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04/02/2013 (3)
✓ Z ✓f e � r, 1 i \ qfiis is to r rtify that ✓ a e�0 al reKpnneth Chatam 1 is r+ . v I presented , rr 9 \ a I / o`g r 1 for outstanding performance and ;r faithfu(semice to / I Boardof County Commissw' ners 1 9 11 \1 y , I years , ' ' N ,f r \ On day March rk FI� � i g I / 1 r"�f. 1 I r' �lBoardqf 1 1 I au= 1 d _ °r _ "fir.' .,-. '��' -� .��' .�._. '�„'`! °rYr.' _ .- '�� ate►. _ �.qe ' • :ae��ti .�-a.�ca � "��lo�+�.. �"`+�a � ...rte .�"�e'2�.. �\®a��_.�.,�b\e�.. �E�� �9��a e r PROCLAMATION HONORING KENNETH CHA TAM ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF EMERGENCY SER VICESIFIRE RESCUE WHEREAS, Kenneth Chatam retired from Indian River County Fire Rescue effective March 31, 2013; and WHEREAS, Kenneth Chatam commenced his career with Indian River County on February 16, 1981 as a Firefighter with South Indian River County Fire Districx He became a Firefightm EMT on May 29, 1983 and was promoted to DriverlEngineer on July t, 1984 On January 25, 2008 he became a Fire Rescue Lieutenant with Indian River County Fire Rescue He continued in this capacity until his retiremeng and WHEREAS, Kenneth Chatam has served this County and the Public with distinction and selflessnes& During his years of service, he was dedicated and his work greatly appreciated by the employer, citizens, and co-workers alike; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Kenneth Chatam's efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River County for the last thirty- two years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors! Adopted this 2nd day of April 2013 } BOARD OF COUNTY COMMISSIONERS f INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman I I Q 'J6 PROCLAMATION DESIGNATING THE MONTH OF APRIL, 2013 AS CHILD ABUSE PREVENTION MONTH WHEREAS, child abuse and neglect is a serious and growing problem affecting more than 3.2 million of our nation's children annually and over 3,500 children locally; and WHEREAS, this societal malignancy known as child abuse and neglect respects no racial, religion, class or geographical boundaries, and, in fact, has been declared a national emergency; and WHEREAS, increased public awareness of the devastating problem of child abuse and neglect is our strongest weapon in the fight to end it; and WHEREAS, the Exchange Club of Indian River, through their support of parent aide programs, parenting classes and educational programs, are making significant progress toward elimination of this heinous crime against the children and families of our nation and community. NOW, THEREFORE, BE IT PROCLAIMED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS that the month of April, 2013, be designated as CHILD ABUSE PREVENTION MONTH in Indian River County, and all citizens are urged to use this time to better understand, recognize and respond to this grievous problem. Adopted this 2nd day of April, 2013. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA jo eph . Flescher, Chairman L K Wesley S. Davis, Vice Chairman Peter D. O'Bryan ' k .M Bob Solari PROCLAMATION DESIGNATING APRIL 9, 2013 AS INDIAN RIVER GENEALOGICAL SOCIETY DAY WHEREAS, the Indian River Genealogical Society is currently celebrating its 30th Anniversary as an organization that furthers genealogical research and promotes interest in family and local history and; WHEREAS, the Indian River Genealogical Society provides hundreds of lectures, workshops, and seminars educating the public in family history and; WHEREAS, the Indian River Genealogical Society has published such works as the Indian River County Postcard History and provided talks to numerous civic and faith organizations on historical Indian River County and; WHEREAS, the Indian River Genealogical Society has helped preserve the legacy of local veterans by researching, organizing, documenting and articulating the story of the men honored on Veterans Memorial Island Sanctuary and; WHEREAS, the Indian River Genealogical Society placed 4th in the nation for a group of its size in overall production indexing the 1940 Federal Census and; WHEREAS, the Indian River Genealogical Society has consistently assisted and supported Julian W. Lowenstein Archive Center and Genealogy Department at the Indian River County ain Library with volunteers, assistance, books, and equipment. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the Board designates April 9, 2013 as Indian River Genealogical Society Day and hereby congratulates the Society on its work and success in Indian River County over the past 30 years. Adopted this 2"d day of April, 2013. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA J eph L Flescher, Chairman W ley S. Davis, Vice Chairman Peter D. O'Bryan y� Bob Solari Tim: ' PROCLAMATION J t" GENERAL AVIATION APPRECIATION MONTH WHEREAS, general aviation and community airports play a critical role in the lives of our citizens, as well as in the operation of our businesses and agriculture; and WHEREAS, the State of Florida has a significant interest in the continued vitality of general aviation, aerospace, aircraft manufacturing educational institutions, aviation organizations, community airports, and airport operators; and WHEREAS, there are 129 public-use airports in the State, serving 51,671 pilots and 25,328 general aviation aircraft and representing nearly 80 percent of all aircraft operations in the State; and WHEREAS, the three public-use airports in Indian River County; Vero Beach Municipal Airport, Sebastian Municipal Airport, and New Hibiscus Airport; along with several other private airfields, contribute an estimated $450 million in economic impact on an annual basis to the community; and WHEREAS, general aviation also plays a vital role in Indian River County's response to emergencies and natural disasters; and WHEREAS, Indian River County depends heavily upon general aviation and community airports for the continued flow of commerce, agriculture, and tourism; and WHEREAS, general aviation businesses and services have a major presence in Indian River County including our very own Piper Aircraft, Flight Safety Academy, Sun Aviation,. LoPresti Aviation, and many others. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the Board does hereby extend greetings and best wishes to all observing April, 2013 as General Aviation Appreciation Month. Adopted this 2nd day of April, 2013. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA n e J eph E. Flescher, Chairman vyveqey S. Davis, ice Chairman t F Peter D. O'Bryan Bob Solari Ti rc 7A INFORMATIONAL ITEMS April 2, 2013 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM To: Members of the Board of County Commissioners Date: March 15, 2013 Subject: Appointment of Department of Children and Families Representative to the Children's Services Advisory Committee (CSAC) From: Laura E. Vasquez Commissioner Assistant, District 2 Mr. Robert (Bob) McPartlan has been appointed to fill the position of Department of Children and Families Representative to the Children's Services Advisory Committee previously held by Ms. Cheri Sheffer. Effective immediately Attachment: e-mail lev F:\BCC\Agenda Items\2013\2013 Appointments&Resignations\CSAC - Robert McPartlan Appointment.doc 6 Laura Vasquez From: Bradley_Bernauer@doh.state.fl.us Sent: Wednesday, March 13, 2013 7:38 AM To: Laura Vasquez Subject: FW: South East Region Announces New Circuit 19 Community Development Administrator This is the new DCF representative for the CSAC -----Original Message----- From: Linda Poston [mailto:Linda Poston@dcf.state.fl.us] Sent: Tuesday, March 12, 2013 2:22 PM To: Bernauer, Bradley E; bwhitehall@citryofokeechobee.com; culpeppera@msn.com; blairspedl@centurylink.net; dzadovskyc@stlucieco.org; claudia.limenez( indianriverschools.org; dheaton@cscmc.org; Dennis Miles; elizabeth@hohmartin.org; Hess, Erin E; ivo-icsik(@unitedwaymartincounty.org; kenworthyk(locsb.okee.kl2.fl.us; lesliespurlock88@gmail.com; Lorrene Egan; michael.kint(@unitedwayirc.org; mondreckicus.williams(@uff.us; rstetson@tciobs.org; Robin Dapp; sboyle@cscslc.org; levins(@circuitl9.org; louWo7l@elcslc.org; Wydee'a.Wilson@djj.state.fl.us; opddennydavis hotmail.com; dloara@iresheriff _org; ddap_pen(@vbpd.org; donald.shinnamon@pslpd.us; emorley@ci.stuart.fl.us; ecernig@sewallspoint.martin.fl.us; judith.kenworthv@pslpd.us; KMascara@stluciesheriff.com; mmorris@cityofsebastian.org; iwhite(@sheriff.co.okeechobee.fl.us; rcrowder@sheriff.martin.fl.us; policechief@cityoffellsmere.org; sbaldwin@fppd.org; Marge Poplin; Fran.Adams@indianriverschools.org; kenworthyk(@ocsb.okee.kl2.fl.us; gaylorl(@martin.kl2.fl.us; LannonM@stlucie.kl2.fl.us Cc: cepps@roundtableslc.org; christine.demetriades@uff.us; sheppei@martin.k12.fl.us; Laurel Hopper; Sharon.vinson@okee.kl2.fl.us; Ann Berner@sefbhn.org; beth@stlucieco.gov; `" onei3080@bellsouth.net; Celia.Garcia@gal.f1.gov; cerena.wallace@uff.us; Collins, Chad; suttonc(@okee.kl2.fl.us; CLHarris@magellanhealth.com; DPye@fpscorp.com; dbutler(@gfnf4kids.org; Deborah.Lampert@uff.us; dtorres(acscslc.org; dborrie@castletc.org; emackenzie(@gfnf4kids.org; Frank.Avilla@chsf1.org; gpettit(@hcc4kids.org; arbogastg(@ocsb.okee.kl2.fl.us; iluther@iresheriff.org; ]ennifer.Corkern@uff.us; iborowicz@safespacefl.org; ]Romano@nhtcinc.org; Stake, Kathryn S; kathyd@hpsfl.org; desoizak@circuitl9.org; Lakiba Singleton@thementornetwork.com; Lewis, Lillian V; lisa.florio@uff.us; Von Seelen, Lisa; lschicker; mondreckicus.williams@uff.us; Nancy Wall; page woodward@211pbtc.org; PRivera@cscslc.org; Pilar Harris; Pierre Louis, R. Danny; Robert McPartlan; sabrina.barnes@chsfl.org; CicconeT@stlucieco.org; Tmaher@hcc4kids.org Subject: Fw: South East Region Announces New Circuit 19 Community Development Administrator FYI Linda Poston Administrative Assistant I for Lorrene Egan, Family Safety Region Operations Manager 337 North US Highway 1 Fort Pierce, FL 34950 772/460-3641 ----- Forwarded by Linda Poston/D15/DCF on 03/12/2013 02:17 PM ----- Dennis Miles/D09/DCF 1 7 03/08/2013 12:52 PM It is with great pleasure that the Southeast Region announces the selection of Robert (Bob) McPartlan as the Circuit 19 Community Development Administrator. Bob started with the Department in 2001 as a CPI in Palm Bay. He worked as a CPI for the Child Advocacy Center and was promoted to Supervisor for that Unit in 2005. He was again promoted in July 2008 and became the Program Administrator for Circuit 19 CPI. The McPartlan 7 consisting of wife/author Aimee (Don't You Cry) and ,,. their 5 children (13 y/o Morgan, 12 y/o Bobby, 11 y/o Taylor, and 2 y/o twins Reagan and Rylee) reside in Sebastian, FL. Bob has resided in -Sebastian for 12 years and has been active in the community coaching Little League, involved with the Boys and Girls Club and many other local organizations. In 2010 Bob was selected to serve on Sebastian's Charter Review Committee and in 2011 was elected to the Sebastian City Council for 2011-2013 and appointed as the Chairman of the Metropolitan Planning Organization for Indian River County. On November 14th, 2012 he was unanimously chosen by his peers to be the next Mayor of Sebastian. While on the Council, Bob has advocated for domestic violence awareness as well as foster care, adoption, and the Guardian Ad Litem program. Bob continues to be a dedicated and committed leader for the Department of Children and Families. We are very excited to have Bob represent Circuit 19 as our Community Development Administrator. Congratulations! 2 Q Dennis Miles, Certified Public Manager Regional Managing Director Southeast Region Department of Children and Families 111 S. Sapodilla Ave, W. Palm Beach, F1 33401 Office: (561) 227-6779 Cell: (561) 215-0037 BEGIN-ANTISPAM-VOTING-LINKS ----------.-------------------------------------------- Teach CanIt if this mail (ID 06JaGrpal) is spam: Spam: https•//antispam doh ad state fl us/canit/b php?i=06JaGrpal&m=9ca81c27dd 32&t=20130312&c=s Not spam: https://antispam doh ad state fl us/canit/b php?i=06JaGrpal&m=9ca8lc27dd 32&t=20130312&c=n Forget vote: https•//antispam doh ad state fl us/canit/b php?i=067aGrpal&m=9ca81c27dd 32&t=20130312&c=f ------------------------------------------------------ END-ANTISPAM-VOTING-LINKS 3 4� c� JEFFREY R. SMITH -: Clerk of Circuit Court and Comptroller �ORI�4` 1 801 27TH Street Vero Beach, Florida 32961 -1028 Telephone (772) 226-1945 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS DATE: March 14, 2013 SUBJECT: APPROVAL OF WARRANTS March 8, 2013 to March 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 March 8, 2013 to March 14, 2013. Attachment: DB: MS 10 CHECKS WRITTEN CHECK NBR CK DATE VENDOR AMOUNT 295895 3/14/2013 ILLINOIS STATE DISBURSEMENT UNIT 142.32 295896 3/14/2013 INTERNAL REVENUE SERVICE 50.00 295897 3/14/2013 CHAPTER 13 TRUSTEE 277.30 295898 3/14/2013 IRC FIRE FIGHTERS ASSOC 6,210.00 295899 3/14/2013 TEAMSTERS LOCAL UNION#769 5,192.00 295900 3/14/2013 MISDU MICHIGAN STATE 445.75 295901 3/14/2013 ADMIN FOR CHILD SUPPORT ENFORCEMENT 203.51 295902 3/14/2013 ADMIN FOR CHILD SUPPORT ENFORCEMENT 206.27 295903 3/14/2013 ADMIN FOR CHILD SUPPORT ENFORCEMENT 115.09 295904 3/14/2013 PORT CONSOLIDATED INC 1,443.20 295905 3/14/2013 STURGIS LUMBER&PLYWOOD CO 822.60 295906 3/14/2013 JORDAN MOWER INC 238.45 295907 3/14/2013 VERO CHEMICAL DISTRIBUTORS INC 344.25 295908 3/14/2013 COPYCO INC DBA 429.93 295909 3/14/2013 RICOH USA INC 52.43 295910 3/14/2013 CHISHOLM CORP OF VERO 988.40 295911 3/14/2013 VELDE FORD INC 513.13 295912 3/14/2013 DATA FLOW SYSTEMS INC 334.05 295913 3/14/2013 SEWELL HARDWARE CO INC 129.85 295914 3/14/2013 COLD AIR DISTRIBUTORS WAREHOUSE 719.55 295915 3/14/2013 DELTA SUPPLY CO 28.39 295916 3/14/2013 E-Z BREW COFFEE&BOTTLE WATER SVC 141.81 295917 3/14/2013 KELLY TRACTOR CO 179.78 295918 3/14/2013 MCMASTER CARR SUPPLY CO 307.03 295919 3/14/2013 AMERIGAS EAGLE PROPANE LP 3,224.22 295920 3/14/2013 DAILY COURIER SERVICE 1,508.00 295921 3/14/2013 GAYLORD BROTHERS INC 150.12 295922 3/14/2013 INDIAN RIVER MEDICAL CENTER 814.42 295923 3/14/2013 HACH CO 364.55 "�- 295924 3/14/2013 AKZO NOBEL COATINGS INC 447.28 295925 3/14/2013 3M CO 675.00 295926 3/14/2013 ALLIED ELECTRONICS INC 175.31 295927 3/14/2013 HD SUPPLY WATERWORKS, LTD 7,754.48 295928 3/14/2013 BOUND TREE MEDICAL 132.40 295929 3/14/2013 VERO INDUSTRIAL SUPPLY INC 341.04 295930 3/14/2013 JAMAR TECHNOLOGIES INC 616.68 295931 3/14/2013 HOMELAND IRRIGATION 343.52 295932 3/14/2013 DELL MARKETING LP 1,193.93 295933 3/14/2013 XEROX CORP SUPPLIES 233.46 295934 3/14/2013 GENERAL PART INC 2,243.81 295935 3/14/2013 GOODYEAR AUTO SERVICE CENTER 212.61 295936 3/14/2013 GROVE WELDERS INC 106.20 295937 3/14/2013 COMPUTYPE INC 1,763.51 295938 3/14/2013 MIDWEST TAPE LLC 271.23 295939 3/14/2013 NORTHERN SAFETY CO INC 123.77 295940 3/14/2013 LOWES CO INC 1,891.06 295941 3/14/2013 FIRST HOSPITAL LABORATORIES INC 459.00 295942 3/14/2013 PALM TRUCK CENTERS INC 755.18 295943 3/14/2013 SOFTWARE HARDWARE INTEGRATION 7,676.65 295944 3/14/2013 GEI GRAPHIC ENTERPRISES INC 260.89 295945 3/14/2013 SUNSHINE REHABILATION CENTER OF IRC INC 75.00 295946 3/14/2013 CLERK OF CIRCUIT COURT 490.81 295947 3/14/2013 INDIAN RIVER COUNTY HEALTH DEPT 92.87 295948 3/14/2013 CITY OF VERO BEACH 29,315.50 295949 3/14/2013 CITY OF VERO BEACH 293.76 295950 3/14/2013 RUBBER STAMP EXPRESS&MORE INC 43.46 295951 3/14/2013 BEST WESTERN 89.99 295952 3/14/2013 LSQ FUNDING GROUP L C 5,190.54 1 11 CHECK NBR CK DATE VENDOR AMOUNT 295953 3/14/2013 INDIAN RIVER ALL FAB INC 208.00 295954 3/14/2013 UNITED PARCEL SERVICE INC 30.86 295955 3/14/2013 EBSCO INDUSTRIES INC 32,454.37 295956 3/14/2013 INDIAN RIVER COUNTY SHERIFF 27,024.42 295957 3/14/2013 NAN MCKAY AND ASSOCIATES INC 224.00 295958 3/14/2013 FLORIDA GOVERNMENT FINANCE 26.00 295959 3/14/2013 B/C B/S OF FL ADM FEE 159.96 295960 3/14/2013 B/C B/S OF FL ADM FEE 9,544.28 295961 3/14/2013 JANITORIAL DEPOT OF AMERICA INC 432.64 295962 3/14/2013 TREASURE COAST HOMELESS SERVICES 43,349.35 295963 3/14/2013 HUMANE SOCIETY 47,175.00 295964 3/14/2013 PUBLIX SUPERMARKETS 70.52 295965 3/14/2013 PUBLIX SUPERMARKETS 73.85 295966 3/14/2013 PUBLIX SUPERMARKETS 90.00 295967 3/14/2013 ROGER CLEVELAND GOLF INC 526.79 295968 3/14/2013 TOTAL TRUCK PARTS INC 674.28 295969 3/14/2013 ACUSHNET COMPANY 634.41 295970 3/14/2013 CULTURAL COUNCIL OF IRC 5,417.49 295971 3/14/2013 DUMONT COMPANY INC 4,050.00 295972 3/14/2013 IRC CHAMBER OF COMMERCE 7,573.29 295973 3/14/2013 FEDERAL EXPRESS 33.90 295974 3/14/2013 FEDERAL EXPRESS 63.87 295975 3/14/2013 HD SUPPLY FACILITIES MAINTENANCE LTD 278.43 295976 3/14/2013 PRIDE ENTERPRISES 2,240.00 295977 3/14/2013 VERO HERITAGE INC 819.46 295978 3/14/2013 CALLAWAY GOLF SALES COMPANY 212.86 295979 3/14/2013 ROSEN CENTRE HOTEL 218.00 295980 3/14/2013 FLORIDA POWER AND LIGHT 2,593.70 295981 3/14/2013 FLORIDA POWER AND LIGHT 1,846.01 295982 3/14/2013 FLORIDA POWER AND LIGHT 905.83 295983 3/14/2013 PUBLIC DEFENDER 4,848.83 295984 3/14/2013 BLUE CROSS&BLUE SHIELD of FLORIDA 1,600.12 295985 3/14/2013 GAIL E FLINN 427.50 295986 3/14/2013 CITY OF FELLSMERE 157.26 295987 3/14/2013 NEW HORIZONS OF THE TREASURE COAST 22,812.83 295988 3/14/2013 KENNY CAMPBELL SENIOR 180.00 295989 3/14/2013 SUNSHINE STATE ONE CALL OF FL INC 776.18 295990 3/14/2013 PROPERTY DAMAGE APPRAISERS 95.00 295991 3/14/2013 GERALD A YOUNG SR 120.00 295992 3/14/2013 GIFFORD COMMUNITY CENTER 4,075.00 295993 3/14/2013 ALAN C KAUFFMANN 40.00 295994 3/14/2013 A M BEST COMPANY INC 166.95 295995 3/14/2013 G K ENVIRONMENTAL INC 2,975.00 295996 3/14/2013 DONALD JONES 129.00 295997 3/14/2013 JOAN CALDWELL 858.00 295998 3/14/2013 COMCAST 67.00 295999 3/14/2013 ADVANCED XEROGRAPHICS IMAGING 16,308.26 296000 3/14/2013 LINDSEY MATHENY 80.00 296001 3/14/2013 TIM GEIB 80.00 296002 3/14/2013 NABORS GIBLIN &NICKERSON PA 3,691.00 296003 3/14/2013 LIONS CLUB OF SEBASTIAN 2,500.00 296004 3/14/2013 DONADIO AND ASSOCIATES ARCHITECTS 4,618.95 296005 3/14/2013 C&C ELECTRIC WORKS INC 738.00 296006 3/14/2013 SIMPLEXGRINNELL LP 411.00 296007 3/14/2013 PROCTOR CONSTRUCTION CO, INC 7,386.61 296008 3/14/2013 ARCADIS U S INC 61,619.40 296009 3/14/2013 RUSSELL PAYNE INC 303.24 296010 3/14/2013 CELICO PARTNERSHIP 1,760.44 296011 3/14/2013 HIMANSHU MEHTA 531.30 296012 3/14/2013 FLORIDA DEPT OF JUVENILE JUSTICE 45,842.31 2 12 CHECK NBR CK DATE VENDOR AMOUNT 296013 3/14/2013 AARON LEVY 15.75 296014 3/14/2013 VAN WAL INC 745.00 296015 3/14/2013 RANDOM HOUSE INC 33.75 296016 3/14/2013 MILLER BEARINGS INC 702.80 296017 3/14/2013 OCLC ONLINE COMPUTER LIBRARY CENTER 376.05 296018 3/14/2013 PAK MAIL CENTER 109.60 296019 3/14/2013 MBV ENGINEERING INC 2,631.00 296020 3/14/2013 CENTRAL PUMP& SUPPLY INC 130.35 296021 3/14/2013 MCMAHON ASSOCIATES INC 2,685.00 296022 3/14/2013 ETR LLC 170.88 296023 3/14/2013 BEACHLAND CLEANING SERVICE 837.00 296024 3/14/2013 GLOVER OIL COMPANY INC 54,923.47 296025 3/14/2013 GARY L EMBREY 60.00 296026 3/14/2013 IVA WOLFE 237.60 296027 3/14/2013 LARRY STEPHEN FAISON 40.00 296028 3/14/2013 EXTREME CONTROL SYSTEMS INC 3,390.00 296029 3/14/2013 JOHN DEERE LANDSCAPE 529.00 296030 3/14/2013 JOSE RIVERA 80.00 296031 3/14/2013 CAROLE J MADIGAN 1,724.00 296032 3/14/2013 1 ST FIRE&SECURITY INC 120.50 296033 3/14/2013 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 109.95 296034 3/14/2013 KENNY CAMPBELL JR 120.00 296035 3/14/2013 GARY E FOX 672.00 296036 3/14/2013 PAK MAIL 88.70 296037 3/14/2013 COMMUNICATIONS BROKERS&CONSULTANTS INC 5.60 296038 3/14/2013 BRIAN WYKOFF 60.00 296039 3/14/2013 MUNICIPAL WATER WORKS INC 7,760.16 296040 3/14/2013 GLOBALSTAR USA 95.64 296041 3/14/2013 CHARLES A WALKER 120.00 296042 3/14/2013 DANIEL IOFFREDO 60.00 296043 3/14/2013 SALS INC 162.45 296044 3/14/2013 BENNETT AUTO SUPPLY INC 225.58 296045 3/14/2013 DEBRA STEWART 990.99 296046 3/14/2013 STANDARD LIFE INSURANCE 693.00 296047 3/14/2013 K'S COMMERCIAL CLEANING 800.00 296048 3/14/2013 MARIA SUESZ 12.50 296049 3/14/2013 SEASIDE LANDSCAPES INC 787.50 296050 3/14/2013 SANDYARACENA 120.00 296051 3/14/2013 BRENNTAG MID-SOUTH INC 2,103.17 296052 3/14/2013 DE LA HOZ BUILDERS INC 91,646.00 296053 3/14/2013 GIRARD EQUIPMENT INC 150.00 296054 3/14/2013 ALWAYS ON TIME ENTERPRISES INC 2,509.26 296055 3/14/2013 CORPORATE CARE WORKS 4.95 296056 3/14/2013 CORPORATE CARE WORKS 295.35 296057 3/14/2013 LYON FINANCIAL SERVICES INV 271.70 296058 3/14/2013 CHRIS MATHERLY 12.63 296059 3/14/2013 PREMIUM TITLES SERVICES INC 43.98 296060 3/14/2013 MDT PERSONNEL LLC 2,482.80 296061 3/14/2013 ATLANTIC COASTAL LAND TITLE CO LLC 100.00 296062 3/14/2013 BOULEVARD TIRE CENTER 2,481.94 296063 3/14/2013 DAWN&LEONARD RASH 50.00 296064 3/14/2013 STEVEN A ABBOND 40.00 296065 3/14/2013 JANCY PET BURIAL SERVICE INC 93.50 296066 3/14/2013 MURPHY&WALKER P L 7,614.00 296067 3/14/2013 SAFETY SCHELL CORPORATION 301.75 296068 3/14/2013 DELRAY MOTORS 43.80 296069 3/14/2013 AG SCAPE SERVICES INC 4,989.12 296070 3/14/2013 MARIA RESTO 192.00 296071 3/14/2013 DEPT OF HWY SAFETY&MOTOR VEHICLES 20.00 .� 296072 3/14/2013 AMERICAN SOLUTIONS FOR BUSINESS 24.00 3 13 CHECK NBR CK DATE VENDOR AMOUNT 296073 3/14/2013 FLORIDA ENVIRONMENTAL CONSULTING INC 2,833.34 296074 3/14/2013 RAYMOND J DUCHEMIN 160.00 296075 3/14/2013 SARA L MATHEWS 260.00 296076 3/14/2013 VIDACARE CORPORATION 2,088.99 296077 3/14/2013 KEITH GROCHOLL 60.00 296078 3/14/2013 MANCILS TRACTOR SERVICE INC 26,689.25 296079 3/14/2013 ORLANDO FREIGHTLINER INC 173.66 296080 3/14/2013 WRIGHT EXPRESS FSC 17,526.56 296081 3/14/2013 YP LLC 159.00 296082 3/14/2013 THOMAS FITE 20.00 296083 3/14/2013 MP DISTRIBUTING INC 95.80 296084 3/14/2013 B&E PROPERTY MAINTENANCE 775.00 296085 3/14/2013 BETHANY BURT 210.00 296086 3/14/2013 HIGHMARK STOP LOSS 58.26 296087 3/14/2013 HIGHMARK STOP LOSS 3,476.18 296088 3/14/2013 PAUL JACQUIN&SONS INC 282,573.74 296089 3/14/2013 LINDA GRAHAM 240.00 296090 3/14/2013 LEE DINENBERG 120.00 296091 3/14/2013 AMRON INTERNATIONAL INC 906.97 296092 3/14/2013 SHAWN GINN 40.00 296093 3/14/2013 CHRISTOPHER LEE MERRITT 40.00 296094 3/14/2013 CHAPMAN ELECTRIC SUPPLY INC 768.96 296095 3/14/2013 SANDWELL INC 2,795.00 296096 3/14/2013 REPROGRAPHIC SOLUTIONS INC 8.64 296097 3/14/2013 GLOBAL ELECTRONICS SERVICES INC 817.98 296098 3/14/2013 CECILIA TEACHMAN 2.33 296099 3/14/2013 RITA ANN CURRY 400.00 296100 3/14/2013 TABITHA NEIGHBORS 50.00 296101 3/14/2013 PAM OLLIS 190.00 296102 3/14/2013 EUSEBIO FORLANI 9.55 296103 3/14/2013 G&T LLC 77,525.29 296104 3/14/2013 GEORGE BOUGH 1,188.00 296105 3/14/2013 DONALD BRAUGHTON 297.00 296106 3/14/2013 SUSANN OVERTON 196.00 296107 3/14/2013 UT REFUNDS 31.54 296108 3/14/2013 UT REFUNDS 42.88 296109 3/14/2013 UT REFUNDS 56.18 296110 3/14/2013 UT REFUNDS 19.94 296111 3/14/2013 UT REFUNDS 28.28 296112 3/14/2013 UT REFUNDS 36.52 296113 3/14/2013 UT REFUNDS 123.84 296114 3/14/2013 UT REFUNDS 71.21 296115 3/14/2013 UT REFUNDS 128.52 296116 3/14/2013 UT REFUNDS 99.38 296117 3/14/2013 UT REFUNDS 84.90 296118 3/14/2013 UT REFUNDS 23.29 296119 3/14/2013 UT REFUNDS 24.79 296120 3/14/2013 UT REFUNDS 57.48 296121 3/14/2013 UT REFUNDS 64.44 296122 3/14/2013 UT REFUNDS 78.47 296123 3/14/2013 UT REFUNDS 38.11 296124 3/14/2013 UT REFUNDS 49.98 296125 3/14/2013 UT REFUNDS 35.00 296126 3/14/2013 UT REFUNDS 8.36 296127 3/14/2013 UT REFUNDS 41.77 296128 3/14/2013 UT REFUNDS 28.65 296129 3/14/2013 UT REFUNDS 107.02 296130 3/14/2013 UT REFUNDS 32.88 296131 3/14/2013 UT REUNDS 78.32 296132 3/14/2013 UT REFUNDS 58.91 4 14 CHECK NBR CK DATE VENDOR AMOUNT 296133 3/14/2013 UT REFUNDS 52.00 296134 3/14/2013 UT REFUNDS 75.16 296135 3/14/2013 UT REFUNDS 80.49 296136 3/14/2013 UT REFUNDS 15.67 296137 3/14/2013 UT REFUNDS 43.25 296138 3/14/2013 UT REFUNDS 54.77 296139 3/14/2013 UT REFUNDS 48.24 296140 3/14/2013 UT REFUNDS 2.22 296141 3/14/2013 UT REFUNDS 35.05 296142 3/14/2013 UT REFUNDS 13.21 296143 3/14/2013 UT REFUNDS 13.42 296144 3/14/2013 UT REFUNDS 42.05 296145 3/14/2013 UT REFUNDS 46.30 296146 3/14/2013 UT REFUNDS 8.42 296147 3/14/2013 UT REFUNDS 30.57 296148 3/14/2013 UT REFUNDS 38.63 296149 3/14/2013 UT REFUNDS 1.48 296150 3/14/2013 UT REFUNDS 37.80 296151 3/14/2013 UT REFUNDS 60.48 296152 3/14/2013 UT REFUNDS 10.77 296153 3/14/2013 UT REFUNDS 12.04 296154 3/14/2013 UT REFUNDS 72.42 296155 3/14/2013 UT REFUNDS 24.35 296156 3/14/2013 UT REFUNDS 11.12 296157 3/14/2013 UT REFUNDS 30.38 296158 3/14/2013 UT REFUNDS 73.58 296159 3/14/2013 UT REFUNDS 20.82 296160 3/14/2013 UT REFUNDS 39.72 296161 3/14/2013 UT REFUNDS 70.43 296162 3/14/2013 UT REFUNDS 21.62 296163 3/14/2013 UT REFUNDS 1.58 .... Grand Total: 1,086,186.06 5 15 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 2342 3/7/2013 IRS-PAYROLL TAXES 19,620.40 2343 3/8/2013 LAWYERS ADVANTAGE TITLE 57,203.80 2344 3/8/2013 CDM SMITH INC 25,910.47 2345 3/11/2013 MILB VERO BEACH LLC 4,248.00 2346 3/12/2013 BENEFITS WORKSHOP 7,255.05 Grand Total: 114,237.72 1 16 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1001097 3/11/2013 NORTH SOUTH SUPPLY INC 103.61 1001098 3/11/2013 INDIAN RIVER BATTERY 144.80 1001099 3/11/2013 INDIAN RIVER OXYGEN INC 73.75 1001100 3/11/2013 DAVIDSON TITLES INC 1,380.00 1001101 3/11/2013 MIKES GARAGE&WRECKER SERVICE INC 65.00 1001102 3/11/2013 APPLE INDUSTRIAL SUPPLY CO 208.07 1001103 3/11/2013 MEEKS PLUMBING INC 394.55 1001104 3/11/2013 HILL MANUFACTURING CO INC 816.66 1001105 3/11/2013 ARAMARK UNIFORM&CAREER APPAREL LLC 366.44 1001106 3/11/2013 SOUTHERN COMPUTER WAREHOUSE 309.67 1001107 3/11/2013 APPLE MACHINE& SUPPLY CO 159.30 1001108 3/11/2013 FERGUSON ENTERPRISES INC 1,250.00 1001109 3/11/2013 AUTO PARTNERS LLC 648.30 1001110 3/11/2013 AQUIFER MAINTENANCE&PERFORMANCE 6,450.00 1001111 3/11/2013 L&L DISTRIBUTORS 844.86 1001112 3/11/2013 HYDRA SERVICE(S)INC 39,394.00 1001113 3/12/2013 PRAXAIR DISTRIBUTION SOUTHEAST LLC 26.80 1001114 3/12/2013 SAFETY PRODUCTS INC 397.16 1001115 3/12/2013 INDIAN RIVER BATTERY 132.85 1001116 3/12/2013 INDIAN RIVER OXYGEN INC 76.75 1001117 3/12/2013 REPUBLIC SERVICES OF FLORIDA 42.92 1001118 3/12/2013 AMERICAN CONCRETE INDUSTRIES INC 23,543.00 1001119 3/12/2013 MIKES GARAGE&WRECKER SERVICE INC 50.00 1001120 3/12/2013 ARAMARK UNIFORM&CAREER APPAREL LLC 427.59 1001121 3/12/2013 SOUTHERN COMPUTER WAREHOUSE 317.24 1001122 3/12/2013 APPLE MACHINE&SUPPLY CO 86.58 1001123 3/12/2013 SOUTHERN JANITOR SUPPLY INC 155.16 1001124 3/12/2013 CAPITAL OFFICE PRODUCTS 67.84 1001125 3/12/2013 L&L DISTRIBUTORS 228.40 1001126 3/12/2013 S&S AUTO PARTS 239.60 1001127 3/12/2013 STAT MEDICAL DISPOSAL INC 340.00 1001128 3/12/2013 EAST COAST ANIMAL MEDICAL CENTER 28.00 1001129 3/13/2013 PRAXAIR DISTRIBUTION SOUTHEAST LLC 25.87 1001130 3/13/2013 LIGHTSOURCE IMAGING SOLUTIONS LLC 75.75 1001131 3/13/2013 INDIAN RIVER OXYGEN INC 3,263.50 1001132 3/13/2013 REPUBLIC SERVICES OF FLORIDA 230.76 1001133 3/13/2013 MUMFORD LIBRARY BOOKS INC 5,515.51 1001134 3/13/2013 GALLS AN ARAMARK CO 444.90 1001135 3/13/2013 SCRIPPS TREASURE COAST PUBLISHING LLC 419.89 1001136 3/13/2013 SOUTHERN JANITOR SUPPLY INC 2,382.16 1001137 3/13/2013 OCE'NORTH AMERICA INC 890.64 1001138 3/13/2013 S&S AUTO PARTS 438.25 1001139 3/13/2013 HYDRA SERVICE(S) INC 8,443.17 1001140 3/13/2013 HORIZON DISTRIBUTORS INC 118.20 1001141 3/14/2013 EVERGLADES FARM EQUIPMENT CO INC 41.04 1001142 3/14/2013 PARKS RENTAL&SALES INC 369.75 1001143 3/14/2013 PRAXAIR DISTRIBUTION SOUTHEAST LLC 321.56 1001144 3/14/2013 SSES INC DBA 78.08 1001145 3/14/2013 REPUBLIC SERVICES OF FLORIDA 46.64 1001146 3/14/2013 THE GALE GROUP 568.27 1001147 3/14/2013 ALLIED UNIVERSAL CORP 2,772.55 1001148 3/14/2013 ARAMARK UNIFORM&CAREER APPAREL LLC 219.76 1001149 3/14/2013 SVI SYSTEMS INC 2,194.50 1001150 3/14/2013 COMMUNITY ASPHALT CORP 517.48 1001151 3/14/2013 FERGUSON ENTERPRISES INC 2,909.92 1001152 3/14/2013 SCRIPPS TREASURE COAST PUBLISHING LLC 564.90 r, 1001153 3/14/2013 SHRIEVE CHEMICAL CO 4,211.55 1001154 3/14/2013 CAPITAL OFFICE PRODUCTS 170.13 1 17 TRANS.NBR DATE VENDOR AMOUNT 1001155 3/14/2013 S& S AUTO PARTS 33.76 1001156 3/14/2013 WRIGHT FASTENER COMPANY LLC 232.50 1001157 3/14/2013 AT&T 1,343.12 1001158 3/14/2013 OFFICE DEPOT BSD CUSTOMER SVC 791.32 1001159 3/14/2013 WASTE MANAGEMENT INC 67.19 Grand Total: 118,471.52 w.. w 2 18 �G JEFFREY R. SMITH Clerk of Circuit Court and Comptroller �OR1�4' 1 801 27TH Street Vero Beach, Florida 32961 -1028 Telephone (772) 226-1945 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS DATE: March 21, 2013 SUBJECT: APPROVAL OF WARRANTS March 15, 2013 to March 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 March 15, 2013 to March 21, 2013. Attachment: DB: MS 19 CHECKS WRITTEN CHECK NBR CK DATE VENDOR AMOUNT 296164 3/21/2013 JORDAN MOWER INC 594.69 296165 3/21/2013 RANGER CONSTRUCTION IND INC 268.45 296166 3/21/2013 COPYCO INC DBA 73.22 296167 3/21/2013 VELDE FORD INC 964.07 296168 3/21/2013 AT&T WIRELESS 1,977.70 296169 3/21/2013 DATA FLOW SYSTEMS INC 59,311.75 296170 3/21/2013 SUB AQUATICS INC 2,044.80 296171 3/21/2013 GRAINGER 328.25 296172 3/21/2013 KELLY TRACTOR CO 222.96 296173 3/21/2013 DEMCO INC 180.81 296174 3/21/2013 MCMASTER CARR SUPPLY CO 61.14 296175 3/21/2013 VERO LAWNMOWER CENTER INC 11.00 296176 3/21/2013 HACH CO 1,262.94 296177 3/21/2013 AKZO NOBEL COATINGS INC 165.68 296178 3/21/2013 PETERSON&ASSOCIATES INC 690.00 296179 3/21/2013 KSM ENGINEERING&TESTING INC 210.00 296180 3/21/2013 HD SUPPLY WATERWORKS,LTD 17,757.57 296181 3/21/2013 PETES CONCRETE 800.00 296182 3/21/2013 EGP INC 45.00 296183 3/21/2013 VERO INDUSTRIAL SUPPLY INC 69.04 296184 3/21/2013 EXPRESS REEL GRINDING INC 2,500.00 296185 3/21/2013 TIRESOLES OF BROWARD INC 2,423.02 296186 3/21/2013 BARTH CONSTRUCTION INC 65,486.74 296187 3/21/2013 CARTER ASSOCIATES INC 750.00 296188 3/21/2013 CHILDCARE RESOURCES OF IRC INC 20,299.88 296189 3/21/2013 CHILDCARE RESOURCES OF IRC INC 540.00 296190 3/21/2013 R&G SOD FARMS 240.00 296191 3/21/2013 GOLF SPECIALTIES INC 1,250.00 296192 3/21/2013 GENERAL PART INC 40.73 '�- 296193 3/21/2013 GOODYEAR AUTO SERVICE CENTER 49.00 296194 3/21/2013 BAKER&TAYLOR INC 2,091.56 296195 3/21/2013 GROVE WELDERS INC 77.59 296196 3/21/2013 MIDWEST TAPE LLC 2,165.85 296197 3/21/2013 NORTHERN SAFETY CO INC 249.62 296198 3/21/2013 LOWES CO INC 1,107.22 296199 3/21/2013 MITCHELL TRAINING INC 1,800.00 296200 3/21/2013 MICROMARKETING LLC 29.99 296201 3/21/2013 K&M ELECTRIC SUPPLY 251.70 296202 3/21/2013 PALM TRUCK CENTERS INC 64.81 296203 3/21/2013 PENWORTHY COMPANY 599.78 296204 3/21/2013 SUNSHINE SAFETY COUNCIL INC 884.95 296205 3/21/2013 GRACES LANDING LTD 418.00 296206 3/21/2013 RIVER PARK ASSOCIATES 1,201.00 296207 3/21/2013 CREATIVE CHOICE HOMES XVI LTD 450.00 296208 3/21/2013 PER-SE TECHNOLOGIES INC 30,997.24 296209 3/21/2013 PARKS AND SON INC 5,422.10 296210 3/21/2013 CLERK OF CIRCUIT COURT 3,893.50 296211 3/21/2013 CITY OF VERO BEACH 8,905.17 296212 3/21/2013 RUBBER STAMP EXPRESS&MORE INC 25.80 296213 3/21/2013 SOUTHERN ELECTRIC SUPPLY CO 4,648.32 296214 3/21/2013 INDIAN RIVER ALL FAB INC 4,177.47 296215 3/21/2013 INDIAN RIVER COUNTY SHERIFF 77,744.00 296216 3/21/2013 FLORIDA GOVERNMENT FINANCE 52.00 296217 3/21/2013 JANITORIAL DEPOT OF AMERICA INC 71.60 296218 3/21/2013 TREASURE COAST HOMELESS SERVICES 6,101.14 296219 3/21/2013 ARTHUR J GALLAGHER RISK MGMT SERVICES 3,008.64 296220 3/21/2013 MARRIOTT FT LAUDERDALE NORTH 149.00 296221 3/21/2013 ROGER CLEVELAND GOLF INC 377.52 1 20 CHECK NBR CK DATE VENDOR AMOUNT 296222 3/21/2013 EXCHANGE CLUB CASTLE 3,830.85 296223 3/21/2013 GEOSYNTEC CONSULTANTS INC 12,707.24 296224 3/21/2013 INDIAN RIVER HABITAT 9,357.62 296225 3/21/2013 IRC CHAMBER OF COMMERCE 25,367.70 296226 3/21/2013 WEST PUBLISHING CORPORATION 97.00 296227 3/21/2013 FEDERAL EXPRESS 26.70 296228 3/21/2013 ELIZABETH MARTIN 98.35 296229 3/21/2013 SPRINT SPECTRUM LP 163.73 296230 3/21/2013 TIMOTHY ROSE CONTRACTING INC 67,627.55 296231 3/21/2013 JOHN KING 310.39 296232 3/21/2013 CALLAWAY GOLF SALES COMPANY 466.21 296233 3/21/2013 SUBSTANCE AWARENESS COUNCIL OF IRC INC 13,029.38 296234 3/21/2013 FLORIDA POWER AND LIGHT 80,411.04 296235 3/21/2013 FLORIDA POWER AND LIGHT 24.46 296236 3/21/2013 FLORIDA POWER AND LIGHT 24.62 296237 3/21/2013 FLORIDA POWER AND LIGHT 1,125.20 296238 3/21/2013 MELECH BERMAN 400.00 296239 3/21/2013 TAYLOR MADE GOLF CO INC 466.39 296240 3/21/2013 GIFFORD YOUTH ACTIVITY CENTER INC 9,413.91 296241 3/21/2013 STATE ATTORNEY 1,259.39 296242 3/21/2013 KENNY CAMPBELL SENIOR 200.00 296243 3/21/2013 GLOBAL GOLF SALES INC 642.07 296244 3/'21/2013 COMMUNITY ASPHALT CORP 457,011.86 296245 3/21/2013 LANGUAGE LINE SERVICES INC 312.92 296246 3/21/2013 TOCOMA RUBBER STAMP&MARKING SYSTEM 25.24 296247 3/21/2013 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 300.00 296248 3/21/2013 HOMELESS FAMILY CENTER INC 5,838.59 296249 3/21/2013 SOLID WASTE ASSOC OF NORTH AMERICA 189.00 296250 3/21/2013 FLORIDA ASSOCN OF COUNTY ATTORNEYS 300.00 296251 3/21/2013 INDIAN RIVER FARMS WATER CNTRL DIST 250.00 296252 3/21/2013 COUNTY VETERAN SERVICE OFFICERS 250.00 296253 3/21/2013 KURT STEFFEN 30.00 296254 3/21/2013 ALAN C KAUFFMANN 40.00 296255 3/21/2013 G K ENVIRONMENTAL INC 900.00 296256 3/21/2013 THE FLORIDA BAR 250.00 296257 3/21/2013 RENAISSANCE ORLANDO RESORT 159.00 296258 3/21/2013 MUSCO SPORTS LIGHTING LLC 275,364.00 296259 3/21/2013 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 222.90 296260 3/21/2013 CHILDRENS HOME SOCIETY OF FL 2,250.00 296261 3/21/2013 BLUE CROSS BLUE SHIELD 715.63 296262 3/21/2013 ADVANCED XEROGRAPHICS IMAGING 1,313.18 296263 3/21/2013 LINDSEY MATHENY 100.00 296264 3/21/2013 TIM GEIB 40.00 296265 3/21/2013 BRIDGE DESIGN ASSOCIATES INC 3,440.25 296266 3/21/2013 VERO CLUB PARTNERS LTD 1,418.00 296267 3/21/2013 C&C ELECTRIC WORKS INC 2,684.00 296268 3/21/2013 SCHOOL DISTRICT OF I R COUNTY 200.00 296269 3/21/2013 HOMETOWN NEWS 216.00 296270 3/21/2013 THE PALMS AT VERO BEACH 288.00 296271 3/21/2013 FELLSMERE COMM ENRICHMENT PROGRAM INC 91.00 296272 3/21/2013 BROADCAST MUSIC INC 585.90 296273 3/21/2013 RUSSELL PAYNE INC 453.81 296274 3/21/2013 AM PLAYER INC 770.77 296275 3/21/2013 RACHEL IVEY 419.97 296276 3/21/2013 CONTROL SYSTEMS DESIGN INC 2,500.00 296277 3/21/2013 VAN WAL INC 114.00 296278 3/21/2013 MUTUAL OF OMAHA 6,233.52 296279 3/21/2013 ROBERT KINGSTON 95.94 296280 3/21/2013 CULPEPPER&TERPENING INC 500.00 296281 3/21/2013 COMPLETE CLEANING SERVICE 1,524.75 2 21 CHECK NBR CK DATE VENDOR AMOUNT 296282 3/21/2013 FLORIDA RURAL LEGAL SERVICES INC 25.00 296283 3/21/2013 TREASURE COAST RADIATOR&MARINE INC 392.00 296284 3/21/2013 TCG SONRISE II LLC 300.00 296285 3/21/2013 CENTRAL PUMP& SUPPLY INC 66.75 296286 3/21/2013 DICKERSON FLORIDA INC 429,896.61 296287 3/21/2013 PELICAN ISLES LP 356.00 296288 3/21/2013 GARY L EMBREY 120.00 296289 3/21/2013 LARRY STEPHEN FAISON 40.00 296290 3/21/2013 JOHN DEERE LANDSCAPE 3,828.00 296291 3/21/2013 METRO FIRE PROTECTION SERVICES INC 57.00 296292 3/21/2013 1ST FIRE& SECURITY INC 360.00 296293 3/21/2013 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 88.67 296294 3/21/2013 KENNY CAMPBELL JR 120.00 296295 3/21/2013 PETER OBRYAN 15.59 296296 3/21/2013 PETER FRANK 4,244.59 296297 3/21/2013 HIBU INC 237.00 296298 3/21/2013 TARGET SAFETY.COM INC 24,765.00 296299 3/21/2013 ANDY SOBCZAK 98.79 296300 3/21/2013 MUNICIPAL WATER WORKS INC 105.80 296301 3/21/2013 POWER-TEL UTILITY PRODUCTS INC 305.00 296302 3/21/2013 INDIAN RIVER RDA LP 400.00 296303 3/21/2013 CEMEX 4,875.25 296304 3/21/2013 REDLANDS CHRISTIAN MIGRANT ASSOC 2,127.97 296305 3/21/2013 DANIEL IOFFREDO 60.00 296306 3/21/2013 DR LESLEY S BENYON 27.18 296307 3/21/2013 TERRI COLLINS LISTER 15.59 296308 3/21/2013 BENNETT AUTO SUPPLY INC 133.79 296309 3/21/2013 MARINCO BIOASSAY LABORATORY INC 5,460.00 296310 3/21/2013 K'S COMMERCIAL CLEANING 660.00 296311 3/21/2013 ADETAYO ADELAKUN 34.97 296312 3/21/2013 EQ THE ENVIRONMENTAL QUALITY COMPANY 8,467.23 .... 296313 3/21/2013 SANDYARACENA 120.00 296314 3/21/2013 FLORIDA MEDICAID 446.66 296315 3/21/2013 BRENNTAG MID-SOUTH INC 10,078.30 296316 3/21/2013 WOERNER DEVELOPMENT INC 133.00 296317 3/21/2013 TOP NOTCH MARINE INC 75.00 296318 3/21/2013 MDT PERSONNEL LLC 11,029.11 296319 3/21/2013 RADWELL INTERNATIONAL INC 100.00 296320 3/21/2013 STEVEN A ABBOND 100.00 296321 3/21/2013 WHITE DIRECTORY PUBLISHERS DIV OF HEARST CON 82.00 296322 3/21/2013 FREDRICK SMITH 70.66 296323 3/21/2013 PACE ANALYTICAL SERVICES INC 6,076.80 296324 3/21/2013 AG SCAPE SERVICES INC 6,846.65 296325 3/21/2013 DEPT OF HWY SAFETY&MOTOR VEHICLES 20.00 296326 3/21/2013 GARDNER BIST WIENER ET AL 810.00 296327 3/21/2013 FLORIDA ENVIRONMENTAL CONSULTING INC 2,900.00 296328 3/21/2013 RAYMOND J DUCHEMIN 60.00 296329 3/21/2013 NATIONAL CINEMEDIA LLC 550.00 296330 3/21/2013 KEITH GROCHOLL 100.00 296331 3/21/2013 MANCILS TRACTOR SERVICE INC 259,713.61 296332 3/21/2013 RAYMOND DONOVAN 329.00 296333 3/21/2013 BORRELLI&PARTNERS INC 3,980.25 296334 3/21/2013 PRESSURE WORLD INC 1,099.00 296335 3/21/2013 GFA INTERNATIONAL INC 195.00 296336 3/21/2013 HAYES E GOVERNMENT RESOURCES INC 40.00 296337 3/21/2013 NEWSOM OIL COMPANY 733.08 296338 3/21/2013 WILD TURKEY ESTATES OF VERO LLC 610.40 296339 3/21/2013 REHMANN GROUP LLC 1,500.00 296340 3/21/2013 HICKS&SCHREIBER PA 103,126.00 296341 3/21/2013 GEMINI COMPUTERS INC 1,074.95 3 22 CHECK NBR CK DATE VENDOR AMOUNT 296342 3/21/2013 INDUSCO ENVIRONMENTAL INC 1,600.44 296343 3/21/2013 SHAWN GINN 40.00 296344 3/21/2013 CHRISTOPHER LEE MERRITT 60.00 296345 3/21/2013 CITY OF TUCSON 972.56 296346 3/21/2013 WESTMARK CONSTRUCTION CO 118.72 296347 3/21/2013 ANTOLET LLOYD 5.92 296348 3/21/2013 ARTHUR LARRIVEE 22.87 296349 3/21/2013 ELIZABETH BALZER 898.00 296350 3/21/2013 FLORIDA HOSPITAL KISSIMMEE 7,697.36 296351 3/21/2013 RUTH HALL 73.06 296352 3/21/2013 LEE KEECH 428.80 296353 3/21/2013 DOROTHY KINSHAW 433.60 296354 3/21/2013 WALTER KROLMAN 75.86 296355 3/21/2013 VIRGINIA LOEHR 92.43 296356 3/21/2013 MAY MARTIN 86.80 296357 3/21/2013 LAUREN ARNOLD 101.91 296358 3/21/2013 IRENE NASSOR 91.30 296359 3/21/2013 JAMES NUGENT 90.51 296360 3/21/2013 CAROL WILKLOW 42.53 296361 3/21/2013 FLORIDA CAM COURSES 250.00 296362 3/21/2013 UT REFUNDS 49.70 296363 3/21/2013 UT REFUNDS 75.16 296364 3/21/2013 UT REFUNDS 51.21 296365 3/21/2013 UT REFUNDS 35.18 296366 3/21/2013 UT REFUNDS 48.28 296367 3/21/2013 UT REFUNDS 90.16 296368 3/21/2013 UT REFUNDS 51.43 296369 3/21/2013 UT REFUNDS 42.50 296370 3/21/2013 UT REFUNDS 7.32 296371 3/21/2013 UT REFUNDS 80.78 296372 3/21/2013 UT REFUNDS 39.99 296373 3/21/2013 UT REFUNDS 22.79 296374 3/21/2013 UT REFUNDS 61.54 296375 3/21/2013 UT REFUNDS 21.13 296376 3/21/2013 UT REFUNDS 34.26 296377 3/21/2013 UT REFUNDS 49.15 296378 3/21/2013 UT REFUNDS 72.96 296379 3/21/2013 UT REFUNDS 21.81 296380 3/21/2013 UT REFUNDS 40.26 296381 3/21/2013 UT REFUNDS 47.66 296382 3/21/2013 UT REFUNDS 65.05 296383 3/21/2013 UT REFUNDS 205.99 296384 3/21/2013 UT REFUNDS 5.46 296385 3/21/2013 UT REFUNDS 75.78 296386 3/21/2013 UT REFUNDS 27.24 296387 3/21/2013 UT REFUNDS 14.58 296388 3/21/2013 UT REFUNDS 50.32 296389 3/21/2013 UT REFUNDS 42.21 296390 3/21/2013 UT REFUNDS 31.40 296391 3/21/2013 UT REFUNDS 40.85 296392 3/21/2013 UT REFUNDS 44.61 296393 3/21/2013 UT REFUNDS 68.81 296394 3/21/2013 UT REFUNDS 7.89 296395 3/21/2013 UT REFUNDS 46.22 296396 3/21/2013 UT REFUNDS 77.80 296397 3/21/2013 UT REFUNDS 18.46 296398 3/21/2013 UT REFUNDS 36.46 296399 3/21/2013 UT REFUNDS 107.28 296400 3/21/2013 UT REFUNDS 75.41 296401 3/21/2013 UT REFUNDS 23.74 4 23 CHECK NBR CK DATE VENDOR AMOUNT 296402 3/21/2013 1 REFUNDS 41.27 296403 3/21/2013 UT REFUNDS 29.48 296404 3/21/2013 UT REFUNDS 23.88 296405 3/21/2013 UT REFUNDS 330.05 296406 3/21/2013 UT REFUNDS 29.57 296407 3/21/2013 UT REFUNDS 20.39 296408 3/21/2013 UT REFUNDS 58.29 296409 3/21/2013 UT REFUNDS 24.65 296410 3/21/2013 UT REFUNDS 40.11 296411 3/21/2013 UT REFUNDS 14.12 296412 3/21/2013 UT REFUNDS 40.70 296413 3/21/2013 UT REFUNDS 59.00 296414 3/21/2013 UT REFUNDS 50.52 296415 3/21/2013 UT REFUNDS 72.01 296416 3/21/2013 UT REFUNDS 34.93 296417 3/21/2013 UT REFUNDS 24.06 296418 3/21/2013 UT REFUNDS 40.82 296419 3/21/2013 UT REFUNDS 49.89 296420 3/21/2013 UT REFUNDS 37.25 296421 3/21/2013 UT REFUNDS 15.85 296422 3/21/2013 UT REFUNDS 49.86 296423 3/21/2013 UT REFUNDS 23.82 296424 3/21/`2013 UT REFUNDS 29.75 296425 3/21/2013 UT REFUNDS 16.31 296426 3/21/2013 UT REFUNDS 23.14 296427 3/21/2013 UT REFUNDS 32.59 296428 3/21/2013 UT REFUNDS 85.42 296429 3/21/2013 UT REFUNDS 39.95 296430 3/21/2013 UT REFUNDS 38.64 296431 3/21/2013 UT REFUNDS 31.16 296432 3/21/2013 UT REFUNDS 26.22 296433 3/21/2013 UT REFUNDS 51.50 296434 3/21/2013 UT REFUNDS 99.21 296435 3/21/2013 UT REFUNDS 182.18 296436 3/21/2013 UT REFUNDS 9.04 296437 3/21/2013 UT REFUNDS 323.56 296438 3/21/2013 UT REFUNDS 64.08 296439 3/21/2013 PAUL CARONE 2,594.00 296440 3/21/2013 LINDSEY GARDENS APARTMENTS 747.00 296441 3/21/2013 CREATIVE CHOICE HOMES XVI LTD 554.00 296442 3/21/2013 PINNACLE GROVE LTD 1,168.00 296443 3/21/2013 VERO CLUB PARTNERS LTD 2,064.00 296444 3/21/2013 DAVID SPARKS 616.00 296445 3/21/2013 ED SCHLITT LC 493.00 296446 3/21/2013 JOHN COLONTRELLE 542.00 296447 3/21/2013 ARTHUR PRUETT 475.00 296448 3/21/2013 PELICAN ISLES LP 274.00 296449 3/21/2013 JOHN F BAER 32,726.30 296450 3/21/2013 HFB OF FLORIDA LLC 570.00 296451 3/21/2013 EARRING POINT PROPERTIES 436.00 296452 3/21/2013 STEVEN F BERNYK 1,494.00 296453 3/21/2013 MARK KNOWLES 507.00 296454 3/21/2013 VIRGINIA PINES 438.00 296455 3/21/2013 PAULA WHIDDON 553.00 296456 3/21/2013 GATOR INVESTMENTS 584.00 296457 3/21/2013 JAMES W DAVIS 297.00 296458 3/21/2013 NITA EZELL 500.00 296459 3/21/2013 MISS INC OF THE TREASUE COAST 738.00 296460 3/21/2013 SOUTHERN ASSOCIATES LLC 647.00 296461 3/21/2013 CRAIG LOPES 332.00 5 24 CHECK NBR CK DATE VENDOR AMOUNT 296462 3/21/2013 INDIAN RUN LIMITED PARTNERSHIP 710.00 296463 3/21/2013 MADISON VINES APARTMENTS LLC 563.00 296464 3/21/2013 FREDDA LOZADO 604.00 296465 3/21/2013 MTD4 PELED LLC 444.00 296466 3/21/2013 FIVE STAR PROPERTY HOLDING LLC 800.00 296467 3/21/2013 WILLIAM LEE 454.00 Grand Total: 2,301,994.36 6 25 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 2347 3/14/2013 I R C HEALTH INSURANCE-TRUST 45,710.32 2348 3/14/2013 VEROTOWN LLC 4,751.75 2349 3/15/2013 FL SDU 7,776.92 2350 3/15/2013 ICMA RET CORP 1,635.00 2351 3/15/2013 ICMA RETIREMENT CORPORATION 11,744.36 2352 3/15/2013 FLORIDA LEAGUE OF CITIES,INC 5,826.75 2353 3/15/2013 NACO/SOUTHEAST 21,528.47 2354 3/15/2013 NATIONWIDE SOLUTIONS RETIREMENT 175.83 2355 3/15/2013 VETERANS COUNCIL OF I R C 6,008.56 2356 3/18/2013 BANK OF AMERICA 28,762.28 2357 3/18/2013 SENIOR RESOURCE ASSOCIATION 121,600.00 2358 3/18/2013 IRS-PAYROLL TAXES 349,833.43 2359 3/19/2013 SCHOOL DISTRICT OF I R COUNTY 82,532.00 Grand Total: 687,885.67 1 26 ELECTRONIC PAYMENT - VISA CARD TRANS.NBR DATE VENDOR AMOUNT 1001160 3/18/2013 REPUBLIC SERVICES OF FLORIDA 419.79 1001161 3/18/2013 DAVIDSON TITLES INC 2,144.95 1001162 3/18/2013 ABCO GARAGE DOOR CO INC 172.75 1001163 3/18/2013 ARAMARK UNIFORM&CAREER APPAREL LLC 114.22 1001164 3/18/2013 CAPITAL OFFICE PRODUCTS 315.99 1001165 3/19/2013 EVERGLADES FARM EQUIPMENT CO INC 305.32 1001166 3/19/2013 PRAXAIR DISTRIBUTION SOUTHEAST LLC 39.53 1001167 3/19/2013 SSES INC DBA 982.66 1001168 3/19/2013 NORTH SOUTH SUPPLY INC 37.84 1001169 3/19/2013 RING POWER CORPORATION 420.00 1001170 3/19/2013 REPUBLIC SERVICES OF FLORIDA 212.00 1001171 3/19/2013 ARAMARK UNIFORM&CAREER APPAREL LLC 326.92 1001172 3/19/2013 SVI SYSTEMS INC 40.00 1001173 3/19/2013 DEERE&COMPANY 39.79 1001174 3/19/2013 COMMUNITY ASPHALT CORP 409.36 1001175 3/19/2013 SCRIPPS TREASURE COAST PUBLISHING LLC 312.27 1001176 3/19/2013 SHRIEVE CHEMICAL CO 3,836.55 1001177 3/19/2013 FLAGLER CONSTRUCTION EQUIPMENT LLC 222.12 1001178 3/19/2013 SOUTHERN JANITOR SUPPLY INC 1,223.88 1001179 3/19/2013 CAPITAL OFFICE PRODUCTS 69.12 1001180 3/19/2013 S& S AUTO PARTS 471.60 1001181 3/19/2013 STAT MEDICAL DISPOSAL INC 65.00 1001182 3/19/2013 SAFETY ZONE SPECIALISTS INC 4,147.20 1001183 3/20/2013 AT&T 16,967.50 1001184 3/20/2013 OFFICE DEPOT BSD CUSTOMER SVC 839.38 1001185 3/20/2013 WHEELABRATOR RIDGE ENERGY INC 7,308.70 1001186 3/20/2013 DAVIDSON TITLES INC 840.50 1001187 3/20/2013 DAVES SPORTING GOODS&TROPHIES 3,216.30 1001188 3/20/2013 APPLE INDUSTRIAL SUPPLY CO 213.12 1001189 3/20/2013 ALLIED UNIVERSAL CORP 5,671.60 1001190 3/20/2013 ARAMARK UNIFORM&CAREER APPAREL LLC 180.75 1001191 3/20/2013 FERGUSON ENTERPRISES INC 3,987.16 1001192 3/20/2013 RECHTIEN INTERNATIONAL TRUCKS 858.16 1001193 3/20/2013 FLUID CONTROL SPECIALTIES INC 1,400.16 1001194 3/21/2013 LIGHTSOURCE IMAGING SOLUTIONS LLC 332.00 1001195 3/21/2013 INDIAN RIVER OXYGEN INC 265.20 1001196 3/21/2013 REPUBLIC SERVICES OF FLORIDA 164.93 1001197 3/21/2013 ARAMARK UNIFORM&CAREER APPAREL LLC 400.64 1001198 3/21/2013 SOUTHERN COMPUTER WAREHOUSE 88.04 1001199 3/21/2013 COMMUNITY ASPHALT CORP 3,275.00 1001200 3/21/2013 FERGUSON ENTERPRISES INC 17,420.43 1001201 3/21/2013 MIDWEST MOTOR SUPPLY CO 305.00 1001202 3/21/2013 HARRIS SANITATION INC 77,893.91 Grand Total: 157,957.34 1 27 CONSENT AGENDA APRIL 2, 2013 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: March 20, 2013 SUBJECT: Out of County Travel to attend the 2013 Florida Association of Counties Annual Conference and Educational Exposition FROM: Terri Collins-Lister, Commissioner Assistant Out of county travel is requested for commissioners and staff to attend the 2013 Florida Association of Counties Annual Conference and Educational Exposition in Tampa, Florida on June 25 through June 28, 2013. Attachment 28 A". FAC 2013 Annual Conference & FLORIDA Educational Exposition ASS00ATIONOF Marriott Tampa Waterside (Hillsborough County) COUNTIES June 25- 28, 2013 All About Florida Preliminary Agenda TUESDAY,JUNE 25 1:00 pm. —6:00 p.m. Pre-Conference Workshop 1:00 p.m. —6:30 p.m. Exhibitor Registration &Move-In 3:00 p.m. —6:30 p.m. Attendee Registration 5:00 p.m. —6:30 p.m. Executive Committee Meeting 7:00 p.m. —9:00 p.m. FAC Bowling Event WEDNESDAY, JUNE 26 7:45 a.m. —9:00 a.m. Continental Breakfast 7:45 a.m. —5:00 p.m. Registration Desk & Exhibit Hall Open 8:15 a.m. —9:45 a.m. Workshop 8:30 a.m.—9:30 a.m. FCF Board of Directors Meeting 9:00 a.m. —12:00 p.m. County Attorneys (FACA) CLE Program 10:00 a.m.— 12:00 p.m. FAC Board of Directors Meeting 10:00 a.m. —11:30 a.m. Workshop 12:00 p.m. — 1:30 p.m. Awards Luncheon &CCC/ACC Graduation 12:30 p.m. —5:00 p.m. County Attorneys (FACA) CLE Program 2:00 p.m.—3:30 p.m. Opening Session 3:45 p.m.—5:00 p.m. Enterprise Committee 4:00 p.m.—5:30 p.m. Workshop 6:00 p.m.—7:30 p.m. Welcome Cocktail Party in Exhibit Hall THURSDAY,JUNE 27 8:00 a.m.—9:00 a.m. Continental Breakfast 8:00 a.m.—4:00 p.m. Registration Desk Open 8:00 a.m. —11:00 a.m. Exhibit Hall Open 8:00 a.m. —5:00 p.m. County Attorneys(FACA)CLE Program 8:15 a.m. —9:45 a.m. Workshop 10:00 a.m. —11:45 a.m. Workshop 12:00 p.m.— 1:30 p.m. FAC Installation Luncheon 2:00 p.m.—3:30 p.m. Workshop 2:00 p.m.—3:30 p.m. Workshop 2:00 p.m.—4:00 p.m. ACC Alumni Program 4:00 p.m.—5:30 p.m. FAC Annual Business Meeting 5:30 p.m.—7:00 p.m. President's Reception FRIDAY, JUNE 28 8:30 a.m. — 10:00 a.m. Closing Session Breakfast 29 Office of the INDIAN RIVER COUNTY *�tOR1�Q' ADMINISTRATOR Joseph A. Baird, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Joseph A. Baird County Administrator DATE: March 25, 2013 SUBJECT: Authorization to Attend Florida Government Finance Officers Association Annual Conference ti.. The County Administrator is requesting authorization to attend the 2013 FGFOA Annual Conference June 22 - 26, 2013, in Boca Raton, Florida. Funding for this conference was included in the budget and approved in account 00120112. APPROVED AGENDA ITEM Indian River Co Approved Date Y n Administrator BY: , FO _April 2, 2013 30 fir' a t r 12 MT Oil 4 t w" f > T R d ` art" ' �r '• : ; a, 6. fiat coo ton-Itesa r 3 s 1 5 r �3e S esu 0.%M 8 _ — � -ijY .e 'Etl�Mj§ 1 i y: t ,e t� a� r — 2013 FGFOA Annual Conference Registration Form Return completed form with registration fees to: FGFOA Annual Conference, P.O. Box 1757,Tallahassee, FL 32302.Make checks .)ayable to FGFOA Ann za1 Confer ice. Please type or print information requested. Complete a separate form for each registrant. Advance registration will not be processed without payment. MasterCard and Visa credit cards are accepted and can be faxed to(850) 222-3806.This form is for conference registration only and not for hotel reservations. Online registration also is available at www. fgfoa.org..Pka3e d,D nci send in t1115 form if you are reJisx rir_g orlinL, Please type or print clearly. Full Name: First Name or Nickname: (As you wish it to appear on your badge) Title: Affiliation: (City, County or Company,etc.) Mailing Address: City: State: Zip: Work Phone: E-mail Address: First-Time Attendee?: ❑ Yes ❑ No Office Contact Person: Phone: Method of Payment: ❑ Check(payable to FGFOA) ❑ Visa ❑ MasterCard Credit Card Number: Expiration Date: Card Holder's Name: Card Holder's Signature: Billing Address for Credit Card(fdiferentfrom above): City: State: Zip: PAYMENT AND CLASS ROSTER (REVERSE SIDE) MUST ACCOMPANY EACH REGISTRATION Early Fee Late Fee Fee Paid By 05/23/2013 After 05/23/2013 Special Needs:If you are Registration Type (Please check only one) physically challenged and FGFOA Active Member $ 225.00 $ 265.00 require special services, or if you have special dietary FGFOA Associate Member $ 285.00 $ 325.00 needs,please attach a FGFOA Non-Member $ 345.00 $ 385.00 written description to your Ethics Seminar $ 55.00 $ 65.00 advance registration form. Pre-Conference Seminar Cancellations:Must be FGFOA Active Member $ 90.00 $ 130.00 received and confirmed FGFOA Associate Member $ 130.00 $ 170.00 in writing by 5:00 p.m., FGFOA Non-Member $ 165.00 $ 205.00 Friday,May 31,2013, to entitle registrant to Other Fees and Guest Tickets a refund of registration Guest Association Night Tickets $ 30.00 $ 40.00 fees, less a$40.00 Guest Tuesday Night Event Ticket $ 50.00 $ 60.00 administrative fee. Teen Tuesday Night Event Ticket(13-18) $ 25.00 $ 35.00 Child Tuesday Night Event Ticket(3-12) $ 25.00 $ 35.00 Office Use Only Golf Tournament* $ 90.00 $ 90.00 Payment Received (*You must be pre-registered in order to play in the Golf Tournament.) Check# Pairing Preference: Date Received Total Amount Due: Amount 21 32 VEP C O� INDIAN RIVER COUNTY �-- PUBLIC WORKS DEPARTMENT STORMWATER DIVISION 180127th STREET OR�p' VERO BEACH,FLORIDA 32960 Phone: (772) 226-1562 TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director FROM: W. Keith McCully, P.E., Stormwater Engineer W44 SUBJECT: FINAL PAYMENT, APPROVAL OF CHANGE ORDER NO. 1, AND RELEASE OF RETAINAGE TO CLOSE CONSTRUCTION, LLC FOR MODIFICATIONS TO EGRET MARSH STORMWATER PARK FLOWAY DATE: March 13, 2013 DESCRIPTION AND CONDITIONS On October 16, 2012, Indian River County approved a construction contract with Close Construction, LLC to perform floway surface modifications to the algal turf scrubber at Egret Marsh Stormwater Park (Egret Marsh). One of the County's two regional stormwater and canal water pollution reduction facilities, Egret Marsh grows periphytic algae that removes dissolved nitrogen and phosphorus from approximately 10 million gallons of Indian River Farms Water Control District canal water per day before it is discharged into the Indian River Lagoon. The construction contract included removing Egret Marsh's original floway surface, which consisted of a high density polyethylene (HDPE) liner overlaid with a polyethylene grid. The floway modification was required because of significant grid failures that rendered the floway ineffective. Biogas accumulation below the HDPE liner along with many rips in the liner also created major operational problems, and the liner was also removed. Under the construction contract, the original floway was replaced with a new concrete floway that should require minimal maintenance for many years. Other contract work included construction of additional concrete work pads and other enhancements that will increase operational efficiency at the facility. The original contract price was $1,288,482 and project completion was set for March 2, 2013. During the course of work, several modifications to the original design were implemented as a result of the excellent compaction characteristics of the in situ floway F:\Public Works\KeithM\Stonnwater Projects\Egret Marsh Operation\Concrete Surface ModificationWgenda ItemsWgenda- Consent-Final Payment and Release of Retainage to Close.doc 33 Page 2 Egret Marsh Stormwater Park BCC Meeting —April 2, 2013— CONSENT March 13, 2013 subgrade. Other modifications were made to further enhance the design and to improve operation and maintenance activities at the facility. These modifications are summarized in Change Order No. 1, attached. Change Order No. 1 reduces the contract price by ($2,012.41) resulting in a final contract price of$1,286,469.59. All construction work is complete and approved by staff. Therefore, we request issuance of final payment to Close Construction, LLC, including release of retainage, and approval of Change Order No. 1 which reduces the contract amount by ($2,012.41). Flow from the Indian River Farms Water Control District Lateral D Canal was introduced to the new floway on February 5, 2013. Egret Marsh has been fully operational since. ANALYSIS Alternative No. 1 —Approve final payment to Close Construction, LLC, including release of retainage, and approve Change Order No. 1. The original contract amount is reduced by ($2,012.41) resulting in a final contract amount of$1,286,469.59. Alternative No. 2 — Reject final payment to Close Construction, LLC, including release of retainage, and do not approve Change Order No. 1. FUNDING Change Order No. 1 decreases the original contract amount by ($2,012.41) resulting in a final contract amount of $1,286,469.59. Final payment to Close Construction is $147,957.29, which includes $59,921.70 in retainage. The retainage will be paid from Optional Sales Tax/Retainage Payable — Close Construction - Account Number 315- 206004-05057. The remaining $88,035.59 in non-retainage construction contract funds will be paid from Account No. 31524338-066510-05057- Optional Sales Tax/Public Works/Egret Marsh Stormwater. (For FY 2012/13, $1,500,000 has been budgeted for the project.) RECOMMENDATION Staff recommends the Board of County Commissioners: 1. Approve Alternative No. 1, final payment to Close Construction, LLC, including release of retainage, approve Change Order No. 1, and authorize the Chairman to execute all documents necessary to accomplish the recommendation. ATTACHMENTS 1. Final Payment Request from Close Construction, LLC. 2. Change Order No. 1 to the Construction Contract with Close Construction, LLC. (one copy signed by Close Construction, LLC) F:\Public Works\KeithM\Stormwater Projects\Egret Marsh Operation\Concrete Surface Modification\Agenda Items\Agenda- A Consent-Final Payment and Release of Retainage to Close.doc 4 Page 3 Egret Marsh Stormwater Park BCC Meeting —April 2, 2013 —CONSENT March 13, 2013 DISTRIBUTION 1. Christopher R. Mora, P.E., Public Works Director 2. Budget 3. County Attorney Office APPROVED AGENDA ITEM FOR: April 2, 1013 Indian River County Approved Date 3 Administrator l� ;J BY: 31� I3 Budget Legal 316f �tilittes� Public Works 3—(9—(5 Stormwater Engineering 3-/3-253 FAPublic Works\KeithM\Stormwater Projects\Egret Marsh Ope ratio n\Concrete Surface Modification\Agenda Items\Agenda- Consent-Final Payment and Release of Retainage to Close.doc 35 SECTION 00622 - CONTRACTOR'S APPLICATION FOR PAYMENT MODIFICATIONS TO THE EGRET MARSH STORMWATER PARK FLOWAY Application for Payment No. Final For Work Accomplished through the period of 1.31.2013 through 2.8.2013 To: Indian River County(OWNER) From: Close Construction, LLC (CONTRACTOR) Owner's Contract No. 0435A ENGINEER: Indian River County Public Works Department, Stormwater Division 1. Original Contract Price: $ 1,288,482.00 2. Net change by Change Orders and Written Amendments (+ or 2.a Change Order No. 1 ($_(2,012.41) ) 2.b Change Order No. 2 ($ ) 2.c Change Order No. 3 ($ ) 2.d Change Order No. 4 ($ ) 2.e Total change in Contract Price (2.a + 2.b + ... 2.n) ($ ) 3. Current Contract Price (1 plus 2e): $ 1,286,469.59 4. Total Work to date: 4.a Percentage of Work completed to date: 100 % 4.b Total Work completed to date: $ 1,286,469.59 5. Retainage (per Agreement): 5.a 0% of completed Work (0.0 x 4.b): $ $ 0.00 6. Total Work completed and stored to date less retainage $1,286,469.59 (4.b minus 5.a): 7. Previous Payments: $ 1,138,512.IWW �4 8. AMOUNT DUE THIS APPLICATION (6 minus 7): $147,957.5Q [The remainder of this page has been left blank intentionally] Last Revised 2-16-2012 Application for Payment Final 00622-1 3 6 L:\Close Projects-Current\586-Egret Marsh\Pay Applications\Final Pay AppWpplication for Payment Final.doc Rev.05/01 CONTRACTOR'S CERTIFICATION: UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that all previous progress payments received on account of the Work have been applied on account to discharge CONTRACTOR's specific legitimate obligations associated with prior Applications for Payment. This certification includes, but is not limited to the following statements of fact: (1) the labor and materials listed on this request for payment have been used in the construction of this Work; (2) payment received from the last pay request has been used to make payments to all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, below; (3) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (4) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective; and (5) If this Periodic Estimate is for a Final Payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full, and that all taxes imposed by Chapter 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and discharged, and that I have no claims against OWNER. Attached to or submitted with this form are: 1. Signed release of lien forms (partial or final as applicable) from all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, together with an explanation as to why any release of lien form is not included; 2. Progress Record Drawings per Specification Sections 01330 and 01720. ,NOW Under oath, I swear that the foregoing statements are true. Dated: By: (CONTRACT —must be signed by an Officer of the Corporation) Print Name and Title STATE OF FLORIDA- COUNTY OF hJe Before me, Notary Public, duly commissioned, qualified, and acting, personally appeared 1 i1R tOMQ , who being by me first duly sworn upon oath, says that he/she is the of the CONTRACTOR mentioned above and that he/she has been duly authorized to act on behalf of it, and that -Wshe executed the above Contractor's Application for Payment and Contractor's Certification statement on behalf of said CONTRACTOR; and that all of the statements contained herein are true, correct, and complete. Subscribed and sworn to before me this _A_a day of �'-2C\�� , 20_L/2,. ,1A ispersonally known to me or has produced as IdentifiIcaaII A._6 I UNE _ NOTARY PUBLIC NOTARY PUBLIC: & STATE OF FLORIDA � Comm#DD965486 (SE AL �,yExpires 2/24/2014 Printed name: Commission No.: Commission Expiration: Last Revised 2-16-2012 Application for Payment Final 00622-2 3 7 L:\Close Projects-Current\586-Egret Marsh\Pay Applications\Final Pay AppWpplication for Payment Final.doc Rev.05/01 CERTIFICATION OF ENGINEER: To the best of my knowledge and belief: the Work has progressed to the point indicated on this Application for Payment; the quality of the Work is generally in compliance with the Contract Documents; and the conditions precedent to the CONTRACTOR being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's ability to observe the Work. I am not certifying as to whether or not the Contractor has paid all subcontractors, laborers, materialmen, and suppliers because I am not in a position to accurately determine that issue. Dated 3-f3 2-0t3 GNATURE [The Remainder of This Page Was Left Blank Intentionally] Na— Last Revised 2-16-2012 Application for Payment Final 00622-4 n 8 L:\Close Projects-Current\586-Egret Marsh\Pay Applications\Final Pay AppW3 pplication for Payment Final.doc Rev.05101 ATTACHMENT A 1. Last of all subcontractors, laborers, materialmen, and suppliers who have not been paid from the payment received from the last Pay Request and the reason why they were not paid (attach additional pages as necessary): k)c�Q. 2. List of all subcontractors, laborers, materialmen, and suppliers for which a signed release of lien form (partial or final as applicable) is not included with this Pay Request, together with an explanation as to why the release of lien form is not included (attach additional pages as necessary): Last Revised 2-16-2012 Application for Payment Final 00622-5 LAClose Projects-Current\586-Egret Marsh\Pay Applications\Fnal Pay App\Application for Payment Final.doc Rev.05101 39 i Modifications to the Elzret Marsh Stormwater Park Floway =Manual input Close Construction,LLC BLUE=Automatically Calculated PAY RE UM NO._3_ Cumulative Cumulative($) Retainage Amount($) Amount($) Retainage Cumulative New Total Amount Now % Total($) (S) From Previous This Invoice Balance($)to ($) Item Description Quantity Unit Unit Price Amount($) Quantities From Quantities Quantities Invoiced Complete Retainage Released Previous Invoices This Invoice (G+H) Invoices Including Including Finish(F-L) (UF) (L-0.10) Previously This Including Retainage Retainage(J+K) Released Invoice 1.0 GENERAL ITEMS 0.00 0 0.00 0.00 0.00 0.00 0.0 0.00 1.01 Mobilization/Demobilization 1 LS $60,000.00 60,000.00 0.5 0.50 1 30,000.00 30,000.00 60,000.00 0.00 100.0 0.00 1.02 Project Record Documents 1 LS $3,500.00 3,500.00 1 1 0.00 3,500.00 3,500.00 0.00 100.0 0.00 1.03 Public Construction Bond 1 LS $15,000.00 15,000.00 0.25 0.75 1 3,750.00 11,250.00 15,000.00 0.00 100.0 0.00 1.04 SurveyWork 1 LS $4,500.00 4,500.00 0.50 0.50 1 2,250.00 2,250.00 4,500.00 0.00 100.0 0.00 1.05 INSURANCE COVERAGE 0.00 0 0.00 0.00 0.00 0.00 0.0 0.00 1.05A General Liability 1 LS $1,100.00 1,100.00 1 1 0.00 1,100.00 1,100.00 0.00 100.0 0.00 1.056 Automobile LiabilityInsurance 1 LS $1,100.00 1,100.00 1 1 0.00 1,100.00 1,100.00 0.00 100.0 0.00 1.05C Excess Liability Insurance 1 LS $1,100.00 1,100.00 1 1 0.00 1,100.00 1,100.00 0.00 100.0 0.00 1.05D Workers Compensation and Employers'Liability Insurance 1 LS $1,100.00 1,100.00 1 1 0.00 1,100.00 1,100.00 0.00 100.0 0.00 1.05E Builders'Risk"All Risk"Insurance 1 LS $1,100.00 1,100.00 1 1 1 0.00 1,100.00 1,100.00 0.00 100.0 0.00 2.00 SITE WORK 0.00 0 0.00 0.001 0.00 0.00 0.0 0.00 2.01 Remove and dispose existing grid material 1 LS $3,200.00 3,200.00 1.00 1 3,200.00 0.001 3,200.00 0.00 100.0 0.00 2.02 Remove and dispose existing geomembrane material 1 LS $4,800.00 4,800.00 1.00 1 4,800.00 0.00 4,800.00 0.00 100.0 0.00 2.03 All testing in accordance with section 01410 1 LS $8,450.00 8,450.00 0.9 0.10 1 7,605.00 845.00 8,450.00 0.00 100.0 0.00 2.04 Biogas venting system 8 EA $24,000.00 192,000.00 0.99 0.01 1 190,080.00 1,920.00 192,000.00 0.00 100.0 0.00 2.05 Extend existing concrete access driveway to new concrete surface 1 LS $2,800.00 2,800.00 1 0 1 2,800.00 0.00 2,800.00 0.00 100.0 0.00 2.06 Grading for concrete floway 1 LS $26,500.00 26,500.00 1.00 0.00 1 26,500.00 0.00 26,500.00 0.00 100.0 0.00 2.07 12"thick floway stabilized subgrade using existing material 22,297 SY $2.00 44,594.00 1.00 0.00 1 43,594.00 0.00 44,594.00 0.00 100.0 0.00 2.08 1 Concrete floway 22,233 SY $39.00 867,087.00 1.00 0.00 1 867,087.00 0.00 867,087.00 0.00 100.0 0.00 2.09 Reshape and final grade eastern and western floway berms 1 LS $5,800.00 5,800.00 1.00 0.00 1 5,800.00 0.00 5,800.00 0.00 100.0 0.00 2.10 Concrete Work Slab No.1 88.9 SY $40.00 3,556.00 88.90 0.00 88.9 3,556.00 0.00 3,556.00 0.00 100.0 0.00 2.11 Concrete Work Slab No.2 47.8 SY $40.00 1,912.00 47.80 0.00 47.8 1,912.00 0.00 1,912.00 0.00 100.0 0.00 2.12 Furnish,install,and maintain Muhlenbergia capillaries 1,115 EA $11.00 12,265.00 1,115.00 1115 0.00 12,265.00 12,265.00 0.00 100.0 0.00 2.13 Furnish,install,and maintain Spartina backed 2,502 EA 1 $9.00 22,518.00 2,502.00 2502 0.00 22,518.00 22,518.00 0.00 100.0 0.00 2.14 Vacuum out entire influent/effluent structure tanks and channels 1 LS 1 $4,500.00 4,500.00 1.00 0.00 1 1 4,500.00 0.00 4,500.00 0.00 100.0 0.00 County Final Change Order 1 1 LS -$2,012.41 2,012.41 1.00 1 2,012.41 2,012.41 0.00 0.00 0.00 0.00 TOTAL 51,286,469.59 FAMMEW$1,lqS,434.001 $88,035.59 1 $1,286,469.59 $0.00 100.0 $ - $ $ AMOUNT OF THIS INVOICE_ $88,035.59 AMOUNT OF RETAINAGE FOR THIS INVOICE_ $0.00 0 SURETY'S CONSENT OF PAYMENT TO CONTRACTOR: The Surety Hartford Fire Insurance Company a corporation, in accordance with Public Construction Bond Number 21BCSFZ7966 , hereby consents to payment by the OWNER to the CONTRACTOR, for the amounts specified in this CONTRACTOR's APPLICATION FOR PAYMENT. TO BE EXECUTED BY CORPORATE SURETY: Attest: As per Attached Power of Attorney Hartford Fire Insurance Company Secretary Corporate Surety One Hartford Plaza Hartford, CT 06183 Busine s Ad,1171 , BY: Prin me: C rle J. Nielson Title: Attorney In Fact (Affix Corporate SEAL) STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared Charles J. Nielson , to me well known or who produced personally known as identification, who being by me first duly sworn upon oath, says that he/she is the Attorney In Fact for Hartford Fire Insurance Company and that he/she has been authorized by it to approve payment by the OWNER to the CONTRACTOR of the foregMA/161 Contractors Application for Payment. Subscribed and sworn to before, i�, 13th day of February -, 20 13 �,���:•�pNEXPjA'•• �.,, Fs; �•� e14,2py� �s.o No ary Public, State-6f Florida My Commission Expires: 11/14/13 [The remainder of this page was left blank intentionally] Last Revised 2-16-2012 Application for Payment Form 00622-3 LACIose Projects-Current\586-Egret MarsMPay Appiications�Application for Payment Form.doc Rev.05101 41 Direct Inquiries/Claims to: POWER OF ATTORNEY THE HARTFORD BOND,T-4 One Hartford Plaza Hartford,Connecticut 06155 call.888-266-3488 or fax:860-757-5835 ,,,,.,iW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 21-229752 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana 0 Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast,a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the"Companies")do hereby make, constitute and appoint, up to the amount of unlimited. Charles J. Nielson, Mary C. Aceves, Charles D. Nielson, Joseph Penichet Nielson, David R. Hoover of Miami Lakes, FL their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on August 1, 2009 the Companies have caused these presents to be signed by its Vice President and its corporate seals to be hereto affixed,duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. y7Y11� �tlidMPly �y ��^lity..yd ` . 