HomeMy WebLinkAbout07/12/2016 (5) BOARD OF COUNTY
COMNIISSIONERS
VIE] INDIAN RIVER COUNTY, FLORIDA
OG COMMISSION AGENDA
JULY 12, 2016 - 9:00 A.M.
TUESDAY,
a�
* - * Commission Chambers
Indian River County Administration Complex
ORIS¢'
180127 1h Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
COUNTY COMMISSIONERS DISTRICT
Bob Solari,Chairman District 5 Jason E.Brown, County Administrator
Joseph E.Flescher,Vice Chairman District 2 Dylan Reingold, County Attorney
Wesley S.Davis District 1 Jeffrey R. Smith, Clerk of the Circuit
Peter D. O'Bryan District 4 Court and Comptroller
Tim Zorc District 3
1. CALL TO ORDER 9:00 A.M. PAGE
2. INVOCATION Stan Boling, Community Development Director
3. PLEDGE OF ALLEGIANCE Commissioner Peter D. O'Bryan
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
A. Presentation of Proclamation Designating the Week of July 17, 2016, as
Treasure Coast Waterway Cleanup Week in Indian River County 1
B. Presentation of Proclamation Designating the Month of July, 2016, As Parks
and Recreation Month 2
--------------------------------------------------------------------------------------------------------------------
July 12,2016 Page 1 of 8
5. PROCLAMATIONS and PRESENTATIONS PAGE
C. Presentation on Zika Virus by Doug Carlson, Director, Indian River
Mosquito Control District, John King, Director, Indian River County
Emergency Services, and Miranda Hawker, Administrator, Indian River
County Health Department------------------------------------------------------------------------- -----
6. APPROVAL OF MINUTES
A. Regular Meeting of June 7, 2016
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
A. Update—Sea Turtle Nesting Season—Halfway
__(memorandum dated July 6, 2016)
-------------------------------------------------------
---_____ 3 4
B. Indian River County Venue Event Calendar Review
5
--------------------------------------------------------------------------------------------------------------------
C. Sebastian River Improvement District — Proposed Budget for Fiscal Year
2016-2017 (October 1, 2016 to September 30, 2017), is on file in the Office
of the Clerk to the Board ----
--------------------------------------------------------------------------------------------------------------------
8. CONSENT AGENDA
A. Approval of Checks and Electronic Payments — June 24, 2016 to June 30,
2016
__(memorandum dated June 30, 2016) 6-13
--------------------------- --------------------------------------------------------------------
B. Carole Jean Jordan, Indian River County Tax Collector, Errors and
Insolvencies Report for the 2015 Tax Roll
__(letter dated July 5, 2016) 14-26
---------------------------------------------------------------------------------
C. Authorization to Attend Treasure Coast Chapter of FGFOA Quarterly
Meeting and Seminar
--(memorandum dated July 5, 2016) 27
-----------------------------------------------------------------------
D. 2017 Holiday Schedule
--(memorandum-dated July 1, 2016)----------------------------------------------------------------- 28
E. Work Order No. 1 with Carollo Engineers, Inc., for Manhole Rehabilitation
at Ixora Park Subdivision
__(memorandum-dated June-2-1,-2016) 29-33
- ------------- - -- ------ --------------------------------------------------------------------
July 15,2016 Page 2 of 8
8. CONSENT AGENDA PAGE
F. West Wabasso Phase II Sewer and the East Gifford Drainage Project —
CDBG Grant: Resolution for Signature Authorization
__(memorandum-dated June-2-2,-2016)
- ------------- - -- ------ -----------------------------------------------------
___ 34-36
G. Approval of Award for Bid 2016031 — South County WTP Well Number 7,
Well, Wellhead and Appurtenances and Floridan Aquifer Wells Rehab
Project
__(memorandum dated June 30, 2016) 37-48
- - --------------------------------------------------------------------
H. Authorization for Out-of-County Travel to Attend the 30`h Annual
Environmental Permitting Summer School
__(memorandum dated July 5, 2016) 49-69
-----------------------------------------------------------------------
I. Approval to Cover Costs Affiliated with Louisiana Ave Force Main
__(memorandum dated July 1, 2016) 70
----------------------------------------------------------------------
J. Work Order No. 3 with MBV Engineering, Inc. for the South County Waste
Water Treatment Facility FDEP operating permit renewal
-_(memorandum dated July 2, 2016) 71-78
----------------------------------------------------------------------
K. Miscellaneous Budget Amendment 022
__(memorandum dated July 6, 2016) 79-81_
-------------------------------------------------------
L. Approval of Award for Bid 2016032 — South County WTP Well No. 7 Raw
Water Pipeline
(memorandum dated June-3-0,2016)----------------------------------------------------------- 82-93
-- -------------------------------
M. Recommendation of Award for RFP No. 2016024 — Round Island Riverside
Park Boardwalk Replacement
(memorandum dated June-3-0 2016) 94-105
-- ------------------------------- --------------------------------------------------------------------
N. Recommendation of Award for RFP No. 2016042 — Automated Teller
Machine Services
__(memorandum dated June-3-0,2016)________________________________________________________ 106-110
--------------- - - ------
O. Letter to US Representative Lois Frankel regarding Sand for Federal Beach
Nourishment Projects
__(memorandum dated July-1,2016)---------------- 111-116
------------------------------------------------------
P. Approval of State Sovereignty Submerged Lands Fee Waived Lease 5-Year
Renewal for the Archie Smith Fish House
__(memorandum dated July 5, 2016) 117-137
----------------------------------------------------------------------
Q. Approval to Use Invoice Cloud for Merchant Services
(memorandum dated July 5, 2016) 138-169
July 15,2016 Page 3 of 8
8. CONSENT AGENDA PAGE
R. Request for Ratification, Florida Department of Law Enforcement, FY
2016/2017 Edward Byrne Memorial Justice Assistance Grant (JAG)
Program
--(memorandum-dated July 6, 2016)---- 170-174
------------------------------------------------------------------
S. Sea Turtle Education Grant"Florida Traveling Turtles"
__(memorandum dated July 6, 2016) 175-204
----------------------------------------------------------------------
T. Approval of 2016/2017 State Funded Subgrant Agreement to Update Indian
River County's Hazards Analysis
__(memorandum dated June-2-3,-2016) 205-241
--------------- - -- ------ ---------------------------------------------------------
U. Approval of Award for Bid 2016037 — Headworks Screen and Compaction
Equipment Refurbishment
_(memorandum dated July 1, 2016) 242-250
----------------------------------------------------------------------
V. Harmony Reserve, LLC's Request for Final Plat Approval for Harmony
Reserve PD Phase 1 B
__(memorandum dated July 6, 2016)-- _-__ 251-259
---------------------------------------
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
1. 2nd Street Petition Millings Project (35`h Avenue to 32nd Avenue)
Cancellation of Project
(memorandum-dated-July 1,_2016) 260-265
------------------------------------------------------------
Legislative
B. PUBLIC DISCUSSION ITEMS
None
C. PUBLIC NOTICE ITEMS
None
11. COUNTY ADMINISTRATOR MATTERS
None
July 15,2016 Page 4 of 8
12. DEPARTMENTAL MATTERS PAGE
A. Communitv Development
None
B. Emergencv Services
None
C. General Services
None
1, Human Services
None
2, Sandridge Golf Club
None
3, Recreation
None
D. Human Resources
None
E. Office of Management and Budget
1. Email Addresses and Contact Information Published on County
Website
_(memorandum dated July 12,_2016) ..............................................266-268_
F. Public Works
1. Award of Bid No. 2016019 IRC Go-Line Transfer Hub, 16th Street,
Vero Beach
__(memorandum dated June 30, 2016) 269-282
------------------------- -
2. Fellsmere Unmaintained Unpaved Roadways
__(memorandum dated July 5, 2016)_______________________________________________ 283-286-
G, Utilities Services
None
July 15,2016 Page 5 of 8
13. COUNTY ATTORNEY MATTERS PAGE
A. Demolition Lien—Lot 1, Albrecht Grove Subdivision
(memorandum dated
June-2-7,-2016)-------- ____287-290
-------------------------------------------
B. Disposition of Real Property
__(memorandum dated July ,2016)............................................. 291-294
C. Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant
Program
__(memorandum dated July 5, 2016)-----------------------------------------------------------295-339
------------
D. County Business Between July 13, 2016 and August 15, 2016
__(memorandum dated July 6, 2016)____ ___________________________340_
--------------------------------
14. COMMISSIONERS MATTERS
A. Commissioner Bob Solari, Chairman
1. Pinson Subdivision and County Water
__(memorandum_dated July 6, 2016)------------------------------------------------341-343
------------
B. Commissioner Joseuh E. Flescher. Vice Chairman
1. Review of County-Policy on Tire Disposal at Convenience Centers
__(memorandum dated July 6, 2016) 344
-----------------------------------------------------------
C, Commissioner Wesley S.Davis
1. Sebastian Grove Estates/Maerz Property Hiatus
__(memorandum dated July 6, 2 06) 345-353
2. Letter of Support for Treasure Coast Community Health
(memorandum dated July 6, 2016) 354-355
------------------------------------------------------------
D. Commissioner Peter D. O'Bryan
1. Poet Laureate Designation
__(memorandum_dated July 5, 2016) 356-358
------------------------------------------------------------
E, Commissioner Tim Zorc
1. Economic Opportunities in the SR 60 Corridor
__(memorandum dated July 1, 2016 July 359-360
- - - - - ------------
2. Zika Virus Precautions for Indian River County
_(memorandum_dated July 5, 2016)_________________________________ ___________________3-6-1--
July
61_July 15,2016 Page 6 of 8
14. COMMISSIONERS MATTERS PAGE
E. Commissioner Tim Zorc
3. Road Maintenance for Vh Street
__(memorandum dated July 5,m 2016)_ ___________ 362-363
-------------------------------------------
15. SPECIAL DISTRICTS AND BOARDS
A. Emer2encv Services District
None
B. Solid Waste Disposal District
1. Approval of Minutes Meeting of May 17, 2016
(memorandum dated June 30, 2016)
2. Final Pay to SCS Engineers for Work Order No. 3 for the New
Household Hazardous Waste and Citizen Drop-Off Center
(memorandu- - m-dated June-3-0,2016)--------------------------------------------- 364-374
-- ------- --- ----- ---------- -- - -
C. Environmental Control Board
None
16. ADJOURNMENT
Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board
shall provide an opportunity for public comment prior to the undertaking by the Board of any action on
the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any
proposition which the Board is to take action which was either not on the Board agenda or distributed to
the public prior to the commencement of the meeting.
Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure
that a verbatim record of the proceedings is made which includes the testimony and evidence upon
which the appeal will be based.
Anyone who needs a special accommodation for this meeting may contact the County's Americans with
Disabilities Act(ADA) Coordinator at(772) 226-1223 at least 48 hours in advance of meeting.
Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of
County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting.
The full agenda is available on line at the Indian River County Website at www.ircgov.com The full
agenda is also available for review in the Board of County Commission Office, the Indian River County
Main Library, and the North County Library.
July 15,2016 Page 7 of 8
Commission Meeting may be broadcast live by Comcast Cable Channel 27
Rebroadcasts continuously with the following proposed schedule:
Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m.,
Wednesday at 9:00 a.m. until 5:00 p.m.,
Thursday at 1:00 p.m. through Friday Morning,
and Saturday at 12:00 Noon to 5:00 p.m.
July 15,2016 Page 8 of 8
PROCLAMATION
s4
DESIGNATING THE WEEK OF JULY 17, 2016, AS
TREASURE COAST WATERWAY CLEANUP WEEK
IN INDIAN RIVER COUNTY
WHEREAS, on Saturday, July 23, 2016, the Marine Industries Association of the Treasure
Coast in conjunction with the Florida Inland Navigation District will conduct the 9- Annual Treasure
Coast Waterway Cleanup; and
WHEREAS, this event will attract approximately 950 volunteers who will participate in cleaning
up the waterways of Indian River, Martin, and St. Lucie Counties; and
WHEREAS, twenty designated sites throughout the three counties will serve as registration
and disposal sites for the volunteers to work out of; and
WHEREAS, numerous waterfront homeowners' associations have been recruited to clean up
their own waterfronts; and
WHEREAS, in 2015, over 7.9 tons of trash was collected from approximately 125 miles of
waterways with an expectation of a significantly larger amount to be collected this year with an
increased volunteer effort.
NOW THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS, INDIAN RIVER COUNTY, that the week of July 17, 2016, through July 24, 2016,
be designated as TREASURE COAST WATERWAY CLEANUP WEEK in Indian River County, and
all citizens are encouraged to use this occasion to foster appreciation for the Treasure Coast
Waterways and assist in the cleanup efforts.
Adopted this 12th day of July, 2016. BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Bob olan, Chair an
r
;0 J seph . Flescher, Vice Chairman
01
y S. Davis
Peter D. O'Bryan
Tim or
IL1
PROCLAMATION �
DESIGNATING THE MONTH OF JULY, 2016, AS
PARKS AND RECREATION MONTH
WHEREAS, Park and Recreation Month was established in 1985 and celebrates its 3111 year state and
nationwide, and
WHEREAS, passive and active recreation in Indian River County significantly enhances the quality of life
for its residents and visitors, and
WHEREAS, active recreation builds teamwork, self-esteem, comradery, life-skills, and contributes to a
healthy mind, body, and spirit, and
WHEREAS, passive recreation nourishes a love of the outdoors, provides an appreciation of the natural
environment, and contributes to a healthy community and economy; and
WHEREAS, county parks and conservation areas preserve the ecological beauty of our community,
improve water quality, protect groundwater, prevent flooding, improve air quality, are aesthetically pleasing,
and provide open green space for people, and valuable habitat for wildlife, and
WHEREAS, Indian River County is fortunate to have many beautiful parks, playgrounds, ball fields, golf
courses, swimming facilities, nature trails, beaches, and open spaces which make our community a more
attractive and desirable place to live, work, and play, as well as contributing to our ongoing economic vitality
through increased property values, increased tourism, attraction of visitors, and recreational events, and
WHEREAS, Indian River County Recreation Department provides a variety of recreation programs
including water safety, swimming lessons, baseball, softball, football, cheerleading, summer camps, and
special events, and
WHEREAS, parks and recreation agencies, as a whole, touch the lives of individuals, families, groups, and
the community, creating a positive impact through connecting people, protecting the environment, reducing
crime, and providing healthy recreational activities
NOW, THEREFORE BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, that the Board designates July as Parks and Recreation Month, and
encourages all citizens to celebrate by participating in the diverse activities offered through the many facilities
and places provided to the residents and visitors by way of the Indian River County Recreation Department,
Indian River County Shooting Range, Sandridge Golf Course, Gifford Aquatic Center, North County Aquatic
Center and any of the Indian River County Parks and Conservation Areas open to the public
Adopted this the 12'h day of July, 2016 BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
V, _ Bob Solari, Chairman
IM L7,_2Joseph E Flescher, Vice Chairman
Wesley S Davis
Peter D O'Bryan
Tim Zorc
IL
2
RECEIVED AT IRC-GCC MEETING
c,OUNTy Date
RE Cir-FIEF Item#
o Buddy Emerson
ton a
` 5160 N.W.Milner Drive a Port St.Lucie,Florida 34983 ByDeputy C Terk
�FDISI F`�C Tel: (772)621-3312 ^ Fax: (772)621-3600
bemerson@slcfd.org o www.slcfd.com
January 7,2016
Alex Vohr,AVP
Operating Policy&Procedures
Florida East Coast Railway
7411 Fullerton Street, Suite 300
Jacksonville,FL 32256
RE: Informational Meeting held at the St.Lucie County Fire District—November 12,2015
Dear Mr. Vohr,
Thank you for taking the time to meet with our staff concerning FECR's plan to use LNG as a fuel source for
its locomotives in the near future. Although we are aware of numerous ventures involving rail that will
certainly spur economic development in the State,what is often taken for granted from our local public
safety perspective is that those endeavors require considerable preparations on our part. After all,we are the
ones who will be responding to any emergencies along more than 20 miles of FEC rail passing through our
jurisdiction. With few exceptions, every proposed railway operational change, including the use of more
economical and cleaner burning LNG, necessitates changes in first responder capabilities and tactics in order
to mitigate potential problems.
As proud as I am of our organization,our firefighters, and our capabilities to handle the vast majority of
emergencies that occur in St.Lucie County, I must admit that we have concerns regarding the increased use
and transportation of LNG by rail,the increased freight traffic containing all kinds of hazards in volumes we
may not be accustomed to, and passenger traffic along the FEC railway which we have never had to deal
with before. It troubles me to say it, but we are simply not adequately prepared for these changes.
Though you were here to provide information on the new locomotives and LNG tenders and listen to what
we had to say about that topic, I asked for much more during the meeting. What I said is that we need a
strategic partner in FECR, or public/private partnerships with FECR,New Fortress Energy,and others,to
help us prepare for what's coming. In summary,we need:
• Advanced railway operations emergency training for our hazardous materials and special operations
teams.
• Proper equipment to handle and/or contain chemical spills, including LNG and other substances.
• A centralized Fire/EMS station in a location capable of housing a combined Special Operations and
Hazardous Materials team so they can respond quickly and effectively to rail emergencies.
Railway operations training for all our firefighters so they become familiar with what they may encounter
when attempting to mitigate an emergency involving any type of rail car(locomotive,tender,tanker,etc.).
• Passenger service/operations familiarization training so that we can prepare for the worst case mass
casualty/derailment emergency.
• Resource planning/assistance so that our Standard Operating Guidelines and procedures adequately
address your needs.
L-1
This list is not meant to be all inclusive. It is just a sampling of the preparations we believe would be
necessary to address potential emergencies that may occur as railway transportation increases. Please keep
in mind that,though we always hope for the best,we are obligated to plan and prepare for the worst case
scenario no matter how unlikely.
I want to assure you that the St. Lucie County Fire District is willing to work with you to provide a quality
service to our community and those who transit through it. We need your help to be successful in our mutual
endeavors. If you would kindly pass this information on to the management of FECR, we would greatly
appreciate your response.
Sincerely,
Buddy Emerson
Fire Chief
Cc: Nick Mimms,Fort Pierce City Manager
Jeffrey Bremer, Port St. Lucie City Manager
Howard Tipton, St. Lucie County Administrator
1Z
7/13/2016
Zi ka Update
-
Miranda Hawker
Florida Department of Health in Indian River
Doug Carlson
Indian River Mosquito Control District
John King
Indian River County Dept. of Emergency Services
sQ `��e �9 �� s HEALTH
VETO Co �FNCy 9�P Indian Rim Comty
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Zika Virus
• Flavivirus
• Originally identified in Africa and Southeast Asia
• First identified in Uganda's Zika Forest in 1947
• Outbreaks since 2007
• Spread by the same mosquito species as dengue,
chikungunya and yellow fever
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7/13/2016
Transmission
• Mosquito bite —Aedes aegypti, Aedes albopictus
• Sexual transmission
• Transmission in the womb and at the time of birth
• Blood transfusion
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Symptom Comparison
Zika Dengue* Chikungunya
Birth defects Potentially fatal Joint pain which can
Guillain-Barra Syndrome Hemorrhagic shock last for years
• Fever • Fever • Fever
• Headache • Headache • Headache
• Joint pain • Joint pain • Joint pain
• Muscle pain • Muscle pain • Muscle pain
• Heat rash • Heat rash Heat rash
• Nausea &vomiting • Nausea &vomiting Nausea
• Conjunctivitis • Pain behind eyes Conjunctivitis
(red eyes) (red eyes)
*Additional symptoms for dengue hemorrhagic fever and dengue shock syndrome
2
7/13/2016
Birth Defects Linked to Zika
• Microcephaly (decreased brain tissue)
• Calcium deposits
• Excess fluid
• Absent or poorly formed brain structures
• Abnormal eye development
• Fetal Brain Disruption Sequence
Countries & Territories in the Americas
with Active Zika Virus Transmission
Reported active iransmissfon
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Source:CDC,June 30,2016
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7/13/2016
Current Status
• To date no locally acquired Zika cases have been
reported in Florida or the continental U.S.
• United States
• 1132 travel-associated cases (07/06/16 CDC)
• US Territories
• 2526 locally acquired cases in US Territories
(07/06/16 CDC)
Zika Travel-Related Cases by County, Florida
' Coun Usesp
Alachua' II July 8, 2016
Brevard: d
Broward' 37 _
Chadotte: 1 t _
Citrus: 2
Clay. 2 1 '6'...
Collier. 3 2. .
Oval; 5 2
Escambia= 1 d .�
Highlands: i
Kllsborough6 - .2-
Lakei 1 2--
Lee.
.lee. 6 .9
Mart(ns i :2t
Miami-Dade 72 __ - 10 II
Okaloosa. 1
Orange= 21 -_
Oso'Ola 10 -
PalmBeach; 12
Pasco: d
Pinellas. 6
Polk: 6
Santa Rosa: 1
Seminole 9 . 3.- _-31—
St.Johns, 2
volusla=12 '72
Total cases not involving 220
pregnant women:
Cases in pregnant women: II3
regardless of symptoms, +,r
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7/13/2016
Response to Zika Virus
• Communication
• Surveillance
• Lab testing
• Vector control
• Outreach to pregnant women
• Blood supply safety
t:enrenfor DrsemeControlorldPrevention
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NRIM MOSQUITOESt MOSQUITOES
Malydity and Mortality Vhekly Repot "�",F_ —
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Vital Signs:Preparing for Local Mosquito-Borne Transmission of Zika Virus— IF R`==E �— 'E' p
United States,2016
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With defects&Zika.
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• Dump and Drain water
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Florida
Deparrtaent Mosquitoes that spread Zika
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and use mosquito repellant
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Aedes aegypti
Only two Florida
"Yellow fever mosquito"
4
mosquito species can
transmit Zika, dengue or
chikungunya viruses!
Virus transmission
cycle
Aedes albopktus
'Asian tiger mosquito"
i.
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Mosquitoes that transmit Zika, dengue and chikungunya viruses
come from water sources like this...
6
7/13/2016
or like this...
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Mosquitoes that transmit Zika, dengue and
chikungunya viruses never lay their eggs in
"standing water” on the ground!
Water in ditches, marshes, ponds or canals
is irrelevant to Zika, dengue, or chikungunya
transmission.
Artificial and natural containers are the
only sources of concern.
1 . � 7
7/13/2016
Characteristics of mosquitoes transmitting
Zika, dengue or chikungunya viruses
• Aggressive day-time biters
• Aquatic stages in artificial containers, bromeliads,
treeholes
• Short flight-range; adults stay close to hatching site
Control of mosquitoes transmitting
Zika, dengue or chikungunya viruses
• Control of adults is a problem (these mosquitoes are not
flying at night when spraying is most common)
• Targeted spraying around infested residences can help
• Elimination of container habitats around homes and work
places is the only truly effective control measure!
Success in controlling local transmission of
Zika, dengue or chikungunya viruses is
dependent on community participation
to remove mosquito-producing containers
from homes and workplaces.
Mosq �O�PN A/�� ntrol agencies and local health
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Date:Wednesday,July 6,2016
Time:9:00 am-3:00 pm
Lunch Provided 6
Location:
Indian River County
Emergency Operations Center -,
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Vero Beach,FL 32967 >� —�
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INDIAN RIVER COUNTY, FLORIDA PUBLIC NOTICE
BOARD MEMORANDUM (INFORMATIONAL
TO: Jason E. Brown, County Administrator
THROUGH: Richard B. Szpyrka, P.E., Public Works Director
THROUGH: James D. Gray,Jr., Coastal Engineer J
FROM: Kendra L. Cope, M.S., Environmental Specialist
SUBJECT: UPDATE—Sea Turtle Nesting Season - Halfway
DATE: July 6, 2016
RE UEST
It is requested that the following information be given formal consideration by the Board of
County Commissioners during the regularly scheduled meeting on July 12, 2016.
This is an announcement to inform the residents of Indian River County about the successful
loggerhead sea turtle nesting season the county has been experiencing as well as a new upcoming
educational event based around sea turtles.Additional information on upcoming event dates can
be found on County. Coastal Facebook page: IRC Coastal and on the County website
www.ircgov.com/coastal.
DESCRIPTION AND CONDITIONS
Indian River County is home to 3 species of nesting sea turtles (Loggerhead, Green, and
Leatherback). In 2004, the County implemented a Habitat Conservation Plan (HCP) in order to
establish a framework for sea turtle conservation in Indian River County through daily nesting
surveys, nest protection during emergency shoreline protection construction, management of
predator impacts, implementing programs to reduce human impacts, and local education. More
specifically,to better understand and integrate protection measures, the county's objectives for
protecting turtles on the beach are as follows; record the location of every turtle crawl on the
beach from the previous night, mark off a sample of nests to determine hatching success and for
educational programs, and record all impacts to nests including nest predations,tidal over wash
and human impacts. Sea turtles are long-lived species and take up to 25-30 years to become
mature adults. Long-term monitoring is vital to the understanding of their populations.
This is the 12th year of county-wide monitoring since the HCP program was implemented. Data
collected over these years has helped the county protect nests during beach construction
projects, decrease the number of nests effected by raccoons, and identify key areas impacting
hatchling survival from artificial beachfront lights.
F:\Public Works\Kendra Cope\Public Presentations and Meetings\Commission Meeting Items\Informational
Item\Sea Turtle Nesting_6_30_2016_Public Notice Informational BOCC Agenda Item—Final Rev i.docx 3
Page 2
BCC Agenda Item
Update Sea Turtle Nesting Season - Halfway
July 6, 2016
Annually, sea turtle nesting season in Indian River County is between March 111 and October 311t.
As of this year nest monitoring in Indian River County (SIRC) is on track to surpass the record
loggerhead nesting year in 2012. We are only 500 nests short of the total loggerhead nests laid
by mid-July in 2012. If the nesting trend continues as is,we will have another record nesting year.
