p. posted at (2) VVllen an electronic or electromechanical voting (2) The supervisor of elections shall have rson who each polling place a notice that reads: P system Utilizes a ballot card or rnarksense ballot, the corinlits or arcer-npts to cornmit any fraud in connection following procedures shall be tollowe-d: (a) After receiving a ballot frorn all ilhCecl�et'reho with voting, votes a irauduleni ballot, or of a votes more elector shall,without leaving the polling place, .than once-in an election can be cotw000 andicied lotei�rprior` r•► the third degree and fined up to $5, a booth or compartment and mark the ballot. After oned for up to 5 years„ marking his or her ballot,,?e so that elector st{the b ballot acetlNbell be rlrs'io:y.–s.11,ch.73_15G s.21,ch.77-175;s.s81,on.ss-147;s.iz,ch. lot in a srcrec� ! deposited in the tabulator without exposing the voter's sa-,2s;s.�iz,ch.2002-1 1. of tabulating equipment-- choices. quipment. choices. All electronic or electrornechanicai voting sys- (b) !\ny voter�nrllo spoils his or her ballot or snakes -lrj•i•,61� Testing an error May return the ballot to the election o`rficial and (I) I oc t al nrllirlg. i ests shall be suffi- ` n Wooler ballot, e,(cept that in no case vlote ternsshall andrprogra lesced�c�sths econclusionniProperty L H secure c � voter be turrlished rnore than three ballots. it t{ , O- t= a lo- roclarnWled, the election is correctly defined on the tabr.daf'orl device has rejected a ballot,the ballot shalt etc-fit to determine that the voting �stern input, ou'c- votul s stern, and all of the J I Out- .10' considered spoiled and a new ballot shall be p" PO J vo'tirlc s 0� vided to the voider unless the voter chooses'co cast the g J ons'cor (2) On any clay not snore than 10 riarovidedio�th . JC l ballot.The election official,without exarnininc peri, and corilrluinicatiori de e devices voting r 0 days working for to th. �� rejected all state the Possibl., reds the original ballot, shall e Supervisor of elections shall have the -nent a�spoiled ballot shall be Pre 101.67, ih sr.p the rejection and s{�all hrov{c{e instruction to 'the voter _10-1. en ce1tabul oirlgaec�ripnlent public!`) loured{tto he pursuant to s. 101.,61 ! provided a1_Ico served, vvithou't exarninat{or; ill all en'dc lone p" votes cast for all offiat Ices e OMI-11g placle1on�electiont the day are for that purpose. till stub shall be removed from the ascertain thatrtlet des equipment will Correctly ballot aIle{placed in an envelope. tie (c) he sl_Iper {801" Of c-lections shall prepare for `oto t° due an acklitiollal test Wet snore than 10 clays r lace is r 0.' one ballot bU;('tU coniainhai4 Ilofl available at the utile l the nosrtc{ tiro Sa dlplace each pollulg p ballots o't a particl.ilar precinci,ane!each ballot box s r� L of the test shall be yiveIl at L-st w hours prior thereto be plainlY rnarl(ed wit ion 'the War°fie of 'the precinct for before enation on e in one Or f or.,n. rvsp�.p which it is intended. (3) The Depavirnent of State shall prorriu!gat�w rules by a+{.,I r' votirlc {:11 oc•lit Ot S 'to be used vu{len an lac cal circulation in tile county oi',if there's no newspaper regarding J ed e �,stern e a a type of general circulation in the county, by. the c g the Ironic or electrornecha!licai voting SI - ' to has I he supervisor or the municipal ris ee Wotice teetheial 'ume which dos 11 r, _rtili?�%�{ -.'lot cart!or rnarksense ballot, not'ce'n at least lour conspic�_lous places IIl the county. (L{.) 111 atl!(r Ir' lien in wilich a write-in CcrIICIICa qu ,IrfIeC1'tUYrY'18Ut'o'i elections shall pro- at''elle'nrlle of queaifying, give 55 ter,..• 13 2. CL Ch. 101 � VOTING METHODS AND PROCECfU °' F. 2010 State by the supervisor of elections at the time of deposited in the tabulator without exposing the voter's purchase or implementation. Any such informationor r choices.ny voter who spoils his or her ballot or make an materials that are not on rile�nra and approved d ( ) return the ballot to the election official 5 r secure another ballot, except that in no case shall a Department of State,including any updated or modified error ma materials, may not be used in an election. b) Within 24 hours after the completion°10r1y56g2 tabulat on device hasic voter be furnished ore'ectedtarbal of he If the allot shall D and accuracy test conducted pursuant to s. a be um the supervisor of elections shall send of certified {lelf tabulation p ovloe sl r 1--r-e-;Er voter{un ess t e voter bholoses to{cast n the Department of State p1 e e ectl�n officia, without exam- program which was used in the logic and accuracy a relec e a o ming a original ballot,shall state the possible reasons testing• tune, for the re ection and Shall provide instruction to the voter (c) The Department of State may, at any I review the voting system of any county to ensure pursuant to s. 101.5611. A spoiled ballot shall be � compliance with the Electronic Votinapplies to alltems Act.sof ware ori vided for thalpurpos.The stub shall bet examination, in an eremooved from (d) Section -119.071 rtnie (I)(f) app the ballot and placed in an envelope. file with the Dep part e t State. p (c) The Supervisor of elections shall prepare for (2)(a) The Department tr State may ro develop soft- each polling place ware for use wih an elders anc°II'eeln ii oanolciharoce` cart talar precinct,and each ballot boxshall p ballots of a! voting system. The scan ! to all software be plainly marked with the name of the precinct for dares developed for software app y developed by the Department of State. which Te itis intended. teinded. nt of State shall promulgate rules (b) Software prepared by the Department of State is a public record pursuant to chapter 'I-10 and shall be regarding voting procedures to be used when an provided e the actual cost of duplication. electronic or electromechanical voting systern is of e w type which does not utilize a ballot cart! or rnarksens 1•1islovJ.—s.7,ch.73-156;s.21,ch.77-175;s.4,ch.82-143;S.11,ch.84-302; S.11,ch.89-348;s.25,ch.90-344;s.21,ch.95-398;s.19,ch.2001-40;s.32,ch. ballot. 2004-335;s.41,ch.2005-251. (4) In any election in which a write-in candidate has � 101 � $ � , qualified for Office, the supervisor of elections shall w a provided !n subsection (2), all voting provide for write-in voting pursuant to rules adopted by (1) Except s p' the Division of Elections. shall be by rnarksense ballot utilizing a marking device s.12,ch.84-302;s.579,ch.95-147;s.20,ch.2001-40;s.11,ch.2002-17;s.36,ch. for the purpose of designating ballot selections. Riisiovy.-5.8,ch.73-156•,s.21,ch.77-175;S.13,ch.81-105;S.5,ch.82-1 f (2) Persons with disabilities may vote On a voter 2005-277;s.35,ch.2005-278;S.20,ch.2008-95. . il'rterface device that meets the voting sysier�l accessi- e bility requirements for individuals with disabilities pur- i�l1,5151�4 lrr� 8barn•si'r9 tll�t�'sr el�:stiro� rr�i• suint to s. 301 of the federal Help America Vote Act of The election board of each precinct shall caul and 200 101.56062. voting devices to be put in order, set, adjusted, S.03 rsons with disabilities shall vote on a made ready for voting when delivered 'o the polling voter e evice that meets the voter accessibility places. Be'rore the o ening of the polls, lite election �I board sha tom are the ballots or the ballot Infor' on requirements for individuals with disabilities under S. use rn .c e voting ewes wi'ch the saris e allots 301 of the fedel°al Help America Vote Act of 2002 incl s- furnls e ant se tna t e names numbers,an otters -101.56062 which are consistent with Subsection (1) of ,n spall certify thereto on 'corms dlis section. t ereon agree ecnons. l•lis3ovy--s.6,ch.2007-30;s.5,ch.2010-167. h OVIC eC y.t a SU�ervlS •—s. C _ ;S.14,ch.84-30-2,—S-7=—. 86-200. l�r'1.�5�.®�l �l�tirag Fey �B+rte=ted2m�i? �Qsrr r�l��ctWParracecGa�- iil re��Io �l; rrrl�sv :� - i01.5r5'l'i Urn�aNc9�titns tea rrlt�+trg.-- (-!) Each elector desiring to vote shall be identified to (•I) The supervisor of elections shall provide instruc- ilOn at each polling place regarding the manner of voting the clerk or inspector of the election as a duly qualified elector of such election and sha!l sign his or her name with the system.in instructing voters,no precinct official I nay favor any political party,candidate, Or issue. Such on tile precinct register°r other form or device provided by t{9e supelvisor. The inspector shall compare Ithe instruction shall show the arrangements Y candidates with the signature on the identification pro and questions to be voted on. Additionally, the super- signaturevided by the elector. If the inspector is reasonably sure visor of elections shall provide instruction on the proper that the person is entitled to vote, the inspector shall method of casting a ballot or the specific voting system provide the person with a ba lot. g utilized in that jurisdiction. Such instruction shall be (2) When an electronic oi'electro,rlechanical voting provided at a place which voters must pass to reach the official voting booth. Systenri utilizes a ballot card or rnarlsense ballot, 'the I 2 i he supervisor of elections shall have posted at following procedures shall be followed: (a) After receiving a ballot from an inspector, the ( ) ballot. After cornrnits or attempts'to commit any for`vofesfor�ch�n elector shall,without leaving the polling 1: refire to a each polling place a notice that reads: di person connection booth or cornpartrnent and mark marking his or her envelope so elector Itl e,bll place allot will the once in an election lcan fraudulent convicted of a felony of the ballot in a secrecy 1 .s. 57 �i 4 41 Ch. 101 VOTING METHODS AND PROCEDURE � r S. 2011 materials that are not on file with and approved by the booth or compartment and mark the ballot.°` er ' 1 Department of State,including any updated or modified marking his or her ballot, the elector shall place the materials, may not be used in an election. ballot in a secrecy envelope so that the ballot will be (b) Within 24 hours after the completion of any logic deposited in the tabulator without exposing the voter's and accuracy test conducted pursuant to s. 101.5612, choices. ' the supervisor of elections shall send by certified mail to (b) Any voter who spoils his or her ballot or makes an the Department of State a copy of the tabulation error may return the ballot to the election official and program which was used in the logic and accuracy secure another ballot, exce t that in no case shall a tY' testing. voter be furnished more t an three ballots. If the vote (c) The Department of State may,at any time,review to u atron device has rejected a ballot, the ballot shall the voting system of any county to ensure compliance be considered spoiled and a new ballot shall be with the Electronic Voting Systems Act. provided to the voter unless the voter chooses to cast (d) Section 119.071(1)(f) applies to all software on the rejected ballot. The election official, without exam- file with the Department of State. ining the original ballot, shall state the possible reasons (2)(a) The Department of State may develop soft- for the rejection and shall provide instruction to the voter ware for use with an electronic or electromechanical pursuant to s. 101.5611. A spoiled ballot shall be voting system. The standards and examination proce- preserved, without examination, in an envelope pro- dures developed for software apply to all software vided for that purpose.The stub shall be removed from developed by the Department of State. the ballot and placed in an envelope. (b) Software prepared by the Department of State is (c) The supervisor of elections shall prepare for each a public record pursuant to chapter 119 and shall be polling place at least one ballot box to contain the ballots provided at the actual cost of duplication. of a particular precinct, and each ballot box shall be History,—s.7,ch.73-156;s.21,ch.77-175;s.4,ch.82-143;s.11,ch.84-302; plainly marked with the name of the precinct for which it S.11,ch.89-348;s.25,ch.90-344;s.21,ch.95-398;s.19,ch.2001-40;s.32,ch, 2004-335;s.41,ch.2005-251. is Intended. (3) The Department of State shall promulgate rules 101.56075 Voting methods.-- regarding voting procedures to be used when an (1) Except as provided in subsection (2), all voting electronic or electromechanical voting system is of a shall be by marksense ballot utilizing a marking device type which does not utilize a ballot card or marksense for the purpose of designating ballot selections. ballot. (2) Persons with disabilities may vote on a voter (4) In any election in which a write-in candidate has interface device that meets the voting system accessi- qualified for office, the supervisor of elections shall .. bility requirements for individuals with disabilities pur- provide for write-in voting pursuant to rules adopted by suant to s. 301 of the federal Help America Vote Act of the Division of Elections. 2002 and s. 101.56062. History,—s.8,ch.73-156;s.21,ch.77-175;s.13,ch.81-105;s.5,ch.82-143; s.12,ch.84-302;s.579,ch.95-147;s.20,ch.2001-40;s.11,ch.2002-17;s.36,ch. "- ersons with disabilities shall vote on a 2005-277;s.35,ch.2005-278;s.20,ch.2008-95. voter inte ace evice that meets the voter accessibility requirements for individuals with disabilities under s. 101.5610 Inspection of ballot by election board. 301 of the federal Help America Vote Act of 2002 and s. The election board of each precinct shall cause the -101.56062 which are consistent with subsection (1) of voting devices to be put in order, set, adjusted, and �g0 this section. made ready for voting when delivered to the polling (4) By December 31, 2013, all voting systems places. Before the openinQ of the polls, the election utilized by voters during a state election shall permit board shall compare the ballots or the ballot information (� placement on the ballot of the full text of a constitutional use in a vo Ing devices with the sam le ba ots l amendment or revision containing stricken or under- lurnislied ancl see that the names numbers and letters 1 lined text. thereon agree ana-sFiall cerlIthereto on forms Frrsto[y.--s.b,da.200730;s.5,ch.2010-167;s.33,en.2011 40. provided �y the supervisor of elections. tlistory.—s. 0,ch. ,s. 4,ch.84-302,s.4,c .86-200. 10.1.5606 Voting by electronic or electromecha- nical method; procedures.— 101.551.1 Instructions to electors.— (1) Each elector desiring to vote shall be identified to (1) The supervisor of elections shall provide instruc- the clerk or inspector of the election as a duly qualified tion at each polling place regarding the manner of voting elector of such election and shall sign his or her name with the system. In instructing voters,no precinct official on the precinct register or other form or device provided may favor any political party, candidate,or issue. Such by the supervisor. The inspector shall compare the instruction shall show the arrangement of candidates signature with the signature on the identification pro- and questions to be voted on. Additionally, the super- vided by the elector. If the inspector is reasonably sure visor of elections shall provide instruction on the proper that the person is entitled to vote, the inspector shall method of casting a ballot for the specific voting system provide the person with a ballot. utilized in that jurisdiction. Such instruction shall be (2) When an electronic or electromechanical voting provided at a place which voters must pass to reach the system utilizes a ballot card or marksense ballot, the official voting booth. following procedures shall be followed: (2) The supervisor of elections shall have posted at (a) After receiving a ballot frorn an inspector, the each polling place a notice that reads: "A person who elector shall,without leaving the polling place,retire to a commits or attempts to commit any fraud in connection 58 ` Election Training Reference Manual THE HELP AMERICA VOTE ACT Section 301, Voting System Standards TITLE III--UNIFORM AND NONDISCRIMINATORY ELECTION TECHNOLOGY AND ADMINISTRATION REQUIREMENTS Subtitle A--Requirements SEC. 301. <<NOTE: 42 USC 15481.>> VOTING SYSTEMS STANDARDS. (a) Requirements.--Each voting system used in an election for Federal office shall meet the following requirements: (1) In general.-- (A) Except as provided in subparagraph (B) , the voting system (including any lever voting system, optical scanning voting system, or direct recording electronic system) shall-- (i) permit the voter to verify (in a private and independent manner) the votes selected by the voter on the ballot before the ballot is cast and counted; (ii) provide the voter with the opportunity (in a private and independent manner) to change the ballot or correct any error before the ballot is cast and counted (including the opportunity to correct the error through the issuance of a replacement ballot if the voter was otherwise w.. unable to change the ballot or correct any error) ; and (iii) if the voter selects votes for more than one candidate for a single office-- (I) notify the voter that the voter has selected more than one candidate for a single office on the ballot; (II) notify the voter before the ballot is cast and counted of the effect of casting multiple votes for the office; and (III) provide the voter with the opportunity to correct the ballot before the ballot is cast and counted. (B) A State or jurisdiction that uses a paper ballot voting system, a punch card voting system, or a central count voting system (including mail-in absentee ballots and mail-in ballots) , may meet the requirements of subparagraph (A) (iii) by-- [ [Page 116 STAT. 1705] ] (i) establishing a voter education program specific to that voting system that notifies each voter of the effect of casting multiple votes for an office; and (ii) providing the voter with instructions on Edition: 1112005 2-19 NAVA-Section 301-Voting System Standards q 3 .E I. Election Training Reference Manual how to correct the ballot before it is cast and counted (including instructions on how to correct the error through the issuance of a replacement ballot if the voter was otherwise unable to change the ballot or correct any error) . (C) The voting system shall ensure that any notification required under this paragraph preserves the privacy of the voter and the confidentiality of the ballot. (2) Audit capacity.-- (A) In general.--The voting system shall produce a record with an audit capacity for such system. (B) Manual audit capacity.-- (i) The voting system shall produce a permanent paper record with a manual audit capacity for such system. (ii) The voting system shall provide the voter with an opportunity to change the ballot or correct any error before the permanent paper record is produced. (iii) The paper record produced under subparagraph (A) shall be available as an official record for any recount conducted with respect to any election in which the system is used. (3) Accessibility for individuals with disabilities.--The voting system shall-- (A) be accessible for individuals with disabilities, including nonvisual accessibility for the blind and visually impaired, in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters; (B) satisfy the requirement of subparagraph (A) through the use of at least one direct recording electronic voting system or other voting system equipped for individuals with disabilities at each polling place; and (C) if purchased with funds made available under title II on or after January 1, 2007, meet the voting system standards for disability access (as outlined in this paragraph) . (4) Alternative language accessibility.--The voting system shall provide alternative language accessibility pursuant to the requirements of section 203 of the Voting Rights Act of 1965 (42 U.S.C. 1973aa-la) . (5) Error rates.--The error rate of the voting system in dounting ballots (determined by taking into account only those errors which are attributable to the voting system and not attributable to an act of the voter) shall comply with the error rate standards established under section 3.2 .1 of the voting systems standards issued by the Federal Election Commission which are in effect on the date of the enactment of this Act. (6) Uniform definition of what constitutes a vote.--Each State shall adopt uniform and nondiscriminatory standards that define what constitutes a vote and what will be [ [Page 116 STAT. 1706] ] Md1VA-Section 301-Voting System Standards 2-20 Edition: 1112005 Election Training Reference Manual counted as a vote for each category of voting system used in the State. (b) Voting System Defined.--In this section, the term ' 'voting system' ' means-- (1) the total combination of mechanical, electromechanical, or electronic equipment (including the software, firmware, and documentation required to program, control, and support the equipment) that is used-- (A) to define ballots; (B) to cast and count votes; (C) to report or display election results; and (D) to maintain and produce any audit trail information; and (2) the practices and associated documentation used-- (A) to identify system components and versions of such components; (B) to test the system during its development and maintenance; (C) to maintain records of system errors and defects; (D) to determine specific system changes to be made to a system after the initial qualification of the system; and (E) to make available any materials to the voter (such as notices, instructions, forms, or paper ballots) . (c) Construction.-- ""' (1) In general.--Nothing in this section shall be construed to prohibit a State or jurisdiction which used a particular type of voting system in the elections for Federal office held in November 2000 from using the same type of system after the effective date of this section, so long as the system meets or is modified to meet the requirements of this section. (2) Protection of paper ballot voting systems.--For purposes of subsection (a) (1) (A) (i) , the term ' 'verify' ' may not be defined in a manner that makes it impossible for a paper ballot voting system to meet the requirements of such subsection or to be modified to meet such requirements. (d) Effective Date.--Each State and jurisdiction shall be required to comply with the requirements of this section on and after January 1, 2006. w.- Edition:11/2005 2-21 NAVA-Section 301-Voting System Standards g3.e. 3. - -a NOW WE Recommendations for Increased Accessibility & Efficiency in Florida Elections Prepared by: Secretary of State Ken Detzner Florida Department of State February 4, 2013 Recommendations for Increased Accessibility& Efficiency in Florida Elections Florida Department of State Table of Contents Executive Summary.............................................................Page 3 2012 General Election Overview and Findings............................Page 4 Overview.....................................................................Page 4 EarlyVoting................................................................Page 4 BallotLength.....................................................................Page 5 Absentee Ballots............................................................Page 6 Election Administration...................................................Page 6 Priority Recommendations.....................................................Page 7 Considerations for Effective Elections Administration...................Page 9 Additional Considerations.....................................................Page 11 Closing Commentary..................................................................Page 12 g3 . 97 - 2 Recommendations for Increased Accessibility& Efficiency in Florida Elections Florida Department of State NOW Executive Summary Following the 2012 General Election, Governor Rick Scott tasked Florida Secretary of State Ken Detzner with making recommendations to increase the accessibility and efficiency in Florida Elections. In response to this task and in an effort to make the most beneficial, comprehensive and educated recommendations, Secretary Detzner and a team of Department of State employees from the department's Office of the Secretary, Office of the General Counsel and the Division of Elections' Bureau of Voter Registration Services and Bureau of Voting Systems Certification traveled throughout Florida to meet with county supervisors of elections and their staffs and receive their input on how to improve Florida's election system. Secretary Detzner also sought out and received valuable input from other elected officials and knowledgeable Floridians and organizations such as the Florida State Association of Supervisors of Elections and the League of Women Voters. The Secretary also considered input from Florida voters, poll workers, Miami- Dade's Election Task Force, the Miami-Dade Grand Jury report and Division of Elections' staff. During Secretary Detzner's fact-finding efforts, supervisors of elections and others agreed the 2012 General Election was a fair election as a whole. However, it was similarly believed by all that the election process should be improved upon. The area for improvement most commonly mentioned was the length of lines at polling places, which were believed to have been caused by the record number of voters, a shortened early voting schedule, inadequate voting locations and a long ballot. Other areas for improvement frequently mentioned in the Secretary's meetings included the unprecedented number of"in-person absentee" ballots cast and the burden they put on supervisors of elections to distribute and canvass in a timely manner; the increased number of ' - overall absentee ballots and the time in which they could be requested, mailed and canvassed; deficiencies in the local administration of elections; and the limited funding by county commissions to purchase the best available voting equipment. After evaluating and giving strong consideration to the ideas presented to him by elections experts throughout Florida, and also based on his own experience and knowledge as Florida's chief election officer, Secretary Detzner makes the following recommendations for Governor Scott and the Florida Legislature to consider as a means to improve the accessibility and efficiency in Florida elections: Early Voting • Extend the early voting schedule from a minimum of 8 days to a maximum of 14 days, while also allowing supervisors of elections the flexibility to offer early voting on the Sunday immediately prior to Election Day. • Expand the allowable locations of early voting sites at government owned, managed or occupied facilities to include the main or branch office of a supervisor of elections, a city hall, courthouse, county commission building, public library, civic center, convention center, fairgrounds or stadium. a3 - �- 3 Recommendations for Increased Accessibility& Efficiency in Florida Elections Florida Department of State Ballot Length • Set a word limit for proposed legislative amendments. • Repeal statutes allowing the full text(stricken or underlined) of a constitutional amendment or revision to be placed on a ballot. • Allow mail ballot elections for candidates in certain elections. Furthermore, Secretary Detzner suggests county governments strongly consider making the necessary voting equipment upgrades to meet current voter needs. He also suggests supervisors of elections re-evaluate their 2012 General Election precincts, upload votes earlier in elections to test county systems, establish best practices and ensure contracts with their vendors have safeguards to ensure the warranty, maintenance and upgrading of voting equipment. 2012 General Election Overview and Findings A. Overview During the 2012 General Election, more Floridians voted than in any previous election in Florida history, with more than 8.5 million Floridians casting a ballot. Among these voters, more than half of them voted prior to Election Day. More than 2.4 million Floridians cast a ballot during IWAW the early voting period and nearly 2.4 million Floridians voted an absentee ballot—also a Florida election record. Florida is one of only three southeastern states, and one of only 26 states nationwide, that offers both early voting and no-excuse absentee voting. However, despite the variety of voting methods in Florida, many voters found themselves waiting in line for hours to cast a ballot both during the early voting period and on Election Day. These lines can be attributed, in part, to county supervisors of elections underestimating the turnout of voters in certain precincts. But most, if not all, counties experienced longer wait times than in previous elections due to factors including the record number of voters, a shortened early voting schedule, inadequate voting locations, limited voting equipment and a long ballot. B. Early Voting Changes to the Florida Election Code in 2011 reduced the number of early voting days from 14 to 8, but maintained the same maximum number of hours (96) during the early voting period. These hours included up to 12 hours a day of early voting to allow voters more flexibility to cast a ballot before or after work. However, whether the new early voting hours encouraged more voters to vote early or because fewer early voting days funneled more voters into polling places at the same time, or a combination of both circumstances, several early voting sites in some counties could not manage the volume of voters without enduring excessive and unreasonable waiting times to vote. q3 F- 4 Recommendations for Increased Accessibility& Efficiency in Florida Elections Florida Department of State Due to varying populations, geography and voting habits in Florida counties, "one size does not fit all" for early voting days and hours. Lesser populated counties can be overburdened with extended early voting hours because they are not cost effective or necessary for voters to avoid long lines. Alternatively, some of the higher populated counties can benefit by having longer early voting hours and days. The Sunday before Election Day, in particular, is an example of a "one size does not fit all" day. The vast majority of supervisors of elections prefers and needs to use this Sunday as a day to prepare for Election Day. However, some supervisors of elections strongly believe they are capable of conducting organized elections while also offering this regionally popular day of voting to their voters. Current Florida law restricts early voting locations to the main or branch offices of supervisors of elections, city halls and permanent public libraries. In many circumstances, these sites lack adequate floor space to accommodate voting equipment and voters, have insufficient security and present other logistical issues such as limited parking space for election staff and voters who frequently have to compete with each other and/or the public who are using other parts of the facilities for non-election purposes. If given the flexibility to choose more and larger sites, supervisors could more effectively select early voting locations that meet the geographic needs of their voters and reduce the wait times at these locations. C. Ballot Length The Florida Legislature included 11 proposed constitutional amendments on the 2012 General Election ballot. The additional language for voters to read and consider greatly contributed to the longer than usual lines at polling places. For several counties, compounding the issue of I 1 proposed constitutional amendments was the federal requirement to provide as many as two foreign translations, which extended the ballot up to 12 pages in some areas. As of 2011, 14 counties in Florida must provide the ballot in Spanish. In addition to the time it took to read the amendments, multi-page ballots required more time to place ballots through tabulators and more time to tabulate each ballot. Printing different ballots for each language has been raised as a way to shorten the ballot length, but this option would be expensive for counties and complicated to administer. Unlike other public measures and constitutional amendments proposed by initiative, proposed constitutional amendments by the Legislature are not bound by a 75-word ballot summary limitation. This lack of any word limitation permits the limitless length of a ballot. Additionally, the legislature has the ability to place the full text of a proposed constitutional amendment on the ballot. Florida Statutes presently require that by December 31, 2013, all voting systems must permit the full coded text of constitutional amendments to be placed on a ballot. Therefore, the length of the ballot could possibly be longer if these statutes are implemented. Moreover, implementation issues exist involving the stricken and underlined text on voting systems for visibly impaired voters that will make the section difficult, if not impossible, to conform to federal requirements under the Americans with Disabilities Act and the Help America Vote Act. I3• �'- s Recommendations for Increased Accessibility & Efficiency in Florida Elections Florida Department of State D. Absentee Ballots The 2012 General Election featured a record number of absentee ballots cast, with nearly 2.4 million. Absentee ballots are an effective way to relieve pressure at polling places during the early voting period and on Election Day. However, as the demand for absentee ballots increases, steps must be taken to relieve the pressure they put on supervisors of elections to provide and canvass these ballots in a timely manner. Some supervisors of elections not only had problems with contractors handling the mailing of the absentee ballots on a timely basis, but also had delays with the U.S. Postal Service in the mailing and delivery of the ballots. Additionally, some supervisors of elections did not anticipate and were not prepared for the large number of voters seeking to cast"in-person absentee"ballots at the supervisor's office instead of voting a regular ballot at an early voting or Election Day location. The increase of"in-person absentee" voting can primarily be attributed to political activism and the media attention created by a lawsuit asking Broward, Miami-Dade and Palm Beach counties to offer"in-person absentee" voting, although the law already allowed the counties to do so. The simultaneous casting of"in-person absentee"ballots and early voting occurring at the supervisors of elections' offices created confusion and long lines. In effect, voters were using "in-person absentee"ballots as a substitute for early voting or as an alternative to going to their precinct. Absentee ballots require additional time to canvass compared to regular ballots because absentee ballots must be individually reviewed by a canvassing board to ensure every signature matches a voter's signature on file. A supervisor of elections is typically one of the three members on a canvassing board and the additional time he or she must spend canvassing absentee ballots is less time the supervisor has to administer the election. Supervisors of elections may begin canvassing ballots 15 days prior to Election Day. In some cases, counties will have already received tens of thousands of absentee ballots by this date. For supervisors to be best prepared for Election Day, absentee ballots should be nearly, if not entirely, counted by the Sunday before Election Day. However, this may not be logistically possible under current law for some counties. Furthermore, the significant increase of regular and "in-person absentee"ballots required many supervisors to continue canvassing absentee ballots days after Election Day. Due to the close margin of votes between President Barack Obama and Governor Mitt Romney, the media was highly critical of Florida's inability to have all of its absentee ballots counted on Election Day, even though this is not required by law. The first unofficial report of General Election results is not due until the fourth day after an election. As a result of the continued canvassing of absentee ballots, however, the media falsely reported Florida was the last state to finish counting ballots. The reality is that many states were counting ballots after Florida, but their margin of victory was enough for the media to "call"those elections. E. Election Administration Even when a state has the best election laws possible, it requires the proper administration of those election laws at the local level to have a successful election. For this reason, supervisors of elections have a responsibility to make the proper preparations for an election and their county 13- F ' 6 Recommendations for Increased Accessibility& Efficiency in Florida Elections Florida Department of State commissions have the responsibility to provide the appropriate support to meet these needs. Overall, supervisors of elections were very successful in the administration of the 2012 General Election. However, some counties failed to prepare effectively and it reflected poorly on the entire state. The use of outdated voting equipment created issues during the 2012 General Election. Upgraded equipment could have prevented issues in some counties such as memory card failures. Additionally, some Florida counties continue to operate without utilizing technological advances, such as electronic poll books, which can shorten the time it takes to do voter intake and minimize the possibility of dual voting fraud. In addition to technological shortcomings in some counties, supervisors of elections who delayed the realignment of precincts until after the election required some voters in the same precinct to have different ballot styles, which created additional time consuming quality assurance steps, which further impacted the voting time for voters in large precincts and those with the heaviest turnout. Delays at the polling place were also caused by supervisors of elections who used fixed formulas to distribute vote scanners to precincts based on the number of registered voters rather than based on turnout. Priority Recommendations 1. Extend the Early Voting Schedule �.r. Amend § 101.657(l)(d), Fla. Stat., to require supervisors of elections to offer at least eight consecutive days of early voting with the flexibility to extend up to 14 consecutive days of early voting, ending on either the Saturday or Sunday immediately prior to Election Day. Current Law: Early voting begins on the 10th day before an election and ends on the 3rd day(Saturday) before the election. 