011 1pmo •.t .,.•"` � 1 1967 .� ' • � `a1 R #s' • ;a � f ���+� :. ' tnrh,Yfe � �►atata► 6.r�',1a79 ♦_ ;- iyg9 ? I9Y9 V9 ► fi v"'ugD,t �inu�• \. Wesley W.Cowling,Assistant Secretary M.Ross Fisher,Vice President STATE OF CONNECTICUT SS. Hartford COUNTY OF HARTFORD On this 12'h day of July, 2012, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Vice President of the Companies, the corporations described in and which executed the above instrument;that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. a�+M!��'a * � Kathleen T.Maynard Notary Public CERTIFICATE My Commission Expires July 31,2016 I,the undersigned, Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is still in full force effective as of February 13,2013. Signed and sealed at the City of Hartford. rt fry �e+wvrr �ti x4,^t r s f �r i0�„+ 1"0 ��►� '� '`,r`�Gafe,►•!ee',6PYi[ a 10�r - t+ �taD'""��(o`^_..�'�� a++�[[r •"` 1 1967 • 01 ��1+{ • - r �; .. M',$1t[h(Y�f ltitlnl► ,�, t9T4p..,�,;-,,}}��_ 197g�� .�• 'rya ��` �''iy•. ..f+�` •� {� 4° mot* * � b/AS� rp'*'�9�t ► 9 gillIDIS' fnll�� r !c' i' L � Gary W.Stumper,Vice President 42 W AI V LK& "LLAJI; UrUN P IN AL FMI- rage I or I STATUTORY WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT (Section 713.20(5)Florida Statutes) This instrument Prepared by:RON CHAPMAN NEFF RENTAL LLC 7400 COMMERCIAL CIRCLE FORT PIERCE FL 34951 18284 The undersigned lienor, in consideration of the final payment in the amount of$3,419.23,hereby waives and releases its lien and right to claim a lien for labor, services or materials furnished to CLOSE CONSTRUCTION INC(customer)on the job of INDIAN RIVER BOARD OF (owner), to the following described property: 72955 4TH STREET,VEP-,O BFACII,FLORIDA,MODIFICATIONS TO EGRET MARSHSTORMWATER PARK FLOWAY,BID NUMBER 2012053, PROJECT NUMBER 0435A,BOND NUMBER 21BCSFZ7966,AND FURTHER DESCRIBED IN BOND RECORDED IN OR BOOK 2618 PAGE 1283 PUBLIC RECORDS INDIAN RIVER COUNTY, FLORIDA. DATED on MARCH 6,2013 NEFF RENTAL LLC 74001, RCLE �0I T L 4 5 y: • RON CHAPMAN OPERATIONS MANAGER Before me,personally appeared,RON CHAPMAN,the OPERATIONS MANAGER of NEFF RENTAL LLC,who produced as identification or is personally known to me, and who did take an oath, and acknowledged to and before me that he/she executed this instrument for the purposes therein expressed on behalf of said entity,this 6 day of MARCH, 2013 Notary Public; State of Florida My Commission Expires: q�a��.zo13 r MYCI4N#WWM1 EXPIRES:September 22.2013 BonUed ltwr MataryPg6YcUndMvrtiMr� 3/612013 43 https://www.nacmtampa.com/webwiz/wwiz.asp t i •. Drawdy Concrete Construction,LLC S 2945 W.Midway Road Ft. Pierce,FL 34981 FINAL RELEASE OF LIEN . c KNOW ALL MEN BY THESE PRESENTS: i That the undersigned,for and in consideration of the payment of the sum of $10.00 and other good and valuable consideration,paid by Drawdy Concrete Construction,LLC receipt of which is hereby acknowledged,hereby releases and quit claims to owner,all liens,lien rights,claims or demands of any kind whatsoever,which the undersigned now has against the building or premises legally EGRET MARSH an account of labor and materials furnished for the construction of any improvements thereon. That all bills for fiunished by the undersigned in the erection of said improvements have been fully paid. ONLY IN WITNESS WHEREOF.I have hereunto set my hands and seal this day of Al CONSTR TION MATERIALS By: �/ �•- STATE OF COUNTY OF � of Thi.. foregoing instrument was actin wledge before me . this da who islare person__y all__ known to me or who hasthave produced_ r-'°tr R9 ident' cation and who did/did not take an oath. My Con mission Expires: {;IViU' KATHLEEN I MCSWAIN f MY COMMISSION# 1' 31 .. . l F ''•xF ' EXPIRES November 16,2016 F4f,"K` �Ian7�3:E•0163 pbrt6allotoc75e,vice.wm Vofary Public,State of I?lorlda ***The Provisions of 41 CFR 60-1.4(A)(7),41 CFR 60-250A(Ivy,and 41 CFR b0-741.5(A)are hereby incorporated into this purchase order-contract,as applicable. i z i i VCatrer and el:easen e fl Li Upon final Payment 3.f)I=N.V,?:-§tlfAvegt2e;Olcegcl1D-bets:FL:34$72 . DGew »otfi'ers Con0ruatigri having beer!etnptoyed by We:the undersignecl dY - idose Construction Inc,.to do construction work on.the premises.known.as_ 586: Niotlificationsto 6grpt.Mar,"sh, do Hereby AfflrM that vie'rave paid all cbarges against.us for labor:and.materials. Also,we.the urjdersigned,.fqz`and ti consid tatiorr of:a finaa payMenC of:5:�82g6.36. ... FIVE 8UN©RE6T IIRTY ElORT THOUSA bIVO HfMbRED EIGRMSiX ANA .. Wing ft eTitii'e 36J1AO DOLLARS amount dues the receipt whereof is.Hereby a knovvledged,do.hereby.waive-:and release any:and eery lien an olaim rieluding,.boAd claims Ort.sal l above described binidiri aril prelriises ori account-6f Tabor or materialsfitzrnished or:contreeted°for, saki building or premises. Signed:byc printed Na 2 _D2 +nI PY " Titley. 1l �a-r✓S Orate: State of Florida Guuntyof Si Lura= 2�3 The fbrivgof6O Was acknowledged before ride this 2� day.of by `�—mss]Y -r�. persona; y known a me"or who has produced _. .....as tderitiflcation. Notary Public o00':Pf Notary Public State of Florida Jertnifer Pottorff o` my commission-DM02852 'FOF�,oa Expires 09/10/2013 Naime:of Mtaq typed,Printed.or stamped Commission.No. Expires= w �, � - Waiver and release of Lien Upon Final Payment 301 N.W.4th Avenue,Okezcbobee,R,34972 Cathco, Inc. having been employed by We the undersigned Close Construction Inc.to do construction worts on the premises(mown as 586 Modifications to Egret Marsh do hereby affirm that we have paid all charges against us for labor and materials. Also,we the undersigned,for and in consideratiorn of a final payment of 140467.00 EXACTLY ONE HUNDRED FORTY THOUSAND FOUR HUNDRED SDM-SEVEN DOLLARS being the entire amount due,the receipt whereof is hereby acknowledged,do hereby waive and release any and id above described building and premises on account of labor every lien and claim including bond claims on sa or materials furnished or contracted for said building or premises. Lienor. Cath 1 Signed by. Printed Name: Title: Ira 1)ll�C7ii n Date: State of Florid*' ft (Jw� County of n IU / 2 da of 201 The oing was acknowledged before me this ( Y � , who is personally known to me or who has produced by as identification. Notary Public qv. Nowy�State of flotilla Name of Notary typed,printed or stamped My Commdazim EE 644874 p Ext*"IM22M6 Commission No. Expires: 46 FINAL WAIVER AND RELEASE OF LIED The undersigned lienor,in consideration of the progress payment in the amount of$14,714.19,hereby waives and releases its lien and right to claim a lien for labor, services or.materials furnished to CATHCO,INC. On the job of EGRET MARSH To the following described property: Located at: 7295 4TH Street. Vero Beach,FL 32961 Iu the County of Iridian River Copnty,Florida Job#: 1227 Dated on day ofA� 2013 Lienor's Name:. HD Supply Waterworks,LTD. . Address: P.O.Box 100467 Atlanta,.GA 30384-0467 By: Printed Name: Nona A.Britton State of •��-- county of O i A:ff _58 The foregoing instrument was acknowledged before me this day of ,2013 by Nona A.Britton who is personally known to me or has produced type of identiflcation_and who did take an oath. NYA F.CARTER S�sd;);#EE 218432 r . o Pu c Signature C 47 ___.. Waiver and Release of Lien Upon Final Payment 301 N.W.4th Ave+iue,Okeechobee,EL 34932 We the undersign iV1CW Acquisitions LLC DBA,Metro Caulking , having been employed by ed close construction Inc,to do construction work on the premises known as 586 Modifications to Egret Marsh do hereby affirm that we have paid all charges against us for labor and materials. Also,we the undersigned,for and in consideration of a final payment of 1.720 being the entire EXACTLY ONE THOUSAND SEVEN HUNDRED TWENDOLLARS TY amount due,the receipt whereof is herebyy acknowledged,do hereby waive and release any and every-lien and claim including bond claims on said above described building.and premises on account of labor or materials furnished or contracted for said building or premises. Lienor: A uisitions LLC t3BA Metro C ulkin Signed by: Printed Name: '- ' - 's <4 Title: Date: State of Florida L. County ofThe foregoing foregoing was acknowledged before me this A s day of %`z ' •!c _: ` ,by 2412- - '' who is personally,known to me or who has produced as identification. f'f.:s,.f.. Ea _ 1,.,.", Notary Public Name of Notary typed,printed or stamped s,, taArlt.Y t.tat t sotr t t 5 . tYib r - NOtary Public-Stam of 1`301111, - { Commission No.. � f- ` Expires: itt MY Gwi;;rt.Expires Feb 13,?1)14 7 ; Couu�llssion %�013 1437361 1 80fid6d 1"hrraGgh ratio,,lt'Wry A_zo. 48 i CHANGE ORDER NO. 1 DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: INDIAN RIVER COUNTY CONTRACTOR: CLOSE CONSTRUCTION, LLC PROJECT: Modifications to the Egret Marsh Stormwater Park Floway OWNER'S PROJECT NUMBER: 0435A ENGINEER: INDIAN RIVER COUNTY You are directed to make the following changes in the Contract Documents: Increase or Increase/Decrease in Item Description Decrease in Contract Time Contract Price (Calendar Days) C01-1 Delete vapor barrier, tape, and labor per Attachment No. 1 ($3,089.00) 0.0 Excavate 2" of existing floway base material instead of 6" per Attachment No. 1. (The finish C01-2 elevation of the concrete floway surface was raised four inches to decrease the amount of excavation required to accommodate the concrete thickness. This resulted in less wear and tear on facility access roadways, reducing by two-thirds the volume of excavated material transported to the stockpile area.) ($3,268.00) 0.0 Delete mixing existing material in-place per Attachment No. 1. (This item was not necessary C01-3 due to the good compaction characteristics of the institu soil.) ($3,250.00) 0.0 =Items C01-4a through C01-4e-Concrete Floway Design Enhancements, Repairs, and CO1-4Improvements to Egret Marsh Stormwater Park per Attachment No. 2 $7,754.59 1 0.0 Cts Construct a 6" both sides of the ATS harvest thick 4,000 psi, reinforced concrete curb along access driveway extension, tying the curb into the existing driveway with epoxyed reinforcing ~ C01-4a steel. (A curbing extension along both sides of a portion of the newly constructed ATS harvest : access driveway is required to transition from the new concrete perimeter curb to the access driveway sides. The curbing will prevent soil from eroding from the perimeter berm onto the floway surface, and it will increase harvesting efficiency by preventing harvested algae from 4 s r being washed off of the floway and onto the perimeter berm.) ' ri � it u n � Construct an 11 tall x 3 wide x 6 thick concrete L curb/retaining wall, 11 in length * r f s containing one#5 bar at the outermost east and west ends of the ATS harvest flumes. (This C01-4b enhancement is required to tie the termination of the new floway concrete perimeter curb with existing high density polyethylene (HDPE) liner material on the east and west harvest flume ends. Without this curb/retaining wall soil will erode into the harvest flume from the perimeter berm and have a detrimental impact on facility operations.) Repair two leaking ATS feed water manifold pipes by excavating the pipes, encasing the leaking C0 1-4c Joints with concrete, backfilling, and compacting. (HDPE welds on two of the ATS feed water manifold pipes have failed, causing significant underground leakage and loss of soil around the pipes. Because these pipes supply water to the ATS floway, it is critical that they are repaired before the facility is returned to service.) 5 Construct a 40'x 6' x 8" thick, 4,000 psi reinforced concrete apron along a portion of the west r N � side of the algae composting area. Reinforcing shall be#6 bars at 12" centers each direction C01-4d This reinforced concrete apron will connect the asphalt compost pad with the mulch and finished compost storage areas. The asphalt compost pad edges are cracking and breaking off �4� � � t E`t due to heavy equipment regularly traveling between the compost pad and the storage areas The concrete apron will prevent further cracking and significantly extend the life of the asphalt ) Cal O Construct 100 linear feet of FDOT Type "D" concrete curbing along a portion of the north side of the ATS access driveway. (The existing ATS access driveway is on a steep slope leading to the , ws xti C01-4e headworks structure, which causes it to experience significant erosion along part of its northern a edge. As a result, the asphalt has begun to fail along part of the driveway edge. The curbing ;.; t will prevent a future expensive roadway repair by eliminating further deterioration of the roadway surface and it will redirect runoff to the bottom of the slope where it will be safely dispersed.) k L Delete 80 Florida Bearing Value (FBV)tests of the floway subgrade material. (All FBV tests were C01-5 deleted at the recommendation of GFA International, Inc., the geotechnical engineering and testing firm. GFA stated that in its professional opinion, FBV tests were not required for the concrete floway subgrade compaction, and that other originally specified density tests would supply all necessary subgrade compaction information.) See Attachment No. 3. ($1,760.00) 0.0 Construct a 24"x15'x6" thick, 4,000 psi slab with fibermesh adjacent to the west edge of the C01-6 southern pole barn at$40/SY $1,600.00 0.0 TOTALS ($2,012.41) 0.0 CHANGE IN CONTRACT PRICE Description Amount Original Contract Price $1,288,482.00 Net increase/decrease from previous Change Orders $0.00 Contract Price prior to this Change Order $1,288,482.00 Net increase/decrease of this Change Order ($2,012.41) Contract Price with all approved Change Orders $1,286,469.59 CHANGE IN CONTRACT TIME (Calendar Days) Description Amount Original Contract Time for Final Completion 116.0 Net increase/decrease from previous Change Orders 0.0 C3'1 Contract Time for Final Completion prior to this Change Order 116.0 Net increase/decrease of this Change Order to Final Completion 0.0 Contract Time for Final Completion with all approved Change Orders 116.0 ACCEPTED: RECOMMENDED: By: k By: CONTRACTO Signature) EN INEER (Signature) - Keith Close Construction, LLC McCully, P.E., Indian River Cc&ty Stormwater Engineering Division (Printed Name and Title) (�p�np �— Date: Z—14 -2L--713 Date: �j• c�C�l. APPROVED: By: OWNER:Joseph E. Flescher, Chairman, Indian River County Board of County Commissioners Date: .APPROVED AS TO FORM ,AND G SU IC WILLIAM K.DEBRAAL DEPUTY COUNTY A'T'•T•nak`. . . . . . ICLOS--EDEDUCTIVE Construction, LI,C l�T PCHM�7 Mo • ( CHANGE ORDER PROJECT: Modifications to the Egret Marsh CHANGE ORDER NUMBER: 1 (Name,address) 7295 4th Street DATE: 11.28.2012 Vero Beach, FL: ARCHITECTS PROJECT NO 0435A CONTRACT DATE: 1 1.07.2012 CONTRACTOR: Close Construction, LLC CONTRACT FOR: (Name,address) 301 N. W. 4th Ave. Okeechobee, FL 34972 The Contract is changed as follows: The deletion of the vapor barrier, tape and labor and excavating 2" in lieu of 6" for elevation change in floway and deletion of the mixing of existing material in place. Delete Vapor Barrier, Tape and Labor(See attached breakdown) ($3,089.00) Excavate 2" in lieu of 6" off Floway (See attached breakdown) ($3,268.00) Mix existing material in place ($3,250.00) Dozer$81.25/hr @ 8 hours = $650.00/day $650/day x 5 days = $3,250.00 Change Order Total ($9,607.00) NOW )riginat(Contract Sum}(Guaranteed Maximum Price)was............. ........ .........................$ 1,288,482.00 Net change by previously authorized Change Orders..............................................................$ 0.00 The(Contract Sum}(Guaranteed Maximum Price)prior to this Change Order was.........................$ 1,288,482.00 The(Contract Sum}(Guaranteed Maximum Price)will be(increased)(decreased) (unchanged)by this Change Order in the amount of...........................................................$ -9,607.00 The new(Contract Sum)(Guaranteed Maximum Price)including this Change Order will be............$ 1,278,875.00 The Contract Time will be(increased)(decreased)(unchanged)by ( )days. The date of Substantial Completion as of the date of this Change Order therefore is 3.09.2013 NOTE This summary does not reflect changes in the Contract Sum,Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive. _._ .._.... ... ..__....... OWNER CONTRACTOR Indian River County Close Construction,LLC Address Address 1801 27th Street 301 N.W.4th Ave. Vero Beach, FL Okeechobee, FL 34972 BY BY DATE DATE 53 Qt z6 AUk 5550 415` STREET *VERO BEACH,FL 32967 (772) 562-8814 *FAX(772)562-0173 CHANGE ORDER# 1 Date: November 26,2012 Revised 11-29-12 To: Close Construction, LLC 301 Northwest 4`f'Ave Okeechobee, FL 34972 Re: Modifications to the Egret Marsh Stormwater Park Floway We hereby agree to make the following changes including labor, materials, equipment and all taxes to the above referenced project: 1. Delete Vapor Barrier,Tape and Labor a. 14 Rolls of Stego 10 Mill Vapor Barrier& Tape ($2,833.00) b. 2 Labors for 8 Hours ($ 256.00) Deduct ($3,089.00) 2. Excavate 2"In Lieu of 6"For Elevation Change in Floway a. Deduct Loader 2 Days ($ 947.00) b. Deduct Grader 2 Days ($ 956.00) C. Deduct Backdump 2 Days ($1,109.00) d. Deduct One Labor for 2 Days 256.00 Deduct ($3,268.00) TOTAL DEDUCT (S 6,357.00) Subject to Existing Contract Conditions and Exclusions Close Construction,LLC BY Printed Name: Date Cathco Inc. By Matthew S. Eisert, as agent for Cathco, Inc. I-Aw Date 54 4- Ku UME SITE W RK BMSlO� s 5550 415` STREET * VERO BEACH, FL 32967 * (772) 562-8814 * FAX (772) 562-0173 catheoinc@bellsoutb.net Date: September 28, 2012 REVISED 10-22-12 To: Close Construction 301 Northwest 4th Avenue Okeechobee, FL 34972-2552 Proposal For: Egret Marsh Improvements Vero Beach,Florida We hereby propose to furnish labor, equipment and materials for the following: 1. Installation of 8 EA Biogas Vent Piping (Excluding Turbine Vent) $ 242,1.89.00 2. Site Cut,Fill, Rough Grade and Form Board Grading(22,375 SY) $ 36,471.00 3. Mobilization $ 1,150.00 Project Total $ 279,810.00 ALTERNATE: 1. Import,Place,Mix and Compact 500 CY of Stabilization Material $ 2. Mix Existing Material In Place If Needed NOTES: 1. Price is Valid for Work to be Completed by February 2012, Cathco to be Compensated for Cost Increases Beyond that Date. 2. All Excess Material To Stay Onsite. SPECIFICALLY EXCLUDED FROM THIS PROPOSAL ARE THE FOLLOWING ITEMS: Permits;Engineering; Bonds& Fees; Sod, Seed& Mulch, and Landscaping; Irrigation System; Repair/Relocation of Existing Utilities/Services in Conflict with this Work; Removal,Disposal and Replacement of Unsuitable Materials;Demucking; Layout; As-Built Drawings;Testing; Driveway Sidewalks; Concrete Flatwork;Erosion Control, Power Pole Removal/Relocation; Turbine Vents; This bid is based solely on the plans as drawn and dated C1-7/13/12, C2-7/13/12 w/ 1 Revision, C3-2/28/12 w/ 1 Revision by Indian River County Stormwater Division. Page 1 of 2 55 Cathco, Inc Proposal for Egret Marsh Improvements September 28, 2012 It is Cathco's intention to place all pipe and structures by properly sloping the excavation in observance of the Florida"Trench Safety Act. It is not our intent, unless specified in this proposal, to sheet, shore or employ a trench box. Therefore, we must look to you to provide us with adequate room to use the slope method. Should it be more convenient for you to require us to sheet or shore, the cost of such measures will be for your account. Further, the use of a trench box will add $20.00 per lineal foot to the unit pipe prices. The excavation,treatment or disposal of contaminated soil, (as defined by the guidelines of the Environmental Protection Agency),that may be encountered during the course of this project shall not be considered incidental to the work. The cost of such excavation, treatinent or disposal by those properly licensed will be the responsibility of the owner. This proposal subject to acceptance within 15 days and.is void thereafter at the option of the undersigned. Res 1H submitted, Ma h . Eisert �•- As Agent for Cathco, Inc. Pa;e 2 of 2 56 t e�4 It 1�Ti A� } V\(-:N-T ; Construction, LILC CHANGE ORDER PROJECT: Modifications to the Egret Marsh CHANGE ORDER NUMBER: 3 (Name.ad;iress) 7295 4th Street. -- DATE: ------- — - ---___- _ 1 .30.2013 !Fero Beach. FL: ARCHITECT'S PROJECT NO 0435A CONTRACT DATE: 1 1.07.201 2 CONTRACTOR: Close Construction, LLC CONTRACT FOR: (Name. address) 301 N. W. 4th Ave. Okeechobee, FL 34972 The Contract is changed as follows: The addition of labor, equipment and materials to complete the following: 1- Construction of an FDOT Type D Curb 2. Construct a concrete curb on both sides of the harvest access ramp 3. Construct a reinforced concrete ramp 4. Place concrete around leaking underground pipe connections 5. Construct concrete curbs at each side of the effluent end of the floway Drawdy Concrete Construction (See attached breakdown) $6,016.12 Close Construction, LLC (See attached breakdown) $727.00 Overhead and Profit (15%) $1,011.47 Total: $7,754.59 Change Order Total: $7,754.59 The original(Contract Sum)(Guaranteed Maximum Price)was................................................$ 1,288,482.00 Net change by previously authorized Change Orders..... .........._.................:. .......................S 0.00 The(Contract Sum)(Guaranteed Maximum Price)prior to this Change order was.........................$ 1,288,482.00 The(Contract Sum)(Guaranteed Maximum Price)will be(increased)(decreased) (unchanged)by this Change Order in the amount of...........................................................$ 7,754.59 T he new(Contract Sum)(Guaranteed Maximum Price)including this Change Order will be..........-$ 11,296,236.59 The Contract Time will be(increased)(decreased)(unchanged)by ( )days. The date of Substantial Completion as of the date of this Change Order therefore is NOTE This summary does not reflect changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive. ___..�_....._-._...._ —_........_.._— _ _._._-_-.__..__-.._ ------- ..._- - -_.._...-...- - _ -- OWNER CONTRACTOR Indian River County Close Construction, LLC Address Address - ------- A-:801 27th Street 301 N.U•? 4th Ave.. — Vero Beach. FL Okeechobee.FL 34972 BY BY ------------- DATE --- — DATE � — --------- - 57 ,2 b40 -4 . t`E 2- Change Change Orders Egret Marsh Curbing @ E/W floways $ 6,016.12 Drawdy 11'length 2x 3'width 6"thk 11"tall w/1 #5 Curbs @ existing D/W access inc 100' type "D"curbing inc Slab 6'x40' x6" inc #6 bars 12" OC prep slab Repair leaks @ 2 pipes hand dig @ headworks 2 laborers @ 22$/hr. 4 hrs $ 176.00 place concrete 125$ EA $ 250.00 fill/compaction 4 hrs $ 176.00 jumping jack rental $ 125.00 Total $ 6,743.12 `NW O/P 15% $ 1,011.47 Change Order Total: $ 7,754.59 58 Y' --s a-C4 Af+, wo . 4 104-02 DRAWDYBROTii ERS CONSTRUC.TIOA1I1, Inc. 29,45 West Midway Road FORT_PIERCE, FL 34981 GENERAL COATTRACTOR#CGCG-13797 OFFICE NUMBER (772)464-8160 OfflCa qsa only FAX NIUvIDER (772)464-0360 Budget posted ES-1-04ATING FAX(772)464-2031 status _ FROM- Drawdy Brothers Construction I PendMg,rejectzu;app ru sof TO: Close construction Estirnatc:l•, DD ATTN: Chris Rossi Eztension of trine W.O;#s 912 104 #Dayy U DATE: 1122/2013 REFERENCE 0- added scope of work CHANGE#:104-02 WORK LOCATCON: site work FAX NUMBER, JOB NAME: Egret marsh L)REASON FOR CHANCE: CHECK ONE A.BUDGET ERROR B.PLAN ERROR C.PRICE CHANGE % D.ADD 7N ADDITIONAL WORK E.DEDUCT FROM CONTRACT F.OTHER CHANGE# DES1~RIPTION OY UNIT PRICE TOTAL PRICE 104-02 M itef ials 3k reg weight concrete 16 5-9 0.33 6 51,445.76 3k pump mix concrete 0 50.00 $0.00 reinforcing rebar Arai& 120 $0.40 S48.00 ribinfbming rebar bands 0 $0.77 $0.00 reinforcing rebar accessories 120 $0.05 .336.00 3!4"expansion-joint material 0 $0.42 $0.00 per gallon curel$eal slab sealer 2 512.50 $25.00 form materials/accessories 1 512.5.00 $125.00 Labor Superinfendent 0 $52.00 $0,00 Forman 8 $38.00 $304.00 Carpenter(add curb) 21 535.00 5735.00 Labor(add curb) 21 $30.00 5630.00 Carpenter(add slab) 6 535:00 $210.04 Labor(add slab) 6 $30.00 $180.00 Concrete finisber 32 $35.00 $1,120'00 Iron Worker 0 $35:04 $0.00 2"concrete pump operator 0 $35.00 $0.00 bobcat operator 4 $35.00 $140.00 Subcontr•actorlRentsls T'Concrete pump 0 $75.00 54.00 T 190 Bob-cat 4 x+60.00 $240.00 0 $0.00 $0.00 Page 1 59 k4 , 104-02 $5,208.76 �. 10% Overhead $520.88 Sub-total $6,729.64 5% Profit $286.48. Total Sub-Contractor Representative Contractors Representative Description of chance cost associated with added work per.email request 1. 22'long x 3'wide x 6°thick slab with 11"tall curt 1#5 continuous 2. (2)8'long x 17"to 6"curbs witty dowels 3. 100 lineal foot of type D curb 4. 40'x 6'x 6"slab added Sub-Contractor reserves the right to time under the terms and conditions of the contract. If Contractor executed change order is riot received at the time work is performed Sub-Contractor will be performing the work under protest per contract provisions. Sub-Contractor will invoice change cuderworkthe following month the=,Aorl1is-perfor-nGd by signing daily tickets Contractor agrees to fund change order wont within 30 days Page 2 v. 60 E��147W-1-3 DEDUCTIVE CLOSE ATIALI �A-1 'A 3 Construction, L L C CHANGE ORDER 7 2 9 55,4 1.i-i S DATE: C31�211013 / eFL,, 73 e ARCHITECTS PROJECT NO 0435A ---------- .2 -12 ZACT tDATE� I ij 7 LLC Yl Clkee,chobee� 34972 The Coicaut a 5angal aS fobin: 7- o h-P, n, f the FBV testing I - deie4io FBV Testinig (8 if TeMs @ $2210M) ($1 W6010) Change CAM Total ($1jis0xi0) The 0,65 Sufn-0�Guara!-.,iecdf Prxe1%k�as—............ .... ........... L28148210 ME dwye by paviausy authorized Changs Orderzs.......... ........ ... . .. .. .. ........ ................. ON) 7*VoUrn,Qm!Swarived Makwm PQQ por w 0,cone oww n 2 8 8 A 8 2 00, 7w K>o!warmaral SaLwlr"�,1,!Gua.rzt--,teed 0--!,,rii Pri,e'j be(ijicre-ased WAZWK)Q this CA"o Dow A Me awwo A.. ........ .... ...... -1�760.00 i),: !16'r�is-otlue-ct (Gl.-F,�-,mteed cildud'ifig this Change Oraw wW 0, S Q8,722h, T!E T!"";�, be 1-y ldays� The dw6 of&w vwW ComMA&P WS A On walk of IN Ch29e OW er Kw.arms 3MA20, NOTE ThiS. refle(:i j-,the CcnUam Sum.Contraw�Tiimp;oi-Guxpm�eer' Price vilir,h have, -dui hurizedby CorisirLICtiol'.Ch2r.-g-e-Directive OWER CONTRACTOR f'!v Close LLC 'Addrem, 001 Milne, 1 t h vva.Bwd� K 091)WAST PL 34972 ....................... Ift- 61 M }}� � t- � Egret Marsh Stormwater Park Roway 7k��Y1 O aw 4-0 3 Indian River County, Florida September 19, 2012 Proposai No. 12-1864.00 Page 2 of 5 1.3 Cast-in-Place Concrete %Ww GFA will provide an ACI-certified technician to test the concrete delivered to the site. In accordance with the project specifications, the technician will mold a set of five compression cylinders per ASTM C-31 for every 50 cubic yards or fraction thereof placed per day. GFA will also determine the slump and temperature of the concrete each time a set of cylinders are cast The cylinders will be cured in the laboratory, with one cylinder tested at seven days and three at 28 days. GFA can also assist in evaluating mix submittals and provide laboratory verifications, if necessary, although fees for this service are not included herein. 1.5 Schedule of Fees The actual cost of our services will be highly dependent on the construction schedule. As we have not been provided with a precise construction schedule, it is not possible to make a precise estimate of the manpower and testing requirements. Therefore, GFA proposes to provide its services on a unit cost basis; based on the actual work performed and the unit fees shown on the attached Schedule of Fees. For your budget purposes, GFA has estimated quantities for these services based upon the anticipated scope of work. Description Rate Est. Estimated QtY. Total Pavement Area Soils Sub rade Densi -Pavement $20.00 Each 60 $1,200.004 Stabilized Sub rade $20.00 Each 80 $1,600.00 Florida Bearing Ratio FB $22.00 Each 80 $1,760.00 Total: $4,560.00 Proctors vm, Soil Proctor. $75.00 Each 4 $300.00 Soil Classification $80.00 Each 4 $320.00 Total: $620.00 Concrete Testing Test Cylinders in Building $75.001 Set 50 $3,750.00 Air Content 1 $15.001 Set 50 $750.00 Unit Weight 1 $25.00 Set 1 50 $1,250.00 Total: $3,760.00 Techinclan Time 1 $45.001 Hourl 60 1 $2,700.00 Engineering Review of Test Results Review of Test Results 4y Professional Engineer $125.00 1 Hour 1 6 $750.00 Total:1 $750.00 Estimated Construction Materials Testing Budget:1 $14,380.00 A rate of $45 per hour will apply when full-time monitoring of backfill is required. The hourly rate also applies to stand-by time in excess of 15 minutes. The unit rates and/or hourly rates 62 - Pale- o� I ' -T No . 4 CLOSE CHANGE ORDER 0 i F C M-odifications to the Egret Mai sh CHPNGE ORDER l--,',UPIBER: 4 address? 7295 4th Street DATE: 2.11.2-011 ........... "Iefo, Beach. FL ARCHITECTS PROJECT NO 0435A CONTRACT DATE: 11.07.2012 CONTRACTOR; Close ConstrUCII011, LLC CONTRACT FOR: (t,•Ian--P.address) 301 N. VV. 4th Ave. Okeechobee, FL 349-72 The Contract is 0hanued as 1`011OWS: The addition of labor, equipment and materials to complete the following: 1. additional concrete slab non-reinforced 24' x 15' \X 6" thick 4,000 psi with fibermesh Drawdy Concrete Construction ($40/SY x 4.0 SY) $1,600.00 Change Order Totall: $1,600.00 The original fContracl.SLIMI(Guaranteed klaxinium Price) was........................._.........._._.......$ 1:288,482M t,.Iet change by preViouSly authorized Change orders..............................................................$ 0.00 The(Contract Sum)(Guaranteed fx4aximuni Price)prior to this Change Order was................._....-$ 1,288,482.00 The iContiact Surn.1(Guaranteed Maximum Price)will be(increased',(decreased) (unchanged)by this Change Order in tine arn0Ur,.I, .......................................... 1,600.00 The new(Contract Sum".(Guaranteed N/laximurr,Price)including this Change Order W111 be............ -1,290,082.00 The Contract Tinicohil be(increased)(decreased)(unchanged',by days. The date of Substantial Completion as of the date cf this Change Order therefore is NOTE-1 h;s sum mary does not refleci changes in the Cont(30 SUM.Contract Tirnc or Guaranteed Maximum.Price which have bier autharized by Construction Change Directive. OWNER CONTRACTOR Indi2nRiver County Close Construction:1-1-C ............. .................. ......-- Addre�z Ad di r e s s 150 1 2 7th Stree. 301 N.W.4th Ave. -- PL Verc,0 3acl 13 I'So'hobee, 34972 Y /e ..---..... Dr%TE .......... 63 9F CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM ,*.m. TO: Honorable Board of County Commissioners THROUGH: Joseph A. Baird, County Administrator THROUGH: John King, Director Department of Emerg n S vices FROM: Dale Justice, Emergency Management Coordinator DATE: March 13, 2013 SUBJECT: Approval of Expenditures for Emergency Management Federally-Funded Subgrant Agreement 13-BG-06-10-40-01-031 It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRH'TION AND CONDITIONS: Annually, the Florida Division of Emergency Management administers the Emergency Management, Preparedness and Assistance Trust Fund Base Grant Agreement (EMPA) with each Florida county following authorization in Chapter 252, Florida Statutes. The funding for EMPA is used to enhance and improve emergency management mitigation, planning, response and recovery for Indian River County. The Board of County Commission approved the FY 2012/2013 EMPA Sub-Grant Agreement on July 3, 2012 in the amount of$105,806 of which$78,482 has been previously allocated. FUNDING: This is a 100% federally funded subgrant expenditure request consistent with the Florida Division of Emergency Management directives and no match is required by Indian River County. The state recognizes line-item changes may occur after execution of the contract (i.e. due to cost savings or reprioritization by the FDEM), with their written approval. For these reasons, staff requests authorization to make these adjustments rather than return the funding for reallocation to other counties. Item Amount Account Number Public Alerting and Notification, security, emergency monitoring& equipment upgrades 8,000.00 00123825-035290 Phase 1 Functional Needs Shelter Equipment 10,000.00 00123825-035290 64 00123825-034020 EOC Training&Management Program 9,324.00 00123825-03543000123825-035290 Total $27,324.00 RECOMMENDATION: Staff recommends approval of expenditures as directed in the Federally Funded Subgrant Agreement (13-BG-06-10-40-01-031.) APPROVED FOR AGENDA Indian River Co. ov Date FOR: April 02, 2013 Legal Budget ,3 Dept. BY: �.►-3 Risk Mgr. Josep A. Baird s_zg.r� County Administrator General S. 65 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Joseph A. Baird, County Administrator THROUGH: John King, Director Department of Emerg ervices FROM: Dale Justice, Emergency Management Coordinator dir DATE: March 15, 2013 SUBJECT: Approval of the CERT (Community Emergency Response Team) Basic Course Delivery Agreement It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: Annually, the Florida Division of Emergency Management administers the Community Emergency Response Team (CERT) grant which helps to build, train and sustain local CERT teams. The Board of County Commission approved CERT grant #13-CI-A6-10-40-01-402 on February 05, 2013 in the amount of$10,376.00. ALTERNATIVES AND ANALYSIS: The Indian River County CERT (Community Emergency Response Team) program trains and equips residents of Indian River County to respond to their neighbors, assess damage, treat the injured and assist public safety in times of disaster as well as providing non-disaster support, under the direction of public safety, for various public events. To help mitigate the impact to our communities after a disaster occurs, the state provided Department of Homeland Security funds in an effort to ease the financial burden and provide additional CERT courses. The approval of this contract will provide three (3) CERT courses training up to 75 county residents. FUNDING: This is a 100% federally funded subgrant. Grant funds cannot be utilized for in-house services. The Critical Infrastructure Support Group, LLC (CISG, Vero Beach) is authorized by the Florida Division of Emergency Management to provide the CERT training courses and meets the 66 _py�RUCTU�,Fs q0 CONTRACTING AGREEMENT This SUBCONTRACTING AGREEMENT (hereinafter referred to as the "Agreement") is by and between Indian River County Emergency Services (hereinafter referred to as the Agency), and Critical Infrastructure Support Group, LLC, (hereinafter referred to as the"Contractor"). (The Agency and the Contractor may hereinafter be referred to severally in the general sense as a"Party"or jointly in the sense as the"Parties"). NOW THEREFORE, in consideration of the promises and the mutual covenants and agreements set forth herein,and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties do hereby mutually agree as follows: 1) TERM. This Agreement begins on January 1, 2013, and continues until December 31, 2013 (hereinafter referred to as the "Term"), unless otherwise terminated or modified to be extended, and notwithstanding any provisions herein that survive the termination or expiration of this Agreement. 2) SERVICES AND AUTHORITY. The Contractor agrees to perform work ordered by the Agency in accordance with this Agreement, which includes, but is not limited to, Basic CERT Training Class Instructors (all hereinafter referred to as the "Services") and bound by the terms of FDEM subgrant agreement reference Contract Number: 13-CI-A6-10-40-01- 402 3) PRICE OF SERVICES. Services will be paid to the Contractor by the Agency at the amounts shown below, when in performance of the Services as Ordered hereunder, and payable to the provisions herein for Invoices and Payments: For Each Class: Price: 3 CERT Basic Training Classes Two Instructors $2,000.00 $6,000.00 For Meals Provided 0.00 0.00 $6,000.00 4) TASKING. Tasking for specific clasess will be accomplished via E-Mail (addresses shown below) from the Agency's Authorized Contractual Representative to the Contractor's Authorized Representative(Representatives are shown below). The Agency must provide all Tasking Requests in writing. In the event of any conflict between this Agreement and any tasking,then this Agreement shall take precedence over any tasking. 5) INVOICES AND PAYMENT. Original invoices specifying date(s), brief description of specific services and any amounts due shall be submitted to the Authorized Contractual Representative of the Agency. Invoices are due by the Agency for receipt by the Contractor on a Net 15 Basis, and payments shall be mailed to the Contractor's address of Notice. 6) NOTICES. Any correspondence between the Agency and the Contractor shall be addressed or directed as follows: a) For the Agency: Indian River County Emergency Services Attn: Dale Justice 4225 43`d Ave Vero Beach, FL 32967 Authorized Technical and Contractual Representatives(each serve in both capacities): Dale Justice, (772) 226-3852(Voice), DJustice@ircgov.com (E-Mail) b) For the Contractor: Critical Infrastructure Support Group, LLC 907516 th Place Vero Beach, FL 32966 Authorized Technical and Contractual Representatives(each serve in both capacities): Scott E. Davis, (772)321-4135(Voice),sdavis(a-cisq.us(E-Mail); Page 1 of 4 68 7) INDEMNIFICATION. a) The Contractor hereby agrees, to the fullest extent permitted by law, to indemnify and hold the Agency and the Florida Division of Emergency Management (including its affiliates, subsidiaries, owners, officers, principals, directors, partners, managers, employees, Contractors, agents, associates and representatives) harmless from any claim, loss, damage, liability or cost (including reasonable attorney's fees and court costs) to the extent caused by the Contractors negligent acts, errors or omissions in the performance of Services, and house of the Contractor's Contractors, if any,who are providing support to the Contractor under this Agreement. b) The Agency agrees, to the fullest extent permitted by law, to indemnify and hold the Agency and the Florida Division of Emergency Management (including its affiliates, subsidiaries, owners, officers, principals, directors, partners, managers, employees, Contractors, agents, associates and representatives) harmless from any claim, loss, damage, liability or cost (including reasonable attorney's fees and court costs) to the extent caused by the Contractors negligent acts, errors or omissions arising from any project that is the subject of these Services. 8) TERMINATION. a) This Agreement may be terminated at any time by either Party for its convenience, by providing the other Party with a thirty(60)day written notice of the same. b) This Agreement may be terminated for default in the event that either Party is in breach of any provision of this Agreement, whether or not such provision states herein, for the purpose of emphasis, that an action will specifically result in a breach. The Party not in breach will provide a written notice to the Party in breach, of a pending termination for default, and the Party in breach will be provided seven (7) calendar days to cure the breach. The Party not in breach will be permitted to terminate this Agreement for the default of the Party in breach at any time after the failure by the Party in breach to cure the breach within the aforementioned cure period. 9) MODIFICATION. Unless otherwise stated herein, no modification of this Agreement shall be binding upon the Parties hereto, unless such is in writing, numbered, dated and duly signed by Agency in its sole discretion. 10) ASSIGNMENT. The Contractor shall have no right to assign all or any part of its rights or obligations under this Agreement without the prior written consent of the Agency,which may be withheld by the Agency in its sole discretion. 11) WAIVERS. The failure of any Party hereto to enforce at any time any provision of this Agreement shall not be construed to be a waiver of that provision, nor shall it affect the validity of this Agreement, or any part hereof, the right of such Party thereafter to subsequently enforce each and every provision. No waiver of any breach of this Agreement shall be held to constitute a waiver of any other or subsequent breach. 12) ENTIRETY. Unless otherwise noted herein,this Agreement,with its Attachments, if any, constitutes the entire Agreement of the Parties hereto with respect to the subject matter of this Agreement, and all previous communications between the parties, whether written or oral with reference to the subject matter of this Agreement, are hereby cancelled and superseded. 13) SEVERABILITY. The provisions of this Agreement are cumulative and supplementary to each Party's rights under the governing laws of this Agreement. However, if any ruling of any court with the jurisdiction of this Agreement, that any one or more of the provision contained in this Agreements shall for any reason be held invalid, illegal or unenforceable in any respect, such as invalidity, illegality or unenforceability shall nor affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein unless the deletion of the provision or provisions would result in such a material change as to cause completion of the transactions contemplated herein to be unreasonable. 14) GOVERNING LAWS AND VENUE. Applicable federal laws and the laws of the State of Florida shall be the governing laws under which this Agreement shall be interpreted, and in the County of Indian River, Florida, shall be the venue for any proceedings related to this Agreement. Page 2 of 4 69 IN WITNESS WHEREOF, the parties hereto executed this Agreement on the date shown below, whereby this Agreement is effective as of the beginning of the Term shown above. American Medical Response Critical Infrastructure Support Group, LLC By: Mr.Joe Flescher Date Scott E. Davis Date Title: Chairman, BCC Title: President &CEO CISG, LLC Attest: Jeffrey R. Smith, Clerk of APPROVED Court and Comptroller By: Deputy Clerk ounty dibinlat�`s kor APPROVED AS TO FORM .... AND LE AL S FI BY WILLIAM K.DEBkAAl DEPUTY COUNTY ATTO RN EY Page 3 of 4 70 ATTACHMENT"A" Initial Zone Deployment— OEP Communications Unit OEP Command 1 Communications Cache 42' Command Trailer 60KW Genset and SATCOM Trailer All SATCOM Charges Additional Zone Deployment— OEP Communications Unit All SATCOM Charges All Personnel Charges Included and based on 12 hours shifts. Page 4 of 4 71 INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF EMERGENCY SERVICES MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Joseph A. Baird, County Administrator FROM: John King, Director ' Department of Emer y S vices FROM: Etta LoPresti, Emergency Management Planner Emergency Management Division DATE: March 19, 2013 SUBJECT: Approval of Resolution Adopting the 2013 Indian River County Emergency Plan for Hazardous Materials. It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: On August 21, 2012,the county commission approved the 2012/2013 State Funded Subgrant Agreement to update Indian River County's Hazards Analysis. The agreement provided adequate funding for the Emergency Management Division to review and modify our Indian River County Emergency Plan for Hazardous Materials. The updated plan was submitted to the Florida Department of Community Affairs/Division of Emergency Management for review. The submitted plan, consisting of over 800 pages, is measured against compliance criteria established by provisions of Section 303 (g) of the Superfund Amendments and Reauthorization Act of 1986 (SARA) and administrative rulings by the State Emergency Response Commission. Per our agreement, the plan is reviewed annually. Currently, Indian River County has 28 agencies which meet the threshold of SARA reporting and review by the Emergency Management Division. On March 12, 2013,the Emergency Management Division was notified by the Florida Division of Emergency Management that our modifications meet the criteria outlined in our Scope of Work and is therefore approved. The Board of County Commissioners' adoption of this plan finalizes the grant agreement between Indian River County and the Department of Community Affairs/Division of Emergency Management. FUNDING: This is a 100%funded agreement to update the county's hazards analysis and review/update the Indian River County Emergency Plan for Hazardous Materials. No match is required by Indian River County. 72 RECOMMENDATION: Staff recommends approval of the attached Resolution and the 2013 Indian River County Emergency Plan for Hazardous Materials. ATTACHMENTS: 1. Resolution approving 2013 Indian River County Emergency Plan for Hazardous Materials. 2. Approval letter from Florida Division of Emergency Management dated March 12, 2013. **Due to its size,the 2013 Plan is on file at the Department of Emergency Services and the Board of County Commissioners Office.** APPROVED FOR AGENDA —, Indian River County dved Date FOR: April 2, 2013 Administrator 31.1 V 13 Legal �j'2$-I �j S Budget BY: Baird Risk Management 3-27(3 County Administrator Department IG 3�a 3 73 RESOLUTION NO. 2013- Resolution of the Board of County Commissioners of Indian River County, Florida, Approving the Indian River County Hazardous Materials Emergency Plan WHEREAS, Chapter 252, Florida Statutes, assigns to the Board of County Commissioners responsibility for disaster mitigation, preparedness, response and recovery; and WHEREAS, with the enactment of the Emergency Planning and Community Right-To-Know Act of 1966, Congress imposed upon Local Emergency Planning Committees and local governments additional planning and preparedness requirements for response to emergencies involving the release of hazardous materials; and WHEREAS, each county within a Local Emergency Planning District is required to develop an Emergency Response Plan for Hazardous Materials to become a component part of the local Emergency Planning District Plan; and WHEREAS, Indian River County's Hazardous Materials Emergency Plan has been reviewed and approved by the Florida State Emergency Response Commission for Hazardous Materials as meeting the criteria for such plans established by the Administrator, United States Environmental Protection Agency and the National Response Team; and WHEREAS, this plan is intended to provide the framework for the development of detailed operating procedures by first response public safety agencies charged with the responsibility of protecting the public's health and safety from the discharge or release of extremely toxic chemicals. 74 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF �., INDIAN RIVER COUNTY, FLORIDA that: Indian River County's Hazardous Materials Plan is hereby adopted. 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 Peter D. O'Bryan Commissioner Bob Solari Commissioner Tim Zorc The Chair thereupon declared the Resolution duly passed and adopted this day of , 2013. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: Joseph E. Flescher, Chairman Attest: Jeffrey R. Smith, Clerk APPROVED AS TO FORM ANZWILLI 4K. FF By: BYEBRAAL Clerk of Court DEPUTI'`COUNTY ATTORNEY 75 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT RICK SCOTT BRYAN W.KOON Governor Director March 12, 2013 Ms. Etta LoPresti Emergency Management Planner Indian River County Department of Emergency Services 4225 43`d Avenue Vero Beach, Florida 32967-1671 Re: Indian River County Hazards Analyses Contract# 13-CP-11-10-40-01-241 Dear Ms. LoPresti: The Florida Division of Emergency Management(DEM) has completed its review of the Indian River County 2013 Hazards Analyses update. The evaluation indicates that the analyses meet the criteria outlined in the contract. Please note that in order to fulfill all requirements of the contract, proof of distribution to the Local Emergency Planning Committee and proof of notification of the availability of the Hazards Analyses information to Section 302 facilities/response agencies is required to be submitted to DEM. In addition, please submit a final payment invoice for $286.20. If you have any questions or require additional assistance, please contact me at (850) 413-9924. Sincerely, Henry ITuer Management Analyst Bureau of Preparedness /ht D 1 V I S 10 N H E A D Q U A R T E R S Tel: 850-413.9969 • Fax: 850-488-1016 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard vw ,F l.orid_aDisasier.o 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 76 • INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director AND Christopher J. Kafer,Jr., P.E., County Engineer FROM: David W. Schryver, P.S.M., County Survey SUBJECT: Perpetual Easement Agreement between Fellsmere 512, LLC and Indian River County DATE: March 20, 2013 DESCRIPTION AND CONDITIONS In connection with the construction of a new Dollar General store on CR512 in the City of Fellsmere, Indian River County has requested, and Fellsmere 512, LLC(owner)has agreed,to grant and convey to Indian River County, a perpetual, non-exclusive easement over, upon and across the easement area as described herein. This easement will be for use by the general public for the purpose of ingress and egress for pedestrian and vehicular traffic.The easement grants to Indian River Countythe right to install �,.. and maintain public utilities within the easement area and assures Indian River County that any future need for road right-of-way within any portion of the easement area will be conveyed. FUNDING There is no funding impact as a result of this easement. RECOMMENDATION Staff recommends the Board of County Commissioners approve the perpetual easement and authorize the Chairman to execute the easement on behalf of the Board. ATTACH M E NTS Non-Exclusive Road Easement Agreement executed by Fellsmere 512, LLC(Grantor) APPROVED AGENDA ITEM FOR: April 2, 2013 Indian River County Approved Date nAdministration 7 3 BY: /Y- Budget Z53 Legal -1.6 Public Works Engineering F:\Engineering\David Schryver\My documents\BCC Agenda Items 2013\Fellsmere 512 LLC.doc 77 i Prepared By and Return to: W.LEE DOBBINS,ESQ. Dean,Mead,Minton&Zwemer 1903 South 25' Street, Suite 200 Fort Pierce,FL 34947 (772)464-7700 Tax Parcel ID No.: 3137-0000-0011-5520-0003:0 NON-EXCLUSIVE ROAD EASEMENT AGREEMENT THIS AGREEMENT,is made and entered into this day of , 2013, by and between FELLSMERE 512,LLC,a Florida lirr�ited Liability company,whose addr,eGs is 147 rd Avenue South,Suite 400,St.Petersburg, Florida 33701,hereinafter referred to as "Grantor",and INDIAN RIVER COUNTY,a municipal corporation existing under the laws of the State of Florida,for the benefit of the public,whose address is 1801 27th Street,Vero Beach, Florida 32960,hereinafter referred to as"Grantee". Whenever used herein the terms"Grantor"and"Grantee"include all parties to this instrument and their heirs, legal representatives, successors and assigns. WITNESSETH: WHEREAS,Grantor is the owner of that certain real property located in Indian River County,Florida, as more particularly described in Exhibit"A", attached hereto and incorporated herein by reference(the`Basement Area`); and WHEREAS,in connection with the development of a Dollar General store(the "Project'),the Grantor has constructed an.access road within the.Easement Area for the benefit of the Project and the public; and WHEREAS;Grantee has requested, and Grantor has agreed to grant and convey to . Grantee, a perpetual,non-exclusive easement over,upon and across the Easement Area for the specific and.limited purposes hereinafter set forth. NOW,THEREFORE,in consideration of the mutual covenants,promises,terms and conditions set forth herein,and for other good and valuable consideration,the receipt and, sufficiency of which are hereby aelmowledged,the parties hereto agree as follows: 1. Ratification. The above recitals are true and correct and by this reference are incorporated as if fally set forth herein: 1 F01567297 78 2: Easements. Grantor hereby grants,bargains and conveys to Grantee, its successors and assigns,a perpetual,non-exclusive easement across, over,and upon the Easement Area,(a)for use by the general public for the purpose of ingress and egress for pedestrian and vehicular traffic to and from properties adjoining CR 512(Fellsmere Road)in order to facilitate traffic.flow to and from such properties and to reduce traffic movement on CR 512, and(b) for use by Grantee,its successors.and assigns, for the installation,operation and maintenance of public utilities. Grantee shall have the right at its sole discretion,but not the obligation to construct,reconstruct,improve,maintain and repair any road or utility improvements within the Easement Area. 3. Grantor's Use. Grantor hereby reserves for itself the right to use the Easement Area for any purpose not prohibited herein and not inconsistent with any ordinance of Grantee, provided however,Grantor's use may not(i)violate any provision of this Agreement,(ii) obstruct persons attempting to construct,install,operate,maintain,repair,replace or inspect public improvements within the Easement Area,(iii)obstruct passage or the use of the Easement Area by the public or(iv)unreasonably interfere with any of Grantee's easements,rights or interests under this Agreement. 4. Murphy Reservation. Grantor hereby acknowledges and agrees that,pursuant to that deed recorded in Official Records Book 32,Page 417 of the Public Records of Indian River County,Florida,an easement for state road right-of-way was reserved unto the State of Florida over the Easement Area,and that the Easement Area is encumbered by and subject to such easement reservation(the'Murphy Deed Easement). Grantor,on behalf of itself, its successors, assigns and successors in title to the Easement Area,hereby waives any obJection to the existence of the Murphy Deed Easement within the Easement Area and by execution hereof, y..r acknowledges and ratifies the existence thereof within the Easement Area. 5. Conveyance of Right-of-Way.. Grantor hereby acknowledges that Grantee may expand CR 512 in the future,by adding additional travel lanes. In the event that Grantee decides to expand CR 512 and Grantee requires right-of-way over the Easement Area for such expansion,then upon written demand by Grantee,Grantor will deliver a deed to Grantee, at no cost to Grantee, conveying to Grantee right-of-way over the Easement Area in fee-simple title. 6. Ownership. Grantor hereby covenants with Grantee that the Grantor is lawfully seized of the Easement Area in fee simple, and that the Grantor has good right and lawful authority to convey the easements established hereby. 7. Miscellaneous. a) Successors and Assigns. The covenants herein contained shall bind,and the benefits and advantages hereof shall inure to,the respective successors and assigns of the parties hereto, and the successors in title to the Easement Area. b) Covenants Running With The Land. This Agreement and the easement established and created hereby, are hereby declared to be,and shall hereafter continue as, covenants running with the title to the Easement Area. Accordingly,the Easement Area shall 2 F0156729.2 79 hereafter be owned,held,transferred, sold,conveyed,demised,devised, assigned,leased, mortgaged,occupied,used and enjoyed subject to the benefits and burdens, as the case may be, of this Agreement and the easement established and created hereby. C) Enforcement. Grantor and Grantee recognize that this Agreement creates a valid enforceable contract between the parties hereto and that either party may enforce the provisions contained herein by seeking all available remedies through the judicial court system and/or through the appropriate administrative agency. d) Entire Agreement. This Agreement contains the entire understanding and agreement between the parties relating to the subject matter hereof,and all prior or extrinsic agreements,understandings,representations and statements,oral or written,are merged herein and/or superseded hereby. There are no other agreements,written or oral,between the parties with respect to the subject matter hereof,except those contained in this Agreement. e) Amendment. This Agreement cannot be modified or amended except by a written instrument executed by the parties hereto and supported by valid consideration. f) Severability. If any provision or part of a provision of this Agreement shall be determined to be void or unenforceable by a court of competent jurisdiction,the remainder of this Agreement shall,to the extent possible to ensure that the Agreement satisfies the intent of the parties,remain valid and enforceable by either party hereto. g) Construction of Agreement. If any provision of this Agreement requires judicial interpretation,the parties agree that they have each collectively participated in the negotiation and drafting of this Agreement and that there shall be no judicial or other presumption against either party regarding the construction of this Agreement. h) Interpretation. Words used in this Agreement in the singular shall be held to include the plural and vice versa,and words of one gender shall be held to include other genders as the context requires. The terms hereof,herein,and herewith and words of similar import shall be construed to refer to this Agreement in its entirety and not to any particular provision unless otherwise stated. i) Attorney's Fees. Should any litigation arise between,among or involving any of the parties concerning or arising out of this Agreement,including,but not limited to, actions for damages,specific performance,declaratory,injunctive or other relief, and whether at law or in equity, and including appellate and bankruptcy proceedings as well as at the trial level, the prevailing party in any such litigation or proceeding shall be entitled to recover reasonable attorneys' fees and costs. j) Applicable Law. This Agreement shall be construed under and in accordance with the laws of the State of Florida. Venue for any lawsuit filed in state court relating to this Agreement shall be in Indian River County,Florida. Venue for any lawsuit filed in federal court shall be in the Federal District court for the Southern District of Florida. 3 r► F0156729 2 80 k) Counterparts. This Agreement may be executed in a number of identical counterparts. If so executed,each of such counterparts is to be deemed an original for�all purposes and all such counterparts shall,collectively,constitute one agreement,but,in making proof of this Agreement, it shall not be necessary to produce or account for more of such counterparts than are required to show that each party hereto executed at least one such counterpart. IN. WITNESS WHEREOF, the Grantor and Grantee have.hereunto set Grantor's and. Grantee's hand and seal the day and year above written*. Signed,sealed and delivered GRANTOR: in the presence of: FELLSMERE 512,LLC,a Florida limited liability company WITNESSES: / --�- By- Name:t Name: .,�s c. 2o..�e Williao C.Lloyd,Managing Member d Print Name: STATE OF FLORIDA COUNTY OF 1-�t `�-1 �5 The foregoing instrument was acknowledged before me this 7-TH .'day of ft a�4 c.�t . ,2013,by William C.Lloyd,as Managing Member of FELLSMERE 512, LLC,a Florida limited liability company,who is personally known tome or who has produced as identification. ayfPublic,State of Florida Ewx ,5" k-9e4 k. G,o 4SARA=WARDPrint Name:CommMy Commission Expires: -"c,�N 3 20ExpireMy Commission No.: C E aqZi C-q 4 `..AW F01567292 81 IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on , 2013. Attest: Jeffrey R. Smith, Clerk INDIAN RIVER COUNTY FLORIDA BOARD OF COUNTY 63MMISSIONERS By By: Deputy Clerk Print Name: Joseph E. Flesher,Chairman (Affoc County Seal) Print Address: 1801 27th Street,Vero Beach, FL 32960 BCC Approval date: Approveds to f ormand Wcy: By V/12 William K. DeBraal, Deputy County Attorney 82 Exhibit"A" PARe�z`� CFfls�avMNEST CaWWR- GYAL REGYa4A5 9QCyC t429 PafG 478 CIF PARM 14 HEST UNE Of PARC£t/F Ll - -- 50,00, A l �j ?' CQ. 54 111 4t7 ZCIAL REGORAff— I- Ca BOOK' 2599, PAGE Iola I j f1F1-7aAL RECORDS w.. BOOK 2599, PAGE 0552 004YRT (i, a (70' RIGHT OF WAY) f` 50.00' cera i LAC vs S DEsamm t '"34z I. --------- POW OF ., OF Fez commcElfim EAsr Agya—cr mY Cr pe *o- OMaAt RECaV5 BOOK fElLSAfiRE FARW 1557. PAGE aY42 NARRf QF.dNYXdAY1fRN CWA17Y5tZY SKETCH OF DESCRIPTION ONLY! THIS IS 1'OT ASURVEYI AAL L A 10 SUR Vim YING SER �S-1 INC, ��j�pyy�y�,�� . ST SK Ci AMO DU A M HAW.WW PRMARED TD COMM MATH AKILrABLE YRALaml tECi1F11CA1. CH Or K+7N WIM7 9TANOARDS AS SE!•FOECiFI B'Y 71iE.FLORXM YOAPD OF PREFES90K46L LANO SuRscyo"W C11M'R1t 6J-17. FL.OROh ROMWI37RAim COOS PUR/UAMF TO SCW)Ck 472.027. FLOM^$ht1U7M - BEAPOM AAE/ABED OR AZMUM 0A.AW ASA OM TrW UW Vf Mf!'AS BEM SFE BASS OP HFJFM M SHE"1 Of'2' zas�s• cc-unl ANORM PCNIS"O C. 3470 [►INTON ROAD �h>E.3-2a-13 P. . &-�" L 32904 SCALE 1'= 40' TOMft4MF sl sounL�RAFrt�n EAST LSWEST MELBOURNE, F L.B. *66213 Page 1 of 2 83 DESCRIP7ION: 50 FOOT NON-EXCLUSIVE ROAD..FASMf-NT PART OF.TRACTS 1552.AND 1641 OF UNSURWWO T2?BNSHIP 31:;soum, RANGE 37 EAST; OF THE EEILattEiiE FARMS C014PANY SUMW.5- IOIV.ACCOOING TO'ThE PLAT'7HENt0F; AS RECORDED 1N:PLAT BOOK 2, pA6FS i AND 2 OF THE PUBLIC R£COiRDS OF ST:LUCIE COYNJY fLORIDA,.iZ:LANDS NOW LYING AND iek IN INDIAN RIVER COUNTY. FLORIDA, MORE PARTICULARLY DESCRIBE. AS FM'' W-S; COMMENCING.AT THE.INTERSEC70V OF THE SOUTHERLY PRO&EC770N OF THE EAST RIGHT--OF-WAY.OF THE FELL3MERE FARMS NOgAt Di RTON D1 mg, A 6Q 00 A60 RtafT-OF WAY AND T7aE NORTH R1G r--0F WAY OF COUNTY ROAD 51.E A 16600 FOOT RIONT-OF. WAY AT.THIS LOCA? Y AS GENTLY OCCUPIED; THOXE E43r.ALONG SAID NOR7H RIGHT.