The 2016 sea turtle nesting activity through June 30, 2016 is as follows:
• Loggerhead —4,521 nests
• Green —40 nests
• Leatherback—33 nest
In addition to the traditional sea turtle educational programs under the HCP, this year staff has
created a new educational event for residents to learn more about our local sea turtles and our
program. This new event is calledrTurtle Digs". Turtle digs provide an opportunity for the public
to Witness how sea turtle reproductive success is evaluated. Throughout the nesting season
specific sea turtle nests will be monitored and 3 days after the nest hatches County sea turtle
staff will invite the public to watch the excavation of the nest. Additional information on dates
and locations of the Turtle Digs can be found on the coastal FB page (@IRCcoastal), the County
website www.ircgov.com/coastal or by contacting Kendra Cope.
RECOMMENDATION
The recommendation of staff is to include the above Indian River Approved Date
referenced public meeting notice on the July 12,2016 County
Board of County Commission Agenda. .7161,(
Administration
APPROVED AGENDA ITEM Budget 6�6�
Legal
FOR: JULv 12 2016
Public Works
��
By: c, Coastal Eng.
Division JDG1316ilk]
F:\Public Works\Kendra Cope\Public Presentations and Meetings\Commission Meeting Item s\Informational
Item\Sea Turtle Nesting_6_30_2016_Public Notice Informational BOCC Agenda Item—Final Rev 1.docx 4
z
000'
Indian River County Venue Event Calendar Review
For more information go to www.ircgov.com -Event Calendar
Adult/Child Golf Championship
July 23 @ Sandridge:
• 8am -Shotgun Start
• $70.00 per team. Includes: range balls, golf, tee gift, lunch and prizes.
Treasure Coast Junior Golf Tour Championship
July 30 @ Sandridge:
• 8am Tee Times
• Starting at$80 per child. Includes: all 7 events,golf shirt and a golf hat.
Discounts for siblings
19th Annual Father/Son Golf Championship
August 13-14 @ Sandridge:
• 8am Shotgun Start both days
•$250.00 per team. Includes: range balls- both days,golf, tee gift,prizes,
continental breakfast& lunch, also both days.
iG Center Ribbon Cutting Ceremony
August 17 @ iG Center(IRC Intergenerational Recreation Center)
• Invitations and details to follow
•Open to the Public
Special Olympics Area 6 Swim Meet
August 20-21 @ NCAC(North County Aquatic Center):
• LOOKING FOR VOLUNTEERS-Call 772 581-7665
• 8am-2pm both days
• FREE EVENT& OPEN to the Public
5
' (, A-
JEFFREY R. SMITH, CPA, CGFO, CGMA
Clerk of Circuit Court&Comptroller
Finance Department
1801 27th Street
Vero Beach, FL 32960 'a..a•'
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
FROM: DIANE BERNARDO, FINANCE DIRECTOR
THRU: JEFFREY R. SMITH, COMPTROLLER
DATE: June 30, 2016
SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS
June 24, 2016 to June 30, 2016
In compliance with Chapter 136.06, Florida Statutes, all 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 lists of checks and electronic payments, issued by the
Comptroller's office, for the time period of June 24, 2016 to June 30, 2016.
Attachment:
DLB: DB
6
CHECKS WRITTEN
TRANS NBR DATE VENDOR AMOUNT
341080 06/24/2016 PAUL CARONE 2,575.00
341081 06/24/2016 LINDSEY GARDENS LTD 423.00
341082 06/24/2016 PINNACLE GROVE LTD 407.00
341083 06/24/2016 VERO CLUB PARTNERS LTD 556.00
341084 06/24/2016 DAVID SPARKS 388.00
341085 06/24/2016 THE PALMS AT VERO BEACH 475.00
341086 06/24/2016 ED SCHLITT LC 560.00
341087 06/24/2016 ROBERT L SAMMONS 764.00
341088 06/24/2016 ARTHUR PRUETT 409.00
341089 06/24/2016 LUCY B HENDRICKS 573.00
341090 06/24/2016 SYLVESTER MC INTOSH 915.00
341091 06/24/2016 PAULA WHIDDON 553.00
341092 06/24/2016 COURTYARD VILLAS OF VERO LLC 56000
341093 06/24/2016 LINDSEY GARDENS 11 LTD 596.00
341094 06/24/2016 MISS INC OF THE TREASURE COAST 2,309.00
341095 06/24/2016 DANIEL CORY MARTIN 2,116.00
341096 06/24/2016 CRAIG LOPES 392.00
341097 06/24/2016 MARK BAER 7,179 00
341098 06/24/2016 ROBERT J GORMAN 424.00
341099 06/24/2016 JUAN CHAVES 700.00
341100 06/24/2016 REID REALTY 506.00
341101 06/24/2016 H&H SHADOWBROOK LLC 559.00
341102 06/24/2016 HUMAYUN SHAREEF 667.00
341103 06/24/2016 NKW-CL LLC 1,175.00
341104 06/24/2016 VERO BEACH PLACE LLC 4,237.00
341105 06/24/2016 FLORIDA GOVERNMENT FINANCE 40.00
341106 06/24/2016 RIVERFRONT HOTEL LLC 330.00
341107 06/30/2016 CLEMENTS PEST CONTROL 615.00
341108 06/30/2016 PORT CONSOLIDATED INC 35,258.51
341109 06/30/2016 JORDAN MOWER INC 482.46
341110 06/30/2016 TEN-8 FIRE EQUIPMENT INC 266.70
341111 06/30/2016 RANGER CONSTRUCTION IND INC 410.72
341112 06/30/2016 CHISHOLM CORP OF VERO 42040
341113 06/30/2016 STEWART MATERIALS INC 1,263.90
341114 06/30/2016 AT&T WIRELESS 361.32
341115 06/30/2016 AT&T WIRELESS 1,185.20
341116 06/30/2016 E-Z BREW COFFEE& BOTTLE WATER SVC 122.36
341117 06/30/2016 KELLY TRACTOR CO 1,259.52
341118 06/30/2016 SAFETY KLEEN SYSTEMS INC 471 11
341119 06/30/2016 GAYLORD BROTHERS INC 159.45
341120 06/30/2016 HACH CO 213.69
341121 06/30/2016 MARK W HILL 187.00
341122 06/30/2016 PHYSIO CONTROL INC 1,107.36
341123 06/30/2016 KSM ENGINEERING&TESTING INC 130.00
341124 06/30/2016 HD SUPPLY WATERWORKS, LTD 10,500 00
341125 06/30/2016 BOUND TREE MEDICAL LLC 273.99
341126 06/30/2016 PETES CONCRETE 700.00
34'1127 06/30/2016 VERO FURNITURE MART 89400
341128 06/30/2016 EXPRESS REEL GRINDING INC 4,000.00
341129 06/30/2016 TIRESOLES OF BROWARD INC 1,026.13
341130 06/30/2016 BFS RETAIL OPERATIONS LLC 1,317.74
341131 06/30/2016 XEROX CORP SUPPLIES 233.46
341132 06/30/2016 GOODYEAR AUTO SERVICE CENTER 7,203.44
341133 06/30/2016 BAKER&TAYLOR INC 4,404.45
341134 06/30/2016 MIDWEST TAPE LLC 426.39
341135 06/30/2016 PRIZE POSSESSIONS 720.86
341136 06/30/2016 MWI CORP 200.01
341137 06/30/2016 PRECISION CONTRACTING SERVICES INC 33,172.62
1 7
TRANS NBR DATE VENDOR AMOUNT
341138 06/30/2016 MICROMARKETING LLC 240.86
341139 06/30/2016 CENGAGE LEARNING CORPORATION 1,623.14
341140 06/30/2016 PALM TRUCK CENTERS INC 638.76
341141 06/30/2016 SUNSHINE SAFETY COUNCIL INC 489.00
341142 06/30/2016 GREENE INVESTMENT PARTNERSHIP LTD 3,426.04
341143 06/30/2016 CREATIVE CHOICE HOMES XVI LTD 498.00
341144 06/30/2016 CREATIVE CHOICE HOMES XVI LTD 193.00
341145 06/30/2016 PST SERVICES INC 42,403.45
341146 06/30/2016 CLERK OF CIRCUIT COURT 1,807.30
341147 06/30/2016 INDIAN RIVER COUNTY HEALTH DEPT 46,770.58
341148 06/30/2016 MEDICAL EXAMINERS OFFICE 27,016.58
341149 06/30/2016 VICTIM ASSISTANCE PROGRAM 5,568.58
341150 06/30/2016 ROGER J NICOSIA 1,500.00
341151 06/30/2016 CITY OF VERO BEACH 8,344.52
341152 06/30/2016 CITY OF VERO BEACH 2,056.33
341153 06/30/2016 CITY OF VERO BEACH 11,612.50
341154 06/30/2016 INDIAN RIVER ALL FAB INC 1,321.99
341155 06/30/2016 FLORIDA DEPARTMENT OF BUSINESS AND 25900
341156 06/30/2016 JANITORIAL DEPOT OF AMERICA INC 408 57
341157 06/30/2016 TREASURE COAST HOMELESS SERVICES 23,802.00
341158 06/30/2016 PUBLIX SUPERMARKETS 58.99
341159 06/30/2016 PUBLIX SUPERMARKETS 6.95
341160 06/30/2016 ARTHUR J GALLAGHER RISK MGMT SERV INC 2,13600
341161 06/30/2016 FLORIDA DEPT OF AGRICULTURE AND 1,485.00
341162 _ 06/30/2016 ACUSHNET COMPANY 3,820.57
341163 06/30/2016 NYE LTD 1,300.00
341164 06/30/2016 GEOSYNTEC CONSULTANTS INC 1,761.31
341165 06/30/2016 ELIZABETH MARTIN 97.01
341166 06/30/2016 FLORIDA FIRE CHIEFS ASSOCIATION 95.00
341167 06/30/2016 FLORIDA FIRE CHIEFS ASSOCIATION 95.00
341168 06/30/2016 LITTER GITTER INC 162.00
341169 06/30/2016 DON LAWLESS 120.00
341170 06/30/2016 FLORIDA POWER AND LIGHT 98,343.54
341171 06/30/2016 FLORIDA POWER AND LIGHT 545.50
341172 06/30/2016 FLORIDA DEPARTMENT OF STATE 45.36
341173 06/30/2016 FLORIDA BLUE 408.41
341174 06/30/2016 GIFFORD YOUTH ACHIEVEMENT CENTER INC 2,500.00
341175 06/30/2016 NEW HORIZONS OF THE TREASURE COAST 23,461.75
341176 06/30/2016 STRUNK FUNERAL HOMES&CREMATORY 425.00
341177 06/30/2016 MEDICARE PART B FINANCIAL SERVICES 726.38
341178 06/30/2016 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 75.00
341179 06/30/2016 SHERILEE D PARSELL 39.60
341180 06/30/2016 TREASURE COAST SPORTS COMMISSION INC 17,175.54
341181 06/30/2016 BUILDING OFFICIALS ASSOC OF FLORIDA 245.00
341182 06/30/2016 SUNSHINE LAND DESIGN 34,120 64
341183 06/30/2016 ETTA LOPRESTI 243.10
341184 06/30/2016 AARP INSURANCE 88.44
341185 06/30/2016 UNITED HEALTH CARE INS COMPANY 314.20
341186 06/30/2016 GERALD A YOUNG SR 120.00
341187 06/30/2016 GIFFORD COMMUNITY CENTER 4,956.70
341188 06/30/2016 ALAN C KAUFFMANN 200.00
341189 06/30/2016 THE FLORIDA BAR 300.00
341190 06/30/2016 DORIS E ROY 78.99
341191 06/30/2016 IDEA GARDEN ADVERTISING 150.00
341192 06/30/2016 INDIAN RIVER COUNTY BAR ASSOCIATION INC 100.00
341193 06/30/2016 HUMANA 137.81
341194 06/30/2016 FLORIDA SURVEYING & MAPPING 395.00
341195 06/30/2016 MICHAEL QUIGLEY 290.00
341196 06/30/2016 THE AVANTI COMPANY INC 3,062.72
341197 06/30/2016 RUSSELL PAYNE INC 1,118.25
2 $
TRANS NBR DATE VENDOR AMOUNT
341198 06/30/2016 SCOTT MCADAM 8400
341199 06/30/2016 RACHEL IVEY 8200
341200 06/30/2016 VAN WAL INC 10.00
341201 06/30/2016 JOSEPH W VASQUEZ 180.00
341202 06/30/2016 JOHNS EASTERN COMPANY INC 27,086 68
341203 06/30/2016 CENTRAL PUMP& SUPPLY INC 297.50
341204 06/30/2016 ERIK BANKS HELFRICH 425.00
341205 06/30/2016 MASTELLER&MOLER INC 3,994.00
341206 06/30/2016 ARTCRAFT& FOREMOST INC 317.09
341207 06/30/2016 TICHY,NANCY 96.87
341208 06/30/2016 BETTY BEATTY-HUNTER 60.00
341209 06/30/2016 ARDAMAN&ASSOCIATES INC 1,245.00
341210 06/30/2016 KEN CHATAM 60.00
341211 06/30/2016 1 ST FIRE& SECURITY INC 120.00
341212 06/30/2016 SUNCOAST REALTY& RENTAL MGMT LLC 500.00
341213 06/30/2016 JOSEPH E FLESCHER 46.28
341214 06/30/2016 PAK MAIL 94.94
341215 06/30/2016 JOHNNY B SMITH 90.00
341216 06/30/2016 MOORE MEDICAL LLC 60.25
341217 06/30/2016 CHARLES A WALKER 110.00
341218 06/30/2016 DYNAMIC AIR QUALITY&COOLING INC 170.00
341219 06/30/2016 CEMEX 2,382.53
341220 06/30/2016 MT ZION AME CHURCH 10000
341221 06/30/2016 KATHLEEN P DOUGHERTY 340.00
341222 06/30/2016 TREASURE COAST FOOD BANK INC 432.97
341223 06/30/2016 DANA SAFETY SUPPLY INC 564.42
341224 06/30/2016 TREASURE COAST SPRINKLERS INC 4,317.00
341225 06/30/2016 FLORIDA EAST COAST INDUSTRIES INC 12,366.03
341226 06/30/2016 K'S COMMERCIAL CLEANING 16,954.08
341227 06/30/2016 BAIRD,JAMES P 46.93
341228 06/30/2016 FLORIDA MEDICAID 190.00
341229 06/30/2016 WEST CONSTRUCTION INC 159,186.34
341230 06/30/2016 WOERNER DEVELOPMENT INC 507.50
341231 06/30/2016 YOUR AQUA INSTRUCTOR LLC 70.00
341232 06/30/2016 OVERDRIVE INC 2,787.12
341233 06/30/2016 RAYMOND J DUCHEMIN 80.00
341234 06/30/2016 BERMUDA SANDS APPAREL LLC 71.96
341235 06/30/2016 MOORE MOTORS 33279
341236 06/30/2016 REPROGRAPHIC SOLUTIONS INC 12.27
341237 06/30/2016 LOWES HOME CENTERS INC 368.83
341238 06/30/2016 LABOR READY SOUTHEAST INC 31,887.38
341239 06/30/2016 EMILY K DIMATTEO 200.00
341240 06/30/2016 ALEX MIKLO 60.00
341241 06/30/2016 SOUTHWIDE INDUSTRIES INC 94,352.63
341242 06/30/2016 PENGUIN RANDOM HOUSE LLC 188.25
341243 06/30/2016 ROBERT DOERR UPHOLSTERY 902.50
341244 06/30/2016 CHEMTRADE CHEMICALS CORPORTATION 2,27892
341245 06/30/2016 WADE WILSON 110.00
341246 06/30/2016 SUMMIT CONSTRUCTION OF VERO BEACH LLC 4,664.00
341247 06/30/2016 STACEY BUSH 107.00
341248 06/30/2016 CARA COBB 20.00
341249 06/30/2016 KESSLER CONSULTING INC 1,967.50
341250 06/30/2016 STS MAINTAIN SERVICES INC 1,450.00
341251 06/30/2016 RONALD NICHELSON 6000
341252 06/30/2016 FOUNDATION FOR AFFORDABLE RENTAL 387.00
341253 06/30/2016 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00
341254 06/30/2016 -PRESTIGE HEALTH CHOICE 136.00
341255 06/30/2016 LONGHORN LANDSCAPING AND SOD LLC 1,044.00
341256 06/30/2016 SUN AQUATICS LLC 170.00
341257 06/30/2016 JOSEPH DIZONNO 60.00
3 9
TRANS NBR DATE VENDOR AMOUNT
341258 06/30/2016 GENUINE PARTS COMPANY 223.57
341259 06/30/2016 RED THE UNIFORM TAILOR 2,989.89
341260 06/30/2016 CATHEDRAL CORPORATION 2,705.60
341261 06/30/2016 GERELCO TRAFFIC CONTROLS INC 1,650.52
341262 06/30/2016 UNIFIRST CORPORATION 816.66
341263 06/30/2016 STEARNS,CONRAD AND SCHMIDT 750.00
341264 06/30/2016 VCA ANIMAL HOSPITALS INC 151.37
341265 06/30/2016 AMERICAN AIR LIQUIDS HOLDINGS INC 3,958.50
341266 06/30/2016 SUNSHINE HEALTH PLAN MEDICAID 44.00
341267 06/30/2016 CCNK LLC 2,500.00
341268 06/30/2016 ADVANCE STORES COMPANY INCORPORATED 874.60
341269 06/30/2016 EGP DOCUMENT SOLUTIONS LLC 229.91
341270 06/30/2016 LOUDMOUTH GOLF LLC 598.42
341271 06/30/2016 RAYMOND DEBAUGH 37.50
341272 06/30/2016 NWI RECYCLING INC 4,187.40
341273 06/30/2016 SARAH GRADOLPH 180.00
341274 06/30/2016 LOUISE HAYES-JAIN 200.00
341275 06/30/2016 KATHLEEN WASHAWANNY 75.73
341276 06/30/2016 - JOHN F NIXON III 300.00
341277 06/30/2016 THOMAS KELLY 25.00
341278 06/30/2016 EVELYN HAYES 100.00
341279 06/30/2016 JEFFREY DENNING 21.32
341280 06/30/2016 DAVID DEGRAEVE 7000
341281 06/30/2016 DARREN COLE 145.00
341282 06/30/2016 DORRAH MAGE 50.00
341283 06/30/2016 PAULA BRAUER 50.00
341284 06/30/2016 AUTUMN OWEN 50.00
341285 06/30/2016 MARK P WYGONIK 479.16
341286 06/30/2016 PAUL CARONE 1,736.00
341287 06/30/2016 GRACES LANDING LTD 7,615.00
341288 06/30/2016 RIVER PARK ASSOCIATES 3,034.00
341289 06/30/2016 CREATIVE CHOICE HOMES XVI LTD 408.00
341290 06/30/2016 CREATIVE CHOICE HOMES XVI LTD 9,617.00
341291 06/30/2016 ALAN C KAUFFMANN 212.00
341292 06/30/2016 PINNACLE GROVE LTD 3,119.00
341293 06/30/2016 VERO CLUB PARTNERS LTD 533.00
341294 06/30/2016 VERO CLUB PARTNERS LTD 5,742.00
341295 06/30/2016 INDIAN RIVER COUNTY HOUSING AUTHORITY 60.00
341296 06/30/2016 INDIAN RIVER COUNTY HOUSING AUTHORITY 73.00
341297 06/30/2016 INDIAN RIVER COUNTY HOUSING AUTHORITY 142.00
341298 06/30/2016 INDIAN RIVER COUNTY HOUSING AUTHORITY 180.00
341299 06/30/2016 INDIAN RIVER COUNTY HOUSING AUTHORITY 215.00
341300 06/30/2016 INDIAN RIVER COUNTY HOUSING AUTHORITY 242.00
341301 06/30/2016 INDIAN RIVER COUNTY HOUSING AUTHORITY 247.00
341302 06/30/2016 INDIAN RIVER COUNTY HOUSING AUTHORITY 254.00
341303 06/30/2016 INDIAN RIVER COUNTY HOUSING AUTHORITY 347.00
341304 06/30/2016 INDIAN RIVER COUNTY HOUSING AUTHORITY 364.00
341305 06/30/2016 INDIAN RIVER COUNTY HOUSING AUTHORITY 459.00
341306 06/30/2016 INDIAN RIVER COUNTY HOUSING AUTHORITY 516.00
341307 06/30/2016 SUNQUEST INC 479.00
341308 06/30/2016 THE PALMS AT VERO BEACH 9,084.00
341309 06/30/2016 JOHN OLIVIERA 628.00
341310 06/30/2016 JOSEPH LOZADA 573.00
341311 06/30/2016 PELICAN ISLES LP 7,363.00
341312 06/30/2016 SONRISE VILLAS LTD 845.00
341313 06/30/2016 ANDRE DORAWA 601.00
341314 06/30/2016 INDIAN RIVER RDA LP 2,753.00
341315 06/30/2016 ROBERT DEMSICK 452.00
341316 06/30/2016 JAMES W DAVIS 372.00
341317 06/30/2016 NITA EZELL 614.00
4 10
TRANS NBR DATE VENDOR AMOUNT
341318 06/30/2016 LINDSEY GARDENS 11 LTD 283.00
341319 06/30/2016 LINDSEY GARDENS II LTD 9,834.00
341320 06/30/2016 PAULA ROGERS&ASSOCIATES INC 482.00
341321 06/30/2016 FIVE STAR PROPERTY HOLDING LLC 847.00
341322 06/30/2016 MARK BAER 10,472 00
341323 06/30/2016 AMBER MAYOR 561 00
341324 06/30/2016 MELISSA CAMARATA 619.00
341325 06/30/2016 FOUNDATION FOR AFFORDABLE RENTAL 2,919.00
341326 06/30/2016 NKW-CL LLC 557.00
341327 06/30/2016 VERO BEACH PLACE LLC 1,842.00
341328 06/30/2016 MAJ INC 488.00
Grand Total: 1,008,118.46
5 11
ELECTRONIC PAYMENT - VISA CARD
TRANS. NBR DATE VENDOR AMOUNT
1009264 06/28/2016 PARKS RENTAL& SALES INC 1,633.25
1009265 06/28/2016 COPYCOINC 639.53
1009266 06/28/2016 UNIVERSAL SIGNS&ACCESSORIES 6,568.50
1009267 06/28/2016 ST LUCIE BATTERY&TIRE CO 1,967.16
1009268 06/28/2016 WORLD INDUSTRIAL EQUIPMENT INC 350.00
1009269 06/28/2016 RECORDED BOOKS LLC 309.60
1009270 06/28/2016 SOUTHERN COMPUTER WAREHOUSE 1,267.75
1009271 06/28/2016 HD SUPPLY FACILITIES MAINTENANCE LTD 189.34
1009272 06/28/2016 SANDERS COMPANY INC 1,552.00
1009273 06/28/2016 STRYKER SALES CORP 1,031.70
1009274 06/28/2016 RECHTIEN INTERNATIONAL TRUCKS 655.91
1009275 06/28/2016 SOUTHERN JANITOR SUPPLY INC 3,078.87
1009276 06/28/2016 PACE ANALYTICAL SERVICES INC 180.00
1009277 06/28/2016 XYLEM WATER SOLUTION USA INC 1,844.00
1009278 06/28/2016 SCRIPPS NP OPERATING LLC 992.33
1009279 06/30/2016 AT&T 12,761.29
1009280 06/30/2016 OFFICE DEPOT BSD CUSTOMER SVC 857.05
1009281 06/30/2016 CALLAWAY GOLF SALES COMPANY 685.10
1009282 06/30/2016 WASTE MANAGEMENT INC 2,399.03
1009283 06/30/2016 COMCAST 104.85
1009284 06/30/2016 COMCAST 0.00
1009285 06/30/2016 POLYDYNE INC 2,507.00
1009286 06/30/2016 WHEELABRATOR RIDGE ENERGY INC 3,068.50
1009287 06/30/2016 COMCAST 28.56
Grand Total: 44,671.32
1 12
ELECTRONIC PAYMENTS - WIRE & ACH
TRANS NBR DATE VENDOR AMOUNT
4420 06/24/2016 KERNS CONSTRUCTION& PROPERTY 128,483.05
4421 06/24/2016 KIMLEY HORN&ASSOC INC 5,095.50
4422 06/24/2016 C E R SIGNATURE CLEANING 5,000.00
4423 06/24/2016 CDM SMITH INC 2,699.00
4424 06/24/2016 CDM SMITH INC 2,555.62
4425 06/24/2016 INDIAN RIVER COUNTY PROPERTY APPRAISER 225,767.20
4426 06/30/2016 REGIONS BANK 509,406.70
4427 06/30/2016 BANK OF NEW YORK 3,615,900.00
4428 06/30/2016 INDIAN RIVER COUNTY SHERIFF 3,399,085.93
4429 06/30/2016 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 84,495.82
4430 06/30/2016 CLERK OF CIRCUIT COURT 75,000.08
Grand Total: 8,053,488.90
1 13
inaian tuver county i ax uonector
CJJ:ekp
Attachments
1800 27th Street, Bldg. B, Vero Beach, FL 32960-0310
E-mail: HowMayWeHelpYou@IRCTax.com a Website: www.IRCTax.com
Phone: (772) 226-1338 a Fax (772) 770-5009
14
Description of.land.or;personal,propeity -
'Person the.tax israisessed.against iri fhe.roll Prop'egy,ID,#_ - -Total taxes deleted Reason for reduction
KEYBANK NATIONAL ASSOCIATION 0211356 0000 56.84 Errors
KEYBANK NATIONAL ASSOCIATION 0211357 0000 1.39 Errors
CANNOFFO ENTERPRISES INC 27TH AVENUE SHELL FOOD MA 0211904 0000 361.59 Errors
BUDDYS NEWCO LLC#58 BUDDY'S HOME FURNISHINGS 0215074 0000 692.90 Errors
CPM ACRES LLC/NICK'S AUTO NICK AUTO 0215352 0000 557.89 Errors
OCULINA BANK 0218747 0000 363.00 Errors
SONIFI SOLUTIONS INC 0220210 0000 207.04 Errors
MOLON LABE LLC OLD DIXIE LOADERS&SUPPLY 0220947 0000 552.94 Errors
ZONAL HOSPITALITY SYSTEMS INC 0221774 0000 51.42 Errors
INEOS NEW PLANET BIOENERGY LLC 0221787 0000 -439,587.53 Errors
LILIES OF THE FIELD LANDSCAPIN G LLC 0221877 0000 63471 Errors
DE MOYA GROUP INC 0222019 0000 2,038.43 Errors
HO HIEU T BERRY TWISTER FROZEN YOGURT 0222153 0000 579.84 Errors
WILKE INC FOURTEEN BONES 0222154 0000 538.47 Errors
MODERN ONE SALON LLC CLOUD 9 SALON&SPA 0222157 0000 531.35 Errors
HARBOR COMMUNITY BANK 0222162 0000 3,351.44 Errors
SWEET KISS ICE CREAM INC 0222168 0000 1,675.73 Errors
ALLIED FIBER 0222245 0000 825.59 Errors
ALLIED FIBER 0222246 0000 502.80 Errors
ALLIED FIBER 0222247 0000 217.16 Errors
ALLIED FIBER 0222248 0000 204.68 Errors
Grand Total-Errors 63,710.58
CITY OF SEBASTIAN 31-38-01-00002-0160-00021/0 193.32 Insolvencies
FIELDS GEORGE'ESTELL32-39-26-00000-3000-00041/0 112.26 Insolvencies
CHU THINH D& 32-39-26-00003-0180-00009/0 150.41 Insolvencies
DIX GEORGE M 32-39-26-00005-0020-00003/0 148.83 Insolvencies
BRADSHAW OLIVIA DENISE` 32-39-26-00008-0000-00033/0 203.17 Insolvencies
MCCUTCHEN&JENNINGS INC 32-39-27-00000-1000-00057/1 166.60 Insolvencies
GIFFORD GARDENS LLC 32-39-27-00001-0000-00020/4 96.14 Insolvencies
GIFFORD GARDENS LLC 32-39-27-00003-0000-00001/0 65.53 Insolvencies
GIFFORD GARDENS LLC 32-39-27-00003-0000-00004/0 444.19 Insolvencies
GIFFORD GARDENS LLC 32-39-27-00003-0000-00034/0 94.54 Insolvencies
MCKENZIE ESTELLA(1/2)(L)'& 32-39-27-00003-0000-00049/0 424.00 Insolvencies
BAKER JERRY J(50%)&' 32-39-27-00003-0000-00060/0 38445 Insolvencies
SUSANNA CHAPTER NO 63 OES 32-39-27-00007-0000-00042/0 108.44 Insolvencies
INDIAN RIVER COUNTY 32-39-33-00003-0002-00001/0 650.14 Insolvencies
INDIAN RIVER COUNTY 32-39-33-00004-0000-00000/1 432.76 Insolvencies
Grand Total-Insolvencies 3,674.78
DENTON ROBERT 1R`JEANETTE M 30-38-21-00001-0000-00009/0 24 12 Under Minimum
ROSELAND UNITED METHODIST CHURCH 30-38-21-00005-0090-00004/0 1.00 Under Minimum
ROSELAND UNITED METHODIST CHURCH INC 30-38-21-00005-0100-00006/0 1.00 Under Minimum
LAPORTA GRACE 30-38-21-00005-0110-00006/1 29.32 Under Minimum
ROSELAND UNITED METHODIST CHURCH INC 30-38-21-00005-0120-00001/0 1.00 Under Minimum
SLADE JON JEFFREY BONNIE S 30-38-22-00002-0006-00000/0 17.01 Under Minimum
HUMANA INC 30-38-25-00000-0010-00017/0 2.83 Under Minimum
KARR EDWARD T(TR)• 30-38-25-00007-0000-00001/1 28.32 Under Minimum
KESSINGER MARY L CALVERT DANIEL 30-38-30-00006-0000-00003/2 17.16 Under Minimum
GROVER ALBERT D& 30-39-33-00000-1000-00005/0 3.25 Under Minimum
DYNASTY PROPERTIES OF SOUTH FLORIDA LLC 30-39-33-00000-1000-00006/0 3.33 Under Minimum
BENJAMIN LYNDA L' 30-39-33-00000-1000-00009/0 6.16 Under Minimum
DAVIES JEFFREY NEIL JENNIFER ANNE 30-39-33-00000-1000-00010/0 3.51 Under Minimum
ROTCHFORD GEORGE D MARILYN I& 30-39-33-00000-7000-00005/0 3.25 Under Minimum
DESTINATION SEBASTIAN LLC 30-39-33-00000-7000-00007/0 3.33 Under Minimum
GAMUT PROPERTIES LLC 30-39-33-00000-7000-00009/0 3.33 Under Minimum
GAMUT PROPERTIES LLC 30-39-33-00000-7000-00010/0 2.68 Under Minimum
CORDNER HAROLD LIANNE 30-39-33-00000-7000-00012/0 5.33 Under Minimum
CORDNER HAROLD J LIANNE K 30-39-33-00000-7000-00013/0 5.51 Under Minimum
Page 5 of 11 19
De"&i0ii66:6f lin
-or-O&Sonal'b
Y,
against in the.roll -Total taxes_dele't.ea-.' iii�ohjdr.nFidd-W&
-p
"ihe tax is ass6sedaga* -,%�
Property.