2. Expand the Definition of an Early Voting Site Amend § 101.657(1)(a), Fla. Stat., to expand the allowable locations of early voting sites at government owned, managed or occupied facilities to include the main or branch office of a supervisor of elections, a city hall, courthouse, county commission building, public library, civic center, convention center, fairgrounds or stadium, which will benefit voters by increasing the size of early voting locations and improve their indoor occupancy and outdoor parking availability. Current Law: Early voting locations are limited to the main or branch office of the supervisor. However, for a branch office to be used for early voting, it must be a permanent facility of the supervisor and .,, been designated and used as such for at least one year prior to the election. The supervisor may Q3- F - 7 Recommendations for Increased Accessibility& Efficiency in Florida Elections Florida Department of State also designate any city hall or permanent public library facility as early voting sites. However, if so designated, these sites must be geographically located so as to provide all voters in the county an equal opportunity to cast a ballot, insofar as is possible. 3. Limit Ballot Length a. Set a word limit for proposed legislative amendments. Amend § 101.161(1) and (3)(a), Fla. Stat., to set a word limit for proposed constitutional amendments or revisions made by the Florida Legislature, unless it is determined by an extraordinary vote of the Legislature that 75 words or less cannot effectively summarize an amendment's intention and allow voters the information they need to vote in favor or against it. Current Law: All constitutional amendments and other public measures on the ballot are limited to a 75- word ballot summary in § 101.161(1), Fla. Stat., except constitutional amendments or revisions proposed by joint resolution. In 2011, the statute created an expedited judicial review process for constitutional amendments proposed by joint resolution and permitted the legislature to provide one or more ballot summaries (to include the full text of the amendment) set forth in order of priority in the joint resolution so that if a court declared all ,», the summaries defective the Attorney General must rewrite the summary to correct the deficiencies. b. Allow mail ballot elections for candidates in certain elections. Amend the Mail Ballot Election Act(§§ 101.6101 — 101.6107, Fla. Stat.) to allow mail ballot elections involving candidates in special district elections (e.g., community development districts, fire control districts, soil and water conservation districts). Current Law: No election in which any candidate is nominated, elected, retained or recalled may be a mail- ballot only election; nor may a mail ballot election be held on the same day as another election. c. Repeal statutes allowing the full text(stricken or underlined) of a constitutional amendment on a ballot. Repeal § 101.56075(4), Fla. Stat. and § 101.161(3)(b)3., Fla. Stat., which allow the full text (stricken or underlined) of a constitutional amendment or revision to be placed on a ballot. Recommendations for Increased Accessibility & Efficiency in Florida Elections Florida Department of State Current Law: By December 31, 2013, all voting systems utilized by voters during a state election shall permit placement on the ballot of the full text of a constitutional amendment or revision containing stricken or underlined text. Furthermore, a ballot statement that consists of the full text of an amendment or revision shall be presumed to be a clear and unambiguous statement of the substance and effect of the amendment or revision, providing fair notice to the electors of the content of the amendment or revision and sufficiently advising electors of the issue upon which they are to vote. Considerations for Effective Election Administration Absentee Ballot Voting 1. Establish an earlier timeframe for absentee ballot mailings and requests and an earlier timeframe to canvass absentee ballots. Amend § 101.62, Fla. Stat., and mitigate the possibility of mail delivery delays by revising the deadline to request an absentee ballot to be mailed to be at least 10 days before an election and the deadline for the supervisor of elections to mail the ballot to be at least eight days before an election. Also, revise the mailing period for absentee ballots to non- UOCAVA (Uniformed and Overseas Citizens Absentee Voting Act) voters who have requested an absentee ballot to between the 45th and 35th days before an election. Supervisors of elections should also be allowed to begin canvassing these absentee ballots earlier than the current statutes allow. Current Law: The deadline to request an absentee ballot to be mailed is six days before the election and the deadline for the supervisor of elections to mail the ballot is four days before the election. Meanwhile, non-UOCAVA absentee ballots must be mailed between the 35th and 28th day before Election Day. The deadline for UOCAVA ballots to be mailed is 45 days prior to Election Day. Canvassing of absentee ballots may begin 15 days prior to Election Day. 2. Improve"In-person Absentee" Voting "In-person absentee" voting, as currently implemented, has created a de facto early voting extension that can interfere with Election Day preparations and delay election results until after Election Day. Suggestions to make the voting process more efficient in the days leading up to Election Day include requiring in-person voters to cast a ballot at early voting sites during early voting or at a voting precinct on Election Day rather than at a supervisors of elections office, which requires additional staff time to facilitate and canvass. Considerations should also be given to whether"in-person absentee"voting is necessary on the day before Election Day if the voter is able to vote on Election Day. q' 3 9 Recommendations for Increased Accessibility& Efficiency in Florida Elections Florida Department of State Current Law: "In-person absentee" voting may occur before or on Election Day. Current law allows a voter to pick up his or her absentee ballot from the supervisor of elections office at any time up to 7:00 p.m. on Election Day. While at the supervisor of elections office, the voter may choose to mark it and turn the ballot in rather than mail it at a later time. Elections Management 1. Add Alternates to County Canvassing Boards Amend § 102.141, Fla. Stat. to allow a chief judge of the judicial circuit to appoint two alternate members to each county canvassing board. The chair of the county canvassing board or his or her designee will designate which three members comprise the official board at any of its meetings. Current Law: A county canvassing board consists of three members: a county judge who serves as chair, the chair of the board of county commissioners and the supervisor of elections. A majority vote governs the canvassing board's decisions. 2. Allow Fines for Underperforming Voting Vendors Provide authority to the Secretary of State to make vendors of certified voting systems in Florida more accountable by imposing fines and administrative actions against vendors whose systems do not perform at a high level. Current Law: The Secretary of State must certify a voting system before it may be used in Florida. However, the Secretary has no authority other than decertifying the equipment if it should later develop problems or the vendor fails to keep the system serviceable and performing at a high level. 3. Require Supervisors of Elections to Upload Results Earlier Supervisors of Elections should be required to do an early, but not public, upload of early voting and absentee voting results through the end of the early voting period. Although currently permitted, not all supervisors of elections upload any early results before Election Day. An early upload can help flag or identify issues with technology or administration issues and provide an opportunity to more timely address any issues before Election Day. Current Law: Supervisors of elections can wait until Election Day to begin uploading voting results. 93 -�- 10 Recommendations for Increased Accessibility& Efficiency in Florida Elections Florida Department of State �.,. Additional Considerations 1. Signature Updates—Allow signature updates to be made from paper precinct register/electronic poll books, early voting certificates and absentee ballot certificates (if counted). Current law only allows signature updates to be accepted from a completed application form. These signature updates would ensure more current signatures are on record. 2. Absentee Voters with New Addresses—Allow the absentee ballot of a voter who makes an address change after casting an absentee ballot to be counted in the county in which the absentee ballot was cast. Currently, a voter remains on the rolls for purposes of counting his or her absentee ballot if the voter dies on or before Election Day. The same consideration should be applied to voters who move after casting their ballot. 3. Florida Election Emergency Act—Revise the Florida Election Emergency Act, which has not been updated since it was enacted in 1992. During Hurricane Sandy, several Florida voters were either visiting or serving as first responders in the impact area and were unable to return home to vote. Additionally, the storm impacted major city hubs and could have delayed the delivery of absentee ballots if the mail had not been rerouted. Updates should be made to allow Floridians in such circumstances to vote. 4. Voter Registration Processing—Require paper voter registrations, including signatures to be scanned and entered within seven days of receipt in the office of any voter registration official. The current timeframe is 13 days. A shorter timeframe, however, would ensure more timely notice for voters who need to provide missing information in order to become a registered voter in time for an election. 5. Voter Registration Records—Allow the official voter registration record to be the application image or information that is in the statewide voter registration system. This change would minimize the paper transfer of voter registration applications from one official to another as long as the image is properly scanned and recorded in the voter registration system. 6. Supervisor of Elections Continuing Education —The Florida State Association of Supervisors of Elections, individual supervisors of elections and the Division of Elections should work closely to identify and promote best practices from around the state that are continually revised and communicated to election officials and their staff in routine trainings conducted online and in person. This effort should include new supervisors of elections to undergo a minimum number of hours of certified training and testing on the Election Code. 7. Local Administration of Elections — Supervisors of elections should strongly consider the following ideas presented during Secretary Detzner's fact-finding efforts: a. Purchase certified voting equipment that reflects advances in technology. Q3 - fi' 11 Recommendations for Increased Accessibility& Efficiency in Florida Elections Florida Department of State b. Review their precincts from the 2012 general election and determine whether the number used, their locations and any combining of precincts created longer than acceptable voting lines. If so, supervisors of elections should re-precinct their voting locations. c. Ensure contracts with voting equipment vendors have sufficient safeguards within them to guarantee the warranty, maintenance and upgrading of the equipment meets voter needs. Closing Commentary I can confidently say Florida conducted a fair election in 2012. But I am just as confident we can improve upon the election, because every election can be improved upon. Technology changes, needs change, voter behavior changes and experience encourages more innovation. In 2013, Florida can make the right adjustments again because it is what Florida voters expect, need and deserve. Voter confidence must be restored. Furthermore, the local administration of an election is a key component to the success of an election. All of Florida's 67 county supervisors of elections (all but one of whom are elected) are responsible for making the right decisions for their county. Their constituents rely on them to ensure elections are accessible, efficient and fair. Similarly, supervisors of elections rely on county commissions to ensure they have the necessary support to conduct an election properly. One county or precinct that does not properly serve its voters does a disservice for the entire state ""' and has the potential to cloud the positive steps taken by the rest of the state to conduct an accessible and efficient election. Supervisors of elections and county commissions must take it upon themselves to oversee elections through responsible leadership and efficient administration. Similarly, the Florida Legislature must ensure Florida has the best election laws possible in which supervisors of elections may operate. - Secretary of State Ken Detzner q - f - 12 F.S. 2012 VOTING METHODS AND PROCEDURE Ch. 101 when there is only one candidate of any political party purchase of such equipment to the extent that the qualified for an office, the name of the candidate shall potential benefits derived from competitive sealed bids not be printed on the primary election ballot, and such or competitive sealed proposals are outweighed by the r.w candidate shall be declared nominated for the office. detrimental effects of a delay in the acquisition of such (2) Any candidate for party executive committee equipment; or member who has qualified as prescribed by law is (b) If a majority of the governing body finds that there entitled to have his or her name printed on the primary is but a single source from which suitable equipment election ballot. However, when there is only one may be obtained. candidate of any political party qualified for such an office,the name of the candidate shall not be printed on If such conditions are found to exist, the chair of the the primary election ballot, and such candidate shall be governing body shall certify to the Division of Elections declared elected to the state or county executive the situation and conditions requiring an exception to committee. the competitive sealed bidding and competitive sealed History.-s.27,ch.sass,1913;RGS 331;CGL 388;s.3,ch.26870,1951;s.1, proposal requirements of this section. Such certification 15,ch .2005 286,65-378;s.16,ch.77-175;s.21,ch.89-338;s.561,ch.95-147;S. shall be maintained on file by the division. Note.-Former ss.102.34,99.041. (2) The Division of Elections of the Department of State shall establish bidding procedures for carrying out 101.254 When nominated names to appear in the provisions and the intent of ss. 101.292-101.295, groups or districts.-When an office requires the and each governing body shall follow the procedures so nomination of more than one candidate, as many established. groups or districts shall be numerically designated as History.-s.2,ch.72-303;s.18,ch.73-156;s.38,ch.73-333;s.16,ch.77-175; there are vacancies to be filled by nomination. Each s.5,ch.84-302;s.6,ch.89-348;S.1,ch.90-268;s.566,ch.95-147. candidate shall indicate on his or her qualifying papers the group or district in which the candidate desires his or 101.294 Purchase and sale of voting equipment. her name to appear on the ballot. In addition, any (1) The Division of Elections of the Department of candidate qualifying by the petition method must State shall adopt uniform rules for the purchase, use, indicate on his or her petition prior to circulating such and sale of voting equipment in the state. No governing petition, which group or district for which the candidate body shall purchase or cause to be purchased any is attempting to qualify. voting equipment unless such equipment has been History.-s.52,ch.6469,1913;s.8,ch.6874,1915;RGS 356;CGL 413;s.3, certified for use in this state by the Department of State. 95-14770,1951;s.6,ch.65-378;s.16,ch.77-175;s.23,ch.89-338;s.563,ch. (2) Any governing body contemplating the purchase Note.-Former ss.102.49,99.051. or sale of voting equipment shall notify the Division of `�"' Elections of such considerations. The division shall 101.292 Definitions; ss. 101.292-101.295.-As attempt to coordinate the sale of excess or outmoded used in ss. 101.292-101.295, the following terms shall equipment by one county with purchases of necessary have the following meanings: equipment by other counties. (1) "Governing body" means the board of county (3) The division shall inform the governing bodies of commissioners of a county or any other governing body the various counties of the state of the availability of new empowered by general or special act or local ordinance or used voting equipment and of sources available for to purchase or sell voting equipment. obtaining such equipment. (2) "Voting equipment" means electronic or electro- (4) A vendor of voting equipment may not provide an mechanical voting systems, voting devices, and auto- uncertified voting system, voting system component, or matic tabulating equipment as defined in s. 101.5603, voting system upgrade to a local governing body or as well as materials, parts, or other equipment neces- supervisor of elections in this state. sary for the operation and maintenance of such systems (5) Before or in conjunction with providing a voting and devices, the individual or combined retail value of system, voting system component, or voting system which is in excess of the threshold amount for CATE- upgrade, the vendor shall provide the local governing GORY TWO purchases provided in s. 287.017. body or supervisor of elections with a sworn certification (3) "Purchase" means a contract for the purchase, that the voting system, voting system component, or lease, rental, or other acquisition of voting equipment. voting system upgrade being provided has been History.-s.2,ch.72-303;s.17,ch.73-156;s.16,ch.77-175;s.4,ch.84-302; certified by the Division of Elections. s.5,ch.89-348;s.32,ch.90-268;s.10,ch.2001-40. History.-s.2,ch.72-303;s.19,ch.73-156;s.17,ch.77-175;s.6,ch.84.302; s.31,ch.2005-277. 101.293 Competitive sealed bids and proposals required.- 101.295 Penalties for violation.- (1) Any purchase of voting equipment,the individual (1) Any member of a governing body which pur- or combined retail value of which is in excess of the chases or sells voting equipment in violation of the threshold amount for CATEGORY TWO purchases provisions of ss. 101.292-101.295, which member provided in s. 287.017, by a governing body shall be knowingly votes to purchase or sell voting equipment by means of competitive sealed bids or competitive in violation of the provisions of ss. 101.292-101.295, is sealed proposals from at least two bidders, except guilty of a misdemeanor of the first degree, punishable under the following conditions: as provided by s. 775.082 or s. 775.083, and shall be (a) If a majority of the governing body agrees by vote subject to suspension from office on the grounds of that an emergency situation exists in regard to the malfeasance. 53 93.6. 1. F.S. 2012 VOTING METHODS AND PROCEDURE Ch. 101 101.5601 Short title.—Sections 101.5601- 101.56042 Punch card type systems prohibited. 101.5614 may be cited as the "Electronic Voting Effective September 2, 2002, a voting system that uses Systems Act." an apparatus or device for the piercing of ballots by the History.—s.1,ch.73-156;s.9,ch.2002-17. voter may not be used in this state. History. s.17,ch.2001-40. 101.5602 Purpose.—The purpose of this act is to authorize the use of electronic and electromechanical 101.5605 Examination and approval of equip- voting systems in which votes are registered electro- ment.— nically or are tabulated on automatic tabulating equip- (1) The Department of State shall publicly examine ment or data processing equipment. all makes of electronic or electromechanical voting History.—s.2,ch.73-156;s.21,ch.77-175;s.7,ch.84-302. systems submitted to it and determine whether the systems comply with the requirements of s. 101.5606. 101.5603 Definitions relating to Electronic Vot- (2)(a) Any person owning or interested in an electro- ing Systems Act.—As used in this act, the term: nic or electromechanical voting system may submit it to (1) "Automatic tabulating equipment"includes appa- the Department of State for examination. The vote ratus necessary to automatically examine, count, and counting segment shall be certified after a satisfactory record votes. evaluation testing has been performed according to the (2) "Ballot" means the card, tape, or other vehicle standards adopted under s. 101.015(1). This testing upon which the elector's choices are recorded. shall include, but is not limited to, testing of all software (3) "Ballot information" means the material contain- required for the voting system's operation; the ballot ing the names of offices and candidates and the reader; the rote processor, especially in its logic and questions to be voted on. memory components; the digital printer; the fail-safe (4) "Electronic or electromechanical voting system" operations; the counting center environmental require- means a system of casting votes by use of voting ments; and the equipment reliability estimate. For the devices or marking devices and counting ballots by purpose of assisting in examining the system, the employing automatic tabulating equipment or data department shall employ or contract for services of at processing equipment, and the term includes touchsc- least one individual who is expert in one or more fields of reen systems. data processing, mechanical engineering, and public (5) "Marking device"means any approved device for administration and shall require from the individual a marking a ballot with ink or other substance which will written report of his or her examination. enable the ballot to be tabulated by means of automatic (b) The person submitting a system for approval or tabulating equipment. the board of county commissioners of any county (6) "Secrecy envelope" means an opaque device, seeking approval of a given system shall reimburse used for enclosing a marked ballot, which conceals the the Department of State in an amount equal to the voter's choices. actual costs incurred by the department in examining (7) "Software" means the programs and routines the system. Such reimbursement shall be made used to employ and control the capabilities of data whether or not the system is approved by the depart- processing hardware, including, without limitation, op- ment. erating systems, compilers,assemblers, utilities, library (c) Neither the Secretary of State nor any examiner routines, maintenance routines, applications, and com- shall have any pecuniary interest in any voting equip- puter networking programs. ment. (8) "Voting device" means an apparatus by which (d) The Department of State shall approve or dis- votes are registered electronically. approve any voting system submitted to it within 90 days History.—s.3,ch.73-156;s.21,ch.77-175;s.8,ch.84-302;s.8,ch.89-348;s. after the date of its initial submission. 15,ch.2001-40. (3)(a) Within 30 days after completing the examina- tion and upon approval of any electronic or electro- 101.5604 Adoption of system; procurement of mechanical voting system, the Department of State equipment; commercial tabulations The board of shall make and maintain a report on the system, county commissioners of any county, at any regular together with a written or printed description and meeting or a special meeting called for the purpose, drawings and photographs clearly identifying the sys- may, upon consultation with the supervisor of elections, tem and the operation thereof. As soon as practicable adopt, purchase or otherwise procure, and provide for after such filing, the department shall send a notice of the use of any electronic or electromechanical voting certification and, upon request, a copy of the report to system approved by the Department of State in all or a the governing bodies of the respective counties of the portion of the election precincts of that county. There- state. Any voting system that does not receive the after the electronic or electromechanical voting system approval of the department shall not be adopted for or may be used for voting at all elections for public and used at any election. party offices and on all measures and for receiving, (b) After a voting system has been approved by the registering, and counting the votes thereof in such Department of State, any change or improvement in the election precincts as the governing body directs. A system is required to be approved by the department county must use an electronic or electromechanical prior to the adoption of such change or improvement by precinct-count tabulation voting system. any county. If any such change or improvement does History.—s.4,ch.73-156;s.21,ch.77-175;s.16,ch.2001-40. not comply with the requirements of this act, the 55 93 .G.a. Ch. 101 VOTING METHODS AND PROCEDURE F.S. 2012 department shall suspend all sales of the equipment or (15) It does not use an apparatus or device for the system in the state until the equipment or system piercing of ballots by the voter. complies with the requirements of this act. History-5.6,ch.73-156;s.21,ch.77-175;s.10,ch.84-302;s.10,ch.89-348; s.578,ch.95-147;s.17,ch.99-318;s.18,ch.2001-40;s.10,ch.2002-17;s.35,ch. w. (4) The Department of State may at any time 2005-277;S.32,ch.2011-40. reexamine any system, or any part thereof, which has previously been approved for the purpose of updating 101.56062 Standards for accessible voting sys- the certification of the system. tems.— History.—s.5,ch.73-156;s.21,ch.77-175;s.9,ch.84-302;s.12,ch.85-80;s. (1) Notwithstanding anything in this chapter to the 9,ch.89-348;s.577,ch.95-147;s.31,ch.2011-40. contrary, each voting system certified by the Depart- ment of State for use in local, state, and federal 101.5606 Requirements for approval of sys- elections must include the capability to install accessible terns.—No electronic or electromechanical voting sys- voter interface devices in the system configuration tem shall be approved by the Department of State which will allow the system to meet the following unless it is so constructed that: minimum standards: (1) It permits and requires voting in secrecy. (a) The voting system must provide a tactile input or (2) It permits each elector to vote at any election for audio input device, or both. all persons and offices for whom and for which the (b) The voting system must provide a method by elector is lawfully entitled to vote, and no others;to vote which voters can confirm any tactile or audio input by for as many persons for an office as the elector is having the capability of audio output using synthetic or entitled to vote for; and to vote for or against any recorded human speech that is reasonably phonetically question upon which the elector is entitled to vote. accurate. (3) It immediately rejects a ballot where the number (c) Any operable controls on the input device which of votes for an office or measure exceeds the number are needed for voters who are visually impaired must be which the voter is entitled to cast or where the tabulating discernible tactilely without actuating the keys. equipment reads the ballot as a ballot with no votes (d) Audio and visual access approaches must be cast. able to work both separately and simultaneously. (4) For systems using marksense ballots, it accepts (e) If a nonaudio access approach is provided, the a rejected ballot pursuant to subsection (3) if a voter system may not require color perception. The system chooses to cast the ballot, but records no vote for any must use black text or graphics, or both, on white office that has been overvoted or undervoted. background or white text or graphics, or both, on black (5) It is capable of correctly counting votes. background, unless the office of the Secretary of State NOW (6) It permits each voter at a primary election to vote approves other high-contrast color combinations that do not require color perception. only for the candidates seeking nomination by the (f) Any voting system that requires any visual political party in which such voter is registered, for perception must offer the election official who programs any candidate for nonpartisan office, and for any the system, prior to its being sent to the polling place, question upon which the voter is entitled to vote. the capability to set the font size, as it appears to the (7) At presidential elections it permits each elector, voter,from a minimum of 14 points to a maximum of 24 by one operation,to vote for all presidential electors of a points. party or for all presidential electors of candidates for (g) The voting system must provide audio informa- President and Vice President with no party affiliation. tion, including any audio output using synthetic or (8) It provides a method for write-in voting. recorded human speech or any auditory feedback (9) It is capable of accumulating a count of the tones that are important for the use of the audio specific number of ballots tallied for a precinct, accu- approach, through at least one mode, by handset or mulating total votes by candidate for each office, and headset, in enhanced auditory fashion (increased accumulating total votes for and against each question amplification), and must provide incremental volume and issue of the ballots tallied for a precinct. control with output amplification up to a level of at least (10) It is capable of tallying votes from ballots of 97 dB SPL. different political parties from the same precinct, in the (h) For transmitted voice signals to the voter, the case of a primary election. voting system must provide a gain adjustable up to a (11) It is capable of automatically producing precinct minimum of 20 dB with at least one intermediate step of totals in printed form. 12 dB of gain. (i) For the safety of others, if the voting system has (12) If it is of a type which registers votes electro- the possibility of exceeding 120 dB SPL, then a nically, it will permit each voter to change his or her vote mechanism must be included to reset the volume for any candidate or upon any question appearing on automatically to the voting system's default volume the official ballot up to the time that the voter takes the level after every use, for example when the handset is final step to register his or her vote and to have the vote replaced, but not before. Also, universal precautions in computed. the use and sharing of headsets should be followed. (13) It is capable of providing records from which the (j) If sound cues and audible information such as operation of the voting system may be audited. "beeps" are used, there must be simultaneous corre- (-14) It uses a precinct-count tabulation system. sponding visual cues and information. 56 43G3 F.S. 2012 VOTING METHODS AND PROCEDURE Ch. 101 (k) Controls and operable mechanisms must be (2) Such voting system must include at least one operable with one hand, including operability with a accessible voter interface device installed in each closed fist, and operable without tight grasping, pinch- polling place which meets the requirements of this N". ing, or twisting of the wrist. section, except for paragraph (1)(d). (1) The force required to operate or activate the 2012 its'5.12•ch.2002-281;s.34,ch.2005-278;s.1,ch.2006-111;s.27,ch. controls must be no greater than 5 pounds of force. (m) Voting booths must have voting controls at a 101.56063 Accessibility of voting systems and minimum height of 36 inches above the finished floor polling places; intent;eligibility for federal funding. with a minimum knee clearance of 27 inches high, 30 It is the intent of the Legislature that this state be eligible inches wide, and 19 inches deep, or the accessible for any funds that are available from the Federal voter interface devices must be designed so as to allow Government to assist states in providing or improving their use on top of a table to meet these requirements. accessibility of voting systems and polling places for Tabletop installations must include adequate privacy. persons having a disability. Accordingly, all state laws, (n) Any audio ballot must provide the voter with the rules, standards, and codes governing voting systems following functionalities: and polling place accessibility must be maintained to 1. After the initial instructions that the system ensure the state's eligibility to receive federal funds. It is requires election officials to provide to each voter, the the intent of the Legislature that all state requirements voter should be able to independently operate the voter meet or exceed the minimum federal requirements for interface through the final step of casting a ballot without voting systems and polling place accessibility. This assistance. section shall take effect upon this act becoming a law. 2. The voter must be able to determine the races History.—s.13,ch.2002-281. that he or she is allowed to vote in and to determine which candidates are available in each race. 101.56064 Application for federal funds under 3. The voter must be able to determine how many ch. 2002-281.—The state may apply for all available candidates may be selected in each race. federal funds to be used to pay for the costs associated 4. The voter must be able to have confidence that with this act. the physical or vocal inputs given to the system have History.—s.21,ch.2002-281. selected the candidates that he or she intended to 101.5607 Department of State to maintain voting select. are software.— 5. The voter must be able to review the candidate system information; prepare selections that he or she has made. (1)(a) Copies of the program codes and the user and ..• 6. Prior to the act of casting the ballot, the voter operator manuals and copies of all software and any must be able to change any selections previously made other information, specifications, or documentation and confirm a new selection. required by the Department of State relating to an 7. The system must communicate to the voter the approved electronic or electromechanical voting system fact that the voter has failed to vote in a race or has and its equipment must be filed with the Department of failed to vote the number of allowable candidates in any State by the supervisor of elections at the time of race and require the voter to confirm his or her intent to purchase or implementation. Any such information or undervote before casting the ballot. materials that are not on file with and approved by the 8. The system must prevent the voter from over- Department of State, including any updated or modified voting any race. materials, may not be used in an election. 9. The voter must be able to input a candidate's (b) Within 24 hours after the completion of any logic name in each race that allows a write-in candidate. and accuracy test conducted pursuant to s. 101.5612, 10. The voter must be able to review his or her write- the supervisor of elections shall send by certified mail to in input to the interface,edit that input, and confirm that the Department of State a copy of the tabulation the edits meet the voter's intent. program which was used in the logic and accuracy 11. There must be a clear, identifiable action that the testing. voter takes to "cast"the ballot. The system must make (c) The Department of State may,at any time,review clear to the voter how to take this action so that the voter the voting system of any county to ensure compliance has minimal risk of taking the action accidentally but, with the Electronic Voting Systems Act. when the voter intends to cast the ballot,the action can (d) Section 119.071(1)(f) applies to all software on be easily performed. file with the Department of State. 12. Once the ballot is cast, the system must confirm (2)(a) The Department of State may develop soft- to the voter that the action has occurred and that the ware for use with an electronic or electromechanical voter's process of voting is complete. voting system. The standards and examination proce- 13. Once the ballot is cast,the system must preclude dures developed for software apply to all software the voter from modifying the ballot cast or voting or developed by the Department of State. casting another ballot. (b) Software prepared by the Department of State is a public record pursuant to chapter 119 and shall be The functionalities required in this paragraph for certi- provided at the actual cost of duplication. fication may be satisfied by either the voting device or by s.11`,ch.89-348;s.25,ch.9G-344;1 0-3 41 s.21,ch.95-398;s.h.89,ch.2001-40;s.832,3 the entire voting system. 2004-335;s.41,ch.2005-251. 57 q 3, 6.44, 1S-2.004 Purchase,Sale,and Uses of Voting Equipment and Systems (1) Purpose. This rule provides uniform policies, procedures and best practices for the purchase, sale, and use of voting equipment or system including assessments of certified voting systems and beta testing of pre-certified modifications to certified voting systems. (2)Definitions.The terms herein have the following meaning: (a)"Beta Test" means any activity that assesses a change or modification to a county's certified voting equipment or system in preparation for the state's formal certification or approval process. (b)"Division"means the Division of the Florida Department of State. (c)"Governing body" is defined as set forth in Section 101.292(1),F.S. (d)"Purchase"refers to a contract to buy,lease,rent,or acquire voting equipment or system. (e)"Sale"refers to a contract to sell or otherwise dispose of voting equipment or system in return for a valuable consideration. (f)"Voting equipment" is defined as set forth in Section 101.292(2),F.S. (g)"Voting system" is defined as set forth in Section 97.021(44),F.S. (3)Regulations for Purchase. (a)Competitive Solicitation Process. 