-OF-WAY 1414,93 FEET rO W EAST UAfe OF_A'Cd'RMIN .PARCEL OF LAND DESCRIM IN OFFICIAL RECORDS BOOK 1557 PACE 342 IN 7HE PUBLIC.RECORDS OF INDIAN RIVER COUNTY AND THE POINT OF BEGINNING OF-.7HE FOLLOWNG DES`QQIBED EA3EUBVT,•. THENCE CCb1ITlNUE EAST Aiwa,M10 NORTH RIGHT.OF-WAY'FOV? A DISTAMX OF.250.00 FEET TO 7HE SOU7HNEST CLd&DN OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 1429. PAGE.978, INDIAN RIWR COUNTY, FLORIDA. A$ PARCEL THENCE NORTH Om'"' HEST ALONG THE BEST LINt OF SAID PARCEL 04 FOR A DISTANCE OF 5iJ!00 FEET,• 7HENCE HEST.FOR A DISTANCE OF 250.00 FEET 70 THE EAST UNE OF LANDS DESCRISED IN OFRCIAL RECORDS BOOK 1557 PAGE.342 IN 777E`PUBLIC RECORDS OF INDIAN RIWR COUNTY, FLO MDA, THENCE SOUTH d0'F75 a EAST ALONG SAND EASTERLY LINE F17R A DISTANCE 4F 50.00 FEET TO 7HE NORTH.RIGHT OF WAY UNE OF COUNTY ROUTE.512 AND THF POINT OF BEGINNING. CGW TAmmo.0.231 ACRES.MORE'OR LESS Tax Parcel ID No.: 3137-0000-0011-5520-0003.0 i i i SKETCH OF DESCRIP"RON ONLY! THIS IS NOT A SURVEY! AAL jj �� ��LAY!! SUR VErIN SERICE' 7, //VC, �y� M t ms SI EM4 Aro DUWQ HAl£BEDt MO-MM TO W',MA��NX U"" a1L i L4- gd.fSET �9�IkAVE C00U.PURSUADOAM NT TO 39. ON 472.427. .F1aRiOh STATUTES DESCRM A @EARIHC9 ARE CASED ON AS5UIE0 DATUM AND ON THE UNE SH01Mr',tS'6ENQ INE CASH OF BFl1RlN06, SHEET 2 OF 2 #yR,�46-50ACC—LITR pATE6S—�e-s ANQREfA� W PQY1smw 3970 MtNTON. ROAD MW SHR 31 SOUTH.MOW 37 EAST P.L. � WEST MELSDURNE, FL. 32904. 3GNEs T. 40 (327) 768-8110 L B. �F66�3 Sam Page 2 of 2 84 CONSENT AGENDA INDIAN RIVER COUNTY DEPARTMENT OF GENERAL SERVICES Human Services Department DATE: April 2, 2013 TO: The Honorable Board of County Commissioners THRU: Joseph A. Baird, County Administrator THRU: Michael Zito, Assistant County Administrator FROM: Brad Bernauer, Human Services Director/wu yll,��_ SUBJECT: Children's Services Advisory Committee//'s Recommendation RFP # 201329 New Focus Areas for 2013-14 and Sample Agency Contract to be Used. BACKGROUND: On March 19, 2013, the Board of County Commissioners approved funding_ for Children's Services agencies in the total amount of$623,890 for fiscal year 2013/14. Attached, please find copies of the Children's Services Advisory Committee's recommendations for the RFP #201329 for the funding year 2013-14. Included are Sample Agency Contract for 2013-14 and the revised Focus Areas for 2013-14, as recommended by the CSAC Needs Subcommittee and approved by the CSAC. The purpose of this request is to obtain the Board of County Commissioners' approval of the attached RFP # 201329, the Focus Areas and the Children Services Advisory Committee Funding Contract for 2013-14 to be executed by the agencies. This contract is the same as the contract used in previous years. RECOMMENDATION: Staff recommends that the Board accept the RFP #201329 for 2013-14, Focus Areas and Agency Contract as submitted and authorize the Chairman to execute the individual contracts. ATTACHMENTS: CSAC 2013-14 Core Application CSAC 2013-14 Core Application—Budget Narrative Worksheet Instruction—CSAC 2013-14 Core Funding Application IRC Specific Application 2013-14 EXHIBIT 1 CONTRACT-SAMPLE—DO NOT EXECUTE Focus Areas 2013-14 APPROVED AGENDA ITEM Indian River Co Approved D to Admin BY: Legal W Josep Budget A. Baird, County Administrator Department is Risk Manager FO : April 2, 2013 85 Edit this Header. Type the organization and program name and the funder for whom it is being completed. The page#is already set at the bottom right of every page. ORGANIZATION: PROGRAM: 2013/14 CORE APPLICATION TABLE OF CONTENTS "X"the parts of grant application to indicate inclusion. Also,please put page number where the information can be located. X1 Section of the Proposal Pa e # TABLE OF CONTENTS (check list)............................................................ 1 PROGRAM COVER PAGE (with signatures)................................................ 2 A. ORGANIZATION CAPABILITY (one page maximum) 1. Mission and Vision of organization............................................................. 3 2. Summary of expertise, accomplishments, and population served........................... 3 B. PROGRAM NEED STATEMENT (one page maximum) 1. Program Need Statement............................................................................... 4 2. Programs that address need and gaps in service............................................... 4 C. PROGRAM DESCRIPTION(two pages maximum) 1. Funding priority.................................................................................... 5 2. Description of program activities................................................................ 5 3. Evidence that program strategy will work...................................................... 5 4. Staffing............................................................................................... 5 5. Awareness of program............................................................................. 5 6. Accessibility of program........................................................................... 5 D. MEASURABLE OUTCOMES & ACTIVITIES MATRIX (Four outcomes maximum)....................................................................................................................... 6-10 E. COLLABORATION(one page maximum) .................................................... 11 F. UNDUPLICATED CLIENTS 1. Projections by Location............................................................................ 12 2. Projections by Age Group ........................................................................ 12 G. FUNDER SPECIFIC REQUIREMENTS................................................... 13 K BUDGET (Separate MS Excel file)............................................... 13 1 86 Edit this Header. Tyne the organization and program name and the funder for whom it is being completed. The page#is already set at the bottom right of every page. PROGRAM COVER PAGE Organization Name: Executive Director: E-mail: Address: Telephone: Fax: Program Director: E-mail: Address: Telephone: Fax: Program Title: Priority Need Area Addressed: Brief Description of the Program: SUMMARY REPORT—(Enter Information In The Black Cells Only) **If request increased 5%or more, briefly explain why: If these funds are being used to match another source, name the source and the $ amount: The Organization's Board of Directors has approved this application on (date). Name of President/Chair of the Board Signature 87 Edit this Header. Type the organization and program name and the funder for whom it is being completed. The page#is already set at the bottom right of every page. PROPOSAL NARRATIVE Please respond to each question in the allotted space for each section. In responding to each section of the proposal narrative, please retain the section-label and question that you are addressing. Do not change the Times New Roman 12 pt. font or other settings. Directions, such as these, may be deleted if space is needed, but again, do NOT delete the Section headers or the numbered questions A. ORGANIZATION CAPABILITY (Entire Section A not to exceed one page. Box will Lx pand as you type.) 1. Provide the mission statement and vision of your organization. 2. Provide a brief summary of your organization including areas of expertise, accomplishments, and population served. 4 89 Edit this Header. Tyne the organization and program name and the funder for whom it is being completed. The page#is already set at the bottom right of every page. B. PROGRAM NEED STATEMENT (Entire Section B not to exceed one page. Box will eland as fou type) 1. a)What is the unacceptable condition requiring change? b) Who has the need? c) Where do they live? d)Provide local, state, or national trend data, with reference source, that corroborates that this is an area of need. 2. a) Identify similar programs that are currently serving the needs of your targeted population; b) Explain how these existing programs are under-serving the targeted population of your program. t.r.. 5 90 Edit this Header. Type the organization and program name and the funder for whom it is being completed. The page#is already set at the bottom right of every page. C. PROGRAM DESCRIPTION (Entire Section C, 1 — 6, not to exceed two pages. Box will expand as you type) 1. List Priority Needs area addressed. 2. Briefly describe program activities including location of services. 3. Briefly describe how your program addresses the stated need/problem. Describe how your program follows a recognized "best practice" (see definition on page 12 of the Instructions) and provide evidence that indicates proposed strategies are effective with target population. 4. List staffing needed for your program, including required experience and estimated hours per week in program for each staff member and/or volunteers (this section should conform to the information in the Position Listing on the Budget Narrative Worksheet). 5. How will the target population be made aware of the program? 6. How will the program be accessible to target population (i.e., location, transportation, hours of operation)? 6 91 Edit this Header. Type the organization and program name and the funder for whom it is being completed. The page#is already set at the bottom iight of every page. D. PROGRAM OUTCOMES AND ACTIVITIES MATRIX. 3 - 4 program outcomes only. One matrix table per outcome. Each matrix table must not exceed two (2) pages. �. (NOTE: Boxes for Outcomes and cells in Matrix tables will expand as you type.) Do not include this description age in the submitted proposal. Outcomes: In general, a program should have 3-4 program outcomes. The Outcome indicates the measurable impact or change the program will have on the clients its serves. The outcome should detail the results of the services provided, not the services provided. Outcomes utilize action words such as maintain, increase, decrease, reduce, improve, raise and lower. Please incorporate the following into the outcome description: * Direction of change * Time frame * Area of change * As measured by * Target population * Baseline: the number you will be measuring against * Degree of change Example Outcome: To decrease (direction of change) number of unexcused absences (area of change) of enrolled boys and girls (target population) by 75% (degree of change) in one year (timeframe) as reported by the 2012/13 School Board attendance records (as measured by). Baseline: 2012/13 School Board attendance records for enrolled boys and girls. Activities Matrix: The matrix is designed to identify specific activities the program will provide to achieve the stated outcomes. The matrix identifies: 1) the specific activity; 2) how often the service/activity is provided; 3)who, by position, is responsible to deliver the service/activity; and 4) expected change in client from providing service/activity. In addition, the matrix is designed to capture the evaluation of services provided: 5) indicator or measurement of change; 6) source of measurement; and 7) how frequently it is measured. A separate PROGRAM OUTCOMES AND ACTIVITIES MATRIX needs to be completed for each outcome. Use a separate row for each activity and group activities under their related outcomes. To add more rows, if needed, simply locate the cursor at the last cell in the last row and press the"TAB"button on the keyboard. See examples provided in the instructions. IMPORTANT NOTE: Keep in mind when developing PROGRAM OUTCOMES that, if funded, these will be what you are accountable to accomplish. Also, the PROGRAM OUTCOMES should reflect the information described in the PROGRAM NEED STATEMENT (B.1.). All PROGRAM NEED STATEMENTS should flow from the MISSION & VISION. MEASURABLE OUTCOMES should be based on and measure program needs. Activities are the tasks you do to influence the outcome and impact the unacceptable condition in your PROGRAM NEED STATEMENT. (B.1.). 7 92 Edit this Hf. . Type the organization and program name and the funder for whom it is being complete( �page#is already set at the bottom right of every page. (Boxes will expand as you type.) Outcome# 1: Program Design & Task Management Evaluation Design & Data Collection (Columns 1-4) (Columns 5-7) 1 2 3 4 5 6 7 Program Frequency Responsible Parties Expected Indicator Data Source Time of Activities (how often) (who) Outcomes/change(why) Measurements (where) Measurement(when) (what) (evidence) Cfl 8 W Edit this His alre•Type the organization and program name and the funder for whom it is being complete ;page#is already set at the bottom right of every page. (Boxes will expand as you type.) Outcome#2: Program Design & Task Management Evaluation DesiEn & Data Collection (Columns 1-4) (Columns 5-7) 1 2 3 4 —� 5 6 7 Program Activities Frequency Responsible Expected Indicator Data Source Time of (what) (how often) Parties(who) Outcomes/change Measurements (where) Measurement (why) (evidence) (when) 9 Type the Organization and Program Name IV SALARIES ► Gross ►l pl %of Gross Annual OOSITION LISTING Annual Salary Portion of Salary on Proposed Funder Specific Budget Salary � asition Title/Total Hrs/wk (Agency) Program Requested(CIA) Example: Executive Director140 h- 70,000.00 10,000.00 5,000.00 7.14% #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/o! #DIV/0! #DIV/0! #DIV/0! #DIV/o! #DIV/0! #DIV/0! #DIV/0! #DIV/0! #DIV/0! Remaining positions throughout the agency $0.00 $0.00 $0.00 #DIV/0! Total Salaries "RINGE BENEFITS DETAIL 111 IV V Vl Vli (Funder Specific Budget I Funder 11 Pension Health Worker's Unemployme Total Fringes Funder Column C only,from line 21 to 26) Specific Budget FICA 7.65% (A x%) Ins. Compens. nt Compens. Specific Position Title/Total Hrs/wk Example: Case Manager/40 hrs 5,000.00 382.50 200.00 500.00 300.00 200.00 1,582.50 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 0 0.00 0.00 0.00 01 0.00 0.00 0.00 0 0.001 0.00 0.00 Total Funder Request Fringe Benefits-L $0.0010.00 $0.001M0.00 $0.001 $0.00 0.00 B-1 3/19/2013 1 0 1 Instructions for the 2013/14 Core Funding Application GENERAL INSTRUCTIONS Please follow the instructions for completion of the Core Application for Funding. The Children's Services Councils and Advisory Committee and the United Ways of St. Lucie, Martin, and Indian River Counties support this core application for FY 2013-14. The application this year is in two electronic files. The file entitled 2013-14 vCore Application is a Word file used for your program narrative description. You also have an Excel spreadsheet file named 2013-14 Budget Forms that contains the required fiscal forms. These files and an Instruction file are available at the funders' offices. If you use a printed version instead of the electronic,please double-check all of your calculations for accuracy. Be advised that the funders support this core application, however each funder may have different individual priorities and require different portions to be completed for that funder. Each funder may have specific penalties if required items are not included. Please carefully review the instructions for the funders to whom you are applying. Each funder requires an individualized application for each program. The use of core items in the narrative and fiscal sections should simplify application for the same program to several funders. CORE APPLICATION Page 1 Table of Contents. Header: Edit this Header. Type the name of your organization and the program name and the funder for whom it is being completed. The page # is already set at the bottom right of every page. This header will, once edited, appear on the top of every page of the narrative. NOTE: When you open the Financial Forms (MS Excel file), you will need to edit the header of each of those pages separately. Enter the name of your Organization and the name of the Program requesting funds. Required information. Use the Table of Contents as your Application Checklist. Enter an X for each completed item and enter the page# for its location in the application. Required information. Page 2 Program Cover Page. Required information. ➢ Complete the indicated information for the requesting Organization. ➢ Complete requested information for the Program to be funded. See specific Funder requirements for Program Funding Period. State the Priority Need Area to be addressed in accordance with specific Funder requirements. ➢ Brief Description of the program should be as focused and brief as possible. This is the summary used to describe your program. ➢ Complete financial and statistical data summary. r 1 102 IMPORTANT.- To access the Excel box, move your cursor inside the box and double click. Enter all of the information in the requested areas, except for the cells in blue (formulas are in place) To exit the box, move your cursor outside the Excel box and click once. AIE chap,-es made to information in the box are saved when the Word document is saved. ➢ These numbers should not be duplicative of each other and should be a reasonable expectation, given the size and scope of the program. ➢ The client figures and amounts used on this page must be consistent with those used later in the Narrative, Unduplicated Client Count, and Fiscal Sections of this application: ■ Summary of budget totals and request. ■ The estimated number of children to be served via individual services. ■ The estimated number of adults to be served via individual services. ■ The estimated number to be served via services in a group setting. ➢ If the request has increased 5% or more, briefly explain why. The signing of the application by both the Chief Board Officer and the Chief Professional Officer for the Organization is required. Include one original signed proposal, and see specific Funder requirement for the number of copies required. Page 3 Proposal Narrative begins (Do not change the 12 pt. Times New Roman font or any page settings.) Section A. Organization Capability (Entire Section A not to exceed one page. Box will expand as you type.) Complete the narrative items as indicated in the directions for each block within the stated page length for Section A. Although the boxes will expand as you type, address that item as concisely as possible and stay within the one page limit requirement. Al refers to the overall Organization. A2 should reflect your organization and the areas of concern relating to the program in this application. Page 4 Section B - Program Need Statement (Entire Section B not to exceed one page. Box will expand as you type.) B1 When completing this section, answer the questions as directly as possible. You are describing the specific unacceptable condition that is addressed by your program. Provide an accurate description of your target population. Provide data and references that this is a substantiated condition or situation in our community. See specific Funder requirements. B2 When completing this section, make sure that you have carefully reviewed and surveyed existing programs in the county. Collaboration is expected to better serve the community and fill existing gaps in services. Please identify other programs serving this priority need and explain how your program will provide for additional services or serve additional clients. Unnecessary duplication of IMMW services is to be avoided. See specific Funder requirements. 103 Page 5 Section C- Program Description (Entire Section C, 1-6, not to exceed two pages. Box will expand as you type.) Stay within the page limit for the section. Be as specific and understandable as possible and focus on the indicated subject for each area. The end result of this section is to have a comprehensive understanding of what your program will accomplish in the community and how you intend to achieve your results. C1 The priority needs posted on the cover page is linked to this section. Do not enter anything. C2 Program activities and services description. ➢ Explain the activities, services, and general results to be provided by this program. ➢ Address the process and intended outcomes of the program. The reader should have a good understanding of client involvement from start/referral to finish/program exit. ➢ The expected outcomes and changes for the client and the community should be clearly stated. (Detailed Measurable Outcomes will be covered in Section D.) ➢ The client's choices, participation, and influence on service provision should be evident, as well as any cycle of activities that are program requirements. ➢ Follow up after exit from the program should be done to determine any long-term effect from activity involvement and impact from the program over time. This follow up should also be incorporated into program improvement efforts (Section G-Timetable). ➢ See specific Funder requirements. C3 Specifically address how the unacceptable condition from Section B1 will be reduced by the efforts of the program and involvement of the client. Describe how your program follows a recognized "Best Practices" approach (see definition on page 15), and show how the proposed strategies or program components are effective with the targeted population. C4 Briefly describe the staffing requirements of the program. What skills and abilities are needed by the staff to make this program successful? Do you have specific people in mind for program staff? Information here should conform to that in the Position Listing on the Budget Narrative Worksheet. C5 Describe how you propose to make the target population aware of the availability of this program. How will you incorporate other community resources in this process? How will you promote the program? Do you have community/program partners with signed agreements that will help in this area? C6 What will you do to make the program accessible to the population that you want to involve? What will attract the target population to your program? What will keep them coming back? 3 104 Pages 6-10 Section D — Program Outcomes and Activities Matrix (Not to exceed 3-4 outcomes. One matrix table per outcome. Each matrix not to exceed two (2)pages) Outcome: In general, a program should have 3-4 program outcomes. The Outcome indicates the measurable impact or change the program will have on the clients its serves. The outcome should detail the results of the services provided, not the services provided. Outcomes utilize action words such as maintain, increase, decrease, reduce, improve, raise and lower. Please incorporate the following into the outcome description: * Direction of change * Time frame * Area of change * As measured by * Target population * Degree of change * Baseline: the number you will be measuring against Example Outcome: To decrease (direction of change) number of unexcused absences (area of change) of enrolled boys and girls (target population) by 75% (degree of change) in one year (time frame) as reported by the 2012-13 School Board attendance records (as measured by). Baseline: 2012-13 School Board attendance records for enrolled boys and girls. Activities Matrix: The matrix is designed to identify specific activities the program will provide to achieve the stated outcomes. The matrix identifies: 1) the specific activity; 2) how often the service/activity is provided; 3) who, by position, is responsible to deliver the service/activity; and 4) expected change in client from providing service/activity. In addition, the matrix is designed to capture the evaluation of services provided: 5) indicator or measurement of change; 6) source of measurement; and 7) how frequently it is measured. lv.. A separate PROGRAM OUTCOMES AND ACTIVITIES MATRIX needs to be completed for each outcome; each matrix should not exceed two (2) pages. Use a separate row for each activity and group activities under their related outcomes. To add more rows, if needed, simply locate the cursor at the last cell in the last row and press the "TAB" button on the keyboard. See examples provided at the end of the instructions. IMPORTANT NOTE: Keep in mind when developing PROGRAM OUTCOMES that, if funded, these will be what you are accountable to accomplish. Also, the PROGRAM OUTCOMES should reflect the information described in the PROGRAM NEED STATEMENT (B.1.) All PROGRAM NEED STATEMENTS should flow from the MISSION & VISION. MEASURABLE OUTCOMES should be based on and measure program needs. Activities are the tasks you do to influence the outcome and impact the unacceptable condition in your PROGRAM NEED STATEMENT. 4 105 Program Outcomes and Activity Matrix EXAMPLES ---------------------------------- PROGRAM OUTCOME AND ACTIVITIES Outcome: Increase academic performance as measured by pre and post tests from Skills Bank software and/or grade point averages for 75% of participants attending at least one month in the program. Baseline: Skills Bank—Pre-test upon entering program; grade point average - first grading period Program Design&Task Management Evaluation Design&Data Collection (Columns 1-4) (Columns 5-7) 1 01 3 4 5 7 Program Frequency Responsible Expected Indicator Data Time of Activities (how Parties Outcomes/change Measurements Source Measurement (what) often) (who) (why) (evidence) (where) (when) Complete Five days a Tutors Increase academic Scores on Skills Bi-monthly academic week for 1 skills Skills Bank Bank training hour per software exercises day on Skills Banks Software Provide Five days a Tutors Increase in School grades Report 9 week assistance week for 1 academic Cards progress in hour per performance reports completing day homework Increase in Completed assignments confidence to homework Daily log complete school assignments work 5 106 PROGRAM OUTCOME AND ACTIVITIES Outcome: Maintain the reduction in risk factors (by at least one) for a period of one year, for 90% of the families who have successfully completed the program as measured by the risk assessment tool. Baseline for 04-05 was 100%. Program Design&Task Management Evaluation Design &Data Collection (Columns 1-4) (Columns 5-7) 1 22 3 4 5 ©1 7 Program Frequency Responsible Expected Indicator Data Time of Activities (how Parties Outcomes/change Measurements Source Measurement (what) often) (who) (why) (evidence) (where) (when) Provide in- 1 hour Home Increase parenting Family Family Monthly home once a visitor skills observation files family week for worker visitations 12 weeks Family to receive to provide proper services family from outside support agencies (parenting skills)and referrals Provide 2 hours Social Increase in family Progress in Family Monthly family once a worker coping skills counseling files counseling week for 12 weeks Resolve family Participation in issues counseling ,M.. 6 107 PROGRAM OUTCOME AND ACTIVITIES Outcome: 85% of enrolled youth in the program for at least three months will not become involved with juvenile justice system as measured by reports obtained by DJJ every 6 months. Baseline: status ofo�pon entering program Program Design&Task Management Evaluation Design&Data Collection (Columns 1-4) (Columns 5-7) 1 0 3 4 5 ©1 7 Program Frequency Responsible Expected Indicator Data Time of Activities (how Parties Outcomes/change Measurements Source Measurement (what) often) (who) (why) (evidence) (where) (when) Provide 4 times a Program Increase in school Better grades Report Every 9 week after school week for Tutors grades and cards grade report tutoring lhour each attendance school cession a tendanct Provide 1 time Guest Increase ability to Completion of Client Weekly anger every other speaker— cope during pre/post test files (observation) management week for Counselor stressful or indicating sessions 1.5 hours from xyz confrontational increase in Completed program situations skills test(every other week) Staff observation Provide 5 times a Recreation Maintain active Consistent Sign-in Weekly structured week for 2 specialist participation in participation of sheets review of after school hours program that youth in attendance recreational Music provides a safe program for all roster activities Specialist alternative 5 days including music, Program recreation, director and computers 7 Q 108 Page 11 Section E- Collaboration Listing(Entire Section E not to exceed one page) Your program is a part of the larger community, including home, neighborhood, and school, in which your clients live and function. Incorporate working with other organizations into your plan and make the best use of your combined resources. Plan these working relationships into your program with a clear understanding of what each program will bring into the process for the benefit of the clients being served. Your program resources are to benefit your community partners and the clients that they serve. Page 12 Section F- Unduplicated Clients IMPORTANT. To access each Excel table, move your cursor inside the box and double click. After entering the data, move your cursor outside the Excel box and click once. Location Section - Provide counts for last fiscal year, current fiscal year, and projected fiscal year for the program. The Location table requests information for the total number of unduplicated clients across the locations served by your program. The three sets of columns allow for entry of figures for the Last Fiscal Year (2011-12), the Current Fiscal Year (2012-13), and the Projections for the Fiscal Year for which you are applying (2013-14). This data allows for comparison between what was accomplished in the last complete year, what has occurred so far in the current year, and what you expect to achieve in the coming year for which you are requesting funds. See specific Funder requirements. While your program may not serve more than one county, this table allows for data entry by programs that cover multiple locations. Please be as accurate as possible with these figures, as the funders may require documentation. Age Group Section - Provide counts for last fiscal year, current fiscal year, and projected fiscal year for the program. The Age Group Section is similar to the prior section and allows for entry of unduplicated client data by individuals and by group for the same referenced timeframes. This data entry allows the funder to see the population that you serve broken into both age groupings and by individual or group based services. The data for those served as individuals and by group services should not be duplicative. The Totals Served in both sections should match. The figures from these sections must be in agreement with those used on the Cover Page and in the other Narrative sections. 8 109 Page 13 Section G. FUNDER SPECIFIC SHEETS REMEMBER TO CHECK INDIVIDUAL FUNDER low INSTRUCTIONS FOR ANY FURTHER REQUIREMENTS OR ADDITIONAL FORMS This is the end of the program narrative section of the application. 9 110 Page 13 Section H. Budget Forms 2013-14 BUDGET APPLICATION INSTRUCTIONS The budget forms for the 2013-14 application are in a separate MS Excel file named"CSAC 2013-14 Budget Forms". General Instructions: Edit the Header to indicate the Organization and program name, the particular funder for whom this application is intended, and the page number. BUDGET NARRATIVE WORKSHEET— PART ONE (1St worksheet tab) NOTE: DO THIS WORKSHEET FIRST! This is the first tab at the bottom of the Excel worksheet. Work entered here will automatically transfer to other worksheets. Toward the top of this worksheet, please enter the Agency Name, Program Name and Funder. Column Descriptions: The purpose of the Budget Narrative Worksheets is to provide detail to justify the amount requested and posted in each line item of the budget for your program. From this worksheet, your figures will be linked to the Total Agency Budget— Column C and Total Program Budget— Column C and the Total Funder Specific Budget. CAUTION: Do not enter any figures or formulas where a cell is colored in dark blue. The dark blue print indicates that formulas and/or links are in place. Column A: This column should show the Proposed Total Program Budget. This column is linked to Total Program Budget Form—Column C. Column B: This column should show the Proposed Total Funder Specific Budget. This column is linked to Total Funder Specific Budget Form. Column C: This column should show the Proposed Total Agency Budget. This column will be linked to Total Agency Budget Form—Column C. BUDGET NARRATIVE WORKSHEET- PART ONE Part One contains the "Revenues Section" — Lines 1 through 20 and "Salaries and Fringe Benefits"—Lines 21 through 26. Sources of revenue (Lines 1 —20) must be entered manually in the columns as indicated above. Totals for Salaries (Line 21) will be automatically transferred from the Salaries Detail Section which begins on Worksheet Line 46. Totals for Fringe Benefit costs (Lines 22 — 26) must be entered manually in the Total Program, Total Funder Specific and Total Agency columns. 10 111 Edit this ki Type the organization and program name and the funder for whom it is being complete --page#is already set at the bottom right of every page. (Boxes will expand as you type.) Outcome#3: Program Design & Task Management Evaluation Design & Data Collection (Columns 1-4) (Columns 5-7) 2 3 4 5 6 7 Program Activities Frequency Responsible Expected Indicator Data Source Time of (what) (how often) Parties(who) Outcomes/change Measurements (where) Measurement (why) (evidence) (when) Co 10 C31 Edit this I Type the organization and program name and the funder for whom it is being completl :page#is already set at the bottom right of every page. (Boxes will expand as you type.) Outcome#4: Program Design & Task Management Evaluation Design & Data Collection (Columns 1-4) (Columns 5-7) 1 23 4 I ' 6 7 Program Activities Frequency Responsible Expected Indicator Data Source Time of (what) (how often) Parties(who) Outcomes/change Measurements (where) Measurement (why) (evidence) (when) 11 Lo M Edit this Header. Type the organization and program name and the funder for whom it is being completed. The page#is already set at the bottom right of every page. E. COLLABORATION (Entire Section E not to exceed one page) 1. List your program's collaborative partners and the resources that they are providing to the program beyond referrals and support. (See individual funder requirements for inclusion of collaborative agreement letters.) (NOTE: COLLABORATIVE AGREEMENT LETTERS ARE NOT REQUIRED BY ANY OF THE UNITED WAYS USING THIS CORE APPLICATION.) Collaborative Agency Resources provided to the program 12 97 Edit this Header. Type the organization and program name and the funder for whom it is being completed. The page#is already set at the bottom right of every page. F. UNDUPLICATED CLIENTS Number of Unduplicated Clients by Age v I' Current Fiscal Year q sur ry, Location Budget 2012/13 I a ( �� `` Individuals Group xi7" of ., P _. 0 to 4-(Pre-school) - - - - - - 5 to 10- (H ementary) - 11 to 14- (Middle) - - - - - - 15 to 18 -(High School) - - - - - - Total Children - - - - - - 19 to 59-(Adults) - - - - - 60+(Seniors) - - - - - Total Adults - - - - - - TOTAL SERVED - - - - - 13 98 Edit this Header. Type the organization and program name and the funder for whom it is being completed. The page#is already set at the bottom right of every page. G. FUNDER SPECIFIC REQUIREMENTS —refer to Funder Specific Request For Proposal instructions. H. BUDGET FORMS —The budget forms are in a separate Excel file named "CSAC 2013- 2014 Budget Forms". Refer to Funder Specific instructions for instructions opening this file. In the Excel file you will find the following worksheet tabs: 1. Budget Narrative Worksheet—Part One 2. Budget Narrative Worksheet—Part Two 3. Total Agency Budget 4. Total Program Budget 5. Total Funder Specific Budget 6. Explanation for Variances Make sure to print all the forms by going to each tab and selecting the Print icon, or click on File, Print, Entire Workbook. 14 99 Type the Organization and Program Name 2013/14CORE APPLICATION BUDGET NARRATIVE WORKSHEET - PART ONE , ,. Revenues: Line 1 - 20 & Salaries/Fringes: Lines 21 - 26 IMPORTANT: The Budget Narrative should provide details to justify the amount requested in each line item of the budget for your program. From this worksheet, your figures will be linked to the Total Agency Budget, Total Program Budget and Funder Specific Budget. AGENCY: PROGRAM NAME: FUNDER: ----------------.._..-------------------------------.._..-------------------------------------. j CA ON: Do not enter any figures where a cell is colored in dark blue-Formulas and/or links are in place. j REVENUES 7Proposed Total Program Budget Funder Specific Total Agency Budget Budget 1 Ghildren's Services Council-St.Lucie 2 Children's Services Council-Martin 3 Advisory Committee-Indian River 4 United Way-St.Lucie County 5 United Way-Martin County 6 United Way-Indian River County 7 Department of Children&Families 8 County Funds :)ntributions-Cash rogram Fees 11 Fund Raising Events-Net 12 Sales to Public-Net 13 Membership Dues 14 Investment Income 15 Miscellaneous 16 Legacies&Bequests 17 Funds from Other Sources 18 Reserve Funds Used for Operating 19 In-Kind Donations(Not included in total) 20 TOTAL REVENUES (doesn't include line 19)1 $0.00 $0.001 $0.00 B C EXPENDITURES Proposed Total Program Budget Funder Specific Total Agency Budget Bud et 21 Salaries-(must complete chart on next page) 0.00 0.00 0.00 22 FICA-Total salaries x 0.0765 Retirement Annual pension or qua i le 23 staff Life/Health- a Ica enta ort-term 24 Disab. Workers Compensation employees x 25 rate ori a nemp oymen - projected 26 employees x$7,000 x UCT-6 rate 3/19/2013 B-1 100 BUDGET NARRATIVE WORKSHEET— PART TWO (2nd worksheet tab) NOTE: DO THIS WORKSHEET AFTER COMPLETING PART ONE. As with Part One, work entered here will automatically transfer to other worksheets. Part Two contains the "General Expenditures Section"—Lines 27 through 48. The format provides for entering information about different expenses within a given line item as noted below. Note that the details included in this narrative apply to the Program Budget only. Column 1: A narrative description—a brief explanation of the item(s) and its use. Column 2: A calculation narrative for each expense within line item. Column 3: Manually enter the total program expense for each item listed. Column 4: Manually enter the total funder specific expense for each item listed. Column 5: Manually enter a total for the Agency for this line item. NOTE: The line item totals for the program (Column 3), the funder specific expenses (Column 4) and for the agency (Column 5) will automatically link to other budget worksheets. EXAMPLE for Line Item 28 Travel, Conferences & Training: Column 1: a) state conference auto travel; b) state conference registration c) state conference hotel & per diem Column 2: a) Orlando conference @ 250 miles @ 48.5 cents/mile; b) 2 @ $250; c) 2 rooms x 2 nights x$150/room Column 3: a) $122; b) $500; c) $600 Column 4: Whatever portion of Column 3 you want the specific funder to pay for Column S: Whatever the total Travel, Conferences & Training is for the AGENCY TOTAL AGENCY BUDGET (3`d worksheet tab) and TOTAL PROGRAM BUDGET (4th worksheet tab) Column Descriptions: The five columns of the Total Agency Budget and the Total Program Budget are to provide historical, current, and proposed budget information regarding the program. Column A: This column should show the actual amounts received and expended for the last full fiscal year that has passed. (These are usually audited figures.) Column B: This column should show the budgeted amounts for the current fiscal year. Do not leave any cells blank, rather enter a zero (0) if you have not budgeted certain revenues or expenses. 11 112 Column C: Unless you skipped the Budget Narrative Worksheet, this column will automatically show the budgeted projections for next fiscal year—the year for which this application is being submitted. Column D: This column will automatically calculate the percentage increase from the current fiscal year budget (Column B) to the next fiscal year budget (Column D). TOTAL FUNDER SPECIFIC BUDGET (5th worksheet tab) Enter the Agency Name, Program Name and Funder information at top of this budget form. All other data in the form will automatically be transferred from the other worksheets. VARIANCES EXPLANATION (6TH worksheet tab) The Funders are concerned with the rising costs of service provision. Dwindling state resources are resulting in increasing requests to local funding sources. The Funders are requesting more explanation and justification for program request increases. Completion of the Total Program and Funder Specific Budget sheets will automatically generate information on increases from the prior year. Any increase of 15% or more will require an explanation to be entered for that line item on the Variances Explanation worksheet (5t" tab). All line items with such a percentage will automatically have those line item labels listed on the Variances Explanation worksheet. If you are completing your form manually, you will have to calculate the percentage increase yourself and enter explanations for any line items with an increase of 15% or more. 12 113 CHART OF ACCOUNTS NOTE: This application is intended for use by multiple funders. Not all line items apply to all funders. Check individual funder specifications for exceptions. Revenue Descriptions: Note: If funds are received from a source not listed, enter the amount in line 17 "Other" and provide an explanation in the narrative. 1-3 Children's Services Councils: Amounts received from the named Children's Services Councils. 4-6 United Ways: Amounts received from the named United Ways. 7 Department of Children and Families: Amounts received from the Department of Children and Families. 8 County Funds: Amounts received from local county governments. Please list the source counties in the budget narrative. 9 Contributions-Cash: Amounts received from cash contributions. 10 Program Fees: Fees received from customers for services provided by the program. 11 Fund Raising Events-Net: Net proceeds from special fund raising events conducted by the program. Show details of each event in the budget narrative to include for each event: Gross Revenues Expenses Net Proceeds 12 Sales to Public-Net: Net proceeds from sales of publications, supplies, and other items to the public. Show details of each type of sale in the budget narrative to include for each type of sale: Gross Revenues Expenses Net Proceeds 13 Membership Dues: Amounts received for memberships in the organization. 14 Investment Income: Interest, dividends, rentals, endowment earnings, and Royalties on any type of investment. All investment income, regardless of type and origin, should be reported here. 15 Miscellaneous: Funds not pertaining to any other revenue accounts listed (e.g., Cost of Goods Sold). 16 Legacies and Bequests: An unrestricted planned gift or endowment available for operating expenses. 17 Funds from Other Sources: Funds allocated from private sources and United Ways, Children's Services Councils, and governmental sources not otherwise listed. 18 Reserve Funds Used for Operating: Funds taken from the reserve fund balance to provide for a balanced budget/offset a deficit budget. 19 In-kind Donation: Value of services provided by the operating agency/program to support program operation. 20 TOTAL: Add lines 1 through 18 for total agency and program revenue. Does not include In-Kind Donations. 13 114 Expenditure Descriptions: 21 Salaries: All program salaries including full-time,part-time, and temporary staff. 22 FICA: The employer's mandatory 7.65% payment for Social Security. This calculation is only the employer's share of FICA. FICA should not be calculated for contract employees. 23 Retirement: The employer's share for program employees' retirement. Enter the percentage used to calculate this benefit. 24 Life/Health: The employer's share for any life and/or health (medical) insurance program the employer offers its employees. Enter the dollar amount budgeted for Life/Health Insurance. Then calculate and enter the percentage of total salaries that the Life/Health Insurance equates to. 25 Workers Compensation: The amount paid for workers' compensation insurance, as assigned by the carrier. Enter the percentage used to calculate this cost. 26 Florida Unemploy ent: The amount paid for unemployment insurance (applies to the first $7,000 of wages). Enter the percentage used to calculate this cost. 27 Travel-Daily: Mileage costs associated with the daily operation of the program. Mileage is reimbursed at the rate per mile set by the funder. 28 Travel/Conferences/Training: Travel related costs including conferences and seminar registrations, hotels, meals, airfare, per diem, and lodging. Meals are reimbursed at the funders rate per 24-hour day: breakfast, $x; lunch, $x; and dinner, $x. The details of this budget line item should be provided in the budget narrative. 29 Office Supplies: All supplies and materials used by the program to include office, program, and housekeeping supplies. 30 Telephone: Expenses for all telephone services. 31 Postage/Shipping: Postage, parcel post, commercial trucking, and other delivery services. 32 Utilities: Costs for power, water, sewer, gas, and waste removal (not housekeeping). 33 Occppancy (Building & Grounds): All costs related to the program's place of residence. Includes rent (building and land), mortgage, contracted janitorial and maintenance services, real estate property taxes, and occupancy related licenses and permits. The details of this budget line item should be provided in the budget narrative. 34 Printing_& Publications: Includes cost of brochures, videos, and other informational materials. Does not include the cost of renting a copy machine. 35 Subscriptions, Dues, Memberships: Costs for the purchase of professional periodicals necessary for maintaining information related to the program. Cost of individual or organization dues relevant to the functions of the program. This line item should include payments to national parent organizations. The details of this budget line should be provided in the budget narrative to identify periodicals and memberships and their individual costs. 36 Insurance: General liability, property, business auto, inland marine, crime bond, and directors and officers liability insurance. 37 Equipment Rental & Maintenance: The cost of renting and maintaining equipment including copiers, computers, typewriters, etc. 38 Advertising: Costs related to advertising for positions and/or volunteers. This advertising line item is not for fund-raising advertising. 14 115 39 Equipment Purchases: Equipment purchased as a necessary item for the operation of a program. Equipment purchased becomes the property of the funder if the program terminates within two years of the purchase. Equipment is defined as tangible property having a useful life of one year or more and an acquisition cost of $300 or more (see specific funder requirements). 40 Professional Fees: Fees and charges of professional practitioners, technical consultants, or semi-professional technicians, who are not employees of the program and are engaged as independent contractors for specified services on a fee or other individual contractual basis. This line item would include attorney or consultant fees. Contracted janitorial, maintenance, and repair services related to buildings and grounds should be included in line 33 "Occupancy". 41 Books/Educational Materials: Materials used in the program as an educational tool for the clients (i.e., books,reading materials, games,puzzles, videos, etc.). 42 Food&Nutrition: Nourishing snacks provided to clients during program operation. 43 Administrative Costs: The costs associated with the administration of the program but not directly associated with client service. Administrative salaries should be included in this line item. Administrative costs should not duplicate any other costs. The calculation of this cost should be detailed in the budget narrative. Administrative costs are limited in dollar amount or percentage of total budget by some funders. Check individual funder specifications for limitations. 44 Audit Expense: Costs related to the expense of the annual independent audit. Only the share of the costs that apply to the funded program should be budgeted. 45 Specific Assistance to Individuals: Expenses for specific materials, appliances, rental and utility subsidies, and any other assistance rendered to clients. 46 Other/Miscellaneous: Specific program related costs not reportable on any other line item (i.e.,background checks, volunteer testing, etc.). 47 Other/Contract: Costs for contractual services not reportable on any other line item. 48 TOTAL: Add lines 21 through 47 for total program expenditures. 49 REVENUES OVER/(UNDER) EXPENDITURES: Line 20 minus line 48. DEFINITIONS OR KEY TERMS USED 1. Activities: Describes the tasks that will be accomplished in the program to achieve the results stated in the outcomes. Activities utilize action words such as complete, establish, create, provide, operate, and develop. The activities should reflect the services described in the Program Description. 2. Attachments: Documentation generated outside your organization (e.g. audit, collaborative letters, and support letters). 3. Best Practice: Programs (or Program Components) that have been proven by high quality research test to be effective in reducing known risk factors and enhancing protective factors to ensure successful achievement of goals. Replicated with integrity will provide same results in community. 4. Client: An individual receiving direct face-to-face services from a program. 15 116 5. Collaboration: Two or more organizations working together toward a common goal. There must be evidence of collaboration with other organizations and programs in a way that promotes quality service delivery. Evidence should include completion of written cooperative Contracts containing shared measurable outcomes/objectives and detailed responsibilities. 6. Needs Area: A human problem or condition, which has been identified as a major community concern. For example, a needs area is "Child Abuse and Neglect". A service or strategy designed to prevent the problem of "Child Abuse and Neglect" is the provision of crisis counseling. 7. New Program: An application submitted by an organization for new types of services which are not now being provided in the community or are not being provided by the organization and which are identified in a needs area. 8. Outcomes: Describes what you want to achieve with the target population. Indicates the results of the services you provide, not the services you provide. Outcomes utilize action words such as maintain, increase, decrease, reduce, improve, raise, and lower. 9. Priority Needs: Those areas of need, as identified by the Funder, as a priority to be supported by the Funder through the use of its funds or through technical assistance. REMEMBER TO CHECK INDIVIDUAL FUNDER �-- INSTRUCTIONS FOR ANY FURTHER REQUIREMENTS OR ADDITIONAL FORMS Other Resources: Grant Writing Tools for Non-Profit Organizations: www.npuuides.com Non Profit Gateway: www.nopprofit.gov Free Florida and Federal Grants web site: www.freefedgrants.com Community Foundation Locator: www.communilyfoundationlocator.org/search/index.cftn Grants for Non-Profit Organizations: www.freegovmoney.net Daily Funding Updates, both Federal and Foundation: http://www.fandsnetservices.com/Donors/notices07.htm County Profiles: htlp:Hweb.uflib.ufl.edu/fefdl/ Foundation Center: http://fdncenter.org/pnd/rfp/ 16 117 INDIAN RIVER COUNTY PURCHASING DIVISION 1800 27TH STREET VERoBEAcxFL 32960-3365 y (772) 567-8000 ExT 1416 FAX(772) 770-5140 LpRI� REQUEST FOR PROPOSAL PROJECT NAME: Children's Services Advisory Committee Grant Funds for Children's Programs RFP NUMBER: 201329 REFER TECHNICAL QUESTIONS TO: BRAD BERNAUER,DIRECTOR OFFICE OF HUMAN SERVICES TELEPHONE: (772) 226-1422 FAX: (772)770-5100 E-MAIL: BRADLEY_BERNAUER@DOH.STATE.FL.US Nowp REFER GENERAL TERMS &CONDITIONS QUESTIONS TO: JERRY DAVIS PURCHASING MANAGER TELEPHONE: (772) 567-8000;ExT.1416 FAx: (772)770-5140 E-MAIL: purchasing(a)ircgov.com BID OPENING DATE: MAY 7,2013 BID OPENING TIME: 2:00 P.M. ALL PROPOSALS MUST BE RECEIVED IN THE PURCHASING DIVISION, 1800 27TH STREET, BLDG. B, VERO BEACH, FLORIDA 32960 PRIOR TO THE DATE AND TIME SHOWN ABOVE. PLEASE SUBMIT ONE (1) ORIGINAL AND THIRTEEN (13) COPIES OF YOUR PROPOSAL I 118 2013-14 CHILDREN'S SERVICES ADVISORY COMMITTEE REQUEST FOR PROPOSAL (RFP) #201329 RFP is to allow Not-for-Profit, For-Profit, Government Agencies and Individuals to apply for funding to provide programs for Indian River County children. Application form is available on "disk (Microsoft Word & Excel), and in print. DELIVER THIS APPLICATION TO: Indian River County Purchasing Division 180027 th Street, Bldg. B VERO BEACH, FLORIDA, 32960 Phone: 772-567- 8000; Ext. 1416 FAX: 772-770-5140 Mandatory Applicants Orientation Conference April 18, 2013, 3:00 p.m. Indian River County Administration Complex 180027 th Street, Vero Beach, Florida Building B; Room B1-501 DEADLINE FOR SUBMITTING RFP Tuesday, May 7, 2013, 2:00 p.m. II 119 FUNDING FOCUS AREAS OF NEED 2013-14 14-- The Children's Services Advisory Committee's Funding Focus Areas of Need for the year 2013-14 is drawn from the 2006 Indian River County Community Needs Assessment and determined by the CSAC Needs Subcommittee. All programs seeking funding must be high quality and must have documented measurable outcomes that address one or more of the Focus Area listed below. # 1 Parenting education for current and expectant parents to increase the likelihood of positive outcomes. #2 Increase childcare capacity and subsidies for underserved, low income populations, particularly the infant and toddler population; improve the quality of childcare programs. #3 Improve and enhance community-based programs that address adolescent's needs, such as; healthy social behaviors, positive self esteem, teen pregnancy, delinquency, dropout and substance abuse prevention and other mental and physical health issues. #4 Support the programs that enrich a child's learning environment, by offering a curriculum that includes: homework assistance, tutoring, life skills and job readiness training, and other positive youth development programs. VI 123 TIMETABLE 1. RFP applications will be mailed by April 5, 2013. 2. Applicants Orientation Conference. April 18, 2013, 3:00 p.m. The Orientation Conference will be held in the Indian River County Administration Complex, 1800 27th Street, Vero Beach, FL., Building B, Room 131-501. All prospective applicants are required to attend. 3. Proposals Due on May 7, 2013, 2:00 p.m., to the Indian River County Purchasing Division, 1800 27th Street, Bldg. B, Vero Beach, FL 32960 (Phone: 567-8000; Ext. 1416) 4. An official authorized to bind the applicant to the proposed activity must sign the proposals. Applicant's audit should be included in the RFP (if available). 5. Copies Required. Each submission must include one (1) original proposal, marked "Original", plus (13) copies, marked, "Copy#1" though "Copy#13". All proposals must be received in a sealed packet. 6. Grant Review Sub-Committee's Recommendations for Funding are approved, or disapproved, by the Children's Services Advisory Committee in June 2013; and presented to the Board of County Commissioners at the Budget Hearings, June 2013. 7. Contract Dates are from October 1, 2013 through September 30, 2014 DISQUALIFICATION Any one, or combination of, the three items listed below, will disqualify an applicant from further consideration as a qualified applicant. 1. Failure to include proof of ability to obtain all required liability insurance having Indian River County as an additional insured, contained in the contract attached to the proposal 2. Failure to include the proper number of copies of the application. 3. Failure to submit proposal within the stated time frame. PROCEDURES AND REQUIREMENTS • All applicants are required to attend the Applicants' Orientation Conference on April 18, 2013, 3:00 p.m., Indian River County Administration Complex, 1800 27th Street, Vero Beach, Florida; Building B, Room 131-501. The purpose of the meeting is to go over the application, general requirements, and for staff to respond to any questions. After this meeting all questions and answers shall be reduced to writing, and mailed to all attendees. • All agencies, or individuals, receiving a grant will be required to mention the Children's Services Advisory Committee and Indian River County as a funder, or partial funder of the program, in all printed material and press releases. • All agencies, or individuals, receiving a $100,000 grant or more, will be required to provide Indian River County with a financial audit within 120 days after the end �— of the agency's fiscal year. VII 124 The following items will NOT be reimbursed by the Indian River County Board of County Commissioners, or by the Children's Services Advisory Committee: • Any expense not outlined in the agency's funding application. • Capital expenses of any amount. • Cell phone charges. • Costs incurred by applicants in responding to the RFP. • Expenses other than those related to the curriculum or staffing of the program. • Expenses incurred prior to the first date of the grant. • Travel expenses not related to the delivery of the program. • Travel outside of Indian River County • Sick or vacation day payments for employees. • Salary payments to relatives working for agencies receiving grant funds, per the Indian River County's policy on nepotism. All materials and supporting documentation submitted in response to the RFP become public documents and the property of the Indian River Board of County Commissioners. EVALUATION CRITERIA The proposals will be reviewed and evaluated by the Grant Review Sub-Committee, which consists of members of the Children's Services Advisory Committee and other citizens of Indian River County. STANDARDS FOR EVALUATION 1. The program addresses, directly or indirectly, one or more of the Children's Services Advisory Committee's Focus Areas. 2. The program incorporates a system to bring the target population in need of services to the program. 3. The program has a substantial impact, directly or indirectly, on the achievement of one or more of the Children's Services Advisory Committee's Focus Areas, and incorporates measurable outcomes to demonstrate such impact. 4. The focus of the program is early intervention; the prevention of a problem before it occurs, rather than the treatment and rehabilitation of an individual after the problem occurs. 5. The amount of funding requested is a wise investment of community funds. The amount spent is reasonable relative to the number of persons served and the results achieved. 6. The agency offering the program has the organizational capacity to deliver the program successfully (management, financial stability, board effectiveness, community support, etc.) 7. This program is part of a coordinated collaborative approach designed to achieve one of the Children's Services Advisory Committee's Focus Areas. Upon the Indian River County Board of Commissioners decision, contracts with applicant will be finalized as soon as possible. Program monitoring, written quarterly reports, and mid-year presentations to the Grant Review Sub-Committee will be developed with grant recipients after contract finalization. VIII 125 THE CHILDREN'S SERVICES ADVISORY COMMITTEE AND THE BOARD OF COUNTY COMMISSIONERS RESERVE THE RIGHT TO REJECT ANY OR ALL PROPOSALS,TO WAIVE ANY NON-SUBSTANTIVE DEFICIENCY OR IRREGULARITY,AND TO AWARD A CONTRACT IN WHAT THE CHILDREN'S SERVICES ADVISORY COMMITTEE AND BOARD OF COUNTY COMMISSIONERS BELIEVE TO BE IN THE BEST INTEREST OF INDIAN RIVER COUNTY CHILDREN. SPECIAL CONTRACT TERMS AND CONDITIONS Contract Procedures • For Profit Applicants must provide a copy of most recent Federal Tax Return with application. • All successful applicants are expected to enter into a contract with Indian River County Commissioners substantially in the form set forth in Exhibit#1. Period of Performance • Grant contract will run from October 1, 2013 through September 30, 2014. Invoicing and Payment • All payments are based on reimbursement. • All requests for payment should be submitted to Indian River County Human Services Department, Attention: Brad Bernauer, 1800 27th Street, Vero Beach, Florida 32960. • Request for payment must be submitted in a timely manner (monthly, whenever possible). • Each reimbursement request must have a Cover Sheet detailing all expenses. For each expense listed, a backup invoice and any other pertinent data must be attached. If the agency requests reimbursement for salaries, other related documentation (i.e., copies of payroll checks, payroll tax checks, invoices, checks for benefits) must be included. • Travel inside the county will be reimbursed according to Florida Statute 112.061. • Payment may be delayed for three reasons; o Improper filing of request. o Not filing quarterly reports with the Department of Human Services within 30 days after the end of each quarter. o Not filing the agency's audit, as required by IRC, in a timely manner. Nepotism Policy and Disclosure Requirements. Agencies will not be reimbursed for salary payments to relatives working for agencies receiving grant funds, per the Indian River County's policy on nepotism. Agencies receiving grant funds must list on a sworn (notarized) statement, all employees who are related to each other, or to Directors and Principals of the agency. Such relationships should be listed specifically as: Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. IX 126 If the agency does not have any related parties working for that entity, a sworn (notarized) statement asserting this fact should be attached to the RFP. If the agencies have an existing Nepotism Policy, that policy shall be attached to this RFP. X 127 NOT FOR PROFIT AGENCY CERTIFICATION `•-- The County of Indian River requires, as a matter of policy, that any Consultant or firm receives a contract or award resulting from the Request for Qualifications issued by the County of Indian River, Florida, shall make certification as below. Receipt of such certification, under oath, shall be a prerequisite to the award of contract and payment thereof. I (we) hereby certify that if the contract is awarded to me, our firm, partnership, or corporation, that no members of the elected governing body of Indian River County, nor any professional management, administrative official or employee of the County, nor members of his or her immediate family, including spouse, parents, or children, nor any person representing or purporting to represent any member or members of the elected governing body or other official, has solicited, has received or has been promised, directly or indirectly, any financial benefit, including but not limited to a fee, commission, finder's fee, political contribution, goods or services in return for favorable review of any Proposal submitted in response to the Request for Qualifications or in return for execution of a contract for performance or provision of services for which Proposals are herein sought. The undersigned certifies that he/she is a principal or officer of the firm applying for consideration and is authorized to make the above acknowledgments and certifications for and on behalf of the applicant. The undersigned certifies that the Applicant has not been convicted of a public entity crime within the past 36 months, as set forth in Section 287.133, Florida Statutes. Failure to sign this form will result in disqualification. Handwritten Signature of Authorized Principal(s): DATE: NAME: TITLE: NAME OF FIRM/PARTNERSHIP/CORPORATION: FOR AND ON BEHALF OF THE APPLICANT: Sworn to and subscribed to me, a Notary Public, this day of , 2013. BY: (SEAL) (TYPE NAME&TITLE) XI 1r�28 AUTHORIZATION FOR RELEASE OF INFORMATION Indian River County and (Agency/Individual are in the process of negotiation of a contract for Indian River County is authorized to make an investigation of the Agency/Individual regarding its experience and qualifications. The Agency/Individual authorized the release of all relevant information concerning prior services furnished, contracts and background information of the Agency/Individual. The Agency/Individual authorizes any individual or organization that is in possession of relevant factual contract and background information, to release such data to Indian River County in response of the County's request. When an individual employee of the Agency signs Authorization for Release of Information, such individual authorizes the County to obtain relevant background information concerning such employee's criminal record, if any, and such other information that may be relevant to employee's good character and work experience. Authorization is given here by the Agency/Individual and such employees who execute this authorization with the understanding and limitation that Indian River County will utilize the information obtained for the purposes set forth herein and that such information shall not be disclosed to third parties except as provided by law. Name Agency/Individual Print name Name Employee Providing authorization Print name Signature (in blue ink) Date XII 129 SWORN STATEMENT UNDER SECTION 105.08, INDIAN RIVER COUNTY CODE, ON DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with RFP No. 201329 for 2. This sworn statement is submitted by: (Name of entity submitting Statement) whose business address is: and (if applicable) 3. My name is (Please print name of individual signing) and my relationship to the entity named above is 4. 