UNITED REAL ESTATE VENTURES INC 30-39-33-00000-7000-00015/0 1.26 Under Minimum
SMITH ROGER W JR 30-39-33-00000-7000-00016/0 6.50 Under Minimum
TRIPLE S HOLDINGS LTD 31-35-03-00000-1000-00005/0 2.12 Under Minimum
LISLE DORIS M(TR)(TOK)- 31-35-03-00000-3000-00002/0 23.29 Under Minimum
TRIPLE 5 HOLDINGS LTD 31-35-03-00000-5000-00003/0 4.11 Under Minimum
LISLE DORIS M(TR)(TOK)- 31-35-04-00000-5000-00004/0 13 15 Under Minimum
MILLS KATHRYN(TR) 31-35-06-00000-5000-00001/1 23.58 Under Minimum
MILLS KATHRYN(TR) 31-35-18-00000-3000-00001/0 24.67 Under Minimum
Fl.ATL CITRUS PROP OWNRS ASSOC 31-37-00-00001-0322-00001/0 21.18 Under Minimum
FL ATL CITRUS PROP OWNRS ASSOC 31-37-00-00001-0324-00002/0 21.01 Under Minimum
FLORIDA ATLANTIC CITRUS PROPERTY OWNERS INC 31-37-00-00001-0359-00001/1 24.18 Under Minimum
FL ATL CITRUS PROP OWNRS ASSOC 31-37-00-00001-0364-00001/0 20.84 Under Minimum
FL ATL CITRUS PROP OWNRS ASSOC 31-37-00-00001-0366-00001/0 10.50 Under Minimum
FL ATL CITRUS PROP OWNRS ASSOC 31-37-00-00001-0431-00001/0 20.64 Under Minimum
FL ATL CITRUS PROP OWNRS ASSOC 31-37-00-00001-0431-00002/0 21.01 Under Minimum
FL ATL CITRUS PROP OWNRS ASSOC 31-37-00-00001-0475-00001/0 20.84 Under Minimum
Fl.ATL CITRUS PROP OWNRS ASSOC 31-37-00-00001-0517-00001/0 20.84 Under Minimum
Fl.ATL CITRUS PROP OWNRS ASSOC 31-37-00-00001-0568-00001/0 10.50 Under Minimum
FL ATL CITRUS PROP OWNRS ASSOC 31-37-00-00001-0619-00001/0 20.84 Under Minimum
FL ATL CITRUS PROP OWNRS ASSOC 31-37-00-00001-0625-00001/0 10.64 Under Minimum
FL ATL CITRUS PROP OWNRS ASSOC 31-37-00-00001-0625-00002/0 20.84 Under Minimum
FL ATL CITRUS PROP OWNRS ASSOC 31-37-00-00001-0677-00001/0 10.50 Under Minimum
FL ATL CITRUS PR OWNRS ASS INC 31-37-00-00001-0768-00001/0 20.64 Under Minimum
MORTON RICHARD HELEN 31-37-00-00001-0774-00002/0 28.84 Under Minimum
PARENTELA VINCENT DIANE 31-37-00-00001-0870-00001/0 24.18 Under Minimum
REVELATION TRUTH CHURCH INT'L 31-37-00-00001-1548-00002/0 20.00 Under Minimum
REVELATION TRUTH CHURCH INTERNATIONAL INC 31-37-00-00001-1548-00003/0 20.00 Under Minimum
REVELATION TRUTH CHURCH INTERNATIONAL INC 31-37-00-00001-1548-00004/0 20.00 Under Minimum
REVELATION TRUTH CHURCH INTERNATIONAL INC 31-37-00-00001-1548-00006/0 20.00 Under Minimum
NEW BETHEL AME CHURCH 31-37-00-00004-0020-00061/0 10.00 Under Minimum
MT OLIVE MISSIONARY BAPTIST CHURCH 31-37-00-00004-0030-00073/0 10.00 Under Minimum
MT OLIVE MISSIONARY BAPTIST CHURCH 31-37-00-00004-0030-00074/0 10.00 Under Minimum
CARNELL RICHARD M JR WENDY W 31-37-00-00009-0420-00024/0 29.98 Under Minimum
MONROE MICHAEL M*CHERYL S 31-37-00-00009-0420-00024/1 29.98 Under Minimum
FELLSIVERE CHURCH OF GOD(TRS) 31-37-00-00009-0820-00001/0 10.00 Under Minimum
REDLANDS CHRISTIAN MIGRANT ASSOC INC 31-37-00-00009-0830-00016/0 10.00 Under Minimum
JOURNIGAN HORACE(TRS)& 31-37-00-00009-1160-00012/0 10.00 Under Minimum
FEY HAROLD 31-38-11-00003-0090-00019/0 4.18 Under Minimum
FCB REO REAL ESTATE LLC 31-38-20-00000-1000-00005/1 29.22 Under Minimum
INDIAN RIVER COUNTY 31-38-21-00000-0020-00005/0 11.34 Under Minimum
FCB REO REAL ESTATE LLC 31-38-21-00000-3000-00002/0 1775 Under Minimum
UNITED REAL ESTATE VENTURES IN 31-39-04-00000-0030-00004/0 14.67 Under Minimum
GOLDING JEFFREY'MARY BETH' 31-39-04-00000-0030-00004/1 2.83 Under Minimum
SEBASTIAN METHODIST'CHURCH INC 31-39-06-00000-0040-00025/0 1943 Under Minimum
CITY OF SEBASTIAN 31-39-06-00003-0010-00001/2 7.08 Under Minimum
SEBASTIAN METHODIST CHURCH INC 31-39-06-00005-0010-00004/0 25.12 Under Minimum
SEBASTIAN METHODIST CHURCH INC 31-39-06-00005-0010-00005/0 23.55 Under Minimum
SEBASTIAN UNITED METHODIST CHURCH' 31-39-06-00005-0030-00001/0 21.31 Under Minimum
SEBASTIAN UNITED METHODIST CHURCH* 31-39-06-00005-0030-00002/0 21.55 Under Minimum
SEBASTIAN UNITED METHODIST CHURCH* 31-39-06-00005-0030-00003/0 21.16 Under Minimum
SEBASTIAN UMC 31-39-06-00010-0000-00008/0 2444 Under Minimum
SEBASTIAN UNITED METHODIST CHURCH* 31-39-06-00010-0000-00012/0 26.69 Under Minimum
INDIAN RIVER COUNTY 31-39-06-00017-0010-00013/1 3 15 Under Minimum
MOTIVA ENTERPRISES LLC 31-39-06-00020-0060-00001/1 16.55 Under Minimum
CONDE CLARENCE P* 31-39-17-00000-0020-00029/2 8.31 Under Minimum
HIERS PROPERTIES LLC 31-39-17-00000-0020-00029/3 14.18 Under Minimum
FISCHER HENRY A 31-39-20-00000-1000-00022/2 14 18 Under Minimum
BOOS-GMC SEBASTIAN LLC 31-39-20-00007-0000-00000/2 9.27 Under Minimum
SCHWERIN 510 LLC 31-39-28-00006-0090-00001/0 567 Under Minimum
Page 6 of 11 20
D6kilptiorrof•land or.personel,propeity.
Person the tax is assessed against.in the.roll a 'X12 Propeity.ID°b�;_=_." Total taxes deleted ' Reason'for reiiuction
DAWSEY WOODROW 31-39-29-00000-3000-00011/0 22 68 Under Minimum
DAWSEY WOODROW 31-39-29-00000-3000-00012/0 22.68 Under Minimum
ABT MICHAEL C TAFFI' 31-39-30-00001-0000-OD001/0 17.18 Under Minimum
ABT MICHAEL C TAFFI' 31-39-30-00001-0000-00002/0 17 18 Under Minimum
INDIAN RIVER COUNTY 31-39-30-00002-0000-00000/3 4.60 Under Minimum
CROSS CREEK LAKE ESTATES INC 31-39-30-00006-0040-00001/0 1.45 Under Minimum
CROSS CREEK LAKE ESTATES INC 31-39-30-00006-0040-00002/0 1.45 Under Minimum
CROSS CREEK LAKE ESTATES INC 31-39-30-00006-0040-00003/0 1.45 Under Minimum
CROSS CREEK LAKE ESTATES INC 31-39-30-00006-0040-00004/0 1.45 Under Minimum
CROSS CREEK LAKE ESTATES INC 31-39-30-00006-0040-00005/0 1.45 Under Minimum
CROSS CREEK LAKE ESTATES INC 31-39-30-00006-0040-00006/0 1.45 Under Minimum
CROSS CREEK LAKE ESTATES INC 31-39-30-00006-0040-00007/0 1.45 Under Minimum
CROSS CREEK LAKE ESTATES INC 31-39-30-00006-0040-00008/0 1.45 Under Minimum
VAN ANTWERP FREDERICK W(COTR)FLORENCE B(COTR) 31-39-32-00000-5000-00004/0 28.52 Under Minimum
GRAINGER KEITH A& 31-39-33-00000-1000-00038/0 17.01 Under Minimum
TR OF HEAVENLY CHURCH OF FIRST BORN 31-39-33-00000-3000-00008/0 14.18 Under Minimum
SEACREST ESTATES INC• 31-39-34-00000-0060-00001/0 9.01 Under Minimum
CROOKED TREE LAND AND CATTLE COMPANY 32-35-14-00000-7000-00003/0 6.55 Under Minimum
ROL INC& 32-35.18-00000-3000-00001/0 12.80 Under Minimum
ROL INC& 32-35-19-00000-1000-00002/0 4.11 Under Minimum
MCINTURF ENTERPRISES INC32-35-20-00000-1000-00002/0 5.58 Under Minimum
LGR RANCH CATTLE COMPANY LLC 32-35-22-00000-3000-00001/0 9.43 Under Minimum
LATT MAXCY CORP 32-35-22-00000-5000-00001/1 1.48 Under Minimum
GRANTHAM SUZANNE TINDELL(TR)' 32-35-23-00000-1000-00002/1 20.01 Under Minimum
CROOKED TREE LAND AND CATTLE COMPANY 32-35-23-00000-1000-00004/0 17.88 Under Minimum
KAHLE FAMILY INVESTMENTS III LLC 32-35-26-00000-5000-00001/0 14.95 Under Minimum
HULLFISH CLARENCE E 32-35-31-00000-3000-00001/6 22.14 Under Minimum
GAllA JOSEPH ZACHARY 32-35-31-00000-5000-00011/0 22.80 Under Minimum
GAZZA JOSEPH ZACHARY 32-35-31-00000-7000-00001/0 20.01 Under Minimum
PRESSLEY RANCH INC 32-35-36-00000-0010-00002/0 9.84 Under Minimum
PRESSLEY RANCH INC 32-36-00-00000-0000-00002/0 5.92 Under Minimum
HOLMAN B L(LESS) 32-36-00-00000-0000-00007/0 5.42 Under Minimum
RO-ED CORP 32-38-08-00000-1000-00001/1 8.91 Under Minimum
LATOUR JORGE A CONSUELO P 32-38-13.00000-5000-00001/0 17.34 Under Minimum
HUGH CORRIGAN III FAMILY LIMITED PARTNERSHIP(1/2)& 32-38-29-00000-5000-00001/0 12.53 Under Minimum
INDIAN RIVER PROPERTY LP 32-38-30-00000-5000-00001/0 18.17 Under Minimum
O'HAIRE MICHAEL 32-39-01-00001-0190-00001/0 7.46 Under Minimum
KEAN JOHN(TRS)& 32-39-01-00001-0260-00001/0 5.81 Under Minimum
CHARLESTON ESTATES VERO LLC 32-39-01-00001-1110-00001/0 8.02 Under Minimum
LOST TREE VILLAGE CORP 32-39-01-00001-1120-00001/0 28.69 Under Minimum
LOST TREE VILLAGE CORP 32-39-01-00001-1140-00001/0 16.86 Under Minimum
WINKLER ANDREW J(TR)& 32-39-03-00000-5000-00001/2 14.09 Under Minimum
PURVIS LULA BELLE(LE)` 32-39-10-00000-3000-00004/0 14.58 Under Minimum
FLORIDA EAST COAST RAILWAY LLC 32-39-10-00000-3000-00018/0 7.11 Under Minimum
CLARK EDWARD LOUISE 32-39-10-00003-0020-00017/1 25.34 Under Minimum
JOHNS ISLAND CLUB INC 32-39-12-00000-0010-00002/0 2.09 Under Minimum
1ETSON EXECUTIVE MINI-STORAGE LLC 32-39-15-00000-1000-00010/1 21.36 Under Minimum
GRAND HARBOR NORTH LAND LLC 32-39-15-00000-1000-00025/0 1.41 Under Minimum
BENT PINE GOLF CLUB INC 32-39-15-00000-3000-00011/2 2745 Under Minimum
BENT PINE GOLF CLUB INC 32-39-16-00000-1000-00015/1 2745 Under Minimum
BENT PINE GOLF CLUB INC 32-39-16-00000-1000-00015/2 2745 Under Minimum
PROVIDENCE POINTE VERO BEACH LLC 32-39-20-00001-0030-00003/0 21.15 Under Minimum
CAC VERO I LLC 32-39-22-00000-1000-00003/2 28.14 Under Minimum
LF2/MCP HARBOR POINT LP 32-39-23-00029-0000=00000/2 8.44 Under Minimum
ESTUARY DEVELOPMENT LTD' 32-39-24-00002-0000-00000/1 0.31 Under Minimum
TRS OF ST PETERS MISSIONARY BAPTIST CHURCH 32-39-26-00000-3000-00048/0 25.00 Under Minimum
SEGMENT MARKETS 85 INC 32-39-26-00000-7000-00002/0 17.21 Under Minimum
RUSSELL VIRGINIA W FAMILY LTD PTNR 32-39-26-00000-7000-00006/0 22.36 Under Minimum
APOSTOLIC FAITH REVIVAL CENTER 32-39-26-00002-0130-00003/0 25.00 Under Minimum
Page 7 of 11 21
Deseriptlon=ofland,'or.=pe'rsorial;property
Person the taxis assessed against inthe roll ,Total taxes deleted; Reason;for_dddr4ion
APOSTOLIC FAITH REVIVAL CENTER 32-39-26-00004-0200-00001/0 25.00 Under Minimum
APOSTOLIC FAITH REVIVAL CENTER 32-39-26-00004-0200-00002/0 25.00 Under Minimum
RIVERFRONT GROVES INC 32-39-26-00006-0000-00025/0 27 49 Under Minimum
BEASLEY LEONA MC DOUGALD 32-39-26-00010-0070-00103/0 14.09 Under Minimum
SUN AVIATION INC(LESS)` 32-39-26-00011-0060-00001/1 18.00 Under Minimum
BREATH OF HEAVEN MINISTRIES OF THE TREASURE COAST IN 32-39-32-00002-0000-00004/0 18.00 Under Minimum
KINGDOM HARVEST INC 32-39-35-00007-0030-00006/0 18.00 Under Minimum
VISTA HARBOR 32-39-36-00011-0130-00000/5 18.00 Under Minimum
VISTA HARBOR 32-39-36-00011-0140-00000/5 18.00 Under Minimum
VISTA HARBOR 32-39-36-00011-0150-00000/5 18.00 Under Minimum
VISTA HARBOR 32-39-36-00011-0160-00000/5 18.00 Under Minimum
VISTA HARBOR 32-39-36-00011-0170-00000/5 18.00 Under Minimum
VISTA HARBOR 32-39-36-00011-0180-00000/5 18.00 Under Minimum
VISTA HARBOR 32-39-36-00011-0190-00000/5 18.00 Under Minimum
VISTA HARBOR 32-39-36-00011-0200-00000/5 18.00 Under Minimum
JOHNS ISLAND INC 32-40-07-00000-0040-00001/0 25.34 Under Minimum
THE ESTUARY DEVELOPMENT LTD 32-40-19-00000-0020-00004/0 18.49 Under Minimum
VISTA HARBOR 32-40-31-00010-0010-00000/5 18.00 Under Minimum
VISTA HARBOR 32-40-31-00010-0020-00000/5 18.00 Under Minimum
VISTA HARBOR 32-40-31-00010-0030-00000/5 18.00 Under Minimum
VISTA HARBOR 32-40-31-00010-0040-00000/5 18.00 Under Minimum
VISTA HARBOR 32-40-31-00010-0050-00000/5 18.00 Under Minimum
VISTA HARBOR 32-40-31-00010-0060-00000/5 18.00 Under Minimum
VISTA HARBOR 32-40-31-00010-0070-00000/5 18.00 Under Minimum
VISTA HARBOR APT BLDG 32-40-31-00010-0080-00000/5 18.00 Under Minimum
VISTA HARBOR APT BLDG 32-40-31-00010-0090-00000/5 18.00 Under Minimum
VISTA HARBOR APT BLDG 32-40-31-00010-0100-00000/5 18.00 Under Minimum
VISTA HARBOR 32-40-31-00010-0110-00000/5 18.00 Under Minimum
VISTA HARBOR 32-40-31-00010-0120-00000/5 18.00 Under Minimum
VISTA HARBOR 32-40-31-00010-0210-00000/5 18.00 Under Minimum
R&H DEVELOPMENT CORP 32-40-31-00014-0000-00000/1 18.00 Under Minimum
CAIN&BRANIGAN 32-40-31-00016-0000-00000/1 18.00 Under Minimum
ROYAL PALM POINTE OF VERO BEACH CONDO ASSOC INC 32-40-31-00017-0000-00000/3 18.00 Under Minimum
ESCO LYNN(TRS)& 33-37-14-00000-3000-00002/0 25.51 Under Minimum
BELCHER E N 1R(ETAL) 33-37-23-00000-7000-00002/0 15.74 Under Minimum
FOUNTAIN JOHN N JR 33-38-03-00002-0010-00009/0 24.30 Under Minimum
PRIMA VISTA CORP 33-38-03-00002-0030-00008/0 26.29 Under Minimum
GILMORE JOSEPH A'STEPHANIE• 33-38-03-00002-0030-00009/0 2.14 Under Minimum
PRIMA VISTA CORPORATION' 33-38-03-00002-0030-00019/0 18.83 Under Minimum
PARADISE CENTRAL CORP 33-38-03-00002-0170-00013/1 2745 Under Minimum
SOUTHERN CLASSIC HOMES LLC 33-38-12-00002-0000-00045/1 25.11 Under Minimum
STREETMAN CALPHREY B(1/3)& 33-38-22-00001-0100-00003/0 29.34 Under Minimum
VERO BEACH COUNTRY CLUB INC 33-39-01-00000-3000-00008/0 20.20 Under Minimum
FLA EAST COAST RAILWAY 33-39-01-00000-5000-00020/0 767 Under Minimum
FIRST PRESBYTERIAN CHURCH OF VERO BEACH FL INC 33-39-03-00005-0310-00011/0 18.00 Under Minimum
FEC RAILWAY CO 33-39-01-00046-0000-00000/2 22.89 Under Minimum
MASCHMEYER PROPERTIES 1400 LLC 33-39-01-00047-0040-00020/1 25.67 Under Minimum
FELIX POPPELL POST#39 DEPT OF FL AMERICAN LEGION INC 33-39-01-00047-0200-00009/0 18.00 Under Minimum
ROYAL PARK CONDO ASSN BLDG E 33-39.01-00052-0050-00000/5 18.00 Under Minimum
ROYAL PARK CONDO ASSN BLDG W 33-39-01-00052-0100-00000/5 18.00 Under Minimum
ST VINCENT DE PAUL SOC IRC INC 33-39-02-00000-7000-00005/0 18.00 Under Minimum
ST VINCENT DE PAUL SOC IRC INC 33-39-02-00000-7000-00006/0 18.00 Under Minimum
FIRST BAPTIST CHURCH OF VERO BEACH INC 33-39-02-00001-0280-00004/0 18.00 Under Minimum
FIRST BAPTIST CHURCH OF VERO BEACH INC 33-39-02-00001-0300-00014/0 18.00 Under Minimum
COMMUNITY CHURCH OF VERO BEACH 33-39.02-00001-0390-00001/0 18.00 Under Minimum
COMMUNITY CHURCH OF VERO BEACH 33-39-02-00001-0390-00003/0 18.00 Under Minimum
FIRST UNITED METHODIST CHURCH OF VERO BEACH INC 33-39-02-00001-0390-00008/0 18.00 Under Minimum
FIRST UNITED METHODIST CHURCH OF VERO BEACH INC 33-39-02-00001-0390-00010/0 18.00 Under Minimum
FIRST METHODIST CHURCH OF VERO BEACH INC` 33-39-02-00001-0420-00003/0 18.00 Under Minimum
Page 8 of 11 22
-Desehibii6n&
.roll Toialiax6s.difk' 6" -6
.06'r�on the tix is assessed against in the rop R��sn for,redudion
FIRST UNITED METHODIST CHURCH 33-39-02-00001-0420-00004/0 18.00 Under Minimum
FIRST UNITED METHODIST CHURCH 33-39-02-00001-0420-00006/0 18.00 Under Minimum
FIRST METHODIST CHURCH OF VERO BEACH INC' 33-39-02-00001-0430-00003/0 18.00 Under Minimum
FIRST METHODIST CHURCH OF VERO BEACH INC' 33-39-02-00001-0430-00004/0 18.00 Under Minimum
FIRST METHODIST CHURCH OF VERO BEACH INC' 33-39-02-00001-0430-00007/0 18.00 Under Minimum
CITY OF VERO BEACH ALLEY 33-39-02-00001-0470-00006/1 18.00 Under Minimum
VERO BEACH THEATRE GUILD INC 33-39-02-00005-0350-00003/0 18.00 Under Minimum
ST FRANCIS MANOR INC 33-39-02-00008-0040-00007/0 18.00 Under Minimum
ST FRANCIS MANOR INC 33-39-02-00008-0040-00008/0 18.00 Under Minimum
EVANGELICAL COVENANT CHURCH OF VERO BEACH FL INC 33-39-02-00016-0010-00001/1 18.00 Under Minimum
EVANGELICAL COVENANT CHURCH OF VERO BEACH FL INC 33-39-02-00016-00115-00001/2 18.00 Under Minimum
EVANGELICAL COVENANT CHURCH OF VERO BEACH FL INC 33-39-02-00016-0010-00011/0 18.00 Under Minimum
VERO BEACH CHURCH OF CHRIST INC 33-39-03-00010-0030-00007/0 18.00 Under Minimum
VERO BEACH CHURCH OF CHRIST INC 33-39-03-00010-0030-00009/0 18.00 Under Minimum
VERO BEACH CHURCH OF CHRIST INC 33-39-03-00010-0030-00010/0 18.00 Under Minimum
VERO BEACH CHURCH OF CHRIST INC 33-39-03-00010-0030-00012/0 18.00 Under Minimum
VERO BEACH CHURCH OF CHRIST INC 33-39-03-00010-0030-00016/0 18.00 Under Minimum
VERO BEACH CHURCH OF CHRIST INC 33-39-03-00010-0030-00017/0 18.00 Under Minimum
VERO BEACH CHURCH OF CHRIST INC 33-39-03-00010-0030-00019/0 18.00 Under Minimum
VERO BEACH CHURCH OF CHRIST INC 33-39-03-00010-0030-00021/0 18.00 Under Minimum
VERO BEACH CHURCH OF CHRIST INC 33-39-03-00010-0040-00006/0 18.00 Under Minimum
VERO BEACH CHURCH OF CHRIST INC 33-39-03-00010-0040-00008/0 18.00 Under Minimum
VERO BEACH CHURCH OF CHRIST INC 33-39-03-00010-0040-00011/0 18.00 Under Minimum
VERO BEACH CHURCH OF CHRIST INC 33-39-03-00010-0040-00020/0 18.00 Under Minimum
DIAZ MARIO*RAQUEL 33-39-10-00001-0070-00004/0 28.60 Under Minimum
JOHNSON WALTER 0 JOANNE L 33-39-10-00001-0070-00006/0 28.60 Under Minimum
DIMINO NICK* 33-39-10-00001-0070-00009/1 28.60 Under Minimum
SOWELL BROADUS F PATRICIA B 33-39-10-00001-0070-00009/2 28.60 Under Minimum
UNITARIAN UNIVERSALIST FELLOWSHIP OF VERO BCH INC 33-39-10-00003-0010-00003/0 18.00 Under Minimum
SANDALWOOD OF VERO HOA INC 33-39-10-00030-0080-00001/0 18.00 Under Minimum
FIRST CHURCH OF THE NAZARENE INC 33-39-11-00014-0020-00004/0 18.00 Under Minimum
FIRST CHURCH OF THE NAZARENE INC 33-39-11-00014-0020-00018/0 18.00 Under Minimum
LEWIS JESSIE G*& 33-39-12-00000-1000-00042/0 15.58 Under Minimum
BARATTINI P 33-39-12-00000-1000-00042/1 21.21 Under Minimum
STEWART JAMES H(TR) 33-39-12-00000-3000-00039/0 28.14 Under Minimum
GRIMM MANAGEMENT LTD PTNR 33-39-12-00000-3000-00039/1 349 Under Minimum
VILLAGE WALK INC' 33-39-12-00043-0000-00001/0 14.09 Under Minimum
HEALTH CARE REIT INC 33-39-13-00000-1000-00014/6 8.44 Under Minimum
SCHUTT MARGUERITE M(1/2)& 33-39-13-00000-7000-00002/1 7 11 Under Minimum
PIONEER BAPTIST CHURCH INC 33-39-13-00022-0000-00001/0 18.00 Under Minimum
PIONEER BAPTIST CHURCH INC 33-39-13-00022-0000-00002/0 18.00 Under Minimum
CARINI EUGENE'OLIVE B 33-39-15-00001-0080-00019/0 23 63 Under Minimum
TEMPLE BETH SHALOM OF VERO BEACH INC 33-39-16-00001-0090-00010/1 18.00 Under Minimum
ENRIQUEZ PEDRO TERESA 33-39-18-00001-0050-00004/0 20.81 Under Minimum
WOLFF GORDON R JR 33-39-24-00014-0000-00000/1 14.09 Under Minimum
TREASURE COAST COMMUNITY HEALTH INC 33-39-26-00001-0010-00002/1 18.00 Under Minimum
TREASURE COVE RE HOLDINGS LLC 33-40-16-00004-0000-00021/1 2.81 Under Minimum
VISTA 11 INC' 33-40-19-00001-0010-00002/1 12.76 Under Minimum