1.When the individual or combined total purchase or sale price of voting equipment or system exceeds the threshold amount for Category Two purchases under Section 287.017, F.S., the governing body shall follow the applicable local procurement policies, procedures and rules for competitive solicitation to the extent not otherwise addressed in this subsection. 2.If the governing body determines, pursuant to Section 101.293,F.S.,that an emergency situation exists or that there is only a single source available for the voting system or equipment, the chair of the governing body shall certify the situation and conditions for the exception to the Division within 10 days of the governing body's approval to acquire the equipment or system outside the competitive solicitation process and any requirements in this subsection. 3. The governing body shall enter all bids,tabulations of bids, and responses related to bids in a permanent record and maintain the record for public inspection upon request, subject to exemptions or restrictions under applicable public records and copyright laws. (b)Notice of Bid. The governing body shall provide notice to the Division of all invitations to bid for the purchase of new or used voting equipment or system subject to this subsection. (c)Content of Competitive Bid.All bid invitations shall specify at a minimum,the following information: 1.Name and address of governing body. 2. Date of issuance. 3.Required time,place and terms of delivery and any other delivery conditions. 4.Date,hour and place of opening bids. 5.Surety requirements,if any. 6.Quantity of voting equipment or system to be furnished under each item. 7. Any specifications or other description establishing the capability of such voting equipment or system including its compliance with Section 101.5606,F.S. 8. A statement that the voting equipment or system must be certified tinder the Florida Election Code prior to its acquisition or purchase. 9.A statement that the governing body reserves the right to reject any and all bids. 10.A statement that the bidder must indicate any cash discounts or terms of discounts provided if the bid is accepted. 11. A statement that the bidder must include all costs for delivery, storage, freight and packing to the address on the bid invitation unless otherwise specified. 12. Any other general conditions or special provisions that the bidder must meet or that are otherwise required by the governing body. (d) Deliveries. All deliveries of purchased equipment shall be subject to inspection at time of delivery and require written certification by the vendor of proper delivery. (e)Acceptance.The Supervisor of Elections shall forward to the Division a copy of the vendor certification required by Section 101.294,F.S. 93 . ►�• � (f)Notice of Rejection. A governing body or supervisor of elections may reject a voting equipment or system that fails in any respect to meet the standards for certification under state law, that fails to meet the specifications upon which the award was based or representations of the vendor,or that is defective.Notice of any rejection,based on defects that would be disclosed at the time of delivery or by ordinary methods of inspection, will be given to the supplier and the carrier within 10 days after delivery of the item(s). Notice of latent defects that would make the items unfit for the purpose intended may be given by the governing body or Supervisor of Elections any time after acceptance. (4)Sale of Voting Equipment and Voting System. Each governing body or Supervisor of Elections shall certify in writing to the Division the anticipated terms of the sale of voting equipment or system and that the sale will not adversely affect the Supervisor of Elections or the governing body's duties under federal or state law to comply with or perform as pertains to elections. (5)Uses of voting equipment or system. (a) Routine use. No equipment or software may used with a voting system unless listed within the voting system's current certification or earlier version,or a configuration defined within;,the voting system's documentation. Critical elements of the voting system may be replicated to serve as a backup system. Critical elements include the software and database modules that comprise the election management system. Unmodified commercial-off-the-shelf(COTS) items may be replaced with like-kind items upon written concurrence from the voting system vendor and-the Division. A vendor's uniquely qualified COTS that must comply with the vendor's Florida certification may not be replaced with like-kind items. (b) Improvement to the election process. A certified system may be used in any planner approved by the vendor in an effort to improve the election process. However, any deviation from the documented procedures or manual for use and operation of the voting system must be approved in writing by the Division and notice provided to the vendor. Such documentation may be in the form of user notes,technical bulletins,or other suitable format. (c) Training and education. A voting system may be used for training or educational purposes, provided security procedures include backup and sufficient safeguards to protect the database(s)and software from inadvertent or intentional corruption. (d)Assessment. A Supervisor of Elections or a governing body may use a certified voting system in an assessment to examine or evaluate the system's security procedures, access control, system reliability and accuracy. The Supervisor of Elections shall implement appropriate procedures. A duplicate or backup voting system in lieu of a live system shall be used in any assessment whenever practicable. 1. An assessment may be conducted as a routine test, a system audit or an examination of the functionality of the software and firmware, including penetration testing. An assessment may also be conducted to identify or detect or to further examine any identified or detected potential or actual deficiency, problem, vulnerability or flaw in a certified voting system that relates to its hardware, software, design, operation, vote tabulation, access control, system reliability and accuracy, or security including the potential for unauthorized manipulation and fraud.If a potential or actual deficiency,problem,vulnerability is identified or detected, the Supervisor of Elections must notify the Division and the affected vendor in writing no later than 10 days regardless of whether an assessment is conducted. The notice must include a description of the actual or proposed process to replicate,correct or mitigate the deficiency,problem,vulnerability or flaw. 2. Although the Supervisor of Elections is responsible for the conduct of an assessment, he or she may use the services of an independent professional person or entity.The setvices of an appropriate skill assessment team who are educated and experienced in assessments and whose credentials have been approved by the governing body may be used. 3.The Supervisor of Elections shall notify in writing the Division of its intent to conduct an assessment and include a test plan. 4.No assessment,may be conducted within 45 days of a special,primary,general or presidential preference primary election. 5. Subject to minimum security standards for voting systems and the public records and copyright laws, the assessment of the voting system shall be conducted in public, and on location in the county of the respective Supervisor of Elections. The Supervisor of Elections shall publish on his or her official website, 14-day advance notice of the scheduled assessment. The supervisor shall also notify the vendor(s)of the certified voting system or equipment components affected by the test or assessment. 6.The Division may be present at the assessment or have access,in accordance with authority under Section 101.53,F.S. 7. The Supervisor of Elections shall ensure that the process and results of the assessment are documented. A written report shall be submitted to the Division no later than 20 days after the assessment is completed. The report shall include any recommendations for addressing any identified potential or actual deficiency, problem, vulnerability, or flaw. The Supervisor of Elections shall also flag all information in the report that is confidential and exempt under the public records law or otherwise protected under the *w� copyright laws in a separate addendum to the report. S. A copy of the report shall also be provided to the vendor(s)whose equipment or system was the subject of the assessment. The vendor(s) of the voting equipment or system affected by the assessment has 10 days from receipt of the assessment report to respond in writing to the Supervisor of Elections,the governing body and the Division. 9. The Supervisor of Elections shall develop and implement all available security procedures to correct or mitigate any adverse effect resulting from a deficiency,problem,flaw or vulnerability identified or detected by the assessment report. 10. After review of the report and vendor's response, the Division shall conduct, as needed, further studies, issue technical advisories to the supervisors of elections and the governing body regarding the results of the assessment, implement revised or new minimum security standards pursuant to Section 101.015(4), F.S., relating to the voting system, and determine if changes to the systems need to be made for subsequent certification. (e)Beta testing.A Supervisor of Elections may conduct a beta test of non-certified voting equipment or system.A beta test can use a certified system,but the certified system needs to be imaged and reinstalled after the beta test. A system image is a copy of the entire state of a computer system stored in a non-volatile location. 1. The Supervisor of Elections shall provide written notice to the Division of its intent to conduct a beta test and include a test plan.The test plan must include,at a minimum, information about how or whether the new voting equipment or system or a certified voting equipment or system is being altered for purposes of the beta-test. The test plan must also include provisions that comply with the public records and copyright laws. 2.The Division of Election will review the test plan before the beta test is conducted. The Division does not need to approve the test plan if secondary hardware units will be used to conduct the assessment. 3. A beta test may not be performed within 45 days of a special,primary,general or presidential preference primary election. 4. The Supervisor of Elections shall ensure that the process and results of the beta test are documented. After completion of the beta test, a written report must be submitted to the Division and the vendor(s) whose voting equipment or system was beta tested. The test report shall include any recommendations for addressing any identified potential or actual deficiency, problem, vulnerability, or flaw. The Supervisor of Elections shall also flag all information in the test report that is confidential and exempt under the public records law or otherwise protected under the copyright laws in a separate addendum to the report. (6)Notice of issues. 1. At any time during the purchase, sale, or use of voting equipment or voting system, a Supervisor of Elections or the governing board discovers that the equipment or system fails in any respect to meet the standards for certification under state law or fails to meet the specifications upon which a contract, agreement or other written representation was based, the Division shall be notified in writing. 2. A vendor of a certified voting system shall immediately notify the Division of any condition that may cause the vendor's product to fail in any respect to meet the standards for certification of voting equipment or system under state law. 3. The Division shall notify Supervisors of Elections when a certified voting equipment or voting system fails in any respect to meet the standards for certification under state law or when it has identified a potential or actual deficiency, problem, vulnerability or flaw identified or detected in a certified voting system that relates to its hardware, software, design, operation, vote tabulation, access control, system reliability and accuracy, or security. Such notice may be in the form of a technical advisory or bulletin, or other suitable format. (7) Vendor Lists Maintained. The Division shall maintain on its website a current list of vendors for certified voting equipment and systems in the State. Rulemaking Authority 20.10(3), 97.012(1), 101.293(2), 101.294 FS. Lan Implemented 97.012(3), 101.015(7), 101.017, 101.292, 101.293, 101.294, 101.295, 101.5604, 101.5605(3)(6), 101.5605(4), 101.5607(1)(c), 101.58 FS. History-New 12-20-73, Amended 1-19-74, Repromzdgated 1-1-75, Amended 5-20-75,Formerly IC-7.04,Amended 7-7-86, Formerly 1C-7.004,Amended 1-2-12. � 3 • H•3 . PROJECTED EQUIPMENT NEEDS FOR INDIAN RIVER COUNTY �,. (The prices below are just estimates based on conversations with other Florida Supervisor of Elections who have purchased or are researching the purchase of a new voting system.) 37 Voting Precincts in Indian River County 22 Voting Sites on Election Day: 4 precinct tabulators at each location Total 88 @ $7,300.00 $ 642,400 4 Early Voting Sites: 3 precinct tabulators at each location Total 12 @ $7,300.00 $ 87,600 Training&Voter Outreach 3 precinct tabulators $7,300.00 $ 21,900 Emergency Back Up: 25 precinct tabulators $7,300.00 $ 182,500 Memory Cards, Paper Rolls, Button Security Key $ 5,158 Absentee Ballot Scanning Hardware&Software $ 210,000 Election Management Software&Hardware $ 100,000 Implementation Services $ 35,000 Election Support Services $ 35,000 Shipping&Insurance $ 4,000 Maintenance $ 85,000 Implementation Costs 40,000 $1,448,558 93.1" ) . Leslie K. Swan Supervisor of Elections • Indian River County Your Vote Is Your Voice...Speak Up! February 14, 2013 The Honorable Debbie Mayfield 303 House Office Building 402 South Monroe Street Tallahassee, FL 32399-1300 Dear Representative Mayfield: Thank you for the opportunity to discuss issues pertaining to the Supervisor of Elections at the Indian River County Legislative Delegation meeting on December 11, 2012. 1 would like to ask for your assistance during the upcoming legislative session regarding another issue. You may or may not know, the Indian River County Supervisor of Elections office is in the process of asking our County Commission to set aside funds to purchase an entire new voting system. The reason "another" new voting system is required is due to the legislative mandate in Florida Statute 101.56075 that reads, "By the year 2016, persons with disabilities shall vote on a voter interface device that meets the voter accessibility requirements for individuals with disabilities under s. 301 of the Federal Help America Vote Act of 2002." This will be Indian River County's fourth (4th) voting system in 15 years. Our county had punch cards in the year 2000, touchscreen voting equipment from 2001 to 2008, optical scan voting equipment from 2008 to present, and in 2106 a new voting system will be required to accommodate voters with disabilities to vote utilizing paper ballots. Our current vendor, Sequoia Voting Systems, was acquired by Dominion Voting in 2010 and does not offer nor do they intend to offer any equipment which will satisfy the 2016 mandate in Florida Statute 101.56075, thus forcing Indian River County to purchase an entire new voting system. During the 2007 Legislative Session, House Bill 537 was passed which required counties in Florida to use marksense ballots (paper ballots) for precinct and early voting sites. It also required a touchscreen voting machine at each precinct and early voting site for voters with disabilities. 4375 43`d Avenue, Vero Beach, FL 32967 - (772) 226-3440 - FAX (772) 770-5367 www.voteindianriver.com q3- T: I . February 14, 2013 Page Two (2) �.- In 2007, Indian River County already had the Sequoia software for the tabulation system, the ballot layout software, the hardware and software to count absentee ballots, and the touchscreen voting machines required at each precinct and early voting site for voters with disabilities. The major component that was missing from Indian River County's voting system was the optical scan voting equipment and software to tabulate paper ballots. In 2007, the Legislature provided $310,500 for Indian River County to purchase 54 optical scanners. That amounted to one optical scanner per precinct on Election Day with none for training or back-up. A separate grant in the amount $17,250 was provided for three optical scanners for early voting. At the time, the Department of State knew that the voting system equipment was and still is "vendor specific", and the Legislature did not intend for counties to buy a whole new voting system. The optical scanners were just one component of a voting system. At the time, Florida Statute 101.56075 (3) also stipulated 'By 2012 persons with disabilities shall vote on a voter interface device that meets the voter accessibility requirements for individuals with disabilities under s. 301 of the Federal Help America Vote Act of 2002." Under the assumption that by 2012, Indian River County would be required to purchase new voting equipment for persons with disabilities to comply with Florida Statute 101.56075, it made no sense for Indian River County to purchase a whole new voting system. Indian River County elected to upgrade their current Sequoia voting system to comply with House Bill 537 mandating the use of marksense ballots (paper ballots) instead of purchasing a whole new voting system. In 2010, due to the lobbying efforts of the Florida State Association of Supervisors of Elections, the Florida Legislature voted to delay implementation of F.S. 101.56075 until 2016— "By the year 2016, persons with disabilities shall vote on a voter interface device that meets the voter accessibility requirements for individuals with disabilities under s. 301. of the Federal Help America Vote Act of 2002." Sequoia Voting Systems was acquired by Dominion Voting, Inc. in 2010. As I stated previously, Dominion Voting, Inc. has no device (and does not intend to offer any equipment), that meets the Legislative mandate outlined in F.S. 101.56075 and that is compatible with Indian River County's current voting system. Therefore, Indian River County has no other alternative than to purchase a new voting system in the near future. g3. T February 14, 2013 Page Three (3) I present all of this background regarding voting systems because at the January 2013 meeting of the Florida State Association of Supervisors of Elections, it was discussed that the Legislature may be supporting the statewide implementation of electronic poll books and assisting individual counties with funds to purchase this equipment. Indian River County already utilizes electronic poll books for early voting and on Election Day. I respectfully request that if the Legislature is allocating funds for counties to purchase electronic poll books, then those counties who already have electronic poll books should be allowed to utilize the funds (allocated for electronic poll books)to help defray the cost to purchase new voting systems. I also would like to suggest that voting equipment vendors whose equipment is certified by the State of Florida, should be required to service and have parts available for their voting system for 10 to 20 years. Indian River County's voting system is currently certified by the State of Florida but I am unable to acquire any replacement memory cards. After the November 2012 General Election I contacted our vendor, Dominion Voting (Sequoia) to purchase additional memory cards for our voting equipment, and the representative informed me: "I've had the team hunt for additional inventory but it looks like the remaining inventory is being held as warranty replacements and cannot be used for new sales." Indian River County's voting equipment is out of warranty but still under service contract, and no memory cards are available for purchase from our vendor. My actions to be pro-active in acquiring replacement memory cards was to no avail, which leaves our county in a vulnerable position, considering the numerous memory card failures that occurred in St. Lucie County. I appreciate your assistance and the opportunity to express my concerns. Sincerely, r Leslie Rossway Swan Supervisor of Elections : JuVallu 1\. o W All Supervisor of Elections Indian River County Your Vote Is Your Voice...Speak Up! February 14, 2013 The Honorable Joe Negron 412 Senate Office Building 404 South Monroe Street Tallahassee, FL 32399-1100 Dear Senator Negron: Thank you for the opportunity to discuss issues pertaining to the Supervisor of Elections at the Indian River County Legislative Delegation meeting on December 11, 2012. 1 would like to ask for your assistance during the upcoming legislative session regarding another issue. You may or may not know, the Indian River County Supervisor of Elections office is in the process of asking our County Commission to set aside funds to purchase an entire new voting system. The reason "another" new voting system is required is due to the legislative mandate in Florida Statute 101.56075 that reads, "By the year 2016, persons with disabilities shall vote on a voter interface device that meets the voter accessibility requirements for individuals with disabilities under s. 301 of the Federal Help America Vote Act of 2002." This will be Indian River County's fourth (0) voting system in 15 years. Our county had punch cards in the year 2000, touchscreen voting equipment from 2001 to 2008, optical scan voting equipment from 2008 to present, and in 2106 a new voting system will be required to accommodate voters with disabilities to vote utilizing paper ballots. Our current vendor, Sequoia Voting Systems, was acquired by Dominion Voting in 2010 and does not offer nor do they intend to offer any equipment which will satisfy the 2016 mandate in Florida Statute 101.56075, thus forcing Indian River County to purchase an entire new voting system. During the 2007 Legislative Session, House Bill 537 was passed which required counties in Florida to use marksense ballots (paper ballots) for precinct and early voting sites. It also required a touchscreen voting machine at each precinct and early voting site for voters with disabilities. 4375 43rd Avenue, Vero Beach, FL 32967 • (772) 226-3440 • FAX (772) 770-5367 www.voteindianriver.com February 14, 2013 Page Two (2) In 2007, Indian River County already had the Sequoia software for the tabulation system, the ballot layout software, the hardware and software to count absentee ballots, and the touchscreen voting machines required at each precinct and early voting site for voters with disabilities. The major component that was missing from Indian River County's voting system was the optical scan voting equipment and software to tabulate paper ballots. In 2007, the Legislature provided $310,500 for Indian River County to purchase 54 optical scanners. That amounted to one optical scanner per precinct on Election Day with none for training or back-up. A separate grant in the amount $17,250 was provided for three optical scanners for early voting. At the time, the Department of State knew that the voting system equipment was and still is "vendor specific", and the Legislature did not intend for counties to buy a whole new voting system. The optical scanners were just one component of a voting system. At the time, Florida Statute 101.56075 (3) also stipulated 'By 2012, persons with disabilities shall vote on a voter interface device that meets the voter accessibility requirements for individuals with disabilities under s. 301 of the Federal Help America Vote Act of 2002." Under the assumption that by 2012, Indian River County would be required to purchase new voting v.. equipment for persons with disabilities to comply with Florida Statute 101.56075, it made no sense for Indian River County to purchase a whole new voting system. Indian River County elected to upgrade their current Sequoia voting system to comply with House Bill 537 mandating the use of marksense ballots (paper ballots) instead of purchasing a whole new voting system. In 2010, due to the lobbying efforts of the Florida State Association of Supervisors of Elections, the Florida Legislature voted to delay implementation of F.S. 101.56075 until 2016—"By the year 2016, persons with disabilities shall vote on a voter interface device that meets the voter accessibility requirements for individuals with disabilities under s. 301. of the Federal Help America Vote Act of 2002." Sequoia Voting Systems was acquired by Dominion Voting, Inc. in 2010. As I stated previously, Dominion Voting, Inc. has no device (and does not intend to offer any equipment), that meets the Legislative mandate outlined in F.S. 101.56075 and that is compatible with Indian River County's current voting system. Therefore, Indian River County has no other alternative than to purchase a new voting system in the near future. February 14, 2013 Page Three (3) I present all of this background regarding voting systems because at the January 2013 meeting of the Florida State Association of Supervisors of Elections, it was discussed that the Legislature may be supporting the statewide implementation of electronic poll books and assisting individual counties with funds to purchase this equipment. Indian River County already utilizes electronic poll books for early voting and on Election Day. I respectfully request that if the Legislature is allocating funds for counties to purchase electronic poll books, then those counties who already have electronic poll books should be allowed to utilize the funds (allocated for electronic poll books) to help defray the cost to purchase new voting systems. I also would like to suggest that voting equipment vendors whose equipment is certified by the State of Florida, should be required to service and have parts available for their voting system for 10 to 20 years. Indian River County's voting system is currently certified by the State of Florida but I am unable to acquire any replacement memory cards. After the November 2012 General Election I contacted our vendor, Dominion Voting (Sequoia) to purchase additional memory cards for our voting equipment, and the representative informed me: "I've had the team hunt for additional inventory but it looks like the remaining inventory is being held as warranty replacements and cannot be used for new sales." Indian River County's voting equipment is out of warranty but still under service contract, and no memory cards are available for purchase from our vendor. My actions to be pro-active in acquiring replacement memory cards was to no avail, which leaves our county in a vulnerable position, considering the numerous memory card failures that occurred in St. Lucie County. I appreciate your assistance and the opportunity to express my concerns. Sincerely, Leslie Rossway Swan Supervisor of Elections q3, s�. Supervisor of Elections Indian River County Your Vote Is Your Voice...Speak Up! 1"" February 14, 2013 The Honorable Tom Goodson 200 House Office Building 402 South Monroe Street Tallahassee, FL 32399-1300 Dear Representative Goodson: It was a please speaking with you and your wife at the recent Council of Elephants reception at Grand Harbor Golf Club in Vero Beach. I would like to ask for your assistance during the upcoming legislative session. You may or may not know, the Indian River County Supervisor of Elections office is in the process of asking our County Commission to set aside funds to purchase an entire new voting system. The reason "another" new voting system is required is due to the legislative mandate in Florida Statute 101.56075 that reads, "By the year 2016, persons with disabilities shall vote on a voter interface device that meets the voter accessibility requirements for individuals with disabilities under s. 301 of the Federal Help America Vote Act of 2002." This will be Indian River County's fourth (4th) voting system in 15 years. Our county had punch cards in the year 2000, touchscreen voting equipment from 2001 to 2008, optical scan voting equipment from 2008 to present, and in 2106 a new voting system will be required to accommodate voters with disabilities to vote utilizing paper ballots. Our current vendor, Sequoia Voting Systems, was acquired by Dominion Voting in 2010 and does not offer nor do they intend to offer any equipment which will satisfy the 2016 mandate in Florida Statute 101.56075, thus forcing Indian River County to purchase an entire new voting system. During the 2007 Legislative Session, House Bill 537 was passed which required counties in Florida to use marksense ballots (paper ballots) for precinct and early voting sites. It also required a touchscreen voting machine at each precinct and early voting site for voters with disabilities. •M. 437543 rd Avenue, Vero Beach, FL 32967 - (772) 226-3440 - FAX (772) 770-5367 www.voteindianriver.com q3. a T 1A February 14, 2013 Page Two (2) In 2007, Indian River County already had the Sequoia software for the tabulation system, the ballot layout software, the hardware and software to count absentee ballots, and the touchscreen voting machines required at each precinct and early voting site for voters with disabilities. The major component that was missing from Indian River County's voting system was the optical scan voting equipment and software to tabulate paper ballots. In 2007, the Legislature provided $310,500 for Indian River County to purchase 54 optical scanners. That amounted to one optical scanner per precinct on Election Day with none for training or back-up. A separate grant in the amount $17,250 was provided for three optical scanners for early voting. At the time, the Department of State knew that the voting system equipment was and still is "vendor specific", and the Legislature did not intend for counties to buy a whole new voting system. The optical scanners were just one component of a voting system. At the time, Florida Statute 101.56075 (3) also stipulated "By 2012, persons with disabilities shall vote on a voter interface device that meets the voter accessibility requirements for individuals with disabilities under s. 301 of the Federal Help America Vote Act of 2002." Under the assumption that by 2012, Indian River County would be required to purchase new voting equipment for persons with disabilities to comply with Florida Statute 101.56075, it made no sense for Indian River County to purchase a whole new voting system. Indian River County elected to upgrade their current Sequoia voting system to comply with House Bill 537 mandating the use of rnarksense ballots (paper ballots) instead of purchasing a whole new voting system. In 2010, due to the lobbying efforts of the Florida State Association of Supervisors of Elections, the Florida Legislature voted to delay implementation of F.S. 101.56075 until 2016—"By the year 2016, persons with disabilities shall vote on a voter interface device that meets the voter accessibility requirements for individuals with disabilities under s. 301. of the Federal Help America Vote Act of 2002." Sequoia Voting Systems was acquired by Dominion Voting, Inc. in 2010. As I stated previously, Dominion Voting, Inc. has no device (and does not intend to offer any equipment), that meets the Legislative mandate outlined in F.S. 101.56075 and that is compatible with Indian River County's current voting system. Therefore, Indian River County has no other alternative than to purchase a new voting system in the near future. February 14, 2013 Page Three (3) 1 present all of this background regarding voting systems because at the January 2013 meeting of the Florida State Association of Supervisors of Elections, it was discussed that the Legislature may be supporting the statewide implementation of electronic poll books and assisting individual counties with funds to purchase this equipment. Indian River County already utilizes electronic poll books for early voting and on Election Day. I respectfully request that if the Legislature is allocating funds for counties to purchase electronic poll books, then those counties who already have electronic poll books should be allowed to utilize the funds (allocated for electronic poll books) to help defray the cost to purchase new voting systems. I also would like to suggest that voting equipment vendors whose equipment is certified by the State of Florida, should be required to service and have parts available for their voting system for 10 to 20 years. Indian River County's voting system is currently certified by the State of Florida but I am unable to acquire any replacement memory cards. After the November 2012 General Election I contacted our vendor, Dominion Voting (Sequoia) to purchase additional memory cards for our voting equipment, and the representative informed me: "I've had the team hunt for additional inventory but it looks like the remaining inventory is being held as warranty replacements and cannot be used for new sales." Indian NOW River County's voting equipment is out of warranty but still under service contract, and no memory cards are available for purchase from our vendor. My actions to be pro-active in acquiring replacement memory cards was to no avail, which leaves our county in a vulnerable position, considering the numerous memory card failures that occurred in St. Lucie County. I appreciate your assistance and the opportunity to express my concerns. Sincerely, Leslie Rossway Swan Supervisor of Elections low 43. 5. 9. Leslie Swan From: Leslie Swan Sent: Wednesday, February 13, 2013 11:50 AM To: 'Latvala jack@flsenate.gov' Subject: Election Reform Attachments: Legislative Delegation 2012.pdf Dear Senator Latvala: Thank you for your letter soliciting input and recommendations for changes to existing statutes relating to elections administration. I have attached the letter I summited to Indian River County's Legislative Delegation with my concerns and suggestions pertaining to election administration. At the January 2013 meeting of the Florida Association of Supervisors of Elections, it was discussed that the Legislature may be backing the statewide implementation of electronic poll books and assisting individual counties with funds to purchase this equipment. Indian River County, already utilizes electronic poll books for early voting and at the precinct on Election Day. You may or may not know, the Indian River County Supervisor of Elections office is in the process of asking our County Commission to set aside funds to purchase an entire new voting system. The reason "another" new voting system is required because of the mandate in Florida Statute 101.56075 that reads, "By the year 2016, persons with disabilities shall vote on a voter interface device that meets the voter accessibility requirements for individuals with disabilities under s. 301 of the Federal Help America Vote Act of 2002." This will be Indian River County's FOURTH voting system in 15 years. Our county had punch cards in the year 2000, touchscreen voting equipment in 2001—2008, optical scan voting equipment from 2008 to present, and in 2016 a new voting system to accommodate voters with disabilities utilizing paper ballots. Our current vendor, Sequoia Voting Systems, was acquired by Dominion Voting in 2010 and does not offer and does not intend to offer any equipment satisfying the 2016 mandate in Florida Statute 101.56075, thus forcing Indian River County to purchase an entire new voting system. I respectfully ask that if the Legislature is allocating funds for counties to purchase electronic poll books, that counties who already have electronic poll books be allowed to utilize the funds (allocated for electronic poll books) to help with the cost to purchase a new voting system. I also would like to suggest that voting equipment vendors whose equipment is certified by the State of Florida, be held to standards that include, they MUST service and have parts available for their voting systems for 10 to 20 years. It is extremely burdensome for Indian River County to continually purchase new voting systems. After the November 2012 General Election, I contacted our vendor, Dominion Voting (Sequoia)to purchase additional memory cards for our voting equipment and they informed me "I've had the team hunt for additional inventory but it looks like the remaining inventory is being held as warranty replacements and cannot be used for new sales." Indian River County's voting equipment is out of warranty, but still under a service contract and we cannot get new memory cards. I am trying to be pro-active in acquiring replacement memory cards and my actions were to no avail. That leaves our county in a vulnerable position, considering the numerous memory card failures which occurred in St. Lucie County. I appreciate your assistance and the opportunity to express my concerns. 1 Q3. S1o . Regards, Leslie Rossway Swan, CERA Supervisor of Elections Indian River County 4375 43`d Avenue Vero Beach, FL 32967 Phone: 772-226-3435 Fax: 772-770-5367 Email: Iswan(a-)voteindianriver.com 2 x3 . 3. 