1 understand that an "affiliate" as defined in Section 105.08, Indian River County Code, means: The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. 5. 1 understand that the relationship with a County Commissioner or County employee that must be disclosed as follows: Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter- in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. 6. Based on information and belief, the statement, which I have marked below is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.] Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, have any relationships as defined in section 105.08, Indian River County Code, with any County Commissioner or County employee. XIII 130 The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents, who are active in management of the entity have the following relationships with a County Commissioner or County employee: Name of Affiliate Name of County Commissioner Relationship or entity or employee (Signature) (Date) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 2013, by , who is personally known to me or who has produced as identification. NOTARY PUBLIC SIGN: PRINT: State of Florida at Large My Commission Expires: (Seal) XIV 131 SUPPORTING DOCUMENTS CHECKLIST RFP 201329 I%uw Cover Page Application List of Current Officers & Directors Latest Financial Audit Report & Management Letter that conforms with the AICPA Audit Guide Most recent IRS Form 990, (Including all schedules.) Most recent Internal Financial Statement (i.e.: Balance Sheet and Operating Budget Staff Organizational Chart Most Recent Annual Report (if available) 501(C)(3) IRS Exemption Letter Articles of Incorporation Agency's Bylaws Agency's written policy regarding Affirmative Action Nepotism Statement for Agency Taxonomy Definition for each program XV 132 EXHIBIT #1 SAMPLE - DO NOT EXECUTE Indian River County Grant Contract This Grant Contract ("Contract") entered into effective this 1st day of October 2013 by and between Indian River County, a political subdivision of the State of Florida, 1800 27th Street, Vero Beach FL, 32960 ("County") and (Recipient), of: (Address) For(Name of Program) Background Recitals A. The County has determined that it is in the public interest to promote healthy children in a healthy community. B. The County adopted Ordinance 99-1 on January 19, 1999 ("Ordinance") and established the Children's Services Advisory Committee to promote healthy children in a healthy community and to provide a unified system of planning and delivery within which children's needs can be identified, targeted, evaluated and addressed. C. The Children's Services Advisory Committee has issued a request for proposals from individuals and entities that will assist the Children's Services Advisory Committee in fulfilling its purpose. D. The proposals submitted to the Children's Services Advisory Committee and the recommendation of the Children's Services Advisory Committee have been reviewed by the County. E. The Recipient, by submitting a proposal to the Children's Services Advisory Committee, has applied for a grant of money ("Grant") for the Grant Period (as such term is hereinafter defined)on the terms and conditions set forth herein. F. The County has agreed to provide such Grant funds to the Recipient for the Grant Period (as such term is hereinafter defined)on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the mutual covenants and promises herein contained, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: 1. Background Recitals The background recitals are true and correct and form a material part of this Contract. 2. Purpose of Grant The Grant shall be used only for the purposes set forth in the complete proposal submitted by the Recipient attached hereto as Exhibit "A" and incorporated herein by this reference (such purposes hereinafter referenced as "Grant Purposes"). 3. Term The Recipient acknowledges and agrees that the Grant is limited to the fiscal year 2013/14 ("Grant Period"). The Grant Period commences on October 1, 2013 and ends on September 30, 2014. - 1 - 133 EXHIBIT #1 SAMPLE - DO NOT EXECUTE 4. Grant Funds and Payment The approved Grant for the Grant Period is ($ . The County agrees to reimburse the Recipient from such Grant funds for actual documented costs incurred for Grant Purposes provided in accordance with this Contract. Reimbursement requests may be made no more frequently than monthly. Each reimbursement request shall contain the information, at a minimum, that is set forth in Exhibit "B" attached hereto and incorporated herein by this reference. All reimbursement requests are subject to audit by the County. In addition, the County may require additional documentation of expenditures, as it deems appropriate. 5. Additional Obligations of Recipient. 5.1 Records. The Recipient shall maintain adequate internal controls in order to safeguard the Grant. In addition, the Recipient shall maintain adequate records fully to document the use of the Grant funds for at least three (3) years after the expiration of the Grant Period. The County shall have access to all books, records, and documents as required in this Section for the purpose of inspection or audit during normal business hours at the County's expense, upon five (5) days prior written notice. 5.2 Compliance with Laws. The Recipient shall comply at all times with all applicable federal, state, and local laws, rules, and regulations. 5.3 Quarterly Performance Reports. The Recipient shall submit quarterly, cumulative, Performance Reports to the Human Services Department of the County within fifteen (15)business days following: December 31, March 31, June 30, and September 30. 5.4 Audit Requirements. If Recipient receives $100,000 or more in the aggregate from all Indian River County government funding sources, the Recipient is required to have an audit completed by an independent certified public accountant at the end of the Recipient's fiscal year. Within 120 days of the end of the Recipient's fiscal year, the Recipient shall submit the audit to the Indian River County Office of Management and Budget. The fiscal year will be as reported on the application for funding, and the Recipient agrees to notify the County prior to any change in the fiscal period of Recipient. The Recipient acknowledges that the County may deny funding to any Recipient if an audit required by this Contract for a prior fiscal year is past due and has not been submitted by May 1. 5.4.1 The Recipient further acknowledges that, promptly upon receipt of a qualified opinion from it's independent auditor, such qualified opinion shall immediately be provided to the Indian River County Office of Management and Budget. The qualified opinion shall thereupon be reported to the Board of Commissioners and funding under this Contract will cease immediately. The foregoing termination right is in addition to any other right of the County to terminate this Contract. 5.4.2 The Indian River County Office of Management and Budget reserves the right at any time to send a letter to the Recipient requesting clarification if there are any questions regarding a part of the financial statements, audit comments, or notes. 5.5 Insurance Requirements. Recipient shall, no later than October 1, 2013, provide to the Indian River County Risk Management Division a certificate or certificates issued by an insurer or insurers authorized to conduct business in Florida that is rated not less than category A-: VII by A.M. Best, subject to approval by Indian River County's risk manager, of the following types and amounts of insurance: 2 - 134 EXHIBIT #1 SAMPLE - DO NOT EXECUTE (i) Commercial General Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage, including coverage for premises/operations, products/completed operations, contractual liability, and independent contractors; (ii) Business Auto Liability Insurance in an amount not less than $1,000,000 per occurrence combined single limit for bodily injury and property damage, including coverage for owned autos and other vehicles, hired autos and other vehicles, non-owned autos and other vehicles; and (iii) Workers' Compensation and Employer's Liability (current Florida statutory limit) 5.6 Insurance Administration. The insurance certificates, evidencing all required insurance coverages shall be fully acceptable to County in both form and content, and shall provide and specify that the related insurance coverage shall not be cancelled without at least thirty (30) calendar days prior written notice having been given to the County. In addition, the County may request such other proofs and assurances as it may reasonably require that the insurance is and at all times remains in full force and effect. Recipient agrees that it is the Recipient's sole responsibility to coordinate activities among itself, the County, and the Recipient's insurer(s) so that the insurance certificates are acceptable to and accepted by County within the time limits set forth in this Contract. The County shall be listed as an additional insured on all insurance coverage required by this Contract, except Workers' Compensation insurance. The Recipient shall, upon ten (10) days' prior written request from the County, deliver copies to the County, or make copies available for the County's inspection at Recipient's place of business, of any and all insurance policies that are required in this Contract. If the Recipient fails to deliver or make copies of the policies available to the County; fails to obtain replacement insurance or have previous insurance policies reinstated or renewed upon termination or cancellation of existing required coverages; or fails in any other regard to obtain coverages sufficient to meet the terms and conditions of this Contract, then the County may, at its sole option, terminate this Contract. 5.7 Indemnification. The Recipient shall indemnify and save harmless the County, its agents, officials, and employees from and against any and all claims, liabilities, losses, damage, or causes of action which may arise from any misconduct, negligent act, or omissions of the Recipient, its agents, officers, or employees in connection with the performance of this Contract. 5.8 Public Records. The Recipient agrees to comply with the provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this Contract. 6. Termination. This Contract may be terminated by either party, without cause, upon thirty (30) days prior written notice to the other party. In addition, the County may terminate this Contract for convenience upon ten (10) days prior written notice to the Recipient if the County determines that such termination is in the public interest. 7. Availability of Funds. The obligations of the County under this Contract are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 8. Standard Terms. This Contract is subject to the standard terms attached hereto as Exhibit C and incorporated herein in its entirety by this reference. 3 - 135 EXHIBIT #1 SAMPLE - DO NOT EXECUTE IN WITNESS WHEREOF, County and Recipient have entered into this Contract on the date first above written. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By: Chairman Attest: Jeffery R Smith, Clerk of Courts & Comptroller By: Deputy Clerk Approved: Joseph A. Baird County Administrator Approved as to form and legal sufficiency: County Attorney RECIPIENT: By: AGENCY NAME - 4 - 136 EXHIBIT #1 SAMPLE - DO NOT EXECUTE EXHIBIT A [Copy of complete proposal/application] NOW - EXHIBIT A - 137 EXHIBIT #1 SAMPLE - DO NOT EXECUTE EXHIBIT B [From policy adopted by Indian River County Board Of County Commissioners on February 19, 2002] "D. Nonprofit Agency Responsibilities After Award of Funding Indian River County provides funding to all nonprofit agencies on a reimbursement basis only. All reimbursable expenses must be documented by an invoice and/or a copy of the canceled check. Any expense not documented properly to the satisfaction of the Office of Management & Budget and/or the County Administrator may not be reimbursed. If an agency repeatedly fails to provide adequate documentation, this may be reported to the Board of Commissioners. In the event an agency provides inadequate documentation on a consistent basis, funding may be discontinued immediately. Additionally, this may adversely affect future funding requests. Expenditures may only be reimbursed from the fiscal year for which funding was awarded. For example, no expenditures prior to October 1St may be reimbursed with funds from the following year. Additionally, if any funds are unexpended at the end of a fiscal year, these funds are not carried over to the next year unless expressly authorized by the Board of Commissioners. All requests for reimbursement at fiscal year end (September 30th) must be submitted on a timely basis. Each year, the Office of Management & Budget will send a letter to all nonprofit agencies advising of the deadline for reimbursement requests for the fiscal year. This deadline is typically early to mid October, since the Finance Department does not process checks for the prior fiscal year beyond that point. Each reimbursement request must include a summary of expenses by type. These summaries should be broken down into salaries, benefits, supplies, contractual services, etc. If Indian River County is reimbursing an agency for only a portion of an expense (e.g. salary of an employee), then the method for this portion should be disclosed on the summary. The Office of Management & Budget has summary forms available. Indian River County will not reimburse certain types of expenditures. These expenditure types are listed below. a. Travel expenses for travel outside the County including but not limited to; mileage reimbursement, hotel rooms, meals, meal allowances, per Diem, and tolls. Mileage reimbursement for local travel (within Indian River County) is allowable. b. Sick or Vacation payments for employees. Since agencies may have various sick and vacation pay policies,these must be provided from other sources. c. Any expenses not associated with the provision of the program for which the County has awarded funding. d. Any expense not outlined in the agency's funding application. The County reserves the right to decline reimbursement for any expense as deemed necessary." - EXHIBIT B - 138 EXHIBIT #1 SAMPLE - DO NOT EXECUTE EXHIBIT C STANDARD TERMS FOR GRANT CONTRACT 1. Notices: Any notice, request, demand, consent, approval or other communication required or permitted by this Contract shall be given or made in writing, by any of the following methods: facsimile transmission; hand delivery to the other party; delivery by commercial overnight courier service; or mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown below: County: Brad E. Bernauer, Director Indian River County Human Services 180027 TH Street Vero Beach, Florida 32960-3365 Recipient: 2. Venue; Choice of Law: The validity, interpretation, construction, and effect of this Contract shall be in accordance with and governed by the laws of the State of Florida, only. The location for settlement of any and all claims, controversies, or disputes, arising out of or relating to any part of this Contract, or any breach hereof, as well as any litigation between the parties, shall be Indian River County, Florida for claims brought in state court, and the Southern District of Florida for those claims justifiable in federal court. 3. Entirety of Agreement: This Contract incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Contract that are not contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms and conditions contained herein shall be effective unless contained in a written document signed by both parties. 4. Severability: In the event any provision of this Contract is determined to be unenforceable or invalid, such unenforceability or invalidity shall not affect the remaining provisions of this Contract, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. To that extent, this Contract is deemed severable. 5. Captions and Interpretations: Captions in this Contract are included for convenience only and are not to be considered in any construction or interpretation of this Contract or any of its provisions. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise. 6. Independent Contractor. The Recipient is and shall be an independent contractor for all purposes under this Contract. The Recipient is not an agent or employee of the County, and any and all persons engaged in any of the services or activities funded in whole or in part performed pursuant to this Contract shall at all times and in all places be subject to the Recipient's sole direction, supervision, and control. 7. Assignment. This Contract may not be assigned by the Recipient without the prior written consent of the County. - EXHIBIT C - 139 FUNDING FOCUS AREAS OF NEED 2013-14 `— The Children's Services Advisory Committee's Funding Focus Areas of Need for the year 2013-14 is drawn from the 2006 Indian River County Community Needs Assessment and determined by the CSAC Needs Subcommittee. All programs seeking funding must be high quality and must have documented measurable outcomes that address one or more of the Focus Area listed below. # 1 Parenting education for current and expectant parents to increase the likelihood of positive outcomes. #2 Increase childcare capacity and subsidies for underserved, low income populations, particularly the infant and toddler population and improve the quality of childcare programs. #3 Improve and enhance community-based programs that address adolescent's needs, such as; healthy social behaviors, positive self esteem, teen pregnancy, delinquency, dropout and substance abuse prevention and other mental and physical health issues. #4 Support the programs that enrich a child's learning environment, by offering a curriculum that includes: homework assistance, tutoring, life skills and job readiness training, and other positive youth development programs. I 140 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora P.E., Public Works Director p FROM: James D. Gray, Jr., Coastal Engineer Q SUBJECT: Memorandum of Understanding between Indian River County and Sebastian Inlet District for Coordination of Supplemental Downdrift Nourishment and Related Coastal Activities DATE: March 20, 2013 DESCRIPTION AND CONDITIONS The County and the Sebastian Inlet District (District) desire to enter into a Memorandum of Understanding (MOU) to cooperate in connection- with obtaining beach comlaatible materials from the dredging of the Sebastian Inlet sand trap and other approved borrow sources to partially construct or repair dune projects, previous beach renourishment projects or erosional hot spots along the County's beaches north of the Florida Department of Environmental Protection ( FDEP) Reference monument R-40 (Wabasso Beach Park). The MOU identifies two (2) beach compatible fill placement locations. N-- • The Primary Fill Placement Location (Bypassing Template) is the area of beach referred to as Sectors 1 and 2 and will utilize sediments dredged from Sebastian Inlet sand trap. • The Supplemental Nourishment Fill Placement Location is the area of beach immediately south of Sectors 1 and 2 extending south to FDEP Reference monument R- 40 (Wabasso Beach Park). Supplemental Nourishment (in the range of 15,000 cubic yards) will occur if there is not an adequate area within the Primary fill construction template; with focused placement in areas of greatest need. Sand sources are expected to be from upland sand mines. Figures identifying the location of the Primary and Supplemental fill templates are attached to the MOU as Exhibit 1 and Exhibit 2. All coastal activities identified in the MOU are guided by the County's Beach Preservation Plan and the District's Inlet Management Plan and will be carried out in close cooperation between Indian River County and District staff. The MOU also provides a mechanism for the County and District to increase State grant funding opportunities on future beach projects. The State recognizes projects conducted in a manner that encourages cost-savings, fosters regional coordination of projects, optimizes management of sediments and project performance, protects the environment, mitigates impacts caused by modified inlets and provides long-term solutions. The MOU address all of the State grant funding eligibility requirements. FAPublic WorksUamesG\Sebastian Inlet District-MOU\Agenda Item\Indian River County and Sebastian Inlet District MOU BCC agenda memo 3-20-13.docx 141 Page 2 Consent Agenda Item for 4-2-13 BCC Meeting Indian River County and Sebastian Inlet District MOU March 20, 2013 The MOU is for a five (5) year term, with one renewal option of five (5) years upon satisfactory coordination between the County and District. At the regular Sebastian Inlet District Commission meeting held on March 13, 2013, the District Commissioners approved the MOU and authorized their Chairman to execute the agreement. At the regular Indian River County Beach & Shore Preservation Advisory Committee meeting held on March 18, 2013, the MOU was discussed and motion to support the MOU was unanimously approved by all committee members. FUNDING Funding is not required for the execution of the Memorandum of Understanding between Indian River County and the Sebastian Inlet District. In the event that funding is required to implement the terms of the MOU, Funds for the various beach projects are budgeted and available in the Beach Restoration Fund whose revenue is derived from 1.5 cents of the proceeds of the levy of the Local Option Tourist Development Tax (4%). RECOMMENDATION Staff recommends approval of the attached Memorandum of Understanding between the County and the Sebastian Inlet District and requests the Board to authorize the Chairman to execute the attached agreement. ATTACHMENT MOU between the County and District (2 original copies) APPROVED AGENDA ITEM Indian River County Approved Date FOR: April 2, 2013a7 j� Administration BY: Budget 3 2� 13 Legal _Zs-"" I Public Works 3-.2- -l3 Coastal Engineering JD 3611? FAPublic WorksUamesG\Sebastian Inlet District-MOU\Agenda Item\Indian River County and Sebastian Inlet District MOU BCC agenda memo 3-20-13.docx 142 AGENDA COPY MEMORANDUM OF UNDERSTANDING for Coordination of Supplemental Beach Nourishment and Related Coastal Activities THIS MEMORANDUM OF UNDERSTANDING for COORDINATION OF SUPPLEMENTAL DOWNDRIFT NOURISHMENT AND RELATED COASTAL ACTIVITIES ("Agreement") entered into effective this 2"d day of April 2013 ("Effective Date") by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("County"); and Sebastian Inlet District ("District") an independent special taxing district established by a Special Act of the Florida Legislature in 1919, to maintain the navigability of the Sebastian Inlet. BACKGROUND RECITALS A. The County maintains beach and dune systems along the 22 miles of Indian River County Atlantic Ocean shore-line. The mission of the Indian River County Coastal Engineering Division is to identify areas of chronic beach erosion and areas of high potential storm damage and to propose appropriate projects to mitigate the threats. Coastal activities are guided by the County's Beach Preservation Plan and the County's Habitat Conservation Plan. Both plans are referenced in Chapter 9, Coastal Management Element of the 2030 County Comprehensive Plan adopted on October 12, 2010. B. The District is authorized by, a Special Act of the Florida Legislature (Chapter 2003-373, Laws of Florida) to construct, improve, widen or deepen, and maintain the Sebastian inlet. Pursuant to F.S, 161.042 the District is directed to place all beach compatible materials derived from dredging the Sebastian Inlet on the downdrift beaches of Indian River County. C. The District's activities are guided by an Inlet Management Plan certified in March 2000 and recommendations by a Technical Advisory Committee accepted August 2005. The District strives to transfer an average annual volume of sand to the downdrift beaches in the range of 70,000 to 90,000 cubic yards. A sand bypass budget is maintained by comparing annual survey profiles of the beach and dune system and performing other coastal measurements. D. The County and the District desire to cooperate in connection with obtaining beach compatible materials from the dredging of the Sebastian Inlet sand trap and channel, using such beach compatible materials to partially construct or repair dune projects, previous beach renourishment projects or erosional hot spots along the County's beaches north of DNR monument R-40, all on the terms and conditions set forth herein. E. The District has constructed a Dredged Material Management Area (DMMA) for stockpiling both beach compatible sand and non-beach compatible sand material. The District and County desire to coordinate on the appropriate use of DMMA material in public works type projects with a corresponding public benefit. 1 143 F. The County and the District regularly collect data on the coastal system such as: hydrographic survey, geotechnical survey, biological monitoring, aerial photography, etc. �••- The County and the District desire to share data when necessary for permitting purposes, management plan modification and analysis and understanding of the coastal system. Coordination between coastal engineering consultants will benefit both the County and the District. G. The District has entered into an agreement with a private consulting firm for evaluating the economic benefits of maintaining the Sebastian Inlet. Surveys of waterfront businesses, boat owners and marine related entities will provide information related to uses of the inlet. The County may benefit from economic data generated by the survey related to property values near the inlet and public interest in establishing artificial reefs offshore of Sebastian Inlet. H. Florida Statutes Chapter 163known as the Florida Interlocal Cooperation Act of 1969, provides a method for governmental entities such as the County and the District to cooperate with each other on a basis of mutual advantage to provide services and facilities in a manner that will accord best with the factors influencing the needs and development of local communities. Also, Florida Statute 189.4221 allows the District to purchase commodities and certain contractual services from purchasing agreements of the County which have been procured by a process that would have met the procurement requirements of the District. This arrangement also known as piggy-backing. NOW THEREFORE, in consideration of the mutual covenants and promises herein ... contained and other good and valuable consideration, and intending to be legally bound, the County and District agree as follows: 1. Background Recitals. The background recitals are true and correct and form a material part of this Agreement. 2. Coordination. Inlet sediment bypassing, supplemental downdrift nourishment and related activities of the District should be carried out in close cooperation with Indian River County and the Florida Department of Environmental Protection, and the Division of Recreation and Parks. All parties desire to mitigate downdrift erosion, promote public use and protect natural resources through their respective management plans. 3. Sand Bypassing., The District desires to transfer sand to the downdrift beaches. The primary placement location for material from the sand trap and alternate sources should be on the downdrift beach, north of R-17 and within the approved construction fill template of the County designated Sectors 1 and 2 Project area. The timing and placement of supplemental material and inlet sand bypassing should be coordinated with Indian River County to reduce the frequency of County beach nourishment placement in that region. A figure identifying the location of the sediment bypassing template (Sectors 1 & 2) is attached as Exhibit 1 and incorporated by reference herein. 4. Supplemental Nourishment. If there is not adequate volumetric capacity within the Sectors 1 and 2 construction fill template, supplemental material should be �— placed by the District on the downdrift beach in areas of greatest need (as 2 144 determined by Indian River County) north of R-40. Supplemental volumes will be determined through agreement between the County and the District (target volumes are anticipated to be in the range of 15,000 cubic yards). A figure identifying the location of the Supplemental Fill template (R-17 — R-40) is attached as Exhibit 2 and incorporated by reference herein.District and Indian River County Responsibilities: In order to maximize success of the Supplemental Nourishment and Sand Bypassing Plans, the District and Indian River County must cooperate closely, and any such placement should be guided by the Sebastian Inlet Management Plan, and Indian River County's Beach Preservation Plan and Dune Maintenance Program. • The District will be responsible for fill excavation, transportation and placement of beach compatible sand on downdrift beaches to meet its bypassing objective. • Indian River County should be responsible for: 1) identifying, designing, permitting, and constructing supplemental fill access locations south of R- 17; and 2) identifying, designing and permitting supplemental fill placement locations south of R-17; and 3) securing-necessary releases and approvals from upland property owners. • The District should be responsible for coordinating (with the Department and Indian River County) use of supplemental fill access and placement locations north of R-17. • The District should be responsible for maintaining (during construction) and restoring any fill access locations (to their immediate pre-use condition) it uses to place supplemental sand. • Indian River County should reimburse the District for any incremental increase in transportation costs for sand placement south of R-17.The County and the District should coordinate monitoring to maximize efficiency and minimize overall cost. 5. Monitoring. The District agrees to assume all physical and biological monitoring associated with the approved Sectors 1 and 2 fill template as required by permit for purposes of measuring the potential impacts to nearshore hard bottom. The County agrees to share all historical monitoring data collected by the County for purposes of establishing baselines. In the event of a County sponsored beach renourishment project north of R-17, then the County, District and agencies will renegotiate the responsibilities of permit required monitoring. 6. Storm Loss Mitigation. The County will undertake applications for storm loss mitigation for Sectors 1 and 2 required by state or federal agencies for impacts resulting from named storms and identified by disaster declarations. The County's "engineered beach" template qualifies the project for such reimbursement programs. For renourishment events to offset storm loss, the County and District will coordinate and give priority to any sand available in the District's sand trap and/or DMMA for potential beach or dune �-- placement. If the County and its coastal engineer select an offshore or upland sand source 3 145 for restoring the beach, the District has the option to fund a portion of the restoration as the local cost-share. Quantities of sand taken from the inlet system or funded by the District �.. will be calculated as a sand bypass volume credit. The County and the District will coordinate closely following emergency events to determine the most efficient and expeditious manner of beach protection. 7. 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: (1) Hand delivery to the other party; or (2) Delivery by commercial overnight courier service; or (3) Mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown below: Indian River County: Indian River County Public Works Department Attn: Public Works Director 1801 27th Street Vero Beach, Florida 32960 Fax: (772) 778-9391 Sebastian Inlet District. Attn: Martin Smithson, Administrator 114 Sixth Avenue Indialantic, Florida 32903 Fax: (321) 951-8182 Notices shall be effective when received at the address as specified above. Either party may change its address, for the purposes of this section, by written notice to the other party given in accordance with the provisions of this section. 8. Governing Law,- Venue. The validity, interpretation, construction, and effect of this Agreement shall be in accordance with and governed by the laws of the State of Florida, only. The location for settlement of any and all claims, controversies, or disputes, arising out of or relating to any part of this Agreement, or any breach hereof, as well as any litigation between the parties, shall be Indian River County, Florida for claims brought in state court, and the Southern District of Florida for those claims justifiable in federal court. Because it is impossible to ascertain damages if either party should breach this agreement, the parties hereto are limited to bringing an action in the event of breach for specific performance 9. Merger modification. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment, or alteration 4 146 in the terms and conditions contained herein shall be effective unless contained in a written document signed by all parties. A party requesting an amendment to this Agreement must propose such amendment in writing to the other party at least ninety (90) days prior to the proposed effective date of the amendment. 10. 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. 11. Captions, Construction. Captions in this Agreement are included for convenience only and are not to be considered in any construction or interpretation of this Agreement or any of its provisions. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise. 13. Sovereign Immunity. Each party to this Agreement is responsible for all injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. In addition, each party is subject to the provisions of Florida Statutes section 768.28 (2005). 14. No Waiver. The failure of either party at any time to require performance by the other party of any provision hereof shall in no way affect the right of either party thereafter to enforce the same. No waiver by either party of any breach of any provision hereof shall be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. 15. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same document. 16. Term. Subject to early termination as set forth in this Agreement, this Agreement shall commence on the Effective Date and shall remain in effect for a period of five (5) years from the Effective Date of the Agreement, with one renewal option of five (5) years, for a potential total of ten (10) years. 17. Recordation. This Agreement shall become effective upon execution by both parties and filing with the Clerk of the Circuit Court for Indian River County and the Clerk of the Circuit Court for Brevard County. REST OF PAGE INTENTIONALLY LEFT BLANK 5 147 IN WITNESS WHEREOF, the District has approved this Agreement at a duly ... noticed meeting held on March 13, 2013 and the County has approved this Agreement at a duly noticed meeting held on April 2"d, 2013. SEBASTIAN INLET DISTRICT Attest: BOARD OF COMMISSIONERS By: By / Beth L. Mitchell, Chairman �C��JC I P.1C�1PiU � INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Attest: Jeffrey R. Smith, Clerk of the Court and Comptroller By By: (Seal) Deputy Clerk Joseph E. Flescher, Chairman Date BCC approved: PROVED APPROVED AS TO FORM AND LEGAL SUFFICIEOqY reph aird, inistrator Alan S. Polackwich, Sr. County Attorney 6 148 r. ION STIAN INLET SAND TRAP (BORROW AREA) { D(n cn m cn o Z 0 �O v Q° D1 m i c a N AMBERSAND BEACH PARK a 0 2000 Scale in Feet MATCHLINE NOTE: IMAGE DATED 2010 F Exhibit 1 Primary Placement Locations Sectors 1 & 2 Bypassing Template 149 MATCHUNE `\IIS TREASURE SHORE BEACH PARK f� C R. r M 9 R. m z R_ r R. o D R, z Cn R_ GOLDEN SANDS R BEACH PARK R R R_ R. G R. R. N wABASSO BEACH PARK R a R.4 3 0 3000 Scale in Feet NOTE: IMAGE DATED 2010 F Exhibit 2 � Supplemental Fill Locations (R-17 to R-40) z 150 INDIAN RIVER COUNTY,FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Joseph A. Baird, County Administrator THROUGH: John King, Director, Department of Emergency Services FROM: Dale Justice, Emergency Management Coordinator DATE: March 22, 2013 SUBJECT: Approval of the Incident Command System Position Specific Training Services Agreement with the Treasure Coast Regional Planning Council. It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: The State Homeland Security Grant Program (SHSGP) provides funding for adequate assessment, planning and training for local security threats, natural or manmade disaster, and is pursuant to State Rule Chapter 9G-6 Florida Administrative Code and Chapter 252 Florida Statutes. The Florida Division of Emergency Management (FDEM) awarded Indian River County Division of Emergency Management the State Homeland Security Grant for the purpose of planning, training, and exercises. The Indian River County Board of County Commissioners approved grant#11-DS-9Z-10-40-01-386 on March 1, 2011 for these purposes. ALTERNATIVES AND ANALYSIS: Incident Command System Position Specific Training provides a strategic framework for managing an incident objective for rebuilding the community after a disaster. To help mitigate the impact of recovery after a disaster occurs, the state provides Department of Homeland Security funds in an effort to ease the financial burden on the counties. The Treasure Coast Regional Planning Council (TCRPC) is governed by Florida Statutes 186.505 and the council's inter-local agreement with counties allows county and municipal agencies and departments to contract with the council without obligation to bid the contract out. The TCRPC works through voluntary inter-local agreements to serve county and municipal agencies and departments as extended staff. As outlined in the powers and duties of regional planning councils, Statute 186.505(19), regional planning councils will enter into contracts to provide, at cost, such services related to its responsibilities as may be requested by local governments within the region and which the council finds feasible to perform. 151 FUNDING: This is a 100% federally funded agreement and no match is required by Indian River County. Grant funds cannot be utilized for in-house services. The Treasure Coast Regional Planning Council is authorized to provide technical services for Indian River County that meet the requirements of the Fiscal Year 2010 State Homeland Security Grant Program contract between Indian River County and the Florida Division of Emergency Management. Item Amount Account Number ICS Position Specific Training 15,000.00 00120825-033190-11801 Total $15,000.00 RECOMMENDATION: Staff recommends approval of the Treasure Coast Regional Planning Council Training Contract and request the Board authorize the Chairman to execute the agreements. ATTACHMENTS: Two (2)original agreements with the Treasure Coast Regional Planning Council APPROVED FOR AGENDA Indian River County Approved Date FOR: April 02, 2013 Administrator Legal J fit,`✓ BY: Budget 31270 Jose h A. Baird Risk Management s- County Administrator Department 152 GRANT NAME: Homeland Security Grant GRANT# 11-DS-9Z-39-10-40-XXX AMOUNT OF GRANT:$ 58 497.00 DEPARTMENT RECEIVING GRANT: Emergency Services _'ONTACT PERSON: John King PHONE NUMBER: 772-567-8000 ext.3859 1. How long is the grant for? 2.5 years. Starting Date: August 1,2010 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? Yes X No If yes,does the grant allow the match to be In Kind Services? Yes No 4. Percentage of match N/A 0% 5. Grant match amount required$ N/A 6. Where are the matching funds coming from(i.e.In Kind Services;Reserve for Contingency)? 7. Does the grant cover capital costs or start-up costs? Yes No If no,how much do you think will be needed in capital costs or start up costs (Attach a detail listing of costs) $ 8. Are you adding any additionalpositions 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 Other Match Costs Amount t Covered Total First Year $ $ $ $ Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparer: Date: December 13,2010 153 PROFESSIONAL SERVICES AGREEMENT BETWEEN INDIAN RIVER COUNTY `"" AND THE TREASURE COAST REGIONAL PLANNING COUNCIL FOR PROVISION OF POSITION SPECIFIC INCIDENT MANAGEMENT SYSTEM TRAINING This Agreement entered into on the date specified herein by and between Indian River County, Florida,hereinafter referred to as the "County" and the Treasure Coast Regional Planning Council (TCRPC), hereinafter referred to as the "TCRPC." The purpose of this Professional Services Agreement is to provide the basis under which the County and TCRPC agree to cooperate in the coordination and conduct of Incident Command System position specific training. WHEREAS,The TCRPC is authorized to provide technical assistance in the preparation, response and recovery from the impacts of disaster events to local governments in the "Treasure Coast Region. WHEREAS, It is hereby declared to be in the public interest and the purpose of this Professional Services Agreement that the County and the TCRPC jointly pledge their intention to cooperatively complete the Incident Command System position specific training required to respond to and recover from disasters through specific positional duties in accordance with State and federal regulations as required by the National Response Framework and the U. S.Department of homeland Security. NOW THEREFORE,THE PARTIES DO HEREBY AGREE AS FOLLOWS: Specific areas of agreement to coordinate respective activities are as follows: ARTICLE 1 SCOPE OF SERVICES The TCRPC shall furnish the necessary personnel,materials, and services and coordinate with the County to provide a facility (except as otherwise provided herein) and shall do all things necessary for or incident to the specified training set forth in this Agreement and in the Scope of Services attached hereto and incorporated by reference as Attachment A of this Agreement. The Agreement shall begin on the last day of signing and shall end on April 18, 2013. The TCRPC shall provide all staff services to the County for provision of training as identified in Attachment A and made part of this agreement. The TCRPC shall be bound by the Agreement with the County and requirements of the FY2010 Homeland Security Grant Program under the Florida Division of Emergency Management specified in contract number 11-DS-9Z-10-40-01-386. The TCRPC shall commence and complete the project with all practical dispatch and in accordance with the provisions herein. 154 ARTICLE II COMPENSATION AND METHOD OF PAYMENT Compensation to the TCRPC shall be an amount of$15,000.00 The County will pay compensation at the end the Agreement period based on completion of activities identified in the scope of work (Attachment A). The submission of deliverables listed therein within the scheduled time frame, and a determination by the County that the submittal has satisfactorily completed the pertinent activities and deliverables. The TCRPC will be paid 100 percent of the total Agreement amount at the end of the Agreement period. An invoice shall be initiated by the TCRPC following submission of course rosters and evaluations. ARTICLE III INDEPENDENT CONTRACTOR The TCRPC shall perform and render such work as an independent contractor and not as an agent, representative or employee of the County. Such work shall be performed in a proper manner,satisfactory to the County. ARTICLE IV CONTROLLING LAWILIABILITY This Agreement is to be governed by the laws of the State of Florida. The TCRPC will hold harmless Indian River County against all claims of whatever nature arising out of the TCRPC's performance of work under this Agreement with Indian River County to the extent allowed and required by law. Indian River County shall hold harmless the TCRPC against all claims of whatever nature arising out of the performance of work under this Agreement with the County to the extent allowed and required by law. ARTICLE V TERMINATION This Agreement may be terminated for reason by either the County or the TCRPC. In the event of termination, the TCRPC shall be paid for services performed to the termination date, or per course conducted. Without waiving their rights to terminate this Agreement, the County may delay, withhold or adjust payments under this Agreement. The TCRPC may delay or withhold its services in an attempt by each party to give the other party an opportunity to fulfill its obligations or to correct any violation of this contract. ARTICLE VI ASSIGNS The TCRPC and Indian River County each binds itself and its partners, successors, executors, administrators, assigns and legal representative of such party, in respect to all covenants and obligations of this Agreement. Nothing herein shall be construed to give any rights hereunder to anyone other than the TCRPC and Indian River County. FY2010 SHSGP Agreement(March 2013) 2 Indian River County Emergency Services 155 Except as otherwise authorized in writing by the County, the TCRPC shall not execute any contract or obligate itself in any other manner with any third party with respect to the training with the exception of contracting the instructor to conduct training. It is understood and agreed to that no supplemental agreement of any nature may be entered into by the parties hereto with regard to the work to be performed hereunder without the concurrenceof the County and the TCRPC, anything to the contrary in this Agreement notwithstanding. ARTICLE VII REPORTING REQUIREMENTS AND REIMBURSEMENTS A course roster and course evaluation shall be submitted for each course taught in accordance with this Agreement and this scope of work. ARTICLE VIII ADDITIONAL CONSIDERATIONS It is not the intent of this Agreement to specify all areas that can or should be effectively coordinated. This Agreement will serve as documentation of minimum compliance with the above sections and more generally to serve as a joint pledge of cooperation realizing the mutual benefit to be derived for effectuating a close and realistic working relationship. ARTICLE IX AUDIT AND INSPECTION The TCRPC shall permit the County to inspect all work, payrolls, records, invoices, and other relevant data;and to audit the books,records and accounts of the TCRPC pertaining to the development of the project. Records of costs incurred under terms of this Agreement shall be maintained and made available upon request. ARTICLE X NONDISCRINIINATION The TCRPC shall comply with federal regulations relative to non-discrimination in federally assisted programs. The TCRPC will not discriminate on the grounds of race, color,religion, sex or national origin. CONTRACT SIGNATURES AND DATE This agreement and its referenced attachments constitute all the terms and conditions agreed upon by the parties. N■• FY2010 SHSGP Agreement(March 2013) 3 Indian River County Emergency Services 156 CUPvW t , IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date written below. FOR THE COUNTY: FOR THE TCRPC: INDIAN RIVER COUNTY TREASURE COAST REGIONAL PLANNING COUNCIL BY: BY: Indian River County Per G. Merritt pe _Joseph E.Flescher, Chairman P7QZ&, M�j?iTT� RsSisT.AuT �RFC7''f- Name/Title Name/Title Date Date Approved: Attest:Jeffrey R.Smith,Clerk of Court And Comptroller By*Joh A.B ' d Administrator By. Deputy Clerk Approved as to form and leal sufficiency: By: Assistant County Attorney FY2010 SHSGP Agreement(March 2013) 4 Indian River County Emergency Services 157 ATTACHMENT A SCOPE OF WORK INCIDENT COMMAND SYSTEM POSITION SPECIFIC TRAINING The Treasure Coast Regional Planning Council (TCRPC)will provide services for Indian River County in the expectation of meeting the requirements of the Florida Division of Emergency Management State Homeland Security Grant Program contract with the County for provision of two (2) Incident Command System position specific training courses: L-965 Resources Unit Leader and L-970 Supply Unit Leader/Ordering Manager. This is a sub-contract between the County and the TCRPC. The intent is for the TCRPC to complete the scope of work required under the original County Contract with the State. TRAINING SCHEDULE April 8-11,2013 L-965 Resources Unit Leader April 15-18,2013 L-970 Supply Unit Leader/Ordering Manager PURPOSE To provide L-965 Resources Unit Leader and L-970 Supply Unit Leader/Ordering Manager training for -Indian-River County emergency services and response persorinet. These training classes will facilitate efficient functional use of the Incident Command System during disaster response and recovery, and ensure effective execution of Indian River County operational objectives for public safety. WORK PRODUCTS The TCRPC shall provide a concluding report on the L-965 Resources Unit Leader and the L-970 Supply Unit Leader/Ordering Manager training including copies of rosters, and course evaluations to the Indian River County Emergency Services in a final package and meeting requirements as outlined in Attachment D for submission to the State in fulfillment of the 2010 SHSGP contract requirements. The County is responsible for submission of deliverables package to the State Division of Emergency Management. COOPERATION The following individuals shall be the primary contact persons under this Agreement: Indian River County Mr. John King Director of Emergency Services 422543 rd Avenue Vero Beach,Florida 32967 (772)226-3859 E-mail: ikingna ircaov.com Treasure Coast Regional Planning Council Ms.Kathryn E. Boer Emergency Programs Coordinator Treasure Coast Regional Planning Council 421 SW Camden Avenue Stuart,Florida 34994 (772)221-4060 E-mail: kboer(catcrpc.ora FY2010 SHSGP Agreement(Ifarch 2013) S Indian River County Emergency Services 158 TRAINING FACILITATION AND COORDINATION Training will be coordinated by the TCRPC and will be conducted with FY2010 State Homeland Security Grant Program funds in the amount of $15,000.00. Eligible costs related to the TCRPC's facilitation of training classes include travel, training materials and supplies, instructor fees and coordination. Instructor Fees are: $14,000.00 TCRPC Coordination/Facilitation: $ 1,000.00 w. FY2010 SHSGP Agreement(Warch 2013) 6 Indian River County Emergency Services 159 1t/k CONSENT ..] INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Joseph A. Baird, County Administrator THROUGH: John King, Director �l'' Department of Emer cy Services FROM: Dale Justice, Emergency Management Coordinator 09— DATE: March 22, 2013 SUBJECT: Approval of the CERT (Community Emergency Response Team) Public CPR & AED Training Classes and Equipment. It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: Annually, the Florida Division of Emergency Management administers the Community Emergency Response Team (CERT) grant which helps to build, train and sustain local CERT teams. The Board of County Commission approved CERT grant #12-CI-24-10-40-01-407 on January 10, 2012 in the amount of$9,354.00. ALTERNATIVES AND ANALYSIS: The Indian River County CERT (Community Emergency Response Team) program trains and equips residents of Indian River County to respond to their neighbors, assess damage, treat the injured and assist public safety in times of disaster as well as providing non-disaster support, under the direction of public safety, for various public events. To help mitigate the impact to our communities after a disaster occurs, the state provided Department of Homeland Security funds in an effort to ease the financial burden and provide additional CERT courses. The approval of this contract will provide three (3) CERT CPR courses, books and equipment training up to 75 county residents. FUNDING: This is a 100% federally funded subgrant. Grant funds cannot be utilized for in-house services. The Florida Heart CPR is authorized by the Florida Division of Emergency Management to provide the technical services and meets the requirements of the Fiscal Year 2011 State 160 Homeland Security CERT Grant Program contract between Indian River County and the Florida Division of Emergency Management. Item Amount Account Number Provide certified CPR instructors for 3 CPR& 00120825-033190-13803 AED classes/equipment 1,200.00 00120825-035290-13803 Total 1.$1,200.00 RECOMMENDATION: Staff recommends approval of expenditures as stated in the Florida Heart CPR training agreement and request the Board authorize the Chairman to execute the agreements. ATTACHMENTS: Two(2) original agreements with Florida Heart CPR APPROVED FOR AGENDA Indian River County Approved Date Administrator •7 o FOR: April 02,2012 Legal Budget BY: Q Risk Management 26, Jose h A. Baird Department �6 l County Administrator 161 GRANT NAME: Community Emergency Response Team(CERT)Grant GRANT# 12-CI-24-10-40-01-XXX AMOUNT OF GRANT:$ 9,354.00 DEPARTMENT RECEIVING GRANT: Emergency Services CONTACT PERSON: John King PHONE NUMBER: 226-3859 1. How long is the grant for? 19 months Starting Date: October 1,2011 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? Yes X No If yes,does the grant allow the match to be In Kind Services? Yes No 4. Percentage of match N/A 0% 5. Grant match amount required$ N/A 6. Where are the matching funds coming from(i.e.In Kind Services;Reserve for Contingency)?_ 7. Does the grant cover capital costs or start-up costs? Yes No If no,how much do you think will be needed in capital costs or start up costs (Attach a detail listing of costs) $ 8. Are you adding any additional positions utilizing the grant funds? 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 N/A 011.13 Other Salaries&Wages(PT) N/A 012.11 Social Security N/A 10 012.12 Retirement-Contributions N/A 012.13 Insurance-Life&Health N/A 012.14 Worker's Compensation N/A .012.17 S/Sec.Medicare Matching N/A TOTAL N/A 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 N/A N/A N/A N/A 10. What is the estimated cost of the grant to the county over five years?$ Grant Other Match Costs Amount Not Covered Match T tal First Year $9,354.00 $ N/A $ N/A $9,354.00 Second Year $ N/A $ $ $ N/A Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparers Date: December 15.2011 162 CPR Training Proposal for Indian River County EOC BY FLORIDA HEART CPR This proposal is for Heartsaver Adult& Child CPR& AED instruction for the employees OA� �••- of Indian River County Emergency Operations Center. Each CPR/AED class is scheduled for 3 hours. The training will include video based instruction, review questions and hands on skill practice. The course will be taught in accordance with the standards set forth by the American Heart Association. Each student will be provided with a student workbook to keep as a reference after the course per American Heart Association guidelines. FLORIDA HEART CPR is responsible for issuing course completion cards from the American Heart Association which are valid for 2 years from the date of issue. The cards will be issued no later than 7 days from the completion date of the class. Each student will be issued a card when all course materials and skills are completed. Cards will be sent directly to EOC to facilitate record keeping. FLORIDA HEART CPR will provide all training materials. FLORIDA HEART CPR will also provide an adequate number of instructors in accordance with AHA guidelines. EOC agrees to provide a space for training that is adequate and comfortable for the student's learning experience. The space provided should also be free of interruptions. Students will not be allowed to leave the class early or enter class later than 15 minutes after the beginning of the class. Ultimately, this space should be a large room with television, DVD capabilities, carpeted with chairs and/or tables, with a large floor space to practice CPR skills. If a TV with DVD is not available, we will provide one. �. This training proposal price is based on two sessions with 25 students per session. FLORIDA HEART CPR proposes that this training will be provided for $600.00 per session, or$24 per person including student workbook. EOC agrees to notify FLORIDA HEART CPR of any additional students in order to facilitate notifying extra instructors. Failure to do so will limit class size to 50 students. FLORIDA HEART CPR agrees to carry insurance in accordance with the American Heart Association Guidelines. EOC agrees to provide FLORIDA HEART CPR with 24 hours cancellation notice to avoid incurring costs to FLORIDA HEART CPR for scheduled instructors. Cancellations the day of the course will incur a$100 charge. This proposal will remain valid for 60 days effective March 20, 20-13. AG,ayy1Nye, ye, Ltd. a Joseph E. Flescher, Chairman FLORIDA HEART CPR INDIAN RIVER COUNTY APPROVED Board of County Commissioners Attest: Jeffrey R. Smith, Clerk of APPROVED AS TO FOR,0 Court and Comptroller AND GA UF. By: Deputy r llnk5^ dtts'sri, .sxl.sar WiL,I1K.D RAAL �. ,coj 1rvrni IMTV ArrnRK!9V 1041 - Public Hearings-B.C.C. 04.02.13 y 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 _K? FROM: Alan S. Polackwich, Sr., County Attorney DATE: March 22, 2013 SUBJECT: Public Hearing and Adoption of Ordinance Establishing Amnesty Program for Certain Utility Delinquency Charges BACKGROUND. Under section 201.08(B) of the Code of Indian River County ("Code"), service availability charges are imposed on the owner of each water and sewer Equivalent Residential Unit ("ERU") which is reserved for future use. This charge is necessary to recover to the County the cost of repairing and maintaining the capacity in the water/sewer system which is reserved for the ERU. In the 2004-2006 timeframe, several property owners acquired ERUs for planned developments. However, with the economic slowdown that followed, many of these developments were not built — leaving the property owner with ongoing service availability charges for each ERU acquired. When property owners were unable or unwilling to pay these charges, delinquency charges of $2 and 1.5% interest were imposed monthly, pursuant to section 201.08(J)(4) of the Code. As a result, large amounts of service availability and delinquency charges are due with respect to several properties in the county. INDIAN RIVER CO. APP VED DATE APPROVED FOR APRIL 2, 2013 B.C.C. MEETING—PUBLIC HEARINGS Administration a? -County Attorney .ZG- 13 Budget 3 y t3 Utilities Dept. 3 Risk Management --- /COU1VTYATTORNEY 164 Board of County Commissioners March 22, 2013 Page 2 of 2 On February 14, 2012, in an attempt to encourage payment of the accrued service availability charges, the Board of County Commissioners adopted Ordinance 2012-001 which created an amnesty period from February 14, 2012 through March 31, 2012, during which delinquency charges would be waived if service availability charges were paid in full. This program was available only with respect to ERUs which were reserved for future use, but for which there had been no prior use or consumption. A few property owners took advantage of the 2012 amnesty program; however, after the amnesty program closed, staff and individual commissioners were approached by property owners who said that, for a variety of reasons related to the short duration of the program, they were not able to take advantage of it. On March 5, 2013, the Board voted to consider a new ordinance establishing a new, longer amnesty program, On March 19, 2013, the Board approved in concept a proposed ordinance establishing a new amnesty program, similar in details to the 2012 program, extending approximately five months from April 2, 2013 to August 31, 2013. The Board directed the County Attorney to advertise the proposed ordinance for public hearing and adoption — which is the subject of this agenda item. No changes have been made to the proposed ordinance since the March 19, 2013 meeting. RECOMMENDATION. The County Attorney recommends that the Chairman open the public hearing, take comments from the public and then close the public hearing, and that the Board then adopt the attached proposed amnesty ordinance. ATTACHMENT(S). Proposed Ordinance Establishing Amnesty Program for Certain Utility Delinquency Charges ASP:LAC Attachment(s) as noted IWO— F:WomeyDndaIGENER4LB C CL4gendabfemoslUtilities(4—n vProgram)02.do 165 ORDINANCE NO. 2013 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 201.08(J)(4) OF THE CODE OF INDIAN RIVER COUNTY; ESTABLISHING AN AMNESTY PROGRAM RELATING TO DELINQUENCY CHARGES ON CERTAIN UTILITY SERVICE AVAILABILITY CHARGES; MAKING FINDINGS AND PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, sections 201.08(13) and (C) of the Code of Indian River County (the "Code") requires that service availability charges be imposed on the owner of each water and sewer Equivalent Residential Unit ("ERU") which is reserved for future use ("Service Availability Charges"); and `VHEREAS, section 201.08(J)(4) of the Code provides that the County shall charge delinquency charges on all outstanding balances, including outstanding balances of Service Availability Charges; and WHEREAS, there is currently a significant outstanding balance of Service Availability Charges upon which delinquency charges are accruing — namely, those which are based upon ERUs reserved for future use, but for which there has been no past or present use or consumption of water or sewer services ("Reserved ERU Service Availability Charges"); and WHEREAS, payment of Reserved ERU Service Availability Charges is important to the financial well-being of the County's water and sewer system, because such charges reimburse the County for its expense in maintaining the infrastructure built to provide capacity for reserved ERUs; and WHEREAS, the creation of an amnesty program which, for a limited period of time, waives delinquency charges upon the payment in full of outstanding Reserved ERU Service Availability Charges will serve the public interest by encouraging the payment of such charges, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,FLORIDA,THAT: Section 1. Enactment Authority. Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of promoting the public health, safety and welfare of the residents of the county. The Board specifically determines that the enactment of this ordinance is not inconsistent with general or special law, and is necessary and appropriate to promote the health, safety and welfare of the residents of Indian River County. 