SOUTH PASSAGE ASSN INC 33-40-28-00000-0030-00001/0 13.43 Under Minimum
SOUTH PASSAGE ASSN INC 33-40-28-00000-0030-00004/0 24 19 Under Minimum
ROE FAMILY BEACH PARTNERSHIP 33-40-28-00000-0030-00005/0 23.87 Under Minimum
ATLANTIS PROPERTIES OF VERO BEACH LLC(2/3)& 33-40-28-00000-0030-00007/0 28.34 Under Minimum
BAURSHAUNA 33-40-28-00000-0040-00005/0 5.47 Under Minimum
INDIAN RIVER LAND TRUST INC& 33-40-31-00005-0010-00001/0 19.00 Under Minimum
PITNEY BOWES INC 0016633 0000 28.38 Under Minimum-
TITUS CHARLES DAVID PALMETTO TRACTOR SERVICES 0021900 0000 25.64 Under Minimum
GATORLAND VISTAS INC HERITAGE VILLAGE MHP t15790 0059620 0000 18.00 Under Minimum
PETERSONS GROVE&NURSERY I INC 0061170 0000 349 Under Minimum
AMERICAN BOTTLING COMPANY THE 0062270 0000 13.22 Under Minimum
Page 9 of 11 23
. . ^
��s�i hrn�f�i persona property
novALcuPwc 0066853 0000 7.96 Under Minimum
CREATIVE FLOOR nFvcxoBCH INC 0074650 0000 18.72 Under Minimum
Amcmc«w oorruwa COMPANY THE 0161260 0000 510 Under Minimum
xouo/wS JOHN ABIG DIPPER PRODUCTIONS 0189327 0000 11.93 Under Minimum
HALLMARK MARKETING CORPORATION*1z 0191166 0000 16.31 Under Minimum
Jurcon,onArmw 0191673 0000 28.27 Under Minimum
J&JAUTO WORKS INC 0193924 0000 25.73 Under Minimum
SENTRY FINANCIAL CORPORATION 0196239 0000 6.21 Under Minimum
SENTRY FINANCIAL CORPORATION 0196435 0000 28.70 Under Minimum
AM xsrA/L BASS COMPANY*444z 0200414 0000 11.84 Under Minimum
SENTRY FINANCIAL CORPORATION 0200902 0000 1443 Under Minimum
sAmSowncCOMPANY STORES LLC sAm»ownswao 0201814 0000 4y4 Under Minimum
STATEWIDE COMMERCIAL/wSuxINC 0202595 0000 12.78 Under Minimum
aAwsropsAmssropw*3*o 0203366 0000 13a9 Under Minimum
xconvICE CORPORATION 0203488 0000 27.34 Under Minimum
AmsmaASPROPANE m 0205175 0000 11.33 Under Minimum
c«r^uwAMARKETING CORP 0205338 0000 28.77 Under Minimum
oEcxcxHOLDING CORP ozoeon000 14.23 Under Minimum
AAA AUTO CLUB SOUTH AAA AUTO CLUB SOUTH INC 0206544 0000 ` � zo.u/ Under Minimum
PITNEY BOWES INC 0206716 0000 zo.*y Under Minimum
ACADEMY orLYMPHATIC STUDIES 0206787 0000 946 Under Minimum
xcoovICE CORPORATION 0206794 0000 3y2 Under Minimum
xcoovICE CORPORATION 0206795 0000 6.47 Under Minimum
xsoovICE CORPORATION 0206796 0000 9.37 Under Minimum
FOCUS FOUR LLC FOCUS FOUR LLC 0206905 0000 26.11 Under Minimum
MBR STORAGE INC 0207270 0000 xz.r/ Under Minimum
FIRST DATA MERCHANT SERVICES 0208349 0000 xo.m Under Minimum
JERRY SMITH TILE/mcn2on^»*0000 21.52 Under Minimum
PREMIER CITRUS LLC ' 0209784 0000 12.66 Under Minimum
CNK INC CNK INC 0209814 0000 23.91 Under Minimum
pspocoSALES INC 0209879 0000 10.33 Under Minimum
*p FINANCIAL SERVICES 0209945 0000 19 19 Under Minimum
nurExvvAu/wc 0209949 0000 19.96 Under Minimum
ourcxwAu/mc 0209950 0000 26s3 Under Minimum
/wrLGOLF mmwrcwINC POLO GROUNDS orPOINTE WEST 0211189 0000 8.80 Under Minimum
HARRIS SANITATION INC ORCHID 0211232 0000 6.94 Under Minimum
PUBLIC STORAGE INC wzxnxrPUBLIC STORAGE ozzsmzuono 13.86 Under Minimum
KING PUTT ENTERTAIN INC SAFARI MINI GOLF uGAMES 0218262 0000 25.*3 Under Minimum
ADVANCE AMERICA CAC orFLINC CASH ADVANCE w4aoo 02182810000 28.52 Under Minimum
STATE FARM MUTUAL AUTO INS co 021878�0000 13.80 Under Minimum
saEw'suo»ur,xmcowmnom/ws/wc 0218798 0000 6.34 Under Minimum
MEDTRONIC USA INC 0219486 0000 *.oy Under Minimum
MEDTRONIC USA INC 0219487 0000 29.72 Under Minimum
GFS FLORIDA LLC 0219599 0000 16.82 Under Minimum
BARRIER ISLAND MANAGEMENT CON suoAwr 0220182 0000 18.53 Under Minimum
wArmwvvmE MONEY SERVICE 0220322 0000 15.32 Under Minimum
uwwcxsxL HOSPITAL SERVICES C/O GRANT r*oowrow up 0220397 0000 2.61 Under Minimum
r'Moo/LsSOUTH LLC r'moo/Lcoz2n*ozoono 8.13 Under Minimum
o��oo�*oono zoa* Under Minimum
vv�osxo�ouc �
SPRINT SPECTRUM mLOC m/zmco4o 02210610000 x*.s» Under Minimum
pwoouESOUTH LLC 0221013 0000 zz.»a Under Minimum
6ww/cAxcoFCENTRAL FLORIDA 0221029 0000 xr.u/ Under Minimum
suxopEAw PERFORMANCE AND xEpm xuc 0221032 0000 20.24 Under Minimum
D x*nxrow INC 0221466 0000 21.68 Under Minimum
QUEST DIAGNOSTICS CLINICAL LAoonAromo 0221788 0000 11.39 Under Minimum
xoSEwusxGm/c*AcL SUSAN xoSsweELLxRANCH 0221820 0000 1167 Under Minimum
TouAxMODULAR BLDG USA LLC 0221868 0000 16.02 Under Minimum
wArsxS EDGE DERMATOLOGY 0221912 0000 5.93 Under Minimum
/wnmw xwEn msm xoSpINC CONCIERGE PRACTICE#6204 0221997 0000 3a4 Under Minimum
Page 10 of 11 24 �
°Description of land or,;personal property,
Person the tax is assessed against in*WH ,roll:-: :- - _ :.Rroperty ID#'. r. Total taxes deleted:;:Reason forreductfon
GHO HOMES GHO MILLSTONE LANDING CORP 0222009 0000 15.59 Under Minimum
D R HORTON INC 0222025 0000 20.10 Under Minimum
GOLF PERFORMANCE SOLUTIONS INC 0222120 0000 29.18 Under Minimum
SPRINT SPECTRUM LP LOC M113XCO49 0222320 0000 24.68 Under Minimum
BIDWELL NYRY G SR HELEN E FAIRLANE HARBOR 8120090 0000 6.59 Under Minimum
DAVID J JOSEPH CO 7100215 29.86 Under Minimum
TROPICANA TRANSPORTATION CORP 7100314 12.50 Under Minimum
HERZOG RAILROAD SERVICES INC 7100320 19.54 Under Minimum
B A S F CORPORATION 7200007 12.39 Under Minimum
CHEVRON USA INCORPORATED 7200014 15.03 Under Minimum
FIRST UNION RAIL CORPORATION 7200105 16.95 Under Minimum
EXXON MOBIL CORP 7200177 13.23 Under Minimum
AMERICAN RAILCAR LEASING LLC 7200211 15.08 Under Minimum
DAVID J JOSEPH CO 7200215 9.94 Under Minimum
MOSIAC CROP NUTRITION LLC 7200219 26.63 Under Minimum
TROPICANA TRANSPORTATION CORP 7200314 4.16 Under Minimum
HERZOG RAILROAD SERVICES INC 7200320 6.50 Under Minimum
TITAN FLORIDA LLC 7200330 19.51 Under Minimum
TROPICANA TRANSPORTATION CORP 7300314 21.72 Under Minimum
B A S F CORPORATION 7400007 25.22 Under Minimum
EXXON MOBIL CORP 7400177 26.91 Under Minimum
DAVID J JOSEPH CO 7400215 20.22 Under Minimum
TROPICANA TRANSPORTATION CORP 7400314 8.47 Under Minimum
HERZOG RAILROAD SERVICES INC 7400320 13.19 Under Minimum
Grand Total-Under Minimum 5,459.31
Grant Total-Discounts 9,155,281.33 Discounts
Grand Total-Errors,insolvencies,Under Minimum&Discounts 9,228,116.00
Page 11 of 11 25
DR-505
R.4/16
INSTRUCTIONS Rule 12D-16002
To Tax Collectors: Florida Administrative Code
1 Use this for the last sheet on your report of discounts, errors, double assessments, and insolvencies.
2. Do not list any item without showing the reason or code in the right-hand column.
3 As much as possible, group together all items coming under one heading For instance, place all errors under one
heading, all double assessments under another, exemptions under another, etc
4 For exemptions, specify whether widow, veteran, homestead, disability, etc.
Tax Collector Recapitulation
l Carole Jean Jordan , Tax Collector of Indian River County, Florida, certify this is a report of all
discounts, errors, double assessments, and insolvencies on the assessment roll for 2015; that all errors and double
assessments have been plainly indicated on the assessment roll; that the discounts were actually earned for the month as
shown, that no exemptions, other than those shown on the assessment roll, have been allowed by me without proof that
each claim was legal; that each item marked insolvent is, in fact, insolvent and, although diligent search has been made
by me I have been unable to find any property to levy on to enforce the payment of the tax; and that I have not collected
any of the items shown on this list.
I am entitled to credit against the 2015 Assessment Roll in the following amounts
Errors 63,710 58 Federal bankruptcies 000
Insolvencies 3,674.78 Other (specify) Under Minimum 5,45931
Double assessments 0.00
Discounts 9,155,281.33
TOTAL 9,228,126.00
4�44Indian River -71:5"116
Signatu , Tax Collector County Date
County Commission Recapitulation
We, the members of the Board of County Commissioners of Indian River County, Florida, certify that we have examined
and compared each item of this report. The tax collector has stricken from this report and made a separate list of items
which in our judgment should be collected by the tax collector To the best of our knowledge, this list is correct,just and
legal.
Hon Carole Jean Jordan , Tax Collector, is entitled to credit on account the amounts below
Errors 63,710.58 Federal bankruptcies 0.00
Insolvencies 3,674.78 Others: (specify) Under Minimum 5,459.31
Double assessments 000
Discounts 9,155,281.33
TOTAL 9,228,126.00
Attest.
Signature, chairman Date
Clerk Member
APPROVED AS TO FORM Member
AND LEGAL SUFFICIENCY Member
BY Member
LAN REINGOLD
COUNTY ATTORNEY
26
96
VER Office of the
.. . INDIAN RIVER COUNTY
ADMINISTRATOR
FLORt�Q'
Jason E. Brown, County Administrator
Michael C. Zito, Assistant County Administrator
MEMORANDUM
TO: Members of the Board ounty Commissioners
FROM: Jason E. Brown
County Administrator
DATE: July 5, 2016
SUBJECT: Authorization to Attend Treasure Coast Chapter of FGFOA Quarterly
Meeting and Seminar
The County Administrator is requesting authorization to attend the quarterly Meeting and
Seminar of the Treasure Coast Chapter of Florida Government Finance Officers Association
(TCFGFOA) to be held in Port St. Lucie Florida'on July 22, 2016.
Funding is available in the Administration 2015/2016 FY budget in accounts 00120112-034010
and 00120112-035430.
APPROV GEND LM Indian River Co Approved Date
Administrator 6
BY: '
FOR: J 2016
27
CONSENT
INDIAN RIVER COUNTY
INTER-OFFICE MEMORANDUM
TO: Jason Brown
County Administrator
FROM: Sheila O'Sullivan
Human Resources Generalist
DATE: July 1, 2016
SUBJECT: 2017 Holiday Schedule
For consideration by the Board of County Commissioners, the following is the proposed
schedule of holidays for Indian River County employees for 2017:
Holiday County Observance
New Year's Day Monday, January 2, 2017
Martin Luther King Jr. Day Monday, January 16, 2017
Good Friday Friday, April 14, 2017
Memorial Day Monday, May 29, 2017
Independence Day Tuesday, July 4, 2017
Labor Day Monday, September 4, 2017
Veterans Day Friday, November 10, 2017
Thanksgiving Day Thursday, November 23, 2017
Day after Thanksgiving Friday, November 24, 2017
Christmas Eve Friday, December 22, 2017
Christmas Day Monday, December 25, 2017
New Year's Day Monday, January 1, 2018
APPROVED FOR AGENDA:
Indian River Co. Appro a Date
By: Administration 7 6
Jaso Bro n, County Administrator Legal 104 Budget oil
For: d/ Dept.
Date Risk Management
V7 V28
Consent
Item
Agenda
�1V F:It COG
:�l.
� �. INDIAN RIVER COUNTY, FLORIDA
DEPARTMENT OF UTILITY SERVICES
oRm
Date: June 21, 2016
To: Jason E. Brown, County Administrator
From: Vincent Burke, P.E., Director of Utility Service
Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager AO
Subject: Work Order No. 1 with Carollo Engineers, Inc., for Manhole Rehabilitation at
Ixora Park Subdivision.
DESCRIPTIONS AND CONDITIONS:
Indian River County Department of Utility Services (IRCDUS) owns and maintains approximately 82
miles of gravity sewer mains. Some of these mains are approximately sixty (60) years old and are in
need of replacement or restoration. Staff elected to restore six (6) brick manholes within the Ixora
Park Subdivision that were constructed in 1959. Staff initially budgeted the subject work to be done
utilizing Glass-Fiber Reinforced Polyester (FRP) liner, which has been used in the past at lift stations.
Once we evaluated the in-situ conditions, staff realized the FRP method of rehabilitating these
manholes will cost twice the amount budgeted for the following reasons:
• FRP lining system will require the removal of the cone. Given that the existing cone is brick,
we may have to construct new cones.
• Removing and replacing the cones will require road restoration. Given that the base has
failed around the manholes, sub-grade and base work may have to be restored.
• Extensive maintenance of traffic (MOT) will be required for this process, which may escalate
the estimated cost.
Therefore, for all the reasons stated.above, Engineering and Operations staff evaluated an epoxy
coating system as an alternative to the installation of the FRP liner system.
ANALYSIS:
Staff requested that Carollo Engineers Inc., who has had experience with this coating system at
various locations in Florida, prepare a proposal for Professional Services to assist the County in
preparing the technical specifications for the subject application and limited quality control/training
of Operations staff. The work order will be provided in accordance with the Extension and
Amendment of the Continuing Services Contract Agreement for Professional Services with Carollo
Engineers, Inc., dated November 4, 2014. The scope is more specifically described in the attached
Work Order No. 1. The total negotiated cost for the engineering and application services to restore
the brick manholes is a lump sum amount of$47,200.00, separated into three (3) tasks.
29
FUNDING:
Funding for the Manhole Rehabilitation at Ixora Park Subdivision project is available in the Account
within the Utilities Operating Fund. Operating funds are derived from water and sewer sales.
ACCOUNT NO:
Description Account Number Amount
Manhole Rehabilitation-Ixora Park 47123536-044699-16523 $47,200.00
RECOMMENDATION:
Staff recommends approval of the attached Work Order No. 1 authorizing the above-mentioned
professional services and requests the Board to authorize the Chairman to execute the attached
Work Order No.1 on their behalf for a lump sum amount of$47,200.00 to Carollo Engineers, Inc.
ATTACHMENT(s):
Work Order No. 1 and supporting documents (2 Pages)
APPROVED RW AGEN
By: ( P�_c
JasonE. Br wn, County Administrator
For: July 12, 2016
Date
Indian River Co. App Date
Administration 7
Legal
Budget N/ jo
Utilities
Utilities-Finance -7 I v
F:\Utilities\UTILITY-Engineering\WASTEWATER\Lift Stations-Manholes\Admin\Agenda-Carollo WO No.l.docx
30
EXHIBIT A
W. O. NO. 1
BRICK MANHOLE REHABILITATION PROJECT
PURPOSE
The purpose of this Task Order is to describe the Scope of Services for the Brick Manhole
Rehabilitation Project.
The overall goal of the project is successfully rehabilitate brick manholes using a structural
epoxy coating system as an alternative to installation of a FRP liner system. An FRP liner
system requires that the cone section be removed and replaced causing significant public
disruption and added expense to the OWNER. The OWNER has selected six (6) of their worst
brick manholes for this project located within the Ixora Park Subdivision. This task order
includes the development of performance specifications, application services/inspection/quality
control testing of the rehabilitated manholes, and a brief summary technical memorandum.
ENGINEER'S SERVICES
ENGINEER's services include the following three tasks to complete this assignment. These
tasks are discussed in detail below.
• Task 1 - Performance Specification Development
• Task 2 -Application Services/Inspection/Quality Control Testing
• Task 3 - Technical Memorandum
TASK 1. PERFORMANCE SPECIFICATION DEVELOPMENT
ENGINEER will develop a performance specification to cover the brick manhole rehabilitation
utilizing a structural epoxy coating system.
Deliverables by ENGINEER for OWNER review and input:
• Performance specification
TASK 2. APPLICATION SERVICES/INSPECTION/QUALITY CONTROL
Subtask 2.1. Application Services
ENGINEER has selected the application of the structural epoxy coating system based on prior
successful experience rehabilitating brick manholes. ENGINEER will coordinate the application
services to perform the rehabilitation of the six (6) brick 48-inch diameter manholes. The
manhole locations and depth are listed below:
2534 2nd Street 10'-5"
Lift Station 100 12'
2464 1st Place 9'
2184 1st Place 7'
HAClientllndian River County\Contract\IRC 2016-TO2_doc 1
31
I
2413 2nd Street SW 8'
2413 2nd PI SW 6'
Owner will be responsible for any permits and debris removal .that may be required. No permits
are anticipated, since all work will be performed through the open manhole lid.
Subtask 2.2. Inspection
ENGINEER will perform limited on-site field inspection and train County inspectors on the steps
involved with the successful rehabilitation of brick manholes. Assume three days.
Subtask 2.3. Quality Control
ENGINEER will observe two quality control tests during subtask 2.2. The first is a spark testing
of the finished surface of each manhole to ensure that no pinholes exist. The second is
adhesion tests of two of the six manholes to ensure that the minimum adhesion test requirement
has been achieved. The test will be extended to failure to access the maximum adhesion that
was achieved. Costs associated with this task are included in subtask 2 2.
TASK 3. TECHNICAL MEMORANDUM
Subtask 3.1. Draft Technical Memorandum
At the completion of the manhole rehabilitation (Tasks 1 and 2), ENGINEER will produce a brief
draft technical memorandum (TM) summarizing the results of the project and distribute the TM
to OWNER for review and approval.
Subtask 3.3. Final Technical Memorandum
The ENGINEER will revise the draft TM as appropriate based on the OWNER's comments
received, and submit a Final TM.
Task 3 Deliverables:
Draft brief TM (PDF)
Final TM (PDF)
TIME OF PERFORMANCE
Completion of the services outlined above will be provided over the course of three months after
notice to proceed.