11 . Leslie Swan From: Gary Gordon Sent: Monday, December 03, 2012 8:25 AM To: Leslie Swan NOW Subject: FW: Memory Pack insight fyi Gary Gordon IT Manager, CERA Supervisor of Elections Indian River County 4375 43rd Avenue Vero Beach, FL 32967 772-226-3438 direct 772-770-5367 fax Email: Q iordon(dwoteindianriver.com Website: www.voteindianriver.com (D Under Florida law, e-mail addresses are public records_ If you do not want your e-mail address released in response to a public-records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. --F.S. 668.606 From: Jay Bollenbacher [mailto:jay.bolienbacher@dominionvoting.com] Sent: Monday, December 03, 2012 6:40 AM To: Gary Gordon Subject: RE: Memory Pack insight Gary, i°ve had the tearn hunt for additional inventory but it looks tike the remaining inventory is being field as warranty replacements and cannot be used for neva sales, JAY BOLLENBACHER :'}5'1"t:BtitsE .% ItitoS ttr. t, �c 239.220.0138 866.729.1783 =A= From. Gary Gordon [mailto:ggordon()voteindianriver.com7 Sent: Tuesday, November 27, 2012 -10:25 AM To. Jay Bollenbacher Subject. RE: Memoil! Pack insight Around 40 packs —Gary Gordon IT Manager, CERA !n:lian river County SOE 4375 43rd Ave Vero Beach, FL 32967 772. 226.3438 direct 772. 770.5367 fax ggordon voteindianriver.com www.voteindianriver.com Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public-records request, Do not send electronic mail to this entity. Instead, Contact this office by phone or in writing. -- F.S. 668.606 From: Jay Bollenbacher fmailto:jay.bollenbacher@dominionvoting.com] Seat: Tuesday, November 27, 2012 10:23 AM To- Gary Gordon Subject: RE: Memory Pack-insight Sure! How many are you looking for? JAY BOLLENBACHER I )5`r'ClrtlrCN. � eti 'lCr�! rVit�iJta;C k 239.220.0138 p,.ir.Lii.c 866.729.1783 From: Gary Gordon [mailto:ggordon(&voteindianriver.com] Sent: Tuesday, November 27, 2012 10:03 AM To: Jay Bollenbacher Subject: Memory Pack insight ,lay, 'Ate are interested in obtaining some more Memory packs for the insights, Could your quote use a price for them? Sequoia Part Number 4 460-31816-00 Gary Gordon IT Manager, CERA Indian River County SIDE 4375 43rd Ave Vero Beach, FL 32967 772. 226.3438 direct 772. 770.5367 fax ggordon voteindianriver.com www.voteindianriver.com Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public-records request, Do not send electronic mail to this entity. Instead, Contact this office by phone or in writing. -- F.S. 668.606 2 Leslie Swan From: Jay Bollenbacher <jay.bollenbacher@dominionvoting.com> Sent: Tuesday, February 19, 2013 7:53 AM �,,.. To: Leslie Swan Cc: Gary Gordon Subject: RE:Insight Preventative Maintenance Leslie, Unfortunately,the legacy Sequoia product line will not meet the current federal requirements in place and cannot be certified so these products are not included in the new Democracy Suite product line. The Democracy Suite product line that has just entered into the Florida certification process meets all Florida requirements. JAY BOLLENBACHER I CUSTOMER RELA"TIONS MANAGER S. ?,66 611-i uNAli� - r1JOfl ! C)f�� 239.220.0138 OACUBILE, 866.729.1783 FAX From: Leslie Swan [mailto:lswan(&voteindianriver.com] Sent: Monday, February 18, 2013 4:45 PM To: Jay Bollenbacher Cc: Gary Gordon '""Subject: RE: Insight Preventative Maintenance Jay: Does Dominion offer any equipment that is compatible with our Sequoia Voting System that satisfies F.S. 101.56075 "By the year 2016, persons with disabilities shall vote on a voter interface device that meets the voter accessibility requirements for individuals with disabilities under s. 301 of the Federal Help America Vote Act of 2002 which are consistent with subsection (1) of this section"? Regards, Leslie Rossway Swan, CERA Supervisor of Elections Indian River County 4375 43rd Avenue Vero Beach, FL 32967 Phone: 772-226-3435 Fax: 772-770-5367 Email: Iswan(a-voteindianriver.com 9'3. K . 3. I.I.-ting Systems Voting Systems Vendors Voling SyPag abotAXotinc[ stems Election Sdsterns and Software,LLC -------------------------------- 1'1208 John Galt Blvd. ertiiied Voting Systerns -- ---------------------------- Omaha, NE 68137 ertiriedVendors Contact: Ben Swartz --------------------------- State Certification Manager V Sys m ntrsrro- ` (402)970-1143 ------------------------------- brswariz�yote.corrm ertification Status and estiLig Schedule ------------------------------- echrical Advism,Approvall Dominion Voting Systems,Inc -------------------------- Irrni �ini��rm r r �_sa ('remier product line Sequoia product line (pdf,2551(b) 221 Hopkins Avenue -------------------------------- Jamestown, --------- -----------'Jamestown, New`cork 14701 Contact: Jay Bollenbacher Florida Account Manager Cell: (239)220.0138 Office:(239)471.7911 Fax: (866)729.1783 iay.bolenbactwr(adorninionvo6ng.corgi Last updated-February 7,2012 93. x . !_ 11ccpS://doe.ci.os.state.fl.us/vo%i-n sySteTjIs/CC;•cified-Iendoi-s.sfib111 2/10/2013 COMMUNITY DEVELOPMENT INDIAN RIVER COUNTY, FLORIDA IaAl MEMORANDUM TO: Joseph A. Baird; County Administrator FROM: Robert M. Keating, AI P; Comm Ity Development Director DATE: February 22, 2013 SUBJECT: Request to Approve a Preferred Vendor Contract with Clear Village,Inc.for a Building Division e-Permitting System It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 5, 2013. DESCRIPTION & CONDITIONS For a long time,one of the Community Development Department's principal objectives has been to establish an e-Permitting system for the Building Division. Such a system would allow applicants to submit building permit applications,including digital plan sets as well as electronic payments,over the internet. Getting to the point of e-Permitting has been an evolutionary process that has taken a number of years. That process began about 15 years ago when the County established its Automated Inspection Result System (AIRS). That system allowed contractors and others with active building permits to schedule inspections and obtain inspection results through an automated phone system application. Although still in use, AIRS has been largely replaced with a web based method of scheduling inspections and obtaining inspection results. Almost 10 years ago, the Building Division went to posting inspection results from the field using laptops which communicated with the permitting server through air cards. In conjunction with Mobile Highway,a private company offering subscription services,builders could obtain inspection results on their smart phones in real time. Just recently, the laptops used by inspectors in the field were replaced by tablets. That conversion, which has provided more functionality and enhanced inspection posting capability,required that a separate tablet application be developed and that minor system changes be implemented. FACommunity Development\Users\CDADMIN\AGENDA\2013\e-Permitting 030513.doc 1 94 To develop the referenced tablet application,staff contracted with Clear Village,Inc. (CVI),a Winter .. Park, Florida company, which focuses on governmental IT (information technology) solutions. Although essentially a start-up company with only a few completed projects, CVI performed exceptionally well in its development of the County's tablet application. Not only is the tablet application working well; it is more customized than originally planned. Even before the tablet application,CVI was one of the companies that staff looked at for developing an e-Permitting system for the County. Since the tablet application works well, staff requested that CVI submit a proposal to develop an e-Permitting system for the County. Attached to this staff report is CVI's e-Permitting proposal and an associated scope of work. • E-Permitting Project Generally,e-Permitting involves creating an application whereby applicants can submit applications, documents such as plan sets, and payments associated with obtaining a building permit. Also, e- Permitting can involve structuring internal work flows so that electronic plan sets can be sent to plan reviewers in various departments such as, planning, utilities, engineering, fire, and health. As proposed the CVI e-Permitting application will incorporate those components. In this case,CVI will be making some changes to the CD+permit tracking system currently used for building permitting, contractor licensing, development review, and code enforcement. Those changes will primarily involve permit data and contractor data. Overall, the e-Permitting system will include a front end interface where applicants can upload application forms, documents in various formats, and payments. Through the document management component of the system, staff will have the capability to review documents on their computer screens and annotate (put notes or comments on) those digital images. The e-Permitting system will also incorporate the existing AIRS system functionality in the process. As a result, applicants and permittees will have the ability to access permit and inspection information from the e-Permitting portal on the website. Unlike most County software acquisitions, the e-Permitting application will be a subscription service. As such,the County will lease the software from CVI,and CVI will host the software on its servers. Even with that arrangement, however, all permit and inspection data will reside on County servers. Since the CVI proposal reflects a subscription service rather than a software purchase, there are no up-front acquisition fees. Instead,there is an on-going monthly charge. As reflected in the attached Scope of Work,that discounted amount is$19,512.00 on an annual basis. The proposal also calls for maximum annual increases of CPI plus 2% for the first 10 years. Besides the annual subscription fees,there are one time start-up costs for professional services and training. Those costs are$7,500 and $2,800, respectively. FACoirununity Development\Users\CDADMIN\AGENDA\2013\e-Permitting 030513.doc 95 In addition to the costs listed above, there will be additional hardware costs associated with the '*Am- purchase of large computer monitors. Those monitors will make it feasible for staff to review building plans from computer workstations and contribute to establishing a paperless environment. Overall,those hardware costs could be up to$5,000,if dual monitors are required and if monitors in reviewing departments are upgraded. ANALYSIS Over the past year, County staff has worked extensively with CVI on developing the Building Division's tablet application. During that process, CVI has become extremely familiar with the County's computer system, permitting and inspection processes, and work flows. In addition,CVI worked with GIS and computer services staff, as well as other departments. As a result, CVI has already undertaken much of the research that any e-Permitting vendor would need to do. In the case of the tablet application development process,CVI proved to be competent,easy to work with, solution-oriented, and willing to do additional work without increasing the project cost. Consequently, the County received a product that functions well and increases work efficiency. As structured, the CVI tablet application is one component of the overall automated Building permitting and inspection system. For that reason,the tablet application will need to interface and be compatible with the e-Permitting system. One way to ensure compatibility is to have the same vendor that developed the tablet application also develop the e-Permitting system. With any project,price is a principal concern. In this case,CVI proposes to discount the monthly list price for its e-Permitting subscription services by more than 90%. As reflected in the attached scope of work,CVI's monthly list price for its e-Permitting modules is$17,450,while its proposal reflects a monthly cost to Indian River County of only $1,626. • Procurement Generally, selection of a vendor to provide the County with an e-Permitting system would entail going through either a bid or Request for Proposals (RFP) process. In this case, those processes would be needlessly time consuming and counter productive. The reason for that is that there is a preferred vendor with knowledge of the County's building permitting system, experience in developing components of the County's automated building permit system,the capability to perform the needed work, and a steeply discounted price proposal. In cases such as this, the County's purchasing rules allow the Board of County Commissioners to waive the bid process. Because selection of the preferred vendor would,for the reasons listed above, be in the best interests of the County, staff supports a waiver of the bid process in this case. • Funding Funding for development of the e-Permitting system is available from the building division enterprise account fund balance. That fund balance is sufficient to accommodate all e-Permitting costs. FACommunity Development\Users\CDADMMAGENDA\2013\e-Permitting 030513.doc 3 96 RECOMMENDATION Staff recommends that the Board of County Commissioners find that the selection of Clear Village, Inc. as the preferred vendor for the Building Division's e-Permitting system is in the best interest of the County. Staff further recommends that the Board of County Commissioners waive the bid process for the e-Permitting project,select Clear Village,Inc. as the preferred vendor,and authorize the Chairman to execute the attached master agreement for software licenses and professional services between Clear Village, Inc. and Indian River County, after receipt and approval of the required certificate of insurance and after the County Attorney has approved the agreement as to form and legal sufficiency. Attachments: 1. Clear Village ePermitting & eReview Pricing Proposal 2. Master Agreement for Software Licenses and Professional Services 3. Scope of Work APPROVED AGENDA ITEM: Indian River Approved Date FOR: .-rdV0h ,5, �3 Admin. .2 BY Legal 2 -Z 13 Budget 2 G7 l3 Dept. Risk Mgr. o .Q7 Purchasing FACommunity Development\Users\CDADMINWGENDA\2013\e-Permitting 030513.doc 4 97 Clear Village ePermitting & eReview Pricing Proposal February 27, 2013 Executive Summary Clear Village is committed to providing the best solutions for local government service delivery. Our technology provides compelling benefits for citizens,the business community, county staff, budgets and the environment. As a part of this proposal, Clear Village will deliver our technology enabled best practices that: • Are available 24/7 via the Internet • Improve the constituent/county relationship by providing a single portal for all interactions • Increase staff productivity by reducing in-person transactions and ongoing support calls • Drive down Overall IT costs by reducing the overall number of systems to manage and integrate In partnering with Indian River County, our primary goal is to create another customer that will experience the robust capabilities of Clear Village. We believe that we can work with your personnel to create a win-win relationship where, once they experience our solutions and our customer support, your employees will gladly communicate the County's success stories to other prospective customers via conferences, hosted meetings and by contributing to white papers. At the end of November, Indian River County went live with Clear Village's mobile inspection application. The work the Clear Village and Indian River County teams completed to configure and integrate Clear Village's Mobile Inspection Application and the associated Inspection Scheduling Software can be leveraged to realize the County's goal to allow citizens and contractors to apply for permits over the internet, and to allow staff to review permit applications electronically. This proposal offers a public portal for citizens and contractors to apply for and permits over the web, and a staff portal supporting the electronic review of permit application packages. We want to make it as easy as possible for Indian River County to take advantage of our solutions and meet your w. objectives to modernize the technology employed in the county. To that end, we are providing Early Customer discounted pricing as part of this proposal. This dramatically discounted pricing is available for a limited time and only to our initial key clients. In addition, Clear Village is also offering Indian River County a money-back guarantee. Should one or more of our solutions not meet the expectations of the county in the first year, Indian River County can request, and will be entitled to, a full refund. We can provide this guarantee because of our confidence not only in the products we sell, but also in the people that deliver them to your county. Electronic Permitting Subscription Proposal Subscription pricing has become the new industry standard for software licensing. Very few counties, and even public companies, are willing to pay large, up-front license fees with little or no recourse if the vendor does not perform. Subscription pricing not only lowers the initial cost to acquire new technology, it also keeps the vendor responsible for ongoing system enhancements, maintenance releases and upgraded functionality. Should a vendor not perform in a subscription model, the customer has a very straightforward way of terminating the relationship and pursuing another solution. The difference between a perpetual software license and a subscription license are outlined in the grid below. ,<j 3 Attributes Perpetual Subscription Upfront license fee Yes No Annual subscription UJUJ fee No Yes Annual maintenance C.1 fee Yes Included i License term Indefinite Annual Clear Village Inc.—Proprietary and Confidential 98 Subscription License Pricing ePermitting& eReview The pricing below includes all functionality necessary to implement Clear Village's ePermitting module. The following pricing builds on the work performed to configure and integrate Clear Village's Mobile Inspection Application and the associated Inspection Scheduling Software. The Base System and Permit Module extend the Staff Portal which the Building Department is using to schedule inspections and monitor the inspection process to support the electronic review of permit applications, including the annotation of documents, the generation of comments letters,and the automation of permit review workflows. The Citizen Portal builds on the configuration of the Permit System to allow citizens and contractors to apply for permits online, receive notifications as the permit process progresses, and to search for permits and inspections online. The following is the subscription pricing proposal for the first 12 months. Base System Subscription $10,000 $900 $10,800 Permit $3,200 $320 $3,840 Public Portal and eServices ePermittin $1,850 $166 $1,992 eNotifications $1,200 $120 $1,440 ePa ments $1,200 $120 $1,440 Totals $17,450 $1,626 $19,512 Professional Services Professional services fees are a one-time fee required to implement and integrate the Clear Village solution with your existing infrastructure. Our fees include all setup and training required to equip your staff to manage the Clear Village solution on an ongoing basis. In addition, all pricing is fixed fee so that you will never be concerned with the true cost to get your solution up and running. The professional services fee to configure the system is $7,500. The fee for role specific training for reviewers, permit technician, and administrators is $2,800. The County agrees to reimburse reasonable travel expenses associated with delivering the implementation and training services. t � t 9iik. Annual Module Subscription Licenses $19,512 Professional Services $7,500 APPROVED A5 TO PORM Training $2,800 A D Lr=GAL S F C $29,812 BY — WILLIAM K.DEBRkAL DEPUTY COUNT!ATTORNEY Clear Village Inc.—Proprietary and Confidential WIVEM R_ 99 MASTER AGREEMENT FOR SOFTWARE LICENCES and PROFESSIONAL SERVICES This Agreement is entered into effective as of: 2013 ("Effective Date") By and Between And CLIENT CLEAR VILLAGE INC. CLIENT STREET ADDRESS 1276 Minnesota Ave CLIENT CITY STATE ZIP Suite 1 Winter Park,Florida 32789 ("CLIENT") ("CVI") Attention: Attention: David Loeb Phone:( ) Phone: (407) 951-8038 Fax: ( ) e-mail: Whereas CLIENT is a governmental body charged and empowered with the responsibilities to properly manage and maintain the duties in accordance with the Laws of the State of Florida; and Whereas CVI is a computer software developer and IT services company and hardware reseller experienced in the installation and implementation of software used by the local and county governments to manage their operations and provide public services; and Whereas CLIENT desires that CVI configure and install the software and services defined in the Scope of Work ("SOW") hereunder in accordance with CVI's standard procedures and practices; and Whereas CVI has agreed to proceed with the installation and to provide the services as defined in the "SOW"; Therefore in consideration of these recitals and mutual promises and agreements hereinafter set forth, the parties agree as follows: 1. DEFINITIONS. "Services" means all work necessary to "Deliverables" means the list of software perform the services described in this Agreement and licenses, hardware, software and tasks to be provided to develop the Deliverables to be provided by Clear as identified in the"SOW". Village under this Agreement, including, but not limited to, consulting, analysis, design, programming, "Documentation" means the user testing, conversion, installation, implementation, documentation necessary to instruct users in the demonstrations,maintenance, and support services. efficient use and operation of the Software and all of its "Software" or "Licensed Software" means features, and the technical documentation necessary to the computer software, in object code and source code maintain, support, and enhance the Software, all format, developed by CVI (whether developed solely written according to generally accepted industry or in collaboration with any other party) in performing standards. the Services under this Agreement and provided to "CPI" means the consumer price index as CLIENT by CVI or otherwise accessed by CLIENT published by the Federal Government. under this agreement. N "Scope of Work" and "SOW"Means the list "Purchase Order" means the written of activities, responsibilities and deliverables as document authorizing the commencement of a Work defined in Work Plan Plan and commitment to pay the applicable fees. W "Proprietary Rights" means all patents, "Web Site Content" means the text, graphics +� patent applications and rights to file same, copyrights, and supporting HTML and scripts that comprises the trademarks, trade secrets, know how and all other working web site excluding third party software CA intellectual property and proprietary rights of any kind. Licensed Software. do ORL 297,896,905v5 5-31-11 100 "Work Plans" shall have the meaning as set forth in CLIENT under this Agreement, including, section 2.1. without limitation, arranging all meetings, "Recurring Fees" means fees for, i) support of visits, and consultations between the parties, and for the transfer of Deliverables and Licensed Software, ii) Hosting Services, iii) Software technical information between the parties. The Subscriptions. CLIENT Project Manager shall be the primary "Fiscal Year" means the month that a new budget point of contact for CLIENT and shall also be takes effect as per governing law for CLIENT. responsible for receiving all notices under this 2. SERVICES TO BE PROVIDED Agreement and for all administrative matters. CLIENT may replace the person serving as its 2.1 Work Plans: CVI shall develop a written Project Manager upon prior written notice to document that contains a detailed description of CVI. Any written agreement between the the tasks to be performed by CVI (the "Work Project Managers shall be binding on both Plan"), based on the products and services parties. requested by CLIENT and procured through 3.3 Staffing. Personnel provided by CVI to release of a Purchase Order by CLIENT. The perform services under this Agreement shall Deliverables, the Payment Schedule, the have the appropriate technical and application responsibilities of the parties, the prerequisites skills to enable them to adequately perform their to performance and the commencement and duties. Clear Village shall use its best efforts to completion dates for the tasks shall be identified assure continuity in staffing of personnel. in the Work Plan and, once approved, shall be considered the SOW for the engagement listed 4. TIMING. in the Purchase Order. 4.1 Efforts. Each party agrees to use commercially 2.2 Amendments. CLIENT may, from time to reasonable efforts to fulfill its obligations under time, add or remove products and services this Agreement and to meet the performance identified in the SOW. All amendments to the dates set forth in the Implementation Plan. SOW shall be in writing and signed by the 4.2 Interdependency of Dates. Each party Project Manager for each party. The fees understands that any variation from the associated with any amendments shall be in performance dates in the Work Plan may writing and signed by the Project Manager for adversely impact project milestones, including, each party. without limitation, the date of completion of 3. PROJECT MANAGEMENT AND STAFFING. this project. 3.1 Clear Village Project Manager. Clear Village 4.3 Notice of Delay. Each party agrees to notify shall assign and designate a staff member as its the other party promptly of any factor, project manager ("CVI Project Manager") who occurrence, or event coming to its attention that shall have the principal responsibility for may affect that party's ability to meet the overseeing and managing the performance of requirements of this Agreement, or that is likely obligations of CVI under this Agreement, to occasion any material delay in delivery of including, without limitation, arranging all any Deliverable. meetings, visits, and consultations between the 5. TERMS OF PAYMENT. parties, and for the transfer of Deliverables and technical information between the parties. The 5.1 License Fees: CLIENT shall pay CVI the CVI Project Manager shall be the primary point license fees set forth in the Work Plan for of contact for CVI and shall also be responsible licensed software provided therein. Unless for receiving all notices under this Agreement otherwise provided in the applicable Work Plan, and for all administrative matters. CVI may License Fees shall be payable in full by replace the person serving as CVI Project CLIENT upon delivery of Software to Client. Manager with written notice to CLIENT. 5.2 Support Fees: CLIENT agrees to pay CVI the 3.2 CLIENT Project Manager. CLIENT shall support fees set forth in the Work Plan. Unless assign and designate a person, either staff otherwise stated in the applicable Work Plan, member or consultant, as its project manager support fees shall be invoiced annually, in ("CLIENT Project Manager") who shall have advance, on the first day of the month following the principal responsibility for overseeing and the day of Delivery of the Licensed Software. managing the performance of obligations of Agreement No: Page 2 of 6 2/27/2013 Clear Village, Inc. 0 1 1 5.3 Subscription and Hosting Fees: CLIENT work shall be provided under a separate Work agrees to pay CVI hosting and subscription fees Plan. set forth in the Work Plan. Unless otherwise 5.11 Reimbursable Expenses. CLIENT agrees to stated in the applicable Work Plan, Subscription reimburse CVI for all reasonable and customary and Hosting Fees shall be billed quarterly, in advance, starting on the first day of the month out-of-pocket expenses including but not limited to travel, parking, tolls , meals and following completion of both the provisioning lodging expenses incurred by CVI in connection of the hosted environment and setup of the subscribed to software with the performance of any Work Plan. Meals shall not exceed CVI's then in effect per diem 5.4 Hardware Fees. CLIENT agrees to pay CVI amount. the fees set forth in the Work Plan for hardware. 6. CUSTOMER RESPONSIBILITIES Unless the Work Plan states otherwise, all hardware fees shall be invoiced at the time of 6.1 Communications. CLIENT agrees to provide delivery. CVI with access to its network using an 5.5 Other Service Fees. Unless otherwise stated in industry standard, gateway to gateway VPN via the applicable Work Plan,CLIENT shall pay all the Internet capable of connecting to CVI's fees for Services, other than Recurring Fees, on Cisco VPN appliance. CVI requires access to a time and materials basis according to CVI's servers and other hardware to provide support then current rates for Services. CVI will and CLIENT agrees that CVI shall not be invoice monthly for Services as used. required to provide support if access is denied. 5.6 Payment Terms. The fees and terms of 6.2 Security. CLIENT shall, at its own expense, prompt payment set forth in the Payment Plan protect its network, data and computer services shall be payable to CVI as set forth in the and protect against any unauthorized access to Payment Schedule and Fees of the applicable such facilities and computer viruses. CVI shall Work Plan. Unless otherwise stated in the not be responsible for any security breach or applicable Work Plan, all invoices shall be virus and expressly disclaims any liability for payable in accordance with the Local loss or damage caused by the unauthorized Government Payment Act F.S. 218.70 et seq. access or virus to CLIENT's computer systems. 3 Security Policy. CVI agrees to abide by 5.7 Late Payments: CVI may assess a late fee for 6. CLIENT'S published security policies. the unpaid invoice each month for all Late Payments. 5.8 Increases in Fees. Increases in Recurring Fees 7. OWNERSHIP AND LICENSES. shall take place only on the first day of the 7.1 Ownership by CVI. The Deliverables and all month of CLIENT's Fiscal Year and shall not elements of all Deliverables shall be exclusively exceed CPI plus 2% for the first ten (10) Fiscal owned by CVI. CVI shall exclusively own all Years from the effective date of the Agreement. Proprietary Rights embodied in or pertaining to CVI will provide written notification of fee the Deliverables and any portions of the increases at least thirty (30) days prior to the Deliverables made or conceived by CVI new Fiscal Year in which the fees will become including the right to Copyright or Patent except effective. only that Web Site Content shall be jointly 5.9 Fee Period. Service Fees and rates stated owned by CVI and CLIENT. under any Work Plan shall remain in effect for 7.2 LICENSES. All software originating with CVI 12 months from the date of Work Plan unless shall be provided to CLIENT under a software otherwise specified in the applicable Work Plan. License to CLIENT to allow CLIENT to use the 5.10 No Cost to self host. In the event CLIENT software. In no event shall CLIENT have the elects to host the licensed software, CVI shall right to grant sublicenses for use or copy of the not charge any additional fees, except only that CVI software. Upon full payment of License CVI may charge fees, either under a fixed price and Project Fees under a Work Plan, CVI shall or time and materials at CLIENT's request to grant a perpetual, non-exclusive, irrevocable assist CLIENT with setup and configuration of License to use the Licensed Software. CVI's software on CLIENT's computers. Such 7.3 Third-Party Rights. In performing services under this Agreement,CVI agrees not to design, Agreement No: Page 3 of 6 2/27/2013 Clear Village, Inc. 102 develop or provide to CLIENT any items that 9.2 No Export and Use. Neither party shall export, infringe any Proprietary Rights, privacy, disclose, share, or otherwise transmit, directly publicity or other rights of any person or entity. or indirectly, any Confidential Information to 8. REPRESENTATIONS AND WARRANTIES. any person or entity nor disclose any Confidential Information without the other 8.1 Third Party Rights. CVI warrants that none of party's prior written consent the written or recorded material prepared for 9.3 Duration. The obligations set forth in this CLIENT by CVI pursuant to the Agreement, or Section 9 shall be in effect during the term of any portion of it, nor the use of description this Agreement and shall survive indefinitely thereof, violates or will violate any copyright, after termination of this Agreement. trade scret or other intellectual property right or privacy or ike right to a third party. CVI agrees 9.4 Use of Trademarks. Neither party shall, to inform CLIENT promptly, in wirting, in the without the other's written agreement, use any event CVI becomes aware of such a claim. trademark, service mark, trade name, logo or 8.2 Qualifications. CVI warrants that the technical other commercial or product designation services provided by CVI shall be rendered by belonging to the other. qualified personnel who will perform the tasks 10. INDEMNIFICATION. assigned to CVI with good professional practice Clear Village agrees to indemnify, defend, and in accordance with the current state of the art hold CLIENT, its officers, directors, employees, involved. representatives, agents, and the like harmless with 8.3 DISCLAIMER. Except for the forgoing respect to all liability, loss,damage,claims,actions and express warranties CVI disclaims all expenses (including attorneys' fees) based upon or warranties, either expressed or implied, with arising out of(a) any infringement by the Deliverables respect to the written and/or recorded of any patent, copyright, trade secret, or other material prepared for os supplied to proprietary right of any third party. CLIENT pursuant to this Agreement, 11. TERMINATION. including, but not limited to any warranties W.. as to the merchantability of such materials or 11.1 By Either Party. Either party shall have the fitness of such materials for a particular use. right to terminate this Agreement upon written 9. CONFIDENTIAL INFORMATION. notice upon the occurrence of either of the following events: 9.1 Nondisclosure. Except as necessary to perform 11.1.1 Default. If the other party defaults the Services and except as otherwise expressly in the performance of any of its material permitted under this Agreement, both parties obligations under this Agreement and such default shall maintain the confidentiality of, and shall not, directly or indirectly, disclose or use, the continues for a period of thirty (30) days after receipt of written notice specifying the nature of Confidential Information of the other party. As the breach. used in this Agreement, the term "Confidential Information" means and includes all source 11.1.2 Convenience. This Agreement code, product specifications, client lists, shall be for an initial term on twelve (12) months. business goals, finances, planned or proposed Thereafter, the Agreement shall automatically products, manuals, documentation and any renewal for additional periods of twelve (12) information labeled as "Proprietary", or months, unless terminated by either party pursuant "Confidential". Both parties shall disclose to this Section. Either party may terminate this such information only to employees who require Agreement with sixty (60) days notice prior to the such knowledge of use in the ordinary course end of the then current term. and scope of their employment under this Agreement. Both Parties agree to ensure that 11.1.3 Ceases Doing Business, Etc. If the aother party ceases conducting business in the any employees or approved subcontractors who are in receipt of any Confidential Information normal course, admits its insolvency, makes an are bound by an appropriate non-disclosure assignment for the benefit of creditors,or becomes the subject of any judicial or administrative agreement. Confidential Information shall not include documents considered to be "Public proceedings in bankruptcy, receivership or Records"pursuant to F.S. Chapter 119. reorganization. Agreement No: Page 4 of 6 2/27/2013 Clear Village, Inc. 103 11.2 Deliverables. If this Agreement is terminated acknowledge that employees who are engaged for any reason,CVI shall advise CLIENT of the in computer-related activities possess special, w. extent to which performance has been unique and extraordinary technical talents completed through the termination notice date, which are in great demand in the present and collect and deliver to CLIENT all economy and further recognize and Deliverables, including, without limitation, all acknowledge that each party has incurred work-in-progress. CVI shall be paid for all work substantial expense in recruiting and training performed through the date of receipt of notice such employees and would incur even greater of termination. expense if required to replace any such 12. INSURANCE employee. Therefore, both parties agree not to recruit or employ, either directly or indirectly, a 12.1 Insurance Coverage. During the term of this present employee of the other party during the Agreement, CVI shall maintain insurance term of this Agreement and for a period of six coverage as follows: (6) months thereafter without the other party's Maximum Coverage per prior written consent. Insurance occurrence. 13.3 Injunctive Relief. CLIENT and Clear Village Workmans Compensation Minimum amount agree that in the event of any breach of Section and Employer Liability required by law. 11 monetary damages may not be a sufficient Automobile Liability $1,000,000 remedy or protection for the aggrieved party, Data Processi and that the aggrieved party shall be entitled to Ommissions. $1,000,000 injunction or other relief as may be deemed Commercial General Liability: proper or necessary by a court of competent General Aggregate $1,000,000 jurisdiction without the need to post a bond. Products $1,000,000 13.4 Delays. Neither party shall be liable to the Each Occurrence $1,000,000 other party for any delay or failure to perform Fire Damage $1,000,000 its obligations if such delay or failure arises Medical Expenses $10,000 from any cause beyond the reasonable control of that party. 