1 166 ORDINANCE NO. 2013 - Section 2. Findings. The Board finds that the above "Whereas" clauses are true and correct, and hereby incorporates such clauses as findings of the Board Section 3. Amendment of Section 201.080(4) of the Code. Section 201.080(4) of the Code of Indian River County, Florida, is hereby amended to read as follows (new language indicated by underline, and deleted language indicated by str-ikedffe ): "(4) Delinquency charge. County shall charge an additional two dollars ($2.00) plus one and one-half(1 1/2) percent interest monthly (collectively "delinquency charges") on all outstanding balances including assessments, fees, charges, and other fees due (collectively "underlying charges") if payment is not made in full by each payment deadline date; provided,however, that the Utilities Director may waive some or all delinquency charges in connection with the reactivation of service of an existing account, where (i) payment in full of all underlying charges and delinquency charges would work a hardship to the customer, and such waiver is determined to be in the best interests of the County, and (ii) such waiver results in the immediate payment in full of all underlying charges and any delinquency charges which are not waived. With respect to service availability charges which (i) are based on the ownership of one or more ERUs which are reserved for future use but for which there has been no past or present use or consumption of services, and (ii) are unpaid as of April 2, 2013 Febraary 14, 2012, such delinquency charges shall be waived if the unpaid service availability charges are paid in full at any time between April 2, 2013 and August 31, 2013 Mar-eh 31, 2012. This _ shall Section 4. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 5. Codification. It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re-lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. 2 167 ORDINANCE NO. 2013 - -- Section 6. Effective Date. This- ordinance shall become effective upon enactment by the Board of County Commissioners and filing with the Department of State. This ordinance was advertised in the Vero Beach Press Journal, on the day of , 2013, for a public hearing to be held on the day of , 2013, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Joseph E. Flescher Vice Chairman `Vestey S. Davis Commissioner Peter D. O'Bryan Commissioner Bob Solari Commissioner Tim Zorc The Chairman thereupon declared the ordinance duly passed and adopted this day of ,2013. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY,FLORIDA By: Joseph E. Flescher, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court And Comptroller Approved as to form and legal sufficiency: By: Deputy Clerk Alan S. Polackwich, Sr., County Attorney EFFECTIVE DATE: This ordinance was filed with the Department of State on the day of 2013. r 3 168 40 SCRIPPS TREASURE COAST ' •Z.. f 3 NEWSPAPERS d• �• Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 SCRIPPS AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared,Sherri Cipriani,who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal,a daily newspaper published at Vero Beach in Indian River County,Florida:that the attached copy of advertisement was publshed in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County,Florida,and that said newspaper has heretofore been continuously published in said Indian River County,Florida,daily and distributed in Indian River County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid or promised any person,firm or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper.The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach,Indian River County,Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Ad Pub Customer Number Date Copyline Po# INDIAN RIVER CO ATTORNEY 2499711 3/23/2013 NOTICE OF INTENT AMNESTY PROGRAM NEWSPAPER E-Sheet® LEGAL NOTICE ATTACHED ********************* DO NOT SEPARATE PAGES Swor to and subscribed before me this day of, March 23, 2013, by k `t 1 � �k, v �� � .t.����t�� who is Sherri Cipriani a ORIG#9 ,[personally known to me or [ ] who has produced as identification. 'o Mary T. Byrn Notary Public —..— .— •,►„ ¢+� MARY T BYRtiE .= Notary Public-State of Florida My Comm.Expires Aug 2,2014 �`•.',;i'ai��.�� Commission#EE 7134 ipmna 621? TCPALM.COM CLASSIFIED SATURDAY,MARCH 23,2013 -SCRIPPS TREASURE COAST NEWSPAPERS • F27 f C ORDINANCES ORDINANCES Treasure •Z. �� a0-r5.01.1111RE11 NOTICE BIDING PETITIONS iLPETITIDNS he resolutions may RIDING FOR SERE- City Clerk,22 S. Coast TREASURE COAST NEWSPAPERS Cbe continued from M8N AN,ODI EF °range Street fells- Otime to time. TION AND AN FF- e ,FL between Classifieds c.i FECTIVE DATE the hours DI 0:30 ( V��• 1 TCopies of the e. .and t2 noon MOBILE APP Cproposed res Iulipns The Public Hearing and 100 pm.to 5:00 Adria 1M1e ieaal willbitheld..I-- p.m..Nfpnaav MAKE ascri Prion n daY,April 2,2013 et 1111,kidey. yavailable lar re 9:15 a.m.,or s soon Pursuant to Section YOUR Ina Dflice of the thereafter as me 286.0105,Florida O ESTATE FOR SALE city Clerk 2z s. a 1<r av be statptt: Ina city ADVERTISER 11 Orange Street, heard,in the County hereby adv)ses the Fellsmere,FL baf Commission Cham- Public that If a par- DOLLARS CI [ween the heure of bars located I M1e son decides to ap- p• 6:31 a. .ane 11 Aral nppr m W Ad peal v eati,id WORK ` COMMERCIAL-SALE noon and 1:OD P.m. A of the County Ad made by the board, 0 5:00 pm.,Monday III nl at ve Com- agency, 5&C-AAd Through Friaay. 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MERE,INDIAN RIV ~ CONDITIONAL USE WAUCFAFRIBAOfi35 ER COUNTY FLORI NOTICE IS HEREBY TfedSQfE Coast Yi N IS AND SITE 99,FLORIDA TAG OA,PROVIDING A GIVEN IhIl the Clds BifiedG l C N PIAN APPROVAL No AYJRU. A far- SHORT TITLE PRO n d e r z C ` HEARINGS Ie lure compla'nt has VIDING FINDINGS d srng ro engage n t been fled'.the 0, A N D I N TENT' b Hass under the tcPalm cpm c azsilld LL. The Cry of cul Court in and for GRANTING TO PIV I --pus n e H A Fellsmere proposes Mart n Colmy DIAL UTILITY F dfor LIN,local [^adopt the FlDrida HOLDINGS INC d it 30015E TPton : DBA FLORIDA CITY C. .me County It d folloREsOwng UT10NResoluYon Gll—R TFt.bald. GAS,ITS SUCCES s was n the Cn FIND OUT I_ O z NO.201306 Esq. 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Find anything r.i 6 VIDING FOR CITY w !d HENT ALONG OLE- PICKUP V 11 N REGULATION OF Vint FTEF15Y3PN01 kpm pianos ANDER STREET; STBET34116554]596 ,616 to percussion. AN.DEFER MULTI 2007 TOYOTA 4DR THE GAS SYSTEM:2000 Cadillac Black. ^, - PRESCRIBING PEN azure coo ` 0 USE PATH ALONG VIN TrIBE46K0]U)0 Vin 1G6k F5193y MYRTLE STREET 1)50,SHARP 60' ALTIES FOR THE Ut6t 093 . T classified st Y AND OLEANDER TELEVISION IN PROLV ISIONS;Pfl05'Sale Date is April 3rd +� STREET OR PAY- 21111411 0,SAM- 19am. A 1 N M HENT IN LIEU OF SUNG 43'TELEVI VIDING 51 ERASILI-pool.^will be Held V/ TY;PR°"°1"G A" al g Make your smartphone smarter. FOR A RECYCLING S 1 0 N S N Gary's T^wind, /r^J. CENTER LOCATED AND M 5B'93rf6, EFFECTIVE GATE. 4405 SE Cove R p • A Copy pf me pro- AT 2 N.OLEANDER AND VIZ10 50"TELE d Ordinance is Stuart FL 3499> c. STREET AND 15 N. V 15 I 0 N 5 N available far review Pub:Mar<n 23,2113 11u.brre , Get the local news app now! V MVflTLE STREET IN PHLBPAJ0810329.A n Ri.Office Of the TCN2499721 v \� C THE LIGHT IN plaint nae been VTRIAL ILII ZONING filed in the C_c,A OISTPICi,FUR ED Cour[in 51.Lucie ANT TO THE LAND County,Florida. p > CODE CT ON With the Treasure Coast Newspapers' -QQI 300ESEC TION AdamI Fenerman V B 1.6;P 1011"-General Counsel Y Y ING FOR RATIFI NT Gt.l,Of Lppnly new NOW feature,local news is more TION;CONSISTENT SM1erifPs ORice y WITH LOM PREHEN ])1-461-3325 SIVE PLAN AND THE accessible than ever. LAND DEVELOP Publish:Mar<M1 13,30, + C HENT CODE; 2013 CNN APPROVAL O F TCN2499463 [/� M O CONDITIONAL USE MIT;CONDI- t• I 1 f i�• • APPROOYF ORDINANCES . NOTICE I I NOTICE OF INTENT AND PUBLIC HEARING d G FOR AN Get it now, •> CTIVE DATE. NOTICE IS HEREBY L �1`� O O GIVEN hat �••�'� ,_e�,� The Plenn ng and B d f C y S I'0"I�® Cd P Cil-D, I` 1[,�p^Nrt Yld� -II d J^ SQ \V day Ap,il3 2013 P bl H 9 1'B,, pyy, SLg6f1�X6 z SO ^ b g 9 505 'd clop) f R Y �••/ p.m.qr h y a proposed o d thereaher n Inc Cry nano ant[led �y 195 ru41 payry^IhmlrlEglpM V/ •r• N COun<I Chambers h •ge _ _ w P F"aa y 11 5 Cyp,ess Street AN ORDINANCEOF BO \ t Fellsmere Flor de THE BOARD OF .4{asMmav¢ F4 (92 Publ'c Hear nAs on COUNTY COMMIS �r + he resoluTons may SION ERS OF INDIAN — W be cool Hued from RIVER COUNTY ��,� nmemlme FLG SI AMEND r N ING SECTION t The Cty Counc oI CODE 014)OF THEa. } the Ciry of Fellsmere CODE OF INDIAN will bold 4 public RIVER COUNTY;ES- hear ng Thursday, TA BU SHING AN Apr 416 2013, AMNESTY PRO SCRIPPS Treasm Coast Newspapers beg nn ng 11100 GRAM RELATING TO 'r•(355AT kA/�^,I p m.or shortly DELINQUENCY 1CPALM.cm't hereaher,0 the Cry CHARGES ON C R Coon c'1 Chambers, TAIN UTILITY SERV yy �p,nan-.y 1�,T ,� - 21 B Cypress Sheet, Ill AVAILABILITY �° fT•€ I'I,I•yl I+A CTuI F UU Fellsmefe,Flor da. CHARGES;MAKINO Pub c Haar nos o^ FINDINGS AND PPO INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(9)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Audra Rigby and Bill Rigby ADDRESS: 8465 59`h Avenue PHONE: 501-4753 SUBJECT MATTER FOR DISCUSSION: Garbage IS A PRESENTATION PLANNED? YES NO IS BACK-UP BEING PROVIDED YES NO IS THIS AN APPEAL OF A DECISION YES NO WHAT RESOLUTION ARE YOU Recap the decision regarding waste hauling services REQUESTING OF THE COMMISSION. ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? YESXa NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form COUNTY ADMINISTRATOR: E-Mail Fax Joseph A. Baird Mail MEETING DATE: April 2,2013 Hand Delivered Phone Documem3 Board Approved 11/7106 169 Depart mental Mattei-s Community Development INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator D IS N HEAD CONCURRENCE Ro ert M. Keating, AI ; Comm 11 ity Development Director L THROUGH: Sasan Rohani, AICP; Chief, Long-Range Planning FROM: Bill Schutt, AICP; Senior Economic Development Planner, Long-Range Planning . DATE: March 19, 2013 RE: Consideration of Triton Submarines, LLC's Request for a Local Jobs Grant It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its meeting of April 2, 2013. DESCRIPTION AND CONDITIONS As part of the County's initiatives to improve the local economic base, a package of economic development incentives designed to attract businesses to the county and to encourage existing businesses to expand their operations within the county was established in 1996. Included in that package of incentives was a local jobs grant program. That program, which was revised by the Board of County Commissioners in October 2000, December 2006, and March 2009, provides a financial incentive to businesses that create good paying, full-time jobs in Indian River County. Recently,a local jobs grant application was submitted by Triton Submarines,LLC.For reference purposes the applicant is referred to as "Company". As proposed, Company will bring approximately 24 additional jobs to the county by expanding its business. Those jobs will be in the following categories: 170 Job Title; Number of Wage Eligible Position Positions- , Comptroller 1 Yes Bookkeeper 1 Yes Sales Associates 1 Yes Technicians 6 Yes Support Associates 11 Yes Operation Manager 1 Yes Accounting Associates 2 Yes Office Associates 1 Yes Total 24 To be eligible for the County's Local Job Grant Program, an applicant must create at least 5 new jobs, and those jobs must pay wages equal to or greater than 75% of the county's average annual wage ($34,119 current average annual wage). Currently, seventy-five percent of the County's average annual wage is$25,589.25.All 24 proposed jobs meet the minimum wage requirements for the job grant application. According to its application,Company is proposing to create those eligible 24 jobs within the county in three phases. The following table indicates the number of jobs for each phase and the amount of job grant associated with that phase. Phase y Numbers'o new Date by whach prp�osed Amount of Job-Grant . Em Io ;ees Fobs;will be: rovided I 10 12/31/2013 $40,000 II 13 12/31/2014 $51,000 III 1 12/31/2015 $3,000 Total Em to ees 24 Total Jobs Grant $94,000 On March 19, 2013, the Economic Development Council (EDC) recommended that the Board of County Commissioners approve the proposed jobs grant of up to $94,000.00. ANALYSIS Company Currently, Company is located at 9015 17th Place and is planning to expand its operation in Indian River County by creating 24 new jobs. All of the 24 proposed jobs meet the minimum wage requirements under the Indian River County Local Jobs Grant Program. 2 171 Due Diligence As part of the process of evaluating Company for participation in the County's Local Jobs Grant Program,County staff and Chamber of Commerce staff conducted research on Company,its officers, and agents. Actions taken as part of that due diligence process included: • Obtaining and evaluating a Dun and Bradstreet credit/financial report for Company; • Conducting a general internet search for Company and its officers using key words such as, but not limited to "foreclosure" "lawsuit" "crime" "criminal" and "defendant"; • Checking the Florida Department of State Division of Corporations website for corporate registrations and liens; • Searching County official records for tax liens,judgments, and pending litigation; • Using Public Access to Court Electronic Records (PACER) to search for federal civil and federal bankruptcy actions; and • Other searches as needed Staff focused its due diligence research on the main sources of data readily available. Based upon that research, Company appears to be financially sound and appears not to have legal problems that might raise concerns for providing Company with public funds through the Local Jobs Grant Program. Local Jobs Grant Eligibility Review ➢ Industry Classification of Business To qualify for the County's Local Job Grant Program, a company must be one of the county's targeted industries. Under the County's target industry list, Company qualifies for the jobs grant program under the Boat Building category (NAICS 336611, Ship Building and Repairing and/or NAICS 336612, Boat Building). ➢ Job Creation Threshold As structured, the county's jobs grant program provides $3,000 for each new position created that pays from 75% to 99.99% of the County's average annual wage; $5,000 for each new position created that pays from 100%to 149.99%of the County's average annual wage;and$7,000 for each new position created that pays 150% or more of the County's average annual wage. Currently,the County's average annual wage is$34,119. It is anticipated that Company will create 24 new jobs in Indian River County, and all of the proposed jobs will meet the minimum job grant qualification of having wages that are above 75%of the County's average annual wage($25,589.25). 3 172 Grant Calculation The following table indicates the number of proposed j obs in each wage category,the amount of job grant associated with that wage category and the total jobs grant amount. Category Quahfled Jobs: Amount per Job Total .. .. 75%of county average wage 15 $3,000 45,000 100%of county average wage 7 $5,000 $35,000 150%of county average wage 2 $7,000 $14,000 Sub-Total Grant Amount $94,000 Jobs Grant Agreement If the Board of County Commissioners approve Company's Local Jobs Grant Application, a local jobs grant agreement will be executed between the County and Company. That agreement will stipulate various requirements, including that: ■ The grant will be payable over a three year period by phase. ■ Company will provide copies of its quarterly unemployment compensation reports(UCT—6 �... form) to the County so that the County can verify that the number of jobs claimed for each local jobs grant payment level is being provided. ■ Company will supply documentation to the County showing that employees reside within the County or in adjacent counties. Funding & Proposed Payment Schedule If approved,the local jobs grant will be funded from County General Fund contingencies taken from five separate County fiscal years starting in County fiscal year 2014-15. The following table indicates the proposed grant funds to be distributed to Company by fiscal year. FY Phases Proposed Job Grant Payments 2014-2015 I $13,333.33 2015-2016 I+II $30,333.33 2016-2017 I+II + I1I $31,333.34 2017-2018 I1 + I1I $18,000.00 2018-2019 III $1000.00 Total $94,000.00 4 173 The proposed payment dates and payment amounts stated will vary, depending upon actual performance by Company. Since there may be unanticipated delays in hiring new employees, an allowance for an administratively approved extension of up to one year will be included in the jobs grant agreement. That allowance could shift grant payments out by up to one year. In addition,the jobs grant agreement will allow for the shifting of jobs between phases. Thus,the jobs grant award for each Phase could be more or less than proposed. In no case, however, will the total jobs grant award exceed $94,000. Job Incentives Available through the State of Florida In addition to applying for a local jobs grant, Company may apply for a separate grant through the state of Florida. If the state program requires any local match, the $94,000 local job grant can be used for the match. CONCLUSION Based on the analysis conducted,staff has determined that Company qualifies for a local jobs grant of up to $94,000. RECOMMENDATION The Economic Development Council and staff recommend that the Board of County Commissioners approve a local jobs grant of up to$94,000 for Company. Staff also recommends that the Board of County Commissioners authorize the chairman to sign the Jobs Grant Agreement with Company after approval of the agreement by appropriate county staff and the county attorney's office (draft agreement attached). ATTACHMENT 1. Jobs Grant Application 2. Draft Jobs Grant Agreement Indian River Co. Approved Date -, 7�J p Approved Agenda Item: Admin. .3cel/ Legal P 3-.,s,13 For: JW 0 Budget 3 13 Dept. By: 9 . &U'd Risk Mgr. F:Community Development\Users\EDplannr\lncentives&Funding\Jobs Grant Program\Triton Submarines\BCC agenda item Triton Submarines April 2,2013.doc 5 174 Y, dMl/ LOCAL JOBS GRANT PROGRAM APPLICATION I. APPLICANT INFORMATION: {Pleaseill, nthie`Gare Shaded Cell }. Triton Submarines;LLC Patrick Lahey&L.Bruce Jones Business Name Business Owners Name 901.5 1.7ffi Place VERO BEACH FLORIDA 32966 Address City State Zip Code 772-770-1.995 PatrickCTritonsubs.com Tritonsubs.com Phone Number E-mail Website Patrick Lahey PRESIDENT Contact Person Title Business Unit's Federal. Employer Identification Number: Business Unit's Unemployment Compensation Number: Which of the following best describes this business: Yes/No NO New business to Indian River County YES Existing business in Indian River Count If an expansion,how many jobs are currently in the business? 14 1 Attachment 1 175 II. PROPOSED SITE LOCATION (if known): Address City Zip Code Property Parcel Number(s) Current Location(if different) Address City Zip Code Property Parcel Number(s) III. BUSINESS DESCRIPTION: Give a full description of the primary business activities/functions: Triton Submarines LLC is..a. world leaderin the design,-engineering and manufacturing of deep submersibles. Founded in 2007, the Company manufactures the j Triton '1Q00 and Triton 33Q0: submersibles at its' Vero Beach facilities. M List the NAICS Code(s)for the business: 336612 Note:NAICS Codes for business types can be found at the following website: http://www.census.gov/epcd/naicsO7/ Will the site be a dedicated headquarters office(regional,national,or international)? Cor orate Office and ''Manufacturin .Pacilit 2 176 0 `-- IV.JOB CREATION INFORMATION: Anticipated number of new full-time jobs that will be created by the business in Indian River County -z4 Salary range of new full-time jobs identified in the previous question:= 30K to:100K (PLEASE LIST ALL NEW POSITIONS AND SALARIES ON APPENDIX A OF APPLICATION) Phase Number of net Date by which promised jobs will be Year Average new full-time provided(Please circle the appropriate quarter end Annual equivalent jobs date). Wages ($) created in the business(Please list no less than 1 and no more than 3phases) March 3.1st June 30th September .December, 2013 268,000 30th 31st jj March 31st lune 30th September; .December '2014 429,000, 30th'. 31st:. March 31st June 30tYr. September December .2015 128,000 30tH .31st- Total ,24 V. CRIMINAUCIVIL FINES OR PENALTITES: List and explain any criminal or civil fines or penalties or ongoing investigations that have been imposed upon the company, its executives, or its affiliates and any recent bankruptcy proceedings of the applicant or its parent company: NONE 3 177 f APPENDIX A Please list all new job positions that will qualify under Indian River County's Local Job Grant Program. Please make additional copies of this form as needed. Job Title #of Anticipated Annual Annualized Average Benefits Included Positions Date of Hire Salary Per Value of Benefits Job Per Job Comptroller 1 00130/2013=1 $75,000 $25,000 . Health insurance,' vacation; and sick leave Bookkeeper 1 06/30%2013=1 $30;000 $18,4b0 Health Ins e, vacation; and"sick leave Sales Associate l 0688013=1 $351000: $18,Oa0 Health insurance,' vacation,' and sick leave Technician(s) 2 07/30%2013=1 . $3$,000 $24.000 Health insurance,' vacation,` and-sick ldaVe Support Associate(s) 3 05/30/2013=1 $30,000 $18,004 Health Insurance, vacation, . 48/30/2013x1 an , sick Teave 10/3 0/201-3=1 Operations Manager 1 05/3412414=2 $75>000 $250 0 Health insurance, vacation,; and sick leave. Accounting Associate(s) 1 03J30J2014=2 $30,000 $18,000 Health insurance, vacation; and sick leave 7 00 O 1 Technicians 3 03/3012014=2: :$38,000 `$20,000 Health insurance,' vacation, 06/30/2014=2 and sick leave 07/30/2014=2 Support Associate(s) 6 03/30%2014=2 $30,000' $18,000 Health insurance, vacation, 04/3012014=2 and sick.leave 06/30%2014=2 07/30/2014=72 08/30/2014=2 09/30/2014-=2 Office Associate 1 :03/30%201.4=2 $307000 `. $18;000 Health insurance; vacation, Nand:sickIleave Accounting Associate(s), 1 03/3012015=3 $30,000 $18,000 Health insurance; vacation; Md sick leave Technicians l 05/30/2014=3 $3.8,000 $20,000Healthinsurance; vacation; and sick leave Support Associate(s) 2 06/30(2013-3 $3Q,�00 . $18,000 Health insurance; vacation;: 09/3.0/2013=3 - and sick leave F:\Community Development\Users\EDplannr\Incentives&FundingUobs Grant Program\ApplicationUndian River County Jobs Grant Application-Fillable.doe 8 4/j W SWORN STATEMENT ON DISCLOSURE OF RELATIONSHIPS AND DISCLOSURE OF FINANCIAL CONFLICT OF INTEREST ,,,,,,.SIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement MUST be submitted with Local Jobs Grant Applications. 2. This sworn statement is submitted by: Triton Submarines,LLC (Name of entity submitting Statement) whose business address is: 901517'h Place, Vero Beach,FL 32966 3. My name is Patrick Lahey (Please print name of individual signing) and my relationship to the entity named above is Owner and President I understand that an "affiliate" means: The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. 5. I understand that the relationship with a County Commissioner or County employee that must be disclosed as follows: Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent, or grandchild. 6. I understand that business relationships and other financial relationships between affiliate and a County Commissioner or County employee, as each of these terms are defined under items 4 and 5 above, must be disclosed as part of this sworn statement. 7. Based on information and belief, the Disclosure of Relationships statement, which I have marked below, is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.] X Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, have any relationships as defined under item number 5 above, with any County Commissioner or County employee. Local Jobs Grant Applicant Sworn Statement on Disclosure of Relationships Page 1 of 3182 The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents, who are active in management of the entity, have the following relationships with a County Commissioner or County employee: Name of Affiliate Name of County Commissioner Relationship or entity or Employee 8. Based on information and belief, the Disclosure of Financial Conflict of Interest statement, which I have marked below, is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.] X Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, have any financial or business relationships as defined under item number 6 above, with any County Commissioner or County employee. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents, who are active in management of the entity, has the following financial or business relationships with a County Commissioner or County employee: Name of Affiliate or Entity Name of County Commissioner Description of Business or Financial or Employee Relationship Local Jobs Grant Applicant Sworn Statement on Disclosure of Relationships Page 2 of 3183 (Signature) a11sl13 (Date) STATE OF Ecca e-r flA COUNTY OF 1 N D i 4A) ��- The foregoing instrument was acknowledged before me this 1 S%lz day of F��Zzt tte-Y , 20 l 3, by f74 i r3 ►C,K L,.4 r-lr--Y , who is personally known to me or who has produced as identification. NOTARY PUBLIC SIGN: PRINT: M)q-9� Notary Public, State at large My Commission Expires: (Seal) s;. MARGARET GERGEN Commission#EE 037135 Expires October 25,2014 BadW1huTwjFain hsuarao09a&7019 FACommunity Development\Users\EDplannr\Incentives&FundingUobs Grant PrograrnUpplicationTINAL Disclosure of Relationships Form.doc Local Jobs Grant Applicant Sworn Statement on Disclosure of Relationships Page 3 of 3184 Triton Submarine, LLC Executive Summary February 1,2013 phi t, x rY� 3 "Triton makes the best manned submersible in the world today" Designed and manufactured in Vero Beach Florida.......Exported globally www.TritonStibs.com 185 Company: Triton Submarines, LLC was founded in 2007 by Bruce Jones, CEO, and Patrick Lahey, President, �... for the purpose of designing and manufacturing a. line of luxury yacht-based manned submarines sometimes referred to as "manned submersibles." The two founders each own 46.75% of Triton LLC with 6.50%owned by Ellis Adams co-founder of U.S. Submarine. Triton's principal office and manufacturing facilities are located in Vero Beach on Florida's Research Coast 57 mikes south of Cape Canaveral. Self-funded, the Company has completed the design, testing and introduction of two production models called Triton 1000 and Triton 3300, capable of reaching ocean depths of 1000 and 3000 feet respectively. Initial sales of both models have been accomplished. Participation at the 2011 and 2012 Ft. Lauderdale Boat Shows and recent promotional dives in the Bahamas has yielded many prospective submersible prospects and the sale of the third and more recently the fourth Triton 3300. During the past two years the Company has reinvested $IM of its assets in the design and prototyping of new production models and an additional $500K in marketing programs to promote the Triton 3300 and 36000 FOD models Products: Overviews of the Company's Products are as follows: "Production Models"Manned Submersibles— 10 to 12 month delivery • Triton 1000-$2 to$2.5 million,two sales,all produced and delivered, • Triton 3300-$2.5 to$3 million,four sales 1 produced and delivered;2 in manufacturing; 1 new sale. "Purpose Built Manned Submersibles"Full Ocean Depth(FOD)— 18 to 24 month delivery • Triton 36000-$17 million plus options,currently in design and development "Support/Launch&Recovery Vessels"- 10 to 12 month delivery • Bury Design Vessels- $800,000 to$1.5 million,in design; available 1Q2014 Services: The Company's Services are classified as follows: "Consulting" "Reoccurring General Maintenance" �► • Submersible modernization and reclassification refits • Quarterly and Annual Service • Optimization of submersible support systems. • Special Periodical Inspection Services • Pilot,Technician,and general operations services • Classification Testing and Recertification • Charter services for Adventure Tourism • Training • Conducting Site Surveys • Design and Development of Tourist Submarines Markets: • Super-Yacht Owners: Triton's current market for its Production Models is the global Luxury Yacht Owner Market. The total market size is estimated to be approximately 2,500 existing super yacht owners and there are currently over 700 super yachts under construction. Management estimates that over the next five years the total market size may approach 3,000 potential buyers with yachts over 100 feet in length. This computes to a total market value of$7.5 billion if one to conservatively use an average sales price of$2.5 million per manned submersible. • High net worth individuals/Resort Tourism the .largest market for the Triton LARC turnkey package is comprised of approximately 85,000 high net worth individuals and hundreds of global Charter, Resort and Adventure Tourism Companies capable of spending $3 to $5 million for a launch vessel and a self- contained submersible. • Scientific Exploration Entities primarily include Woods Hole Oceanographic, Scripts, Japanese based JAMSTEC, French based IFERMER, NOAA, NURP and Russian based RAS. Global universities and other private entities to include mining and exploration companies are prime targets for the Triton 3300 and 36000.FOD model. 186 • Filmmaking and Global Adventure Tourism Companies desiring to create new undersea content and new exciting venues using Triton manned submersible excursions are prime targets for the Triton submersible, support vessel and personnel to provide the ultimate ocean experience for these new commercial markets. Competition: Triton competes directly with Seamagine Hydrospace Corporation of CIaremont, CA and UboatWorx from the Netherlands for the sale of submersibles and to a Iesser extent for manpower consulting services. Other competitors include: Hawke Ocean Technologies located in San Francisco Bay Area, CA and to a lesser degree Doer Marine located in Alameda, CA. Triton current production models are far superior as compared to their competition for the following reasons: • Transparent Passenger Compartment . Intuitive Digital Touch Screen Control Providing Unsurpassed Visibility . User Friendly Three axis joystick controls • Surface Stability&Freeboard . Advanced Training& Support • Ease to Launch&Recover Expansion Plans: Triton Submarines, .LLC; is seeking to secure a $3 million funding to provide working capital to facilitate the expansion of its current manned submarine product Iine, support growth and to open new markets. The Company is currently completing the assembly of two 3300's, has secured a new multimillion dollar order in January 2013 for another 3300 and is at a threshold expecting to sign additional multimillion dollar contracts during the next six months. The"bridge"capital will be used as follows: • Expand current markets: $1 million to build a Bury Designed Launch and Recovery Catamaran "LARC" for the Triton 3300 production model submersible. The introduction of this transport vessel greatly expands the number of Triton's sales opportunities since it provides a submersible turnkey package with a lower price point for individuals and tourism companies by eliminating the need to own a luxury super-yacht. • Open new markets: $l million to pay for the delivery of the "Triton 36000" submarine's 90" glass sphere with Rayotec. The new Triton 36000 Full Ocean Depth (FOD) submersible models that use this sphere are designed to serve the scientific exploration and filmmaking communities. • Workiniz canital:$1 million to support the 2013 production ramp up for 3300 .sales, costs of facility expansion, marketing for LARC/3300 Package and general working capital to balance cash flows.. To date, Triton Submarine has sold six multi-million dollar submarines. The Company is debt free and will reach profitability by fourth quarter 2013. Revenues for 2013 are expected to increase dramatically to approximately $19 million primarily as a result of the successful launch and sales of the Triton 3300 model plus an order for the first Triton 36000. These sales will be complemented by additional revenues in 2014 generated from the sales of the Triton LARC turnkey package averaging $5M per sale. The new full ocean depth glass hulled model is expected to create additional revenue generating opportunities for custom submarine sales and exciting joint ventures for other purpose built deep ocean submarines in 2014 and beyond. Triton Submarine's revenue, excluding custom contracts and Joint ventures, is projected to reach $30 million and $37 million profitably in. 2014 and 2015 respectively. 187 Management Team: Bruce Jones, CEO, over 25 years submersible experience: 8-Year Chair Manned Submersibles Committee;ABS Special Committee on Undersea Vehicles Patrick Lahey,President, over 30 years submersible experience; thousands of dives as pilot in command; managed design and construction several large tourist submersibles. John Ramsay, Principal Mechanical Engineer, designed several successful civil subs; co-Designed Triton 3300/3 Jar] Stromer, Engineering Manager, 20 years of submersible experience; former senior engineer ABS; managed classification of dozens of submersibles. Marc Deppe,VP Marketing,real estate entrepreneur and investor; partner in Poseidon Undersea Resorts; strong marketing background. Financial Proiectiions: 2013 2014 2015 Sales Revenue: 1000&3300 Models 9.9M 14.5M 12.3M Triton 36000 FOD 9.OM 18.0M 24.OM Services 400k 500k 700k Gross Revenue 19.3M 33.OM 37.OM Less Cost of Materials/Sales (1.4.CML_(20.M) (20.9M Operating Revenue 5.3M 12AM 16.2M Less SGA Expenses: (3.8M) (5.71x1) (7 OM) Net Income EBITDA 1.5M 6.7M 9.2M Personnel Summary: 2011 2012 2013 2014 2015 Executive and Administrative 4 5 8 11 12 Technical Team 5 6 8 11 12 Support Team 2 3 6 12 14 Total#Employees 11 14 22 34 38 _Economic Impact Florida: 2011 2012 2013 2014 2015 Jobs 3.OM 3.6M 5.6M 7.2M 8.9M Florida Vendors 500k 500k 3.01x1 S.OM 5.0M Total 3.5M 4.1M 8.6M 12.2M 13.9M Contact Information: Bruce Jones,CEO Tel: (208)687-9057 Fax: (772)770-1395 E-mail: bruce(a-)tritonsubs.com Patrick Lahey,President Tel: (772)559-9687 Mobile (772)770-1995 Fax: (772)770-1395 E-mail: patr]ck(-)tritonsubs.com 188 ti... JOBS GRANT AGREEMENT BETWEEN INDIAN RIVER COUNTY AND TRITON SUBMARINES, LLC THIS INDIAN RIVER COUNTY JOBS GRANT AGREEMENT("Agreement")is made as of the 2nd day of April, 2013 (the "Effective Date") by and between Indian River County, a political subdivision of the State of Florida,by and through its Board of Commissioners,hereinafter referred to as COUNTY, and Triton Submarines, LLC, a company authorized to do business in the State of Florida, hereinafter referred to as COMPANY. BACKGROUND RECITALS: WHEREAS, it is the policy of COUNTY to stimulate economic growth in Indian River County by either attracting new businesses to Indian River County or by encouraging the expansion of existing businesses within Indian River County; and WHEREAS, the creation of new employment opportunities for residents of Indian River County and the increased tax revenues resulting from such business expansions or relocations within Indian River County is beneficial to the local economy; and WHEREAS, COUNTY has determined that offering a Jobs Grant Program encourages businesses to expand within or new businesses to locate in Indian River County and thereby creates new employment opportunities for the residents of Indian River County; and WHEREAS,Indian River County,through its Board of County Commissioners,has created a local Jobs Grant Program; and WHEREAS, COMPANY currently has 14 full time employees employed within Indian River County, and WHEREAS,COMPANY,in accordance with the county's Jobs Grant Program criteria,will expand its business in Indian River County to create 24 additional full time jobs, which pay at least 75% of Indian River County's average annual wage level; and WHEREAS, COMPANY has been determined to be eligible to receive a Jobs Grant; and WHEREAS, COMPANY acknowledges that this Agreement shall be based upon compliance with County jobs grant program requirements; and, WHEREAS, COUNTY finds and declares that it is in the public interest to award a Jobs Grant to COMPANY pursuant to the terms of this Agreement. Attachment 2 -1- 189 NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the parties do agree as follows: 1. Definitions. As used in this Agreement, the following terms shall mean: a. "Adjacent County"means Brevard,Osceola, St.Lucie,Okeechobee,and Martin Counties. b. "Annual Wage" - includes salary, bonuses, and commissions. c. "Default" - failure to comply with the terms of this Agreement. d. "Expanding Business" —shall be defined as a business expanding its operation over and above its base employment amount at the time of j obs grant approval by 5 or more new jobs to employ 5 or more new full-time employees in the County within the term of the Granit. e. "Full-time Equivalent Job"-shall be defined as a position that is scheduled for at least 35 hours per week. f. "Indian River County Average Annual Wage" — shall be defined as the average annual wage per job in Indian River County as determined by Florida Agency for ••- Workforce Innovation, Labor Market Statistics Center, Quarterly Census of Employment and Wages Program, in cooperation with the U.S. Department of Labor,Bureau of Labor Statistics.Currently,the County's average annual wage is $34,119 (effective January 1St 2013 for the state QTI Tax Refund Program). This dollar value shall be used for the duration of this agreement for determining local jobs grant incentives. g. "New Business"—shall be defined as a business establishing 5 or more new jobs to employ 5 or more new full-time employees in the County within the term of the Grant(as such term is hereinafter defined),provided that such business first begins operations on a site in the County clearly separate from any other operation owned by the same business. h. "Quarterly Unemployment Compensation Report(UCT-6 form)"—Form from the Florida Department of Revenue that businesses in the state of Florida must complete and submit to the state on a quarterly basis. Information collected on the form includes the names of employees,their social security numbers,and the gross wages paid to each employee on a quarterly basis. The information is used for unemployment compensation should employees cease to be employed. For purposes of this jobs grant agreement, this definition shall also include other -2- 190 „,. similar county approved certified forms from COMPANY or COMPANY's professional employer organization. i. "Relocation of a business” — a business relocating to Indian River County and employ 5 or more full-time employees in the County. 2. Term; Termination. This Agreement shall be effective as of date of this agreement stated on page 1 and shall automatically terminate after COUNTY has made the last payment to COMPANY,unless terminated earlier by COUNTY because of a default by COMPANY. 3. Grant Eli ig bility; Payment Schedule. a. COMPANY will be eligible for total Jobs Grant Funding (hereinafter a "Grant") in an amount of up to $94,000. Said Grant shall be payable in the following Phases specifically set forth herein. COMPANY acknowledges and agrees that the initial Grant under this Agreement is payable on a re-imbursement basis. There are a total of 3 separate Phases. The number of jobs estimated to be provided by phase is listed below. Jobs grant payments are dependent upon the number of employees exceeding the company's employment level at the time that this agreement is approved by the Indian River County Board of County Commissioners. (i)For Phase 1, 10 new qualifying jobs meeting the wage level commitment in Section 5 of this Agreement will be provided by 12/31/13. For each of the three successive annual periods that those jobs are maintained at the required wage level, COMPANY shall receive 1/3 of the Grant amount for those 10 jobs. (ii)For Phase I1, 13 new qualifying jobs meeting the wage level commitment in Section 5 of this agreement will be provided by 12/31/14. For each of the three successive annual periods that those jobs are maintained at the required wage level, COMPANY shall receive 1/3 of the Grant amount for those 13 jobs. (iii)For Phase III, 1 new qualifying job meeting the wage level commitment in Section 5 of this agreement will be provided by 12/31/15. For each of the three successive annual periods that that job is maintained at the required wage level,COMPANY shall receive 1/3 of the Grant amount for that 1 job. (iv) It is understood that the quantity and types of jobs proposed by phase, their annual wages, and dates of hire are estimates. Because of that, the -3- 191 NNW quantity and types of jobs provided in each phase may shift between phases, and phase commencement dates may be extended. Proposed jobs will remain eligible for local jobs grant incentives provided: a. The minimum number of qualifying jobs that must be provided in Phase I is 5. b. The maximum number of jobs eligible for local jobs grant funds for Phases I, II, and III is 24. c. The maximum extension for a phase commencement date shall be one year. Such commencement date may be approved administratively by County staff. If any of the 24 eligible jobs proposed for Phases I,and II,and III are created after the Phase III commencement date or, if applicable, after an administratively approved extension to the Phase III commencement date, those jobs shall not be eligible for localjobs grant funds, unless an amendment is made to this agreement to allow for that. d. In no case shall the total local jobs grant award exceed$94,000. (v) Failure of COMPANY to maintain claimed jobs for at least 3 years at required wage levels will result in the reduction of the Grant amount paid to COMPANY, as set forth herein. If, by the end of any of the annual periods, COMPANY has not maintained the total number of claimed jobs required or if COMPANY has provided the total jobs required, but the annual wage for any of those jobs is less than required for that year, COUNTY will lower the jobs grant award for the respective year by the amount allocated in such year for each job for which the requirements of this agreement are not met. Thus, the total jobs grant award could be less than $94,000 by the end of this Agreement. b. Performance Evaluation for Payment. COMPANY shall provide to COUNTY an employee census for the date that this jobs grant agreement is approved. That employee census must list employee name,job title,city and state in which the employee lives, annual salary, location where employee works, and date of hire. COMPANY's performance evaluation will be conducted on an annual basis using the information provided on the State's Quarterly Unemployment Compensation Report(UCT-6 form)and COMPANY's quarterly updates to its employee census. Each updated employee census must include the information referenced above plus the date of termination for each employee (if the employee terminates employment with the company). COMPANY shall supply additional documentation to COUNTY, in a form acceptable to COUNTY,showing that positions for which jobs grant funds will be awarded are filled by people who live in the general area/region. -4- 192 The Grant eligibility determinations will cover one year periods for each of the Phases, with each yearly period beginning and ending as follows: Phase Grant Eli "ibili '" Determinations ,. sf Zna Y, final 7 Be m Erid, Beni ,,' End' I 12/31/2013 12/31/2014 1/1/2015 12/31/2015 1/1/2016 12/31/2016 Il 12/31/2014 12/31/2015 1/1/2016 12/31/2016 1/1/2017 12/31/2017 111 12/31/2015 12/31/2016 1/1/2017 12/31/2017 1/1/2018 12/31/2018 (i) Each job must meet the minimum wage requirements specified in this Agreement. Payment of Grant funds shall be made within forty-five (45) days after the date COMPANY submits the latest State Quarterly Unemployment Compensation Report comprising the Annual Job Status Report(as defined in Paragraph 7),and this payment obligation shall survive the termination of this Agreement. Notwithstanding the foregoing,should the date for filing the last quarterly unemployment compensation report, as described above,not coincide with the date that an eligibility determination is made,COMPANY shall have the right to file a report,in a form substantially similar to a quarterly unemployment compensation report, and such report shall constitute the Annual Job Status Report,the filing of which shall begin the running of the forty-five(45)-day period within which payment shall be made. If COMPANY applies for a Qualified Target Industry (QTI) Tax Refund from the State of Florida and if COMPANY has that QTI Tax Refund approved by the State, County will reduce the local jobs grant amount paid directly to COMPANY for each eligibility determination in an amount sufficient to cover COUNTY's QTI Tax Refund 20%contribution obligation to the state for COMPANY's QTI Tax Refund agreement. COUNTY will submit the 20%payment obligation to the state for placement in the Florida Economic Development Trust Fund. 4. Job Creation Commitment. COMPANY estimates that it will provide 24 new eligible jobs within the county as set forth in Exhibit"B", which is attached hereto and made a part hereof.The exact number of j obs actually supplied and their salaries, however, may vary. Local jobs grant funds will be awarded up to a maximum of $94,000. The jobs grant award will be based on the following: G`ategory Amount,Per Job;;, 75%to 99.99% of Indian River County $3,000 Average Annual Wage 100%to 149.99% of Indian River County $5,000 Average Annual Wage -5- 193 Amount Per Job 150%of Indian River County Average $7,000 Annual Wage(or greater) 5. Wage Level Commitment. COMPANY estimates that it will pay 15 employees whose jobs are eligible for a Grant hereunder an annual wage of not less than $25,589.25, will pay 7 employees an annual wage of not less than $34,119.00 and will pay 2 employees an annual wage of not less than$51,178.50. The annual wage of the positions will be determined without taking into account the value of any benefits. COMPANY shall,in accordance with the provisions of paragraph 6 herein below, provide written verification of such wages satisfactory to COUNTY. COMPANY'S failure to maintain its wage level commitment for any one year will result in the reduction of the Grant amount for that year(s). 6. Annual Job Status. COMPANY must provide COUNTY with State Quarterly Unemployment Compensation Reports (Form UCT-6) of its business operations within Indian River County on State form UCT-6,as amended,a sample of which is attached hereto and made a part hereof as Exhibit "C". COMPANY must also provide COUNTY with quarterly updates to its employee census for employees working at its Vero Beach location(s) (see section 3.b. of this agreement). The cumulative Quarterly State Unemployment Compensation Reports required to be filed for the annual period, correlated with each eligibility determination and the corresponding quarterly employee census,shall collectively comprise the Annual Job Status Report. Starting with calendar quarter 4 in 2013,quarterly reports must be submitted for grant eligibility determination. Those quarterly reports must be submitted until the termination of this agreement. 7. Default; Termination. In the event that COMPANY defaults in the performance of its guarantees and commitments as provided for in this Agreement,COUNTY may, at its option,terminate this Agreement. 8. Indemnification. COMPANY shall indemnify and save harmless and defend COUNTY, its agents, servants, and employees from and against any and all claims, liabilities,losses, and/or causes of action which may arise from any negligent act or omission of COMPANY, its agents, servants, or employees in the performance of services under this Agreement. 9. Forum; Venue. This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Indian River County or the Federal District Court for the Southern District of Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition -6- 194 to every other remedy given hereunder or now or hereafter existing by law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Parties hereby waive their right for a jury trial. 10. Lobbyist Certification. COMPANY warrants that it has not employed or retained any company or person,other than a bona fide employee working solely for COMPANY, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for COMPANY,any fee, commission,percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. 11. No Discrimination Certification. COMPANY warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual_ orientation. 12. Attorneys Fees. 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. �- 13. Enforceability. If any term or provision of this Agreement,or the application thereof to any person or circumstances, shall to any extent be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms 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. The Company's failure to maintain its job creation commitment or annual wage level commitment for any one year will result in the decrease of the Grant amount it was scheduled to receive for that year; however, such decrease will not preclude the Company's receipt of scheduled Grant amounts for those subsequent years in which it is able to maintain its job creation and wage level commitment. 14. Assignment. COMPANY shall not,directly or indirectly,assign or transfer any of its rights or obligations under this Agreement, or any interest therein(the foregoing herein collectively "Transfer"), without the express prior written consent of COUNTY. COUNTY shall not unreasonably withhold its consent to any Transfer. Any such attempted Transfer without the express prior written COUNTY consent shall be null and void and may, at the option of COUNTY, be deemed an event of default under this Agreement. COMPANY acknowledges and agrees that COUNTY has the right,in granting or withholding consent to any Transfer,to consider,among other things, the financial responsibility and business reputation of the proposed -7- 195 assignee or transferee(the foregoing herein collectively"Transferee");and any other items that the Indian River County Board of County Commissioners, in its sole discretion, deems appropriate. If COMPANY seeks COUNTY's consent for a Transfer,COMPANY shall submit to COUNTY a written request therefore,accompanied by the following documentation: (i) the name, address, and telephone number of the proposed Transferee; (ii) a description of the business and jobs, including wages, to be created in Indian River County; and (iii) a financial statement or other reasonably detailed financial information concerning the proposed Transferee. COMPANY acknowledges and agrees that: (a)the County Administrator or his designee,or the Indian River County Board of County Commissioners, has the right to request any additional information deemed necessary to make the decision relating to consent to the Transfer; and (b) any such request for a Transfer is expressly subject to the approval of the Transfer by the Board of County Commissioners at a formal meeting thereof,and such Transfer shall become effective only when signed by the Transferee and approved by the Board,which consent shall not be unreasonably withheld. The foregoing covenant shall be binding on the permitted successors or assigns of COMPANY. The prohibition on Transfers shall not prohibit a change in the form in which COMPANY conducts business. COMPANY will be released from further liability under this Agreement in the event of an approved Transfer;provided that the County's consent to any Transfer will not otherwise relieve COMPANY from any pre-existing obligation to COUNTY under this Agreement. 15. Conflict of Interest. COMPANY represents that it presently has no interest and shall acquire no interest,either direct or indirect,which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes 112.311. COMPANY further represents that no person having any interest shall be employed for said performance. 16. Notices. All notices required in this Agreement shall be sent by certified mail,return receipt requested and if sent to COUNTY shall be mailed to: Community Development Director Indian River County 180127 th Street Vero Beach, Florida 32960 and if sent to COMPANY shall be mailed to (or current, official address): Patrick Lahey 9015 17th Place Vero Beach, FL 32966 -8- 196 17. Entire Agreement. COUNTY and COMPANY agree that this Agreement sets forth the entire Agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. 18. No Pledge of Credit. COMPANY shall not pledge COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation,judgment, lien, or any form of indebtedness. 19. Public Records. COMPANY shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement. 20. 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. 21. General. The Background Recitals are true and correct and form a material part of this Agreement. IN WITNESS WHEREOF,the Board of County Commissioners of Indian River County, Florida has made and executed this Agreement on behalf of the COUNTY and the COMPANY has hereunto set its hand the day and year above written. -9- 197 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Joseph E. Flescher, Chairman ATTEST BY: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk APPROVED: J eph A. Baird, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY • Alan Pola'kwich, County Attorney COMPANY: BY: Title: Typed Name WITNESS: Title: Signature -10- 198 EXHIBIT "A" TO THE JOBS GRANT AGREEMENT BETWEEN INDIAN RIVER COUNTY & TRITON SUBMARINES, LLC Company Identification and Information: Application received date: February 7, 2013. COMPANY description: Triton Submarines, LLC is a world leader in the design, engineering and manufacturing of deep submarines. Founded in 2007,the company manufactures the Triton 1000 and Triton 3000 submarines at its Vero Beach facilities. COMPANY'S current local mailing address: 9015 17th Place Vero Beach, FL 32966 -11- 199 EXHIBIT "B" TO THE JOBS GRANT AGREEMENT �.. BETWEEN INDIAN RIVER COUNTY & TRITON SUBMARINES, LLC I. Target Industry Categories eligible for application: COMPANY qualifies for the jobs grant program under the "other targeted clean light industries category". Under North American Industrial Classification System (NAICS), COMPANY's activities are classified in category as"Ship Building and Repairing",NAICS Code#336611 and"Boat Building",NAICS 336612. II. Employment Commitment: The COMPANY is receiving this grant based upon its representation that it will bring the following employment opportunities to Indian River County: 1) 15 # of new, full-time employees whose annual wages are between 75% and 99.9% of Indian River County's average annual wage. 2) 7 # of new, full-time employees whose annual wages are between 100% and 149.99%of Indian River County's average annual wage 3) 2 # of new, full-time employees whose annual wages are 150% or greater of Indian River County's average annual wage III. Grant Amount , x yl Category; Qualifiedobsf Amortntper;Job 'total �T. 75%of county average wage 15 $3,000 $45,000 100%of county average wage 7 $5,000 $35,000 150%of county average wage 2 $7,000 $14,000 Sub-Total Grant Amount $94,000 *The actual amount of the grant will depend upon the actual number of jobs provided and the salary paid for those jobs. In no case shall the total amount of the grant exceed$94,000. FACommunity Development\Users\EDplannr\lncentives&FundingUobs Grant Program\Triton SubmarineWobs Grant Agreement-For Signature.doc ."' -12- 200 Exhibit "C" Use black in k.Exam IeA Randwnttea EXam_le8_T ed Florida Department of Revenue Employer's Quarterly Report _....._.._.____..____._._._e_....._r...__.__._:...:_.._..__._....�..__�e.....__ CnEmployers ers are required to file quarterly taVwa e reports regardless of employment activity or whether any axes are due.�nmiRi�nnr oroip_MOrni u7) UCT-6 R.01/11 QUARTER ENDING DUE DATE PENALTY AFTER DATE TAX RATE - - -- UT ACCOUNT NUMBER I EI Do not make any changes If you do not have an account number,you III IIII III I II III II II IIIII I II IIII II tothe mationpre-printed this are required foregister(see instrucfions). information on this form, F.E.I.NUMBER If changes are needed, 7 request and complete an _.1 J Employer Account F1'[ -�L.- il --1 -- (..._. _._ ....._ Change Form(UCS-3). FOR OFRCIALUSE ONLY POSTWXDATE Reverse Side Must be Completed 11 I9/l.__.._I�--_.-� 11L.__..1 L_I Name 2. Gross wages paid this quarterMailing f ' I I i __ f..... ,_...._ Address (Must total all pages) 1:11111'L L I'll]J � City/St/ZIP 3, Excess wages paid this quarter Ii ! (See instructions) I-._.. I.___1 _._ 1I _.__. _.._: L.. _ I ___1 t.._....J 4. Taxable wages paid this quarter I (See instructions) [........ F1j ._..._) I [I[I. Location I- - - --- Address 5. Tax due � I I I j City/St/ZIP (Multiply Line 4 by Tax Rate) ' I ;7 i 6. Penalty due I Entertnalot alnumbe 1 r....._........... ........1._..._ r._..... (See :structiorl I ; j I ,; of fuU-time and art-time 1st Month i i — �' P i i �l 7. Interest due covered workers who I performed services during ❑ (See instructions) , L or received pay for the 2nd Month 8. (neeinstntfee ) �1. ;- payroll period including the � r ; , Sae instructions) u 12th of the month. 3rd Month ❑ ] - '-- '-- 9a. Total amount due 1111. j 7 (See instructions Check if final return: El Date operations ceased. 9b. AnwuntFndosed �j n n.�n I_._.) (See in n J CJ'L-J 1__71._ 17t-__-.i f___J t__.l. !_...J!__.....1 Check if you had out-of-state wages.Attach Employer's : If you are filing as a sole proprietor,is this for Quarterly Report for Cut-of-State Taxable Wages(UCT-6NF). M? I w. _.' i. domestic(household)employment only? i. Yes L.._...No \n. Under penalties of perjury,I declare that I have read this return and the facts stated in it are true(sections 443.1710 and 443.14112),Florida Statutes). Title Signhere __._.._.__.._._.....__...._..........-........__._..._.____...._._.___......_._.__._. ---__._ ._signature of officer ---- --- ---_..._. Date --�- Phon@ { )--- Fax ( ) Pr"Preparer's Preparer check Preparer's if self-employed❑ SSN or's Paid prnN eparers Firm's name(or yours Date FEIN only if self-employed) ..._........---...............................---............__..__..............._..........._........__.......—_............ and address ZIP._.........._.._._._....__. Preparers phone number { ) -----------------------------..____-______»___-___-__--_--_--___-__-____---__-____..___-_______-AQN4T_---__-_ DETACH _______ __-- Rule 6068-2.037 Employer's Quarterly Report Payment Coupon UCT-6 Florida Administrative Code R.01111 Florida Department of RevenueCOMPLETE and MAIL with your REPORT/PAYMENT. DOR USE ONLY \1 T Please write your UT ACCOUNT NUMBER on check. Make check payable to: Florida U.C.Fund F/a ZPF] P Y POMARK OR rfAND-DYERY DATE UT ACCOUNT NO. , R__f '� `- I U.S.Dollars I Cents I GROSS WAGES !i F.E.I.NUMBER :- !1 �I l ' : J - (From Line 2 above.) AMOUNT ENCLOSED (From Line 9b above.) ] Name PAYMENT FOR QUARTER I I ENDING MMM L L_ U Mailing Address F__ Check here if you are electing to Check here if you transmitted City/SVZIP (...__ pay tax due in installments. _.__':. funds electronically. L 9100 0 99999999 0068054031. 7 5009999999 0000 4 201 LFlorida Department of Revenue Employer's Quarterly Report LICT-6 IR.01/11 Ernp yers are required to file quart"taxiwage reports regardless of employment activity or whether any taxes are due. QUARTER ENDING EMPLOYER'S NAME LIT ACCOUNT NUMBER [I/[11U [11111 11.EMPLOYEE'S NAME(Please print first twelve characters of last name and EFS GROSS WAGES PAID THIS QUARTER i10.EMPLOYEE'S SOCIAL SECURITY NUMBER i EMPLOYEE'S I lal� EMPLOYEE'S TAXABLE WAGES PAID THIS QUARTER Only the first$7.000 paid to each employee per calendar year is taxable. L lat-1 as, r-1 I E 0 F-❑El I—]El 11 E 12., L][J 7EI 1111- 1111 '-'is' "'idifle F", 12b. Nam. El F1, initial -1 -- _ - 11 Ell- ... -1 F 2a, I'larin 111 OT-1 111-111 E-1 r--1—E 0—E E E 0 La . 1111 —1 El P--,1- 111❑Ll 1211. [ILI Middle Name llial F"t ❑ IF Namei 12.. [11. lL-1 El[IF-111E 0!, Ell L11111 [ILI First iddle Name ❑ ll')1itial 12b. 7 7❑ , Name HL I k�i—F ddle F1 Name itial 111111 El 1111 Ili 12b. Last I'Ll Li L, Li Ll Name Ll E 110 1[-1—[111—11111-111 EMEEME0000 12. ILI Mid1lia [� 12b. Frs, E L-1 E F1 n 1111 F1 Initial F-11 L❑'1]- 1-1 El- 1-10 Nam Name E F-I Eli- 1111 [11IF-1 11—1110—BE 0 E Last,- 1�1111 E E E EI Eil E 1111 1i 12a. ILI F—I F Middl Fi rate FJ F,171 -itiale 1121d. fI Narn if, G E❑ Last L Name ❑ % ❑ 2.. 