PAYMENT
OWNER shall pay ENGINEER for ENGINEER's Services, as delineated above, rendered under
a lump sum fee of $47,200 (Task 1- $3,125, Task 2.1- $32,175, Task 2.2- $9,260, Task 3-
$2,640).
H-\Client\Indian River County\Contract\IRC 2016-TO2_.doc 2
32
IN WITNESS WHEREOF, duly authorized representatives of the OWNER and of the
ENGINEER have executed this Work Order No. 1 evidencing its issuance by OWNER
and acceptance by ENGINEER
CAROLLO ENGINEERS, INC. BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY
Accepted this 12th day of July, 2016
By- By:
Robert S. Cushing, PhD, PE, DEE Bob Solari
Chairman
Attest: Jeffrey R. Smith, Clerk of Court and
By. Comptroller
Michael A. Fleury. P.E., B EE
By:
Deputy Clerk
Approv
Jason E7sto
ount dministrator
Approveformand legal ufficiency:
Dyla eingold, County Attorney
H:\Client\Indian River County\Contract\IRC 2016-W01_.doc 3
33
tonsent Agenda
ai
^� INDIAN RIVER COUNTY FLORIDA
DEPARTMENT OF UTILITY SERVICES
Date: June 22, 2016
To: Jason E. Brown, County Administrator
From: Vincent Burke, P.E., Director of Utility Services
Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager �o
Subject: West Wabasso Phase II Sewer and the East Gifford Drainage Project-CDBG
Grant: Resolution for Signature Authorization
DESCRIPTIONS AND CONDITIONS:
On December 1, 2015, the Indian River County Board of County Commissioners (BCC)approved the Federally-
Funded Sub-Grant Agreement — FFY 2014 Funding Cycle for Contract Number 16DB-OK-10-40-01-N 05 for the
West Wabasso Phase II Sewer and the East Gifford Drainage Project. As part of the grant application, BCC
approved Resolution 2015-071 on June 2, 2015 authorizing the Director of Utility Services to sign necessary
CDBG-related certifications in the absence of the Chairman. Since the Sub-Grant execution by the
Department of Economic Opportunity (DEO) on January 7, 2016, some minor changes'are in need. These
changes require the Chairman's signature, which means BCC approval.
ANALYSIS:
In the essence of time, efficiency and simplicity, staff recommends adopting a new resolution whereby
signature authority is granted to the Director for such items as the environmental review record, request for
release of funds, revisions to award certifications and required reports, amendments that do not change
activities, score or beneficiaries.
FUNDING:
No funds will be encumbered for the subject task.
RECOMMENDATION:
Staff requests the Board recommend the adoption of Resolution No.2016- .
ATTACHMENT(s):
1. •Resolution No. 2016-
APPROVED F GENDA: Indian River Co. ApprqueqDate
` ( ��� Administration ,
By. ! Legal
JasonVBron, County Administrator Budget ✓1'1 �6For: July 12Utilities
Date Utilities-Finance
F:\Utilities\UTILITY-Engineering\Projects-Utility Construction Permits\IRC-West Wabasso Community Sewer System Phase 2-UCP# 34
4117\Admin\BCC Items\Signature Authorization 6-23-16.docx
RESOLUTION NO. 2016-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY
DECLARING THE COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) PROGRAM, TO BE A
WORKABLE PROGRAM FOR PROVIDING
IMPROVEMENTS FOR LOW-TO-MODERATE INCOME
HOUSEHOLDS; AUTHORIZING THE CHAIRMAIN OR
UTILITIES DIRECTOR TO SIGN NECESSARY
DOCUMENTS FOR THE FLORIDA DEPARTMENT OF
ECONOMIC OPPORTUNITY INDIAN RIVER COUNTY
CDBG GRANT AGREEMENT AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Indian River County is experiencing a need for physical improvements to
benefit low-to-moderate income households; and
WHEREAS, the Community Development Block Grant program is a program that can
be utilized to provide needed physical improvements to benefit low-to-moderate income
households;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT:
Section 1. The above "WHEREAS" clauses are true and correct, and are hereby adopted
as findings of the Board of County Commissioners of Indian River County (the "Board").
Section 2. The Community Development Block Grant (the "CDBG")program is declared
to be a workable program for providing needed physical improvements to benefit low-to-
moderate income households indicated in the proposed Fiscal Funding Year (FFY) 2014 CDBG
application.
Section 3. Indian River County has entered into an agreement with the Florida
Department of Economic Opportunity for a Federally Funded Community Development Block
Grant.
Section 4. The Board directs the Chairman or the Utilities Director to sign all necessary
certifications required by the CDBG agreement and submit any additional information in a
timely manner as may be required by the FDEO award agreement or other State or Federal
request related to the CDBG award. This shall include, but not be limited to, the environmental
review record, request for release of funds, amendments that do not change activities, score or
beneficiaries, revisions to award certifications and required reports.
F'1Uribrier.bT/L/T1'-P:ngurm,q;/'rojerrs-0ihtv(-m>ncnm PsnmrsVRC-Ilea 11ibA Com,nu A-.Sr%erSw—Ph—I-UC/S�l/7.lr6mn'('UBG.�ynnm,r Remlurim-?0/6.d,c page 1 oft
35
RESOLUTION NO. 2016-
Section 5. That this Resolution shall take effect immediately upon its passage.
The foregoing resolution was moved for adoption by Commissioner , and
seconded by Commissioner , and, upon being put to a vote, the vote was as
follows:
Chairman Bob Solari
Vice Chairman Joseph E. Flescher
Commissioner Wesley S. Davis
Commissioner Tim Zorc
Commissioner Peter D. O'Bryan
The Chairman thereupon declared the resolution duly passed and adopted this day
of June, 2016.
ATTEST: Jeffrey R. Smith, Clerk of Court BOARD OF COUNTY COMMISSIONERS OF
and Comptroller INDIAN RIVER COUNTY,FLORIDA
By: By:
Deputy Clerk Bob Solari, Chairman
BCC approval date:_ July , 2016
Approved as to form and le 1 sufficiency:
By:
Dyla eingold, County Attorney
F-ILriliaer�CT//J7T-t.-ngimen Vhojcna-O&A--nn—d—N-1r]RC-IV—li irAnsu,t•—in-Se—Siv-,Phan?-C(77!!!P-�dnin'CORC:9gnnmm Rrndwiwr?0/6.doc Page 2 of 2
36
CONSENT AGEnND, A
INDIAN RIVER COUNTY
OFFICE OF MANAGEMENT AND BUDGET v
PURCHASING DIVISION
DATE: June 30, 2016
TO: BOARD OF COUNTY COMMISSIONERS
THROUGH: Jason E. Brown, County Administrator
S
Mike Smykowski Budget Director
FROM: Jennifer Hyde, Purchasing Managele
SUBJECT: Approval of Award for Bid 2016031—South County WTP Well Number 7, Well,
Wellhead and Appurtenances and Floridan Aquifer Wells Rehab Project
BACKGROUND:
The Department of Utility Services requested the solicitation of sealed bids for the construction of
a new 16-inch diameter Upper Floridan Aquifer production well, including all appurtenances, as
well as the rehabilitation of production wells 3, 4, 5 and 6. Water produced by the wells is
transported by mains to the South County RO WTP.
BID RESULTS:
Bid Opening Date: June 10, 2016
Advertising Date: April 27, 2016
Demandstar Broadcast to: 464 Subscribers
Specifications/Plans Downloaded by: 46 Vendors
Replies: 5 Vendors
<y;•s.�ixK•K-Y.� -
�„Bidder, �{z= - �:rv. � r'il"�.r�: ;L�ocat�ion �m' y�,� ��-=�' �;;_, � Total�.Bid�=��»� ti��•;��-t
��,iRR:aF.X:%'.(. .�.�."C-i Yt�J.4.'A'{c.2. 'Tk..=:. "_'�.',s n��:_ _'_•`,Y,� -s
All Webbs Enterprises, Inc. Jupiter $1,477,360.00
Florida Design Drilling West Palm Beach DQ*
Layne Christensen Company Pensacola $2,798,966.00
Rowe Drilling Company, Inc. Tallahassee $1,751,075.00
Southeast Drilling Services, Inc. Hypoluxo $1,886,600.00
*Florida Design Drilling submitted an unexecuted bid form and was disqualified.
ANALYSIS:
The Department of Utility Services and its consulting engineer, Kimley-Horn and Associates (KHA)
have reviewed the bids received and the department has made its recommendation of award to
the lowest, responsive and responsible bidder, All Webbs Enterprises, Inc. for the total contract
amount of $1,477.360.00. The low bid is below the engineer's opinion of probable cost of
$1,698,000.00.
37
CONSENT AGENDA
SOURCE OF FUNDS:
Funding in the amount of $1,477,360.00 are available in the capital account (471-169000-14506)
within the operating fund. The operating fund is derived from water and sewer sales.
RECOMMENDATION:
Staff recommends the Board award Bid 2016031 to All Webbs Enterprises, Inc. Staff further
recommends the Board approve the attached agreement and authorize the Chairman to execute it
upon: review and approval by the County Attorney as to form and legal sufficiency, the approval of
the required Public Construction Bond by the County Attorney, and the review and approval of the
required insurance by Risk Management.
Attachment:
Agreement
APPROVED AGE ITEM
Indian River Co App v Da
BY:
Admin -71,Mle
Jason E. B own County A ministrator Legal
Budget
Department
FOR: July 12, 2016 Risk
38
Agreement
Bid No. 2016031
South County Water Treatment Plant Well No. 7, Well, Wellhead and Appurtenances and
South and South Oslo Road Water Treatment Plant Floridan Aquifer Wells Rehabilitation
Project
THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State
of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER)
All Webbs Enterprises, Inc. (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
ARTICLE 1 - WORK
1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents as
set forth in Article 8 of this Contract. The Work is generally described as follows:
Contractor as an independent contractor and not as an employee shall furnish and complete all of
the necessary labor, material and equipment to perform the work as specified or indicated in the
Contract Documents and per FDEP, the Indian River County Department of Utility Services and
County Engineering Department standards. The work is generally described as follows:
The proposed work generally consists of furnishing all labor, materials, tools and equipment to
construct a 16-inch diameter Upper Floridan Aquifer production well to a depth of approximately 700
feet below land surface, including pump assembly, electrical panel, telemetry equipment, discharge
piping (including valves, flowmeter and fittings), pedestal, housekeeping pad, and pipe supports. All
work will include maintaining traffic control, complete restoration and all other appurtenant and
miscellaneous related items and work for a completed project. It is the intent of the Indian River
County Department of Utility Services to obtain complete and working installations under this contract
and any items of labor, equipment, and materials that may reasonably be assumed as necessary to
accomplish this end shall be supplied whether or not they are specifically stated herein. All work as
shown on the construction plans will be done in accordance with the Indian River County Department
of Utility Services Water & Wastewater Utility Standards, (December 2015) or latest edition, unless
specified differently in the individual Work Authorizations or changed by the Engineer or his
representative. The work is located in the South County Park directly east of the South County Water
Treatment Plant on 20th Avenue, North of Oslo Road.
The construction of the utility improvements described above shall also consist of, but not limited to:
resetting of existing facilities disturbed during construction; utilities exploration; coordination with any
permitting agencies; trenching; clearing and tree removal, dewatering; installation of pipe, structures
and all appurtenances; fittings and restrainers; soil backfill compaction; testing; (including backfill and
subgrade testing); road, landscape and driveway restoration; re-grading and grassing (sod);
mobilization, demobilization and traffic control. No excavation shall be left open when work is not
actively being performed. Construction fencing used in the work area shall not block sight distance
near intersections or driveways. All construction equipment and materials shall be stored in a manner
that does not disrupt park operations.
Section 00530-1
39
The Contractor is responsible for obtaining a St. Johns River Water Management District Well
Construction Permit and filing the corresponding well completion report. The County has obtained the
necessary Consumptive Use Permit and Florida Department of Environmental Protection Potable
Water System Component Permit.
ARTICLE 2 - THE PROJECT
2.01 The Project for which the Work under the Contract Documents may be generally described as
follows:
Project Name: South County Water Treatment Plant Well No. 7, Well, Wellhead and
Appurtenances and South Oslo Road Water Treatment Plant Floridan
Aquifer Wells Rehabilitation Project
Bid Number: 2016031
Project Address: South County Park, 2011 Avenue and Oslo Road.
ARTICLE 3—TERM AND CONTRACT TIMES
3.01 The CONTRACTOR shall be substantially completed with the following timeframe
(a) Within 120 calendar days from effective date of Notice to Proceed, Contractor shall
complete the following tasks:
1. Obtain all necessary permits.
2. Receive approved shop drawings for all materials and equipment to be
utilized in the job.
3. Perform all photographic recording and documentation of conditions prior to
construction:
4. Locate all existing utilities in the area of work.
5. Mobilize all labor, equipment, and materials.
6. Deliver and store all equipment and materials to the job site.
8. Notify all utilities and other affected parties prior to initiating construction.
9. Construct and equip well, complete concrete work, and install electrical and
telemetry components.
10. Complete all geophysical logging and pump testing.
(b) Completion of all tasks outlined above (i.e., Subparagraphs a) and b) constitutes
Substantial Completion.
(c) From 120 calendar days to 150 calendar days from the effective date of Notice to
Proceed, the CONTRACTOR shall complete the following tasks:
1. Clean up project area.
2. Remove all equipment and material from project site.
3. Perform contract closeout procedures.
3.02 Completion of all tasks outlined above(i.e., Subparagraphs a, b, and c)constitute Final
Completion.
3.03 Liquidated Damages
Section 00530-2
40
CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that
OWNER will suffer financial loss if the Work is not completed within the times specified in
paragraph 3.01 above, plus any extensions thereof allowed in writing as a change order to this
Agreement. The parties also recognize the delays, expense, and difficulties involved in proving
in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on
time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that
as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER
$450.00 for each calendar day that expires after the time specified in paragraph 3.01 for
completion and readiness for final payment until the Work is completed and ready for final
payment.
ARTICLE 4 - CONTRACT PRICE
4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal
to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph
4.01.6, below:
A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit.
B. THE CONTRACT SUM subject to additions and deductions provided in the Contract
Documents:
Numerical Amount: $1,477,360.00
Written Amount: one million four hundred seventy-seven thousand three hundred sixty
dollars and zero cents.
ARTICLE 5 - COMPENSATION
CONTRACTOR shall submit Applications for Payment on a monthly basis. Applications for Payment
will be processed by ENGINEER as provided in the Contract Documents.
5.1 Progress Payments. The OWNER shall make progress payments to the CONTRACTOR on the
basis of the approved partial payment request as recommended by ENGINEER in accordance
with the provisions of the Local Government Prompt Payment Act, Florida Statutes section
218.70 ET. seq. The OWNER shall retain ten percent(10%)of the payment amounts due to the
CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%)
completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER
shall retain five percent(5%)of the payment amount due to CONTRACTOR until final completion
and acceptance of all work to be performed by CONTRACTOR under the Contract Documents.
Pursuant to Florida Statutes section 218.735(8) (b), fifty percent (50%) completion means the
point at which the County as OWNER has expended fifty percent (50%) of the total cost of the
construction services work purchased under the Contract Documents, together with all costs
associated with existing change orders and other additions or modifications to the construction
services work provided under the Contract Documents.
5.2 Pay Requests. Each request for a progress payment shall be submitted on the application for
payment form supplied by OWNER and the application for payment shall contain the
CONTRACTOR's certification. All progress payments will be on the basis of progress of the work
Section 00530-3
41
measured by the schedule of values established, or in the case of unit price work based on the
number of units completed. After fifty percent(50%)completion, and pursuant to Florida Statutes
section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER
for up to one half (1/2) of the retainage held by the County as OWNER, and the County as
OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the
subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section
255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or the
CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to
the labor, services, or materials supplied by one or more subcontractors or suppliers, the
Contractor shall timely remit payment of such retainage to those subcontractors and suppliers.
Pursuant to Florida Statutes section 218.735(8) (c) (2005), CONTRACTOR further
acknowledges and agrees that: 1)the County as OWNER shall receive immediate written notice
of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater
than five percent (5%) after fifty percent(50%)completion; and 2) CONTRACTOR will not seek
release from the County as OWNER of the withheld retainage until the final pay request.
5.3 Acceptance of Final Pavment as Release. The acceptance by the CONTRACTOR of final
payment shall be and shall operate as a release to the OWNER from all claims and all liability
to the CONTRACTOR other than claims in stated amounts as may be specifically excepted
by the CONTRACTOR for all things done or furnished in connection with the work under this
Contract and for every act and neglect of the OWNER and others relating to or arising out of
the Agreement. Any payment, however, final or otherwise, shall not release the
CONTRACTOR or its sureties from any obligations under the Contract Documents or the
Payment and Performance Bonds.
ARTICLE 6— INSURANCE AND INDEMNIFICATION
6.01 The CONTRACTOR shall not commence work on this Agreement until it has obtained all
insurance required under this Agreement and such insurance has been approved by the COUNTY's
Risk Manager.
6.02 CONTRACTOR shall procure and maintain, for the duration of this Agreement, the minimum
insurance coverage as set forth herein. The cost of such insurance shall be included in the
CONTRACTOR's fee:
A. Workers' Compensation: To meet statutory limits in compliance with the Workers'
Compensation Law of Florida. This policy must include employers' liability with a limit
$1,000,000 for each accident, $500,000 disease policy limit and $100,000 disease each
employee. Such policy shall include a waiver of subrogation as against Owner on account
of injury sustained by an employee(s) of the CONTRACTOR.
B. General Liability: A per occurrence form policy, including Premise Operations, Independent
Contractors, Products and Completed Operations including X, C, U (Explosion, Collapse,
Underground) Broad Form Property Damage, Broad Form Property Damage Endorsement,
with a combined single limit of not less than $1,000,000 general aggregate to include
products/completed operations, personal injury/advertising liability, fire damage /legal
liability, and medical payments. Limits can be layered with an Excess Liability Policy
(Umbrella).
C. Business Automobile Liability: Coverage shall include Owned vehicles and Hired/Non-
Owned vehicles, for a combined single limit (bodily injury and property damage) of not less
than $1,000,000/combined single limit (Bodily Injury/Property Damage); personal injury
protection -- statutory limits; $300,000 uninsured/underinsured motorist;
Section 00530-4
42
$300,000/hired/non-owned auto liability. Limits can be layered with Excess Liability Policy
(Umbrella).
6.03 Contractor's insurance coverage shall be primary.
6.04 All required insurance policies shall be placed with insurers licensed to do business in
Florida and with a Best's rating of A-VII or better.
6.05 The insurance policies procured shall be occurrence forms, not claims made policies with
the exception of professional liability.
6.06 A certificate of insurance shall be provided to the COUNTY's Risk Manager for review and
approval, ten (10) days prior to commencement of any work under this Agreement. The COUNTY
shall be named as an additional insured on all policies except workers' compensation and
professional liability.
6.07 The insurance companies selected shall send written verification to the COUNTY's Risk
Manager that they will provide 30 days prior written notice to the COUNTY's Risk Manager of its
intent to cancel or modify any required policies of insurance.
6.08 CONTRACTOR shall include all Subcontractors as insured under its policies or shall furnish
separate certificates and endorsements for each Subcontractor. All coverages for Subcontractors
shall be subject to all of the requirements stated herein.
6.09 The COUNTY, by and through its Risk Manager, reserves the right periodically to review any
and all policies of insurance and to reasonably adjust the limits of coverage required hereunder,
from time to time throughout the term of this Agreement. In such event, the COUNTY shall provide
the CONTRACTOR with separate written notice of such adjusted limits and CONTRACTOR shall
comply within thirty (30)days of receipt thereof. The failure by CONTRACTOR to provide such
additional coverage shall constitute a default by CONTRACTOR and shall be grounds for
termination of this Agreement by the COUNTY.
6.10 The CONTRACTOR shall indemnify and hold harmless the COUNTY, and its officers and
employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable
attorneys' fees, arising out of or related to the negligence, recklessness, or intentionally wrongful
conduct of the CONTRACTOR and other persons employed or utilized by the CONTRACTOR in
the performance of this Agreement.
ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS
7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
representations:
A. CONTRACTOR has examined and carefully studied the Contract Documents and the other
related data identified in the Invitation to Bid documents.
B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general,
local, and Site conditions that may affect cost, progress, and performance of the Work.
C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and
Regulations that may affect cost, progress, and performance of the Work.
D. CONTRACTOR has obtained.and carefully studied (or assumes responsibility for having done
so) all additional or supplementary examinations, investigations, explorations, tests, studies,
Section 00530-5
43
and data concerning conditions (surface, subsurface, and Underground Facilities) at or
contiguous to the Site which may affect cost, progress, or performance of the Work or which
relate to any aspect of the means, methods, techniques, sequences, and procedures of
construction to be employed by CONTRACTOR, including applying the specific means,
methods, techniques, sequences, and procedures of construction, if any, expressly required by
the Contract Documents to be employed by CONTRACTOR, and safety precautions and
programs incident thereto.
E. CONTRACTOR does not consider that any further examinations, investigations, explorations,
tests, studies, or data are necessary for the performance of the Work at the Contract Price,
within the Contract Times, and in accordance with the other terms and conditions of the Contract
Documents.
F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others
at the Site that relates to the Work as indicated in the Contract Documents.
G. CONTRACTOR has correlated the information known to CONTRACTOR, information and
observations obtained from visits to the Site, reports and drawings identified in the Contract
Documents, and all additional examinations, investigations, explorations, tests, studies, and
data with the Contract Documents.
H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or
discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written
resolution thereof by OWNER is acceptable to CONTRACTOR.
I. The Contract Documents are generally sufficient to indicate and convey understanding of all
terms and conditions for performance and furnishing of the Work.
ARTICLE 8 - CONTRACT DOCUMENTS
8.01 The Contract Documents consist of the following:
A. This Agreement
B. Certificate of Liability Insurance
C. Invitation to Bid 2016031
D. Addenda (numbers 1 to 2 , inclusive);
E. CONTRACTOR'S Bid Form
F. Bid Bond
G. 00431 Schedule of Subcontractors
H. 00452 Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure
of-Relationships
I. 00454 Sworn Statement Under the Florida Trench Safety Act
Section 00530-6
44
J. 00456 General Information Required of Bidders
K. Specifications bearing the title "Part A - South County Water Treatment Plant Well No 7
Well, Wellhead and Appurtenances"
L. Specifications bearing the title "Part B — South Oslo Road Water Treatment Plant Floridan
Aquifer Wells Rehabilitation Project Technical Specifications"
M. Drawings (1-15), inclusive with each sheet bearing the following general title "Well No. 7 at
South County Water Treatment Plant Well Wellhead and Appurtenances" dated
March 2016
N. Exhibit E-1 bearing the title "Site Plan and Formation Water Temporary Piping Plan"
O. Public Construction Bond
P. Notice to Proceed
ARTICLE 9 - MISCELLANEOUS
9.01 Independent Contractor. It is specifically understood and acknowledged by the parties hereto
that the CONTRACTOR or employees or Subcontractors of the Contractor are in no way to be
considered employees of the COUNTY, but are independent contractors performing solely under the
terms of the Agreement and not otherwise.
9.02 Invitation to Bid. It is specifically understood and acknowledged by the parties hereto that all of
the requirements set forth in the Invitation to Bid dated April 2016 (including addenda 1 and 2) shall be
incorporated herein.
9.03 Merger; Modification.This Agreement, incorporates and includes all prior and contemporaneous
negotiations, correspondence, conversations, agreements or understandings applicable to the matters
contained herein and the parties agree that there are no commitments, agreements, or understandings
of any nature whatsoever concerning the subject matter of the Agreement that are not contained-in this
document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon
any prior or contemporaneous representations or agreements, whether oral or written. No alteration,
change, or modification of the terms of this Agreement shall be valid unless made in writing and signed
by the CONTRACTOR and the OWNER.
9.04 Governing Law; Venue. This Agreement, including all attachments hereto, shall be construed
according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the
other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the
event of federal jurisdiction, in the United States District Court for the Southern District of Florida.
9.05 Remedies; No Waiver. All remedies provided in this Agreement shall be deemed cumulative
and additional, and not in lieu or exclusive of each other or of any other remedy available to either party,
at law or in equity. Each right, power and remedy of the parties provided for in this Agreement shall be
cumulative and concurrent and shall be in addition to every other right, power or remedy provided for
in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The failure
of either party to insist upon compliance by the other party with any obligation, or exercise any remedy,
does not waive the right to so in the event of a continuing or subsequent delinquency or default. A
party's waver of one or more defaults does not constitute a waiver of any other delinquency or default.
Section 00530-7
45
If any legal action or other proceeding is brought for the enforcement of this Agreement or because of
an alleged dispute, breach, default or misrepresentation in connection with any provisions of this
Agreement, each party shall bear its own costs.
9.06 Severability. If any term or provision of this Agreement or the application thereof to any person
or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this
Agreement, then the application of such term or provision to persons or circumstances other than those
as to which it is held invalid or unenforceable shall not be affected, and every other term and provision
of this Agreement shall be deemed valid and enforceable to the extent permitted by law.
9.07 Availability of Funds. The obligations of the OWNER under this Agreement are subject to the
availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of
Indian River County.
9.08 No Pledge of Credit. The CONTRACTOR shall not pledge the OWNER's credit or make it a
guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of
indebtedness.
9.09 Public Records. Indian River County is a public agency subject to Chapter 119, Florida
Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor
shall:
A. Keep and maintain public records required by the County to perform the service.
B. Upon request from the County's Custodian of Public Records, provide the County with a copy
of the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided
by law.
C. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the contractor does not transfer the
records to the County.