12.2 Certificate: Upon request, CVI shall provide 13.5 Return of Materials. Upon termination of this CLIENT with certificate(s) of insurance which Agreement, both parties shall deliver to the shall be sent directly by the insurance agency and shall designate CLIENT as an additional other, all Confidential Information and other insured. materials, including, without limitation, all source code, flow charts, diagrams, drawings, 12.3 Expiration: CVI shall use all commercially blueprints, keys, tools, business notes, reasonable efforts to notify CLIENT with at memoranda, specifications, devices, and least thirty (30) days written notice prior to the documents. Except as may be necessary to expiration of cancellation of coverage afforded defend against any legal claims and held in under the applicable policies. confidence my legal counsel, each party shall 13. GENERAL TERMS AND CONDITIONS not retain any photocopies, facsimiles, tapes or other copies of any of the materials or 13.1 Independent Contractor. CVI is an Confidential Information. independent contractor and nothing in this 13.6 Notices. All notices given under this Agreement shall be deemed to make CVI an Agreement shall be in writing and mailed by agent, employee or joint venturer of CLIENT. regular first-class mail or expedited mail Neither CVI nor any employees, agents or service, postage prepaid and addressed to the subcontractors of CVI shall be entitled to any parties at the addresses first set forth above or at benefits that CLIENT provides for its own such other addresses as the parties may employees, including, without limitation, designate in writing. Notices sent via email worker's compensation and unemployment shall be deemed given once the receiving party insurance. CVI shall be solely and entirely acknowledges receipt of the email. responsible for CVI's acts and the acts of CVI's employees,agents and subcontractors. 13.7 Amendment. No provision of this Agreement 13.2 Non-Recruitment; Non-Solicitation of may be modified except by a written document w.. Employees. CLIENT and CVI recognize and Agreement No: Page 5 of 6 2/27/2013 Clear Village, Inc. 104 signed by a duly authorized representative of equity. Notwithstanding anything to the each party. contrary contained herein, the liability of CVI for any breach of it obligations under this 13.8 Assignment. CVI may subcontract or assign Agreement and/or for any indemnity obligation this Agreement including any of CVI's rights or hereunder shall be limited to the aggregate obligations under this Agreement with 30 days amounts received by CVI under the specific prior written notice to CLIENT. work plan for which the breach occurred. and in 13.9 Waiver. No provision of this Agreement shall no event shall CVI be liable for lost profits or be deemed waived and no breach excused, special or consequential damages. unless such waiver or consent shall be in 13.14 Compliance with Laws. In connection with writing and signed by the party claimed to have the performance of services, CVI shall fully waived or consented. Any consent by any party comply with all applicable laws, rules and to, or waiver of, a breach of the other party, regulations of all authorities, including, without whether express or implied, shall not constitute limitation, immigration, occupational safety, a consent to, waiver of, or excuse for any civil rights,and insurance laws. different or subsequent breach. 15 Governing Law. This Agreement shall be 13.10 Binding Effect. This Agreement shall be 13. governed by and interpreted according to the binding upon and inure to the benefit of CVI laws of the State of Florida. and CLIENT and their respective legal representatives, successors and authorized 13.16 Survival of Certain Obligations. After assigns. expiration or termination of this Agreement, those provisions that specifically provide for 13.11 Counterparts. This Agreement may be survival beyond expiration or termination, and executed simultaneously in one or more counterparts each of which shall be deemed an all provisions, if any,regarding indemnification,original, but all e warranty, limitations of liability, and which together shall confidentiality and/or protection of proprietary constitute one and the same agreement. rights and trade secrets shall survive indefinitely 13.12 Severability. If any provision of this or until the expiration of the time period Agreement shall be prohibited or unenforceable specified elsewhere in this Agreement with by any applicable law, the provision shall be respect to the provision in question. ineffective only to the extent and for the 13.17 Entire Agreement. This Agreement constitutes duration of the prohibition of unenforceability, the entire agreement between CVI and CLIENT without invalidating any of the remaining with respect to the subject matter of this provisions. Agreement and supersedes all earlier 13.13 Remedies. The rights and remedies provided agreements and understandings, oral and herein shall be cumulative and in addition to written,between the parties. any other remedies available at law and in The parties have signed this Agreement as of the date first written above. CLIENT. CLEAR VILLAGE INC. By: By: Title: Title: Date: Date: APPROVED AS TO FORM A SY�NU A SlJ Fp�¢'s WILLIAM K.DESRAAL DEPUTY COUNTYATTORNEY Agreement No: Page 6 of 6 2/27/2013 Clear Village, btc. 105 ePermitting & eReview Statement of Work Introduction This Scope of Work("SOW") details the services and associated fees to be performed under the Master Agreement for Software Licenses and Professional Services ("Agreement') between Indian River County("Client" or"County") and Clear Village("CVI"). This SOW is an addendum to the "MASTER AGREEMENT FOR SOFTWARE LICENCES and PROFESSIONAL SERVICES" agreement between the parties dated This SOW includes software subscriptions and professional services as detailed below. Software Subscriptions The term of the subscriptions is 12 months. The following subscriptions are provided to Client under this SOW: �ce ,er Base System Subscription $10,000 $900 $10,800 Permit $3,200 $320 $3,840 Public Portal and eServices ePermitting $1,850 $166 $1,992 eNotifications $1,200 $120 $1,440 ePa ments $1,200 $120 $1,440 Totals $17,450 $1,626 $19,512 Because Clear Village is already hosting the Inspection system for the County, there is no charge for Clear Village hosting the ePermitting system. Services The Professional Services described in the Work Plan below are included in the SOW. The fee for the Professional Services is$7,500.00. The Training described in the Work Plan is also included in the SOW. The fee for the training is $2,800.00. Work Plan Under this Work Plan, CVI shall deliver services, collaborating with County staff, to configure the ePermitting system to support online submission of permit applications, support for electronic documents, support for electronic reviews, and support for contractor registration. The Work Plan includes the configuration and training needed to be successful with electronic permitting, electronic documents and electronic reviews. Will Specifically, CVI shall deliver the following Professional Services to implement the ePermitting, eReview Q and contractor registration systems for Client. Ir- 1. Data Conversion: CVI shall perform a data conversion to load the following into the ePermitting system. Clear Village Inc. 1 106 ePermitting & eReview Statement of Work a. Permit data 'lam,,, b. Contractor data 2. Configuration: CVI shall configure the ePermitting system in support of the production deployment of ePermitting and eReview. a. Permits will be configured specifying information documents needed in the permit package b. Fees associated with permit processing will be configured. This task includes: b.i. Defining applicable fees so they can be calculated and applied during the processing of a permit. b.ii. Integrating with the County's selected electronic merchant to provide support for credit card payments if so desired by the County. c. Information and documents required for Contractor registration will be configured. d. Fees associated with contractor registration will be configured. e. Online submission will be enabled for any and all permits of the County's choosing. The system will be configured to support the document types desired by the County. Typical type selections include PDF,various image formats, and AutoCAD. f. Comment letters and approval letters will be configured using the County's preferred headers and footers, and the County's legal language. g. Thirty reports of the County's choosing will be configured. h. Thirty workflows of the County's choosing will be configured. 3. Integration a. The system will be integrated with the County's selected eMerchant if the County elects to accept credit card payments over the website. 4. County Website a. Clear Village's Citizen Portal will be integrated with the County's website. b. The Citizen Portal will be configured to guide applicants thru the permit submission process. c. Notifications to applicants and contractors will be configured per the County's preferences. Clear Village Inc. Z 107 ePermitting & eReview Statement of Work d. The Citizen Portal will be configured to accept resubmissions and revisions per the County's policies. e. The Citizen Portal will be configured to provide permit search capabilities per the County's policies for the general public, for applicants and for contractors. f. The Citizen Portal will be configured to support online Contractor registration per the County's policies. 5. Training CVI shall deliver the following training courses a. Reviewer Training b. Permit Technician Training c. Administrator Training d. Contractor Registration Training Hardware No hardware fees are contemplated under this agreement. Responsibilities of the Parties •- Clear Village is responsible for performing the tasks identified in the Work Plan section above. The County is responsible for collaborating with Clear Village staff to facilitate the implementation of the system. With respect to the County's website and the Citizen Portal, Clear Village will be responsible for delivering the Citizen Portal and providing links to the County's site. The County shall be responsible for providing links to the Citizen Portal from the County's website. The County will permit Clear Village to use images and color schemes from the County's website in the Citizen Portal to provide a consistent look and feel between the County website and the Citizen Portal. Deliverables The deliverables are as follows: 1. A detailed project schedule listing tasks, specifying planned commencement and completion dates. The detailed project schedule shall be provided within two weeks of contract signing. This schedule shall be reviewed and agreed upon by both parties and will become an addendum to this Statement of Work. 2. Data Conversion deliverables include: a. Converting permit data and loading it into the Clear Village system. b. Converting contractor data and loading it into the Clear Village system. Clear Village Inc. 3 108 ePermitting & eReview Statement of Work 3. A configured ePermitting system hosted by Clear Village. This requires the completion of all the Configuration tasks identified in the Work Plan. 4. Support for credit card processing using the County's selected eMerchant, if so desired by the County. 5. Integration of the Citizen Portal with the County's website. 6. Completion of the training courses identified in the Training section of the Work Plan. 7. Onsite support for the County's go-live with ePermitting. Authorizations The parties have signed this Agreement as of the date first written below. CLIENT CLEAR VILLAGE INC. By: By: Title: Title: Date: Date: APPROVED AS 'Tei FORM AND LE AL SY - WILLIAM K.DEBRAAL DEPUTY COUNTY ATTORNEY Clear Village Inc. 4 109 INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES BOARD MEMORANDUM Date: February 18, 2013 To: Joseph A. Baird,County Administrator From: Vincent Burke P.E., Director of Utility Services Prepared By: Terry Southard, Operations ManagerAlp�—,> t-Y` Subject: Final Pay to L3 Communications of Largo FL for IRC Bid No. 2012044 to South RO Plant Wonderware Software Upgrade BACKGROUND On July 10, 2012, the Board of County Commission (BCC) awarded Bid No. 21312044 to L3 Communications of Largo FL. The bid amount of$92,000.00 was awarded to upgrade the software operating system from RS View to Wonderware InTouch 10.5. This software operates the facility monitoring of all the equipment within the water plant. On November 20,2012,the Board of County Commission approved a Change Order with L3 Communications in the amount of$34,750.00. This brought the total bid cost to$126,750.00. The Change Order(No. 1) amount was so L3 Communications could upgrade the operating software at the North County RO facility to facilitate communications between the two water plants,thereby allowing operators to control key functions for both plants from either facility. ANALYSIS: L3 Communications has successfully completed upgrading the software at both the South and North RO water plants. To date they have been paid$92,000.00. Their Final Pay request of$34,750.00 is for completion of the upgrade. FUNDING: Funds for this project are derived from the software budget in the Utilities operating fund. The Operating fund budget is derived from water and sewer revenues. Computer Software 471-169000-12516 $34,750.00 RECOMMENDATION: It is Staff's recommendation that the Board of County Commissioners approve Final Pay to L3 Communications of Largo FL, in the amount of$34,750.00, and authorize the Chairman to execute same, as presented. Inclusive of the final payment total amount paid to L3 Communications will be $126,750.00. F:\Utilities\UTILITY - EMPLOYEE FOLDERS\Terry Southard\Agendas\Agenda - L3 Communications south Ro 10 Attachment(s): I) Final Pay Invoice APPROVED FOR AGENDA: Indian River Co. Ap roved Date Administration a Utilities -. __ -- $y: Utilities G�c •�'� Josepk A. Baird, County Administrator Legal Budget 2.71j For: �c �. .2D/3 Date F:\Utilities\UTILITY - EMPLOYEE FOLDERS\Terry Southard\Agendas\Agenda - L3 Communications South RO 11 Invoice Number -mmunications 172596-R Detection Systems J 044 DL i)�-_—commerce Way Contract Number F E B Woburn, MA 01801 USA 2012 Telephone: 781-938-7800 __j FAX: 781-939-3973 IDate Issued: February.13,2013 -3054475 Federal ID#04 BILL TO: SHIP TO: INDIAN RIVER COUNTY INDIAN RIVER COUNTY OFF.OF MANG &BUDGET PURCH DIV 1800 27TH STREET 1800 27TH STREET VERO BEACH,*FL 32960 VERO BEACH, FL 32960 Unit Price Total Item# Quantity Description of Contents (U.S Dollars) (U.S Dollars) Non-Stock 34,750.00 34,750.00 Upgrade Software Wonderware in Touch 10.5 North RO Plant TOTAL $34,750.00 "wow jrdIt' n R�iv o— r lCo, Apptovbd Dae Director Asst,Director Engineer Other I Wire Transfer instructions Bank Name:JP Morgan Chase, N.A. 071000013 .,,,,,,;HASUS33(for international Payments) Account#656511029 Account Name: L-3 Communications Security and Detection Systems,Inc Page I of I 112 /A INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES �•— AGENDA ITEM DATE: February 22, 2013 TO: Joseph A. Baird, County Administrator FROM: Terry Southard, Operations Manager Q THRU: Vincent Burke, P.E., Director of Utilities (9 SUBJECT: Work Order No. 6 with MBV Engineering for Roof Replacements BACKGROUND: On November 15, 2011 the Board of County Commissioners approved the Continuing Contract Agreement for Professional Services with MBV Engineering, Inc. Work Order No. 6 with MBV will provide signed and sealed engineering drawings and scope of work for contractor bids for roof replacements at three utility facilities for the sum of $26,500.00. ANALYSIS: Presently, the roofs at three utility facilities are in need of replacement. The first roof is that of the South County Reverse Osmosis (RO) Plant located at 1550 9th Street SW. The second is for that of the pump building located at the North County RO plant located at 7751 58th Avenue. The third is for the office and lab building at the South County Wastewater Plant located at 2600 6th Avenue SW. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Work Order No. 6 with MBV with tasks as outlined in the attached scope of services and requests the Board to authorize the Chairman to execute the attached Work Order No. 6 for the amount of $26,500.00 113 FUNDING: Funds for this project are in two different roof replacement accounts in the operating budget. The Operating fund budget is derived from water and sewer revenues. DESCRIPTION ACCOUNT NUMBER AMOUNT North and South RO Roof 47123536-044699-13508 $18,000.00 Replacements South County Wastewater 47123536-044699-13509 $8,500.00 Roof Replacements Attachments: Work Order 6 Exhibit#1 Approved: S a,� Joseph A. ird, Co my Administrator For: a 3 (Date) N... Indian River Co. Approved Date Administration ,2/a 7113 Utilities Utilities Legal 7i.26 Budget r /j sir 114 WORK ORDER NUMBER 6 This Work Order Number 6 is entered into as of this day of 20_ pursuant to that certain Continuing Contract Agreement for Professional Services entered into as of November 15, 2011 (the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and MBV Engineering, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit 1 (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit 1 (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit 1 (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS MBV Engineeri c. OF INDIAN RIVER COUNTY By: By: Chairman Title: BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: t 1 seph A.baird, County Administrator Approved as to form and legal sufficiency: j Alan S. ckwich, Sr., County Attorney 115 EXHIBIT I INDIAN RIVER COUNTY UTILITIES ROOF REPLACEMENT �. at SOUTH COUNTY RO PLANT, HOBART PLANT, AND SOUTH WWTF GENERAL As per our coordination and recent site inspections, it is our understanding that the roof covering is failing at three of the Indian River County Utility Department's critical facilities. The first facility is the South RO Plant(13,600 SF). The second facility is the Hobart Water Treatment Plant (3,500 SF), and the third facility is the South Wastewater Treatment Facility (3,500 SF). It appears that sub-standard construction methods were utilized in numerous areas on all three buildings, and as a result, full replacement is recommended. Furthermore, we understand the Utilities Department needs to have the existing roof replaced and drawings / specifications and bid documents produced that can be utilized for contractor selection. As such,we are proposing to provide the below services to meet the above needs. SCOPE OF WORK Based on the scope of work and our understanding of the rules and regulations of the governing agencies, our performance of the work would include the following services, as needed and/or required at each facility: COORDINATION 1) Project coordination with the agent from Indian River County Utilities Department. 2) Review of available technical documents, such as structural plans and construction records. FIELD WORK 3) Conduct a preliminary assessment of the roof structure, recording the conditions of the existing roof system. 4) Determine repairs for unsafe or potentially hazardous conditions that require immediate action. 5) Inventory of non-structural elements to be affected by the re-roofing work. 6) Verification of visually accessible structural elements to support the roofing system. DESIGN 7) Preparation of design plans containing the roof plan and wind load calculations in accordance with Florida Building Code latest edition. 8) Preparation of roofing details showing the extent of work to be performed. 9) Preparation of details addressing non-structural elements that will be affected by the re-roofing process. 10) Preparation of code references and technical specifications to follow during the construction process. BIDDING SERVICES 11) Preparation of bid documents for reroofing and prescriptive measures for improving the structural system if needed. 12) Coordinate with contractors for bids and recommendations. 13) Review contractor bids and provide recommendations. CONSTRUCTION SERVICES 14) Construction observation and inspection 15) Payment Request Review and Recommendation 16) Final Inspection/Acceptance Recommendation Page 1 of 2 116 CONSULTANT shall provide those professional services as specified and detailed in the contract. In �... rendering these services, CONSULTANT shall apply the skill and care ordinarily exercised by engineers at the same time and locale the services are rendered. The client shall provide all criteria and information with regard to their requirements for the Project. This shall include, but not be limited to,type of roofmg and remediation systems for the areas inspected. SCHEDULE: It is estimated that the tasks mentioned in the scope above will be completed within approximately 60 days, and estimated completion date for construction will be within 180 days of purchase order issuance. COMPENSATION: Compensation for IRCU Work Order No. 6 services described herein are detailed below for each facility and will be based on the Lump Sum Method in accordance with Section 5 of the Agreement. The total estimated fee shall not exceed $26,500 without mutual agreement by the County and CONSULTANT. The compensation for each facility shall be as follows: Task 1 —South County RO Plant Roof Replacement $9,500 Task 2—Hobart Water Treatment Plant Roof Replacement $8,500 Task 3 —South County Wastewater Treatment Facility Roof Replacement $8,500 ADDITIONAL SERVICES: When required by the County or the Contract Documents, where circumstances exist beyond the CONSULTANT'S control, CONSULTANT shall provide or obtain from others, as circumstances require, those additional services not listed as part of the Work Order. CONSULTANT shall notify County promptly prior to commencing said Additional Services, and if agreed upon, will be paid for by County in accordance with the Master Agreement. Professionals and vendors intended to provide additional services shall first be approved by the County, in writing,by the County's Project Manager. Page 2 of 2 117 /D( L Office Of Attorney's Matters 03/05/13 v , f INDIAN RIVER COUNTY �... ATTORNEY Alan S.Polackwich,Sr.,County Attorney William K.DeBraal,Deputy County Attorney Brooke W.Odom,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners THROUGH: Alan S. Polackwich, Sr., County Attorrf� FROM. William K. DeBraal Deputy County Attorne YW Kp--- DATE: February 27, 2013 SUBJECT: Stipulated Order for Expert Witness Fees for Mary Charlene Brown Parcels 107A, 107B, 107C and 404 Back round Mary Charlene Brown owns four adjoining lots that will be impacted by the 66 Avenue Improvement Project. The Brown parcels are located on the west side of 66th Avenue north of 49th Street. The total area of the four lots is 10.12 acres. At its meeting of September 18, 2012, the Board approved purchase of four parcels of property from Mary Charlene Brown. The purchased necessary parcels are as follows: • Parcel 107A is the northern most parcel and is 0.99 acres in size. The County needs 0.34 acres for right-of-way. The property contains the Brown residence, consisting of a single family home with a 2-car garage, a pool, pond, gazebo and patio deck. • Parcel 107B is directly south of 107A and is also 0.99 acres in size. The County needs 0.34 acres for right-of-way from this parcel also. The property is improved with an air conditioned garage and shop building that contains a bathroom and a shower. • Parcel 107 C is directly south of Parcels 107A and B along 66th Avenue and turns to the west along 49th Street for 218 feet. This parcel is 3.53 acres in size and will be used for right-of-way. Aside from fencing, this property is unimproved. • Parcel 404 lies directly west of Parcel 107C and south of 107C and is 2.56 acres in size. The property is unimproved aside from some fencing. The parcel is needed for a stormwater treatment pond site. Acraved Date n. C,.G, MEFTIN - AR AGENDA z rt — CRNEY i MEMORANDUM — Charlene Brown Costs February 27, 2013 Page 12 The Stipulated Final Judgment is attached. In the Stipulated Final Judgment, the parties agreed to have Ms. Brown's expert witness fees to be decided by the parties and approved by the Board at a future date. As you recall, Florida law provides that the condemning authority (the County) is responsible for paying a property owner's reasonable expert witness fees. The parties have reached an agreement where the following experts will be compensated for their services: • Gillis & Company, property appraisers $ 35,000 • Landon, Moree & Associates, engineers $ 30,500 • Engelhardt Hammer &Associates, land planners $ 13,821 • R.B. Roberts & Associates, building contractor $ 14,428 • Roberts Horticultural Services, landscape contractor $ 6,927 • Knight, McGuire & Associates, surveying 750 Total $101,426 The above amounts represent compromised amounts. For example, Mr. Gillis originally sought $58,202.50 before accepting $35,000 in full and final consideration of his services. The other bills of the experts were reduced by 15 to 20% through negotiations. If the Board does not approve of the expert witness fees, they will be determined by the court, with the County responsible for paying for the opposing parties attorney's fees and any additional expert witnesses needed to testify as to the �. reasonableness of their fees. Additionally, the County would have to retain experts to testify in a fee hearing and pay outside counsel to prepare for and attend the fee hearing. Ms. Brown's attorney, Wiley Hicks, has agreed to accept $1,700 as supplemental attorney's fees in negotiating the expert fees in this matter. His fees also represent a reduced negotiated settlement. Funding. Funding is available from Optional Sales Tax/ROW/66th Ave- SR 60 to 49th Street, Acct #31521441-066120-06040. For FY 12/13, $1,686,000 has been budgeted for ROW, with $958,224 being expended year to date. Recommendation. The County Attorney's Office recommends that the Board approve the Stipulated Order Awarding Defendant, Charlene B. Brown, Experts' Costs & Supplemental Attorneys' Fees in the amount of $103,126.00. Copy to: John LeRoux, Esq. Wiley Hicks, Esq. Nw� 119 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY, FLORIDA Civil Action INDIAN RIVER COUNTY, a political subdivision of the State of Florida, Petitioner, Case No: 2009-CA-010963 V. Parcels: 107A, 107B, 107C &404 CHARLENE B. BROWN, et al., Defendants. STIPULATED ORDER AWARDING DEFENDANT, CHARLENE B. BROWN, EXPERTS' COSTS & SUPPLEMENTAL ATTORNEYS' FEES THIS CAUSE having come upon the Stipulation of the Petitioner, INDIAN RIVER. COUNTY, and the Defendant, CHARLENE B. BROWN, by and through their undersigned attorneys, and it appearing to the Court that the parties were authorized to enter into such Stipulation, and the Court otherwise being fully advised in the premises, it is ORDERED AS FOLLOWS: 1. Defendant shall recover from the Petitioner, INDIAN RIVER COUNTY, experts' costs in the amount of ONE HUNDRED ONE THOUSAND FOUR HUNDRED TWENTY-SIX AND 00/100 DOLLARS ($101,426.00), as follows: Gillis & Company, P.A. $ 35,000.00 Landon, Moree &Associates, Inc. $ 30,500.00 Engelhardt, Hammer&Associates $ 13,821.00 R.B. Roberts &Associates, Inc. $ 14,428.00 Roberts Horticultural Services, LLC $ 6,927.00 Knight, McGuire & Associates, Inc. $ 750.00 Total $101,426.00 120 2. Defendant shall recover from the Petitioner, INDIAN RIVER COUNTY, supplemental attorneys' fees in the amount of ONE THOUSAND SEVEN HUNDRED and 00/100 DOLLARS ($1,700.00). 3. Petitioner, INDIAN RIVER COUNTY, shall, within thirty (30) days of the receipt of a conformed copy of this Order, issue a check in the sum of ONE HUNDRED THREE THOUSAND ONE HUNDRED TWENTY-SIX AND 00/100 DOLLARS ($103,126.00) payable to Hicks & Schreiber, P.A. Trust Account, and deliver said check to J. Wiley Hicks, Esq., Hicks & Schreiber, P.A., 890 S. Dixie Hwy., Coral Gables, FL 33146, for proper disbursement. 4. Defendant shall not be entitled to recover any additional costs or fees other than as awarded above. DONE AND ORDERED in Vero Beach, Indian River County, Florida on this day of 12013. CIRCUIT COURT JUDGE Copies to: John M. LeRoux, Esq . J. Wiley Hicks, Esq. STIPULATION Petitioner, INDIAN RIVER COUNTY, and the Defendant, CHARLENE B. BROWN, by and through their undersigned counsel, respectfully move for the entry of the foregoing Stipulated Order Awarding Defendant, CHARLENE B. BROWN, Experts' Costs and Supplementary Attorney's Fees. J. Wiley Hicks, Esq. I FBN 0516155 John M. LeRoux, Esq. I FBN 0773166 Hicks & Schreiber, P.A. Policastro & LeRoux, P.A. 890 S. Dixie Hwy. 3090 Charles Avenue, Suite 200 Coral Gables, FL 33146 Clearwater, FL 33761 wiley@hicksschreiber.com john@jmleroux.com T: (305)661-6688 T: (727)712-1137 Attorney for Defendant Charlene B. Brown Attorney for Petitioner Indian River County Dated: Dated: 121 05 �ttVER Office Of Attorney's Matters 03105113 INDIAN RIVER COUNTY ATTORNEY Alan S.Polackwich,Sr.,County Attorney William K.DeBraal,Deputy County Attorney Brooke W. Odom,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners Ac THROUGH. Alan S. P la kwich, Sr., County Attorney FROM: William K. DeBraal, Deputy County Attorney DATE: February 27, 2013 RE: Settlement Agreement for Appraisal Fees for William and Ruth Stanbridge parcels Background. William and Ruth Stanbridge own two parcels of property located on the west side of 66" Avenue between 45th and 49th Streets. These rectangular shaped parcels front 66th Avenue. The property is zoned A-1, Agricultural, up to 1 unit per five acres. One property contains a 2 bedroom, 1.5 bath 809 sq. ft. wood frame house built in 1926. The house is currently used as an office for the Stanbridges. The other parcel is their homestead property and contains a 2 bedroom, 2 bath, 1,819 sq. foot concrete block house together with two pole sheds and a detached wood frame workshop The County obtained 0.42 acres from each parcel for road right-of-way for the 66th Avenue Project. The Board approved a Mediated Settlement Agreement for both Parcels on April 12, 2011. In that agreement, all matters were resolved except the fees sought by the Stanbridges' appraiser, Rod Gillis. His fee of $62,505 for two appraisals (one for each parcel) were considered unreasonably high by staff and the County's outside counsel. The parties agreed to either apply to the court for a hearing so the court might determine appropriate fees or attempt settlement at a later date. :u Aqrc,veo I Date a g TJ LA ACENOA NT A . EYE �_�___�___.LL_,_. — 122 MEMO — Stanbridge Appraisal fees Board of County Commissioners Page 2 Recently, the County Attorney's Office was contacted concerning Mr. Gillis' appraisal fees for the two Stanbridge parcels. Through negotiations with outside counsel and Brent Simon, Esq. attorney for the Stanbridges, Mr. Gillis has agreed to accept $40,000 in full and final settlement of all outstanding fees for these two parcels. If the Board does not approve of this expert witness fee, it will be determined by the court, with the County responsible for paying for the opposing party's attorney's fees and any additional expert witnesses needed to testify as to the reasonableness of their fees. Additionally, the County would have to retain experts to testify in a fee hearing and pay outside counsel to prepare for and attend the fee hearing. Funding. Funding is available from Optional Sales Tax/ROW/66th Ave- SR 60 to 49th Street, Acct #31521441-066120-06040. For FY 12/13, $1,686,000 has been budgeted for ROW, with $958,224 being expended year to date. VI. Recommendation. The County Attorney's Office recommends that the Board approve the Settlement Agreement for Appraisal Fees for the William and Ruth Stanbridge parcels. 123 13� �1vER Of C2 Of Attorney's Matters 03105113 INDIAN RIVER COUNTY ORI A ATTORNEY Alan S.Polackwich,Sr.,County Attorney William K DeBraal,Deputy County Attorney Brooke W. Odom,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners THROUGH: Alan S. Polackwich, Sr., County Attorney FROM: William K. DeBraal, Deputy County Attorne, DATE: February 27, 2013 RE: Necessit� of Take Resolution for parcel of property located at 6420 49t Street, Parcel 163 and accompanying Temporary Construction Easement yr.. I. INTRODUCTION The following information is submitted for consideration by the Board of County Commissioners (BCC) in approving the Resolution of Necessity for property acquisition associated with the construction of 66th Avenue north of State Road 60 (hereinafter referred to as "Project"), in Indian River County. The limits of the Project are from the intersection of SR 60 to Barber Street in Sebastian. II. PROJECT PURPOSE AND CHRONOLOGY The project consists of expanding 66th Avenue from a two lane road to a four lane road with turn lanes, improved drainage, 8' sidewalks and signalization. The first phase of the Project includes replacement of bridges at 33rd 37th 41St, 45th and 491h Streets and side street improvements. The project also includes roadway signage and pavement marking items. — teaCate 1. . . , MEE T ANG - REGULAR AGENDA Z7 t3 �4 �iivEY 124 66th Avenue Hobbs Estate Resolution February 27, 2013 Page 12 Earl Hobbs, Jr, was a life-long resident of Indian River County and active in the citrus industry. Mr. Hobbs passed away in January 2013 and his homestead was a 33.159 acre parcel of property that lies on the northeast corner of 66th Avenue and 49th Street. His daughter, Susan Hobbs, has been appointed Personal Representative of the Hobbs Estate. This rectangular shaped parcel fronts 66th Avenue and 49th Street. The property is zoned A-1, Agricultural, up to 1 unit per five acres. This parcel is his homestead property and contains a single family residential home, with a detached carport, garage and shed. The house is located over 500 feet from 49th Street and will not be impacted by the proposed take. None of the other structures present on the property will be affected by the take. The road construction plans for 66th Avenue call for the County to acquire 1.467 acres of property from the owner for road right-of-way along 49th Street. A 0.0746 acre temporary construction easement adjacent to the right-of-way is also needed from the Hobbs Estate. The required "Notice to Owner" information has been received by the property owner. A Resolution of Necessity does not require a public hearing. It requires the Board to review the safety, cost, alternative routes, long range planning and environmental aspects of the project in relation to the proposed take. The Board considered all of those factors at the meeting of March 17, 2009 and approved the Corridor Study for 66th Avenue and proposed 66th Avenue alignment in front of the Hobbs Estate property. A copy of the Corridor Study is available for review at the County Commission office or the Office of the Clerk to the Board. At the same time the Board considers this Resolution, an unconditional offer to purchase the necessary right-of-way and temporary construction easement will be made to the Personal Representative of the Estate. If that offer is not accepted, the County will file a lawsuit in eminent domain, and apply to the court for a "quick take" where Indian River County would have to show that it is necessary to take the needed property and the County has a good faith estimate of value. If the Court grants the acquisition, the County will deposit its appraised value into the Court Registry and take title, and the Hobbs Estate may access the deposit in the Court Registry, less any taxes, liens or mortgages owed on the property. The parties will then attend a mediation conference in order to settle the issue of compensation. If the mediation is unsuccessful, the parties will proceed to a twelve (12) person jury trial and the jury will determine the amount of compensation to be paid to the Estate. Acquisition of this parcel is important as it provides needed right-of-way and temporary construction easement for the road and new bridge on 49,1h Street. The attached Resolution of Necessity provides for the following: • The Board finds it necessary to acquire the property using Eminent Domain • Authorizes the County Attorney or outside counsel to file a lawsuit against the owners of the needed property 125 66th Avenue Hobbs Estate Resolution February 27, 2013 Page 13 • Authorizes County employees and its agents to take action necessary to prosecute the lawsuit to Final Judgment FUNDING: Funding is available from Optional Sales Tax/ROW/66th Ave- SR 60 to 49th Street, Acct #31521441-066120-06040. For FY 12/13, $1,686,000 has been budgeted for ROW, with $958,224 being expended year to date. RECOMMENDATION: Staff recommends that the Board approve the Resolution of Necessity and authorize staff to proceed with the necessary right-of-way and temporary construction easement acquisition through the County's power of eminent domain. Attachments: Proposed resolution Parcel sketches and legal description of property to be taken 126 RESOLUTION 2013- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DECLARING A REASONABLE NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY FOR THE PURPOSES OF IMPROVING AND RECONSTRUCTING 66' AVENUE, INCLUDING SIDE STREET, INTERSECTION, SIDEWALK AND WATER RETENTION POND IMPROVEMENTS; AUTHORIZING THE COUNTY ATTORNEY TO ACQUIRE THE ATTACHED PROPERTIES BY THE INSTITUTION OF PROCEEDINGS IN EMINENT DOMAIN, AND PROVIDING AN EFFECTIVE DATE. WHEREAS the population growth of Indian River County has greatly increased the vehicular traffic within the County Roadway Network; and WHEREAS the increased traffic has greatly impacted the traffic flow on north/south arterial roadways within the County's roadway network; and WHEREAS there is a great need to relieve congestion on U.S. Highway 1 and other arterial north/south roadways within the transportation network in southern Indian River County by widening and reconstructing 66th Avenue. WHEREAS the Indian River County Long Range Transportation Plan includes the planned construction of 66`}'Avenue as a major north/south arterial roadway. WHEREAS the Board of County Commissioners of Indian River County, having considered information provided by the County Public Works Director has determined that it is necessary and in the public interest to acquire fee simple title in the real property identified as Parcel 163 and more particularly described in Exhibit "A" for the improvement and the reconstruction of 66`" Avenue; and WHEREAS the Board of County Commissioners of Indian River County, having considered information provided by the County Public Works Director has determined that it is necessary and in the public interest to acquire a temporary construction easement in the real property identified as and more particularly described in Exhibit `B" for the improvement and the reconstruction of 66a'Avenue; and WHEREAS the Board of County Commissioners of Indian River County, Florida is authorized pursuant to Chapter 127, Florida Statutes, to acquire property by eminent domain for County purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY as follows: 1 127 RESOLUTION 2013- SECTION 1. The Board of County Commissioners adopts and ratifies those matters identified and set forth in the foregoing recitals. v... SECTION 2. Indian River County finds it necessary and in the public interest to acquire the real property described in Exhibits "A" and B", attached hereto and incorporated herein by reference, for the purpose of improving and reconstructing 66`h Avenue, including Side Street, Intersection, Sidewalk and Water Retention Pond Improvements in order to provide for the health, safety and welfare of the growing population of Indian River County. SECTION 3. The County Administrator, County Attorney and outside eminent domain counsel are hereby authorized and directed to immediately proceed to take the necessary steps for Indian River County to acquire in its own name, by donation, purchase or eminent domain proceedings, the real property described in Exhibits "A" and B", in the estate or interest as identified therein, and to have prepared in the name of Indian River County, all papers, pleadings, and other instruments required for this purpose, to file a Declaration of Taking upon the filing of any such Eminent Domain action and to ensure any eminent domain proceedings which may be filed pursuant to Florida Statute Chapters 73, 74, and 127 are prosecuted through Final Judgment. SECTION 4. The Board of County Commissioners of Indian River County, through the power of eminent domain conferred by Chapters 73, 74 and 127, Florida Statutes and all other statutory or common law granting the County the power to institute and proceed to acquire property utilizing the power of eminent domain, further hereby authorizes and directs the County Attorney for Indian River County, outside eminent domain counsel, and any other County �- employees or agents to take such further actions as are reasonably required to accomplish the purposes identified herein. SECTION 6. This resolution shall take effect immediately upon its adoption. 