11 E 11 1EI F1 . Middle I 1 11 E- 11 Fist11— EEEE1ritual 12b L11E- 11Name 1 F —F [ 1][ [ Nme 111112.. E1EIEE17 First Middle E, i2b. Name L L]Jff][]E[],P Initial El 0 0 0 El- 011 13a.Total Gross Wages(add Lines 12a only). Total this page only. Include this and totals from additional pages in Line 2 on page 1. ;[111 Ell 1[]1111- 1111 U 0 13b.Total Taxable Wages(add Lines 12b only). Total this page only. Include this and totals from additional pages in Line 4 on page L J DO NOT bif4da Mail Reply To: Social security numbers(SSNs)are used by the Florida Department of Revenue as unique Unemployment Tax identifiers for the administration of Florida's taxes. SSNs obtained for tax administration Florida Department of Revenue purposes are confidential under sections 213.053 and 119.071,Florida Statutes,and not 5050 W Tennessee St Bldg L subject to disclosure as public records. Collection of your SSN is authorized under state Tallahassee FL 32399-0180 and federal law. Visit our Internet site at www.myflorida.com/dor and select"Privacy Notice"for more information regarding the state and federal law governing the collection, use,or release of SSNs,including authorized exceptions. Tired of paperwork?We can help! File and pay your Florida unemployment tax online. It's fast,easy,accurate,and secure. Intemet Address:www.myf1orida.com/dor 202 /� --L Departmental Matters Indian River County Inter-Office Memorandum Office of Management and Budget TO: Members of the Board of County Commissioners DATE: March 22, 2013 SUBJECT: Report on Outstanding County a Issues FROM: Jason E. Brown, CGFO Director, Management & Budget Background On March 12, 2013, staff made a presentation to the Board of County Commissioners detailing the recent affirmation of the County's AAA rating on the County's Water & Sewer Revenue Bonds by Fitch Ratings. During discussion of the item, it was requested that staff bring back a report on all of the County's outstanding long-term debt. In accordance with that direction, staff presents the following report. In addition, please find a copy of the long-term debt portion of the County's annual budget document attached, which provides basic information regarding each of the outstanding bond issues as well as the County's overall debt profile. Currently, the Indian River County Board of Commissioners has five (5) outstanding bonds issues. As of September 30, 2012, the total debt outstanding was $89,350,000. Please see the listing of the outstanding bond issues below: Debt Outstanding @ Series Name September 30, 2012 Limited General Obligation Bonds, Series 2006 $32,385,000 Spring Training Facility Revenue Bonds, Series 2001 $11,075,000 Recreational Revenue Refunding Bonds, Series 2003 $2,120,000 Water& Sewer Refunding Revenue Bonds, Series 2005 $19,010,000 Water& Sewer Refunding Revenue Bonds, Series 2009 $24,760,000 Grand Total —All Long-Term Debt Outstanding $89,350,000 Each outstanding bond issue is presented in further detail herein. F:\Budget\Jason\agenda 201213\Debt Issues Outstanding - Report to BCC.doc 203 Board of County Commissioners Page 2of5 March 27, 2013 NOW- Limited General Obligation Bonds, Series 2006 In the State of Florida, local governments are not authorized to issue General Obligation Bonds without specific approval of the voters. On November 2, 2004, the voters of Indian River County approved a referendum authorizing the sale of limited general obligation bond sin an amount not to exceed $50 million, structured in a manner that at the time of issuance, the millage rate required to fund the debt service on such bonds would not exceed '/2 mill. Subsequently, the County issued the Series 2006 bonds in the aggregate principal amount of $48,600,000 with a final maturity fifteen years from the issuance date (2021). These bonds were issued for the purpose of acquiring lands to protect water resources, environmentally significant lands, historic sites and/or agricultural lands within the County. The bonds are callable at the option of the County on July 1, 2016 at 100% of the principal amount outstanding. The average interest rate on the bonds was 4.22% (True Interest Cost). At the time of issuance, the bonds were rated "AAA" by Standard & Poor's and Fitch Ratings, based upon the rating of the bond insurer. Standard & Poor's and Fitch Ratings assigned underlying ratings of "AA-" and "AK, respectively due to the limitation of 1/2 mill to support the annual debt service. In 2011, Fitch Ratings downgraded this issue to "A-" due to concerns that if the County taxroll continued to decrease, the '/2 mill limit may not be sufficient to service the bonds. It was noted that this downgrade was no reflection on the financial health of the County. In fact, the Unlimited General Obligation Bonds, Series 2001, which were still outstanding, received a rating of "AAA" which is the highest credit rating available. Standard & Poor's currently has a "AK rating on this issue. The County currently levies a tax rate of 0.3799 mills to support the annual debt service for these bonds (approximately $4.6 million). It should be noted that the bonds still had a coverage ratio of 1.36x, and the taxroll would have to fall by an additional 26% for the 'h mill limit to be a factor. These bonds will reach final maturity in 2021. Spring Training Facility Revenue Bonds, Series 2001 The Spring Training Facility Revenue Bonds, Series 2001, were issued for the purpose of acquiring and making improvements to Dodgertown (now known as the Vero Beach Sports Village). This series was issued in the principal amount of$16,810,000 at an average interest rate of 4.87% (True Interest Cost). The bonds are secured by three revenue sources; "State Payments" of $500,000 annually, the fourth cent of the Tourist Development Tax, and up to 86% of the Half-Cent Sales Tax. Unlike general obligation bonds, they are not backed by the full faith and credit of the County. The bonds reach final maturity in 2031. However, the pledge of the Half-Cent Sales Tax and the fourth cent of the Tourist Development Tax are released in 2021. Only the "State Payments" are pledged for the final ten years. Please see a breakdown of the pledged revenues used to support the current debt service of approximately $1.2 million in the table below. F:\Budget\Jason\agenda 201213\Debt Issues Outstanding - Report to BCC.doc 204 Board of County Commissioners Page 3 of 5 March 27, 2013 Projected Amount Percentage of Revenue Source FY 2012/13 Total State Payments $475,000 38.6% 4th Cent—Tourist Development Tax $386,334 31.4% Half-Cent Sales Tax $364,299 29.6% Interest Earnings $5,700 0.4% Total —All Sources $1,231,333 This bond issue carries a debt service coverage ratio of 5.5x. At the time of issuance, the bonds were rated "AAA" by Standard & Poor's and Fitch Ratings, based upon bond insurer ratings. Standard & Poor's and Fitch assigned underlying ratings of "A" and "AA-", respectively. Subsequent to the original issuance, Fitch Ratings has upgraded the underlying rating to "AA+". Recreational Revenue Refunding Bonds, Series 2003 The Recreational Revenue Refunding Bonds, Series 2003, were issued in the aggregate principal amount of$6,455,000. These bonds were issued for the purpose of refunding the County's outstanding Recreational Revenue Refunding Bonds, Series 1993 at a lower interest rate. The average interest rate for this issue was 3.65% (True Interest Cost). The 1993 Series was issued to refund the Recreational Revenue Bonds, Series 1985 and the Recreational Revenue Bonds, Series 1991, which were issued to provide funding for construction of the golf course. Debt service payments for this bond issue total approximately $640,000 annually. The bonds are secured by a first lien upon and pledge of: net revenues from operation of the golf course, the Racetrack and Jai Alai Fronton Funds, and 7% of the Half-Cent Sales Tax. Historically, the Sandridge Golf Course has operated at a profit, fully supported by user fees. Therefore, there has not been a need to utilize either the Racetrack and Jai Alai Fronton Funds or the Half-Cent Sales Tax to fund this debt service. For fiscal year 2011/12, the golf course experienced a gain of$762,049. The Series 2003 issue will reach final maturity in 2016. Based upon the strong financial results over the last couple years, staff anticipates that we may be able to retire this debt earlier than 2016. At that point, the golf course will have no long-term debt. After funding a reserve for ongoing renewal and replacement, this may allow for a slight decrease in greens fees as long as the course continues the current trends. F:\Budget\Jason\agenda 201213\Debt Issues Outstanding - Report to BCC.doc 205 Board of County Commissioners Page 4of5 March 27, 2013 Water & Sewer Revenue Refunding Bonds, Series 2005 The Water & Sewer Revenue Refunding Bonds, Series 2005 were issued in the aggregate principal amount of $27,675,000. These bonds were issued for the purpose of refunding the County's outstanding Water & Sewer Revenue Bonds, Series 1996. The Series 1996 bonds were issued to fund the construction of the North County Reverse Osmosis Water Treatment Plant, acquisition of the Sebastian water and wastewater utility, implementation of an assessment program to serve approximately 9,000 parcels in the Sebastian Highlands, expansion of the Central Wastewater Treatment Plant, expansion of the South County Wastewater Treatment Plant and expanded distribution systems. Debt service for these bonds of approximately $2.4 million per is year secured by a pledge upon the net revenues of the utility system. For fiscal year 2011/12, the debt service coverage for this issue (along with the Series 2009 bonds, which are parity bonds) was 2.50x. Rate covenants for this issue require rates sufficient to maintain coverage of 1.20x. In March 2013, Fitch Ratings affirmed the "AAA" rating for this bond issue as well as the Series 2009 Water & Sewer Refunding Bonds. This follows the affirmation of the "AK rating from Standard & Poor's in December 2012. Moody's Investor Services currently rates these bonds "Aa2" as well. �,.. These bonds are scheduled to reach final maturity in 2022. However, the bonds are callable on September 1, 2015. Currently, the utility is operating with a substantial positive cash flow. Additionally, the capital improvements and renewal and replacement programs are fully funded internally over the next five years. Based upon these factors, staff anticipates refunding this bond issue at the call date in 2015. At that time, the remaining principal outstanding will be $14.2 million. Currently, the Utility has a total cash balance of over $66 million, with unrestricted cash of $38 million. The anticipated refunding of these bonds will potentially allow for a small rate decrease, notwithstanding some adverse impact on operating costs (e.g. chemical cost increases, new regulatory requirements, etc.). Water & Sewer Revenue Refunding Bonds, Series 2009 The Water & Sewer Revenue Refunding Bonds, Series 2009 were issued in the aggregate principal amount of $26,370,000. These bonds were issued for the purpose of refunding the County's outstanding Water & Sewer Revenue Bonds, Series 1993A. The Series 1993A bonds were issued to retire various previous bond issues, and fund system expansions including: expansion of the South County Reverse Osmosis Water Treatment Plant, addition of storage tanks at Roseland and the North Region ROWTP and water distribution lines. Debt service for these bonds of approximately $2.9 million per is year secured by a pledge upon the net revenues of the utility system. For fiscal year 2011/12, the debt service coverage for this issue (along with the Series 2005 bonds, which are parity bonds) was 2.50x. Rate covenants for this issue require rates sufficient to maintain coverage of 1.20x. This issue will reach final maturity in 2024. In March 2013, Fitch Ratings affirmed the "AAA" rating for this bond issue as well as the Series 2005 Water & Sewer Refunding Bonds. This follows the affirmation of the "AK rating for these bonds from 206 G F:\Budget\Jason\agenda 201213\Debt Issues Outstanding - Report to BCC.doc L 0 V Board of County Commissioners Page 5 of 5 March 27, 2013 Standard & Poor's in December 2012. Moody's Investor Services currently rates these bonds "Aa2" as well. It should be noted that the last time the Utility needed to issue debt for system expansion was 1996. The Series 2005 and 2009 bonds were refunding of the 1993 and 1996 issues. Therefore, the utility has cash funded the expansion of the system for the last sixteen (16) years. This exhibits that the impact fees and rates of the system are sufficient to fund the capital and renewal and replacement needs of the system. Summary Overall, the County has a very low debt level based upon the main indicators of local government debt. Total debt per capita stands at $644 as of September 30, 2012, down from a high of $1,062 at the end of fiscal year 2005/06. Current debt outstanding represents 1.43% of annual personal income. Additionally, all long-term debt support by local funds will be paid off by 2024. Within that timeframe, about half of the current debt will be repaid by the end of fiscal year 2017/18—without accounting for the anticipated early retirement of the Water& Sewer Revenue Refunding Bonds, Series 2005. The current low debt load is attributable to several factors. First, the County has been conservative with the use of long-term debt. This is consistent with the County's Debt Policies, which provide limitations on the use of debt by the County. Additionally, the County has had a policy of using impact .. fees to fund a large portion of new infrastructure needed to serve new growth. This concept of new growth paying for itself has prevented the need to burden existing residents to par for such improvements. The One Cent Sales Tax, as approved by the voters, has allowed the County to cash fund capital infrastructure needs rather than borrow for these expenses. Attachment Long Term Debt Section from County's Annual Budget Book for FY 2012/13 APPROVED AGENDA ITEM: BY: C, Jose h A. Baird County Administrator FOR: April 2, 2013 Indian River County Approved Date Administrator Nq County Attorney �0_ 3,•z7- 3 Budget 7X 1 3 Z�l3 F:\Budget\Jason\agenda 2012 3\Debt Issues Outstanding - Report to BCC.doc 207 �gcvER c c oz 2012/2013 Budget Long Term Debt Long Term Debt Analysis Composition Of Long Term Debt The State of Florida does not impose any debt limitations on counties; however, the Indian Water&Sewer River County Board of Commissioners has been 2005 very conservative in the past regarding financial 21% issues. It is reasonable to expect that this inclination will continue in the future, so County debt levels should remain at fairly low levels for the near future. These philosophies are outlined Land in the County's Debt Policies (please see the POLICY portion of this document), and are Dodger Acquisition depicted in the graphs and narratives throughout Facility =, 2006 this section. 12% 37% Recreation Indian River County's outstanding debt at the Rev.2003 end of FY 2011/2012 stands at $89,350,000 2% Water&Sewer comprised mostly of revenue bonds. Enterprise 2009 Funds support 51% of the overall debt (Utilities 28% Department 49%; and Golf Course 2%), leaving about$43,460,000 or 49% in bonds paid from General Governmental funds. The only general obligation(G.O.) bond outstanding is a voter approved G.O. issue for land acquisition. It should be noted that in the State of Florida, G.O. bonds may only be issued after a voter referendum to approve them is passed. In 1992,the voters approved the issuance of$26 million in bonds for the acquisition of environmentally sensitive lands. On April 10, 2012 the Board of County Commissioners approved early payoff of the remaining outstanding principal in the amount of$3,620,000. The calling of these bonds saved taxpayers $392,057 in interest payments over the remaining duration of the bond. In 2004, the voters of Indian River County approved a referendum to issue an additional $50 million for land acquisition. Historic and agricultural lands were added to the approved purchases under this referendum, whereas the earlier vote only authorized environmental lands. In June 2006, Indian River County issued the 2006 Series Limited General Obligation Bonds in the principal amount of$48,600,000 at an average interest rate of 4.22% (true interest cost). These bonds have been used to acquire lands as approved in the referendum. The proposed list of lands for purchase has an estimated cost of over $100 million. Matching grants will be utilized when available in order to leverage the bond proceeds. In fiscal year 2008/09, the County issued the 2009 Series Water & Sewer Revenue Refunding bonds in the aggregate principal amount of$26,370,000. These bonds were issued in order to refund most of the remaining 1993A Series bonds still outstanding and realize an interest savings. Approximately $3 million of the original issue was not refunded due to their short remaining duration and lack of savings. These bonds reached final maturity last fiscal year. The refunding resulted in a decrease of about$250,000 in annual debt service over the life of these bonds for a net present value savings of over$2.9 million. Indian River County voters originally approved the levy of the Optional One-Cent Sales Tax in March 1989 for a period of fifteen (15) years. Optional Sales Tax can be used for financing, planning, and constructing infrastructure for public purposes within the County. The One-Cent Sales Tax revenues have allowed the organization to fund general government, public safety, and transportation infrastructure with cash instead of long-term borrowing. On November 5, 2002, the voters approved a referendum extending the sales tax for another 15 years and 7 months (until December 31, 2019). This should allow the County to continue to fund 332 208 ��iVER �LORIDQ' 201212013 Budget Long Term Debt capital infrastructure on a cash basis. Therefore, the need for additional debt for governmental-type operations should remain limited for the next ten years. Indian River County Estimated Bonding Capacity without Public Vote Ten Years Twenty Years Thirty Years Pledge Source (1.75%) (2.50%) (2.99°/x) Half-Cent Sales Tax $54,500,000 $100,200,000 $131,000,000 Total Gas Taxes $51,300,000 $87,800,000 $110,500,000 Tourist Development Tax $11,000,000 $18,900,000 $23,800,000 First Guaranteed(Revenue Sharing) $1,900,000 $3,200,000 $4,000,000 Second Guaranteed(Revenue Sharing) $3,900,000 $6,600,000 $8,400,000 Total Bonding Capacity $122,600,000 $216,700,000 $277,700,000 Other unforeseen events can arise, which would require long term financing. The best measure of how well an organization is equipped to meet cash flow needs is its bonding capacity. Bonding capacity determines how much long term debt available revenues can support. Utilizing Half-Cent Sales Tax, Gas Taxes, and Tourist Taxes not already pledged to debt, Indian River County's current bonding capacity without a public vote, is $122,600,000 over the next ten years(assumes 1.75%cost of capital, see table above). ` - Schedule of Existing Long Term Debt Initial Principal Average Principal Remaining Interest Final Bond Rating/ Bond Issue/Description Amount 9/30/2012 Rate Maturity Agency Securi Pledge Water&Sewer Revenue - 2005 Series 27,675,000 19,010,000 3.94% 2022 AAA/FGIC Water& Sewer (Insured) Revenues 2009 Series 26,370,000 24,760,000 3.68% 2024 AA+/AA Water&Sewer Revenues Recreational Revenue 2001 Series Spring a AAA/FGIC State Funds, 'h Cent Training Facility 16,810,000 11,075,000 4.87/0 2031 (Insured) Sales Tax,Tourist Tax 2003 Series Refundingo AAA/AMAC Golf club NI,fronton Recreational Revenue 6,455,000 2,120,000 3.65% 2016 (Insured) rev.,&sub lien /2 cent sales tax Voted G.O.Debt Environmental Lands AAA/MBIA 48,600,000 32,385,000 4.22% 2021 General Obligation Acquisition 2006 Series (Insured) Total Bonds Outstanding $89,350,000 333 209 ��t1VER� 4 Oz �LoRt9P 2012/2013 Budget Long Term Debt Total Debt Outstanding At Fiscal Year Ends $90 $80 ■Land Ac%2006 $70 ®Spring Training 2001 $60 ■Water&Sewer 2009 c $50 0 ■Water&Sewer 2005 $40 ❑Recreation Rev.2003 $30 $20 $10 $0 2013 2015 2020 2025 2030 Fiscal Year This chart summarizes the total amount of debt outstanding for Indian River County at the end of each fiscal year. Each year, the balance declines as more principal on the existing bonds is paid down. The final maturity of the 2001 Spring Training Facility Revenue Bonds is in 2031, which is the longest commitment of County debt currently. This graph shows only the debt that Indian River County has already issued and does not account for any possible future issues. 334 210 �g1VER �LORLOI' 2012/2013 Budget low Long Term Debt Total Enterprise Fund Debt Outstanding $45 $40 ■Water&Sewer 2009 $35 ■Water&Sewer 2005 $30 $25 ❑Recreation Rev.2003 0 $20 $15 $10 $5 $0 2013 2015 2020 2025 2030 Fiscal Year Total Other Funds Debt Outstanding $45 $40 $35 ■Land Acquisition 2006 $30 $25 ®Spring Training 2001 a 0 $20 $15 $10 $5 $0 2013 2015 2020 2025 2030 Fiscal Year 335 211 �g1VER 4 �Oz r � '`ZOR1�P 2012/2013 Budget Long Term Debt Annual Debt Service Payments (Total Principal & Interest) $16 $14 ■Land Acq.2006 ®Spring Training 2001 $12 ■Water& Sewer 2009 $10 ■Water&Sewer 2005- 16 a .- ❑Recreation Rev.2003 $8 $6 r $4 $2 $0 2013 2015 2020 2025 2030 Fiscal Year Annual debt service payments decrease over time as each bond reaches maturity. The remaining Land Acquisition Bond (Series 2006) is currently the only general obligation debt outstanding for Indian River County. The 2006 Series bonds are voted general obligation debt authorized by a voter referendum in 2004. This follows the County's Debt Policy(see POLICY section)of issuing only revenue bonds whenever possible. 336 212 �giVER 201212013 Budget Long Term Debt Spring T aining Faci ity Revenue, Series 2001 Principal Requirements Total Average Avera e Interest RateFiscal Year Outstanding Principal Interest Payment Ending 1 16,810,000 Series 2001 -4.87% True Interest Cost 9/30/02 16,450,000 360,000 521,818 881,818 Initial Principal Amount 9/30/03 15,990,000 460,000 770,128 1,230,128 9/30/04 15,515,000 475,000 754,028 1,229,028 Series 2001 - $16,810,000 9/30/05 15,025,000 490,000 737,403 1,227,403 Term of Bonds 9/30/06 14,520,000 505,000 721,233 1,226,233 9/30/07 14,000,000 520,000 704,063 1,224,063 Series 2001 -30 Years 9/30/08 13,455,000 545,000 685,343 1,230,343 First Call Date 9/30/09 12,895,000 560,000 664,633 1,224,633 9/30/10 12,310,000 585,000 642,233 1,227,233 April 1, 2011 9/30/11 11,705,000 605,000 618,833 1,223,833 Pledged Revenue 9/30/12 11,075,000 630,000 593,423 1,223,423 9/30/13 10,420,000 655,000 566,333 1,221,333 The Series 2001 bonds are secured by a 9/30/14 9,735,000 685,000 537,513 1,222,513 first lien upon and pledge of (i) State 9/30/15 9,010,000 725,000 501,550 1,226,550 Payments awarded to the County for the 9/30/16 8,250,000 760,000 463,488 1,223,488 purpose of paying for the acquisition, construction, reconstruction, or �,.. 9/30/17 7,455,000 795,000 423,588 1,218,588 renovation of a facility for a retained 9/30/18 6,615,000 840,000 381,850 1,221,850 spring training franchise pursuant to 9/30/19 5,725,000 890,000 337,750 1,227,750 Chapter 212.20, F.S., (ii) Fourth Cent 9/30/20 4,795,000 930,000 291,025 1,221,025 Tourist Development Tax adopted in 9/30/21 3,815,000 980,000 242,200 1,222,200 2000 for this purpose, and (iii) Eighty-six 9/30/22 3,510,000 305,000 190,750 495,750 percent (86%) of the Local Government Half-Cent Sales Tax distributed to the 9/30/23 3,190,000 320,000 175,500 495,500 County pursuant to Chapter 218, Florida 9/30/24 2,850,000 340,000 159,500 499,500 Statutes. The Fourth Cent Tourist 9/30/25 2,495,000 355,000 142,500 497,500 Development Tax and the Half-Cent Sales 9/30/26 2,120,000 375,000 124,750 499,750 Tax will automatically be released as 9/30/27 1,730,000 390,000 1 106,000 496,000 pledged revenues immediately following 9/30/28 1,320,000 410,000 86,500 496,500 the April 1, 2021 principal payment. 9/30/29 890,000 430,000 66,000 496,000 From that point forward until final 9/30/30 435,000 455,000 44,500 499,500 maturity, the bonds will be secured solely by the State Payments. 9/30/31 0 435,000 21,750 456,750 $16,810,000 1 $12,276,178 $29,086,178 Bond Insurer Purpose Financial Guaranty Insurance Company The Series 2001 Bonds were issued to provide funds to finance a portion of the cost of acquisition and expansion of Bond Ratings(at time of issuance) the Dodgertown spring training facility. Indian River County Standard & Poor's - "AAA" (insured), entered into an agreement with the City of Vero Beach and "A"(underlying) the Los Angeles Dodgers to acquire, renovate and expand this Fitch, Inc. - "AAA" (insured), "AA-" ..., facility. In accordance with the agreement,the Dodgers will (underlying) lease the facility for a period of not less than twenty (20) years. 337 213 �gtvt✓R z y �Lox�o� 2012/2013 Budget Long Term Debt Recreational Revenue Refunding Bonds, Series 2003 Fiscal Year Principal Re uirements Total Initial Principal Amount Ending Outstanding Principal Interest Payment 9/30/03 6,455,000 Series 2003 - $6,455,000 9/30/04 6,045,000 410,000 197,258 607,258 Term of Bonds 9/30/05 5,595,000 450,000 189,057 639,057 9/30/06 51135,000 460,000 180,058 640,058 Series 2003 - 13 Years 9/30/07 4,660,000 475,000 170,857 645,857 9/30/08 4,175,000 485,000 160,764 645,764 First Call Date 9/30/09 3,685,000 490,000 148,638 638,638 September 1, 2013 9/30/10 3,175,000 510,000 135,164 645,164 9/30/11 2,655,000 520,000 119,864 639,864 Pledged Revenue 9/30/12 2,120,000 535,000 102,964 637,964 Payment of the Principal and Interest on 9/30/13 1,565,000 555,000 83,169 638,169 the Series 2003 Recreational Revenue 9/30/14 985,000 580,000 62,356 642,356 Refunding Bonds is payable and secured 9/30/15 385,000 600,000 39,881 639,881 by a first lien upon net revenues of the 9/30/16 0 385,000 15,881 400,881 golf club and the "Racetrack and Jai Alai Fronton Funds" (Fronton Funds). The $6,455,000 $1,605,911 $8,060,911 Fronton Funds were subsequently `�.. replaced by an equal share of State Sales Purpose Tax (Racetrack and Fronton Replacement Revenues) during the 2000 legislative The Recreational Revenue Refunding Bonds were issued for session of the State of Florida. The Series the purpose of refunding the existing Recreational Revenue 2003 Bonds are additionally secured by a Refunding Bonds in 2003. These bonds were issued in 1993 first lien upon 7% of the Half-Cent Sales to refund two previous issues. The Series 1993 bonds were Tax revenue received by Indian River issued in the original principal amount of$9,875,000, and at County. All debt service costs are the time of the refunding, $6,735,000 in bonds were still recorded in the Golf Course Fund 418, outstanding. The Series 1985 and Series 1991 bonds were Clubhouse Department 236 found in the issued for the construction of the County golf course ENTERPRISE FUNDS section of this (Sandridge Golf Club), which consists of two eighteen-hole document. golf courses and a driving range. Bond Insurer Average Interest Rate AMBAC Indemnity Corporation Series 2003 -3.65%(True Interest Cost) Bond Ratings (at time of issuance) Standard &Poor's-"AAA"(insured) Fitch-"AAA"(insured) 338 214 z � �CORI 2012/2013 Budget Long Term Debt Environmentally Sensitive Land Acquisition Bonds, Series 2006 Fiscal Year Principal Re uirements Total Term of Bonds Ending Outstanding Principal Interest Payment 9/30/06 48,600,000 Series 2006— 15 Years 9/30/07 46,280,000 2,320,000 2,140,863 4,460,863 9/30/08 43,715,000 2,565,000 2,048,062 4,613,062 First Call Date 9/30/09 41,045,000 2,670,000 1,945,463 4,615,463 July 1, 2016 9/30/10 38,270,000 2,775,000 1,838,662 4,613,662 9/30/11 35,385,000 2,885,000 1,727,663 4,612,663 Pledged Revenue 9/30/12 32,385,000 3,000,000 1,612,262 4,612,262 9/30/13 29,265,000 3,120,000 1,492,263 4,612,263 These bonds constitute general obligations of Indian River County. The 9/30/14 26,010,000 3,255,000 1,367,462 4,622,462 full faith, credit, and taxing power of the 9/30/15 22,620,000 3,390,000 1,204,713 4,594,713 County are pledged for the prompt 9/30/16 19,075,000 3,545,000 1,035,212 4,580,212 payment when due of principal and 9/30/17 15,370,000 3,705,000 893,413 4,598,413 interest on the bonds. Debt service 9/30/18 11,480,000 3,890,000 745,212 4,635,212 payments and other costs are supported by ad valorem taxes levied on all real 9/30/19 7,395,000 4,085,000 550,713 4,635,713 property in the County. The voter 9/30/20 3,105,000 1 4,290,000 346,462 4,636,462 referendum adopted in 2004 provides for 9/30/21 0 3,105,000 131,963 3,236,963 a levy of up to I/2 mill for debt service of $48,600,000 $19,080,388 $67,680,388 Land Acquisition Bonds. For a detail of this budget, please see Land Acquisition Bond Fund 245 under the 2004 LAND Purpose ACQUISITION BOND section. In November 2004, Indian River County voters passed a Bond Insurer referendum authorizing the issuance of$50 million in general obligation bonds for the purpose of acquiring MBIA Insurance Corporation environmentally sensitive lands. The bonds were sold on June 13, 2006 with an aggregate principal amount of Bond Ratings(at time of issuance) $48,600,000. The bonds provide funding to acquire ownership and other interests (e.g. conservation easements Standard & Poor's — "AAA" (insured), and development rights) in environmentally significant lands "AA_" (underlying) as well as the restoration, remediation and reclamation Fitch — "AAA" (insured), "AA" activities to preserve and enhance such property. (underlying) Average Interest Rate Series 2006—4.22%(True Interest Cost) Initial Principal Amount Series 2006—$48,600,000 340 216 ttIVER �tORI 2012/2013 Budget Long Term Debt Water & Sewer Revenue Refunding Bonds, Series 2009 First Call Date Fiscal Year Principal Re uirements Total Ending Outstanding Principal Interest Payment September 1,2019 9/30/09 26,370,000 0 0 0 9/30/10 26,370,000 0 1,331,610 1,331,610 Pledged Revenue 9/30/11 26,370,00 0 1,268,200 1,268,200 The Series 2009 Bonds are limited 9/30/12 24,760,000 1,610,000 1,268,200 2,878,200 obligations of the County, payable from 9/30/13 23,085,000 1,675,000 1,203,800 2,878,800 and secured by a lien upon and pledge of 9/30/14 21,340,000 1,745,000 1,136,800 2,881,800 the Net Revenues of the water and sewer 9/30/15 19,525,000 1,815,000 1,067,000 2,882,000 system owned and operated by the County. The Series 2009 Bonds will rank 9/30/16 17,620,000 1,905,000 976,250 2,881,250 on parity with the $4,425,000 Water and 9/30/17 15,620,000 2,000,000 881,000 2,881,000 Sewer Revenues Bonds, Series 1993A 9/30/18 13,520,000 2,100,000 781,000 2,881,000 which are not being refunded as a part of 9/30/19 11,315,000 2,205,000 676,000 2,881,000 the refunding program and the $24,670,000 principal amount of the 9/30/20 9,000,000 2,315,000 565,750 2,880,750 Water and Sewer Revenue Refunding 9/30/21 6,570,000 2,430,000 450,000 2,880,000 Bonds, Series 2005. 9/30/22 4,020,000 2,550,000 328,500 2,878,500 9/30/23 1,340,000 2,680,000 201,000 2,881,000 Bond Insurer 9/30/24 0 1,340,000 67,000 1,407,000 N/A $26,370,000 $12,202,110 $38,572,110 Bond Ratings(at time of issuance) Purpose Standard&Poor's—"AA" The series 2009 Bonds are being issued to(i) currently refund. Fitch—"AA+" and redeem on September 13, 2009, $28,270,000 of the County's outstanding Water and Sewer Revenue Bonds, Series 1993A; (ii) make a deposit to the Reserve Account to satisfy the Reserve Account Requirements applicable to the Series 2009 Bonds; and (iii) to pay the costs of issuance of the Series 2009 Bonds. Average Interest Rate Series 2009—3.68%(True Interest Cost) Initial Principal Amount Series 2009—$26,370,000 Term of Bonds Series 2009— 15 Years 341 217 4/Z/2013 (2-CvA GARP OF COUNTY CQMN zi Limited General Obligation Bonds, Series 2006 April 2, 2013 Lj Spring Training Facility Revenue Bonds, Series 2001 u Recreational Revenue Refunding Bonds, Series 2003 Li Water& Sewer Refunding Revenue Bonds, Series 2005 Li Water& Sewer Refunding Revenue Bonds, Series 2009 Report on Outstanding Report on Outstanding County Debt Issues County Debt Issues Mg�IgL,g -1- 111.111111110511.1111 Ei Limited General Obligation 9pring9l1raining R I I V Rev. Bonds, Series 2006 Bonds, Series 2001 •Approved via voter referendum in 2004 a Acquire& improve "Dodgertown" •Acquire environmental, historic, and facility agricultural lands a Original principal amount = $16.8 •Original principal amount= $48.6 million million a Outstanding @ 9/30/12 = $11.1 million •Outstanding @ 9/30/12 = $32.4 million a Average interest rate—4.87% (TIC) •Average interest cost- 4.22% (TIC) a Secured by "State Funds", 1 Cent of •Final maturity in 2021 Tourist Tax, portion of Half-Cent Sales •Secured by up to '/2 mill ad valorem Tax levy a Final maturity in 2031 (county pledges •0.3799 mills in 12/13 (1.36x coverage) released 2021) a 5.5x coverage ratio 211 4,2/2013 1 2-.G. 1 . Report on Outstanding Report on Outstanding County Debt Issues County Debt Issues V�411 0110E Ewer Refg .R '3.Nil;IN o Recreational Rev. Refdg. Bonds, Series 2005 Bonds, Series 2003 o Issued to refund Series 1996 bonds o Issued to refinance previous bonds o 1996 last "new money" issue for used to build courses utilities (Sebastian, North R.O. WTP, o Original principal amount = $6.5 million assessments) o Outstanding @ 9/30/12 = $2.1 million o Original principal amount= $27.7 o Secured by net income, racetrack &jai million alai funds, portion of Half-Cent Sales o Outstanding @ 9/30/12 = $19.0 million Tax o Average interest rate— 3.94% (TIC) a Net income supports debt(FY 11/12 = o Final maturity in 2022 $762k) o Secured by system revs. (2.50x a 1.61x coverage coverage in FY 11/12) o Final maturity in 2016 o Plans to potentially pay off in 2015 o Potential to pay off early (9/1/13) ($14.2 million) Report on Outstanding Report on Outstanding County Debt Issues County Debt Issues !i!i I.� V i'. I�wn o IilY4e� lE�e:�eileEfidi�IN�iiRllll v1 :'eieilaPiNd'oe�?idR� o Water & Sewer Refg. Rev. o gummary g o Total debt outstanding @ 9/30/12 = Bonds, Series 2009 $89.4 million o Issued to refund Series 1993A bonds o Low overall debt levels ($644 per 01993 issue to expand South R.O., capita) water tanks, dist. Exp. o Longest term of current debt is 2024 o Original principal amount= $26.4 o Half of debt will be repaid by fye million 2017/18 a Outstanding @ 9/30/12 = $24.7 million o Conservative use of debt o Average interest rate— 3.68% (TIC) o Restrictive debt policies o Final maturity in 2024 a Revenue streams to fund o Secured by system revs. (2.50x infrastructure (impact fees, One Cent coverage in FY 11/12) Sales Tax) o Call date September 1, 2019 o Proj. payoff of 2 out of 5 remaining issues by 2015 Zi 7. 2 4/z�.?013 1.. L17.3 Departmental Matters Indian River County Inter-Office Memorandum Office of Management and Budget To: Members of the Board of County Commissioners Date: March 27, 2013 Subject: Additional Legislative Iss Of — 2013 Session From: Jason E. Brown Director, Management & Bun get and Conditions During the 2013 Legislative Session, some bills that may have an adverse impact on Indian River County (and counties in general) have been moving through the legislative process. Please see a short synopsis on these bills below: PCB-SCCB 13-01 - This bill would, among other changes, increase the sovereign immunity amount for local governments from $200,000/$300,000 (per individual/occurrence) to $1.0 million/$1.5 million. The bill passed the House Select Committee on Claim Bills 5-3. The Senate does not have a similar measure. Sovereign immunity caps provide protection for cities and counties against frivolous lawsuits. Currently, the legislature may approve awards in excess of the sovereign immunity limits through the claims bill process. This allows for cases where a local government has been deemed liable for significant damages. If passed, this bill would lead to higher liability coverage costs for the County which would be passed on to the taxpayer. Medicaid Glitch Bill - During the 2012 Legislative Session, HB5301 passed charging counties for the "backlog" of Medicaid claims. Earlier this year, a bill was considered that would "lock in" a base amount to be paid by each county going forward. County staff was concerned about the "base amount" assigned to Indian River. Our projected costs for the current fiscal year will be a little more than $600,000. This legislation had assigned an amount of $1.2 million for Indian River County. This amount would become a base amount for the county regardless of the amount of Medicaid claims and would be increased each year by an inflation factor. At this time, the status of this bill is unclear. There are two bills, SB 1244 and HB 1117, stating that the Department of Children and Families shall convene a study group to assess each county's distribution of funds for Medicaid and submit recommendations to the Governor, President of the Senate and Speaker of the House by July 1, 2014. While this may mean that the issue will be dealt with next legislative session, staff wants to ensure that the Board is aware of this legislation should there be a change to these bills. Summary These items are in addition to the Legislative Priorities for the 2013 Legislative Session presented to the Board in late 2012 (see copy attached). Some of the main issues include but are not limited to: Chapter 180 — utility service area changes, Beach Renourishment Funding — Hurricane Sandy, and funding of Constitutional Offices. 218 Board of County Commissioners Page 2 of 2 March 27, 2013 Attachments • Legislative Priorities (2013 Legislative Session) • Information Sheets for various legislative issues presented at Legislative Delegation Meeting on December 19, 2012 APPROVED AGENDA ITEM: BY: Jo eph A. Baird County Administrator FOR: April 2, 2013 Indian River County Approved Date Administrator /17h nj County Attorney �i Z-?'L,�. Budget 3 27 13 Department Risk Management 219 REPLACEMENT PAGE 132 OfDecember 4,2012 f ice of th e INDIAN RIVER COUNTY ADMINISTRATOR 10 MEMORANDUM TO: Members of the Board of County Commissioners FROM: Joseph A. Baird, County Administrator DATE: November 29, 2012 SUBJECT: Discussion Legislative Priorities It is requested that a discussion be held to establish a Legislative Priorities list for the 2013 Legislative Session. BACKGROUND The 2013 Legislative Session begins on March S, 2013. The Indian River County Legislative Delegation Meeting is scheduled for Wednesday, December 19, 2012. The meeting will begin at 9:00 a.m. at the City of Vero Beach, City Council Chambers. FUNDING Currently, there are no lobbyists working on behalf of the County, and there are no funds budgeted or required. RECOMMENDATION Staff requests the Board of County Commissioners establish a Legislative Priority list for the 2013 Legislative Session. APPROVED AGENDA ITEM 91tivel. Approv d �Dae /a r'BY: . - FOR:/'r December 4. 2012 __.—_---____-- - --------- 220 ➢ Legislative Priorities (2013 Legislative Session) o Florida State Statute Chapter 180 — Utility;"' %vice Areas o Show Constitutional Officers Budgets Q rim Notice o Community Redevelopment Agenci - :: w a % of increase to be kept by County Ge el Fun Law Enforcement and Emergency activiti vered in CRA area �r o Florida Retirement Systems : osed to Changes ` o Tax Collector — Funding of C °: ^t' s -�=School Did ricts and Municipalities ay for their c tions rather than requiring County t` ` y for them o Beach Renourishmei r µ is/Hurricari andy Repairs Obtain Funding/Revi` Re s .... o Emerge ervices D' lr' i ` Brants o Affo sing Ad dory Co ittee r allergy' ° unties bel'lowed to have Board of County 'R mi serve in acity of required Committee Aft my in elated Functions Requirement for {. ua rease in expenses r . rr o State Fe i %Ordinance o State Fu. 'ng k dates TCRPndatory Funding o mmun tions Services Tax/Prepaid Services 0 . 1 1 ustice Changes in Fees o Dri s Licensing $28.00 Fee/Tax Collector o License Plates/Tax Collector 1 221 INDIAN RIVER COUNTY LEGISLATIVE DELEGATION PARTICIPATION REQUEST FORM --- 2013 LEGISLATIVE SESSION Hearing: Wednesday, December 19, 2012 Name of Organization: Indian River County Board of County Commission Contact Person: Jason Brown Address: 180127 th Street City: Vero Beach State: Fl Zip. 32960-3388 Phone: 772-226-1214 Mobile: Email: jbrown@ircgov.com Name of person speaking: Jason Brown Is this a funding request? Yes, No X Is this a legislative proposal? Yes X No Plan/Objective: Amendment to Section 29.008(4)(a) Florida Statutes removing the requirement for annual automatic 1.5% increase in funding and grant counties ability to make allocations based upon available revenues and the needs of the court system Requested Delegation action: Support amendment proposals to eliminate 1.5% increase requirement Have you met with a State Legislator regarding this issue? Yes, No X If yes—Who have you met with: N/A Will you be distributing materials at the hearing? Yes X No Please return this form by Wednesday, December 12, 2012, to: Audra Robitaille Legislative Aide to Rep. Debbie Mayfield, District 54 1053201h Place Vero Beach, FL 32960 audra.robitaillenmyfloridalhouse.p-ov 772-778-5077 888-544-0393 (Fax) REPLY TO: O 1053 20"Place,Vero Beach,FL 32960 (772)778-5077 FAX:(888)544-0393 13 317 House Office Building,404 South Monroe Street,Tallahassee,Florida 32399-1100 (850)717-5054 House of Representatives'Website: www.m)lfloridahouse.gov 222 County Funding of Court Related Functions Requirement for 1.5% Annual Increase in Expenses Summary Section 29.008(4)(a), Florida Statutes essentially requires counties to increase funding for "court-related functions" by 1.5% per year. This requirement impedes the ability of counties to reduce expenditures in times of declining revenue. It is inconsistent with conservative fiscal policy as there is no ability to make long-term reductions in spending on this function. Indian River County asks for an amendment to this statute removing the requirement to increase funding. Counties need to have the ability to make allocations based upon available revenues and the needs of the court system rather than an arbitrary automatic increase. Prior Legislative Adjustments In recognition of the substantial decline in revenues during the Great Recession, the legislature has amended this law to allow for a one-time exception for fiscal year 2012/13. For this one NNW fiscal year, counties have to maintain level funding. In 2013/14, the 1.5% increase requirement returns. While this legislation was helpful, the change was inadequate in for two reasons. First, the law only allows for expenditures to remain the same. There is no ability to decrease funding in light of a continued reduction in revenues. Counties should be able to decrease expenditures as has been done in other service areas. Additionally, the exemption is for one year. This requirement needs to be eliminated permanently. Designated Revenue Stream Decreases This funding requirement was defined during the Article V Revision 7 to the State constitution in 2004. Revision 7 was the implementing legislation to bring the State into compliance with a constitutional amendment approved by the voters in 1998 requiring the State to fund most costs of the court system. The legislation provided various revenue streams to counties that were intended to fund the expenditures for which the counties maintained responsibility. These revenue streams have declined dramatically from their peak levels in the 2004-2006 time period. For example, a $2 recording fee authorized under Section 28.24(12)(e), Florida Statutes provides funding for court technology needs. This revenue stream has dropped from $624,693 in 2005 to $221,882 last year, a decrease of 64.5%. However, counties have not had the ability f:\budget\iason\legislative\county funding of court related functions.docx 11/27/2012 223 to reduce expenditures to adjust for this substantial drop. As a result, in Indian River County the current situation has required the use of County General Fund dollars to fund a service previously funded from the designated revenue source. This places an additional burden on ad valorem taxes at a time when the County has cut taxes by 33%. Other Service Area Expenditures Reduced Virtually every other service area has seen a reduction in expenditures since 2006 in Indian Riv4er County. This includes law enforcement, fire rescue, libraries, parks and recreation, road construction and maintenance, etc. For example, the Sheriff's Department budget has been cut from over $44 million in 2008/09 to $37.9 million this year. This is a reduction of over $6 million or about 14%. Additionally, the County's Emergency Service District budget has decreased from $32.2 million in 2007/08 to $25.6 million in 2012/13, a drop of $6.5 million or over 20%. During this same time period, the County has been unable to reduce funding for the court system. Even worse, the County has had to make up for the shortfall in designated revenue sources from the General Fund. In short, we have had to cut other departments, like the Sheriff's Office more to fund an increase in ad valorem funding for the court system. Indian River County's Ad Valorem Reduction Indian River County has reduced ad valorem taxes by over $33 million since 2006/07. This was a reduction of about 33% (from $103 million to $69 million). The County was able to pass substantial tax savings on to the citizens only by reducing expenditures accordingly. We would not have been able to deliver such a large reduction if a requirement similar to Section 29.008(4)(a), F.S. applied to other County expenditures. w.. f:\budget\jason\legislative\county funding of court related functions.docx 11/27/2012 224 Community Redevelopment Agency Recommended Changes `�ocal governments in the State of Florida have the authority to set up Community Redevelopment Agencies (CRA's), in accordance with Chapter 163, Florida Statutes. The intent of the CRA's is to provide a funding mechanism to improve blighted areas. Once a CRA is created, the taxable value is "locked in" at the base year amount. If the taxable value within a CRA increases, ad valorem proceeds from those increases are diverted to the CRA. Municipalities typically utilize the funds from the CRA to make improvements within the CRA boundaries. When a city within a home rule county develops a CRA, then the county must divert the proceeds it receives from General Fund ad valorem taxes within the CRA boundaries on taxable values exceeding the base year amount to the city's CRA. These taxes would otherwise be available to provide services for new development within the CRA, and the county as a whole. Therefore, the County must provide additional services without a revenue source to fund those services. This results in the taxpayers for the remainder of the county subsidizing those within the CRA. Please note, CRA's do not create additional money. They simply shift taxes from one location to another. CRA's receive greater funds when real estate prices are rising. However, counties are expected to reduce rates to account for such appreciation by lowering the millage to the rolled back rate (and the State has imposed millage caps to reflect this principle). The use of such funds by CRA's precludes this effort. CRA's have the unintended effect of increasing taxes when property values rise, which is antithetical to conservative taxing principles and current State law regarding the rolled back rate. than River County (IRC) provides several services with General Fund ad valorem taxes including; the Sheriff's Department (Corrections, Judicial), transportation operations, libraries, parks, etc. These services must be provided to the new CRA taxpayers without a revenue source moving forward. In recognition of this fact, IRC is requesting a 50% reduction in required payments to CRA's (the current reduction is as little as 5%). This would share the proceeds from property values evenly between the CRA and the County. Additionally, CRA's may stay in existence for 30 years after the last time the boundary is changed. A municipality could theoretically keep a CRA in existence in perpetuity by amending the boundaries once every 20-30 years. This loophole should be eliminated to place a final limit on the duration of a CRA from inception (perhaps 40 years). 225 Clarification of ad valorem tax bills & TRIM notices This proposal would require that future TRIM notices and tax bills include a breakdown of County taxes that shows the portion needed to fund the various Constitutional Officers' budgets. The change would provide increased transparency to taxpayers. Constitutional Officers make up about 70% of Indian River County's General Fund expenses, yet there is no effective communication of this point to taxpayers directly. The Sheriff's Office (SO) alone represents over 50% of IRC's General Fund. SO expenses represent a significant portion of expenses in all Florida counties. The County Commission has the responsibility for all of these taxes even though they have very little control over Constitutional Officer's budgets in current law. The single most common question taxpayers have about their property tax bill is, "What am 1 getting for the taxes I pay?" The single largest expense in IRC—and likely in all 67 counties—is law enforcement. If the TRIM notices and tax bills itemized Constitutional Officers, the answer would be communicated simply and effectively to the taxpayers. It should be the goal of State and local governments to provide transparency and clarity in TRIM notices and tax bills. The cost to the State for this change would be negligible. We understand that the State has limited resources in this challenging economy, so we feel that this is a significant change that could be made with little expense for the State. TRIM Notice and Tax Bill Proposal Summary - 2011 Legislative Session.doex 226 r' INDIAN RIVER COUNTY LEGISLATIVE DELEGATION PARTICIPATION REQUEST FORM 2013 LEGISLATIVE SESSION Hearing: Wednesday, December 19, 2012 Name of Organization: Indian River County Board of County Commission Contact Person: Joe Baird, County Administrator Address: 1801 27th Street City: Vero Beach State: Fl Zip: 32960-3388 Phone: 772-226-1408 Mobile: 772-538-5522 Email: jbaird@ircgov.com Name of person speaking: ` Is this a funding request? Yes , No X Is this a legislative proposal? Yes X No Plan/Objective: Legislative and technological changes over the past few years have resulted in an erosion of Communications Services Tax (CST) Revenues, and have resulted in like services being taxed differently depending on the service provider or method of sale causing the very discrimination that the CST Simplification law was intended to prevent — such as prepaid phones not being charged but contracted phones are charged. Legislation aimed at reforming the CST be carefully conceived and developed through consensus by a working group comprised of local governments, the communications industry and the state. Requested Delegation action: Reform the CST, and Involve local governments in any group established to reform the CST Have you met with a State Legislator regarding this issue? Yes , No If yes—Who have you met with: Will you be distributing materials at the hearing? Yes, No Please return this form by Wednesday, December 12, 2012, to: Audra Robitaille Legislative Aide to Rep. Debbie Mayfield, District 54 1053 201h Place Vero Beach, FL 32960 audra.robitaille(u]myfloridahouse.aov 772-778-5077 888-544-0393 (Fax) REPLY TO'. O 1053 201h Place,Vero Beach,FL 32960 (772)778-5077 FAX:(888)544-0393 O 317 House Office Building,404 South Monroe Street,Tallahassee,Florida 32399-1100 (850)717-5054 House of Representatives'Website: www.myfloridahouse.gov 227 t r. Ie COMMUNICATIONS SERVICES TAX (CST) '--.ue Section 12 of Chapter 2012-70, Laws of Florida, created a Communications Services Tax (CST) Working Group charged with reviewing national and state tax policies relating to the communications industry, including 1) the historical amount of tax revenue generated by the CST and determining the effect that laws passed in the past five years have had on declining CST revenues; 2) the extent to which CST revenues have been relied upon to secure bonded indebtedness; and 3)the fairness of the state's communications tax laws and the administrative burdens contained therein, including the clarity of the laws to communications services providers, retailers, customers, local government entities and state administrators. The CST Working Group was directed to provide a report indicating options both for streamlining the administrative system and for removing competitive advantages within the industry related to the state's structure without unduly reducing revenue to local governments. The loss of revenue to local governments is a significant concern. Analysis The development of the CST was a well-considered consensus effort of the state, local governments and communications service providers 12 years ago, intended to simplify the administrative burden for both the communications industry and local governments. The CST combined seven different state and local taxes and fees and employed the Florida Department of Revenue (DOR) to receive and distribute the resulting tax revenues as well as redistributing revenues which audits revealed to be paid incorrectly. This is something the DOR already does for the state's sales and gross receipts taxes. Initially, the resulting CST revenues produced a reliable, stable, bondable source of local government funding; leveled the playing field for communications service providers such that like services were taxed in a like manner, no matter the delivery method or technology employed; and provided a single entity (DOR) for the communications industry to report for collection purposes and to which to be accountable. Additionally, the nbination of the seven different state and local taxes and fees, when applied to the broader taxable base, ''Ifsulted in an overall lower tax rate on communications services. Consequently, the CST became a critical revenue source for local governments, and Communications Services Tax revenues are bonded by many jurisdictions. Legislative and technological changes that have occurred over the past few years have resulted in an erosion of CST revenues to the state and local governments, diminishing the reliability of this revenue stream for the repayment of existing debt. These changes have also resulted in like services being taxed differently depending on the service provider or method of sale, causing the very discrimination that the Communications Services Tax Simplification law was intended to prevent—such as prepaid vs contracted phones, for example. Recommendation In light of the fact that any changes to the CST revenue stream not carefully conceived could cause serious financial harm to local government, legislation aimed at reforming the Communications Services Tax should: Be developed through consensus by a working group comprised of local governments, the communications industry and the state • Allow the CST to remain a locally-controlled revenue stream Be carefully crafted to stabilize the currently diminished local government share of CST revenues and augment revenues by eliminating certain loopholes that have been realized Remove competitive advantages by providing similar tax treatment to similar services, no matter the technology utilized nor method of delivery Provide transparency, such that the tax can easily be recalculated by the customer and audited by DOR 5 228 EXECUTIVE SUMMARY: PROPOSED AMENDMENTS TO --SECTIONS 180.02(2) AND 153.03(2), FLORIDA STATUTES A. The Statutes FS 180.02(2), which is part of Chapter 180 entitled "Municipal Public Works," was enacted in 1935, when populations were concentrated in municipalities, and municipalities provided most utility services. In pertinent part, the statute authorizes municipalities to "extend and execute all of its corporate powers applicable for the purposes of this chapter outside of its corporate limits ... ." Significantly, no consent is required from the Board of County Commissioners if municipal utilities are extended into the unincorporated county. This is contrary to several other statutes which require consent in utility extension situations: A county cannot extend utilities into a municipality, into an area being served by a municipality, or into an area being served by, or which can be served by, a private company, without consent of the municipality or private company (FS 153.03; FS 153.04); a municipality cannot extend utilities into another municipality, without consent of the other tn�inicipality (FS 180.02(2)); and, municipalities and private companies cannot extend utilities into areas which are being served by, or are adjacent to areas being served by, another municipality or private company without consent of the other municipality or private company (FS 180.06). In short, a municipality may extend utility services into the unincorporated county without consent of the Board of County Commissioners, but consent is required from municipalities and even private companies in almost every other utility extension situation. FS 153.03(1), enacted in 1955 and discussed briefly above, deals with water and wastewater utilities. In pertinent part, the statute provides that"no county shall furnish any of the facilities provided by this chapter to any property already being furnished like facilities by any municipality without the express consent of the council, commission or body having general legislative authority in the government of such facility." Indian River County has no problem with this statute (subject to the lack of reciprocal rights in the Board of County Commissioners, discussed above), except in the following situation: When a municipality is providing service in the unincorporated county for a limited agreed term pursuant to a franchise granted by the county, the statute should not apply to prevent the county from serving the area when the agreed term of the franchise expires. In short,when the agreed term of the franchise expires,the municipality should not be able to keep serving the area for as long as it wants based upon FS 153.03(1). B. The Problems Caused by the Statutes "City of Fellsmere Natural Gas Utility Chapter 180 Reserve Area." In June 2012, without consulting Indian River County, and acting pursuant to FS 180.02(2), the City of Fellsmere approved for final hearing an ordinance establishing the "City of Fellsmere Natural Gas Utility Chapter 180 Reserve Area" in which Fellsmere would have "exclusive" authority to regulate natural gas utilities. Fellsmere itself made up a very small part of the "exclusive" service area — only 15.2% of the geographical area and only 23.6% of the population—the rest of the area and population were located in the unincorporated county. Fellsmere makes up only 8.6% of the total geographical area of the county while the"exclusive" service area included 46.8% of the entire county. Fellsmere doesn't even have a natural gas utility. It simply declared the area to be its "exclusive" service area. Fellsmere's intent was to contract with a private company which would establish the utility and pay a franchise fee to Fellsmere. Fortunately, the situation was defused when, at the final hearing on the ordinance and 229 over the objections of its staff and outside consultants, the Fellsmere City Council reduced the service area to its own city limits. City of Vero Beach Water/Wastewater Franchise. In 1987, when Indian River County's water/wastewater system was in its infancy, the county granted 30 year franchises to the City of Vero Beach to provide water/wastewater service to certain areas of the unincorporated county. The county now has a robust water/wastewater utility, and has advised the city that the county intends to serve these areas after expiration of the franchises in 2017. The city has countered with a letter from its outside utility counsel stating that, based in part upon FS 180.02(2) and FS 153.03, the city can keep serving these areas, with or without consent by or a franchise from the county — in short, even if the franchises were for a limited agreed term, FS 180.02(2) and FS 153.03 authorize the city to keep serving the areas forever if it wants to. The parties are trying to negotiate a solution, but the problem remains unresolved. C. The Proposed Amendments Indian River County proposes an amendment to FS 180.02(2) requiring county consent before a municipality may extend its utility into the unincorporated cotway — specifically, ad i ion-of the following language to the end of FS 180.02(2): "... and provided further that said corporate powers shall not extend or apply within the unincorporated areas of any county without the consent of the Board of County Commissioners of such county." Indian River County also proposes an amendment to FS 153.03(1) stating that a county may serve an area of the unincorporated county after a franchise allowing a municipality to serve the area expires, if that is the preference of the residents of the area, as expressed in a referendum or mail survey — specifically, amending the final sentence of FS 153.03(1) to read: "No county shall furnish any of the facilities provided by this chapter to any property already being furnished like facilities by any municipality (a) without the express consent of the council, commission or body having general legislative authority in the government of such facility; provided, however, that such consent shall not be required if the municipality furnished such services in an unincorporated area of a county pursuant to a franchise agreement, resolution or ordinance which has expired, and (b)without first holding a referendum of qualified voters residing in the area proposed to be served by the county,or a mail survey of owners of property located in the area proposed to be served by the county,which referendum or survey indicates that a maiority of those voting or responding to the survey prefer to be served by the county." D. Conclusion The ability of many counties to furnish utility services has greatly expanded since 1935 and 1955 when FS 180.02(2) and FS 153.03(1) were enacted. The proposed amendments will (1) place counties on equal footing with municipalities and private companies with respect to consent in utility extension situations, and(2)place decisions to extend utility services into the unincorporated areas of counties in the hands of the Board of County Commissioners which was elected by those residents who are most impacted by the decisions. 230 BOARD OF COUNTY COMMISSIONERS coy We March 21, 2013ORIOp' Sheriff Deryl Loar Indian River County Sheriff's Dept. 4055 41 St Avenue Vero Beach, FL 32960 Dear Sheriff Loar: As a result of your presentation to the Board of County Commissioners at the meeting on March 19, 2013, staff is requesting the following information: 1. Do you plan to award any salary increases to your employees in the current fiscal year or a bonus of any type? If so, please provide information regarding the amount of the raises and the total cost. 2. Please provide a year-to-date detail of all capital expenditures for the current fiscal year 2012/2013, comparing your actual expenditures to your original and/or revised budget amount. 3. Please provide detail regarding the type of equipment needed for each vehicle including estimated cost and useful life. This information is needed to determine a funding source for such equipment. In accordance with general direction received from the Board of Commissioners, this information is needed as supporting documentation for your funding request. A Budget Amendment will be presented to the Board for their approval at the next available meeting in April, following receipt of this information. OFFICE OF THE COUNTYADMINISTRATOR INDIAN RIVER COUNTY 180127"' Street, Vero Beach, F1 32960-3388 PHONE: 772-226-1408 - FAX: 772-978-1822 233 `— Sheriff Deryl Loar Page 2 of 2 March 21, 2013 Please consider this a Public Records request in accordance with Florida Statute 119.07 for the information requested above. This information should be provided to our department as soon as possible. Thank you for your assistance in this matter. If you have any questions, please contact my office. Sincerely, Joseph A. Baird .. County Administrator cc: Board of County Commissioners Jason E. Brown, Budget Director Harry Hall, Comptroller 234 �QF F'S OF DERYL LOAR • INDIAN RIVER COUNTY MEMBER FLORIDA SHERIFFS'ASSOCIATION MEMBER OF NATIONAL SHERIFFS'ASSOCIATION 4055 41st AVENUE VERO BEACH, FLORIDA 32960-1802 PHONE (772) 569-6700 March 21, 2013 Mr. Jason E. Brown Director Office of Management &Budget Indian River County Board of County Commissioners 1801 —27th Street Vero Beach, Florida 32960-3388 Re: Wire Transfer Dear Mr. Brown: On March 19, 2013, the Indian River Board of County Commissioners approved a budget amendment to appropriate $800,000.00 for the purchase of vehicles and associated equipment to properly outfit them for patrol duty. Please wire transfer the above funds into the Sheriff's Office bank account on Monday, March 25, 2013, as these funds are urgently needed in our negotiations to obtain favorable pricing and to guarantee expedited deliveries. If you should need assistance in the transfer of the funds, please call Harry Hall at 978-6406. Sincerely, Deryl Loar, Sheriff DL:heh MAR 2 2 2013 Budr-tsf '.� f��abF The 173rd Internationally Accredited Law Enforcement Agency �;'��i•,�y;;,?. 235 BOARD OF COUNTY COMMISSIONERS 180127' Street, Vero Beach, Florida 32960-3388 Office of Management& Budget Telephone: (772)226-1214 .c' March 22, 2013 �LORIO�' Sheriff Deryl Loar Indian River County Sheriff's Dept. 4055 41St Avenue Vero Beach, FL 32960 Dear Sheriff Loar: Staff is in receipt of your letter dated March 21, 2013, requesting a wire transfer for $800,000 to be sent on Monday, March 25, 2013 for the purchase of vehicles. Please be aware staff is unable to process this request at this time. Several actions need to take place prior to the transfer of such funds as detailed below: 1. Please see the letter from Joseph Baird, County Administrator, dated March 21, 2013 (copy attached) requesting information relating to this purchase. This information must be provided prior to release of the funds. 2. At the Board of County Commissioners meeting on March 19, 2013, the Board directed staff to bring back a recommended funding source for this request. County staff is considering Optional Sales Tax, General Fund, M.S.T.U. and proceeds from surplus of the older vehicles as potential funding sources. Staff will present a recommendation to the Board at the next available meeting in April after staff receives information from the Sheriff as requested in the March 21St letter. 3. A Budget Amendment needs to be approved by the Board of County Commissioners prior to the release of these funds. In accordance with Section 129.06, Florida Statutes, the budget for the Board of County Commissioners may only be amended via resolution of the Board. No such resolution was presented to the Board at the March 19th meeting. Further, the documentation from the Sheriff's Department did not mention a Budget Amendment or request one. The cover letter from the Sheriff, dated March 14, 2013, simply requested a discussion of the potential purchase and funding source for marked patrol vehicles. There is no mention of a Budget Amendment included in the thirteen pages of backup documents. 