D. Upon completion of the contract, transfer, at no cost, to the County all public records in
possession of the Contractor or keep and maintain public records required by the County to
perform the service. If the Contractor transfers all public records to the County upon
completion of the contract, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the
contractor keeps and maintains public records upon completion of the contract, the Contractor
shall meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the County, upon request from the Custodian of Public
Records, in a format that is compatible with the information technology systems of the County.
E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT:
(772) 226-1424
Section 00530-8
46
publicrecords@ircgov.com
Indian River County Office of the County Attorney
180127 1h Street
Vero Beach, FL 32960
F. Failure of the Contractor to comply with these requirements shall be a material breach of this
Agreement.
9.10 Notices. Any notice, request, demand, consent, approval, or other communication required or
permitted by this Agreement shall be given or made in writing and shall be served, as elected by the
party giving such notice, by any of the following methods: (a) Hand delivery to the other party; (b)
Delivery by commercial overnight courier service; or(c) Mailed by registered or certified mail (postage
prepaid), return receipt requested at the addresses of the parties shown below:
County: Indian River County
Attn: Arjuna Weragoda, P.E.
1801 271h Street
Vero Beach, FL 32960
Contractor: All Webbs Enterprises, Inc.
David Webb, Jr.
309 Commerce Way
Jupiter, FL 33458
Notices shall be effective when received at the address as specified above. Facsimile
transmission is acceptable notice effective when received, provided, however, that facsimile
transmissions received (i.e., printed) after 5.00 p.m. or on weekends or holidays, will be deemed
received on the next day that is not a weekend day or a holiday. The original of the notice must
additionally be mailed. Either party may change its address, for the purposes of this section, by written
notice to the other party given in accordance with the provisions of this section.
9.11 Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be
performed by CONTRACTOR shall survive the termination or expiration of this Agreement.
9.12 Construction. The headings of the sections of this Agreement are for the purpose of convenience
only, and shall not be deemed to expand, limit, or modify the provisions contained in such Sections. All
pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter,
singular or plural, as the identity of the party or parties may require. The parties hereby acknowledge
and agree that each was properly represented by counsel and this Agreement was negotiated and
drafted at arm's length so that the judicial rule of construction to the effect that a legal document shall
be construed against the draftsperson shall be inapplicable to this Agreement
9.13 Counterparts. This Agreement may be executed in one or more counterparts, each of which
shall be deemed to be an original copy and all of which shall constitute but one and the same instrument.
9.14 Sovereign Immunity. Nothing in this Agreement is intended to, or shall be interpreted to,
constitute a waiver or limitation of the OWNER's sovereign immunity.IN WITNESS WHEREOF,
OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been
Section 00530-9
47
delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed
or identified by OWNER and CONTRACTOR or on their behalf.
This Agreement will be effective on July 12, 20 16 (the date the Contract is approved by the Indian
River County Board of County Commissioners, which is the Effective Date of the Agreement).
OWNER: CONTRACTOR:
INDIAN RIVER COUNTY
By: By-
Bob Solari, Chairman (Contractor)
By: (CORPORATE SEAL)
Jason E. Brown, County Administrator
Attest
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
By:
Dylan Reingold, County Attorney Address for giving notices:
Jeffrey R. Smith, Clerk of Court and Comptroller
License No.
Attest: (Where applicable)
Clerk of Court and Comptroller
(SEAL) Agent for service of process:
Designated Representative:
Name: Designated Representative:
Title: Name:
Contact Info: Title:
Address:
Phone:
Facsimile:
(If CONTRACTOR is a corporation or a partnership,
attach evidence of authority to sign )
Section 00530-10
48
1�-P,-
Consent Agenda-B.C.C. 7.12.16
�t1YEk Ofce of
INDIAN RIVER COUNTY
ATTORNEY
*�LORt�P
Dylan Retngold,County Attorney
William K.DeBraal,Deputy County.attorney
Kate Pmgolt Cotner,Assistant County Attorney
MEMORANDUM
TO: Board of County Commissioners
FROM: Kate Pingolt Cotner, Assistant County Atto
DATE: July 5, 2016
SUBJECT: Authorization for Out-of-County Travel to Attend the 30th Annual Environmental
Permitting Summer School
BACKGROUND: Authorization is requested for out-of-county travel for County Commissioners, the
Assistant County Attorney, and County staff to attend the 30th Annual Environmental Permitting Summer
School from July 201h-22"d in Orlando, Florida. This seminar will provide useful information on the
implementation of the State of Florida's new water policy which was signed into law by Governor Scott
on January 21, 2016 (SB 552). The new water policy calls for (a) a comprehensive plan to restore the
State of Florida's springs, (b) the protection of the Florida's Everglades, (c) an increase in information
and access to public lands, and (d) the creation of a transparent process to address water quality and
quantity projects. Over the next year, the Florida Department of Environmental Protection, and its
respective water management districts, will be creating rules and regulations to implement the new water
policy. It is important for Indian River County to be engaged in this process to promote its water quality
issues and projects.
FUNDING: The registration cost for the environmental permitting conference is $575.00, and the hotel
for July 20, 2016, and July 21, 2016, is estimated to cost $165.00 per night.
RECOMMENDATION: The Board authorize County Commissioners, the Assistant County Attorney
and County Staff to attend the 30th Annual Environmental Permitting Summer School.
ATTACHMENT(S).
A copy of the 30th Annual Environmental Permitting Summer School brochure and topic descriptions is
attached.
Approved for July 12, 2016 BCC Meeting Indian River Co. Appr v Date
Consent Agenda Admin. � R� f1k
Co.Atty
Budget
Department —
COUNTY ATTORNEY Risk Management --- -
49
7/612016 Attendee Overview&Registration—Florida Environmental Network
Orlando Florida
I u; 2,2G, -
F
days hrs min
ABOUT ENGAGE- PROGRAMS A T TENS)
In7f0&Resoutce5 Sponsor&Exhibit Sessions&Speukpf.s Regiswolion C; TrovEl
Attendee Overview & Registration
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Register-as an Attendee -----_----------------
Sign up
Welcome to the Florida Chamber's 30th Annual
Environmental Permitting Summer School
This conference is produced by Florida Environmental Network,Inc.,under licensing agreement with
the Florida Chamber Foundation.
The Environmental Permitting Summer School begins on Wednesday,July 20 and concludes on
Friday,July 22.
Choose a personalized curriculum by selecting 10 out of 74 offered courses.Take advantage of the
Chamber's unique"break-out'format,which provides for small class sizes and the opportunity to
interact with other attendees and instructors.Earn continuing education credits and enjoy numerous
opportunities to network in a relaxed social setting with the leadership of Florida's environmental
community In addition,you may register for the one of our Early Bird Discussion Sessions.
Location
Marriott World Center Resort,Orlando,Florida
Hotel Reservations
Hotel Reservations.can be made by clicking here or calling the Marriott World Center at 888-789-
3090.Be sure to identify yourself as a Florida Chamber Summer School participant to take advantage
of the special group rate of$165.
Course Materials
The course materials provided for this conference cover all breakout sessions.The course materials
are included in your registration fee and will be posted on an FTP site following the conference.
Access information will be forwarded to all attendees following the conference.
Registration Fees
Environmental Permitting Summer School begins on Wednesday,July 20 at 8:00 a.m.and concludes
on Friday,July 22 at 12:10 p.m.The fee for members of the Florida Chamber is$545 and for non-
members 8575.Registration fee includes course materials from all sessions accessible from an FTP
site,continental breakfasts,refreshment breaks,one lunch,reception,other social functions and a
Summer School t-shirt.There are three Early Bird Discussion Sessions being offered on Tuesday,July
i50
httpJ/floridaenet.com/registration-attendees/ 1/4
7/6/2016 Attendee Overview&Registration—Florida Environmental Network
i 19 from 1:00-5:00 p.m.Early Birds cannot be taken as a stand alone course.Summer School
I
attendees can attend one of the early bird discussion sessions for an additional fee of$75.
REFUND POLICY
I 90%refund if notified prior to June 22
50%refund if notified between June 23-June 29
i No refund if notified afterJune 29
SUBSTITUTIONS WELCOMED
Continuing Education
FLORIDA BAR-Summer School participants will have the opportunity to earn Continuing Legal
Education credits through the Florida Bar's Designation Plan. The summer school has applied for 21
hours of general credit. Course and provider numbers will be provided at the conference.
ENGINEERS-Approved provider(0003339)of continuing education credits for registered engineers
through the Florida Board of Professional Engineers.Engineers can receive 13 PDHs by attending the
Summer School program.Applicable forms will be available at the conference for those wishing to
apply for credit.
FLORIDA BOARD OF ARCHITECTURE-Individuals may apply for architect credit through DPBR by
submitting a copy of this brochure,individual class schedule,certificate of attendance,and$25 fee to
DPBR,Board of Architecture and Interior Design,1940 N.Monroe Street,Northwood Center,
Tallahassee,FL 32399-0751.
LICENSED ENVIRONMENTAL PROFESSIONALS-This course has qualified for continuing education
(CE)credits through the International Society of Technical and Environmental Professionals,Inc.
(INSTEP).Credits apply to those currently registered by this association.Participants will receive 1 CE
i credit for every actual hour of instruction.LEP s may enter their credits on the LEP Center Section of
the INSTEP website.
Schedule of Events
Day 1 : Tuesday JULY 19,2016
11:00am- 1.00pm EARLY BIRD ON-SITE REGISTRATION
1 1:00am-:1 0-77 SUMMER SCHOOL EARLY REGISTRATION
I�00pm-s7p7CONCURRENT"EARLY BIRD"DISCUSSION
SESSIONS(additional fee required)
Early Bird"A"-Facing Florida's Water Challenges
Early Bird"B"-Extreme Environmental People Skills
Early Bird"C"-Board Laws and Rules for Engineers
Early Bird"D"-Exclusive Tour of Disney's Reedy Creek
Improvement District
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7.00am--5.451)nt SUMMER SCHOOL ON-SITE REGISTRATION&CHECK IN
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8:00am—8:30am OPENING SESSION-WELCOME REMARKS
Moderator-Herschel Vinyard,Foley&Lardner
FIRST SERIES OF COURSES
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la-10,1111- 10 30a: REFRESHMENT BREAK Exhibit Hall
10:30am— 12.10pm SECOND SERIES OF COURSES
12:10pni— 17-3-0-1)77-1 LUNCHEON-Roundtable Discussion"Moving Forward
Under DEP's Current Leadership Team"
Keynote Speakers:SecretaryJon Steverson,Chief of Staff Lennie
Zeiler,Deputy Secretaries Paula Cobb,Drew Bartlett and Gary
Clark and General Counsel Craig Vorn,Florida Department of
Environmental Protection
1.30pm--3.10pn1 THIRD SERIES OF COURSES
3:1Opnn--3.301)nt REFRESHMENT BREAK Exhibit Hall
3:30pm—5 10111; FOURTH SERIES OF COURSES
5. 0pn—6.30Um OPENING RECEPTION Exhibit Hall j
Day 3: Thursday JULY 21,2016
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8:30am --1010a11) FIFTH SERIES OF COURSES
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10 l Dant—i 0:30ant REFRESHMENT BREAK Exhibit Hall i
10:30ain-- 12:i Cpnt SIXTH SERIES OF COURSES
?:10pnt-- i.30pnt LUNCHEONAND DOOR PRIZE DRAWINGS BY SPONSORS
AND EXHIBITORS
1.30pnt—3 10prn SEVENTH SERIES OF COURSES
1 3 10pm—3:30pn; REFRESHMENT BREAK Exhibit Hall
3:30pm—5 (T)7, EIGHTH SERIES OF COURSES
Day 4: Friday JULY 22,2015
.30am—8:30am CONTINENTAL BREAKFAST Exhibit Hall j
8:30atn—10 10ant NINTH SERIES OF COURSES
10-10arn— ,0 30am REFRESHMENT BREAK Exhibit Hall I
10:30am—12 i Opm TENTH SERIES OF COURSES
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7/6/2016 Who Should Attend?—Florida Environmental Network
Orlando,Ror;da
1.
days hrs min
ABOUT ENGAGE PROGRAMS .ATTEND
Info u Resources Sponsor Exluhit Sessions&speakers kegrsrraiion&Trovei
Who Should Attend?
The Environmental Permitting Summer School has been held for the past 28 consecutive years and is Get Weekly News via Email
attended by more than 850 attorneys,consultants,engineers,state and local government officials,
developers,landowners and others with a strong interest in environmental issues in Florida. Email address:
Our programs feature a unique"break-out'format and are substantially revised and updated each Your email address _I
year to afford the most advanced and current instruction available on Florida's environmental,energy
and growth management laws,rules and programs.
Sign up
Attorneys Builders and Contractors
Architects Business and Industry
Landscape Architects Engineers
Surveyors and Mappers Planners
Environmental Managers Realtors
Elected Officials Landowners
Property Appraisers Developers
Property Assessors Citizen Groups
Local Government Agribusiness
Environmental Consultants Tax Assessors
Local Chambers Economic Development Councils
Water Management Districts
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Orlando,Ronda
!uiy 15-22.-016
days hrs min
ABOUT ENGAGE PROGRAMS ATTEND
Info&Resources Spo;;Sor&Exhibit sessions&speokrus Reg,so-otion&Trove/
Topic Descriptions
2016 Curriculum Get Weekly News via Email
EARLY BIRD SESSIONS Email address:
EARLY BIRD"A":FACING FLORIDA'S WATER CHALLENGES 1 Your email address
I
Florida's revitalized business environment,vibrant agricultural base,and world class tourism industry
Sign!:p
continues to attract growth.State experts predict that Florida's population may increase by 25%or
more over the next twenty years. Although the State has significant water resources,traditional
groundwater supplies in some regions of the State are not sufficient to meet all water use sectors'
projected demands. In 2016,the Florida Legislature again endeavored to take steps to further ensure
that water supply and water quality protection infrastructure will be in place to meet the growing
demands of all economic sectors. The Legislature also continued to evaluate the State's
implementation of science-based regulatory programs for protecting and restoring water quality and
water flow in state springs,the Northern Everglades,and other state waters of significant concern.
This panel of public sector,private sector,and environmental advocacy representatives will address
the Florida Legislature's current approach to investing the revenue provided through Florida's Water
and Land Legacy Constitutional Amendment and also analyze the key water legislation that passed,
the bills that didn't,and what it all means for Florida's economy and environment.Instructors:
Herschel Vinyard(Moderator),David Childs,Ryan Matthews,Pete Antonocci(invited),Adam Basford,Eric '
Draper,Temperince Morgan,Stephen James,Rep.Katie Edwards,Chuck Drake
EARLY BIRD"B":EXTREME ENVIRONMENTAL PEOPLE SKILLS
One of the most popular sessions we offer has been redesigned into an"Early Bird"session in order
to provide for an even more enjoyable and instructional experience!The ultimate panel discussion
for the environmental professional who desires to take on and resolve complex and controversial
environmental disputes.The panel will focus on the importance of interpersonal skills,
communication skills,the ability to resolve conflict and defuse contentious situations,effectively
bringing together stakeholders to create complete solutions,how to persuade people,and what to do
when it's"in the lawyers'hands"!This course is presented by a panel of experts from diverse
disciplines,all experienced in designing and implementing processes for achieving"win-win"solutions
for their students,clients and the public.Participants will be presented with real life case studies of
successful problem solving techniques used in controversial environmental resource disputes,
foolproof tools and processes for developing and organizing successful presentations and
stakeholder meetings,and the secrets for good leadership,teamwork and consensus building.
Instructors:Kevin Hennessy(Moderator),Nandra Weeks,Jonathon Dain,Jessica Ireland,Dan DeLisi,Alan
Krischer
EARLY BIRD"C":BOARD LAWS AND RULES FOR ENGINEERS
This Florida Laws,Rules and Ethics course is designed to be presented in a 2-hour interactive small
group setting that helps to keep the practicing engineer up to date on the legal documents that
govern the practice of engineering in the state of Florida.The topics that will be covered in this course
will include the changes in the preceding biennium to Rule 61G15,Florida Administrative Code,as
well as the changes in Chapters 455 and 471 of the Florida Statutes.In addition,some of the most
recent individual disciplinary and unlicensed practice cases will be discussed in depth.The course will
include information as follows:
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• Chapter 455 of the Florida Statutes I
• Chapter 471 of the Florida Statutes
• Rule 61G15,Florida Administrative Code
• Disciplinary and unlicensed practice cases as conducted by the Florida Engineers Management
Corporation(FEMC)
Instructors: Michael Harding,George Powell
EARLY BIRD"D":EXCLUSIVE TOUR OF DISNEY'S REEDY CREEK IMPROVEMENT DISTRICT
Come join us for a VIP experience,provided exclusively for the Florida Chamber's Environmental
Permitting Summer School!The tour will begin with a brief history of the origins of the Reedy Creek
Improvement District,which was an extremely innovative way that Mr Walt Disney chose to create
what would become the world's largest theme park.Then,you will board a bus for a guided,behind-
the-scenes tour of"the busiest place in America"and learn how the District efficiently manages all the
needs of its largest tenant:Walt Disney World!Besides four theme parks,two water parks,one sports
complex,40,000 hotel rooms and hundreds of shops and restaurants,the District contains over 167
miles of roads,67 miles of waterways,a state of the art environmental laboratory,an electric power-
generating facility,a water treatment facility and an incredible recycling center!Sign up for the tour
quickly,before the limited number of spaces run out!Transportation to and from the Marriott World
Center is included.
BREAKOUT SESSIONS
•+OVERVIEW AND UPDATE*+
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A. FLORIDA'S ENVIRONMENT,WATER POLICY,THE 2016 LEGISLATURE AND BEYOND Absolutely
the most current and reliable information available on what the 2016 Legislature passed(or
considered but failed to pass)and why,assessment of Florida's changing political landscape with
respect to environmental and water policy issues;comprehensive preview of what's expected with
respect to implementation of 2016 legislation with a look ahead to the 2017 session and beyond;
course designed for extensive audience participation.Instructors:Larry Sellers(moderator), Terry Lewis,
Diana Ferguson,Andrew Ketchel,Chris Emmanuel
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B. FDEP REGULATORY AND POLICY UPDATE Always a timely and useful course to provide timely
iupdates on the most current information and activities with the Department of Environmental
Protection which we feel will be of most interest to our attendees;includes review and analysis of
rules and policies recently adopted or under development and related implementation strategies
within both Tallahassee and District offices;key/practical tips for all private/public regulated interests;
course format designed for extensive audience participation.Instructors:Bill Preston(moderator),John
Coates,Joseph Ullo,Justin Green,Drew Bartlett
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C. WMD PLANNING,REGULATORY,AND POLICY UPDATE Excellent course designed to provide
insight into the regulatory,planning,and water supply development programs of Florida's five water
management districts;includes discussion of water resource development and water supply
I planning;adoption and implementation of MFLs;integration of Florida Forever work plans with WMD
land acquisition and management programs;ERPs,watershed planning,secondary and cumulative
impacts,and other emerging programs and issues;audience participation encouraged.Instructors:
Eric Olsen(Moderator),Brenna Durden,Jack Furney,Nicolas Porter,Len Lindahl,Lisa Kelley
D. ENVIRONMENTAL PERMITTING AND ENFORCEMENT UPDATE Timely and informative update
on permitting and enforcement procedures utilized by environmental agencies;beginner to
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I intermediate course;covers permits and permit renewals;construction and operation permits;time
limitations;monitoring;agency enforcement of permit conditions;fines and other penalties;legal and
ethical considerations;other emerging trends and issues including legislative review of agency rules
i and ratification of proposed rules;audience participation encouraged.Instructors:Dennis Stotts
(Moderator),Silvia Alderman,Greg Strong,Bob Diemer,Lisa Kelly
E. FLORIDA ENERGY POLICY OUTLOOK This course provides an overview and analysis of state and
I federal legislation,rule changes and litigation having a potential impact on energy policies and
' programs in Florida.The panel will also discuss specific efforts related to electrical generation,EPA's
j Clean Power Plan,oil and gas exploration and production,energy efficiency,alternative energy 56
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development,and the constitutional ballot initiatives related to solar energy.Finally,the panel with
discuss recent changes to law and policy related-to natural gas utilization,transportation,storage,
and how the industry is responding,with an update from the Jacksonville Port Authority on the
increasing use of Liquefied Natural Gas(LNG)in the maritime industry.This course is designed for
extensive audience participation,and come prepared with your questions for this panel of experts!
Instructors:Matt Leopold(Moderator),Justin Green,Timothy Riley,David Stubbs,Mike Markey
F. CURRENT TRENDS IN FEDERAL ENVIRONMENTAL REGULATION AND ENFORCEMENT Several
priority initiatives at the federal level have resulted in significant changes to policies and regulations
across a wide spectrum of environmental laws. This session examines trends in enforcement,
permitting requirements and federal environmental policy One driving issue continues to be climate
change which portends sweeping changes to the laws,rules,and agency policies relating to the
control and management of greenhouse gas emissions.Another issue involves EPA's attempts to
expand regulatory authority over"waters of the US"which the subject of ongoing litigation.These and
( other federal issues will be discussed by our well informed panel.Come prepared to listen,learn and
participate. Instructors: Rafe Petersen(moderator),Julie Kendig-Schrader,Kelly Finch,Deborah Getzoff,
Dan Thompson
—EMERGING ISSUES AND ADVANCED DISCUSSION`*
G. TAKING LAND AND WATER RESOURCES MANAGEMENT TO THE"NEXT LEVEL"To achieve
Florida's long term resource management goals,land managers must use innovation to increase
efficiencies and improve productivity in order to ultimately enhance resource value. This timely and r
informative course was requested by DEP to provide for an advanced discussion of how new data
and tools are being applied in order to meet or exceed resource management objectives. Audience
participation is encouraged.Instructors:Gary Clark(Moderator),Wes Howell,Guy Gowens,Greg Knecht
John McGuire
H. IMPLEMENTING THE FLORIDA LAND AND WATER CONSERVATION
AMENDMENT Amendment 1 to the Florida Constitution was approved by 75%of those who voted
on the measure in November,2014. This very significant amendment provided for 1/3 of the excise
tax on documents will continue to Flow to the Land Acquisition Trust Fund for a 20-year period,
presumably to be used for a variety of existing and proposed water and land protection,and
restoration programs. Our panelists will discuss how the Florida Legislature has decided to further
implement the amendment in its third year of existence. Implementation of the amendment has
certainly not been without litigation and controversy and this should be an interesting discussion to
say the least! Come prepared to listen,learn and participate in this timely and important panel
discussion.Instructors:Cori Roth(Moderator),Eric Draper,Greg Munson,Gary Clark Drew Bartlett Noah
Volenstein
I.&J.LAKE OKEECHOBEE AND THE ESTUARIES:A WATER MANAGEMENT BALANCING ACT The
2016 Legislature just passed a significant update to the Northern Everglades and Estuaries Protection
Program(NEEPP),including incorporation of newly adopted Basin Management Action Plans(BMAPs)
and setting new restoration milestones.This 2-part course of advanced discussion will focus on the
latest issues facing the management of Lake Okeechobee and the estuaries and their effect on water
supply,water resources,and environmental restoration throughout South Florida.The panel
represents a diverse cross section of government(federal,state,and local),private landowners,tribal
entities,and environmental and agricultural interests.
Part 1-Lake and estuary management-The panel will discuss how Lake management decisions
affect their differing interests and obligations and the varying issues that must be balanced to
make effective decisions.
Part II-Latest developments and near term predictions-They will focus on the very latest
developments affecting the Lake and estuaries,including the applicable provisions of the 2016
Water Policy Bill,status of the Lake Okeechobee Regulation Schedule,schedule for the Herbert
Hoover Dike Rehabilitation,endangered species,and status of the Comprehensive Everglades
Restoration Plan projects and what can be expected over the coming year.Instructors:Luna
Phillips(Moderator),COL Jason Kirk,Len Lindohl,Drew Bartlett Deb Drum,Ernie Barnett Steve
Dwinell,Eric Draper,Michelle Diffenderfer
K. NEW EPA REGULATION TO REDEFINE"WATERS OF THE US"Come get the latest information
from this panel of experts on the EPA's new regulation to redefine"waters of the US" It is now a
` subject of court action,and this timely and important course will review what the rule could mean for 57
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I Florida's regulatory process should the rule be implemented in its current form.According to the rule,
most if not all water conveyances that have a"bed,bank,high water mark,and a connection to
waters of the US would become regulated by the federal government. Once deemed jurisdictional,
proposed projects could trigger a number of regulatory requirements which this very timely session
will examine. Audience participation is encouraged.Instructors:Greg Munson,Larry Liebesman,Phil
Moncusi-Ungaro,Jeff Clark
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L. PERMITS UNDER ATTACK:DEFENDING YOUR PERMIT FROM ALL CHALLENGERS Permits,
approvals,and other agency authorizations are critical to your company's business.But challenges in
courts of law and public opinion are becoming increasingly common.These attacks threaten to delay,
derail,or undo your permitting effort.This course,again updated for 2016,is designed to help you
navigate the steps you can and should take both to plan for and to defend your permit from such
challenges.It will include practical advice on how to successfully survive a permit challenge,including
identifying key vulnerabilities,building a defensible record,and other early steps to help ensure the
long-term success of your efforts.It will also cover defense of your permit in administrative and
judicial proceedings,as well as other settings.Audience participation is encouraged.Instructors: David
Weinstein,Larry Curtin,Doug Hall
M. PERMITTING&MITIGATION CHALLENGES FOR TRANSPORTATION CORRIDORS,PORTS&
INTERMODAL LOGISTIC CENTERS Between the prospect of the completion of the Panama Canal
and the expansion of ports to accommodate larger container ship and the expansion of the cruise
industry with the construction of larger and larger ships,Florida's ports are needing to expand and
update facilities.Transportation corridors to and from the ports are constantly in need of updating
and expansion to meet the cargo and passenger traffic. Many of Florida's ports are reaching capacity
at the ports and needing offsite intermodal alternatives for cargo and parking to meet these
expansions. The ideas behind the strict concept of federal mitigation rules are potentially changing.