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 Joseph E. Flescher Vice Chairman Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Bob Solari Commissioner Tim Zorc 2 128 RESOLUTION 2013- The Chairman thereupon declared the resolution duly passed and adopted this 5th day of March, 2013. Attest: Jeffrey R. Smith, Clerk of the INDIAN RIVER COUNTY, FLORIDA Court and Comptroller By its Board of County Commissioners By By Deputy Clerk Joseph E. Flescher, Chairman BCC Approved: Approved as to form and legal Sufficiency William K. DeBraal Deputy County Attorney 3 129 SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEY! LOCATION MAP: NOT TO SCALE IEXHIBIT -- -- ;,3 c: 57th �St. ffe 4CqEn 14 -- N. stsN . 18 a 15; PJ; .P53rda St. ----- -- ►. -- ---- -20 --' ►:::: OWNER: 49th St.a z, EARL A. HOBBS, JR. 23 0 c ; 24 0 g ....................... :::::.:::::i :..: ;. I Site :Mcrtir� L.:::KingvERO-GFOR 145tf1 r DELIMITED ARE 26 o, ; 25 41 t `'`tS.Giffor Rd. 530 27 -----I -- 0 Barber Av 2s i P-- LEGAL DESCRIPTION: PARCEL 163 A PARCEL OF LAND BEING THE NORTH 50.00 FEET OF THE SOUTH 80.00 FEET OF THAT'PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 844, PAGE 2560 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, LYING WITHIN TRACT 5, INDIAN RIVER FARMS COMPANY PLAT OF LANDS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS, SAINT LUCIE COUNTY, FLORIDA, ALL SAID LANDS LYING WITHIN SECTION 20, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. CONTAINING 1.467 ACRES, MORE OR, LESS. CERTIFICATION: I HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE PREPARED. IN ACCORDANCE WITH THE SURVEYING'STANDARDS, CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS & MAPPERS, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS LEGAL DESCRIPTION AND SKETCH IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. THERE HAS BEEN NO FIELD WORK, VIEWING OF THE WILBUR F. DIVINE SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION PROFESSIONAL LAND SURVEYOR AND MAPPER WITH THE PREPARATION OF THE INFORMATION SHOWN LICENSE NO. 4190, STATE OF FLORIDA HEREON. NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RESTRICTIONS, RIGHTS-OF-WAY AND DATE: 9/26/07 EASEMENTS OF RECORD. REV: 12/10/09 DEPARTMENT M#"ER SCALE' CIECKED er Pcw Pcw I' = 100' PCW ARCADIS 1 ,26/07 ARCADIS U.S., INC. m ADDITIONAL R/W PROJECT NUMBER MWWc NUMBER 2WI vita Pmk*W Tel:(561)697--7000 Fay(561)697-7751 WPOO1053 10535 1 p west Palm Beach,Florida 33411 www.aroadi gmXom SHEET 1 OF 3 SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEY! 14,ow LEGEND: b 0 SEE SHEET 3 OF 3 ii rn l � w s I O Cfl J N No SECTION 20-32-39 W z I � 0 p Q � Z2 TRACT 5 P.B. 2, PG. 25, w UU- S.L.C.R. c=n Qo Ig OWNER: EARL A. HOBBS, JR. C cvADDRESS: 6420 49TH STREET En a Io VERO BEACH, FL., 32966 u a PID - 32392000001005000001.0 z UJ IC' 3 O.R.B. 844, PG. 2560 as a m WEST LINE OF w I g � C: TRACT 5 J O BW Z + _ t2 ( p o U I� N00'08' n 10"E E ~ Iz 50.00' J STA: 706+60.23 0 CL OFFSET: 36.00 L i " I s N89 48 46 E 1278.23'(T) 707+00 708+00 709+00 710+0 I 711+00 712+00 b , S89'48'46"W 1278.21'(T) 49th STREET M , J SOUTH LINE OF TRACT 5 I C!- SOUTH LINE OF SECTION 20-32-39 N89'48'46"E 60' SUB-LATERAL "A-8" CANAL (BEARING BASE) INDIAN RIVER FARMS CO. PLAT OF LANDS - LOU P.B. 2, PG. 25, S.L.C.R. g STA: 706+59.95 IOFFSET: 14.00 R PROJECT MANAGER DEPARTMENT MAN M SCALE: CHECKED BY PCW PCW 1' = 100' PCW ARCADIS T �� WAN BY 9iz6ia7 ev ARCADIS U.S., INC. Co ADDITIONAL R/W PROJECT NUMBER DRAWING NUMBER 2081 vtsla Parkway Tet:(561)697-700D Fac(561)697-T751 WP001053 10535�jjj 0 west Patin Beach,FWda 33411 wwv+.er can SHEET 2 of 3 SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEY! LEGEND: - BASELINE o IRFC - INDIAN RIVER FARMS COMPANY L - LEFT ►I O.R.B. - OFFICIAL RECORDS BOOK P.B. - PLAT BOOK ! PG. - PAGE J R - RIGHT R/W - RIGHT-OF-WAY V' 1 STA. - STATION i S.L.C.R. - ST. LUCIE COUNTY RECORDS i 1 SECTION 20-32-39 1M 1 TRACT 5 ! p P.B. 2, PG. 25, N S.L.C.R: TRACT 6 i ta- P.B. 2, PG. 25, r S.L.C.R. 1 w OWNER: EARL A. HOBBS, JR. ADDRESS: 6420 49TH STREET EAST LINE OF-`� 1 VERO BEACH, FL., 32966 Bt TRACT 5 PID - 32392000001005000001.0 Q O.R.B. 844, PG. 2560 0 1% ILLi N rz + E ! _ o S00'09'29"W 50.00' 1 o STA: 719+38.62 i N89'48'46"E 1278.23'(T) OFFSET: 50.00 L ! 13+00 714+00 715+00 16 I 716+00 717+00 718+00 7191+00 720+00 S8W48'46"W 1278.21'(T) 49th STREET o r i SOUTH LINE OF TRACT 5 i SOUTH LINE OF SECTION 20-32-39 1 N89'48'46"E 60' SUB-LATERAL "A-8" CANAL (BEARING BASE) INDIAN RIVER FARMS CO. PLAT OF LANDS 1 P.B. 2, PG. 25, S.L.C.R. STA: 719+38.32 1 OFFSET: 0.00 R 1 i PROJECT MANAGER I DEPARFMENT.W&GER SCALE: CHECKED BY " ARCADIS26,0 . DRAW N BY ARCADIS U.S., INC. m ADDITIONAL R/W PROJECT NUMBER DRAWING NUMBER 2081 vista Parkway TeL(561)697a00D Fac(561)697-7751 WPOO 1053 1053S Q west Palm Beach,Fbft 33411 www•ar�s-us.00m SHEET 3 OF 3 EXHIBIT . ." B " DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT Consisting of a 7 foot wide parcel (north/south) that is 400 feet in length (east/west) and located adjacent to the northwest portion of the part taken, Parcel 163; beginning adjacent to the northwest portion of the proposed part taken and also includes an adjacent 15 foot by 30 foot parcel adjacent to the northwest 7 foot by 400 foot parcel, consisting of 3,250 square feet or 0.0746 acres. 133 M Ira '" ral�pa B°'N- ea I`-la a E}1RL A. e$ R. Ba ea og eoea ea eaa �• T JI I Hp I I I I I I I i f I r�a�l I-�T°� It a ITa(rT,�ra g Ba }a la Ta ,a Ta �m I I I III I tae I rqe , Ta I �rul�L � I Too rBU-•�' I TO. JI Imo! I I Ira- I I Ir°e� I I I I� PEd 5 RWTURAL W CONST T ul TURA�pA�R�ES/wAtt I I I I I ► I PROPOSED TEMPORARY I I I ( Ira III I I I i I ri'I I III �- i LAA�S pL,�1 CONSTRUCTION fT OF ICONNsrRIAcrA7N s7,ao IL�I I I I I I I III III III ` I I I III III III I I I I I I III I IPI�P. TCE III I I I I IEASEMENT I I III III III I I I III III III I I I I i I IiI 4 1 1 III III I I -IllgP.11 TCt1 I I I I I I III III III I IIT oNsr. r COX. s� III ► I I a I I I I sr. LF -Ir Ac I291 L.,1� � O PJ III CT I I I III I I 1081 INT. IURB►6 I Ti IRI i P£F S1I C1R81 i GlJfrEl 1YPf FI I I 1 7 Q a I I I 1 .6 TO Bt PCNOVFO 8• 3 5 P. P•7 lFGL EXIST.eAReEO.IRE FERCE 76 eE REYPIEo- , 49TH STREET Y CONT. CONST 78 •� _ 1 EXi �amn RVNlINF �� �_--_- _ - - CONST.WRB i G ITER 7YP x ~ ASPHALT HILLIHG3 ,. L10NST. WAVED BARPoER WALL fSfE STRIA:TUREAL PIANS) _____ �--------------------'----------- Taa ---_------- r -Ta _---__---_-__ e,,, _r---.__-._-_ EXI - S. ROAD.ANO_-_- _ -_ -_ -- - N- }�AL��M L-1 NE ------------------------------- -- - FL 12.70 -"=EOe SUB-LATERAL A-B CANAL - FL - EOR -__ __ _- -------------- -_ . -------_.-- v -_--------- ";:::.Too FILL INI v I SWIFACE WATERS 26 � 26 B P seo 24 L _._RL_�.__-- 24 x ro ax - -— PI a0 _22 - 22 / EXIST. PROFILE T F ST. \/ 20 20 -- — -— - f LF - RCP r IF - Ir ACP 18 ---------- ---- __. 18 LF - wACP !L A9.60 ft If. 16 - --- 16 FL 12.60 FL 12.7 €i• - F 14 14 706 707 708 709 710 711 712 REYI SI OH. BT. GATE. SCALE.ROYED1-•AO' APPe PLAN AND PROFILE SHEET. 106 Deportment of Public Works DRAW, S.F. OF, 274 ARCADIS U.S., INC. Eng/leering Division `AT`. 3 06 66 TH AVENUE OATS. 10-0 H4, PROJECT H0. A1053 2081 VISTA PARKIIAT, NEST PALM BEACH, FL 33411 FIELD eaGK RG. 4fTN STREET IRC-JOB-140.i 15611 697-7000. FAX 15611 697.7751 ...110611CAON7°62PLPRHOeT49,jp 1016 0 012 1056'.10 AM 10-17-2012 OfC2 of Attorney's Matters 03/05/13 71 INDIAN RIVER COUNTY ATTORNEY Alan S.Polackwich,Sr.,County Attorney William K.DeBraal,Deputy County Attorney Brooke W.Odom,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners THROUGH: Alan S. Polackwich, Sr., County Attorn FROM: William K. DeBraal, Deputy County Attorney DATE: February 27, 2013 SUBJECT: Unconditional Offer for Parcel 108 on 66th Avenue owned by the Estate of Earl Hobbs, Jr., 6420 49th Street, Vero Beach �.. Earl Hobbs, Jr. was a life-long resident of Indian River County and active in the citrus and agricultural industry throughout his life. Mr. Hobbs passed away in January 2013 and part of his estate is comprised of a 33.159 acre parcel of property located at 6420 49th Street. This site is rectangular in shape with 1,278 feet of frontage along 49th Street and is 1,130 feet deep. The property is located outside the urban service boundary and is zoned A-1 Agricultural. The parcel contains a single family house together with a detached garage, detached carport and shed. None of the structures are affected by the take as they are more than 500 feet from the proposed take. In order to accommodate the planned improvements to 66th Avenue, the County needs to acquire approximately 1.467 acres from the Hobbs Estate. Also needed is a 7 by 400 foot temporary construction easement (TCE) abutting the needed tight-of-way to the north. Site improvements consisting of fencing and a concrete driveway fall within the area of take. A copy of an aerial of the parent parcel, the part taken, and the temporary construction easement are attached to this memorandum. A recent appraisal establishes the value of the parcel taken and the TCE at $25,750. Due to the large size of the parcel, the distance of the home from the road and the lack of structures near the area of the take, no value of the entire property was appraised. Due to the size of the property, staff is not recommending a whole take. The partial taking damages consist of land value of a A vel Uais aer�Jz ",'E'D FOR -- - __� ?- 3 w.�.G..(vi EGULAR AGENDA T Z Z _ -Z -�3 35 MEMORANDUM-Hobbs Estate February 27, 2013 Page 12 the part taken in the amount of $22,000, the value of the site improvements of $2,750 and the TCE of $1,000. No severance damages were attributed to the take due to the distance of the home from the proposed take and the size of the property. In order to recommence negotiations with the Hobbs Estate, who is represented by Brent Simon of the Brent Simon Law Group, Tampa, Florida, the Board is required to make an unconditional offer to the Hobbs Estate and provide the Personal Representative with a copy of the appraisal on which it is based. In the past, the Board has extended an offer of the appraised value plus 15% in order to defray possible attorneys fees. It should be noted that an offer conditioned on Board approval was made to Mr. Hobbs back in 2008 in the amount of $75,917.25 for the needed right-of-way based on a per acre value of $45,000 with a 15% incentive. ($45,000 X 1.467 acres = $66,015 + 15% _ $75,917.25) That offer was not accepted by the owner and thus never brought for Board approval. The most recent appraised value of $25,750 plus 15% would equal $29,612.50. The County acquired several parcels along the 66th Avenue project based on the Cherry Lane Ranch appraisal of$55,600 per acre. Funding: Funding is available from Optional Sales Tax/ROW/66th Ave- SR 60 to 49th Street, Acct #31521441-066120-06040. For FY 12/13, $1,686,000 has been budgeted for ROW, with $958,224 being expended year to date. NOW- Recommendation: Staff recommends the Board approve an unconditional offer to purchase the necessary right-of-way and temporary construction easement from the Hobbs Estate at a price of $75,917.25. Should you have any questions concerning this matter, please do not hesitate to contact me. 136 Indian River County, Florida Property Appraiser- Printer Friendly Map Page 1 of 1 Print Back �••- Indian River County GIS 0 00 0 50 04 9: D C ! na ParcelID OwnerName PropertyAddress 32392000001005000001.0 HOBBS EARL A JR 6420 49TH ST VERO BEACH, FL 32967 Notes SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEY! LEGEND: o SEE SHEET 3 OF 3 T II � w o L Lo w 1 cn cc ? o I tZ SECTION 20-32-39 U U- w "' O Q � w z TRACT 5 �j Ig P.B. 2, PG. 25, w J S.L.C.R. v=i z �- ( w g OWNER. EARL A. HOBBS, JR. Lu En tn- C14 ADDRESS: 6420 49TH STREET o (3 VERO BEACH, FL., 32966 PID - 32392000001005000001.0 = �I� N O.R.B. 844, PG. 2560 "Q Q m WEST LINE OF w w a TRACT 5 rn Z � J J + _ C> U Q N00'08'10"E o Z 50.00 Q I STA: 706+60.23 OLo o OFFSET: 36.00 L I " , N89 48 46 E 1278.23'(T) 707+00 708+00 709+00 710+0 I 16 711+00 712+00 S89-4846"W 1278.21'(T) 49th STREET Iz SOUTH LINE OF TRACT 5 v SOUTH LINE OF SECTION 20-32-39 N89'48'46"E 60' SUB-LATERAL "A-8" CANAL (BEARING BASE) INDIAN RIVER FARMS CO. PLAT OF LANDS I iu�j P.B. 2, PG. 25, S.L.C.R. STA: 706+59.95 OFFSET: 14.00 R doI = PROJECT MANAGER DEPARTMENT MANAGER SCALE: CHECKED BY PCW PCW t" = 100' PCW ARCADIS r, ou o SHEET TITLE %26/07 ca DRAWN BY ADDITIONAL R/W PROJECT NUMBER DRAWING NUMBER ARCADIS U.S., INC. s 2081 Vista Parkway Tel:(561)697-700D Fax:(561)697-7751 WPOO1053 1053S 1 3 Q West Palm Beach,Fkxida 33411 www.arcads-m.com SHEET 2 OF 3 SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEY! LEGEND: Q - BASELINE o IRFC - INDIAN RIVER FARMS COMPANY L - LEFT li O.R.B. - OFFICIAL RECORDS BOOK _ P.B. - PLAT BOOK uj PG. - PAGE R - RIGHT R/W - RIGHT-OF-WAY V) STA. - STATION i S.L.C.R. - ST. LUCIE COUNTY RECORDS I 1 SECTION 20-32-39 IM i TRACT 5 1 P.B. 2, PG. 25, N S.L.C.R. TRACT 6 • P.B. 2, PG. 25, w S.L.C.R. uj 1 c= OWNER: EARL A. HOBBS, JR. uj V)) ADDRESS: 6420 49TH STREET EAST LINE OF� VERO BEACH, FL., 32966 TRACT 5 PID - 32392000001005000001.0 Q O.R.B. 844, PG. 2560 0 N Z Z + O o S00'09'29"IN 10 o Q 50.00' 1 O STA: 719+38.62 i N89'48'46"E 1278.23'(T) a OFFSET: 50.00 L i • 13+00 714+00 715+00 16 716+00 I 717+00 718+00 719 +00 720+00 S89'48'46V 1278.21'(T) 49th STREET O i SOUTH LINE OF TRACT 5 SOUTH LINE OF SECTION 20-32-39 N89'48'46"E 60' SUB-LATERAL "A-8" CANAL (BEARING BASE) INDIAN RIVER FARMS CO. PLAT OF LANDS 1 P.B. 2, PG. 25, S.L.C.R. I 1 STA: 719+38.32 j OFFSET: 0.00 R 1 I PROJECT MANAGER DEPARTMENT MANAGER SCALE: CHECKED BY PCW PCW 1' = 1D0' PCW mr L fm ARCADIS r- o SHEET TITLE DkTE. DRAWN BY y ADDITIONAL R/W PROJECT NUMBER DRAWING NUMBER ARCADIS U.S., INC. � 10535 S 2081 Vsia Parkway Tel:(561)607 7000 Fax:(561)697.7751 WPOO 1053 1 Q West Palm Beach,Florida 33411 www.arcadis-mmn SHEET 3 OF 3 r r Q TOB BOB BOB OOp BOB BOB BOB I ea eee ew TO B00 BOB BOB eoe BpB BOB I I¢� I TooI—I I �riol �roB , B �-roa E RL A. H B JR. B�� Boer Boe eoe TB ITOB T rBB� I p I I I I I III J I - l l� I r JI �� IrBe�-I roe, 1 1_ t08 A 'I TOBI I OBas TO LOB—)I N PRL)!" CR/Q�iE � I I ( I I I I I I TO I TOB too— I i I/"TOBI I � I I—TpBI��B A I fOB i0B I I T�TOB�I I I ITItOB� I fSEd STRUCTURAL T I I I PROPOSED TEMPORARY TOB T I III III I I I I Tr I >~ I PLANS)I CONST CU VEO BAR 16 WALL I I I I I I I I I I I I I I III I I 1 1 CONSTRUCTION N I I I rs�� T MIT o` �c�siR�AcrroN 57.00It�I I I I I I EASEMENT I I III III III I I I III III III I I I I I I III � I IP iOP. TCE I I I I I I I D I I III III III I I I III III III I I I I I I 1 1 I I I I I I II III I I —IPR6P. ri TALI I I I N I I III III I I I I Cj1D I NEI I IL I ~ '1 I x I D I II I IIII I II -Ii'X�81 IION II T, I URB II 6 II TT IRI �I PF F 1222•. ' �'7 L 2 4 I E II qI I I ST. 07 LF - 9 I RCONS6'CONC. sIx III II " I OUrTEIIII9SII 1 1 .1 E PEI FIi I I72�v 0 I70 _ x EAI ATE TO BE pENOVEO .—/ - tzlsT.BAw[o wept rtNc[Ta a uwvto 49TH STREET CONST• CONST,. 7B Lf - �iz. — � _ CONST. CURB 6 TT R Wil° _— —'— e CONST, CURVED BARRIER WALL A[PNMT MILLINGS .,,,,.. fSEE STRUCTUREAL PLANS! ______________________ n Yom.—roe ----------�.._------- ----------__ --__-- _---'�=Too --———— ——— �� _�_—.------_—————- -—--_—------ • FL IP.70 tow FL SUB-LATERAL A-8 CANAL J Eow Too 4EL. i FILL AY 26 WSLWAE26 24 P SED L -0 4ox S3 24 - 22 22 \ EXIST. PRAR'ILE AT f MST.— — ——— L=, 20 20 LF - RCP7(F - A9'RCP 18 ------- - -- -- 18 LF - �'RCP A9.60 FL N. 16 — FL 12.60 FL 12.7 14 � 14 706 707 708 709 710 711 712 N0, flEVI510N� BY. DATE• PLAN AND PROFILE S scALE. I^.sB' APPROVED• SHEET, 106 C ' Department of Pu/b/!c/ Works DRAW. O.E. �•�e all 475 ARCADIS u.s. m. - E17 /neerin D/vislon CHECKED• N.D. gg TH AVENUE PROJECT NO. AID53 7 9 9 DATE, ID-Os-DL 4081 V19TA PAR%WAV. WEST PALM SIA",.,FL iL 51411 EIELD Bao[NO, 4{TN {7R{ET IRC-JOB-NO. S 1561) 697-7000, FA% 15611 697.7751 ...110601CAOU1060PLPMOOTA[OBOpI 1dWf0141B:BB:lo AM 10-17-2012 ,".. DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT Consisting of a 7 foot wide parcel (north/south) that is 400 feet in length (east/west) and located adjacent to the northwest portion of the part taken, Parcel 163; beginning adjacent to the northwest portion of the proposed part taken and also includes an adjacent 15 foot by 30 foot parcel adjacent to the northwest 7 foot by 400 foot parcel, consisting of 3,250 square feet or 0.0746 acres. 142 /36- Attorney's Matters-B.CC 03.05.13 �v OfC of INDIAN RIVER COUNTY ATTORNEY Alan S.Polackwich,Sr.,County Attorney William K.DeBraal,Deputy County Attorney Brooke W.Odom,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Alan S. Polackwich, Sr., County Attorney DATE: February 26, 2013 SUBJECT: Request for Advice/Closed Attorney-Client Session Mensing v. Indian River County, Circuit Court, Indian River County Case # 312010 CA 005009 Mensing v. Indian River County, et al, Circuit Court, Indian River County Case # 312012 CA 000976 Frederick Mensing has filed the above two cases which are pending against the County. The County Attorney desires advice from the Board of County Commissioners concerning the cases, specifically, advice relating to settlement negotiations and strategy relating to litigation expenditures. Accordingly, the County Attorney requests that the Board schedule a closed attorney-client session, pursuant to FS 286.011(8), to be held on March 12, 2013, at 10:30 AM in the Commissioners Conference Room, County Administration Complex — Building A, 1801 27th Street, Vero Beach, FL. Attending the meeting will be the five commissioners, the County Administrator, the County Attorney and a certified court reporter. The estimated time for the meeting will be 45 minutes. APPROVED FOR MARCH 5, 2013 InRiver Co. Ap roved Date B.C.C. MEETING— RNEY'S MATTERS Admin. L Co.Atty.�• J Budget 2 1 Department COUNTYATTORNEY Risk Management --- --- FWaomge LindatGenernh8CCl4gendoAlen—Wensing03(Pending Coses).doc 143 /3F Attorney's Matters-B.C.C. 03.05.13 Office of INDIAN RIVER"COUNTY ATTORNEY R Alan S.Polackwich,Sr.,County Attorney William K.DeBraal,Deputy County Attorney Brooke W. Odom,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners � FROM: Alan S. Polackwich, Sr., County Attor�/ e DATE: February 26, 2013 SUBJECT: Overview of PACE Program BACKGROUND. A. PACE Programs Nationally On December 11, 2013, the Program Manager for the Florida PACE Funding Agency made a presentation to the Board. The Board ultimately directed the County Attorney to review the PACE documents and program, and report back—which is the purpose of this agenda item. "PACE" stands for property assessed clean energy, and PACE programs generally consist of several components: (1) a local government which elects to participate in the program, (2) a definition of property improvements which qualify for the program — typically, improvements which promote energy conservation or efficiency, renewable energy, or wind/hurricane resistance, (3) a source of funding to pay the cost of constructing the improvements, (4) an assessment lien upon the improved property to secure repayment of the funds, and (5) collection of the assessment/funds through the ad valorem tax bill process. Participation in the PACE program is purely voluntary on the part of the property owner. The local government electing to participate in the program typically has no liability — the liability runs directly from the property owner who improves his/her property with PACE funds, to the agency or private lender providing the funds. Indian River Co. Approved Date APPROVED FOR MARCH 5, 2013 Admin. �3 B.C.C. MEETING—ATTORNEY'S MATTERS Co.Atty. } Budget s� Dept. �... COUNTYATTORNEY Risk Mgmt. ___ F.l4uo—n 0bnd,VG-...10 C Ct4g,nd,Af--o -...ICE 01.doc 144 Board of County Commissioners February 26, 2013 Page Two PACE programs first started in California in 2008. The programs arose out of the home rule powers of local governments — such that there is no single structure or format of PACE programs. Program details often vary depending upon the needs and desires of the local government forming the program. Reportedly, 28 states and the District of Columbia either have programs, or have adopted legislation authorizing programs. Purported benefits of PACE programs include not only lower energy use and costs, more wind resistant properties, and higher property values for property owners, but also economic development for the community (through construction of the improvements) and higher revenues for the local government (through higher taxes on higher property values, and collection of building permit fees on construction of the improvements). PACE programs nationally encountered a major obstacle in 2010 when Fannie Mae and Freddie Mac (which buy a significant percentage of residential mortgage loans in the county), and their Conservator, the Federal Housing and Finance Agency ("FHFA"), issued statements rejecting the ad valorem tax lien priority of PACE assessment liens. That is, the federal agencies took the position that PACE assessment liens are inferior in priority to pre-existing mortgages, rather than superior in priority—which impacts the interest rate which property owners pay on PACE funds. This position triggered several lawsuits by municipalities or counties with PACE programs. Most of the lawsuits are completed, and the federal agencies have prevailed, except on one point: a federal court in California ruled that the agencies' position is, in effect, a "rule" which was not adopted pursuant to the rulemaking procedures of the Administrative Procedures Act. Thus, the court ordered the agencies to reconsider the issue through formal, APA rulemaking procedures — which are scheduled to conclude in mid-May 2013, unless an extension is granted. Initial indications are that the final rule will be similar to the original position taken by the agencies that PACE assessment liens are inferior in priority to pre- existing residential mortgages. This issue has significantly impacted PACE programs nationally. Some local governments have chosen to limit their program to commercial properties only, and require the commercial mortgage lender's consent to subordinate to the PACE assessment lien, before PACE funds can be used to improve the property. Others have extended their program to residential properties, and have accepted the inferior priority of the PACE assessment lien — which tends to increase the interest rate charged to the property owner. The bottom line appears to be that the success of PACE programs will be limited on the residential side, unless and until the federal agencies change their position and accept superior priority for PACE assessment liens. B. PACE Programs in Florida While PACE programs have typically arisen under home rule powers of local governments, in 2010, the Florida Legislature adopted FS 163.08, which created supplemental, statutory authority for local governments to create PACE programs. Among other things, FS 163.08: (1) finds that PACE programs serve a compelling state interest, (2) authorizes local governments to enter into partnerships, or interlocal F..t41m,,ylLinda1Ge.../0 CCLAge da Afemos A10E01.do 145 Board of County Commissioners February 26, 2013 Page Three agreements, to create PACE programs, and (3) gives PACE assessments superior, ad valorem tax priority over pre-existing mortgages, up to 20% of the property's value—which may not be enforceable in light of the federal agency rules on priority, discussed above. Based upon the statute and local home rule powers, three competing PACE programs are being developed in Florida. To some extent, each program is still in a formative stage The first is the Florida Pace Funding Agency ("FPFA"), which is the group which made the presentation to the Board on December 11, 2013. The FPFA program began with an interlocal agreement between the City of Kissimmee and Flagler County in June 2011. The interlocal agreement established the FPFA and set up a subscription process for other local governments to participate by "subscribing" to the program. In August 2011, the Circuit Court in Leon County validated the issuance by FPFA of up to $2 billion in bonds to fund PACE improvements. FPFA recently announced that it has secured the first $500 million of funding, which will be available to property owners at an interest rate of approximately 7%. It appears that FPFA will offer funding for both residential and commercial properties, although details are still being worked out. FPFA is being administered by a subsidiary of Science Applications International Corporation, a Delaware corporation. At present, only Flagler County has subscribed to the program, although Osceola County is reportedly close to subscribing. The second is the Clean Energy Green Corridor Program, which was formed by seven municipalities in Dade County. This program also plans to offer funding for both residential and commercial properties, although the City of Miami has opted to limit the program to commercial properties only. Funding, reportedly in the amount of$550 million, is being provided through several private capital groups, led by Barclays Capital. This program is being administered by the Ygrene Energy Fund Florida, which is a subsidiary of a primary administrator of PACE programs in California. The third program is the Florida Green Energy Works Program, which was formed by two municipalities in Palm Beach County. While this program is set up to offer funding for both residential and commercial properties, the intent is apparently to provide funding only for commercial properties, until the dispute over residential mortgage priority is resolved. Funding will come from "open market," private sector funding. This program is administered by EcoCity Partners, LLC, a Florida limited liability company. On January 10, 2013, the Fellsmere City Council voted to participate in this programs. DISCUSSION. The first question is whether the Board has interest in participating in a PACE program. While there are obvious uncertainties on the residential side, the availability of PACE funding on the commercial side could be viewed as an economic development tool. Because the Board has been pro-economic development, the Board may have interest in further consideration of a PACE program. ' The stage of development of each of the three Florida PACE programs is constantly changing. Thus, while the County Attorney believes that the summaries provided above are generally accurate, it is possible that further developments have occurred in each program. Fa4mr-orLmd,VG--lB C C 4gendn dle,m 1P.4CE OLd-, 146 Board of County Commissioners February 26, 2013 Page Four The second question is: if the Board wants to consider a PACE program, what is the next step? There are two possible answers: (1) instruct staff to meet with representatives of each of the three programs, and make a recommendation to the Board, or (2) invite each of the programs to make a presentation directly to the Board at a single meeting or possibly at three successive meetings 2. The Board would then have an opportunity to ask direct questions of the program administrators, and could make a choice based on the pros and cons of each program. Finally, the third question is: if the Board has interest in proceeding in with a PACE program, when is the best time to choose and participate in a program? As can be seen from the discussion above, all three Florida PACE programs are still being developed; and, uncertainties on the residential side will continue for all programs until the federal agency rulemaking process is complete. Thus, unless the Board believes there is a sense of urgency to participate in a PACE program, it may be prudent to wait approximately six months until there is greater clarity in program details and federal agency priority rules. Lastly, it should be noted that the County Attorney has reviewed some (but not all) documents from the three programs. In general, the documents appear reasonably simple and straightforward. Thus, no matter which program (if any) the Board selects, it should be a fairly simple process to adopt a resolution joining the program and approving the documents. Two articles discussing PACE programs nationally and in Florida are attached for the Board's general information. RECOMMENDATION. The County Attorney recommends that the Board first decide whether it has interest in participating in a PACE program. If so, the County Attorney recommends that the Board invite representatives of all three Florida PACE programs to make presentations at a single meeting or possibly at three successive Board meetings, perhaps in the July — September timeframe when program details and federal agency priority rules are clearer. ATTACHMENT(S). 1. Update on PACE One Year Later: Litigation, Legislation and New Initiatives, The Environmental and Land Use Law Section Reporter, Special Energy Edition, Vol. XXXIV, No. 2, December 2012 2. PACE in Florida, PACENow.org, Resources ASP:LAC Z While the Florida PACE Funding Agency made a presentation to the Board on December 11, 2013, a more up to date comparison of the three programs may be possible if it is invited to make another presentation in the same time frame as the other two programs. F.�4tlorneNLindalGeneralO C a4genda Alen--PACE 01.doc 147 www.eluls.org THE ENVIRONMENTAL AND NOW LAND USE LAW SECTION REPORTER r . • Vol.XXXIV,No.2 SPECIAL ENERGY December 2012 •Erin L. Deady, Chair•Jeffrey A.Collier,Co-Editor•Anthony J.Cotter,Co-Editor Update on Pace One Year Later: Litigation, Legislation and New Initiatives by Erin L.Deady,Herb Thiele,Ed Steinmeyer& Chad Friedman I.INTRODUCTION TO PACE agency of the U.S.government),Fan- In a PACE program, a local gov- Last year,we provided an update nie Mae("Fannie") and Freddie Mac ernment uses its home rule powers on property assessed clean energy ("Freddie")concerning the residential (usually through non ad-valorem ("PACE") programs that have been PACE programs. Two federal bills assessment powers) with a lien at- developing across the U.S. Here, we were previously introduced in 2010 tached to a property and repayment outline another one year update on and 2011 to resolve the concerns with through the annual tax bill to fi- the development of PACE programs neither passing. Federal litigation nance energy improvements. Prop- across the U.S.focusing on the nation- continues and a federal rulemaking erty owners participate in this on a al challenges on the residential side, process is being completed.While the voluntarily basis without any costs the rise of new PACE approaches, legal issues remain,PACE programs borne by non-participating property and the status of PACE in Florida. are still being launched with various owners. Generally, improvements Programs are still challenged due to funding approaches and a mix of ei- can include energy efficiency, re- actions by the Federal Housing and ther commercial, residential or both newable energy or water conserva- Finance Agency ("FHFA' a federal types of targeted property owners. tion(differing across programs),but See"Update on Pace,"page 24 From the Chair by Erin L.Deady As our new year launches, I am with flat or reduced revenues largely happy to report the Executive Council influenced by the current economy. INSIDE: has adopted a budget for the 2012- As we work towards meeting this 2013 Calendar Year.We have taken budget this year, please remember great strides to reduce expenditures that as Section Members,we should Determinations Of Need In Florida— Electrical Power Plant and Transmission as much as possible and project a goal be discussing the benefits of Section Line Siting Proceedings...........................3 of increased revenue through spon- membership with our peers and ex- sorships and hopefully new growth plaining all the wonderful services From Sawgrass to Switchgrass...................8 in membership. Based on the infor- that are available with membership. Florida Case Law Update.......................... 