236 Sheriff Deryl Loar March 22, 2013 Page 2of2 Please provide the information requested previously so that County staff may present a Budget Amendment to the Board of Commissioners in April for this request. Thank you for your assistance in this matter. If you have any questions, please contact my office. Sincerely, Jas n . Brown Dir t , Management & Budget Attachment: Letter dated March 21, 2013 from Joseph A. Baird cc: Board of County Commissioners Joseph A. Baird, County Administrator Harry Hall, Comptroller 237 ( J� v Off ce 0 Attorney's Matters April 2, 2013 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: William K. DeBraal, Deputy County Attorney THROUGH: Alan S. Polackwich, Sr., County Attorne5�1� And Roland DeBlois, Chief, Code Enforcemenffl;7 and Environmental Planning DATE: March 22, 2013 SUBJECTS: Permission to file suit for an Injunction against persistent code violator Stephanie Wright is the owner of a single family residence located at 2334 1St Place SW, Vero Beach. The property is located in the Ixora Park Subdivision and is Ms. Wright's homestead. She purchased the property in 2004. After persistent complaints of overgrown weeds on the property, the Code Enforcement Board entered an order imposing a fine against Ms. Wright for allowing overgrown weeds to exist on the property contrary to County Code. The Order was entered on October 27, 2008 together with a fine of $100 for each day the violation continues. According to neighbors and Code Enforcement Inspectors, the lawn has not been mowed since 2008. As of March 21, 2013, the outstanding code enforcement lien is calculated to be $160,800. The neighbors are fed up with the constant eye sore in their neighborhood. One neighbor has complained of raccoons on the Wright property and further contends that a recent rodent outbreak in a neighboring house is directly related to the condition of the Wright property. A search of the public records concerning Ms. Wright's property reveals the code enforcement lien, a water lien (dated 9/26/2008 currently in the amount of $3,695.72) but no mortgages. EA938 F PPROVED FOR`3,C,C, MEET - LAR AGENDA CO Y ATTORNEY MEMORANDUM March 22, 2013 Page 2 Funding: Funding for any costs associated with a suit (approximately $500) is budgeted and available from the MSTU Fund/Code Enforcement/Other Professional Services - Account#00420704-033190. Recommendation: In consultation with Code Enforcement, staff offers the following options: 1. There is an 18-foot portion of right-of-way along 1St Place SW that the County could mow and partially improve the appearance of the subject property, but repeated mowing would be needed to continue to maintain the improved appearance. 2. Ms. Wright could be brought back before the Code Enforcement Board as a repeat offender for abatement of the nuisance. If the Code Board so determines her over grown yard poses a danger to the health, safety and welfare of her surrounding neighbors, the Code Board could order the nuisance abated and County crews or a contractor would abate the nuisance by mowing the yard. Unfortunately, this would be a one-time occurrence. 3. Authorize the County Attorney's Office to file suit in circuit court for injunctive relief asking the court to force Ms. Wright to maintain the property in accordance with County Code and have her continue to maintain her yard as ordered by the court. In the past, injunctive relief has been rarely sought and reserved for the habitual or serious offenders. 4. The County could file suit to foreclose on its utility lien and seek to have the house sold in order to pay the outstanding utility lien calculated at $3,695.72 and the outstanding code enforcement lien currently calculated to be $160,800 (as of 3/21/2013). 5. Continue to have the code enforcement lien accrue and decline to take further action at this time. Staff recommends that the Board approve option 3 and authorize the County Attorney to petition the court for injunctive relief asking the court to issue an order to Ms. Wright to maintain her property in accordance with the code. c: Roland DeBlois, Chief, Code Enforcement Stephanie Wright 239 1959891 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2304 PG: 2330, 11/21/2008 09:17 AM CODE ENFORCEMENT BOARD INDIAN RIVER COUNTY,FLORIDA IN THE MATTER OF: CEB Case No.2008090076 WRIGHT, STEPHANIE 2334 1ST PL SW VERO BEACH,FL 32962 Respondent(s) ORDER IMPOSING FINE THIS MATTER ORIGINALLY CAME BEFORE THE BOARD for a public hearing on September 22,2008, after due notice to the Respondent(s),at which time the Board heard testimony under oath and received evidence. The Board issued findings of fact,conclusions of law,and an oral order which was reduced to writing and furnished to the Respondent(s)to take corrective action by a certain time,as more specifically set forth in that order. On October 27,2008,this Board conducted a compliance hearing to determine whether the Board's order of September 22,2008,had been complied with.Respondent was provided proper notice of the compliance hearing,but did not attend the hearing. Based on the evidence and testimony presented at the hearing,this Board finds that the required corrective action has not been taken as ordered and that there does in fact exist an overgrown weeds violation in the RS-6 Zoning District, which constitutes the use of the property in violation of Section(s)973.03(1),of the Code of Laws and Ordinances of Indian River County. The Board's previous order,as amended,set forth a compliance date of October 24,2008,and a fine of $100 for each day the violation continues beyond the referenced compliance date. IT IS HEREBY ORDERED THAT THE ABOVE DESCRIBED FINE IS HEREBY IMPOSED AGAINST THE RESPONDENT(S)for each and every day the violation exists upon or adjacent to the following described property,situated in Indian River County,Florida,to wit: Location: 2334 1ST PL SW VERO BEACH Tax Parcel ID No. 33-39-23-00009-0010-00013.0 Legal Description: LOT 13 LESS W 3.7FT,BLOCK 1,IXORA PARK PLAT NO. 7,PLAT BOOK 7, PAGE 36 beginning October 25,2008. THIS ORDER SHALL BE RECORDED in the Official Record Books of Indian River County forthwith AND SHALL CONSTITUTE A LIEN AGAINST THE HEREIN DESCRIBED PROPERTY, AND UPON ANY OTHER REAL OR PERSONAL PROPERTY OWNED BY THE VIOLATOR,pursuant to Chapter 162 of the Florida Statutes and Indian River County Ordinance 90-20,as may be amended.Further information of this matter may be obtained by contacting the Code Enforcement Section of the Community Development Department of Indian River County, 1801 27th Street,Vero Beach,Florida 32960,(772)226-1249. DONE AND ORDERED OCTOBER 27,2008,at Vero Beach,Indian River County,Florida, in accordance with a ruling made by this Board in open session on said date,nunc pro tune. EXECUTED by the Chairman of the Indian River County,Code Enforce e t Board, nd attested and countersigned by the Recording Secretary of such Board this IE day of ,2008. 240 BK: 2304 PG: 2331 IA t` { w iixr CODE NFORCEMENTBOARD,�F -�I ggyyj�V"AA9:: INDI RIVER COUNTY, LORID a t' d.Smith J se h e 1 ,Chairman T,, M ,i lo�Id Secretary I di ver County Code EnforcernI Xlllt t ! d 1.; � ` STATE OF FLORIDA COUNTY OF INDIAN RIVER �� �F`'Az •�. is... :. I HEREBY CERTIFY that on this day,before me,an officer duly authorized in the above State and Coin aforesaid to take acknowledgments,personally appeared Joseph Petrulak,well known to me to be Chairman of the CODE ENFORCEMENT BOARD of Indian River County,and acknowledged executing the same under the authority vested in him by said Board. WITNESSED my hand and seal this day of / 2008. Commission Expiration otary Public RUA K SMITH * MY COMMISSION i DD 813005 EXPIRES:September 20,Lim CERTIFICATE OF SERVICE -^'rFpFR�Op Bonded Thor Budget Notary SVAM The foregoing instrument was executed before me by Joseph Petrulak,Chairman of the Code Enforcement Board of Indian River County,Florida,and I hereby certify that a true and correct copy of this order has been furnished by U.S. mail to Respondent(s)at the mail' address(es)her inebe descr'bed,or by personal service to the Respondent(s), or `"` to their representative,this da of_ ,_2008. ATTEST: REVIEWED AS TO LEGAL FORM: NI&t4ky Public 0""Y,-N RUAM.9MItrt Suz4iine.V itunac * *MY COMMISSION#DD 81= Boar Ad ising Attorney �� �n7 �RM:8 6ter20 a. e l 2008090076 xa_ e VANESSA CARTER SOLOMON INDIAN RIV1_Ir 'S " COOUNTY 7 THIS 13 TO ', l-r RT€FY ` ' a THAT THIS ($ !�1'F�Uf.F.Id1� r'�r;RECT COPY AL ON F!_ _ � OF ORIGIN t: I.1 THIS OFFICf?,1 � f�: E:TA 9>y. �, vt �F•�pt;� p ' CODE Et;IFvRE;FMI:iV7 BOARD EARIt G F3 ARD DATE: COUNTY ATTORNEY'S OFFICE `f';'••. ry INDIAN RIVER COUNTY 1801 27th Street ' Vero Beach,Florida 32960 241 originally came to the Board on July 28, 2008 for landscape maintenance and e plan nonconformance violations, with subsequent extensions being grant . Ms. Rose Jefferson, IRC Code Enforcement Officer, submitted photo hs into evidence, which are on file in the Commission Office, and reporte ome of the replacement material appeared to be in shock and dead. The Respondent, Mr. Sam Adams, President of Ea oast Tile & Terrazzo Supplies, said he had planted 15 new shrubs but the Co y was doing road work in front of his property and part of the damage done is landscaping was due to equipment used to move the power lines and ins drainage improvements. Discussion followed. Mr. Wixon recommended the and grant 30 days, until November 21, 2008, for Inspector Jefferson to coordi e with the IRC Public Works Department to find out what road work was bein one and how long it would take, and bring the case back at that time. 2:37:1 ON OTION BY Mr. Hedin, SECONDED BY Mr. mermann, the Board voted (6-1)to approve staff's recommendation. Mr. Suthard opposed. It is noted for the record the Respondent was present for this hearing. 2:39:04 Case #2008090076 — Stephanie Wright Mr. Wixon recalled this case was being heard as a repeat violation, and on September 22, 2008 the Respondent was granted 30 days to mow overgrown weeds on her property. Inspector Carter Solomon submitted photographs into evidence, which are on file in the Commission Office, and confirmed there was no compliance. She reported this had been going on for over a year and neighbors were complaining. The Respondent described herbs and other vegetation she had planted and stated her family and pets ate some of what was growing in her front yard. She insisted she had mown part of the property and she wanted the rest of it to grow naturally the way nature had intended, and blamed her problems on her next door neighbor. CEB-Approved 7 October 27, 2008 F:/BCC/All Committees/Code/2008 Agendas&Min/CEB10.27.08.doc 242 Inspector Jefferson compared a picture of an overgrown yard at an abandoned house with pictures of the Respondent's yard, and observed it was the same type of vegetation and was more than 12 inches tall. After lengthy discussion, Mr. Wixon recommended the Board find noncompliance and impose the fine. 2:53:07 ON MOTION BY Mr. Suthard, SECONDED BY Mr. Hedin, the Board voted unanimously (7-0) to approve staff's recommendation. It is noted for the record the Respondent was present for this hearing. Chairman Petrulak called a recess at 3:27 p.m. and reconvened the meet" at 3:35 p.m. LIEN RELEASE REQUESTS 2:54:44 Case #2008030109 — James & Diane Hersh Mr. DeBlois recalled the Board had entered an Or Imposing Fine starting on August 23, 2008 for a shed built without required p its. He reported a permit had been pulled on June 19, 2008 but the final ins tions had not been done until September 22, 2008, which meant a fine had crued for 30 days for a total of $3,000. The Respondent, Mr. Donald ' ey, said he thought everything had been taken care of. Discussion ensued. 3:04:42 ONM ION BY Mr. Zimmermann, SECONDED BY Mr. Su ard,the Board voted unanimously (7-0)to reduce e fine to administrative costs in the amount of $1,500. It is noted for the record the Respondent was present for this hearing. CEB-Approved 8 October 27, 2008 F:/BCC/AII Committees/Code/2008 Agendas&Min/CEB10.27.08.doc 243 1949730 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2294 PG: 1341, 09/30/2008 09:15 AM Parcel ID#33 39 23 00009 0010 00013.0 Utilities Account#650167-35480 Instrument prepared by BC, Department of Utilities Services,and after recording should be returned to the County Attorney's Office CLAIM OF COUNTY LIEN This claim is filed on behalf of Indian River County, Florida, Department of Utility Services, for unpaid utility service consisting of water and/or sewer consumption/base charges in the amount of$599.47. Contracted for by: STEPHANIE L WRIGHT, whose mailing address is 2334 1ST PL SW, VERO BEACH, FL 32962 for property more particularly described as: IXORA PARK PLAT NO 7 BLK 1 LOT 13 LESS W 3.7FT PBI 7-36 This lien is filed pursuant to the authority of Section 201.22, Indian River County Code, and Section 153.67, Florida Statutes. INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners By \�� W. Erik Olson, Utilities Director pursuant to the authority delegated to him in Resolution No. 2008-088 STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this 1—day of , 2008, by W. Erik Olson, Director of Utilities Services. He is personally kno7�� Sign !1 r Notary Public Printedname: oti,.v► ji� NoteSandra L Wright n public State of FloridaCommission# _` f My Commission DD782733 ono Expires 06f0312012 Appre for form and I fficiency: B /MaA& E. Fell Senior Assistant County Attorney 244 ATTORNEY'S MATTERS: 4/2/13 /313 Of ce of INDIAN RIVER COUNTY , ATTORNEY Alan S.Polackwich,Sr.,County Attorney William K.DeBraal,Deputy County Attorney Brooke W.Odom,Assistant County Attorney TO: Board of County Commissioners I FROM: William K. DeBraal — Deputy County Attorney r" THROUGH: Alan S. Polackwich, Sr. — County Attorney e DATE: March 27, 2013 SUBJECT: Homesteaded Escheated Property Indian River County recently became the legal owner of the real property located at 3080 10th Court in Vero Beach. The County became the owner by virtue of an Escheatment Tax Deed issued by the Clerk of Circuit Court and recorded in the public records on March 7, 2013. The property was formerly owned by Douglas D. Welch (as ` to 1/2 interest) and by St. Lucie Consulting, Inc., a Florida for profit corporation (as to Y2 interest). The property consists of a single family, concrete block home built in 1959. The house is approximately 1,447 square feet in size on a 0.29 acre lot in the Golf View Estates subdivision. In August 2002, the property was conveyed to Douglas D. Welch and his sister, Susan Welch by way of a Personal Representative's Deed. It appears that Douglas lived in the house as his homestead property and his sister resided in Georgia. The property taxes for 2007 were not paid and a tax certificate was issued. Later years' taxes also went unpaid and the Clerk conducted a tax deed sale. At the sale, no one bid on the property, presumably because at the time of the tax deed sale, the property was homesteaded property and, pursuant to Florida Statutes, the opening bid is required to include one-half of the assessed value of the property at the time of the sale plus the past due taxes. Hence the opening bid was $73,384.27. Since there was no successful bidder at the tax deed sale, the property thereafter was entered on the List of Lands Available for Taxes. In February 2010, Susan Welch conveyed her one half interest in the property to St. Lucie Consulting, who owned the property equally with Mr. Welch. The property remained on the List for three years without being purchased and thereafter escheated to Indian River County in accordance with Florida Statutes. ROVED FOR -A - r Amin. 3 d�- �_ 3.3.C. MEET ULAR AGENDA � '-egad �• ?•i3 VE UNTY ATTQRNEYj '` i' 245 Homesteaded Escheated Property March 27, 2013 Page 12 This office has learned that the previous owner, Mr. Welch, is still living on the property. There is an active utilities account with the City of Vero Beach for this property. After learning of the person living on the property, the County's Risk Manager has placed $10,000 in property coverage (covers debris removal) on the structure. Because the liability insurance is written on a blanket basis, the County is covered for any liability claim that may arise from this location. There is a provision under Florida Statutes, where if the County has not sold the escheated property, the Board of County Commissioners could convey the property back to the record fee simple owners of the property as of the date the County obtained title to it, however, before any conveyance could be made, the former owners must pay an amount equal to all back, omitted, and current taxes, as well as any municipal liens that may have attached to the property. As of the date of this memo, the total back, omitted and current taxes, calculated through April, are $13,985.26. Funding. There is no expenditure of funds for this matter, unless filing a suit to eject Mr. Welch is necessary. Options. This matter is placed before the Board of County Commissioners for direction on how to proceed. The possible options are as follows: 1. Put the former owners on notice, giving them 60 days to either pay all back taxes, interest and penalties or vacate the premises. However, if the back taxes are paid in full, nothing prevents the owners from failing to pay taxes in the future, thus making repetition of this process a possibility. If the taxes are not paid and the property is not vacated, authorize the County Attorney's Office to file suit for removal of the occupant(s). 2. Declare the property surplus and offer the property to nonprofit agencies for in-fill housing with a disclosure that there is at least one occupant living on the property. 3. Do not extend the option of paying back taxes to the former owners, rather put them on notice that the property must be vacated within 60 days and if they fail to do so, authorize the County Attorney's Office to file suit for removal of the occupant(s) and at the same time, direct staff to sell the property either by auction or sealed bid. Recommendation. Staff recommends Option 3, and place the prior owners on notice to vacate the property within 60 days or face court ordered removal from the property by authorizing the County Attorney's Office to file suit for removal of the occupant(s). Staff should be directed to advertise the property for sale by sealed bid or auction. /nhm 2 246 Indian River County, Florida Property Appraiser - Printer Friendly Map Page 1 of 1 Print Back Indian River County GIS - 3tp ST 32-�936�DO�oi�oi �- 'fid-Yyl �T ■ e� ParcelED OwnerName PropertyAddress 32393600002004000017.0 INDIAN RIVER COUNTY 3080 10TH CT VERO BEACH, FL 32960 Notes http://www.irepa.org/PrintMap.aspx 3/27/20132 47 rice - 'ubit, 41, X k��'r4~�"'S•"'�tr� 4 f+n � �'14+J` "�h 3". tc;T�, _ _ .z+�, ���`'• Hwy..;,, .,�_.- , {/p a ' _ Y - + '}F � *Ts,R,'4 y. 0 IK , IMP .r linos 4 OI LL�O"£ � ar ??r rc r '--yav Attorney's Matters-B.C.C. 04.02.13 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: March 26, 2013 SUBJECT: Initial Consideration of Natural Gas Franchise Ordinance Permission to Advertise for Public Hearing BACKGROUND. Florida law authorizes a county to require that utility companies which use public rights-of-way obtain a franchise and pay a reasonable franchise fee. This authorization reflects the fact that rights-of-way are valuable public properties which are acquired and maintained at considerable public expense, and that regulation is needed to coordinate safe and efficient use of rights-of-way by multiple utilities as well as by members of the public. Pursuant to this authority, Indian River County currently requires a franchise and payment of a franchise fee from Florida Power & Light, which provides electric service (5.9%), the City of Vero Beach, which provides electric service and water and wastewater service in portions of the unincorporated county (6%), and from Treasure Coast Refuse, Waste Management and various construction demolition debris haulers, which provide solid waste collection and other services (6%). The County also charges its own division of water and wastewater services a 6% fee in lieu of franchise fee. All fees are calculated as a percentage of gross revenues, and are shown as a separate charge on customers' bills. APPROVED FOR APRIL 2, 2013 Indian River Co. Approved Date B.C.C. MEETING—ATTORNEY'S MATTERS Admin. ,37 2j- Co.Atty. '3• (-•U Budget 2713 Department COUNTYATTORNEY Risk Management - --- FA4norne),DndaIGENER.4L0 C CWgenda:kfemosWarural Gas Franchise 01.doc 249 Board of County Commissioners March 26, 2013 Page Two One utility which uses the County's rights-of-way, but is not currently required to have a franchise or pay a franchise fee is natural gas. While natural gas has been available on some level in Indian River County for 17 years, it is still an emerging utility in the County with limited service areas. However, it is not unusual for natural gas utilities to pay a utility tax (up to 10%) or a franchise fee (usually 6%) in other parts of the state. Also, it is the County Attorney's understanding that the City of Vero Beach charges a utility tax of 10% on natural gas services within the City, and the City of Fellsmere is considering the adoption of a utility tax or franchise fee for such services within Fellsmere. Against this background, the Board voted to consider a natural gas franchise ordinance at its meeting on December 11, 2012. Specifically, the Board instructed staff to prepare a proposed natural gas franchise ordinance, and bring it back for initial Board consideration— which is the purpose of this agenda item. If the Board approves the ordinance in concept, a public hearing will be set to consider final adoption of the ordinance. The proposed ordinance requires that any natural gas company which uses the public rights-of-way to distribute natural gas to domestic, commercial and industrial users in the unincorporated County must obtain a franchise and pay a franchise fee of 6% of gross revenues. The franchise fee would be shown as a separate line item on customers' bills. Generally, the proposed ordinance follows the model of other County ordinances requiring a franchise from other utility service providers. It should be noted that the proposed ordinance does not apply to large transmission lines which deliver natural gas to regions across the state, where it is then sold wholesale to distributers who sell it to end users. Based on the research of County staff, franchise agreements and fees are typically not required with respect to the transmission activity. It is only the local distribution which is subject to the proposed ordinance. It should lastly be noted that County staff has been in ongoing contact about the proposed ordinance with Pivotal Utility Holdings, Inc., a New Jersey corporation which does business in Florida under the trade name Florida City Gas ("FCG"). FCG has been assigned the territory of Indian River County by the Florida Public Service Commission, and FCG is the only natural gas utility operating in the County. It is the County Attorney's understanding that generally FCG does not oppose the proposed franchise ordinance, although it has expressed concern for its customers and the financial impact that the new franchise fee might have on some customers. FINANCIAL IMPACT. Under the County's right-of-way ordinances, FCG presently pays permit fees for construction within the rights-of-way, and a right-of-way user fee of$500 per pipe per mile—which generates revenue of slightly over$14,000 per year. If a franchise ordinance is adopted, the permit and user fees will be eliminated and replaced with the 6% franchise fee. FCG has roughly estimated that total franchise fees will equal about �.. $15,000 to $30,000 per year. F:W rorneyDnda1GENERAL0 CCWgendadiemasWamra(Gas Franchise Udoc 250 Board of County Commissioners March 26, 2013 Page Three RECOMMENDATION. The County Attorney recommends that the Board review the attached proposed ordinance and offer any comments or suggestions, and then authorize the County Attorney's Office to advertise the ordinance for public hearing and consideration of final adoption. ATTACHMENT(S). Proposed Natural Gas Franchise Ordinance ASP:LAC FMA«orn,yDndaIGENFR4LIB C Gl4genda Ale,—Watur&Gas r anchise 0/.doc 251 ORDINANCE 2013- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ADDING PART III, SECTION 312.21 OF THE CODE OF INDIAN RIVER COUNTY, REQUIRING A FRANCHISE TO CONSTRUCT, OPERATE AND MAINTAIN NATURAL GAS FACILITIES OVER, UNDER OR UPON THE PUBLIC RIGHTS- OF-WAYS OF INDIAN RIVER COUNTY; MAKING FINDINGS AND PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, Indian River County is a political subdivision of the State of Florida with all powers necessary to carry on county government, as set forth generally in Article VIII, Section 1 of the Florida Constitution and Chapter 125, Florida Statutes, and specifically in Chapter 59-1380, Laws of Florida; and WHEREAS, the County finds that the development of a natural gas system in the unincorporated County has the potential of having great benefit and impact upon the residents of the County and further finds that the public health, safety and welfare can best be served by exercising regulatory powers which are vested in the County with respect to such system; and WHEREAS, the County finds it in the public interest to retain control over the use of public rights-of-way by providers of natural gas to promote planned and efficient use of limited right-of-way space, to protect the public investment in right-of-way property,to prevent interference with the public's use of such rights-of-way, and to promote aesthetic considerations important to the residents of Indian River County, and WHEREAS, the aforesaid rights-of-way are valuable public properties acquired and maintained by the County at great expense to the County's taxpayers, and the right to use the rights- of-way is a valuable property right without which natural gas utilities would be required to invest substantial capital in property and acquisition costs; and WHEREAS, the County desires to ensure that the County rights-of-way will be used and promptly restored to a safe and secure condition in such manner as to always protect the health, safety and welfare of the residents of the County; and WHEREAS, the requirement that natural gas utilities obtain a franchise and pay a reasonable franchise fee will place natural gas utilities on equal footing with other utilities and franchisees which utilize the County's public rights-of-way to construct, operate and maintain their utility or franchise systems, such as electric utilities, water and wastewater utilities, and solid waste collection franchisees; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: 1 252 ORDINANCE 2013- Section 1. Findings. The Board finds that the above "Whereas" clauses are true and correct, and hereby incorporates such clauses as the findings-of the Board. Section 2. Addition of Part III, Section 312.21 of the Code. PART III, Section 312.21 is hereby added to the Code of Indian River County, as follows (new language underlined): PART III. REQUIREMENT OF FRANCHISE FOR NATURAL GAS UTILITY Section 312.21. Requirement of Franchise. After , 2013, it shall be unlawful for M person or entity owning or operating natural gas facilities to utilize the present and future roads, streets, alleys, bridges, easements, rihtg s-of- �uay and other public places (collectively, "public rights-of way") of the County to sell, transport, deliver or distribute natural gas to users in the unincorporated County, unless authorized to do so by a franchise granted by the County. AU agreementrg anting a natural gas franchise shall be entered into only after a duly noticed public hearing. The agreement shall address, at a minimum, the term of the franchise, the franchise territory, whether the franchise is exclusive or non-exclusive, and payment of the franchise fee, and shall require that the franchisee (a) prevent the creation of obstructions or conditions dangerous to the traveling public, (b) repair any damage to the public rights-of-way resulting from the exercise of franchise rights, c) hold the County, and its commissioners, officers, employees and agents, harmless from any claims or damages resulting from the exercise of franchise rights, and d) remove or relocate M pipelines or other components of the natural gas facilities at no cost to the County in the event of the widening, repair or reconstruction of the public rights-of-way, in addition to such other provisions which are determined to be reasonably necessary for the protection of the County and the public. Each person or entity granted a franchise hereunder shall pay to the County a franchise fee equal to six percent 6%) of the gross revenues derived from the sale of natural gas services. The franchise fee shall be shown as a separate line item on customer bills, and shall be remitted monthly by the franchisee to the County. For the purposes of this section, the term "natural gas" shall mean either naturalag s in aash eous state unmixed or a mixture of natural and artificial gas, and the term "natural gas facilities" shall mean works and structures necessary for the supply and distribution of natural gas for domestic, commercial or industrial use and shall include but not be limited to distribution mains pipelines meters, plants, equipment, machinery and other property necessary for the supply and distribution of natural gas. Section 3. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. 2 253 ORDINANCE 2013- Section 4. Codification. It is the intention of the Board of County Commissioners that the provision of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re-lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. Section 5. Effective Date. This ordinance shall become effective upon enactment by the Board of County Commissioners and filing with the Department of State. This ordinance was advertised in the Vero Beach Press Journal, on the day of , 2013, for a public hearing to be held on the day of , 2013, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Joseph E. Flescher Vice Chairman Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Bob Solari Commissioner Tim Zorc The Chairman thereupon declared the ordinance duly passed and adopted this day of , 2013. ATTEST: Jeffrey R. Smith,Clerk of Court BOARD OF COUNTY COMMISSIONERS and Comptroller INDIAN RIVER COUNTY,FLORIDA By: By: Deputy Clerk Joseph E. Flescher, Chairman Approved as to form and legal sufficiency: Alan S. Polackwich, Sr., County Attorney EFFECTIVE DATE: This ordinance was filed with the Department of State on the day of 2013. 3 254 13 b Attorney's Matters-B.CC 04.02.13 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 Atto;y�(—:D DATE: March 19, 2013 SUBJECT: Frederick D. Mensing, III, and Rita F. Mensing v. Indian River County, pending in the Circuit Court of the Nineteenth Judicial Circuit, Case No. 31201 OCA075009 and Frederick D. Mensing, III v. Indian River County, Robert Solari, Gary C. Wheeler, Wesley S. Davis, Peter D. O'Brian [sic], William G. Collins, II, Robert Keating, Christopher N. Kirrie, Christopher William Kirrie, and Robert Chester Kirrie, pending in the Circuit Court of the Nineteenth Judicial Circuit, Case No. 312012CA000976 BACKGROUND. In 1888, the Fleming Grant Plat was recorded which showed certain strips located between or over 5 acre lots. Neither the purpose nor the dimensions of the strips are stated on the plat, although they appear to be for street or roadway purposes. In 1915, the A.A. Berry Plat was recorded which "subdivides or re- subdivides" a portion of the Fleming Grant Plat (including the portion where the Mensing lot is located). The A.A. Berry Plat did not show the strips. The existence of these strips has been debated for many years. In 1990, Fred Mensing ("Mensing") and his wife acquired title to Lot 15 in the subdivision. In the same year, he allegedly acquired title to the strips through a quit claim deed following a probate proceeding. APPROVED FOR APRIL 2, 2013 Indian River Co. Approved Date B.C.C. MEETING—ATTORNEY'S MATTERS Admin. 3 Co.Atty. Budget3 f f j Department C N,TYATTORNEY Risk Management --- RlAaomej,DndalGenera10 CCAgenda hfemnsU�nsing 06(Pending Cases).d- 255 Board of County Commissioners March 19, 2013 Page Two In 1994, the IRC Code Enforcement Board ("CEB") imposed a $2000 fine/lien on Mensing for code violations on Lot 15. In 2000, the CEB imposed a new $100 per day fine/lien for more violations on Lot 15. These fines/liens have never been satisfied. In 2000, Mensing and his wife gave a mortgage (the "2000 Mortgage") on Lot 15. The mortgage is superior in priority to the 2000 CEB lien, but inferior to the 1994 CEB lien. In 2002, the County, acting through the current County Attorney who was then in private practice, filed suit against Mensing to foreclose the 1994 and 2000 CEB liens against the strips which Mensing allegedly acquired in 1990. The suit resulted in a settlement in which (a) Mr. Mensing transferred all strips to the County for $5000, except a strip which is adjacent to Lot 15 and then runs westerly for approximately 1320 feet (the "Subject Strip"), (b) Mensing agreed to clean up and fence in portions of Lot 15, (Cl) Mensing agreed to apply for annexation into the City of Sebastian, and (d) the County agreed to subordinate its 1994 and 2000 CEB, liens to allow Mensing to refinance the 2000 Mortgage. While the transfer of the strips did occur, Mensing did not clean up Lot 15, or perform other obligations of the settlement. Sometime between 2003 and 2008, Mensing requested that the County subordinate its CEB liens so he could try to refinance the 2000 Mortgage; however, the County refused because Mensing had not performed his obligations under the settlement. In 2008, the Board adopted Resolution 2008-043 which "expressly and formally" accepted the dedication (which was implied in the 1888 Fleming Grant Plat) of the Subject Strip as a public street or roadway. The resolution was adopted somewhat as a formality to provide "clear, satisfactory, and unequivocal evidence" of the public's acceptance of the dedication. Arguably, events which had occurred since the recording of the 1888 plat had already converted the strip to a public street or roadway. Also, separate and apart from the public issue, the strip was probably subject to a private easement in favor of lot owners who had purchased their lots in reliance upon the Fleming Grant Plat. Finally, the 1990 deed of Lot 15 to Mensing had itself reserved a 20 foot strip along the northwesterly side of Lot 15 for "public and private roads." In 2008, an action to foreclose the 2000 Mortgage was filed, which resulted in a final judgment of foreclosure in 2010. The foreclosure sale has been delayed by appeals and bankruptcies. Meanwhile, in 2009,the CEB imposed another $100 per day fine/lien for code violations, and in 2010,the IRC Environmental Control Hearing Board imposed a $50 per day fine/lien for environmental violations. These fines/liens have also never been satisfied. Mensing has recently approached the County stating that he once again desires to refinance the 2000 Mortgage by obtaining a new reverse mortgage. He has produced materials stating the reverse mortgage rules are changing for applications filed after April 1, 2013, and he has produced a letter from a reverse mortgage consultant stating that Mensing cannot obtain a reverse mortgage unless (a) he resolves the fact that certain structures apparently intended to be included in the reverse mortgage are located wholly or partially within the Subject Strip, and are therefore "encumbered" by Resolution 2008-043, and (b) he pays or otherwise satisfies the CEB and environmental fines/liens. F.l4ttomeyDnda0ENER4LO C C14genda Afemo Wensig 06(Pending Cas).do 256 13.E . RECEIVED 2 6 COUN I YATTIORNFY'S OFFIC[': 2-93 • 1 17cgr�710N N ; V) IR06 8 z UG 1 1 $ 100' ROAD R/W GIBSON (130TH) STREET , e6! IBU ms NO ' 1.0 ' 1 o0 0 00180 0180 0180 1 m oleo 0160 0190 oleo 0000E 1 ff��j± OB ppp 01.3 00001.2 00001.1 00001A 0060 1J O �0 70 V A IE 06 1,1 00001.0 p�p03.0�1' '` '0 t$' 41 I 1 R A 4.1 0300 � 00 o 00001.1 1 NS N! f4 ,p .-19.0 00001 4p001 00001 030 0300 , 030Q_ 5 ;y 6.00 000110 000161' 000 1 � ~l R e ' ------------------------------ MEI L SU 1 ti A 4.0 6.0 r` CEMETERY 00001 t 30 00001 �F ` c r` c '1. 00`ie.0 6.0 0 1 000.0 v°�c P' Olt yp n $ ------------------------------------ FPL ----------------------------------FPL 200' EASEMENT ' R 1 o DALE (12971) STREET ------- DALE O 1 6.0 J4& J4 4 �4 1` ,1 c �c ' 00001 00001 00001 00001 0017. 0300 0300 0300 3.1 0300 .01000 ' 00003.2 003.0 00003.1 'P 00017,1 e.0 �' 4'G 1Q �r4 no 2" 2N l, -HAL ELUI H AC S SU s, :w R .. ------------------------------ "° _ 3.0 00001 00001 0300 0300 00004.Q 00011.0 1 R ___________________________ ____________________________+______ ' 01 00001 00001 1p ° $' oo610O0 .dq °o0 .1 4P a V 1 � f F L E M I N G G R A N T ' 00001 < rV ASSESSED ;00-30-38 O ; 00000.0 0300.0 J 1 F ; F ' U �D`000l rc, ------- on < X 1 030o a 00007.1 �`P � i R p °0000 11 nt� I O,Ob07.0 WN!q W I 2 2 SEBASTIAN CITY LIMITS 3484.86 2100 I TRACT N0. 3 ROSELAND SATELLITE R, BK.62-255 1 01 ASSESSED 22-30-38 (Y I 1 SW 114 Section 30 FlemingGrant map N 01.27 compiled 07/15/03 by the Indian River County Property Appraiser's Office 0 IW 400 600 page 1-28 X58.2 4: � ITI v t ,��P,..p,.�,�a„j�.�����t._ e ,•fr a�a r '�i 11 s - " ,N— - ilk 1 r m �Y ' 14 1 �Fry,•,>ri«�u,+rG .I'�,#y i s t•Yµ�JYN„'C. �6 y. Y�k 10. F"1 t _ v SCRIPPS TREASURE COAST L '3 NEWSPAPERS Indian River Press Journal RECEIVED 1801 U.S. 1, Vero Beach, FL 32960 SCRIPPS AFFIDAVIT OF PUBLICATION VAR 1 1 2013 CoUPq'r-yA-Fl-OR IEY1S OFFICE STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared,Tereliz Cloud,who on oath says that she is Classified Inside Sales Supervisor of the Indian River Press Journal,a daily newspaper published at Vero Beach in Indian River County,Florida:that the attached copy of advertisement was publshed in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County,Florida,and that said newspaper has heretofore been continuously published in said Indian River County,Florida,daily and distributed in Indian River County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person,firm or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper.The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach,Indian River County,Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Ad Pub Customer Number Date Copyline Po# INDIAN RIVER CO ATTORNEY 2493083 3/7/2013 PUBLIC NOTICE ATTY-CLIENT MENSING NEWSPAPER E-Sheet® LEGAL NOTICE ATTACHED DO NOT SEPARATE PAGES Sworn to,and subscribed before me this day of, March 07, 2013, by , who is ORIGIN4 Tereliz Cloud P- personally known to me or [ ] who has produced as identification. Michael Merone Notary Public MEeHaElr MERoNio Na.2ary Public State of Ft�ridz a 'r My comm.Expires May 20,2044 Commission#DD 994177 TCPALM.COM CLASSIFIED IR THURSDAY,MARCH 7,2013 •SCRIPPS TREASURE COAST NEWSPAPERS •i1 Li • Z•\ C NOTICE OF .5. NOTICE ADMINISTRATION NOTICE OF SALE NOTICE OF SALE NOTICE OF SALE NOTICE OF SALE NOTICE OF SALE NOTICE OF SALE NOTICE OF SALE NOTICE OF SALE C cl Marchelle Hofeldt M.D WHO ARE NOT Esq.JANE E.DORMAN.et property owner as 01 March 1,2013 CARLTON G SID. Attorney for Plaintiff highest and best bid- I will be osing her Personal KNOWN TO BE Florida Bar Y-. 1 I, he date of the 1,s TCN2491481 DEN;UNKNOWN FAX: 05..68 der for cash by O medical practice as Representative: DEAD OR ALIVE, EMAIL:LBarbati@ Defendants. clendens,must file a TENANT(SI:IN POS-1 01824 NOSm electronic sale al V f 4/112013 and will Alena F.Chadwick WHETHER SAME venlaw8.com claim within 60 days IN THE CIRCUIT SESSION OF THE If you are a person,htlps/Iwww.indran- T be x61006114 to Mi t E.Concord Drive UNKNOWN PARTIES NOTICE OF after the 06le. COURT IN AND FOR SUBJECT PROPERTY with a 0isabilty who ri e,a Iloreclose.c° C mi Beach,FI. Lebanon,Ohio 45306 MAV CLAIM AN IN-Requests 1 o r FORECLOSURE SALE COUNTY,FLORIDA a defendants. The needs any accomm0-)mv,beginning a Records available,i( Attorney for Personal T E REST A 5 Accommodations by ATTORNEY FOR Clerk I this Court dation in order l0 1090 A.M.on March needed. [her cur-Representative: SPOUSES,HEIRS,'P e r s o n z w i t h NOTICE IS HEREBY PLAINTIFF General Jurisdiction shall sell to the high- participate 1n this 22,2213,the follow- GE ren[office until Bruce R.Abernethy, DEVISEES,GRANT-,Disabilities.11 you GIVEN that,pursuant By Marisa J 00,6011 est and best bidder entitled, you are ing described pro ER 411/2013,after that Jr. EES,OR OTHER are person with e e FrnalJudgment of Hermanov,cn CASE NO: 0,cash electrenical ar no cost to e s e forth to O date in ting PO Attorney to, CLAIMANTS.are De- disabil rty who needs Foreclosure dated Florida 06,673991 31-2011-CA-003029- ly a w.lndian- you,to the provision said Final Judgment, 0. Box 043724 Vero Alena F.Chadwick fe^dents. any accommodation September 13.2010Date0211512013 XXXXXX fliver,,ealf0rec10se.< 01 certain assistance. t: Beach,Fl 32964-FL Bar No.0357251 JEFFREY K.BAR- in order to partici- and the Final Order�THIS INSTRUMENT n accordance Please contact Carrie LOT 110,BLOCK 120, 3 3124. 500 Virginia Avenue, TON,the Clerk of pate in this proceed- R e z c h e d u 1 i n g,PREPARED BY: WELLS F A R G 0 with l section 45.031, Johnson,ADA Coo,- VERO BEACH HIGH- 0. Pub:March 7,14,21,Suite 202 Court Shall sell to ing,you are entitled, Foreclosure Sale Law Offices of Daniel BAN K.N.A.A5 Florida Statutes et, 0,0610,,250 NW LAN DS UN IT C ` 28,2013 Fon Pierce,FL 34982 he I glop,bitlder °cost m 100117,1,° ou10 date¢February 6,C.00,0,69,6 TRUSTEE,FOR CAR 10:00 AM on the Count,v Club Drive, ACCORDING TO THE TCN2494400 Phone:)]2-089-4901 fpr cash onlin6 at then provision 01 ca,- 2010,61,16,60 in Cate 9200 King Palm Drive BINGTON TORT- 22nd day of March, Suite 211,Port 5[. PLAT THEREOF,RE. L Fax.)12.489-0902 .Indian-,iv0r a assist ssist ce. No,312009 CA Tampa,FL GAGE LOAN TRUST. 2013,the following Lucie,FL 34986, CORDED IN PLAT O EMad: .,66110,60066.com at Please contact Cour[ 012224,fn Me Circuit 336191328 SERIES 2006.504 described property (772)807.43)0 at BOOK 0,PAGE 38, .ORDINANCES jbrock@b,eceapa.rom 0:00 a.01 01 the 15 AU,,0,6,,6100 250 C f fl ',',2:,-, -Ph :613916-6660 ASSET-BACKED s set forth'^za'd least 0 days before OF THE PUBLIC RE- Sec°ndaryEMal day of M6«n,209 NE Country Club t h J 00 I C' 383 NOS PASS-THROUGH Final Judgment to y M1 d 1 d n COVDS OF INDIAN P41.7i1 'aC' {YAC O &PETITIONS babernetho@ the follow ng de Drive,Sete 2114 Pon n df d R' RAttorneysfor Plaintiff CERTIFICATES, appearance, m RIVER COUNTY. '�� t �Q ±11 5 PUBLIC NOTICE bruceapa.rch scribed real 01006,10 St.Luce FL,34906 C heFlorida, he Requests for Acc°m-PLAINTIFF LOT 1,BLOCK N.Of mediately p he. FLORIDA R "'-`2: Fob.Myron),14 as set forth'n said ))280]43)0611062, Clerk of the Court will d ons by per•VS. POINTE WEST 9 h ebe- f E •oP 0) The Board of County 2013 F'n61 Ju7gment to 1 tlayz before 1081 06 00112 fgles1 ane '(0 D sob ROBERT R.MARSH, NORTH VILLAGE, f h be-ANY PERSON CLAIM- '1 -0rt4 Lommss 0nera Of Ir'' TCN2494321 wt: scheduled court ap best b ctrl for ca s1, 0''''110''''area Per- ET AL., PROSE 111 P D, 1 the scheduled INT AN INTEREST G LL T dean giver County, IN THE CIRCUIT LOT 14,BLOCK TO, 00414006.or 1010160,- by electric sale at so wi h a eisabilny DEFENDANTS ACCORDING TO THE appearance is less IN THE SURPLUS W 6 A Florida provides notice COURT FOR INDIAN VERO BEACH HIGH ate,t/upon receiving.10:00 a.m.on March who needs any ec- PLAT THEREOF AS than 1 days;if you FROM THE SALE,IF ^L of an attorney-client RIVER COUNTY LANDS, O NOTING UNIT 3, 1lime lbfe f or0e if It he w0ww015.alit hive,/ dereloepaeroilpale i^ ....SURENOTICE FSALE BOOKR 9,PAGES22mpaiedAT are .ncall)110100 THE PROP ETHAN RTY 0 I.L .m >6 session regarding the FLORIDA PLATTHEREOF AN scheduled appear- eall0recl0se.com the this proceeding.YOU NOTICE IS HEREBY THROUGH 2fiIC,OF Pub:March),14, OWNER AS OF THE RECOATE OF THE LIS I Z1 `O L L ° glgAt'o6I,, III 40 Pendin9102 PROB120,00NIATE ANO, BOOKR8,PAGE 41D IN T days 11000ance is s6,ehhear pa°pertan 7 iyas set farthein c st d are¢t°t'Ylou.to the',Slu mNm a,aya F inlet CORDSnt to a THE P UOFL INDAfl EN 209 TCN2493884 PPENDEENS MUST AM on of in1 d, r.. ' U = F CounttIF. Vpending IN RE:ESTATE OF 136 OOUNYIELORTIVA ER Pubed/derlchl),.Indian PUBLIC RECORDS ing or voice r14, be ncl0su ndl Revedid Final...or/lent i'assibstle Court Adrmai^el ART'S,a 2013`FenOerled FLORIDA.COUNTY, IN COURTHOFLTHEUIT 19TH THE SALE. 071 W in the Circun Court 01 ELL_M.DODO This property is loaf- 2013 Cunly,Flo,ida,town 1st ratio 250 NEI.in Civil Case N0.31.ANY PERSON CLAIM-JUDICIAL CIRCUIT,IN •pursuant to Fla.R. • U O the Nineteenth Jutli-OeOeased. Building 011-CA-003029 d Admin. • F Z re � ' tial Circuit,Case 0Noo. NOTICE 0016 az at toe:)t5 1reet]d- TCN249421e CUIT The 506, inia. Country Club Diri$1, ;,,,•,1•1x1",1-%X°f the Gr THE INTER E T I FIVER C rIDA r 2.d, lit 11A 1. �. O Y and Frieda ick D. TO CREDITORS1Beacn,FL 32926 0 COURT DF TIF,THE RHE 19th River,c600000101S- r-",;°,- 01-q JEL 0006,�I INOIANoun eRIVERrt in a Cound ot FROM THE SALE.P fLORGENERAL hereby designates Ct Z Hartung,III v.Indian The adminizt,atiLn f a1 n JUDICIAL CIRCUIT, Declaration°f C°ndm da before II Florrtla,the Clerk JURISDICTION a 0 O giver County,Robert the estate of ELA M.if you aperso ys Tour g THE PROPEFTY p„mryemailad- • Solari,Gary C, DODO,deceased, claimingea r 9ht t° ICOUNTY,FLN AN.Fog ORIDA Oflical RecperddB00k peaance,d°rrdmmedi- st and ll hest bidWder OHNE OAER ST OF LOF HS CASEIO dress!for the P.M°e QIf Wu, Wesley . whose date°1 Beam Ionaa,ems ni1,a r .- > Davis,peter D.O'Bri was Janfe1120, efending in tn. urtl Me ea claim wM1 312012CA000]]6 Ina Publiin Reords of mslnohfcati0neifethe NDIANCROVER.RA• FILE A CLAIM WITH. 31-2011C%%%XXX @l0gsromo• ca5ervi<e Q \ /'Jy� Collilns II/RobeGrt Cir<00 C000 0,1,tan the clerk no late, Indian River County, time be f pre the L6,1000 LOSE.COM, IN 6 DAYS AFTER 't. yF 00 Keating:Ch ph River County Florida, hen 60 Bays alte,,HSBt BANK USA, FI°r,tla. 'scheduled appear-I art 0 ° h6 THE SALE. GMAC MORTGAGE,Dated this day of O r N KineChristopher Probate Division,the the tale. If You Jail'N.A.,AS INDENTURE Property address:506 ante is less than] 22nd day of MARCH, LLC 2012. ai ce , „,;„,„,,'„,,.•re,and 1000"17619' ddress of which is wih"lot bs ae entitled eo REGISTERED NOTEo TRUSTEE FOR - Bea.,Florida.32962° daygs o yVuoare•h,mr. described the following rty December.Drved this 2012. of PLAINTIFF, SHAPIR&,GACH,LLP //�� N Robert Chester Kini°, 10110 1 th Avenue, v remaining funds. HOLDERS OF REN-Any person claiming an aired,call]tt. as set forth said By:Marjorie H.Levine LORI A.MAGUIRE,ET Attorneys l0r Plaintiff \ I.i 9 00211 glome Mice.m it Vero Beech ne FL Ager601days,only AISSANCE HOME interestin surplus Pub:February 28, Summary Final Bar Number:964131 EF.,, 2424 North federal Court f the Nine- 32960.The E 0 U 1 T Y LOAN ,ty, Jud Submitted by: q ,y�.a emh Judicial Circun, and addresses of the the ow1,e 01 re" from the sale,if any. March J.2013 901¢^1,t0-wit' DEFENDANT ISI. Highway,Ste 360 R C e s N o personal,epresema sof the date 0f the TRUST 20062, other than the proper- TCN2491411 LOT 3 A N D THE Law Office of Bow Raton,Florida o 312012CA000976 at five and the personal lis pendens may Plaintiff, t owner e, (the IN THE CIRCUIT NORTH 1/2 OF LOT Choice Legal Group. NOTICE OF Telepho el 0:30 a.m.on Tues- claim the surplus. Bate°f melts pendens 2.BLOCK E,MAL-p,p, FORECLOSURE SALE representative's anon Allen F.Cooler,Toni muskfiteaclaimwi[hin COURT OF THE gLUKA GARDENS,5 NW 4901 Street, 156119986)00 V day,March 12,209. nay are set forth be- NINETEENTH • The subject matter o1 1°w. Dated this 22 day°I Cooler,and ueve,lY 60 days after the sale ACCORDING TO THE Suite 120 NOTICE IS HEREBY' Fax:ISfi1"et.'07 Febr 209. E.Cooler JUDICIAL CIRCUIT IN PIAT THEREOF,AS Ft Lauderdale,FL GIVEN pursuant to a Email'. N 0 thmeeting will.All creditors et the 66N• "-Saber,Defendants. DATEDihis 19th day of A6GOCR0 9, RECORDED IN PLAT 33307 Final Judgment of lugane@Iogz.coBY C settlement nego61650 I:- decedent and other Esquire February 2013. RIVER COUNTY, BOOK 4,PAGE 10,Tel:(95414530365 Foreclosure oa600 T tions 1,d shategy a p'rs0ns having claims Fla.Bar N0.:85356 NOTICE Of SALE Law Offices of Charles FLORIDA CO THE PUBLIC RE-DESIGNATED February 8,2013 and Luciana Ugene,Esq, • l6 eeirngeeo li,igas ter- demands agmnst Primary Email: PURSUANT TO W.McKinnon,P.L. CASE NO. CORDS OF INDIAN PRIMARY EMAIL entered in Case No. FL Bar CC w .The session Wdcedent's estate p1, asebet@E,,,,, CHAPTER 45 An°, ,`,lar Plainiff' 31.2012...00.86 RIVER COUNTY,FOR SERVICE 31-2 0 1 2.C A-04140326 NOSY 42532 ('(f C ill commence at an ham a copy°I t.is 0001 By:Lisa R.Hamilton., FLORIDA PUflSUENT TO FLA. 000251%XXX%X Requests for Accom- a(�� Q pe"meeting in the notice is required t° Secondary Email:NOTICE HEREBY Esquire'BANK OF AMERICA,Any person claiming R JUD.ADMIN 2.516 the Circuit Court of modations by Per- (� 11 _ - County Commission be served must file GIVEN pursuant,to a NA., a interest the sur-¢service the 19th Judicial Cir a E,peete I.Sa1es@ Floridaf3ar No ^ t @ with D1sab11i- \ O Chambers located on heir claims n this ErwaLaw.com Summary Final 05 02 plaimlfllsl. plus from the salt it clegeig,„p.50m rt i"and far Indian neo 0 yoo e e per. Z C Q • the 6,nfi,o,of Build- Court WITHIN THE Attorney for PlainnH. Jud9 e t of 3055 Cardinal 6'1'.v arta,other than he 0-07545 NOS River Couny,Florida son wih ere _� C ddgg Tnsf ow County LATER 0 F 3 Elizabeth R.Wellborn, Forecn°surendatee S eDori12 BETTY A.TWYMAN; pe eery own as 01 Requests for Amom• wherein G MAC who needs any a C 0 V y Aetr,1801270 Sleet,Conm TIHENTIME OF THE PA. February 8th,2013, Vero Beach,Florida a al, he date 0f elthe lis modations by pe,. MORTGAGE,LLC c0mmodetmo in or y 1,d enterer in case 63 Oefendantlsl pendens must file a s 0 Vero Beach,Florida, FIRST PUBLICATION 350 Jim Moran Blvd. 29 wish Disabili- z Me Plaintiff and ear r0 participate in N will continue ale OF THIS NOTICE OR Suite 100 No.:312012CA0001]fi Telephone: NOTICE OF claim within sixty tiez.zlf hu area per LORI A.MAGUIRE, this proceeding,you U Deerfield Beach,FL of the Circuit Court 07212313)10 (010 days after the son with disability ET AL.,the Oaten- are entitled,° no U < co0 _ closed meeting in the 30 DAYS AFTER THE 01 the 19th Judicial FORECLOSURE sale. any dentlsl The clerk cost t VJ Count Commission- DATE OF SERVICE 33442 Facsimile: SALE PURSUANT TO who n ds a provision out to the County Telephone: Circuit 11,and for 17121 231.3774 omm0datio"1n or- will sell to the MgM1 o am C ors•Conference Room OF A COPY OF THIS (9541 3543504 Indian Rive, Cou^ry, Designated Erna@ CHAPTER 45 Dated this 20 day 0f der to participate in est and best bidder ce.Please located on Ne second NOTICE ON THEM. Facsimile: Florida,wherein IhrwmlawH February.2013. this proceeding,you e,wsh,by e@ctrom contact Court Admin d el I Building A of All other 6,ddn4rs of 00 NO5435,5 HSBC BANK USA, bells°uth.^et NOTICE IS HEREBY By:DAVID BAKAESO a entitled.at n0 1c sale begin mng at 'sl"ratio 250 NE he County he decedent and oth N A.,AS INDENTUREGIVEN that sale will ESQ c 10:00 a.m.et www3- LT Administration Cpm- ter persons having]52605465 NOS Requests to,AccOm be made pursuant-; °You,t°the Country Club Drive, f4 IN AC COE DA NCE TRUSTEE FOR THE modations by Persons0025062 provision of c rlaln ndianff ve,.,a al for- Suite 217,Port St. plea a^dwille,mi"ate claims or demands H THE AMER@ REGI S T E R E D n Order 0,FinaDavid sekaN r,PA. c los e.com the O- a 0pe"meeting i^ 6E`w6•••6cede"isez• CAWS WITH DISA- NOTEHOLDERS OF with neriines with a Summary Judgment. Counsel for Plaintiff sett Court Admin 22nd day of Mae., 807.4370309 Mast 1 •p me County Commis la a must file their iters w1, Final Jud comae,Court et BILITIES ACT,I11,ou RENAISSANCE disability who needs 90161,1 as 2901 Stirling goad, ss 250 NE ...the following days before your C n chambers.The Nims with mO coin 1e6..66" e H 0 M EDU T Y "'"7777'7"7"""'• warded n Fe Civi Suitt ude described aced time of the WITHIN 3 MONTHS w ° Country Club Drive, roperly schedules ea N olmey.dienl session AFTER THE DATE a sa cirawmo feeds LOAN TRUST 2006- 6,1°participate i^ Casa No0131r-2012-Fo 3;auderdale,FL Suite 21),P°rl 51. i set forth in zaie ple,anC°...6. d s"tfony-five(051 min- OF THIS FIRST PUB. order rt0 pani7i. Allen Fe Co°Ie,H'To d lhisepro7e7e7,ingo os; CA•000986,01 the Phone.054)965.9101 LnT7e,70 et98east)LOT 1, BLOCKt'4,IN- this.,fiwti0neifvtne M s.Present a the LIGATION OF THIS " his d- Cooler,and Beverly to ypu,to the provision 01,111,Court of the SERVICE@ da before DIAN RIVER HIGH- t before the uteeli"g will be Com- NOTICE. prate in t el0tco° e NINETEENTH Judi- vs your N mist toners Joseph E.ALL CLAIMS NOT 9�you are entitled, E.Cooler are Defe"- 1 certain assistance. clal ETEE in and for,DBAKALARCOM scheduled co ap- LANDS,UNIT 2, scheduled a ear- ro•0•,•0,6,.°. dents,The CI°rk o1 please contacts Court Requests for Amor, pears mad•. ACCORDING TO THE nce's less than] 0 r .4.) Flescher,Wesley @ FILED WITHIN THE ttle"or n The Court will sell to Admi^Tetrad°n,250 INDIAN RIVER Co. m dations by Per. sly"o e,1,r em PLAT THEREOF AS days i1 you ere Imam Davis,Tim ZOrc,Parer TIME PERIODS SET °oc51t g NW COuntr Club Florida,wherein, s with Oise Hr thn"fiee••e"ail Ile RECORDED IN PLAT - M r D.O'B,yan,and Bob FORTH IN SECTION Lei ass stn ce. id a hest end bestpaged,call iiia im Please<o•tact Court bidder for cash via Drive,Suite 2t),Pon BANK OF AMERICA, ties sons you area per j7„7 e bele,,the BOOK],PAGE 10, .y Solari,Also present ]3].]02 OF THE gdmi nisi r ati net o n I i n e a t St.Lucie,FL,•34986, N.A.1z the Plaintiff, son wih a disability achedul le ap Peas. OF THE PUBLIC RE•pub:M7r<h),14, X pa CO will b County Attor. FLORIDA PROBATEI 250 NW L ti.at www.india nriver 7X 000 at least and,BETTY A.TWY- who needs any ac nce s less than) CORDS OF INDIAN NN..�/A nay Alan 5.Polack- CODE WILL BE FOR Club Drive,Suite !ealf°reclOse.c°m a )days before MAN;MORTGAGE ommodati0n in or 2013 N T 00 al with,Sr.,County Ad- EVER BARRED. y°t/1 ELECTRONIC REGIS der t°parfcipale in days i(you are hear FLORIDA.000NTY. TCN2493891 C in t ser Joseph A.NOTWITHSTANDING 21],Pon Saint Lucie, 10:OOAM 01,the 25th pearancle,0orrmmeEl TRATION SYSTEMS,-this pr0ceetllnB,You pained,call)116 im IN THE CIRCUIT FL 34908 TeleOhone day of March,2013, COURT OF THE O Baird,and a certified THE TIME PERIODS (1,2)80).43]0 within h.101 I°wing Web,up o",ewiI H INC.AS NOMINEE,are entitled,at no pub:March],14,ANY PERSON CLAIM- S coon reporter. SET FORTH ABOVE, 2 w•'••••9days of described Droperty this nollfiwbon 1(the FOR COUNTRYWIDE cost to you,to the 2013 ING AN INTEREST NINETEENTH L'• DICIAL CIRCUIT INDIAN RIVER TWO I I YEARS Y CLAIM LED OR Your,etpt of this s sat forth in said ti before the sched ANDS UNKNOWN'essistion e.certain TCN2493e]6 IN THE LE. FUA OF IN AND FOR INDIAN 0 F COUNTY BOARD OF MORE AFTER THE °I c;If You are Summery Final tiled appearance is TENANTISI IN POS. ¢ c6.PAdmin. IN THE CIRCUIT THE SALE.IF ANY, Q y COUNTY DECEDENTS DATE G°F'10 01.0 10800- Juegment,mwrc yoU 1 6Ohe.dr ang,or SESSION are Defers- i 611166,a00un 00 NW COURT OF THE 19TH OTHER THAI OWNER, RIVERFLORIDA TY, E en COMMISSIONERS 0 F DEATH I A 95687)1 Lot 3,Block 2,Florida voice impaired,call e61,ts. Country Club Drive,JUDICIAL CIRCUIT,IN AS OF THE DATE OF CIVIL ACTION ` JOSEPH E. BARRED. Ridge SubeiviaiI Suite 2[],Port St. AND FOR INDIAN THE LIS PENDENS, ASE NO,: REACHER,The date of the first 7',U.'616bruary 18. The clerk of the court, Lucie,FL,34986,71Z- i: d CHAIRMAN public tion of this Hof arc),2013 N0.2,as per plat pa',.,,,,,1,14,2013 RIVER FLORIDA„ UST FILE A CLAIM 31-2011{A 002)]1 TCN2491480 hstBo recorded 0 TCN2494291 Jeffrey K.he r[oh, 807.4370be at least r RI GA WITHIN SIXTY TER HE DIVISION: a) Z a N Ice is'March 1.2013. Plat a po 0 Page 80, will sell bidder the cash days before your GENERAL GAYS AFTER THE Q Pub:Marc TON2493083 Representative: IN THE CIRCUB OF THE of the Public Records. IN OF THIT est E online ager for cash scheduled court epi JURISDICTIONDTION SALE, Ialr,MORTGAGE,INC. C >I N Chantal Dodd Atnip NINETEENTH of India"flivar www peeia 8064n re,,,, E County,Florida. NINETEENTH .india^-aver gM. y 1 g ASE N0.T February,o 1 8 s a y O f Q F— Z cls J5cHugh,ohn ph N ANDFLRI INDA, 1std rEs, er JF THE S ATElE OFF 01Ifo14011050 Mon this no bef oon i1 tf5ohe 2011CA-1]21 20002K. WILLIAM, S.SWEO • Z NOTICE OF P.O.Box r. IN ANDFCflINTY, 1st As SE,Vero FLORIDA,OIN AND ng e[5,023 0e time before the Joseph K.00SS2ee ISO,�' N O.Box 280) RIVER COUNTY, Beech.FL 32962 FflIDA,IN AND March 15,201],1.° scheduled appear.U.S.BANK NATION- Florida BarX062628I Defendantlsl. Z a) O .ADMINISTRATION CR0011 Vero is, a) FLORIDA a, ell nxtures 6001FOR INDIAN RIVER following described ante s less than 1 AL ASSOCIATION Bus.Email: IN THE CIRCUIT Attporney for Personal CASE N0. ¢ o al property COUNTY sal property as set days if you are hear- AS TRUSTEE RASO JMcGnea@ NOTICE OF SALE '� (� N Q V COURT RIVERFCOUNTY,R N John Joseph McHugh 2011CA-002963110,201,,located I;2527.'0 hich"or are CIVIL DI CAFE Na60nh in Jun Fina, par o ry oic a 1•01-P2LAINTIFF, p P,0021 01at PURSUANT CHAPTTR45 _' summer 90161,1, paned,call 111. < �// U d FLORIDA • EmEsgoB, B AND TR BANKING incl deo az security 3t-ZOt1CAUo3006 tOT 1 Pub':March),t4,t/5. Morgan,5gem.,>- PROBATE DIVISION Email:johla P N TRUST[OM- ge Plaint-(I's mon- LOT IE BLOCK 1. 209 WILLIAMTAL. MASIE CLO. 115P,,Place NE IS HEREBY 50 File 0 0No.1V IIL 56,g0.644625 PANY, gage. BANK OF AMERICA. U ,GARDENS TCN2493859 ET AL., South Tr,stoa GIVEN Pursuant tit a 50 31201]CP00005]FL 000.07 Plaintiff, N.A.AS ERGER S- UNIT 3,CORINDEFENDANT 51. SOutgum.00 Final Judgment of CO P50,Box 2807 Any,Pelson claim ing SOC BMERGER TO TWO,ACCORDINGEB INTHE HCIRCUIT gum.. ForecloFebruary dated3, 1:13 INN C ESTATE W CK Pero Beach,FL 11001 SEAN 6 MARR et al. a^ rndt the 6A1.the SAC HOME LOANS T O THE P L A T COURT AL THEIR19TH NOTICE SU E Atlama,Telephone: an enter B,2013, F JAN 55 LHADWICK Pub:Mrch 7,14,20 pelendantlzl. plus lends from the CSERVICING,LP IO F CORED I AS RE-, JUDICIAL CIRCUIT. FORECLOSURE SALE 406020 end 31.20 i,Lase Deceased. Pub:March e,i1 any,tthe, H LOAN WIDE CORKED IN PLAT', DANOFOR )6 SERVICE No.1 of the -CA- C TCN2494341 FORECLOSURE ohne the„lot, HOME LOANS SERV BOOK fir PAGE 28, INDIAN RIVER NOTICE IS HEREBY I0000,Y,law solo 002171 of the SIRS. NOTICE FORECLOSURE SALE owner a of the date ICING,LP, OF THE PUBLIC AEI COUNTY,O VISION GIVEN pursuant to a Attorney fe,law.com Court J the Nine. CEO ms TO CREDITORS of the lis pendens plaint-H, CORDS OF INDIAN CIVIL DIVISION Final Judgment 0f AAjo 6,,rPi-4468 teenth00110 Judicial Cir. The estate sof °n f NOTICE IS HEREBY mus,616 a claim vs. RIVER COUNTY, CASENO: Foreclosure dated FAX os-0460 uirinand y. India" t0614 ° 56 the estate 01 Jan C GIVEN pursuant t0 a ohi^, tlayz cher N A K L Y DIXON. FLORIDA. 31 3011-LA-001995 February 8, ane and II.o00 16NOS2 River which Florida M 40 Chadwick,deceased,NOINT EFSALE Final Judgment dated the sale. OF NANO SPOUSE Property SWe V 8441 ¢mer d in Case 1No.16 II,00u a per zoo in who 9 96,5n Cil10 012 l]. Q. was sJanuary 4,2013ate of , EOURTOHE F THE FebCUIT rulosure°,y 8,2010,Dated thiy 101 day of LESLIELEARL DIXON:Y IXON; 5th PL BEACH,FL 32962ER01 AS ASSOCHATION.ATI ON, C ictCA.1721 in u 1 Court°f the 1e 75 h adisability ^1y 60lctomm0' @a111,11 end William J r�• p_ is pending in the Cr- NINETEENTH d entered 1^Case February,2010. I UNKNOWN SPOUSE AS TRUSTEE FOR 1901 2udicial Circuit dation in order to S.Swedish,,Any it/ T,r 0 N of Coon for Indian JUDICIALCIRCUIT No.2011-CA-002960, By:B,641ey 0.Smith OF LESLIE EARL DIX-ANY PERSON CLAIM. THE CERTIFICATE A and for Indian R0- participate in-this And All Unknown ^ River C°unry,Fla,i- IN AND FOR INDAN of 116 01002,Court Fla Bar7N()..76676 ON; IF LIVING,IN- 190 AN INTEREST HOLDERS OF THE e,County,Florida p 0eed1^g,you bre Parties Claiming by. i.M "4~ A, v da,Probate Division, RIVER COUNTY, of the Nineteenth 016,1010 Oko^, CLUDING ANY UN- IN THE SURPLUS L X A 2006.16N herein U.S.Bank entitled,et eto cst to Through,Under,And I CO the address of which FLORIDA Judicial Circuit in 551°m°"e,&Pioy,,' KNOWN SPOUSE OF FROM THE SALE,IF TRUST FUND, National 00500alion you,to the p°vision 0961060 The Herein 200016th Avenue,7.692.9 CIVIL DIVISION dIV,INDIAN P.L. SAID D E F E N- ANY,OTHER THAN Plaintiff, as Trustee RASO tcenaio aszisence. ed individual w Vero Beech,Florida Case NO.: FIVER County, 01010,1 for Plaintiff RANT S.IF REMAfl- THE PROPE RTY vs 006KS9 was the Please contact Corrie Defendants)Who e•� 32960. The names 31-2011.A.000599 Florida. BRANCH 5005.Australian 0IED,AND IF DE- OWNER AS OF THE FRANCES SCOTT Plaintiff and WIL- 1010003 ADA Cos- e n Known To Be � and addresses of the BANKING AND Avenue,Suite]30 CEASED,THE RE- DATE OF THE LIS A/K/A FRANCES 0 LIAM MASIELLO,ET dinar°,,255 NW De ad101 Alive, YYY,,,......... r)) C:) t0 personal,epaezente-WELLS FA RGO TRUST COMPANY, West palm Beach,FL SPE CTI VE UN- PENDENS MUST SCOTT:KB HOME AL.,the Delendent(s1. Country Club°rive, WhetherSaidUn- aL-r e end the personal BANK,N.A.TRUS Plaintiff and SEAN 33006 KNOWN HEIRS,DE- FILE A CLAIM WITH- TREASURE COAST The 01,1k will sell to Suite 211 Port 5t, 4n0wn Parries May representative,al- TEE POOLING AND E.MOOR AND EAR 15611]9-1400 VISEES,GRANTEES, IN 60 DAYS AFTER LLC A DELAWARE he highest end best Lucie,FL 34986, Lleim An Interen in y or ey are bet forth SERVICING AGREE- BABA MARR,are de. pl040,,s@ ASSIGNEES,CRED. THE SALE. LIMITED LIABILITY bidder to,cos.,by (77 21 8 07-4 370 e[ Spouses.Heirs,5,01 1, 3•I /yam V b 1° HENT DATED AS OF 1,006016 The Clerk ITORS,LIENORS, COMPANY;POINTE e 0 one sale begin- leas)]days before s,Grantees,Or a `_+ C All 075411ore of the APRIL 1,2005 AS. of Court will sell to R e q 0 677,7",".77"t 0, ANO TRUSTEES,Dated this 221,E day WEST M A 5 T E R "Il�gwa,11090 a.m.at your scheduled coup 01101 Claimants are .5. e.I O decedent and other SET-BACKED PASS he highest and best p0c0mmodauons b AND ALL OTHER °f February,2013 I PROPERTY OWNERS w .1nd1a^.,i ver- ° ereoce op^;m•_ defendants,1 will sell ct F "5 persons having TE000GH CERTIFI- bidder for cash via pee 00,6 11 tai MILT/TN'. ERSONS CLAIMING ALDRIOGE ASSOCIATION,INC.; .leall0,60IOse.corn mediately up 0 0 the 0ighes1 antl state o,eemanda PATES SERIES 2005 I he 101,10,1 a t Disabilities.If you BY,THROUGH,UN- CONNORS,LLP POINTE W E 5 T o"the 2200 day of c 9[his 101106 best 5;00°110,cash 0 •� Gains!decadent'° .0. ww .indian•river- are a person wi M1 a DEO OR AGAINST Attorney for Plaintiff NORTH VILLAGE March,201],the fol- t n1Tf the time be- in/on nttOs:llwww: Co) y tate n whom a Plaintiff, leelforeclose.c0m;all disabdlty ovhow,eds THE NAMED DEFEN- 7000 West Palmetto TOWNHOUSE AS. I°w1^0 described t0,peea ancehaduled indlamriver!eallo ! () '';',v, of this"Dote is 20:00°m, n M1e a"nac mmo ati D A N T 1 I Park R°a0,Spite]01 SO CATION,INC. propenylas 1 forth a r s lass close Com,Indian V I. ^, ] 2 g 0 i must le their al.,b e PAUL 0.so—,et 013.the doh 01 Mw<n,,in ,der 10 100500. N IKNOWN TENANT Boca ga,on,Telephone: DEN:UNKNOWN N SID- " s a d zF i n a 1 aha n 0 tlavz;lil you aiv1,:00AM FI°1116 W 41 W y claims with tthis sofa Defendants, described-property ing.your are proceed. ANT Off 561.392-6391 TEN 561.392-391 TENANTIN POS LOTq 20,BLOCK P. impaired°16 ei call 711,oice 2,10:010 March,the 2013 day of +- y 7, WITHIN THE LATER5 as set 709 in said °t n 000 to you,l-Defendant.) Facsimile: SESSIONJET R THE PARADISE i TISE PARK.puMarch>,14. descr the following 00610 !•" .'4 {sJ U O F 3 H 0 N T N S NOTICE SU E Final Judgment,to tai prows-to et 00. y I S ngh SUBJECT PROPER- U C I T N T. 2 5I3 described Dro Deity April 2, 2013 ,.. ITEM 14.13.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: March 27, 2013 SUBJECT: Appointment to VLE MSTU Advisory Committee FROM: Wesley S. Davis Commissioner, District 1 Attached are two (2) Applications for Committee Appointments to the Vero Lake Estates Municipal Service Taxing Unit Advisory Committee for appointment to this committee. WSD:mlp Attachments F:\BCC\Agenda Items\2013\Davis\VLE MSTU AC Appointment.doc 259 VERO LAKE ESTATES MUNICIPAL SERVICE TAXING UNIT ADVISORY COMMITTEE (VILE MSTU AC) APPLICATION FOR COMMITTEE APPOINTMENT DATE: February 25, 2013 NAME: Cynthia Bluewater First M.I. Last Name ADDRESS: 942087 th Street, Vero Beach 32967 HOME PHONE #: 772-918-4435 BUSINESS PHONE #: CELL PHONE #: 772-559-7732 EMAIL: cofblue2@gmail.com HOW LONG HAVE YOU BEEN A RESIDENT OF VERO LAKE ESTATES IN INDIAN RIVER )LINTY, FLORIDA? 