This panel will discuss the challenges and emerging concepts in wetland and stormwater analysis and
mitigation.Come prepared to listen,learn and participate!Instructors: Don Deis(Moderator),Carl
Spirio,Debbie Wegmann,Jeff Prather,Rachel Vandenberg
N. COMPREHENSIVE WATERSHED EVALUATION,PLANNING AND MANAGEMENT In-depth
examination of continued agency emphasis on watershed management as a means of
' comprehensively integrating a variety of planning and regulatory programs currently implemented by
DEP and water management districts;these include TMDLs,stormwater construction,NPDES,PLRGs,
and both structural and non-structural Floodplain planning and management;practical
considerations;organizing stakeholders;discussion of need for statutory changes as well as changes
to current agency practices.Audience participation encouraged.Instructors:Steve Lienhort,Ann
Redmond,Mark Ellard, Tom Frick,Lee Mullon
O. EMERGING ISSUES IN ENVIRONMENTAL DUE DILIGENCE Very informative discussion of
i emerging trends and issues that impact the environmental due diligence process including changing
arsenic and VOH standards,issues arising from foreclosures,consumptive use restrictions and other
regulatory challenges as may apply;practical considerations in closing land transactions when there
fare unresolved issues and how to address those issues and much more;audience participation
encouraged.Instructors: Cristina Lumpkin(Moderator),Vince Yarina,Kelly Eger-Smith,Kirby Stallings,
Susan Martin
P. YOU,ME,AND THE AGENCIES:TECHNIQUES FOR SUCCESSFUL NEGOTIATION THROUGH
COMPLEX REGULATORY SCENARIOS An interactive discussion for ensuring sure and positive
dialogue when communicating with environmental regulatory agencies at the local,state and federal
i levels. Preparation,organization,as well as an understanding of both the regulation and the
processes,can go a long way to facilitating a smoother and certainly more positive outcome. In
addition to being technically prepared,knowing the agency representatives,their role in the
organization,and their scope of authority can be as critical as having a thorough understanding of
i the applicability of the various rules and regulations. Here's your chance to receive expert advice
from four instructors who've learned these lessons.Instructors: Peter Portlow,Amanda Brock,Anna
Long,Doug Halsey
Q. PROPERTY RIGHTS 101 This course provides a basic overview of private property rights in
Florida. Specifically,it discusses the basics of takings jurisprudence,the BertJ.Harris,Jr Private
Property Rights Protection Act,and other limits on government action that affect private property
For the private property owner,this course provides an overview of their rights. For the state and
local government official,this course provides a roadmap for avoiding property rights litigation.
`I Audience participation is encouraged. Instructors: MoJazil(Moderator),Jake Cremer,Brian Bolves,Chris 558
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Emmanuel,David Goldstein
R. RECENT DEVELOPMENTS IN PROPERTY RIGHTS This course discusses recent state and federal
legal decisions,legislative proposals and enactments,and anything else of interest to those who deal
with the nitty-gritty of private property issues. It is intended for the seasoned practitioner;however,
all are encouraged to attend. Audience participation is encouraged. Instructors: MoJazil(Moderator),
i David Smolker,Amy Boulris,Jim Burling
S. DEVELOPMENT IN ENVIRONMENTALLY SENSITIVE AREAS:STRATEGIES FOR AVOIDING
LITIGATION UNDER NEPA,CWA,AND ESA Public and private sector projects located near
wetlands,endangered species habitat or other protected areas are often opposed by individuals and
organizations during permitting proceedings as well as in federal court.Avoiding litigation and
building a winning administrative record should litigation become unavoidable,must begin prior to
application submittal and continue during application review. This course is ideal for lawyers,
managers and consultants who work on large or controversial projects involving wetlands,
endangered species or protected natural resources.Instructors:John Wharton(moderator),Mike
Dennis,John Lesmon,Kerri Barsh,Gisele Colbert
T. IMPLEMENTING THE RESTORE ACT IN FLORIDA Following the Deepwater Horizon,oil spill
Congress passed the Resources and Ecosystems Sustainability,Tourist Opportunities,and Revived
Economy of the Gulf Coast Act(RESTORE Act)that provides a mechanism to hold the responsible
parties financially accountable for restoring the Gulf. Signed into law in 2012,the Act has generated
unprecedented funding for both ecological and economic restoration of the Gulf Coast. Among the
five affected states Florida is unique with regard to the role of its 23 Gulf Coast counties,as well as
the large geographic extent of the coastline-both north to south and east to west-and the
associated diversity of coastal ecosystems and communities. This timely course will provide:an
overview of the RESTORE Act;the status of litigation with the responsible parties;current and
projected funding levels available to Florida Gulf Coast counties;ongoing federal,state and local
government coastal planning efforts;the types of projects,programs and activities eligible for
funding;and an overview of other related funding streams for Gulf Coast restoration. Furthermore,
this course will provide the viewpoints of key representatives from federal,state and local
jgovernment,NGOs,and the private sector as this process draws to a conclusion.Instructors:Doug
Robison(Moderator),Darryl Boudreau,Erin Deady
U. RISK MANAGEMENT FOR ENVIRONMENTAL CONSULTANTS Environmental consultants spend
their days managing their clients'environmental risk,but often don't devote nearly as much attention
to the risks in their own line of work. This panel will discuss the risks associated with environmental
consulting,and present concrete strategies and tips for managing those risks. Panelists will share
best work practices,protective contract language,and other risk management tools like insurance
and bonding.Instructors:Greg Munson,Brent Anderson,Veronica Benzinger, Toby Overdorff
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V. THE STRATEGIC ROLE OF INFORMATION TECHNOLOGY IN REGULATORY REFORM,
REGULATORY PROCESS EFFICIENCY AND IMPROVED COMPLIANCE OUTCOMES In virtually all
aspects of our lives,Information Technology has changed the way we communicate with others,
access information,entertain ourselves and conduct commerce.But,how has the'IT revolution"
affected the way we are regulated?In this completely new course,a panel of IT professionals and
regulators will discuss the ever expanding role of IT in the"business of regulation"in a thought-
provoking and interesting way Significant IT initiatives have emerged from DEP over the last 5 years,
including e-Permitting,improved access to public records through GIS,and electronic submittals of
compliance data.You will hear from the agencys perspective about how these investments have paid
i off(or not)and what is planned for the future.You will also hear from a significant user of these
electronic services how they are working(or not).Don't miss what is sure to be a lively discussion,and
icome prepared to learn about and participate in the IT revolution!
1 Instructors:Louis Smith,Toro Crews,Warren Sponholtz,Justin Green,Greg Strong
**GROWTH MANAGEMENT UPDATE**
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E W. NEW POLICY DIRECTIONS FOR GROWTH MANAGEMENT In 2011 the Florida Legislature
fundamentally changed Florida's growth management process when it abolished the Department of
Community Affairs and modified the state's authority to review and approve local government
comprehensive plans and plan amendments.What remained of the state planning process was
transferred to the Division of Community Development within the Department of Economic
Opportunity Since that time,government at all levels,lawyers,developers and planners have 59
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adjusted to dramatically changed laws,rules and policies. This informative course will update you of
the current status of implementation of growth management and comprehensive planning laws and
rules at both state and local levels.The course is updated each year to bring new legislation,
!� emerging issues,and examples of local government innovation to your attention. Audience
participation encouraged.Instructors: Nancy Linnan(Moderator),Val Hubbard,Janet Bowman,Sherry
Spiers,Dan Delisi,Kerry Godwin
X. STRATEGIC PLANNING AND PERMITTING FOR DEVELOPMENT Practical and informative course
designed to address strategies for obtaining environmental and growth management approvals for
land development projects under Florida's current laws and agency practices;,consideration of
effects of recent legislation and administrative actions taken by the Executive Branch;discussion of
successful approaches to processing and obtaining environmental permits from regulatory agencies,
determinations of when to obtain the required permits and in what order,and the level of specificity
and procedural requirements of each agency Course to also cover tracking and managing activities
for compliance with permit conditions,tips for gaining the respect of regulatory agencies,and steps
that should be taken to avoid costly enforcement litigation.Audience participation is encouraged.
Instructors:Kim Woodbury,Dennis Mele,Abbey Naylor,David Powell
Y. WHAT'S AHEAD AND WHY—COMPREHENSIVE PLANNING AND DEVELOPMENTS OF
REGIONAL IMPACT This timely and important update will cover any changes by the 2016 Legislature
with respect to comprehensive planning and DRIB,as well as any pending changes in growth
management programs and policies;discussion of potential changes and new directions for DRIB,as
well as processes related to large non-DRIs in Dense Urban Land Areas;determination of whether the
benefits of the DRI process justify the time and expense,evaluation of better outcomes which could
be achieved through a different process;and examination of pros and cons of rescinding existing
DRIs.Excellent and always timely course.Audience participation is encouraged.Instructors:Randi
' Fitzgerald,Dave Mechanik,Joel Ivey,Darrin Taylor
Z. TRANSPORTATION PLANNING:HOW DO WE GET THERE FROM HERE?State,regional and local
transportation infrastructure deficiencies and related transportation mitigation costs can make or
break development in Florida.Failure to address inadequate infrastructure remains a significant
hurdle to both developers and local governments. join this panel to learn what's new in 2016 and
how to maximize development potential while reducing mitigation costs through cooperative
I funding,innovative traffic analysis,multi-modal applications,and other innovative solutions.
Instructors:Tara Duhy(Moderator),Adam Kerr,Gary Huttmann,Ken Metcalf
AA. "SMART GROWTH-THE ECONOMICS OF PLACE"Provides an in-depth look at how public
1 realm investments can create a significant return on investment by creating"great places" We will
explore how the built environment of these great places spurs economic development and creates
livable,sustainable communities through case studies from around the Country The discussion will
include the implementation of Complete Streets,Walkable Communities,Trails,Parks,and Art Hubs,
as well as best practices that are transferrable to all communities,large and small;audience
participation encouraged.Instructors: Rhea Law,Cecelia Bonifay, Vashon Sarkisian,Tyler Johnson
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BB. URBAN AGRICULTURE This innovative new panel will address the emerging issues related to
the planning and environmental benefits of integrating agriculture into the urban environment,as
well as associated risks.Various approaches taken by cities across the US will be discussed,including
their objectives,incentives,and regulations.Then,the panel will shift its focus to Florida-including
the actions taken by the City of Orlando to integrate urban agriculture into its sustainability efforts,
steps being taken by other Florida urban areas to integrate urban gardens and farms,micro-livestock
and urban beekeeping with other urban activities.Come prepared to learn and participate in this
exciting new topic!Instructors: Martha H.Chumbler,Chris Castro,Or Nicole Penichet,Sorell Negro
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CC. STRATEGIZING,HANDLING,AND DEFENDING CLIENTS'INTERESTS AT LOCAL QUASI-
JUDICIAL PROCEEDINGS This presentation provides both legal and practical insights into preparing
for and managing local quasi-judicial proceedings.It also provides insights on dealing with denials
and challenges to your client's interests.This presentation will focus on strategic matters,provide
useful tips,examine new and developing legal issues,and address technical issues,particularly in
traffic concerns and challenges.Instructors: Chris Torres(Moderator),Gordon Schiff,Randy Coen
**SPECIAL COURSE SERIES ON AIR QUALITY,ENERGY,SUSTAINABILITY,AND
CLIMATE CHANGE**
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DD. NEW DEVELOPMENTS IN AIR QUALITY REGULATIONS EPA continues to aggressively issue
new rules and guidance,many of which are already being implemented by DEP This panel will
provide an overview of the major initiatives,with focus on how your normal business operations will
be affected. EPA continues to aggressively pursue the Obama administration's Climate Action Plan,
and perhaps even more so in light of the world wide climate change accord.This timely and
informative course will also examine the impact of EPA's SIP Call regarding startup,shutdown and
malfunction emissions and the wide-ranging implications of the National Ambient Air Quality
I Standard for ozone and S02. Other issues to be discussed include current state implementation of
other federal air rules,the latest developments regarding the CSAPR and EPA's next transport rule,
and a unique company-specific perspective on how air regulations are impacting operations in
Florida.This informative session is designed to help you stay current on the latest rules and policies-
Come prepared with your questions for this panel of experts.Instructors:Robert Manning Justin Green,
Michael Ballenger,Ken Kosky,Max Lee
EE. INTEGRATING LID INTO LOCAL GOVERNMENT STORMWATER PROGRAMS:A USERS GUIDE
i Traditional stormwater BMPs can be land-intensive and tend to fall short of the nutrient load
reductions needed to protect our receiving waters.An expanded BMP toolbox improving on
traditional stormwater treatment practices and incorporating LID practices is needed to address this
problem. Local governments and some private developers are taking a leadership role promoting
LID By working with developers,designers,and other community stakeholders,local governments
can effectively update Land Development Codes and adopt stormwater BMP design criteria to
encourage the use of LID and better protect water resources.Instructors:Clark Hull(Moderator),Marry
Wonielista,Steve Suou,Ryon Givens,Mike Hardin
FF. PLANNING FOR SUSTAINABILITY 101 This session will briefly describe the goals of
sustainability and the technical issues that need to be addressed for implementation. An overview of
easily adoptable sustainable practices for developers and local governments will complement
background information and historical perspective from certifying organizations including the USGBC
and FGBC. Discussion of in place ordinances such as Miami 21,LID codes and project funding plus
i discussion of the future of sustainability both locally and nationally complement this roundtable
discussion.Instructors: Cecile Piverotto(Moderator),Jennifer Longuell,Amy Wicks,Sherry Spiers,Clay
Henderson,Diana Velasquez
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GG. RESPONSES TO SEA LEVEL RISE AND CLIMATE CHANGE Very timely and informative course
designed to explore some of the projected impacts of climate change on existing water resource
management and regulation. The panel will provide an overview of the current science of climate
change with a specific focus on documented and projected impacts in Florida. The discussion will
identify current and future regulatory implications of sea level rise and water supply and water
resource management. Both Florida and national models will be discussed. The speakers will
identify emerging state and federal laws,policies,and regulations that address sea level rise. This
session will examine potential adaptation,mitigation and resiliency strategies to protect future water
supplies for people and the environment,including a discussion on infrastructure level of service
implications and anticipated hurdles to adaptation strategy implementation.Instructors: Shone Loasko
(Moderator),Erin Deady,Rhonda Haag,JenniferJurado,Danielle Irwin, Thomas Ruppert
HH. FLORIDA'S RENEWABLE ENERGY PROJECTS:UPDATES,OUTLOOK,AND CHALLENGES Hear
the latest on renewable energy projects and policy in Florida,including solar,ocean,biofuel,
biopower,and wind. During this informative roundtable discussion,the panel will focus on the
development opportunities and challenges currently facing renewable energy projects within the
! state. Course to include a status report on existing and proposed renewable energy projects,as well I
I
as why some projects are moving forward while others appear to be stalled. The panel will also
i discuss recent marketplace,legal,and policy developments on the state and federal level affecting
the renewable energy sector The experts on this panel will discuss some of the most difficult
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I challenges for a project's success,including the due diligence needed for selection of the ideal site.
This panel will also focus on critical issues and challenges that could arise for any renewable energy
project that could ultimately"make or break'a particular project. If you have any interest in
renewable energy projects in Florida,you should attend this session!Instructors: Tom Yonge
(moderator),Joseph Brown,J.L."Buck"Martinez,Mike Cooke
11. EPA'S CLEAN POWER PLAN: A GAME CHANGER OR NON-EVENT FOR FLORIDA?
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Last year EPA finalized new rules under the Clean Air Act intended to reduce carbon emissions from
existing power plants by more than 30 percent below 2005 levels. The controversial program
currently under appeal and known as the"Clean Power Plan"establishes state-specific targets and 61
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i requires each state to develop a plan on how to get there.The panelists,including Florida DEP Deputy j
Secretary Paula Cobb and Mike Kennedy with Duke Energy,will discuss Florida's"target"under EPA's
Clean Power Plan,state-level planning(including potential compliance timelines and mechanisms),
and how the Supreme Court's stay could affect that planning.This panel promises interesting
discussions on how EPA's Clean Power Plan could affect Florida energy policies,grid reliability,other
i industry sectors,and the state's economy The speakers also will outline the major issues on appeal
and possible outcomes,including a probable timeline,the likelihood of the Florida Legislature
jumping in,and to what extent the Public Service Commission might be involved.You will not want to !
I miss this opportunity to hear the latest about the Clean Power Plan—it certainly could be a GAME
CHANGER here in the Sunshine State!Instructors: Angela Morrison(Moderator),Scott Osbourn,Mike
j Kennedy,Paula Cobb,Brian Potts,Michael Ballenger
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**FLORIDA'S WATER SUPPLY CHALLENGES:ISSUES AND ANSWERS**
I
JJ.&KK. EMERGING WATER SUPPLY ISSUES Advanced discussion of multiple issues including
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emerging challenges in meeting future water demands;innovative water supply projects;meeting the
conceptual costs of distribution and storage of reclaimed water;legal and policy issues regarding the
control of reclaimed water for future public and private reuse;and regulatory challenges.Audience
participation is strongly encouraged!
Part I-Innovative thinking to address future water supply needs.What innovative water supply
projects are emerging around Florida?How are utilities and other significant water users being
supported now and into the future?
Part II-Implementing future water supply needs-funding and acceptance of projects.How does the
implementation of the Florida Land and Water Conservation Amendment impact future water
supply?How do we engage the public and improve awareness of future water supply needs?
Instructors: Craig Varn(moderator),Ed de la Parte,Roger Sims,Ryan Matthews,Brian Armstrong,Ann
Shortelle,Beth Lewis,Mark Thomasson
LL. NORTH FLORIDA WATER CHALLENGES Water availability in North Florida remains a
controversial topic. Rule challenges to minimum flows and levels have come and gone and come
again,the Legislature has again addressed protection of the region's springs and a major overhaul of
the groundwater model for the region will be implemented by the district. join this panel for a well-
rounded look at key north Florida water issues over the past year,including a look back at what
happened(and didn't happen)in the Legislature.Instructors: Ann Shortelle(Moderator),Rick Hutton,
Guy Gowens,Carlos Herd,Cecile Piverotto
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I MM. CENTRAL FLORIDA WATER INITIATIVE DEP s Central Florida Water Initiative(CFWI)is easily
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Florida's most important and far-reaching inter-district water management analysis and program
I ever undertaken.CFWI efforts focus on a water deficit area that includes five central Florida counties,
and involves three water management districts,the Florida Department of Agriculture and Consumer
Services,as well as several regional public water utilities,landowners,local governments,agriculture
and various other stakeholder interests.Goals and guiding principles of CFWI include identifying
sustainable sources of traditional water supplies,developing strategies to meet water demands
exceeding available supplies,and providing for consistency among water management districts in
reaching water supply goals and objectives.This important effort has already influenced changes to
Florida water law and policy,including legislation enacted by the 2016 Florida Legislature,with many
I more expected to come.Here's your chance to listen,learn,and participate during this"must attend"
course.Instructors:Eric Olsen(Moderator),Ryan Matthews,Robert Beltran,Len Lindohl,Beth Ross
! NN. LINKING GROWTH WITH WATER SUPPLY AVAILABILITY Discussion of integrating regional
water supply plans of local government with the plans and projects of water utilities through a
prescribed planning process requiring cooperation between water management districts and local
and regional water management districts and local and regional water utilities;regulatory incentives
' for the development of alternative water supplies;financial assistance for utilities;linking the growth
management plans of local governments with the plans and projects of water utilities;applying the
principles of consistency with concurrency as set forth in Florida law and implementing rules.
Audience participation is encouraged.Instructors:Segundo Fernandez,Dave Depew,Mark Farrell
00. MINIMUM FLOWS AND LEVELS: FLORIDA'S NEXT GREAT REGULATORY CHALLENGE To
prevent significant harm to the water resource,the water management districts must adopt
minimum flows and levels for waterbodies and groundwater according to an annual priority list. If 62
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the waterbody does not meet,or is projected not to meet,the adopted minimum flow or level,the
district must adopt a recovery or prevention strategy Going through this process,the water
management districts have found that many waterbodies are below their established minimum flow
or level and thus require a recovery or prevention strategy Some districts are re-evaluating their
minimum flows and levels to see if they were set correctly Minimum flows and levels and their
associated prevention or recovery strategies can affect water users by causing cutbacks on existing f
sources,forcing development of alternative water supplies,and forcing participation in aquifer or
surface water body recharge projects,in each case creating general uncertainty This course focuses
j on the process by which minimum flows or levels are developed and adopted,while also identifying
where minimum flows or levels are already in place or are scheduled for adoption in the future,how
water users are impacted,and what you can do to protect your water uses.Instructors: Doug Manson
(Moderator),Mark Hammond,Mike Register, Terrie Bates,Matt Leopold
PP. EMBRACING WATER SUPPLY SUSTAINABILITY: THE CRITICAL ROLE OF ALTERNATIVE
WATER SUPPLY AND REUSE As our population grows,the demand for water will also grow-and not
just for human consumption.Growing the food to feed a hungry nation consumes a significant
amount of water Powering up homes and businesses for the latest in"gadgetry'also requires more I f
electricity,which also requires volumes of water As demand increases,the impacts of drought will
become more pronounced,particularly in places that are vulnerable to extreme weather,like Florida.
Thankfully,scientific advances and innovative technologies allow us to tap into alternative supplies,
including reuse water,to provide a safe and reliable water supply for drinking,manufacturing,
irrigation and energy generation.While conservation is an important tool,states must incorporate
alternative supplies and reuse in their water portfolios to meet their growing needs and protect
against environmental degradation.The passage of SB 536 in 2014 and SB 552 in 2016 suggests that
Florida is taking bold steps to achieve these goals.DEP just released its comprehensive study on how
to expand the use of reclaimed water,stormwater and excess surface water in the state.SB 552
provides for significant improvements to the water supply planning and development process.These
significant efforts by the Legislature and DEP have the potential to guide the long-term strategy for
water use and development in Florida.Join us for an intriguing discussion of the policies needed to
advance alternative water supply and reuse in the Sunshine State,while highlighting successful
policies and projects that have led to economic development,sustained agriculture,and
environmental restoration.Instructors:Melissa Meeker(Moderator),Ann Shortelle,Mike Sole,Ed Torres,
Temperince Morgan
QQ. USING PUBLIC-PRIVATE PARTNERSHIPS TO SOLVE FLORIDA'S WATER CHALLENGE Florida is
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faced with significant water shortages projected to be an estimated 2 billion gallons per day by 2025
unless proactive action is taken.Florida is also confronting significant water quality challenges,
including meeting recently enacted Numeric Nutrient Criteria,TMDLs and restoration targets.How
can the private sector help public entities with these issues?Part of the solution may be the
development of long-term contractual arrangements between public utilities and private land owners
in the storage,production,reuse and treatment of water The panel will discuss advantages and
difficulties in developing public-private partnerships,recent legislative changes at the state and
federal level,and success stories in meeting Florida's future water needs.This is a very timely and
highly recommended course!Instructors:John Fumero(Moderator),Jack Fiveash,Pot Lehman,Ernie Cox
RR. DISPERSED WATER MANAGEMENT The Dispersed Water Management Program administered
by the SFWMD encourages private property owners to retain water on their land rather than drain it,
accept and detain regional runoff for storage or do both. Landowners typically become involved in
I the program through cost-share cooperative projects,easements,or payment for environmental
services. Managing water on these lands is one tool to use in reducing damaging amounts of water
diverted into lakes and estuaries for flood protection. Dispersed water management also offers
imany other environmental and economic benefits,including providing valuable groundwater
recharge for water supply;improving water quality and rehydration of drained systems;enhancing
plant and wildlife habitat;and helping sustain the local economy by incentivizing landowners to
provide great environmental stewardship. This timely and informative course will tell you all about
I it. Audience participation encouraged.Instructors: Ernie Barnett;Ernie Cox,Benita Whalen,Jeff Sumner
*'SPECIAL COURSE SERIES ON WATER QUALITY•*
I I
tSS. NEW DEVELOPMENTS IN WATER QUALITY PERMITTING Extremely informative course includes
timely updates on new ways the Department of Environmental Protection and EPA are addressing
water quality issues;also includes basic as well as advanced discussion on water quality discharge
permitting,whether from industrial,domestic,or other discharge sources;emphasis on current
agency practices,and updates on pending legal changes;emerging water quality issues affecting 63
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industry,regulations and the general population;excellent course designed for extensive audience
participation.Instructors:Tim Atkinson(Moderator),Ric Fraxedas,Bruce Nocito,Ken Watson,John Coates
TT. THE NEXT GENERATION OF BASIN MANAGEMENT ACTION PLANS The Basin Management
i Action Plans(BMAPs)were a cornerstone of the significant water legislation that was signed into law
(presumably)this past session to address water quality concerns of the State's waters. Spring and
South Florida BMAPs were a specific focus and both require a large amount of nutrient reduction
I from all sources. Learn how the Department will implement BMAPs going forward to embody some
of the changes passed into law,and also some of the changes needed to achieve more challenging
reductions.Instructors:Drew Bartlett(Moderator),Tom Frick,Katie Hallos,Ernie Barnett;Ann Shortelle
UU&W.IMPLEMENTING FLORIDA'S NUMERIC NUTRIENT CRITERIA After the many years of
research,evaluation,debate,and litigation,numeric nutrient criteria can now be implemented in
almost all categories of waters in the state. Implementation will generate significant business
opportunities for consulting firms in the biological and engineering fields and laboratories(not to
mention law firms). We have reserved an ample amount of time at the end of the course to answer
questions,and engage in an informal give-and-take among the audience and panelists.This is not a
course for the uninformed. Your course"text"will be DEP rules and documents governing the
implementation of numeric nutrient criteria. Your instructors will discuss these rules with their
strengths and weakness and potential pitfalls for permittees. There will be opportunity for exchange
among panelists and audience during this highly technical,2-part course designed to explore and
provide an update on this extremely significant rule and how all affected parties are dealing with the
numerous technical and legal issues involved in the application of NNC in Florida.