13 mation we gathered when drafting With a concerted outreach effort,we On Appeal..................................................15 this year's Strategic Plan, the feed- can grow our membership and ser- Law School Liaisons..................................20 back we received was to pursue both vices provided. strategies to balance our budget and I am also happy to report that Center for Earth Jurisprudence.............20 I believe we have struck that balance. the Section is continuing to provide An Update on Developments at the This will be a recurring issue though you with excellent services and we Florida State University College of Law: in the years to come as the Section are working creatively on CLE pro- Fall 2012................................................21 attempts to continue providing high grams, restructuring sponsorship OF Law Update......................................22 quality programming and benefits opportunities, improvements to the See"Chair's Message,"page 2 148 UPDATE ON PACE III.THE PACE LAW IN FLORIDA focusing on the seniority of PACE from page 1 Florida passed HB 7179 in the liens in relation to a mortgage.9 On 2010 legislative session (amending May 5, 2010, Fannie and Freddie is- Chapter 163, F.S.) and clarified sup- sued advice letters to lending institu- plemental authority for local govern- tions stating that PACE assessments ments to create the PACE programs. acquiring a"priority lien"over exist- pursuant to Florida law (Section The law defines a "qualifying im- ing mortgages pose risk and are key 163.08, F.S.) wind resistance im- provement" to include energy effi- alterations to traditional mortgage provements are included.The use of ciency,renewable energy or wind re- lending practice.10 Additionally,they the non-ad valorem assessment over- sistance projects.The improvements characterized the PACE assessments comes the largest hurdle to energy must be affixed to the existing struc- as"loans"rather than assessments." improvement financing by providing ture on a property.This authority is These characterizations were repeat- all of the funds upfront to complete supplemental to Florida county and ed in an FHFA statement issued in the retrofits. municipal home rule powers granted July 2010.12 Throughout the summer in the Florida constitution. Florida's and fall of 2010 the FHFA, Fannie II.THE FOUNDATION OF PACE law also generally: and Freddie continued to issue state- California led the way in creat- • Clarifies the process and public ments raising concerns about PACE ing PACE programs and had the purpose aspects of PACE programs, programs.18 first such local government to do so • Makes a finding that proper- As a result of these actions, eight (BerkleyFIRST launched in 2008).1 ty owners receive a "special bene- complaints involving 16 parties14 According to PACENow, 28 states fit" reducing the property's energy were filed in federal courts in Cali- plus the District of Columbia have consumption,"' fornia,Florida and New York.First to launched some form of a PACE pro- •Finds a"a cnmpelling state inter- fiIP was the State of California filing a gram or have legislation providing est"in PACE programs,4 complaint requesting declaratory and the ability to create PACE programs. • Allows a local government to equitable relief and alleging unfair The features that distinguish the incur debt to provide financing' and business practices and a violation of programs are the method of financ- levy non-ad valorem assessments to the National Environmental Policy ing, the improvements that can be fund the programs,6 and Act against the FHFA, Fannie and financed and whether or not the • Allows local governments to Freddie." Other plaintiffs in these programs include residential, which partner with one another to form a and other state actions included the continues to remain a murky propo- program. Sierra Club; Sonoma County, Cali- sition at best.The programs include fornia; Placer County; the City of specific criteria to ensure that the Pursuant to state law, PACE as- Palm Desert,California;the Natural risk to the property owner and the sessments take priority over all other Resource Defense Council, Inc;Leon property's existing mortgage holder is obligations on a property, including County,Florida(October 8,2010);and minimized. Originally,most of these mortgages, meaning they are con- the Town of Babylon,New York. program design considerations were sidered a "senior lien" because they found in the Department of Energy's subordinate mortgage obligations. V. THE PLAINTIFFS' (DOE) "Best Practice Guidelines," This is necessary to secure favor- ARGUMENTS but new design considerations are able financing rates because lenders The plaintiffs generally have ar- developing as PACE programs con- want assurance that the financial gued that state and local govern- tinue to launch and more is learned obligations will be repaid.This is why ments have legitimate interests to minimize risk.'The DOE remains FHFA,Fannie and Freddie have cried in: (1) not being denied the ability interested in the creation of all types foul.' to preserve home rule and assess- of energy financing programs for Most recently in 2012, Florida's ment powers; (2) pursuing energy property owners, including various PACE law was amended by HB 7117 conservation and greenhouse gas forms of PACE. to provide explicit authority for in- emissions reductions strategies; (3) PACE enjoys great support from lo- terlocal entities (formed through in- protecting the health and welfare cal governments because it creates an terlocal agreement) to levy and col- of their citizens; (4) protecting the enhanced market for financing these lect assessments for PACE programs economic interests of their residents types of improvements with resulting and execute financing agreements in financing the improvements and job creation benefits. It also increas- as a"local government."This change being free from unfair trade practices es local government revenue with streamlines the formation and im- or an unfair competitive advantage increased permit fees to complete plementation of multi jurisdictional by Fannie and Freddie in prohibiting the projects. With PACE, property PACE programs. senior liens for assessments; and(5) owners save money on their energy receiving federal monies earmarked bills and increase property values IV. STATUS OF THE PACE for these purposes.Other arguments (another tax revenue enhancement). LAWSUITS are borne from the Tenth Amendment PACE also provides a strategy to re- On September 18, 2009, Fannie to the United States Constitution duce communitywide greenhouse gas Mae directed lenders to treat PACE reserving to the states all powers ("GHG") emissions and offers other assessments as any other tax as- except those limited powers granted environmental benefits such as those sessments,8 but later FHFA, Fannie to the federal government and ensur- stemming from water conservation and Freddie made contrary deter- ing the division of powers between initiatives. minations through "lender letters" the states and federal government. 24 149 The plaintiffs argue that by statute, New York. After being dismissed at extension of the deadline if,for good Fannie and Freddie have purchased the District Court level'21 the Florida cause shown, FHFA requires addi- and guaranteed mortgages subject to case was appealed and argued before tional time to conduct its rulemaking, v..» government assessment liens which the 11th Circuit Court of Appeals on and FHFA reserves its right to seek a already have a statutory priority over October 30, 2012. On November 9, stay of the deadline if the 9th Circuit any underlying mortgage obligation 2012,the 111 Circuit upheld the dis- has not ruled on its pending appeal and they cannot now pick and choose missal by the Northern District of as the deadline approaches. which assessment liens have priority Florida.Both the New York and Flor- FHFA has begun the notice and over mortgage obligations and which ida appellate rulings chiefly found comment process pursuant to the do not. that FHFA was acting as a conser- preliminary injunction that the Court The plaintiffs also have argued vator (as opposed to regulator) and, granted earlier in this case.On Janu- that the actions of FHFA are arbi- under the Housing and Economic ary 26, 2012, FHFA issued an Ad- trary and capricious under the APA,18 Recovery Act of 2008,its actions are vance Notice of Proposed Rulemaking and the"lender letters"from FHFA to insulated from judicial review.21 seeking comment on whether the Fannie and Freddie are rules subject In the Northern District of Califor- restriction set forth in the July 2010 to the typical rulemaking and notice nia on August 9,2012,the plaintiffs' statement should be maintained.21 and comment procedures for these motion for summary judgment was FHFA received 33,000 comments in types of agency statements. granted with respect to their notice response to the notice.26 On June 15, Most plaintiffs have been seek- and comment claim under the APA.22 2012, FHFA issued a Notice of Pro- ing a finding that the assessments But the Court found it unnecessary to posed Rulemaking and Proposed Rule are liens,not loans;the assessments rule on the remaining claims under concerning underwriting standards do not pose risk, and do not alter the APA and NEPA.The Court found for Fannie Mae and Freddie Mac re- traditional lending practices;the as- that FHFA was acting as a regula- lated to PACE programs. Comments sessments constitute a lien of equal tor, finding that the FHFA's PACE were due on the Proposed Rule on dignity to county taxes and assess- directives amounted to substantive September 13,2012.FHFA is now re- ments; and the assessments do not rulemaking.23 Similar to its PACE quired to issue a regulation within a contravene Fannie or Freddie's Uni- action,FHFA had utilized the notice reasonable time(or 210 days from Oc- form Security Instruments prohibit- and comment process before with re- tober 16,2012,as previously stated). ing loans that have senior lien status spect to its proposed rule restricting to a mortgage. Injunctive relief has Fannie and Freddie from purchasing VIII. PROGRAMS ACROSS THE been sought to prevent adverse ac- mortgages on properties encumbered NATION tions against any mortgagee who is by private transfer fee covenants be- As mentioned previously, despite participating in a program. cause such covenants were deemed these challenges, various types of to undermine the safety and sound- PACE or PACE-like programs are V I. THE DEFENDANTS' ness of their investments.2' In that developing across the U.S.,including ARGUMENTS analogous instance,FHFA deemed it Florida. These programs may differ The defendants argue that senior appropriate to comply with the APA in terms of the financing strategy,se- lien PACE programs pose serious notice and comment requirements, niority of the lien,and whether or not financial risk and that Fannie and but did not undertake that process for they include residential component. Freddie must take "reasonable" and the PACE directive. The Court also Programs continue in operation,or "prudential"actions to protect against found that FHFA's directive on PACE are under development in California, that risk.FHFA argues that,in a con- obligations amounted to substantive Connecticut,Maine,Florida and oth- servatorship roles' over Fannie and rule-making,not an interpretation of er states. Many of the programs op- Freddie,it has acted to preserve safe rules that would be exempt from the erating have either shut down their and sound financial practices dic- notice and comment requirement. residential component, or they are tated by the Housing and Economic A final judgment was entered in working with non-senior liens, they Recovery Act of 2008.18 the California case on October 16, use other types of financing outside As a conservator, FHFA argues 2012, dismissing all other claims, of PACE models,or they disclose the that its actions are not reviewable.19 including the Tenth Amendment risks to program participants and let FHFA also argues that it has acted claims,but finding that FHFA failed them make the choice as to whether within the scope of its authority;the to comply with required notice and or not PACE financing risks are ac- plaintiffs' claims are not in the zone comment procedures set forth in the ceptable to them. Many PACE pro- of interests protected by the statute APA. The Court declined to rule on grams that underwrite commercial under which FHFA acted; and that the remaining NEPA and APA claims. PACE projects will not do so unless FHFA has not issued any rule or Finally,the Court stated that FHFA the consent of any existing mortgage regulation subject to notice and com- must complete the notice and com- lender on the property is secured. ment under the APA. ment process already ordered(but ap- Of those residential models that are pealed)concerning PACE and publish currently operating or are about to VIII. CASE STATUS AND FED- a final rule no later than 210 days operate,some require existing lender ERAL RULEMAKING from the date of entry of the Judg- consent and some do not. In New York, on October 2411, the ment(October 16,2012).FHFA must In California,programs are launch- 2n' Circuit Court of Appeals upheld submit a status report on the prog- ing or operating in Sonoma County, the dismissal of the cases from the ress of its rulemaking by January San Francisco, Los Angeles, Sacra- Southern and Eastern Districts of 18, 2013. FHFA may seek a further mento,Riverside,Placer County and continued.... 25 150 UPDATE ON PACE local governments to participate in Other Florida updates include from page 25 the Green Corridor.Instead,the costs Leon County, which is exploring of the program will be borne by the the development of a commercially- IVAW administrator,which is a private en- focused PACE program. Currently tity that was selected through a com- there are five local governments in other regions. CaliforniaFirst is a petitively bid process. Florida that are doing some level of multi jurisdictional program includ- In order to address the concerns information collection to launch a ing over 100 local governments and raised by FHFA,Fannie and Freddie, PACE program or they are complet- financing for commercial, industrial the program will include consumer ing a competitive bid process. What and multifamily projects. The pro- protection regulations to protect and is encouraging is that multiple pro- gram uses multiple financing options educate the resident or business own- gram approaches will hopefully lead through an "open market" approach er about their investment. In addi- to some measure of success for PACE allowing property owners to review tion,the program will also include the implementation in Florida. offers from lenders and select the necessary underwriting standards to best option for their unique project. ensure that the resident or business X.THE LITIGATION&LEGISLA- Lenders have committed hundreds owner will have the ability to pay the TION TODAY of millions of dollars to finance proj- special assessments.It should also be With the recent dismissal of the ects through the CaliforniaFIRST noted that,through successful nego- New York and Florida cases,and the program. tiation with the administrator, the limitation of the California cases to Organizations and stakeholders local governments within the Green APA issues, the litigation remains in Texas are focusing efforts on leg- Corridor are indemnified by the ad- focused on assuring a final rule is islative initiatives to facilitate de- ministrator from the federal concerns promulgated.Unfortunately,the Pro- velopment of PACE based on vari- discussed in this article. Therefore, posed Rule maintains the directives ous best practices from other states. through the public/private partner- that are not supportive of residential Connecticut is launching a statewide ship and the leadership of the local PACE with a senior lien.While"miti- platform that focuses on Commercial governments within the Green Cor- gation measures"were outlined it is "C"-PACE run by the Clean Energy ridor, hopefully this program will be unclear whether or not any of them Finance and Investment Authority.21 successful and can serve as a model will actually satisfy FHFA.With two In this model, financing is provided for other local programs around the failures for a federal legislative fix,it by private investors. Investors are state. is unclear how soon a third attempt attracted to the security of the tax Another program, Florida Green will be made. Until the Final Rule lien and work directly with property Energy Works, is a similar multi- is adopted, the future remains un- owners to negotiate rates and terms. jurisdictional structure, but it only clear as to whether or not residential focuses on commercial properties un- senior lien PACE programs will be DL FLORIDA PROGRAM STATUS til the issues related to residential acceptable to FHFA.A challenge to a Notwithstanding the federal issues PACE are either resolved or there is Final Rule is possible under the APA, and litigation discussed above,there more certainty diminishing the risks. but forecasting the outcome is dif- are several local governments around To date, the Florida Green Energy ficult at best.The PACE community the state that are considering or final- Works program includes the Town of and stakeholders continue to work to- izing a PACE program.One example Lantana,the Town of Mangonia Park, ward compromise solutions that will is the Green Corridor District PACE the City of West Palm Beach,the City develop best practices for consumer Program (the "Green Corridor") in of Boynton Beach,the City of Delray and lender protections. Hopefully Miami-Dade County. The Town of Beach and the Village of Tequesta. 2013 will bring some positive move- Cutler Bay along with seven local Two more municipalities are expect- ment on residential PACE. governments28 within Miami-Dade ed to enter into the program before County created the Green Corridor. the end of the 2012 calendar year.The Endnotes: The Green Corridor is a separate program uses an open market financ- ' California enacted Assembly Bill 811 and legal entity created pursuant to Sec- ing approach working with multiple Assembly Bill 474 providing financial resourc- es for property owners who lack financing to tion 163.01,Florida Statutes,and will lending institutions and requires the implement measures to be more responsible be governed by a board consisting of consent of any existing lenders on the water users.Assemb.B. 811,2009-2010 Cal. one representative from each local commercial properties.The program Assemb.,Reg.Sess.(Cal.2009)(amending CAL. government as well as an at large is open and is currently accepting STs.AND HIGHWAY CODE§§5898.12,20_22_30 .30 member. applications as well as registering (West 2007)and creating CAL.STs.AND HIGHWAY pp g g CODE§§5898.14,.21(West 2009));Assemb.B. All of the "qualifying improve- contractors and energy reviewers for 474,2009-2010 Cal.Assemb.,Reg.Sess.(Cal. ments"provided for in Section 163.08, property owners to use their services. 2009);see also CAL.STS.AND HIGHWAY CODE§§ Florida Statutes, will be eligible for The final multi jurisdictional pro- 5898.12(b),.14(b)_20(a)(1),for supporting text financing under the program. The gram is the Florida PACE Funding in statutes. Colorado enacted House Bill 08- 1350 modifying chapters 29,30,31,and 40 of Green Corridor will be a turnkey Agency,which currently includes Fla- the Colorado Revised Statutes,permitting as- senior lien priority program that gler County and the City of Kissim- sessments to real property to fund energy proj- will include, at the option of the mee. The program will underwrite ects.H.B.08-1350,66th Gen.Assemb.,2d Reg. individual local government, both both residential and commercial Sess.(Colo.2008);see also COLO.REv.STAT.§§ '�- residential and nonresidential prop- PACE projects and will rely upon a permitting he asses,for language in statute permitting the assessments. Florida enacted erties. Since this will be a turnkey $2 Billion bond issuance to fund the House Bill 7179 creating section 163.08 of the program,there will be no cost to the program. Florida Statutes.H.B. 7179, 112th Leg.,Reg. 26 151 Sess.(Fla.2010)(creating FLA.STAT.§ 163.08 (amending VT.STAT.ANN.tit.24,§§1751,2291 Mac Seller/Services(May 5,2010)(on file with (2009)).Illinois enacted Senate Bill 583 allow- (2009)and creating VT.STAT.ANN.§§3261-69 Freddie Mac),http://www.freddiemae.com/sell/ ing contractual assessments to finance energy (2009)).Virginia enacted S.B.1212 permitting auide/bulletins/pdf/iltrO50510 pdf;see also, projects. S.B. 583, 96th Gen.Assemb., Reg, property assessments to fund clean energy Marianne E.Sullivan,supra note xv. `,,,. Sess. (Ill. 2009) (creating 65 ILL. COMP. STAT. projects. S.B. 1212, Gen.Assemb, Reg. Sess. 11 Id.;Sullivan,supra note xv. 5/1-1-11 (2009));see also 65 ILL. COMP. STAT. (Va.2009)(creating VA.CODE ANN.§15.2-958.3 12 Statement,Federal Housing Finance Agen- 5/1-1-11 (2010), for language in the statute. (West 2009)); see also VA. CODE ANN. § 15.2- cy,FHFA Statement on Certain Energy Retro- Louisiana enacted Senate Bill 224 creating 958.3(A)-(C)(West 2010),for language in the fit Loan Programs(July 6,2010)(on file with special financing districts for solar and energy resulting statute.Wisconsin enacted Assemb. Federal Housing Finance Agency)http://www efficient projects. S.B. 224, 2009 Leg., Reg. B.255 giving authority to local governments fhfa.gov/webfiles/15884/PACESTMT7610.Dd Sess.(La.2009)(created LA.REV.STAT.ANN.§ to lend money for energy efficient improve- 11 On July 6,2010,the FHFA issued a"State- 33:130.70-73(2009),re-designated as La.REV. ments.Assemb. B. 255,99th Leg.,Reg. Sess. ment on Certain Energy Retrofit Loan Pro- STAT.ANN. § 33:130.811-814 (2009));see also (Wis. 2009) (amending Wis. STAT. §§ 66.0627 grams,"saying that PACE loans are"unlike LA.REV.STAT.ANN.§33:130.811(A)-(D)(2010), (2009));see also Wis.Stat.§66.0627(8)(2010), routine tax assessments and pose unusual and for language in the resulting statute.Maryland for language granting that authority. difficult risk management challenges"and that enacted House Bill 1567 creating the Clean 2 DEPARTMENT OF ENERGY,GuiDELINES FOR PILOT they"do not have the traditional community Energy Loan statute.H.B.1567,2009 Md.Gen. PACE FINANCING PROGRAMS 1(May 7,2010),avail- benefits associated with taxing initiatives." Assemb.,Reg.Sess.(Md.2009)(creating MD. able at http://wwwl.eer .energy ov/wip/pdfs/ FHFA Statement on Certain Energy Retrofit CODE ANN.,Clean Energy Loans,§§9-1501-07 arra guidelines for pilot pace programspdf. Loan Programs,supra note xviii.On August (West 2009));see also MD. CODE ANN., Clean The Department of Energy's Best Practices 31,2010,Freddie Mac issued Bulletin Number Energy Loans, § 9-1502(a)-(c) (West 2010), enacted underwriting standards that were 2010-20,which provides that financing energy for language in the statute authorizing clean significantly greater than the underwriting efficient and renewable energy home improve- energy loans for real property.Nevada enacted standards applied to land secured financing ments can be achieved without altering the lien Senate Bill 358 which granted authority to cre- districts and other assessment programs Id. priority status of first Mortgages or other un- ate clean energy financing projects.S.B.358, at 1.The Best Practices Guidelines included derwriting requirements.Mortgages Secured 75th Leg.,Reg. Sess. (Nev. 2009) (amending suggestions for state and local governments by Properties with an Outstanding Property chapter 271,NEV.REV.STAT.(2009));see also to implement including:(1)enacting expected Assessed Clean Energy (PACE) Obligation, NEV.REV.STAT.§271.265(2010),for language saving to investment ratios greater than one; BULL.No.2010-20(Freddie Mac,McLean,VA), in the resulting statute granting authority (2)assessments should not exceed the useful Aug. 31, 2010 [hereinafter Freddie Mac Bul- for creating clean energy financing projects. life of the improvement;(3) mortgage holder letin],htt-o://www.freddiemac.com/sell/"ide/ New Mexico enacted S.B.647 permitting the of record receives notice when PACE liens bulletins/pdf/bll1020.pdf. On the same date, establishment of special assessment districts are placed;(4)non-acceleration clauses upon Fannie Mae issued a similar announcement in for renewable energy projects.S.B.647,49th property owner default of a PACE lien; (5) its Options for Borrowers with a PACE Loan. Leg.,1st Sess.(N.M.2009)(creating chapter 5, appropriately sized assessments; (6) enact John S.Forlines, Options for Borrowers with article 18,N.M.STAT.ANN.(2009);see also N.M. quality assurance and anti-fraud measures; a PACE Loan,in FANNIE MAE SINGLE FAMILY STAT.ANN.§5-18-49A)(2010),for language in (7)allow PACE financing to be the net of any SELLING GUIDE,ANN. SEL 2010-12 (Aug. 31, the statute.New York enacted S.B.66004,232d expected direct cash for rebates and tax credits; 2010),haps://www.efanniemae.com/sf/ ides/ Leg., 2d Special Sess. MY. 2009) (creating (8)require education participation;(9)provide ssg/annitrs/pdf/2010/se11012.pdf.Freddie Mac N.Y. General Municipal LAw §§ 119-EE-GG a debt service reserve fund;(10)engage in data "reminded Seller/Servicers that an energy- (McKinney 2009)).North Carolina enacted S.B. collection.Id.at 1-5.Additionally,the Depart- related lien may not be senior to any Mortgage 97 allowing special assessments for renewable ment of Energy Best Practices also included delivered to Freddie Mac."Freddie Mac Bul- energy sources. S.B. 97, 2009 Gen.Assemb, assessment underwriting requiring that (1) letin,supra note xxi. Reg. Sess. (N.C. 2009) (amending chapters property ownership be verified; (2) property " The Defendants include:the FHFA, Fan- 153A,160A N.C.GEN.STAT.);see also N.C.GEN. based debt and property valuation is appro- nie,Freddie,Ed Demarco,Charles Haldeman, STAT.§ 153A-210.2(a),(c)(2010),for language priate;and(3)the obligation to repay the im- Michael Williams,the Office of the Comptroller in the resulting statutes.Ohio enacted H.B.1 provement is attached to the property;and(4) of the Currency and John J.Walsh. permitting the financing of solar installations. other evidence of the property owner's ability 16 See California v.Fed.Housing Fin.Agency, H.B. 1, 128th Gen.Assemb,Reg.Sess. (Ohio to pay,such as he is current on property taxes No.CIO-03084(N.D.Cal.filed July 14,2010). 2009)(creating OHIO REV.CODE ANN.§717.25 and has not been late paying property taxes 16 Pub.L.79-404,60 Stat.237,enacted June 11, (West 2009));see also OHIO REV, CODE ANN.§ in the past three years or since the purchase 1946. 717.25(B)(1)(West 2010),for language in the of the house.Id.at 5-7.Also,property owners 17 Distinct from its regulatory and supervisory statute.Oklahoma enacted S.B.668 enabling that have declared bankruptcy in seven years authority, § 4617(a) authorizes the FHFA to the creation of a county energy district. S.B. will be prohibited from PACE liens.Id. appoint itself conservator or receiver of Fannie 668,52d Leg.,1st Reg.Sess.(Okla.2009)(cre- ' See FLA.STAT.§163.08(1)(b)(2010). Mae,Freddie Mac, and/or the Federal Home ating OKLA.STAT.tit.19,§460.1-.7(2009));see ° H.B.7179;see also id.§163.08(1)(c)(stating Loan Banks"for the purpose of reorganizing, also OELA.STAT.tit.19,§460.2,.4-.5(2010),for "voluntary assessments are reasonable and rehabilitating,or winding up the affairs of a the statutory language. Oregon enacted H.B. necessary to serve and achieve a compelling regulated entity."Id.§4617(a)(2). 2626 creating an energy fund and permitting state interest"). 16 As Conservator,FHFA is charged with tak- a property owner to obtain a loan that is se- 6 H.B.7179;see also FLA.STAT.163.08(7), ing any action"necessary to put the regulated cured by a first lien on his property.H.B.2626, 6 H.B.7179;see also FLA.STAT.163.08(3), entity into sound and solvent condition"and 75th Leg.Assemb.,1st Special Sess.(Or.2009) 7 Id. art.X,§§1-2. "appropriate to carry on the business of the (amending chapter 470 OR.REV.STAT.(2005)); 8 Marianne E. Sullivan, Energy Loan Tax regulated entity and preserve and conserve the see also OR.REV.STAT.§470.130(2010),for the Assessment Program, in FANNIE MAE SINGLE assets and property of the regulated entity."12 resulting statutory language;see also OR.REV. FAMILY SELLING GUIDE,LENDER LETTER LL 07- U.S.C.§4617(b)(2)(D). STAT.§460.150(2010),for statement in stat- 2009(Sept.18,2009),https://www.efanniemae. 19 Defendants argue three specific statutory ute that loan is secured by a first lien on the com/sf/"ides/ssa/annitrs/­l)df/2009/110709.p provisions- 12 U.S.C. § 4617(f), 12 U.S.C. § property.Texas enacted H.B.1937 permitting I Marianne E. Sullivan,Property Assessed 4635(b),and 12 U.S.C.§4623(d)-expressly assessments for energy efficient improvements Clean Energy Loans,in FANNIE MAE SINGLE FAM- preclude jurisdiction over Plaintiffs'claims. at the consent of the property owner. H.B. ILY SELLING GUIDE,LENDER LETTER LL 2010-06 " The district court dismissed Leon County's 1937,81st Leg.,Reg.Sess.(Tex.2009)(creat- (May 5, 2010),https://www.efanniemae.com/ complaint on the grounds that,in issuing the ing chapter 376 TEx.CONTRACTUAL ASSESSMENTS sf/Luides/ssg/annitrs/pdf/2010/111006 pdf;see directive to Fannie Mae and Freddie Mac,the FOR ENERGY EFFICIENT IMPROVEMENTS CODE ANN. also John S. Forlines, Options for Borrowers FHFA was acting in its capacity as a"conser- (West 2009));see also TEx.CoNTRAcTuAL ASSESS- with a PACE Loan,in FANNIE MAE SINGLE FAM- vator"and, pursuant to § 4617(f),"no court MENTS FOR ENERGY EFFICIENT IMPROVEMENTS CODE ILY SELLING GUIDE,ANN.SEL 2010-12(Aug.31, may take any action to restrain or affect the ANN.§§376.001,.003(West 2010),for language 2010),httl)s://www.efanniemae.conVsf/guides/ exercise of powers or functions of the [FHFA] in statute indicating assessment is at consent ssg/annitrs/�df/2010/se]1012 pdf. as a conservator or a receiver."Id.§4617(f). of owner.Vermont enacted H.B.446,H.B.446, 10 Letter from Patricia J.McClung,Vice Presi- 21 Pub.L.,No.110-289,122 Stat.2654(codi- 2009-2010 Leg. Sess., Reg. Sess., (Vt. 2009) dent,Offerings Mgmt.,Freddie Mac,to Freddie fied at 12 U.S.C.§4501 et seq.)and§46170, continued... 27 152 PACE in Florida—PACENow Page 1 of 4 ABOUT US MISSION DONATE JOBS CONTACT US Search this website... SEARCH ABOUT PACE PACE PROGRAMS RESOURCES TAKE ACTION NEWS PROGRAM ADMIN LOG IN PACE in Florida MENU .................. PACE Programs-FOCUS on Florida PACE Replication Guide C-PACE In Connecticut There has been a lot of buzz WRCOG Program about PACE programs in the - Sunshine State,which is PACE online Presence hardly surprising given List Of PACE Programs national press coverage of -- - - three separate programs, PACE Enabling Legislation each capable of enlisting PACE Webinars any munlapa ity in Florida. Property valuation Report Other municipal jurisdictions are considering PACE In Florida whether or not to initiate PACE Program Launched programs of their own.For instance,Leon County(which filed a lawsuit in 2010 in the U.S.District Court for the SUBSCRIBE TO OUR NEWSLETTER Northern District of Florida to overturn the FHFA ban on residential PACE)formed the first PACE district in Florida and continues to develop various elements of the Leon Energy Want to receive PACE industry updates? Assistance Program("LEAP"). Subscribe to our free a-mail newsletter! '�+.. Florida passed its PACE enabling statute(Section 163.08,F.S.)in 2010,thanks to strong Email bipartisan legislative support and the efforts of many to promote energy efficiency and renewable energy measures for homes and commercial buildings throughout the state. Submit Florida's PACE statute also permits improvements to buildings that make them more resistant to damage from wind(think hurricanes),and some feet that energy savings that result from using less water make PACE suitable for water efficiency measures as well. Recent amendments to Florida's PACE statute were also adopted,allowing multi- jurisdictional programs to scale more quickly and efficiently.This can make a lot of sense, particularly for smaller communities,because it allows them to share program administration,marketing,and other costs,and access private sector capital more effectively and ultimately at lower interest rates. Florida law offers local governments mitigation of risk and liability related to the PACE transactions whether by creating an individual program through the formation of a dependent special district(Chapter 189,F.S.)or a multi-jurisdictional program(Section 163.01,F.S.).Each of the three programs summarized below can levy PACE assessments, offer financing and subsequently receive assessment payments collected at the county level.The programs share some attributes,but differ in the way they address residential PACE,financing models,water efficiency measures,and issues related to the notice,and consent or acknowledgment of an existing mortgage lender for commercial projects.PACE stakeholders are following existing mortgage lender reactions to commercial PACE closely, and it will be interesting to see how project lenders,building owners,and local governments decide to handle this issue.While a program may require only that notice of a PACE project be provided to a property's mortgage tender,property owners and PACE funders may determine that some form of acknowledgment or support for the project from an existing tender is necessary to proceed. Clean Energy Green Corridor Ygrene Energy Fund's announcement with Carbon War Room of a program centered in South Florida has led to the formation of the Clean Energy Green Corridor District.Initiated 153 PACE in Florida—PACENow Page 2 of 4 �v-- by the Town of Cutler Bay,the District to date includes ���� Miami,South Miami,Pinecrest,Palmetto Bay,and Miami Shores,communities that total about 650,000 people.The E NERGY FUND Green Corridor District plans to offer both commercial and residential PACE financing,though only commercial projects will be permitted in the City of Miami. Ygrene Energy Fund Florida,a subsidiary of the California based leader in PACE program development,will administer the program,using its turnkey approach that provides administration,financing,contracting,and a range of assurances and performance guarantees to participating governments.According to Ygrene's John Wakefield,the implementation process has been launched with initial project finance and property improvements expected this fall for likely completion in early 2013.Ygrene reports that it has secured funding through Barclays and is working to develop potential funding from other lenders capable of warehousing assessments. In Miami-Dade,Ygrene uses a comprehensive marketing strategy that involves broad outreach to local stakeholders through workshops,newsletters,and presentations.As John Wakefield informs us,in every clean energy district Ygrene establishes an Energy Center to showcase new equipment and technology,offer assistance and resources to local property owners,and undertake contractor recruitment,training and certification.Building on the experience of the Sonoma County Energy Independence program,Ygrene developed its direct advertising efforts consisting of media ads,direct mailing,and community events to better reach local property owners.Overall,Ygrene puts emphasis on creating localized programs at a District Level. As for energy audits,Green Corridor uses home evaluation software tool to prioritize improvements and calculate the SIR(savings to investment ratio). Water conservation and wind hazard abatement projects could be offered to Green Corridor participating municipalities that choose to include these measures when they join. Green Corridor will not require consent from existing mortgage lenders,relying on Florida's enabling statute requirements for notice only. For more information about the program,please contact John Wakefield via e-mail John.Wakefield@ygrene.us Florida Green Energy Works Program +� ���� by Green Energy Works is administered by EcoCity Partners,OC,a Florida Low �h par�ners.t. profit,Limited liability corporation.The Towns of Lantana and Mangonia Park,both in Palm Beach County,recently joined to incorporate the Florida Green Finance Authority,the"separate legal entity"which any municipality or local government in Florida can join by interlocal agreement to scale the consortium. Florida Green Energy Works is focused on commercial PACE.While the program is equipped to offer both residential and commercial financing,at this point,residential funding is not being offered,due to the uncertainty created by the FHFA.EcoCity's Mike Wallander points out that ultimately it will be up to participating Local governments to decide whether to participate in residential financing. The program uses the"owner-arranged/open market"funding model and requires commercial property owners to provide notice and receive consent for the PACE assessment from their existing mortgage lender.When consent is obtained for a project, any market-based financing could be obtained.In other words,property owners can use any lender/funding source,which open market advocates believe will induce competition and ultimately result in a lower interest rates and closing costs.EcoCity Partners is working with property owners and providers of funding to match the need with supply.The program expects to conclude its bond validation process by the end of the year. 154 PACE in Florida—PACENow Page 3 of 4 Regarding lender consent,Wallander notes,"We have invested time to meet with the banks to educate them about PACE.We view existing lenders as partners.We understand that it is an educational process and once one bank signs off on a project for one building,we w�. expect others to follow.We do subscribe to the idea of lender consent,though Florida law only requires a notice." Wind hazard abatement and water efficiency measures are an integral component of the program that will be available for local governments joining Florida Green Energy Works Program.Erin Deady,a lawyer active in developing Florida Green Energy Works and working with Leon County on the FHFA federal litigation,identifies the significant amount of data showing the linkage between water and energy efficiency improvements as justification for using PACE. Florida Green Energy Works requires an energy savings audit completed by a qualified energy auditor or a certified building energy rater.At a minimum,this audit wilt include the following information: ■ Recommendations for energy savings measures; ■ Estimated energy savings and a priority ranking for each measure; ■ Estimated renewable energy to be produced; ■ Estimated greenhouse gas reductions;and ■ Estimated cost savings resulting from the implementation of the recommendations and use of funds made available by the District. A web based platform will collect and make data related to projects'energy savings and environmental impacts(carbon reductions)readily available to the public. Wallander informs us that the program has launched and the website is accepting electronic applications in participating municipalities.Contact Mike Wallander via phone 818-527-6511 or email:Michael@ecocitypartners.com for more information. Florida PACE Funding Agency The Florida PACE Funding Agency garnered plenty of attention when it received validation for up to$2 billion in bond financing Florida last fall.Kissimmee,a city in central Florida and Flagler County on PACEthe Atlantic coast are the original incorporators for the Agency,to which other local governments will"subscribe"to join.Again,under -idir Cj f; 7 1C.'i authority established by Section 163.01,F.S.the Agency will provide services to its subscribers and can levy assessments as repayment for PACE funded projects.Bryant,Miller a Olive(BMO),a prominent Florida based law firm, was instrumental in forming the program,and has been engaged by the Agency as its special counsel and bond counsel.Energy,Environment Et Infrastructure LLC(a subsidiary of Science Applications International Corporation"SAIC")was selected to be the third party administrator.The Agency is still in discussion with several providers of financial services. Bob Reid of BMO believes financing may ultimately be in the form of a warehouse facility that makes project funding available whenever it is needed. The judgment of the Florida Circuit Court of Leon County on validation is binding on all parties in Florida,and it provides a judicial finality to the question of whether a local government has the authority to impose its PACE assessments.The$2 billion funding target could be achieved,according to Reid,if just 5%of 20-year-otd residential and commercial buildings in the state participate in the program with an average project amounting to $15,000.Validation of the Florida PACE Funding Agency's program does not extend to the Green Corridor or Florida Green Energy Works programs,which will have to seek validation of their individual programs. Regarding commercial PACE,the Agency will base its requirements on Florida law that does not require consent from existing mortgage tenders for projects that represent less than 20%of the property's appraised value(Florida law does require consent for projects in excess of 20%).According to Reid,the Florida PACE law passed after substantial engagement with the Florida Bankers Association and individual lenders.Therefore,the 155 PACE in Florida—PACENow Page 4 of 4 Agency will follow the law and provide a 30 day notice to existing lenders to present them with an opportunity to adjust/impose monthly tax/insurance/escrow payments. The agency will not require energy audits,however,interested property owners can get energy audits through qualified auditors. For more information,please contact Bob Reid with Bryant,Miller it Olive via email breid@bmolaw.com. This story was sent in a newsletter,to receive similar stories in the future,please subscribe to our newsletter at the bottom of the website. share share share share About Us Our Mission Contact Us Subscribe To Our Newsletter PACENow is a non-profit organization that Our mission is to promote the use of Address:141 Tompkins Ave,3rd Floor Want to receive PACE industry updates? provides impartial leadership for a broad Property Assessed Clean Energy finance as Pleasantville,NY 10570 Subscribe to our free e-mail newsletter! coalition of governments,elected a powerful tool to drive energy retrofits of E-mail info@pacenow.org Email ' representatives,national municipal our nation's homes and commercial associations,trade organizations, buildings. Submit businesses and business councils, environmental groups,and private individuals who support the PACE movement. PACENow 2012 by MWS Media/Clover Themes-Login 156 ) 3C-7- Attorney's Matters-B.C.C. 03.05.13 Off,C of INDIAN RIVER COUNTY ATTORNEY Alan S.Polackwich,Sr.,County Attorney William K.DeBraal,Deputy County Attorney Brooke W.Odom,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Alan S. Polackwich, Sr., County Attorneyc� DATE: February 26, 2013 SUBJECT: Vero Beach Sports Village—Lease Update On May 1, 2009, the County entered into a Facility Lease Agreement (the "Lease") with MiLB Vero Beach, LLC, a Florida limited liability company ("MiLB"), relating to the former Dodgertown facility. �.. The Lease is for an initial five year term (through April 30, 2014), with two successive options to renew for additional five year terms. On January 1, 2012, the County approved an amendment and assignment of the Lease to Verotown, LLC, a Delaware limited liability company ("Verotown"), which is the current tenant. Under section 2.03 of the Lease, Verotown was required to deliver written notice of renewal no later than October 31, 2012, if it chose to exercise its first option to renew for an additional five year term. Verotown did not deliver a written notice of renewal. On February 5, 2013, although not required by the Lease terms, Verotown delivered written notice that it would not exercise its option to renew. Consequently, the Lease is scheduled to expire on April 30, 2014. The primary sticking points in renewal negotiations between the County and Verotown have been Verotown's liability for capital expenses, casualty insurance premiums and liquidated damages, in the event Verotown breaches the lease by leaving early. Indian River Co. Ap ved Date APPROVED FOR MARCH 5, 2013 B.C.C. MEETING—ATTORNEY'S MATTERS Admin. -Z/R7/J-5 Co.Atty. 7_ Budget UNTYATTORNEY Risk Management F.44w-e0b d.OENE UO CCAgendn Afe—0s dg,--(I73SI)08.d,, 157 Board of County Commissioners February 26, 2013 Page Two Meanwhile, the County has received inquiries from third parties interested in leasing the facility. At present, any discussions with third parties are very preliminary. Unless the replacement tenant is a non- profit organization, it is likely that a competitive selection/RFP process will be required before the County can enter into a replacement lease. RECOMMENDATION. This agenda item is intended to be for informational purposes, and to provide the Board with an opportunity to discuss the facility and the Lease in a public meeting. ATTACHMENT(S). Verotown, LLC's Letter of Non-Renewal ASP.