2.5 yrs ARE YOU A FULL TIME OR PART TIME RESIDENT OF VERO LAKE ESTATES? (CIRCLE ONE) FULL TIME PART TIME PLEASE LIST CURRENT EMPLOYER OR BUSINESS. IF RETIRED, PLEASE LIST ANY BUSINESS EXPERIENCE THAT MAY BE APPLICABLE TO A SPECIFIC COMMITTEE: Retired public school teacher PLEASE LIST ANY LICENSES YOU PRESENTLY HOLD: PLEASE LIST ANY ORGANIZATIONS OF WHICH YOU ARE CURRENTLY A MEMBER: VLE Neighborhood Association ,.-EASE LIST ANY OTHER COMMITTEES OR BOARDS YOU CURRENTLY SIT ON: C:\Users\mpursel\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\T20BG5P4\VLE_Committee_Application (1).doc 260 ;ase return completed application, along with a current resumeto Misty L. Pursel, Commissioner Assistant, District 1, 1801 27t Street, Vero Beach, FL 32960-5965; or email: mpursel@ircgov.com. For any questions, please call 772-226-1442. C:\Users\mpursel\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\T20BG5P4\VLE_Committee_Application(1).doc 261 V LE 145 l �.J /k�✓ INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT Name: JOSEPH J. BEAUDOIN S Date:F03/06/13 Full Name: JOSEPH J. BEAUDOIN SR. Email Address: PoetheFLRealtor@aol.com Street Address (No P.O. Boxes):1 8365 92ND AVE VERO BEACH,FLORIDA 32967 Home Phone: 772-581-9358 Work Phone: 772-589-7777 Cell Phone: 1772-321-5152 How long have you been a resident of Indian River County?110 YEARS Are you a full or part time resident? Check one: Full Time❑✓ Part Time[] Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. COLDWELL BANKER ED SCHLITT REAL ESTATE AGENT/9 YEARS 1209 US 1 SEBASTIAN,FLORIDA 32958 Please list any licenses you presently hold: FLORIDA REAL ESTATE AGENT LICENCE # SL3081379 Please list any organization of which you are currently a member: IRC REALTORS ASSOC. Please list any other committees or boards you currently sit on: BOARD MEMBER OF VERO LAKE ESTATES PROPERTY OWNERS /6 YEARS IRC REALTORS ASSOC./GOVERMENT AFFAIRS COMMITTEE /2 YEARS Continued on next page 262 'lace a check mark next to the committee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE ❑ AGRICULTURE ADVISORY COMMITTEE ❑ BEACH & SHORE PRESERVATION ADVISORY COMMITTEE ❑ BOARD OF ZONING ADJUSTMENT ❑ CHILDREN'S SERVICES ADVISORY COMMITTEE ❑ CODE ENFORCEMENT BOARD ❑ COMMUNITY DEVELOPMENT BLOCK GRANT ❑ CONSTRUCTION BOARD OF ADJUSTMENT &APPEALS ❑ ECONOMIC DEVELOPMENT COUNCIL ❑ ENTERPRISE ZONE DEVELOPMENT AGENCY ❑ ENVIRONMENTAL CONTROL HEARING BOARD ❑ SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE ❑ MARINE ADVISORY NARROWS WATERSHED ACTION COMMITTEE ❑ PLANNING &ZONING COMMISSION ❑ TOURIST DEVELOPMENT COUNCIL ❑ TREASURE COAST REGIONAL PLANNING COUNCIL—COMPREHENSIVE ❑ ECONOMIC DEVELOPMENT STRATEGY Please print and return the completed application, along with a current resume, to the Board of County Commission office, 1801 27th Street, Vero Beach, FL. 32960, or by fax at 772-770-5334. 263 Joseph J Beaudoin Sr. 8365 92"'Avenue, Vero Beach,FL 32967 Tel.-_(772)5819358 Tel 41 (772)581 9389 Tel 0. (722)321-5152 Email: JOEgJOETHEREALTOR1.COM Career Objective To secure a position where growth is possible in.the elecbrieal field worldAg with a fast paced,top- notch growing company in the Aero Beach area. Education 1973-1977 Howell-Cheney Technical Regional High School 791 West Middle Turnpike,Manchester,CT 06040 Majored in Electrical Trade–Graduated on High Honor Roll 1970-1973 Robert J. O'Brien Middle School Farm Drive,East Hartford,CT 06108 Werk E rience _— February 2004 to present Coldwell Banker Real Estate Sales agent 1209 US 1. Sebastian,Florida 32958 Jan. 1996–June 2001 Tool Room Leadman Stanadyne Automotive Corp.,92 Deerfield Rd., Windsor CT,06095 Responsible for the daily supervision of workers as well as ordering of supplies and materials for a fast-paced,productive tool room. Sept. 1977–June 2002 Tool Room Gage and r bdure Grinder Stanadyne Automotive Corp.,92 Deerfield Rd.,Windsor CT,06095 Performed precision grinding on tools,gages,fixtures,experimental per,and other types of grinding which included brazing and soldering of tool steels,ferrous and non-ferrous materials and carbides. 1985–2002 pad-Time Worker John Tierin0Hammer&Nads,General Contractor Performed various electrical,plumbing,framing,ceramic wall&floor the work and painting on single.and multi-family residences- 1980-1990 Part-Time Worker Michael Lauria,Electrical Contractor Performed various electrical/central vacuum/alum systems and low-voltage landscape lighting jobs on single-and multi-family residences-and commercial businesses. Was also responsible for meeting customers,going over blueprints,town/city_lstate permits,and estimating and ordering all supplies for various jobs. 1973–1985 Pad-Time Worker Joseph J.Tierinni Jr.General Contractor Performed various electrical,plumbing,and painting jobs on single-and multi-family residences. 264 S nal S&Ots Over 25 years of knowledge in the operation of various machinist equipment including CNC equipment, -" Bridgeports,lathes,drill presses,brazing and soldering equipment,precision gages and measuring equipment as well as the use of convWional and diamond wheels and dressers. Over 25 years of knowledge with electUricab plumbing,ceramic and porcelain tile materials and landscape equipment used in every-day trade-related areas. I was able to effectively communicate with both upper' As a tool room leader for over 5 yew hers of tool room management and all factory floor supe�sors,as well as all outside vendors and SuPP equipment 'ble for the day-to-&Y ��dp��ng sm��and and supplies.I was respoisr es or supplies for a main tool room response for repairing and(a making of environment I learned to keep high-productive machines runhing 24-hours a day. In this type that precision and quality were a given aid that You stayed rmtil the Job was done,including weekends or holidays. I have excellent communication skills and work ethics.I am also able to work with all di f of tradespeople due to my experience in tool making,electrical,plumbing,landscaping di carpentry trades. I am proficient is the use of a computer and office csluiPment7 as well as the Microsoft Excel program and the keeping ofdetailed and confidential records on a daily basis. 18eferences Mr.Albert Deshaies,Tool Room Foreman(Ret.) Mr.Raymond Beaulieu,Tool Rin,Leadman (Retired) Stanadyne Automotive Corp. Stanadyne Automotive Corp. 592 Foxwood Blvd. 9005 Wedgewood Place Englewood,FL 34223 west Melbourne,FL 32904 (941)4745786 (321)722-0430 Mr.Stever Miskin,Co-worker Chris Haspeslagh,Co-Worker Stanadyne Automotive Corp. Stanadyne Automotive Corp- 9 1 orp.91 Connecticut Avenue 27 Clover Street - Springfield,Mass.01104 Windsor,CT 06095 (413)739-8715 (860)688-4379 Mr.John Tier'inai,Contractor Mr.Michael Lauria,Contractor Hammer&Nails 31 Lenox Street 20 Willard Road Manchester,CT 06040 Manchester,CT 06040 (860)643-7001 (860)647-1180 265 APRIL 2, 2013 ITEM 14.E.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: March 25, 2013 SUBJECT: Vero Beach Sports Village FROM: Tim Zo-rc Commissioner, District 3 1 would like to provide a summary of a discussion with Mr. Craig Callan in regards to the Vero Beach Sports Village. 266 APRIL 2,.2013 w.. ITEM 14.E.2 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: March 27, 2013 SUBJECT: Transportation Hub FROM: Tim Zorc Commissioner, District 3 Update on Transportation Hub discussions with the Vero Beach City �-- Council. 267 APRIL 2, 2013 ITEM 14.E.3 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: March 27, 2013 SUBJECT: Indian River County Lagoon Symposium FROM: Tim Zorc Commissioner, District 3 1 would like to provide a recap of the Indian River County Lagoon Symposium held Tuesday, March 26, 2013. 268 Vco INDIAN RIVER COUNTY �,�-AVEC ' SOLID WASTE DISPOSAL DISTRICT y BOARD MEMORANDUM . Date: March 22, 2013 To: Joseph A. Baird, County Administrator From: Vincent Burke, Director of Utility Services Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District 'k),rAl . Subject: Amendment No. 2 to Republic Services for Landfill Ditch Enhancement Project BACKGROUND: On April 10, 2012, the Solid Waste Disposal District (SWDD) Board approved the award of Bid No. 20012025 to Comanco Environmental Corporation (Comanco) in the amount of $3,247,500.00 with a contingency allowance of$614,500.00 to not exceed the total project cost of$3,862,000.00 for Phase 2 construction of Cell 1 of Segment 3 Expansion. This project was completed on schedule �-- and under budget resulting in a contingency balance of$364,734.58. Also on April 10, 2012, our engineer, Geosyntec Consultants (Geosyntec), was authorized under Work Order No. 4 to provide Construction Services for the referenced Comanco project above along with the preparation of design and construction drawings to make enhancements to improve drainage of the new access road to the top of the landfill. These enhancements were needed to minimize the erosion along the new access road and alleviate any safety concerns for our customers. On December 8, 2012, the Board authorized Work Order No. 6 to Geosyntec which included a task for construction support services for these drainage enhancements and anticipated utilizing the Board approved contingency funds to have Comanco install a Flexmat drainage feature along the road. A bid was requested from Comanco; however, it exceeded the engineer's estimate. On March 19, 2013, the SWDD Board approved final payment to Comanco as well as authorized the use of the remaining contingency funds in the amount of $364,734.58 to be allocated in a separate project for the drainage enhancements of the landfill access road. In order to complete this work in a timely manner, staff approached Republic Services of Florida, LP (Republic) to provide these services under our current landfill contract. Republic obtained a proposal from Golder Associates, Inc. (Golder) and Treasure Coast Construction Management SWDD Agenda-Amendment No 2 to Republic Services for Ditch Enhancement Project(2) Page 1 269 (TCCM). Staff forwarded these proposals to Geosyntec for review and recommendation on the lowest most qualified contractor to perform this work on the landfill property. ANALYSIS: Geosyntec has provided a bid evaluation report considering Comanco, Golder and TCCM for this project. The total bids (without any contingency) are: (i) $289,975.00 for Comanco; (ii) $142,200.00 for TCCM; and (iii) $151,435.26 for Golder. The Engineering Construction Estimate (ECE) for the Ditch Work is $149,975.00. According to Geosyntec, the unit costs from Golder were comparable with those within the ECE, TCCM did not provide unit costs, and the unit costs from Comanco were significantly higher than the ECE for various items. The lowest bid is from TCCM in the amount of$142,200.00 followed by Golder in the amount of$151,435.26. Geosyntec further reviewed the two lowest bidders in terms of qualification and experience. TCCM did not provide any qualification and relevant experience on earthwork and landfill-related construction. Based on Geosyntec's limited internet search, they could not find that TCCM had any project experience related to landfills. On the other hand, both SWDD and Geosyntec have worked with Golder as they are the current landfill gas operations and maintenance subcontractor to Republic. In addition, Golder provided landfill construction related services in their proposal and has direct construction experience working on the Indian River County landfill site as they recently completed the flare relocation project on schedule and under budget in 2012. Overall, prior experience working on an active landfill site is key to maintaining the safety of employees, residents, equipment and facilities. Geosyntec recommends SWDD utilize Golder through Republic as the general contractor for the ditch enhancement project. Geosyntec further recommends a 20% contingency on the project. Also, Republic has requested a 10% administration fee which is allowable within their contract subject to SWDD Board approval. The total cost of the project utilizing Golder as a subcontractor under Republic is approximately $199,894.54 which includes a 10% administration fee and a 20% contingency fee. This total is less than the available contingency fee of$364,734.58. Staff recommends approval of an amendment to Republic's landfill contract to utilize Golder as a subcontractor that based on their qualifications&their reasonable price proposal. ACCOUNT INFORMATION: Funding for the Ditch Enhancement work as a sub-element of the Segment 3 Cell 1 Phase 2 lateral expansion project is budgeted and available in the SWDD landfill account WIP number which is funded from SWDD assessments and user fees. SWDD Agenda-Amendment No 2 to Republic Services for Ditch Enhancement Project(2) Page 2 270 Board of County Commissioners March 19, 2013 Page Three This raises the questions of whether the Board is willing to revoke all or part of Resolution 2008-043, or do anything with respect to the fines/liens, as part of a settlement of the lawsuits above DISCUSSION/ANALYSIS. As stated, Resolution 2008-043 was adopted somewhat as a formality. Based on events which had occurred since 1888, based on the private easement in favor of other lot owners, and based on the 20 foot public and private road easement in Mensing's 1990 deed (which matched up with the County's 20 foot easement over the adjoining Lot 19), it is arguable that Resolution 2008-043 was duplicative and not necessary. While the County Attorney is confident that Resolution 2008-043 is legally valid, the County Attorney is not opposed to a revocation of the resolution as to that part of the Subject Strip which is adjacent to Mensing's Lot 15, if it will result in a conclusion to the lawsuits listed above. Thus, the County Attorney would recommend that the Board revoke Resolution 2008-043 as it relates to that portion of the Subject Strip which is adjacent to Mensing's Lot 15, on the condition that(a) the revocation would take place only in conjunction with an actual reverse mortgage closing, and (b) Mensing would deliver a general release and stipulation of dismissal with prejudice, thereby bringing the litigation and any other claims to an end. As for the CEB and environmental liens,reverse mortgage regulations apparently require that they be paid off—at least, that is what is stated in the reverse mortgage consultant's letter. Thus, it is up to Mensing to either pay them off, or offer to pay a reduced amount in connection with correction of the violations (to the best of the County Attorney's knowledge, the violations still exist). The County Attorney does note that the County cannot foreclose the liens against Lot 15, because it is Mensing's homestead. Also, if the reverse mortgage refinances the 2000 Mortgage, it is likely that the reverse mortgage would have the same priority as the 2000 Mortgage—meaning that the reverse mortgage would still have priority over the 2000 and 2009 CEB liens and the 2010 environmental lien. The County Attorney is not opposed to delivering a letter to a reverse mortgage lender stating these matters, subject to the same conditions set forth above — namely, that the letter would be delivered only in conjunction with an actual loan closing, and Mensing would deliver a general release and stipulation of dismissal with prejudice of the lawsuits. Several final matters should be noted. First, while Mensing and the reverse mortgage consultant are focused on Resolution 2008-043 and the CEB and environmental liens, the County Attorney believes that there are numerous other obstacles, unrelated to the resolution and the liens, which will make it very difficult, if not impossible, for Mensing to obtain a reverse mortgage. Not the least of these is the 20 foot strip along the northwesterly side of Lot 15 for"public and private roads," which was reserved in the 1990 deed when Mensing acquired the property, and the code and environmental violations which continue to exist on the property. F..-14iiorneyDndaOENM4L B C CWgenda Mena-Wensing 06(Pending Cases).doo 257 Board of County Commissioners March 19, 2013 Page Four Second, if the Board should revoke Resolution 2008-043 as it relates to the portion of the Subject Strip adjacent to Mensing's Lot 15, the action would impact only the resolution. The action would have no effect on other events which had occurred since 1888, on the private easement in favor of other lot owners, and on the 20 foot public and private road easement in Mensing's 1990 deed. In short, the County would not be giving up all rights to the Subject Strip; the County would be giving up only those rights which are based on the resolution. Finally, the Board should be aware that Mensing's neighbor to the west who owns Lot 16 has threatened to sue the County if it revokes Resolution 2008-043. However, while the neighbor can certainly sue if he chooses,the County Attorney is confident that the suit would be without merit. The Subject Strip adjacent to Lot 16 would remain unchanged, Lot 16 has direct ingress and egress via 129th Street and, as part of the settlement of the 2002 lawsuit with Mensing, the County also settled with the neighbor (who was a party to the lawsuit as well) in a manner which recognized that ingress and egress for Lot 16 (and other lots owned by the neighbor) would be via 129th Street. Finally, the neighbor would probably still have private easement rights under the 1888 plat and the 1990 deed. Thus, the neighbor would not be adversely affected by a partial revocation of Resolution 2008-043. RECOMMENDATION. The County Attorney recommends that the Board revoke Resolution 2008-043 as it relates to that portion of the Subject Strip adjacent to Lot 15, and authorize the County Attorney to deliver a letter stating the homestead and reverse mortgage priority matters set forth above, on the condition that (a) the revocation and letter would take effect only in conjunction with an actual reverse mortgage closing, and (b) Mensing would deliver a general release and stipulation of dismissal with prejudice, thereby bringing the litigation and any other claims to an end. ASP:LAC F.WttomeyVUnda1GENEP4D8 CCUgenda Alen—W nsing 06(Pending Cases).doc 258 Ditch Enhancement Project 411-169000-10009 $199,894.54 RECOMMENDATION: SWDD staff recommends that its Board perform the following action: a) Approve the Second Amendment to Republic Services landfill contract to administer the Ditch Enhancement Project at a not to exceed price of$199,894.54. b) Authorize the Chairman to execute the attached agreement. ATTACHMENT: 1) Bid Evaluation Memorandum from Geosyntec 2) Second Amendment to Contract Agreement between SWDD and Republic Services, LP APPROVED FOR AGENDA: Indian River Co. Approved Date By: I - "�� - , & J Administration Josep A. Baird, County Administrator Budget j j3 For. 2 a`?O/ Legal 3•Z--T 13 ate SWDD SWDD 2S�17 SWDD Agenda-Amendment No 2 to Republic Services for Ditch Enhancement Project(2) Page 3 271 Geosynte& ATTACHMENT 1 1 Riveonvill stud,suite 710 Jacksonville, 904.a 32207 ,1} PH 904.858.1818 9.1143 consultants w.g osynt e.com �..- www.geosyntec.com 6 March 2013 Mr. Himanshu Mehta, P.E. Managing Director Solid Waste Disposal District Indian River County 1325 74th Avenue Southwest Vero Beach,Florida 32968 Subject: Bid Evaluation Access Road Ditch Modifications Indian River County Landfill Facility Vero Beach,Florida Dear Mr. Mehta: Geosyntec Consultants, Inc. (Geosyntec) prepared this letter to provide Indian River County (IRC) Solid Waste Disposal District (SWDD) the results of an evaluation of the contractor bids for the Access Road Ditch Modifications (hereafter referred to as the Ditch Work) of the Class I landfill at the IRC Landfill(IRCL) facility in Vero Beach, Indian River County, Florida. The bid evaluation is a step in the procurement process undertaken by the SWDD to select the most qualifying and cost-effective contractor for the project, and was requested by Mr. Himanshu Mehta, P.E., Managing Director of SWDD. The remainder of this letter presents: (i) project background; (ii) summary and evaluation of bids; and(iii)recommendations. PROJECT BACKGROUND On April 10, 2012 the SWDD Board authorized Geosyntec under Work Order No. 4 to provide engineering and construction support services for Phase 2 construction of Cell 1 of Segment 3 Expansion(Phase 2 project). The Phase 2 project consisted of the construction of the Cell 1 liner and leachate control systems; some minor improvements to the stormwater management system and perimeter access roads within the Cell 1 construction limits and ancillary construction activities. The Phase 2 project began on May 21, 2012 and was substantially completed on February 6, 2013. Geosyntec provided Construction Quality Assurance (CQA) activities for the Phase 2 project. FL2054U13020 Bid Evaluation 272 Mr.Himanshu Mehta,P.E. 6 March 2013 Page 2 During construction of the Phase 2 project, SWDD requested Geosyntec to assess the condition of the ditch on the southern side of the vertical expansion access road that goes up the IRCL. On October 24, 2012, Geosyntec issued a memorandum to SWDD summarizing the assessment of the erosion and sedimentation issues the access road ditch was experiencing and proposed a ditch redesign to address the deficiencies of the existing ditch. Based on the performance and economic evaluations performed, Geosyntec recommended the use of Flexamae lining system to address the erosion and conveyance deficiencies of the existing ditch. Further, Geosyntec prepared an engineer's cost estimate (ECE) for performance of the Ditch Work. In December 2012, during performance of the Phase 2 project, SWDD requested Geosyntec to obtain a quote for the Ditch Work from the Phase 2 project general contractor Comanco Environmental Corporation (Comanco). On January 4, 2013, Comanco provided a quote for performance of the Ditch Work. The total cost from Comanco's proposal was $289,975.00. Based on the ECE, Geosyntec evaluated Comanco's bid price to be too high and suggested that SWDD rejects that and pursue other options. Geosyntec summarized Comanco's proposal evaluation in an 8 January 2013 memorandum to SWDD. On January 9, 2013, SWDD requested Geosyntec to prepare separate bid documents for the Ditch Work. Geosyntec subsequently completed the preparation of the bid documents including a revised bid form, technical specifications and construction drawings for obtaining bids for the Ditch Work. Geosyntec also revised the ECE in accordance with the revised bid documents. On January 25, 2013, SWDD requested Geosyntec to forward the bid documents for the Ditch Work to Republic Services, Inc. (Republic), the operator of the Class I Landfill, to obtain bids for construction of the Ditch Work under operation contract with SWDD. SUMMARY AND EVALUATION OF BIDS On February 22, 2013 the following two general contractors submitted their bids for the Ditch Work: • Treasure Coast Construction Management, L.C. (TCCM),Vero Beach,Florida; and • Golder Associates, Inc. (Golder),Atlanta, Georgia. In addition to the above two bids, Comanco's bid was considered in the bid evaluation process. The three bid proposals are presented in Attachment A. SWDD has requested Geosyntec to review the bids and provide a recommendation to SWDD on the cost proposals. Our evaluation presented herein is based solely on the copies of the completed bid forms received from SWDD. FL2054\JL13020 Bid Evaluation 273 Mr. Himanshu Mehta,P.E. 6 March 2013 Page 3 Geosyntec utilized the bidders completed forms to prepare the Summary of Bids and comparison with ECE table presented in Attachment B. The table shows that the total bids (without any contingency) are: (i) $289,975.00 for Comanco; (ii) $142,200.00 for TCCM; and (iii) $151,435.26 for Golder. The ECE for the Ditch Work is $149,975.00. In general, the unit costs from Golder were comparable with those within the ECE. TCCM did not provide unit costs. The unit costs from Comanco were significantly higher than the ECE for various items as indicated in the January 8, 2013 memorandum to SWDD. The lowest bid is from TCCM in the amount of $142,200 followed by Golder in the amount of$151,435.26. TCCM is a certified building contractor per the Florida Department of Business and Professional Regulation. TCCM did not provide any qualifications and relevant experience on earthwork and landfill-related construction. Geosyntec therefore conducted a limited internet search of TCCM and could not find any project experience related to landfills. We could also not find any experience in construction of erosion and sedimentation controls, especially installation of ditch lining material for roadways, landfills, etc. The Ditch Work is in close proximity to the landfill access road (with waste trucks running up and down daily during the Ditch Work), active areas of the Class I landfill, and components of the active gas collection and control systems (GCCS). Health and safety concerns during construction require selection of a contractor with familiarity with landfill-related construction work. In light of this, although TCCM is the lowest bidder, Geosyntec believes TCCM does not qualify to perform the Ditch Work at the IRCL. Golder is the second lowest bidder with a bid amount of$151,435.26. Golder is the current LFG operation and maintenance (O&M) subcontractor to Republic under the landfill operations contract with SWDD. Geosyntec recognizes Golder as a company providing consulting, design, and construction services in earth, environment, and related areas of energy. A review of Golder's proposal indicates that they have provided landfill construction related services in various states including Florida, Georgia, Louisiana, Texas, Colorado, and California. Golder's solid waste construction staff has direct working experience at the IRCL. Golder worked as the general contractor for the LFG flare station relocation project at the IRCL which was successfully completed in April 2012. Further, Golder proposes to utilize staff familiar with the operations at the IRCL and the precautions associated with working at the facility for performance of the Ditch Work. Geosyntec has direct working experience with Golder including the LFG relocation project that we provided Construction Quality Assurance (CQA) monitoring services. Similar CQA monitoring services will be provided during the Ditch Work construction. Geosyntec's review of Comanco's final payment application for the Phase 2 project indicates availability of contingency funds in the amount of$364,734.58 approved by the Board as a part of the Phase 2 construction project. FL2054\JL13020 Bid Evaluation 274 Mr.Himanshu Mehta,P.E. 6 March 2013 Page 4 RECOMMENDATIONS Based on the review and evaluation presented above, Geosyntec recommends SWDD to utilize Golder through Republic as the general contractor for the Access Road Ditch Modifications work. This recommendation is based on Golder's landfill experience and qualifications, and SWDD and Geosyntec's direct working experience with Golder at the IRCL. Geosyntec further recommends to allocate 20 percent contingency funds for the Ditch Work for changes in site conditions and/or modifications. Therefore, the total cost of the project including the 20 percent contingency funds and assuming a 10 percent mark-up by Republic (as management fee) will be $199,894.54 which is within the amount available in the contingency funds for the Phase 2 project. CLOSURE Geosyntec appreciates the opportunity to provide services to Indian River County. If you have any questions regarding this correspondence, please feel free to contact either of the undersigned at 904.858.1818. Sincerely, Rutuparna Joshi, EI Senior Staff Engineer Kwasi Badu-Tweneboah, Ph.D.,P.E. Associate Attachments: Attachment A—Bids Reviewed Attachment B—Summary of Bids Table FL20541JL13020 Bid Evaluation 275 ATTACHMENT A BIDS REVIEWED 276 GMA, 10 _:.. ._ ENVIRONMENTAL CORPORATION January 44,2013 Mr. Rutuparna Joshi Geosyntee 1.200 Riverplace Blvd, Suite 710 Jacksonville,FL 32207 RE: Indian River Landfill Access Road Ditch Modification SUB: COMANCO Proposal Dea•Mr,Joshi; Please see attached CQIY1MCWs Proposal to modify the°:accessaoad ditch at the Indian River Landfill located in Vero Beach,Florida.:Please.also:see below.clarifications,; Clarifications:: 'N.. 1,. Pxice inelud.e..s sod for areas outside;of Flex.-a Mat histallat on Prtcedoes n4t:::, ude:any cost for .erosion control mat. 2 Proposal assumes applXng Detail 1 on.Slueet:4 for. iuy field.fitting of the Flex-a�IYlat.: 3.. Price does_not:include cost associated with Item#8,0 %1crefie%Asphalt Curb for Access Road`: If you have any questions.or r equire additional infolmation,please do not hesitate to:egntact mei. Sincerely;_ COMANCO E NMEN1 AL CORPORATION Matthew R..Remmert Project AM. ,nag 4301 Sterling Commerce Drive •Plant City, Florida 33566 (813) 988-8829•FAX(.813)676-7990 zv vW-COMA.NCO Com 277 Indian River County. Phase II Cell I Construction .. wertical,Expansion AccessRoad.Ditch Mo-difications BdFo��m- Units �•�x�,'Qtiantrty 1 TOft-Length of:the Ditch. X50 2 Cross Sectional Area of1he Ditch 17.5 sq.ft. 3. Estimated Fill for achieving the cross section 5`W, x,750 ct1. 4 Ditch Sdeslopes; 5 Ditch Perimeter 13.2 'ft 6 Flexarnat`Width " Type of Lining Material.__ . Flexamat Item Description Estimated Quantity. Unit: vok ost: Cost.: (Wote I)' T S:tockplle exrsttng Check Dairis., 1 LS sl000,.,00: s-,000 00 2 _ Subgtad .Prepaia#ion rTTote Tl)-- 1,35:0 if 9 1"3%50 38:t�25...0 3 Eaithvugt (p]Yl:` ote —F%7—aa : _91,,zoo; oo, _. ._.. 1;,200. cy 4 Fiexama (Material andilstallation)(Iitofe 2;50.0. sy a ,so ]a3,?sa 'o.o:. Crebgrid(zsed tote ialYs of Fiexnat togtliex) 2;500 sf so- s� o, oQ- .. 6 Tlis ail tockpile&Check ams, LS SOD OUTU�JE.'OF nFXAMAT ARE 2;2S:O: sy s ,9;o ii_,2s.o:oa: 8 Concretef is halt:Ctab fQi Access 12oad(N(ite_yII) 1:.;3°5.0. Jr N!A. .k TOTAL. Zs9,s7 .<o:R Notes, Quantltzes:presented heieiri,aie estimated quantities:and should be verified by Contractor. If quantities.are found to I be ggnilicatrtly diffelent,.Coz►tractor shall nottfy'Consh uctiion IvTanagei/Engineer pri'orto:starting:work .0 uantiti'es; not;:piovrdgd shall be estimated and ver jfied,by Contractor and brought to,Engineer's:attention Paymentahall be made on surveyed and calculated:quantities in accordanoe with:the Technical Specifications: IZ Subgra&.preparation shall invo.1ye.Temoval of overgrown grass,:rocks;sticks,toots,unsuitable soils etetpresent withaLthe.ditch wthework area.This lineRom shall also.includepreparation of`subgiade for'the ditch ingdMpa4008 on the.Iandf 11 side-slopes and onthe accessroad sdeslopes as shown ori the Construct;op;I3rawmgs_ III This hne item involves eatthiyoik associated«+th construct hg:the ditch cross section Qf.2I�;l.U2slopes wittt:depthof 2 5 A,5%slope up to the existing ground with slopes as indicated on the Constt'uction.Dra wings, Eaethwork_guantities ate:in-placexompacted.quaritities:Earthwork pay items meiotic all.casts to]laul place;. N eompact,,and grade general/.structural-fill. V Conhagtorto_follove,rmntruotion.guidelinesfiom_the.nianufacturer.for.:material:arid nstallatonofFlexamat, Flexamat manufacturer and cons-truction trotes:are indicated on the Construct on D�ayvJrigs; UP Technical Spedifications fi`oin Phase2 Cell 1:Construction Bid Package mill be applicable.Add�fonal Teclvical. Specifications areprovided with thi .package, VII This hne item.involves surfaci1.ng;the.access road shoulder and putting in a_cui�b,on south edge of the access>road Details of the curb as indicated on the.Construction Drawings. 278 11111111111111111111 TREASURE COAST CONSTRUCTION MANAGEMENT, L.C. General Contractor/Project Management February 20, 2013 Treasure Coast Refuse Attn:John Hastings 1327 74`h Ave SW Vero Beach, FL 32968 Re:Landfill road swale repairs PROPOSAL We are pleased to submit this letter of contract and confirmation for the above captioned project. . We agree to furnish all necessary materials, equipment and labor under the supervision of trained competent personnel to complete the following as shown on plans and specifications for a total sung of. $1420200 One Hundred Forty-Two Thousand Two Hundred Dollars Even Scope 6ff work to include: 1. Remove,stock guile and replace existing check dams 2. Strip grass from work area 3. Prepare sub grade as shown 4. .Import 800 cu yards of fill for grading 5. Purchase and install fflexmat and geo grid per specifications 6. Sod as required outside of flexmat 7. Provide initial and final survey Excluded: Permitting(root required) Plate Engineering CQA Plans&inspection by engineer per notes,section VIII Office trailer,water and sewer Performance and/or bid bonds Sales tax not charged. Acceptance of Proposal: John Hastings Date Respectfully submitted by: Christopher P Schlott P.O.Box 2851 • Vero Beach,FL 32961 • Phone (772) 569-71.65 • Fax(772) 569-8901 • License No.CBC053386 07'9 Indian River County Phase H Cell I Construction Vertical Expansion Access Road Ditch Modification BID FORM Flexamat Lining Material Item Description Estimated Quantity Unit Unit Cost Cost (Note 1 Mobilization/Demobilization(Not to exceed 5%of Bid) 1 LS ' 2 ' Stockpile existing Check Dams(Note II) 1 LS �S� 3 Subgrade Preparation(Note 11 760 iffill 15bo 4 Earthwork(Fill)(Note IV and V) 800 cy � 5 Flexamat(Material and Installation)(Note VI) 1,400 sy tic0 6 Geogrid(used.to tie 2 rolls of Flexamat together) 1,400 sf 0 7 Install•Stockpiled-Check;lams 1 L. ro 1q.;500 8 Sodding outside of Flekamat(Note VII) 1,250 sy 14,000 9 Initial Survey and Final Survey(Note X) 1 LS = TOTAL 2 Notes: Quantities presented herein are estimated quantities and should be verified by Contractor. If quantities are found to be significantly different, I Contractor shall notify Construction Manager/Engineer prior to starting work.Quantities not provided and that form a part of the work shall be estimated and verified by Contractor and brought to Engineer's attention. Payment shall be made on surveyed and calculated quantities in accordance with the Technical Specifications. This item involves stockpiling check dams present in the work area as shown on Drawing 2 of 5.This item shall also involve removal of silt fence and siltation accumulated behind the check dams within and outside(downstream)the work area.Please refer to Drawing 2 of 5. This item involves clearing/removal of overgrown grass,rocks,sticks,roots,any trash,unsuitable soils etc.present within the ditch and stripping of.the unsuitable topsoil in the work area.This line item basically involves preparation of subgradetexisting ground prior to placement of the import fill on the landfill side slopes and on the access road side slopes as shown on the Construction Drawings This line item involves earthwork associated with constructing the ditch cross section of 2H:1 V slopes with depth of 2.5 ft,5%slope up to the IV existing ground with slopes as indicated on the Construction Drawings.The actual quantity may vary due to the on-site conditions.Contractor to provide a survey from top of prepared subgrade to top of fill for actual as-built quantity of fill utilized. V Earthwork quantities are in-place compacted quantities.Earthwork pay items include all costs to haul,place,compact,and grade general/structural fill. Contractor to follow construction guidelines from the manufacturer and any additional guidelines provided by the engineer for material and VI installation of Flexamat.Item shall involve application of seed prior to flexamat installation.Flexamat manufacturer and construction notes are indicated on the Construction Drawings. VII This item involves sodding of the ditch from crest of flexamat to crest of the access road and the 5%bench on the landfill sideslope as shown on the Construction Drawings. Vin This Bid Form is a part of the bid package that involves Technical Specifications,Construction Drawings,Construction Quality Assurance (CQA)Plan,Manufacturer Guildlines for Flexamat installation,and any other guidelines/instructions provided by the Engineer. IX Contractor shall submit Request for Additional Information(RAI)for clarifications,if any,related to scope of work,items and/or quantities on the bid form,and any discrepancy in the bid documents during the bidding process. X Contractor to perform initial survey after subgrade preparation and a final survey after Flexamat installation.Contractor to provide as-built survey to the owner.The surveys shall be used for payment purposes and for verification of work completion 1 of 1 1/25/2013 280 pmhp_ o r sociates February 22,2013 P23-82527 Mr. John Hartings Republic Services, Inc. 132774 th Avenue SW Vero Beach, FL 32968 RE: INDIAN RIVER COUNTY LANDFILL ACCESS ROAD DITCH MODIFICATIONS VERO BEACH,FLORIDA Dear Mr. Hartings: Golder Associates Inc. (Golder) is pleased to present this proposal to provide construction services to Republic Services, Inc. (Republic) related to access road ditch modifications at the Indian River County Solid Waste Landfill. PROJECT UNDERSTANDING Golder's understanding of the project is based on drawings and technical specifications dated January 25, 2013, prepared by Geosyntec Consultants (Geosyntec), the.scope of work as detailed on the Bid Form (dated January 25,2013), and information gathered during a site visit conducted on February 20, 2013. In summary, the work consists of modifications to approximately 760 linear feet of ditch along the landfill ., access road, and will entail the following tasks: ® Stockpiling existing check dams in the work area depicted on the construction drawings; ■ Subgrade preparation, including clearing and stripping of soils in the ditch work area; ® Removal of silt fence and siltation accumulated behind check dams along the ditch; ® Soils construction including importing fill for earthwork for establishing a trapezoidal cross section for the ditch; ® Seeding the ditch cross section followed by installation of the Flexamat lining system using manufacturer's guidelines and specifications; a installation of check dams above the Flexamat lining system; ® Installation of sod outside the Flexamat lining; and ® Performing an initial and final as-built survey of the work. PERTINENT EXPERIENCE Golder's solid waste construction staff has knowledge and direct working experience at the Indian River County Landfill. In addition.to this construction experience, Golder has extensive engineering and field operations experience in Florida,Georgia, Louisiana,Texas, Colorado and California. PROJECT STAFF Golder will use staff familiar with the operations at the Indian River County Landfill and the precautions associated with working at this facility. Those staff will include Michael J. Dickey, PE as the site Golder Associates Inc. r 3730 Chamblee Tucker Road Atlanta,GA 30341 USA Tel: (770)496-1893 Fax: (770)934-9476 www.goider.com M Golder Associates:operations in Africa,Asia,Australasia,Europa,North America and South America Golder,Golder Associates and the GA globe design are trademarks of Golder Associates Corporation 281 Mr.John Hartings February 22, 2013 Republic Services Inc. 2 P23-82527 superintendent/project manager and Gabriel Brendel, project foreman and senior technician. Summaries of their experience can be provided upon request. PROJECT PRICING Golder's proposed pricing for the project is presented on the attached Bid Form. CLARIFICATIONS AND ASSUMPTIONS Golder's proposed pricing for the project is based on the requirements in the January 25, 2013 project documents and is subject to the following: ® Strippings, debris, and trash, generated from ditch subgrade preparation activities will be stockpiled on site for future disposal/removal by others. ® Geosyntec will act as the County's construction quality assurance (CQA) and quality control consultant. Quality control will be performed by Geosyntec at no charge to Golder. • The only plan required will be a Health and Safety plan. • No permits Will be required to be provided by Gelder. If it is determined that any permits are necessary, the County will be responsible for providing said permits prior to Golder's mobilization. • Payment and performance bonds are not required for this project. a We have assumed that, because of the short duration of the project work, the field office, temporary water, electrical,telephone, sanitary and other temporary facilities described in the specifications will not be required and they are not included in our estimate and proposal. Golder looks forward to working with Republic on this project,and we trust that our proposal is responsive to your needs. If you need any additional clarification regarding our submittal, please contact Mike Dickey in our Jacksonville office, or David Knapp in our Atlanta office at your convenience. GOLDER ASSOCIATES INC. C� V. ,Michael J. Dickey, PE . avid Knapp Senior Engineer Senior Landfill Gas System Consultant ,ai-3i. r .9 Richard S. Keenan, PG Construction Division Leader and Principal cc: K. BaduTweneboah-Geosyntec Attachments Bid Form FN: G:\Proposals\P23\P23-82\P23-82527\lndian River Landfill Ditch Modification Proposal mjd_car.docx 0A- ses older 6 6Indian War Landfill Itch Modification Proposal mjd car.docx s L 282 Intdiag River County Phase:II Cell I Construction Verti+cof Expansion Access Ra.ad Bitch Modification BID FORM Fte.`amai Lining*Hateriat I tdm Description Estimated Quantity Unit Unit Cost ' Cost (Note 1) I MbbilizationcDeinobilization(Not-to exceed 5%c:F Bid) 1 LS $7,571.76. $7',S71.76 Stoekpi.le.existing Check Dams (Arcate II)` 1 LS $7,430.5 $7,430-V. .3 Subgrate Preparaboti(Nolte.11J). 760 if 526.40 '$26,062.60 .4 Earthwork(Fill)(N-ote IV and V) $00 Cy $19.'B $14.;523;$2 Flexamat(Mater tnl and.Installation)(Note VI) 1400 sy $54.90 $76,855,92 Go6jrid f used to fie 2 rolls of Flextu-nat tc etber.) 1,400 sf $5.31 ti a7;00,j9 7 Install Stogkpiled Check,Daihs 1 LS $7.430.59 S7,430.59 'S Sodding outside ofFlc=wat(Note YM 1..250 1 sy. $4.91. S6,141.99 9 initial Survey and.Final Survey(Note.X) 1 L..S $3,,987.3.9 1 S3:,9$7.39 TOTAL $I51;�135;26, Votes: Quantities presented herein are.estimated quantities and should be verified by-Contractor.if quatitiiies.are found to be si�titieantly different, Contractor shall notify Construction Manager/ingineer prior to starting work.Quantities not provided and that t'orm a part of ibe Nvork shall be, estimated and verified by Contractar and brought to Engineer's attention.Paytltent shall be made on surveyed and calcuiated quantities in accordance with the'rcchnicai Specifications. it This item invotves stoclpilidgeli ck dams present in the wark.aren as shown on Drawing 2 of 5:This:item shall also involve.removal of silt tence and siltation aecumulated behiW—the check dams within Aird oiitsidt:(dowmstream)the%vork area.Please n:fer to Drawing 2 of S. This,item involves elcaringlrenloval of overgrown prass,-roeks,&ticks,roots,.any trash,unsuitable soils etc.p'reseun iviiltin thedhcli and III stripping of the unsuitabl'Jopsoil.'in the work area.'Ns line item basically involves preparation.of subgradelexistino ground prior to placement otthe import fill an the landfill side slopes and on the access road side slopes as sbowrt on the Constraetion Drawings This line item involves earthwork as.cociatcd with-constructing the ditch cross section of 2HA V shape$with ilepoli ON15 ft,5%slope up to the 14' existing gromtd with slopes as indicated on die Construction Drawings..The actual quantity nigy.vary dtie to slid an-site conditicins.Contractbr to providea survey from top of prepardd subgrade to top-of 1311 for actual as-built quantity of.fill utilized, VEartlnvork quantities are in-place corrtpaered cluatttitics.EarAnti>ork pay items include alt costs to haul,place,compact,and grade genert3Ustruetural fill: Contractor to i'cillou constriction guidelines from.the mattufadturer and any azlditionat guidelines provided vy the engineer for material and V1 installation of.FlexaniaL Item-shalt Involve application of seed prior to flexamat instflllation,Flckamat manufacturer and construction notes.are indicated oq.the.Cctnstructiou Eiratvings. Vit Thi itenrinvoives sodding of'the ditcl't.iiom crest ofllexatnat to Crest.of Oje access read and the.5¢ bg;ich on.the landfill sideslope aS shown On tau;Construction Drawings. Vl It This II.id.Furm is a part of the bid package that ltivolves Technical Speoifidations;Coinstruction i;3m-wings,L otistruclign Quant},lssurince (CQAI Plan.Mimvifacturer Cuildll.nes for Fleitamat instailufion,and any other t;uidelinesliastniaiLps provided by tlie:Engineet. Ix L;otitr� ctor shall submit Request for Additional Informatiou(3tr'�l)•far elarifeationsi if any,related to scope of work.tut ri andlor quantities o the bid form,.atid any-discrepancy in the bid documents€iuniig the bidding pl oct_t;& Contractor to peribtin initial survey aftersubgrade preparation-and a:final survey alter Flexli7tat it;initation.CUntiactot Ie)provide as-built stu vey.to the owner;The:surveys shalt be used ftrr'payliient purposes and-W verification—of work completion w® 1125/2013 1 afi 1 283 ATTACHMENT B SUMMARY OF BIDS TABLE 284 Indian River County Landfill Vertical Expansion Access Road Ditch Modification Summary of Bids and Comparison with Engineer's Cost Estimate Geosyntec Comanco Environmental Treasure Coast Construction Engineer's Cost Estimate Corporation Martagement Golder Associates Item Description Estimated Quantity Unit Unit Cost Cost Unit Cost Cost Unit Cost Cost Unit Cost Cost ate 10 1 Mobilization/Demobilization(Not to exceed 5%ofBid) 1 LS $6,000.00 $ 6,000.00 Excluded - $ 2,500.00 $7,571.76 $ 7,571.76 ZStoc ile existing Check Dams ate 1 LS $7,000,00 $ 7,000.00 $5,000.00 $ 5,000.00 - $ 5,500.00 $7,430.59 $ 7,430.59 3 Sub de Preparation(Note 760 if $ 25.00 $ 19 000.00 $ 13.50 $ 18,225,00 - $ 27,500.00 $ 26.40 $ 20,064.00 4 Earthwork(Fill) ote IV and 800 cy $ 25.00 $ 20,000.00 $ 45.00 $ 54,000.00 - $ 16,500.00 $ 18.15 $ 14,520.00 5 Flexamat(Material and Installation)(Note VI) 1,400 sy $ 55.00 $ 77,000.00 $ 77.50 $ 193,750.00 $ 70,500.00 $ 54.90 $ 76,860.00 6 Geogrid used to tie 2 rolls of Flexamat together) 1,400 sf $ 1.50 $ 2,100.00 $ 1.50 $ 3,750.00 - $ 6,000.00 $ 5.31 $ 7,434.00 7 install Stockpiled Check Dams 1 LS $7,000.00 $ 7,000.00 $4,000.00 $ 4,000.00 - $ 4,500.00 $7,430.59 $ 7,430.59 8 Sodding outside of Flexamat(Note 1,250 sy $ 5.50 $ 6,875.00 $ 5.00 $ 11,250.00 $ 4,000.00 $ 4.91 $ 6,137.50 9 Initial Survey and Final Survey(N T 5,000.00 $ 5,000.00 Excluded - $ 5,200.00 $ 3,987.39 1 $ 3,98739 TOTAL $149,975.00 $289,975.00* $142,200.00 $151,435.83 Nates: Quantities presented herein are estimated quantities and should be verified by Contractor.If quantities are found to be significantly different,Contractor shall notify Construction Manager/Engineerprier 10 alerting work.Quantities not provided and that form e I part of the work shall be estimated and verified by Contractor and brought to Engineer's attention.Payment shall be made on surveyed and calculated quantities in accordance with the Technical Specifications. This item involves stockpiling check dams present in the work area as shown on Drawing 2 of 5.This item shall also involve removal of sdt fence and siltation accumulated behind the check dams within and outside(dmvnstream)the work area Please refer to II Drawing 2 of 5. II[ This item involves cieoring/ramoval of overgrown grass,rocks,sticks,roots,any trash,unsuitable soils eta present within the ditch and stripping ofthe unsuitable topsoil in the work area This line item basically involves preparation ofsubgmde/existing ground prior to placement of the import fill on the landfill side slopes and on the access road side slopes as shown on the Construction Drawings IV This line item involves earthwork associated with constructing the ditch cross section of 2H:I V slopes with depth of 25 ft,5%slope up to the existing ground with slopes as indicated on the Construction Dr¢wings.The octad quantity may very due to the on-site conditions.Contractor to provide a survey from top of prepared subgrade to top of fill for actual as-built quantity of fill utiliud. V Earthwork quantities are in-place compacted quantities.Earthwork pay items include all costs to haul,place,compact,and grade genaral/struchual fill. VI Contractor to follow construction guidelines from the manufacturer and any additional guidelines provided by the engineer for material and installation of Flexamat.Item shall involve application of seed prior to fiexamat installation.Flexamat manufacturer and construction notes are indicated on the Construction Drawings. VII 'Ibis item involves sodding of the ditch from crest of flexamat to crest of the access road and the 5%bench on the landfill sideslopo as shown on the Construction Drawings. V1II This Bid Form is a pan of the bid package that involves Technical Sperdfiations,Construction Drawings,Construction Quality Assurance(CQA)Plan,Manufacturer Guildlines for Flexamat installation,and any other guidelines/instructions provided by the Engineer. Ix Contractor shall submit Request for Additional Information(RAI)for elarifiations,if any,related to scope ofwork.items and/or quantities on the bid form,and any discrepancy in the bid documents during the bidding process. x Contractor to perform initial survey after subgmds preparation and a final survey after Flexamat installation.Contractor to provide as-built survey to the owner.The surveys shall be used for payment purposes and for verification orwork completion •As described in the Bid Evaluation letter,the original bid form issued to Comanco was later revised for quantities and for inclusion of mobilization/demobilization and surveying items.The total cost for Comanco represents the cost associated with the previous version of the bid form If Comanco's unit costs were applied to the estimated quantities on this revised bid form,the total cost would still exceed the total cost by Treasure Coast Construction Management and Golder Associates. 3/5/2013 loft N 00 Cal i ATTACHMENT 2 SECOND AMENDMENT TO CONTRACT AGREEMENT INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT INDIAN RIVER COUNTY, FLORIDA SOLID WASTE OPERATIONS AND MAINTENANCE This Second Amendment to Contract Agreement ("Amendment") is entered into this day of ("Effective Date") by and between INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, a dependent special district of Indian River County, Florida, whose address is c/o Department of Utility Services, 1801 27th Street Vero Beach, Florida 32960 (hereinafter referred to as the "District" or "SWDD"), and Republic Services of Florida, Limited Partnership whose address is 3905 Oslo Road, Vero Beach, FL 32968, (hereinafter referred to as the "Contractor"), for the services set forth herein. BACKGROUND RECITALS: WHEREAS, the District and the Contractor entered into that certain Contract Agreement, dated January 1, 2011, as amended by the First Amendment to Contract Agreement, dated February 7, 2012. (the Contract Agreement and amendment together with all contract documents appended thereto is hereinafter referred to as the "Contract"), which provides for the professional operation, management and post closure requirements of the Class 1 landfill at 1325 74th Avenue Southwest, Vero Beach, Florida (hereinafter "Landfill"); for the operation r.. and maintenance of the landfill GCCS; the operation and maintenance of the adjacent storm water management system and associated roads and the professional operation and management of the non-Class 1 landfill portions of the Indian River County Landfill site including but not limited to the management of the Municipal Recovery Facility (MRF), the Small Load Drop-off Area, the Waste Tire Facility, the Metal Storage Area, the Household Hazardous Waste (HHW) Facility, Clean Concrete Storage Area and other maintenance activities as well as the off-site activities associated with the operations and maintenance of the five customer convenience centers including transportation and disposal service for eight (8) specific locations, up to twenty (20) roadway cleanup projects, and up to twenty (20) special events; and WHEREAS, under the terms of the Contract, the Contractor, at SWDD's request and subject to mutually satisfactory negotiated terms and acceptable compensation, shall provide additional services in connection with the Indian River County Landfill and the customer convenience centers not included above and as required by SWDD; and WHEREAS, the parties desire to amend the Contract to provide for such additional services, NOW, THEREFORE, in consideration of these premises, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto,intending to be legally bound, covenant and agree to amend the Contract as follows: 286 1. The existing Article 1 — SCOPE OF WORK of the Contract is modified to include the following: LANDFILL ACCESS ROAD DITCH ENHANCEMENT. The Contractor shall undertake and complete the Landfill Access Road Ditch Enhancement project at the landfill based on Geosyntec's Project drawings, specifications, and bid form dated January 25, 2013. The Contractor is authorized to use the services of Golder Associates, Inc. as a subcontractor on the project. General Site Preparation • Mobilization/Demobilization • Initial/ Final Surveying • Stockpile Existing Check Dams • Subgrade Preparation Ditch Enhancement • Earthwork • Flexmat—material and installation • Geogrid • Install Stockpiled Check Dams • Sodding outside of Flexmat Areas 2. The existing Article 2—TERM OF CONTRACT is modified to include the following: iii) The Contractor shall be substantially completed with the Landfill Access Road Ditch Enhancement project at the landfill within 21 calendar days of notice to proceed. The Contractor shall be at final completion within 30 calendar days of notice to proceed. Any change in contract time shall be based on authorized and approved basis. 3. The existing Article 3—COMPENSATION of the Contract is modified to include the following: xiii) Payment for the Landfill Access Road Ditch Enhancement at the landfill will be $151,435.26 as provided in the proposal by Golder Associates, Inc. in Exhibit #1 plus the contingency fee and the management fee outlined below. The price does not include the following: • Costs for items, which are the subject of, approved change orders, per the 20% contingency. 287 • Contract Management costs/fees of 10% as agreed by the parties pursuant to the Contract. Such contract management costs/fees shall be paid to Contractor together with progress payments for the project. • The total payment to Contractor shall not to exceed $199,894.54. 4. The background recitals are true and correct and form a material part of the Amendment. 5. All terms and provisions of the Contract not amended by this Amendment shall be and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by their respective duly authorized officers as of the day and year first written above. Attest: (Owner) Jeffrey R. Smith, Clerk of Court and Solid Waste Disposal District Comptroller Indian River County, Florida By: Deputy Clerk Joseph E. Flescher, SWDD Chairman *•- Date Approved by SWDD: Approved By: Approved as to F nd Legal Sufficiency By: f ?osepoh-ae. Baird, County Administrator Alan S. P ich, Sr., County Attorney Signed,sealed, and delivered in the (Contractor) presence of: Republic Services of Florida, Limited Partnership Republic Services of Florida GP, Inc., its General Partner Print,Name: o Q5 v VC - Print Name: lJ>c�v : c _ �-%� 4�v t v cc. • Print Title: v ` Print Name: i 288 EXHIBIT 1 LANDFILL ACCESS ROAD DITCH ENHANCEMENT PROPOSAL BY GOLDER ASSOCIATES, INC. 289 oldie ssoc ates February 22, 2013 P23-82527 Mr.John Hartings Republic Services, Inc. 1327 74th Avenue SW Vero Beach, FL 32968 RE: INDIAN RIVER COUNTY LANDFILL ACCESS ROAD DITCH MODIFICATIONS VERO BEACH, FLORIDA Dear Mr. Hartings: Golder Associates Inc. (Golder) is pleased to present this proposal to provide construction services to Republic Services, Inc. (Republic) related to access road ditch modifications at the Indian River County Solid Waste Landfill. PROJECT UNDERSTANDING Golder's understanding of the project is based on drawings and technical specifications dated January 25, 2013, prepared by Geosyntec Consultants (Geosyntec), the scope of work as detailed on the Bid Form (dated January 25, 2013), and information gathered during a site visit conducted on February 20, 2013. In summary, the work consists of modifications to approximately 760 linear feet of ditch along the landfill access road, and will entail the following tasks: • Stockpiling existing check dams in the work area depicted on the construction drawings; • Subgrade preparation, including clearing and stripping of soils in the ditch work area; ® Removal of silt fence and siltation accumulated behind check dams along the ditch; ® Soils construction including importing fill for earthwork for establishing a trapezoidal cross section for the ditch; • Seeding the ditch cross section followed by installation of the Flexamat lining system using manufacturer's guidelines and specifications; ® Installation of check dams above the Flexamat lining system; ® Installation of sod outside the Flexamat lining; and ® Performing an initial and final as-built survey of the work. PERTINENT EXPERIENCE Golder's solid waste construction staff has knowledge and direct working experience at the Indian River County Landfill. In addition to this construction experience, Golder has extensive engineering and field operations experience in Florida, Georgia, Louisiana,Texas, Colorado and California. PROJECT STAFF Golder will use staff familiar with the operations at the Indian River County Landfill and the precautions associated with working at this facility. Those staff will include Michael J. Dickey, PE as the site Golder Associates Inc. 3730 Chamblee Tucker Road Atlanta,GA 30341 USA Tel: (770)496-1893 Fax: (770)934-9476 www.goider.com e® 40 Golder Associates:operations in Africa,Asia,Australasia,Europe,North America and South America Golder,Golder Associates and the GA globe design are trademarks of Golder Associates Corporation 290 Mr. John Hartings February 22, 2013 Republic Services Inc. 2 P23-82527 superintendent/project manager and Gabriel Brendel, project foreman and senior technician. Summaries of their experience can be provided upon request. PROJECT PRICING Golder's proposed pricing for the project is presented on the attached Bid Form. CLARIFICATIONS AND ASSUMPTIONS Golder's proposed pricing for the project is based on the requirements in the January 25, 2013 project documents and is subject to the following: 0 Strippings, debris, and trash, generated from ditch subgrade preparation activities will be stockpiled on site for future disposal/removal by others. 2 Geosyntec will act as the County's construction quality assurance (CQA) and quality control consultant. Quality control will be performed by Geosyntec at no charge to Golder. 0 The only plan required will be a Health and Safety plan. a No permits will be required to be provided by Golder. If it is determined that any permits are necessary, the County will be responsible for providing said permits prior to Golder's mobilization. ® Payment and performance bonds are not required for this project. N We have assumed that, because of the short duration of the project work, the field office, temporary water, electrical, telephone, sanitary and other temporary facilities described in the specifications will not be required and they are not included in our estimate and proposal. Golder looks forward to working with Republic on this project, and we trust that our proposal is responsive to your needs. If you need any additional clarification regarding our submittal, please contact Mike Dickey in our Jacksonville office, or David Knapp in our Atlanta office at your convenience. GOLDER ASSOCIATES INC. �r Michael J. Dickey, PE ADavid Knapp Senior Engineer Senior Landfill Gas System Consultant y Richard S. Keenan, PG Construction Division Leader and Principal cc: K. BaduTweneboah- Geosyntec Attachments Bid Form FN: G:\Proposals\P23\P23-82\P23-82527\Indian River Landfill Ditch Modification Proposal_mjd_car.docx it i r Golder S Indian River LandfiN Ditch Modification Propcsal_rnjd_car.docx €)Cl $� 291 -- Indian River County Please 1-1 Cell 1 Construction Vertical Expansian Access Road Ditch l odif cation BID FORA Fiexamat Lining Material Item Description Estimated Quantity Unit Unit Cost Cost (Note 1) 1 Mobilizatio»<lDenlob.ilization(Not to exceed 5%of Bid) 1 LS $7,571 36 17.571.76 2 Stockpile existing Check Dams(Note Tl) ' 1 LS $7,430.59 S7 X130.59 3 Subgrade Preparation(Note 111). 760 1f $26.40 S210,062.60 4 Earthwork(fill)(Note IV and V) S00 i cy $18.15 514,523;92 5 Flexarnat(Material and Installation)(Note VI) 1,400 sy $54.90 576,855.82 6 1 Geogr.id.(us ed to tie.2 rolls t f I'le.xarr.►at together) 1,400 sE - $5.31 $7,43.0.59 7 lInstall Stockpiled Check Darns I LS $7,430.59 $7,430.59 8 Sodding outside ofFlexamat(Note VU) 1.250 sv. $4.91 56.,141..99 9 Initial Survey and Final Survey(Note X) 1 LS 1 $33987.3.9 1 53,987.39 TOTAL $.151.,435.2.6 Notes:. Quantities preschted herein are estimated quantities and should be verified by Contractor.if quantities are found to be significautly di.f7ercnt. Contractor shall notiA-Construction prior to starting wort:.Quantities not.provided anis that firm a part of the work shall be `WmW' estimated and verified by Contractor and brought lir Engincer's auention.Payment shall be made..on surveyed and calculated quantities in accordance with theT'echnical Specifications. This item in-owes stockpiling check darns present in the.work area its shm}n on Dravwirg'_of 5.'Phis item shall also involve removal of silt 1.1 fence.acrd siltation accumulated behind the check tiaras within and outside(dovenstream)the work area.Please refer to Drawing 2 of 5. This item involves clearina?removal of over;_Town grass,rocks,sticks.routs,any trash,unsuitable soils etc.present within the ditch and III stripping of the unsuitable topsoil tin the work area.This litre item basically involves preparation of subgrade/existing ground prior to placement P the unpnrt fill on file landfill side slope;and on the access road side;slopes as shown on the C onstrue:tion Drawings This lint item invokes earths=fork associsrtcd witli constr•uctin f,the ditch cro::c section of 21-1:1 V slopes with depth of 15 ff.5°'dope up to the IV existing ground with slopes as indicated on the Construction Drawings.The actual quantity n,ay vary due to the on-site conditions.Contractor to provide a survey from toga of I?reparcd subgrade to top of fill for actual as-built quantity of 1111 utilised. i1artirieork quantities are in-place compacted quantities.Earthwork pay liens Include all Costs to haul,place,compact,and tirade V eenerallstruie tural fill. Contractor to('cllow construction guidelines from the manufacturer and any additional guidelines provided ny the enalneer for material and �1. iustalladon ofFleaarnat.Hem shrill involve application of seed prior to flexnmat installation.Fiexamat manufacturcrand construction notes are indicated on the Constxuclie,n Drdwings. Vtt This item involves sodding of the ditch from crest of flexanrat to crest of thee access road and the 5%bench on the landfill sideslope as shown on the Construction Drawin is. 1'ft1 This Bid Form is a part of the bid package that involves'rechnical Specifications.Con stu•uctiott..D)raw-irigs.Construction Quaht; ,assurance (C(IA)flan.Manufacturer Guiidlines fir Fiexamat instalta4on,and any otherprovided h, the Engineer. Contractor shall submit Request.for:additional hifbmiation(AI)fbr clarifications,if arty,related to sen.pe of kvork.items andlor quariluic,,on Lti thebid forni.and any discrepancy in alae bid documents daring the bidding process. Contractor to peri'orrn initial survey after sub<grade preparation and a Final survey after T'-lexamat insiar:lation.Contractor to provide as-built survey.to the owner.The surveys shall be used for payment purposes nerd for verificationof work completion l-`Z5.1292 '1iil i 1 "l. ' 2 9 2