-LAC r:t9ooruerlL;n dcne..I B c erase„do n i r,r V_)odge I. ,p'Bsr i as do, 158 Indian River County f r FEB 5 2013 office of the TM County Administrator February 5,2013 Joe Baird Indian River County Administrator 180127 th Street Vero Beach,FL 32960 Dear Joe, As you know the partners have been disappointed that we have been unable to identify future lease terms with the County. While we respect your decision, we believe our proposal is extremely fair. When Peter O'Malley and partners became responsible for the facility, it was their intention to save and polish what has been known as Dodgertown. They were not motivated by profit but they also have no interest in significant losses. We explained to you that all profits would be put back into the facility. We are proud of the ways we have contributed economically to Indian River County while simultaneously enhancing a historically significant facility. The business model for the Sports Village is sound and for the last three years losses have been diminishing. However, we cannot continue under the terms you have given us. Consequently, we have concluded with great regret that we will not exercise our renewal option in Section 2.03 of the Facility Lease Agreement. Continued best wishes. Sincerely I Craig Callan Vice President, Vero Beach Sports Village Cc: Bryant Miller Olive P.A. Attn: Robert C. Reid, Special County Attorney 101 N. Monroe Street, Suite 900 Tallahassee, FL 32301 159 Attorney's Matters-B.C.C. 03.05.13 Office of INDIAN RIVER COUNTY ATTORNEY Alan S.Polackwich,Sr.,County Attorney William K. DeBraal,Deputy County Attorney Brooke W. Odom,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Alan S. Polackwich, Sr., County Attorney DATE: February 25, 2013 SUBJECT: Hiring Process—New County Attorney ••• BACKGROUND. As the Board knows, the County Attorney has submitted his resignation, effective at a mutually convenient date this summer. This necessitates a hiring process to select a new County Attorney. Attached are (1) a proposed hiring process schedule, (2) two ads for publication in three places: the local Press Journal, the Florida Association of Counties website, and the Florida Bar News, and (3) information about Indian River County and the County Attorney position to be posted on the County's website. The Board needs to review and approve (or revise) the hiring process schedule and other materials, and approve a salary range to be included in the ads. RECOMMENDATION. The County Attorney recommends that the Board approve the proposed hiring process schedule and other materials, and approve a salary range for the position. Indian River Co. Ap,prpved Date APPROVED FOR MARCH 5, 2013 Admin. B.C.C. MEETING—ATTORNEY'S MATTERS Co.Atty. Z.• 24, Budget Dept. °W+.► Risk Mgr. --- ___ CO NTYATTORNEY 160 Board of County Commissioners February 25, 2013 Page Two ATTACHMENTS. Proposed Hiring Process Schedule Proposed Advertisements Proposed IRC Website Posting ASP:LAC FA4uomeyDndaIGeneraIO C a4genda bfe—ICAO(New CA Ntring Pmess).doc 1 6 1 SCHEDULE FOR COUNTY ATTORNEY SELECTION PROCESS* 1. March 5, 2013. BCC approves this schedule. 2. March 15, 2013. Ads are published in the Press Journal, with the Florida Association of Counties, and in the Florida Bar Journal or News. 3. April 15, 2013. Final application submittal date. 4. May 7, 2013. BCC selects a"short list" of applicants for interviews. 5. May 8 —20, 2013. Interviews conducted. 6. May 21 or June 4, 2013. Final selection made. 7. June 11 or 18, 2013. BCC approves employment contract. 8. July 1, 2013. New County Attorney begins employment. *Note: all dates are approximate 162 } COUNTY ATTORNEY Indian River County Attorney's Office Salary range $ - $ , plus benefits The Indian River County Board of County Commissioners is seeking a County Attorney. The ideal candidate will have excellent legal, communication and office management skills. Minimum requirements include: graduation from an accredited law school; active membership in good standing with the Florida Bar; and a minimum of ten years experience as a practicing attorney, with at least five years experience in local government law. Download application and full job posting at: www.ircgov.com. Submit application (and attached resume) to Indian River County Human Resources, 1800 27th St., Vero Beach, FL 32960, or email to . Application submittal deadline is April 15, 2013. All qualified attorneys, including women and minorities, are encouraged to apply. The `�— County is an equal opportunity/affirmative action employer, and a drug-free workplace. 163 INDIAN RIVER COUNTY, FLORIDA COUNTY ATTORNEY—Salary Range: $ - $ , plus benefits Indian River County, Florida seeks applications for the position of County Attorney. The County Attorney reports directly to the Board of County Commissioners, and has ultimate legal responsibility in all matters relating to the County. The County Attorney provides legal advice to the Board of County Commissioners, the County Administrator, and to other departments, commissions and boards of the County, as necessary. The County Attorney is also responsible for administration of the County Attorney's Office, including budgeting and management of personnel to ensure that all assignments are completed in a competent and timely manner. Candidates should have excellent legal skills, significant experience in local government law, and excellent communication and office management skills. Minimum requirements include: graduation from an accredited law school; active membership in good standing with the Florida Bar; and a minimum of ten years experience as a practicing attorney, with at least five years experience in local government law. A full description of the position and the application form may be downloaded at www.ircgov.com. Completed applications (with attached resume) should be sent to: Indian River County Human Resources, 1800 27th St., Vero Beach, FL, 32960, or emailed to . The application submittal deadline is April 15, 2013. All qualified 1%WW attorneys, including women and minorities, are encouraged to apply. Indian River County is an equal opportunity/affirmative action employer, and a drug-free workplace. 164 Indian River County Florida Bocird of County Commissioners COUNTY ATTORNEY—Salary Range: $ - $ , plus benefits Indian River County is seeking a new County Attorney to lead our legal team. If you are looking for challenging work, but want to enjoy the beautiful amenities available in Indian River County, then let us welcome you aboard! The Community. Thousands of visitors and residents are attracted to our many recreational and entertainment activities every year. Whether you enjoy a stroll along the beautiful beaches of the Atlantic, live theater performances, art museums or endless outdoor recreational opportunities, including water sports, golf, tennis, etc., it's all here, all year long in Indian River County. The quality and diversity of life and leisure time opportunities are among the many reasons that Indian River County has long been a popular destination for residents and visitors alike. The Position. The County Attorney reports directly to the Board of County Commissioners, and has ultimate legal responsibility in all matters relating to the County. The County Attorney provides legal advice to the Board of County Commissioners, the County Administrator, and to other departments, commissions and boards of the County, as necessary. The County Attorney is also responsible for administration of the County Attorney's Office, including budgeting and management of personnel to ensure that all assignments are completed in a competent and timely manner. The Office of the County Attorney consists of the County Attorney, a Deputy County Attorney, an Assistant County Attorney, two paralegals and one legal secretary. In addition to handling the daily legal needs of the County, the Office represents the County in minor civil litigation, administrative hearings, and all appeals. Major civil litigation, including personal injury claims, worker's compensation claims, and eminent domain litigation, is typically outsourced to private law firms, although the Office stays active in working with outside counsel on the cases. When outside legal expertise is needed on non-litigation matters, the Office typically performs as much of the work as possible,utilizing outside legal expertise on more of a"consultant" basis, than on a primary responsibility basis. Local firms are used whenever possible. The County Attorney attends all meetings of the Board of County Commissioners, and the Deputy County Attorney attends all meetings of the Planning & Zoning Commission. Attendance at meetings of other commissions,boards and committees is on an"as-needed"basis. Examples of Work Performed: Examples of work typically performed by the County Attorney's Office in discharging its responsibility include: drafting or reviewing all ordinances 165 and resolutions adopted by the Board of County Commissioners; ensuring that the actions of the Board of County Commissioners, the Planning and Zoning Commission, and other commissions, boards and committees are consistent with applicable law; drafting or reviewing all contracts to which the County is a party; reviewing all bid solicitations; representing the County in judicial or administrative proceedings, or working with outside counsel to which such proceedings have been assigned; working with administrative staff during the negotiation of all significant transactions; working with administrative staff on the legal aspects of all County projects; rendering formal opinions as provided in the Code, or as requested by the Board of County Commissioners or the County Administrator; interpreting County rules, regulations and policies; providing daily advice to the individual County Commissioners, the County Administrator and department heads; and interpreting and ensuring compliance with all applicable federal, state and local laws and ordinances, including, by way of example, the Sunshine Law, the Public Records Act, and state and federal procurement laws. Skills and Experience Required. Candidates for the position should have excellent legal skills, including negotiation, collaboration_ and problem solving skills, as well as communication; writing and office management skills. Where necessary, the candidate should be able to represent the County in judicial or administrative proceedings, including appeals. Candidates should also have broad experience in public law and commercial matters typically faced by local governments in Florida. Minimum requirements include: graduation from an accredited law school; active membership in good standing with the Florida Bar; and a minimum of ten years experience as a practicing attorney, with at least five years experience in local government law. w.► The application form may be downloaded www.ircgov.com. Completed applications (with attached resume) should be sent to: Indian River County Human Resources, 1800 27th St., Vero Beach, FL, 32960, or emailed to . The application submittal deadline is April 15, 2013. All qualified attorneys, including women and minorities, are encouraged to apply. Indian River County is an equal opportunity/affirmative action employer, and a drug-free workplace. 166 EMERGENCY ADDITION AGENDA ITEM 13.1. t1V , OC2 Of MARCH 5, 2013 INDIAN RIVER COUNTY ti ATTORNEY Alan S.Polackwich,Sr.,County Attorney William K.DeBraal,Deputy County Attorney Brooke W.Odom,Assistant County Attorney TO: Board of County Commissioners .�� FROM: Alan S. Polackwich, Sr. — County y Attorney DATE: March 4, 2013 SUBJECT: Results of Water/Sewer Survey As the Board knows, the County has been conducting a survey of owners of property �•- located in the unincorporated county, but currently receiving water/sewer service from the City of Vero Beach. These properties are located on the south barrier island, and on the mainland close to the City. The survey form asked whether the property owner preferred the County or the City to provide water/sewer service after the current franchises expire in March, 2017. The survey process was completed on Friday, March 1, 2013. A total of 3379 survey forms were sent to eligible property owners. A total of 1324, or approximately 40%, of the survey forms were returned, with the following results: 978 voted for County service, 298 voted for City service, and 48 did not vote one way or the other. Thus, 76.6% of those voting, and 73.8% of those returning a survey form, voted in favor of County service. It should be noted that, as of the preparation of this agenda memo, the above results are "unofficial" in that they have been verbally reported by Rehman Robson (formerly Harris, Cotherman, et al.), the certified public accounting firm which tabulated the results. An "official" certification of the results is expected shortly. ASP/nhm I AGENDA -A- 1 March 5, 2013 ITEM 14.13.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: February 26, 2013 SUBJECT: Foxwood — 66 1h and 26" in Central County FROM: Wesley S. Davis CIS Commissioner, District 1 I kindly request your consideration for a discussion with possible action regarding the attached backup documentation requesting forgiveness of penalties and delinquent utility bills and the ability to execute abatement. WSD:mlp F:\BCC\Agenda Items\20130avis\Fomood 66th and 26th.doc 167 Misty Pursel From: Wesley S. Davis Q1): Wesley S. Davis Mect: Foxwood 66th and 26th in centeral county .. From: Wesley Davis Sent: Friday, February 22, 2013 8:36 AM To: Wesley S. Davis Subject: Fwd: Foxwood 66th and 26th in centeral county ----- Forwarded message ----- From: "J. Burklew" <jburklewbellsouth.net> Date: Wed, Feb 20, 2013 2:23 pm Subject: Foxwood 66th and 26th in centeral county To: Wesley S. Davis Wes Thank you I have Spoken to Joe Beard and the Gents from water and need to have the issue placed on your agenda. So that they can consider, execute or get approved the ability to execute an abatement. The bank has authorized me to go forward even if it means they will pay the settlement if the buyer is unable. -ould like to further suggest that there be a policy put in place to correct this dilemma in the future by not charging `"The properties until there is a CO. Please let me know if you need my help... J. Burklew Broker/Owner BURKLEW REAL ESTATE 3222 Aviation Blvd, Vero Beach, FL 32960 772-539-1151 This e-mail and any file(s)transmitted with it may contain confidential and/or privileged information. Nothing contained in this e-mail and/or any file(s)transmitted with it constitutes a solicitation or an offer to buy or sell any securities. Use or disclosure of this e-mail or any such files by anyone other than a designated addressee is unauthorized. If you are not an intended recipient(or have received this email in error), please notify the sender immediately and delete this e-mail without making a copy. If this e-mail is misdirected, Burklew Inveslments LLC, Burklew Real Estate and its affiliates do not waive confidentiality or any privilege. i 168 March 5, 2013 ITEM 14.13.2 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: February 27, 2013 SUBJECT: Constitutional Amendment #11 - Homestead Exemption for Elderly FROM: Wesley S. Davis Commissioner, Dis rict 1 I kindly request your consideration for a discussion with possible action regarding the Constitutional Amendment #11 - Homestead Exemption for Elderly. Attached is a telephone message from a constitute and a response email from David Nolte, Property Appraiser referring to a spreadsheet of the properties owned by Seniors, with exemptions for at least 25 years, where the value is less than $250,000 for both Countywide and for MSTU. The spreadsheet is on file in the Commission Office. WSD:mlp F:\BCC\Agenda Items\20130avis\Foxwood 66th and 26th.doc 169 Misty Pursel crom: Laura Vasquez nt: Wednesday, February 20, 2013 3:42 PM ""1-0: Peter D. O'Bryan; Wesley S. Davis; Tim Zorc; Joseph E. Flescher; Bob Solari Cc: Terri Collins-Lister; Misty Pursel Subject: AMENDMENT 19 Commissioners, I received a phone call from Mr. LA Pickard he was inquiring if the Amendment 19 was to be on the Commission Agenda anytime in the near future?? He referred to Amendment 19 as Homestead for Seniors living in their homes for X amount of years... He would really appreciate a call back— he may be reached at 589-2758 .✓' 4+�Irl. Commissioner Assistant to mmissioner Joseph E. Flescher, District 2 ,-Aridian River County Board of County Commissioners 1801 27th Street Vero Beach. FL 32960 (772) 226-1919 (772)226-5334 i 170 Wesley S. Davis From: Nolte, David [David@ircpa.org] Sent: Monday, February 25, 2013 3:53 PM To: Wesley S. Davis ment - homestead exemption for elderly Subject: RE: Constitutional amend Wesley, Anyone owning a home and making $20,000 per year needs help! Dave PS: i have seat over a spreadsheet of the properties owned by Seniors, with exemptions for at least 25 years, where the value is less than $250,000, for both Countywide and for MSTU. If i can be of further service, please do not hesitate to contact me. From: Wesley S. Davis [mailto:wdavis(abircgov.coml Sent: Monday, February 25, 2013 11:33 AM To: Nolte, David Subject: Constitutional amendment - homestead exemption for elderly Dave, I have been asked to move this forward. Your thoughts would be greatly appreciated. Best regards, `m)e.� ,- (L)I rpis County Commissioner, District 1 1801 27th Street; Bldg. A Vero Beach, FL 32960 772 226 1442 wdavis(ab,ircgov.com j 1 From: Alan Polackwich Sent: Monday, February 25, 2013 9:19 AM To: Joseph E. Flescher; Bob Solari; 'TimZorc@aol.com'; Wesley S. Davis; Peter D. O'Bryan Cc: Joe Baird; Jason Brown Subject: RE: Constitutional amendment- homestead exemption for elderly Last week, Laura sent each of you an email about a call she received from Mr. LA Pickard, who inquired about "Amendment 19" which created an expanded homestead exemption for seniors who live in their house for a certain period of time. Wesley forwarded the email to me on Friday. I don't think there was any Amendment: 19 dealing with this subject ... but below is an email that I sent to each of you on Dec 28 about Amendment 11. 1 assume this is what Mr. Pickard was talking about. I did not receive a response to the email from any of you ... so nothing has been done to implement the expanded exemption here in IRC. Alan P DO NOT"REPLY ALL"TO THIS EMAIL. IF YOU WISH TO DISCUSS FURTHER, PLEASE SEE ME INDIVIDUALLY. From: Alan Polackwich Sent: Friday, December 28, 2012 10:06 AM To: Joseph E. Flescher; Bob Solari; 'TimZorc@aol.com'; Wesley S. Davis; Peter D. O'Bryan Cc: Joe Baird; Jason Brown Subject: Constitutional amendment- homestead exemption for elderly On Nov 6, the voters passed Amendment 11, which authorizes any county to expand the homestead exemption for seniors (65 or over) to the assessed value of the property if(i)the property has been the permanent residence of the senior for at least 25 years, (ii)the household income does not exceed $20,000 per year. This exemption will apply in Indian River County only if the BCC adopts an ordinance allowing it. If any of you are interested in pursuing the issue, please see me individually ... or schedule the issue for discussion under Commissioner Matters on an upcoming agenda. DO NOT"REPLY ALL"TO THIS EMAIL. IF YOU WANT TO DISCUSS THE ISSUE FURTHER, PLEASE SEE ME INDIVIDUALLY. Alan P Alan S. Polackwich, Sr. County Attorney, Indian River County 1801 27th Street Vero Beach, FL 32960 tele # 1-772-226-1424 fax # 1-772-569-4317 apolackwichCaircgov.com � 2 N Indian diver County City of Vero Beach Enterprise Zone Development Agency FL ENTERPRISE ZONE PROGRAM PROPOSED CHANGES HB 965, by Representative Betty Reed Business Equipment Sales Tax Refund Jobs Tax Credit on Sales/Corporate Tax House Bill 965 proposes 3 revisions to the current.Enterprise Zone program. The Bill was filed on 2/21/2013 by Rep. Betty Reed,from the Tampa area. There is no companion Bill in the Senate. Business Equipment Sales Tax Refund: Current: The Business Equipment Sales Tax Refund is the most frequently used program under the Enterprise Zone program. A company located within the Zone that purchases equipment used in the Zone can apply for a refund of a portion of the state sales tax paid on that item. The program's criteria: - Business must be located within an Enterprise Zone. - Business equipment purchased must have a sales price of at least$5,000 per unit. - Equipment purchased must be used exclusively in an Enterprise Zone for at least 3 years Proposed legislation lowers the minimum purchase price from $5,000 per unit to $2,500 per unit. Language is also being proposed to the Department of Revenue as part of the text amendment process to lower the minimum purchase price of business equipment to $500; and, to change the word "unit"to "purchase". This word change would allow a company to use the total purchase of all eligible expenditures on one invoice to meet the minimum purchase price rather than each individual item listed. Alternatively,as suggested by an EZDA member: To entice increased spending by small businesses in an Enterprise Zone, allow a business to save up their receipts over the year and submit to the Department of Revenue once the minimum threshold is met in the aggregate. As the current Enterprise Zone Coordinator, I have worked very closely with local businesses that were trying to claim sales tax refunds on eligible purchases. It has been my experience that the program has become more of a burden than a benefit to small businesses. Providing better clarification to the eligibility criteria, and lowering the purchasing threshold to$500, would allow more participation in the program. Jobs Tax Credit on Sales Tax; Job Tax Credit on Corporate Tax Current: The Jobs Tax Credit on Sales Tax/Corporate Tax allows a business located in the Enterprise Zone to request a credit against either their sales tax OR corporate tax liability to the state based on the wages paid to a new employee who was hired to rill a newly created job. Proposed legislation removes the criteria of a minimum of I new job to be created-a business that hires an Enterprise Zone resident to fill an existing job would be eligible to apply for either of these credits. It also renames the program the "Job Stimulus Credit"program. Next page please 173 Proposed legislation under HB965: Business Equipment Sales Tax Refund Program - Lowers the minimum purchase price from $5,000 to $2,500 Jobs Tax Credit on Sales Tax; Corporate Tax - Renames the Jobs Tax Credit program to the "Enterprise Zone Job Stimulus Credit" program - Removes the criteria of a minimum of 1 new job to be created-a business that hires an Enterprise Zone resident as a new employee for an existing job would be eligible to apply for either of these credits Recommendation: • Remove the language proposing to lower the minimum purchase price to $2,500; replace with $500 • Support allowing a business to use the aggregate of their purchases over a specified period of time when applying for a refund under the Business Equipment Sales Tax Refund program • Support HB965, as amended above, which removes the job creation criteria for the renamed Enterprise Zone Job Stimulus Credit program Contact information: Rep. Betty Reed 300 House Office Building 402 South Monroe Street Tallahassee, FL 32399-1300 Betty.Reed("u).myfloridahouse.gov (850) 717-5061 Legislative Assistant: Dewayne Mallory District Secretary: Patricia Givens Indian River Crmnty(hamhPr of CommerrP—Frnnnmir r)PVPlnnmPnt nivicinn 174 Ir i �> veo 1wiCl Enterprise Zone Development Agency PROPOSED "ENTERPRISE PROGRAM ZONE" HB475—Rep. Jeanette Nunez HB475 creates a new "Enterprise Program Zone" to take the place of the current Enterprise Zone program. The Bill was filed 1/22/13 by Rep. Jeanette Nunez from Miami-Dade. There is no companion Bill filed in the Senate. It is currently in the Economic Development and Tourism Sub-Committee, Chaired by Rep. Truillos. Current: The Enterprise Zone program is an "if/then" incentive. Businesses are induced by an expectation of the incentives available to locate to this area. The purpose is to bring jobs and investment to distressed areas targeted for redevelopment. The program began in 1982 as one of the first in the U.S. to offer tax incentives as a way to encourage private investment in high unemployment and high poverty areas. It has gone through multiple revisions. There are 65 Enterprise Zones in Florida. The Indian River County/City of Vero Beach Enterprise Zone was designated in 2005, and is up for "Sunset Review" in 2015. It covers a 4.5 square mile area, encompassing the Vero Beach Municipal Airport and the adjacent Gifford community. Proposed: The criteria of the proposed Enterprise Program Zone is "but for" in nature whereby applications for incentives must be filed with a local board then forwarded to a state agency for approval before the business locates or expands. The legislation creates an 11-member FL Urban Investment Job Creation Authority, staffed by the Department of Economic Opportunity, to oversee local Zone Development Corporations. The Corporations would be structured as not-for-profit organizations to serve as the board of directors for local Enterprise Program Zone. Existing Enterprise Zones must submit an economic report to the Authority by 10/1/13 showing current census data and economic indicators that identify distressed areas, with a recommendation for the new Program Zone boundary. Total area of the newly designated Program Zone may not exceed 25% of the existing Enterprise Zone (referred to as "legacy zones"). Several incentives are being proposed under this legislation, including sales/corporate tax credit programs and a loan fund. A Program Zone's allocation of loan funds is based on sales tax collections from the prior fiscal year within the new (smaller) Program Zone. Incentives requested by a qualified new business must be made prior to beginning operations within the Program Zone. Expanding businesses must show a 10% net increase in employment. A qualified business: • Must be located within the Program Zone (an area smaller than the current Enterprise Zone); AND • 25%of the business' employees must either: o Reside in the Program Zone; OR o Live in FL and have been unemployed for at least 6 months; OR o Received temporary cash assistance for the past 6 months; OR o Are low-income individuals as defined by the federal Workforce Act Next page please 175 Most states have some type of tax benefit program to encourage investment in distressed areas. As the Enterprise Zone Coordinator, and having worked with the existing program for nearly 15 years, there are ti... companies throughout the U.S. that will only locate to an Enterprise Zone because they know there are certain tax benefits available to them. This new program would give Florida, and Indian River County, a disadvantage as it could severely limit the businesses that would see any benefit. Recommendation: Oppose HB475. The program is too narrowly focused, reduces the size of our current Enterprise Zone, creates another level of bureaucracy, and could eliminate most small businesses from participating in the program. Contact information: Rep. Jeanette Nunez House Office Building 308 402 S. Monroe Street Tallahassee, FL 32399-1300 850-717-5119 Jeanette.nunez(d iiiyfloridahouse.f;ov Legislative Assistant: Kathy San Pedro District Secretary: Maria Evora Economic Development and Tourism Sub-Committee Chairman: Rep. Carlos Trujillo 204 House Office Building 402 South Monroe Street Tallahassee, FL 32399-1300 850-717-5105 Carlos.Trujillo,c myfloridahouse.gov Legislative Assistant: Alex Miranda District Secretary: Michael Finn District Secretary: Carmen Perez Indian River County Chamber of Commerce—Economic Development Division 1216 21st Street, Vero Beach, FL 32960 Phone: 772-567-3491 directored u indianrk erchaunher.com 176 oil �1 r�I` 2 Z iVe-i' County its I - City ofVero Be h �141W. Enterprise Zone Development Agency PROPOSED CHANGES TO FL ENTERPRISE ZONE PROGRAM Business Equipment Sales Tax Refund —Text Amendment The following are proposed text changes for consideration by the FL Department of Revenue as the agency refines the language of the Enterprise Zone Business Equipment Sales Tax Refund program, as defined under Chapter 212.08, F.S. These text amendments are initially done through the rule making process, including a series of public hearings. Current: The Business Equipment Sales Tax Refund is the most frequently used program under the Enterprise Zone program. A company located within the Zone that purchases equipment used in the Zone can apply for a refund of a portion of the state sales tax paid on that item. The program's criteria: - Business must be located within an Enterprise Zone. - Business equipment purchased must have a sales price of at least$5,000 per unit. - Equipment purchased must be used exclusively in an Enterprise Zone for at least 3 years Over the past year, several businesses in our Enterprise Zone have spent many hours providing a multitude of back-up documentation that the Dept. of Revenue has asked for to support the companies' requests for sales tax refunds on eligible expenditures. In the end,the companies were either denied their refund or received a fraction of what was requested. The situation has put this program in a very negative light. In talking with Enterprise Zone Coordinators elsewhere in Florida, they are experiencing these same challenges. *Historic: In the 2000 Legislative session,there was an amendment to the Enterprise Zone program to add an additional "qualifier"to the program criteria. The intent was to reduce the volume of small dollar refund claims by raising the minimum purchase price for eligibility. In the last days of committee meetings,the$500 minimum originally proposed was increased to $5,000 and the new qualifier now reads: (5)EXEMPTIONS;ACCOUNT OF USE.— Paragraph(h)(9). For the purposes of this exemption, "business property"means new or used property defined as "recovery property"in is. 168(c)of the Internal Revenue Code of 1954, as amended, except: (d) Business property having a sales price of under$5,000ep r unit. *Proposed: Change the minimum purchase price threshold to the originally proposed $500, and change the word "unit"to"purchase". This would allow a business to submit a refund request based on the total purchase reflected on an invoice, $500 or higher, rather than each itemized unit on an invoice having to meet a minimum dollar amount threshold. As most of the businesses in an enterprise zone are very small businesses,this could allow for more participation. More clearly defined language would alleviate the major challenges our businesses are currently experiencing. NOTE: HB965, filed by Rep. Reed on 2/21/13, lowers the purchase price threshold to$2,500 Alternatively,as proposed by an EZDA member: To entice increased spending by small businesses in an Enterprise Zone, allow a business to save up their receipts over the year and submit to the Dept. of Revenue once the minimum threshold is met in the aggregate. Next page please 177 As the Enterprise Zone Coordinator, I have worked very closely with those local businesses that were trying to claim sales tax refunds on eligible purchases. It has been my experience that the program has become more of a burden than a benefit to small businesses. Providing better clarification to the eligibility criteria, and lowering the purchasing threshold, would allow more participation in the program. Recommendation: • Support the proposed text amendments as suggested: o Lower the minimum purchase price threshold to$500 o Changing the word"unit"to"purchase" • Support the recommendation offered by the EZDA, allowing an Enterprise Zone business to aggregate its purchases over time and submit for a sales tax refund. Contact information: FL Department of Revenue Marshall Stranburg, Interim Executive Director Florida Department of Revenue 5050 West Tennessee Street Tallahassee, FL 32399-0100 850-617-8600 stranbum("d),dor.st.tl.us Andrea Moreland, Legislative Liaison 850-617-8600 morelanaL&dor.st.fl.us *A portion of this information was provided by: Robert Slate Strategic Systems, Inc. 9310 Old Kings Road S. #1602 Jacksonville, FL 32257 phone 904-636-0466 Indian River County Chamber of Commerce—Economic Development Division 1216 21st Street, Vero Beach, FL 32960 Phone: 772-567-3491 directored(c`i),indianriverchamber.com 178 BCC AGENDA March 5, 2013 ITEM 14.1)(2) INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: February 27, 2013 SUBJECT: Shout Out in Support of Electric Referendum FROM: Commissioner Bob Solari On March 12, 2013 the Citizens of the City of Vero Beach will have a referendum relating to the sale of the electric utility to FPL. The County has passed a resolution in support of the sale of the utility to FPL and supports a Yes, for approval vote on the March 12 referendum. Everybody in the County who wants change, please call your friends in the COVB and ask them to do the single most positive thing that they can for economic development in the County as a whole and to secure the future financial security of the COVB, and vote Yes, for approval on March 12. Thank you. l 179 March 5, 2013 ... ITEM 14.E.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: February 18, 2013 SUBJECT: 2013 National Conference on Beach Preservation Technology FROM: Tim Zorc Commissioner, District 3 1 would like to provide an update of the 2013 National Conference on Beach Preservation Technology held on February 13, 2013 through February 15, 2013 in Jacksonville, Florida. 180 March 5, 2013 .... ITEM 14.E.2 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: February 18, 2013 SUBJECT: Go-Line Bus Hub FROM: Tim Zorc Commissioner, District 3 1 would like to request discussion on the Go-Line Bus Hub. 181