1 Part I-Status of EPA Rule and approval of state rules and DEP rulemaking in response to EPA
approval.Status of rules on estuaries and coastal areas;Status of Litigation;Role of EPA,DEP
and water management districts.
Part II-Implementation and impacts on permitting;procedure for dealing with artificial
conveyances and impact of NNC on various permits and approvals;unique aspects of
implementation in South Florida;dealing with NNC issues in permits that may involve springs,
lakes,streams,estuaries and coastal areas;use of biological metrics;protection of downstream
waters under state rule.Use of WQBELs and SSACs for NNC.
Instructors: Terry Cole(Moderator),Dan Hammond,Tom Frick,Matt Coglianese,Stan Posey,Dave
Tomasko,Kurt Spitzer,TonyJanicki
WW. NUMERIC NUTRIENT CRITERIA FOR STORMWATER;EMERGING ISSUES This course will
present background on numeric nutrient criteria(NNC)and related constraints and opportunities for
integrated stormwater management solutions. Speakers will present both engineering and agency
perspectives and case examples. This extremely important course will explore one of the least
understood and perhaps the most challenging aspect of NNC compliance. Come prepared to ask
questions and engage in an interesting and timely discussion of this important topic.Instructors: Russ
Frydenborg,Gary Serviss,Tom Frick,Patrick Shearer
XX. WATER QUALITY CREDIT TRADING This course will discuss the regulatory framework
surrounding water quality credit trading in Florida,trades that have occurred already,and the
potential for trading throughout Florida in the future. Through the panel discussion and
presentations,we will explore trading from the perspective of both point source discharges and
nonpoint source dischargers.The panel will also discuss the successes and failures of other trading
programs around the United States.Come prepared to listen,learn and participate.Instructors: David
Childs,Ray Scott Kurt Spitzer,Tom Frick,Debbie Madden
YY. USE OF WETLANDS FOR STORMWATER AND WASTEWATER TREATMENT Wetlands can
provide for natural,low-energy and environmentally beneficial water quality improvement.This
course includes:an updated summary of principles and methods of successful treatment wetland
i design;overview of treatment wetland regulations in Florida;detailed case histories of point and non-
point source wastewater treatment using wetlands,including stormwater,municipal wastewater,
industrial wastewater,and agricultural discharges.This very informative course will also feature an
overview of the world's largest treatment wetlands,the Everglades Stormwater Treatment Area,
summarizing findings of the Science Plan on wetland performance and optimization.Audience
i participation is encouraged.Instructors:Jim Bays,Larry Schwartz,Chris Keller,Angelique M.K.Bochnak
,! ZZ. FLORIDA NPDES UPDATE Update on procedural and substantive considerations in permitting 64
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under NPDES program including stormwater;new regulatory developments including numeric
nutrient criteria;program administration;case law update;enforcement and citizen suits;additional
compliance considerations;how to interpret complex regulations;use of metals translator for
establishing NPDES limits;examples of industrial and construction applications;implementation of
stormwater NPDES,MS4 program;current agency practices;emerging trends and issues;audience
participation encouraged.Instructors:Winston Borkowski(Moderator),Robert Potts,Ray Ferrara
**WETLANDS PERMITTING AND MITIGATION*�
AAA. STATEWIDE ERP RULE UPDATES Since DEP's major overhaul of the Environmental Resource
Permit rules in 2013,there have been a number of additional revisions and more are underway.Don't
miss this chance to hear first-hand from agency officials responsible for this effort on the purpose
and intent,scope and limitations,schedule for development,and implementation of the new
statewide ERP rules. Audience participation encouraged.Instructors:Julie Sullivan(Moderator),Tim
Rach,Michelle Reiber,Tom Frick,Kelly Unger
BBB.THE ESSENTIALS OF OBTAINING AN ENVIRONMENTAL RESOURCE PERMIT:THE NUTS AND
BOLTS OF ERP PERMITTING This course will provide a detailed and in-depth breakdown of all
aspects and components necessary for the environmental professional to obtain an ERP permit in an
efficient and effective manner This course will take the audience through all the steps in the review
and issuance of an ERP permit including an administrative permit challenge. In addition,the course
will discuss how new and proposed rules and policies are affecting the permitting process. Learn
from this highly experienced panel all of the essential criteria and policies,including wetland and
mitigation requirements,surface water engineering requirements,water quality and administrative
and legal requirements critical to finalize a permit.This course is a must for environmental
professionals who want to understand all aspects of ERP permitting in order to better represent their
clients and deliver efficient results.Audience participation encouraged.Instructors: Luna Phillips,
Church Roberts,Shannon Ruby Julien,Jeff Prather
CCC.EMERGING ISSUES IN ENVIRONMENTAL RESOURCE PERMITTING This extremely informative
and timely course combines the legal principles of ERP permitting,as expressed by recent changes
with practical tips for achieving compliance,and avoidance of process"pitfalls"from the viewpoint of
both regulators and practitioners. The panel presentation will be free-flowing with considerable
audience participation led by lawyers and scientists from the public and private sectors. The course
assumes a working knowledge of the ERP process and criteria,and it is intended to examine the
critical issues that make or break applications,including those subjected to the extraordinary scrutiny
of an administrative hearing.Course will also examine the effects of recent reorganizations within
DEP and WMDs and what it means for ERP applicants.Audience participation encouraged.Instructors:
Frank Matthews(Moderator),Shannon Gonzalez,Jerry Renick,Laura Mills,Michelle Hopkins
DDD.FEDERAL WETLANDS PERMITTING UPDATE Excellent course on how to navigate through the
Army Corps of Engineers'Section 404 Clean Water Act Wetlands permitting process. This course,
taught by our panel of experts will feature step-by-step analysis of the ACOE permitting process
including illustrative case study examples;emphasis on the key components to enhancing the speed
of the application process;and avoiding pitfalls and other time sinks in order to obtain a favorable
ACOE decision.This advanced course is designed for active audience participation.Instructors: Todd
Sumner(Moderator),Mike Drauer,Tom Roberts,Tori White,Brian Farrar
EEE.FLORIDA WETLAND JURISDICTION If you want to know precisely how wetland jurisdiction is
determined,and the subtle and not so subtle differences between Florida's uniform statewide
wetland jurisdiction and Federal wetland jurisdiction,this is your course! Carefully designed panel
discussion to analyze state and COE wetland jurisdiction making use of comparisons and contrasts as
appropriate;covers application of vegetation,soils and hydrologic indicators in determining presence
of wetlands using state and COE methodologies;covers altered and non-altered sites;emphasis on
I practical application and dispute resolution;examples and case studies;course designed for
extensive audience participation.Instructors: Mike Dennis,Mike Nichols,Ed Murawski,Tim Perry
FFF.FEDERAL WETLAND JURISDICTION The proposed Waters of the United States rule(currently
! stayed by a federal judge)is not the only thing going on in wetlands law and regulation. This course
will look at the current law of federal wetland jurisdiction and how it's determined and implemented
on the ground-right now! Can you challenge a federal wetlands delineation on your property? The
recent Hawkes v.USACE,says that you can,and the course will address how the Supreme Court might
resolve this issue. It will also include a review of the Rapanos case that led to the"Significant Nexus'
test,which is the basis for all current regulation,and the conflicting case law that has resulted in 65
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several states. There will also be an overview of the Precon case regarding interpreting agency
guidance documents. The course will highlight the practical application of the Corps'current
regulations,policies and guidance documents and what they could mean for development in Florida.
Finally,the Corps will provide an in-depth discussion of the latest wetlands guidance and what the
I` regulated community can expect.Instructors: Pam Fetterman(Moderator),Dylan Larson,Debbie
Madden,Matt Leopold,Jeff Collins
I GGG.THE NEW UMAM:PROPOSED REVISIONS TO FLORIDA'S UNIFORM MITIGATION
ASSESSMENT METHOD Florida's Uniform Mitigation Assessment Method(UMAM)is the primary
method by which regulatory agencies determine the amount of mitigation necessary to offset
impacts to wetlands and other surface waters and the number of mitigation credits to be assigned to
a mitigation bank. This course is a double session focusing on proposed revisions to the UMAM rule.
According to their website,the DEP intends to revise the UMAM rule to achieve more certainty and
consistency across the state while still accounting for each region's diverse ecological communities.
The goal is a more streamlined and straightforward UMAM rule that is easier to use on both ends-
easier for the citizens or businesses applying UMAM and for the agency staff processing the
applications. This course will provide a variety of perspectives from a panel of expert UMAM
practitioners who have been active in the efforts to revise UMAM. Audience participation is strongly
encouraged to provide constructive input to the Department regarding progress thus far and any
further improvements which may be necessary Instructors: Clark Hull(Moderator),John Humphreys,
ij Penny Cople,Shannon Gonzalez,Ed Cronyn,
HHH. WETLAND REGULATORY JURISDICTION OVER FARMLANDS Farmlands are subject to
complex set of special rules when it comes to wetland jurisdiction. Not all activities on farmlands are
exempt from wetland rules,and agencies in recent years arguably have increased the scope of their
jurisdiction over these areas. Understanding these rules is important not just for farmers,but also
for anybody who wants to use farmlands for other types of activities. This course will address activity
and geographical exemptions for farmlands under the Clean Water Act,state regulation of wetlands
in the farming context,and recent regulatory developments that could affect agencies'jurisdiction.
Excellent course designed for audience participation.Instructors:Neal McAliley,Adam Peterson,Jim
Sprott Jeff Collins
111. PRACTICAL CONSIDERATIONS IN ENVIRONMENTAL MITIGATION AND MITIGATION
BANKING Environmental mitigation in Florida is trending toward greater use of mitigation bank,
while onsite mitigation remains a viable option in fewer and fewer instances. This carefully designed
course will address practical considerations and the selection of mitigation options,including
economics,liability issues,and long term management requirements. This very informative course
will make use of case studies and legal analyses to provide insight into evolving agency practices in
this area. This course should leave you well informed on the opportunity and obstacles of using
mitigation to satisfy the requirements of obtaining a permit at the state,regional or local level.
Excellent course designed for audience participation.Instructors:Beverly Birkitt(Moderator),Ed Cole,
Debbie Wegmann,Tim Rach,Kelly Sands
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**COASTAL PERMITTING AND STATE SOVEREIGN LANDS**
JJJ. SPECIAL PERMIT CONSIDERATIONS FOR SOVEREIGN LANDS AND AQUATIC PRESERVES This
timely and informative course provides a review of latest changes and emerging issues with regard to
DEP's proprietary authority over State-owned lands;includes a comprehensive update on procedural
and administrative changes;also covers recent rule changes and proposed changes to current agency
rules and practices with regard to use of sovereign lands;discussion of special permit conditions
applied to aquatic preserves and outstanding Florida waters;other emerging trends and issues.
Course designed for extensive audience participation.Instructors:Andy Baumann(Moderator),Matthew
Butler,David Clark,Danielle Irwin,Spencer Crowley, Tim Rach
KKK.COASTAL MARINE PERMITTING AND MITIGATION This very informative course will cover all
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aspects of habitat and species issues associated with proposed projects in the coastal marine
environment;provides for a thorough and practical examination of the current tools for assessing
and avoiding impacts;includes examples of techniques for habitat and species restoration in coastal
and marine environments.Excellent course designed for extensive audience participation.
Instructors: Wayne Flowers,Beau Williams,Loinie Edwards,Kevin Claridge
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LLL. COASTAL CONSTRUCTION CONTROL LINE PERMITTING Development within the dynamic
and sensitive coastal environment requires a special permit from the Florida Department of
Environmental Protection.This course examines the regulatory framework and practical aspects of 66
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Coastal Construction Control Line permitting for oceanfront structures and activities.Covers current
agency procedures and practices with respect to structure siting and design,including respective
responsibilities of state and local agencies;emerging agency policy;special permitting considerations
for storm impact planning and emergency response,including appropriate use of coastal armoring
structures.Always a timely and informative course.Instructors: Steve Lewis(moderator),Christy Brush,
I Darwin Stubbs,Rick Chitwood,Patrick Krechowski
MMM. COASTAL CONSTRUCTION"HOTSPOTS"Current Coastal Real Estate Development trends in
Florida are driving emerging agency policy discussions regarding the Florida Department of
Environmental Protection Coastal Construction Control Line(CCCL)permitting program.The FDEP's
' policy on armoring,sand management,exterior lighting for protection of marine turtle habitat,and
the Statewide Habitat Conservation Plan for Florida's beaches will be the some of the topics covered
by this dynamic discussion panel.Audience participation encouraged.Instructors: Danielle Irwin
(moderator),Reggie Bouthillier,Carol Knox,Jane Herndon
I
NNN.SEAGRASSES AND MANGROVES This session will present the types of permits(CCCL,ERP,
jCP)as they apply to marine-related projects. Issues addressed will include:how the ecology and
biology of Florida's seagrasses and mangroves drive the reality of regulatory responses;what
restoration options and assessment strategies are available;the pitfalls of the permitting process,
particularly with respect to monitoring and permit/mitigation compliance;and restoration site
selection,techniques and monitoring includes in the context of the regulatory environment,including
Ii Habitat Equivalency Analysis and UMAM.This course provides excellent coverage of very complex
t subject.Instructors: Ed Steinmeyer(Moderator),Mark Fonseca,Roy Dennis, Tim Rach,Kevin Claridge
000. BEACH RENOURISHMENT AND NEAR SHORE HARD BOTTOMS Beach renourishment
project occur frequently in Florida and often these activities cause hardbottom impacts to the
nearshore habitat. This session will examine the impact considerations of a renourishment project.
Issues addressed will include:the associated hardbottom,mixing zone,and down current drift;
hardbottom mapping techniques and pre-and post-nourishment monitoring methods;and
regulatory challenges for permitting and determining mitigation. Examples of renourishment
projects impact and the regulatory challenges will be discussed.Come prepared to listen,learn,and
participate!Instructors: Erin Hodel,Penny Curt,Jackie Keiser,Lainie Edwards
*+IMPERILED SPECIES t*
PPP. FUTURE DIRECTIONS FOR SPECIES MITIGATION AND CONSERVATION BANKING This panel
will provide the latest information on Candidate Species Updates,State and Federal current and
future mitigation policies related to species,and the implications for both public and private
infrastructure projects.Course covers new mitigation policy related to species impacts for all USFWS
agency actions under both the CWA and ESA. Discussion of updated Imperiled Species Action Plans.
Get the latest information and hear the discussion on the implications for Florida.Instructors:Sheri
Lewin(Moderator),Steve Collins,Xavier Pagan,Scott Sanders,Connie Cossler
QQQ.&RRR. EMERGING ISSUES AFFECTING CONSERVATION OF FLORIDA'S IMPERILED
WILDLIFE SPECIES,INCLUDING POTENIAL IMPACTS OF CLIMATE CHANGE ON WILDLIFE
COMMUNITIES Never have the costs and risks of conservation been so high nor the opportunities
for establishing a new conservation vision for Florida as great as they are today.No less than a dozen
landscape-scale wildlife and habitat planning programs are currently being implemented
collaboratively in most cases by the Florida Fish and Wildlife Conservation Commission,US Fish and
Wildlife Service,other regulatory agencies and conservation organizations.These initiatives generally
involve development of state-wide management plans for high profile wildlife species,
implementation of a revised state listed process for imperiled wildlife species,habitat identification
and ranking analyses for preservation under projects that include the Conservation Cooperative
Blueprint and the Peninsular Florida Landscape Conservation Cooperative,best management
practices for wildlife on agricultural lands and consolidation of regulatory processes.Each of these
programs has potential to profoundly affect the ways we conserve listed species and the habitats
upon which they depend.They also will affect each of us in our responsibilities as regulators,land
managers and consultants.Additionally,there is a possibility that changes to our climate may be
affecting Florida's terrestrial and aquatic wildlife communities.The Florida Fish and Wildlife
Conservation Commission has taken the time to study this issue and will come prepared to present
i its surprising findings,with commentary from other scientists with expertise in this area.The
f( presenters in this session will provide salient overviews of these programs and issues with
information regarding how to participate and acquire additional information.Instructors: Doug _
Rillstone(Moderator),Colleen Reilly,Doniel Judy,Austin Carroll,Jeff Collier,Bud Vielhauer,Annie 67
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7/6/2016 Topic Descriptions—Florida Environmental Network
1 Dziergowski
SSS. REGULATION,MANAGEMENT&CONSERVATION OF WILDLIFE Many imperiled wildlife
species spend some if not all of their life-cycles on land that is or has been historically managed for
agriculture and silvicuture. The Florida Department of Agriculture and Consumer Services and the
Fish and Wildlife Conservation Commission both recognize that agriculture provides a valuable
benefit to the conservation and management of fish and wildlife in the state and have developed best
management practices that reflect the industrys existing contribution to the conservation and
management of aquatic life and wildlife in Florida. Properly implemented BMPs can exempt
agricultural and silvicultural lands from certain imperiled species permitting guidelines,and the
i Commission is in the process of developing guidelines for a wide range of other state imperiled
species where such BMPs may also play a role. The Commission has also been actively working to
implement an agreement with the U.S.Fish and Wildlife Service that would allow the Commission to
issue permits for the"take"of federally listed species instead of the Service.The members of this
panel have been actively involved in the development and implementation of these important wildlife
practices,policies,and guidelines.The panel will review current imperiled species guideline
development,the development and implementation of the best management practices and how the
guidelines and best management practices could affect the use of agricultural and other land in
Florida and the southeastern United States.Instructors: Susan Stephens(Moderator),Scott Sanders,Dan
Roach,Annie Dziergowski,Bill Bartnick
+� TTT.THREATENED AND ENDANGERED SPECIES IN THE MARINE REALM Extremely timely and
informative course will"cover the bases"from NEPA to permitting;critical environmental issues
I including Johnson Seagrass,protected fish species and essential fish habitat,sea turtles,and marine
mammals;use of UMAM and HEA for determining mitigation requests;examples of lessons learned
in dealing with and applying federal and state requirements to seaports,beach renourishment,and
coastal development;discussion of emerging issues. Audience participation encouraged!
Instructors:Penny Cutt Bill Precht,Mary Jo Barkoszi, Tori White
**WASTE MANAGEMENT AND SITE REMEDIATION**
UUU.SELLING AND FINANCING OF CONTAMINATED PROPERTIES:WHAT IS THE RISK
TOLERANCE OF FINANCIAL INSTITUTIONS REGARDING ENVIRONMENTAL LIABILITIES?While
there are definitely incentives for redeveloping properties with perceived or actual environmental
concerns,working with lenders in securing financing for the same may present additional challenges.
Hear what the experts working for banks,equity capital,and other sources of finance have to say
What do lenders and equity investors need to meet their internal lending criteria? How do they
manage environmental risks in their portfolios?Are traditional banks all the same? What's available
from non-traditional lending sources? How do they and their attorneys view the recent evolution of
FDEP's institutional controls policy?Our panelists will provide answers to these questions and much,
much more! join this new and interactive panel discussion as our experts provide insight into
funding options and environmental risk management for redevelopment projects.Instructors:Anna
Long(Moderator),Mary Hurley,Jennifer Pollock Ralph DeMeo
VVV. SUSTAINABLE APPROACHES TO REDEVELOPING CLOSED LANDFILLS AND WASTE
DISPOSAL AREAS IN FLORIDA You discovered an old waste disposal area in your development
project?Many have!With an improved economy and associated increase in land development
throughout Florida,there are instances where old landfills/disposal areas are discovered during the
development process.In order to prevent delays and cost overruns,an understanding of various
regulatory requirements and remedial options are necessary in order to effectively execute a
development project when buried waste is encountered.This extremely relevant and timely issue will
be covered by a panel of experts in the fields of landfill regulation,remediation technology,and
sustainable design.They will engage the audience as they present and discuss the various regulatory
approvals that may be required to develop a closed landfill or waste disposal area in Florida.The
panel will also discuss the many issues that will likely arise,including post closure care requirements,
permits,financial assurance obligations,liabilities,incentive programs,remedial options,and
institutional controls.Instructors: Brian Moore(Moderator),Mike Caldwell,Jon Moyle,Mary Yeorgan,Ron
I Cope
WWW.&XXX. LANDFILLS,GOLF COURSES AND GAS STATIONS,OH BUY!-THE HOTEST PLAYS
IN FLORIDA BROWNFIELD AND THE MOST EFFECTIVE TECHNICAL,REGULATORY,LEGAL AND
ENVIRONMENTAL JUSTICE STRATEGIES FOR REDEVELOPMENT SUCCESS This panel will examine
the current state of regulatory and financial incentives as well market dynamics,financing
Lconsiderations,and social equity concerns that help private developers and local governments 68
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7/6(2016 Topic Descriptions—Florida Environmental Network
collaborate to overcome the risk,limit the liability,and manage the cleanup costs associated with
taking title to and redeveloping contaminated sites. Specific examples of successful and profitable
fprojects and the community benefits they create will be discussed with an emphasis on landfills,golf
courses,and gas stations.A comprehensive discussion of applicable Florida and federal rules and
best management practices will be presented by a leading panel of Florida experts who will also
provide a replicable,scalable,and easy-to-follow path for private development principals,local
government planners,lenders,and other brownfield stakeholders. After this class,attendees will be
well-positioned.Instructors: Michael Goldstein(Moderator),Mike Schackne,Moribel Nicholson-Choice,
Frank Hearne,Rick Burgess,Janet Peterson,Mary Yeargon
YYY.CURRENT HARVEST OF RBCA FRUIT:A FULL BASKET AND SEEDS FOR THE FUTURE:A RISK
BASED CORRECTIVE ACTION UPDATE The last year has seen further significant changes in the
implementation of risk base corrective actions in Florida. This panel of experts will recap the recent
legislation,policy changes and rule development,including the expanding acceptance of non-
recorded instruments to achieve site closure,revisions to the depth of contamination in the
application of direct exposure soil cleanup target levels,and examples of new Land Use Controls for
Airports and Ports.Rulemaking for Chapter 62-777 is facing challenges,the Institutional Control
Procedures Guidance(ICPG)is nearing completion,the Contaminated Media Forum(CMF)is tackling
new cleanup target levels,and Chapter 62-780 is on its final approach.With everything going on in
the world of RBCA,you cannot miss this course!Come prepared to participate in a lively and
informative discussion!Instructors:Jorge Caspary(Moderator),Laurel Lockett,Dr Nicole Penichet Tom
Lewis,Al Malefotto,Joe Ullo
ZZZ.&AAAA.RIDING THE RBCA WAVE OF CHANGE!PRATICAL APPLICATIONS OF DEP'S RISK
BASED CORRECTIVE ACTION POLICY This course picks up where the Risk Based Corrective Action
Update panel finishes.It presents specific-cases where the evolution of RBCA and Institutional
Controls has been applied.A new IC consisting of the application of Memorandums of Understanding
with Water Management Districts will be presented.The practical application of these changes to
large property owners such as the Tampa International Airport will also be discussed.Case studies
will focus on the approach taken by responsible parties on achieving site closures by means other
than a restrictive covenant.Part of the class will be on recent developments in achieving site closures
using a probabilistic risk assessment. A must-attend,up-to-date,timely,and informative course on a
hot topic designed for active audience participation. Instructors:Ralph DeMeo(Moderator),Peter
Cornais,Jim Oliveros,Chris Teaf,Jim Langenbach,Steve Folsom,Howard Nelson,Carl Eldred,Robin Neely,
Justin Wolfe
BBBB. TECHNICAL ASPECTS OF THE PHASE 1 ESA AND COMPLIANCE WITH AAI&ASTM E1S27-
13.BONUS:THE EVOLVING USE OF DRONES IN COMPLETING A PHASE 1 IN FLORIDA AND WHO
REGULATES THEM?Nation-wide,and throughout the community of those who buy,sell or finance
real estate,the ASTM El 527-13 Phase I Environmental Site Assessment Standard is the most widely
used business environmental risk tool in the marketplace. However,this Standard was not designed
as the panacea that it has become. The Standard is replete with nuances in connection with the
CERCLA(Superfund)release definition,activity and use limitations,continuing obligations in
connection with the CERCLA defenses,appropriateness of additional file review,and when and how
recommendations should be managed.This has created confusion that is affecting the legal,banking
and insurance communities who also have strong ties to the real estate marketplace. This session
discusses the ASTM Standards,what they are,what they are not,and how and when to apply them.
Get informed from people who wrote the ASTM Standards and routinely provide expert testimony
regarding their interpretation and application in the marketplace.Bonus:the use of Unmanned
Aircraft Vehicles(UAVs)has increased significantly in Florida and we rank fourth in the nation
regarding the positive economic impact expected from the use of drones for commercial and
environmental studies purposes. How can you be sure that your company is flying right? What's the
I process for obtaining authorization to fly a drone commercially? How long does it take to properly
register a drone? This bonus will provide answers to these questions and more.Instructors:Robert
Stephens,Nick Albergo,Anna Long
i CCCC. SUCCESS STORIES IN COMMERCIAL RECYCLING Florida has a very ambitious 75%recycling
goal that needs to be obtained by 2020. So far,the recycling rate benchmarks have been met,but we
still have a long way to go. How will Florida get to the 75%goal? It's going to take more than just
residential curbside programs. It's going to take a concerted effort by the Florida business
community in order to achieve the goal. Recycling is not always easy for businesses and at times is
considered a burden on them. But some businesses are finding ways to do what's right for the
environment as well as helping its bottom line.Come listen in as a panel of experts in this area
discusses what's ahead in the area of recycling.Instructors: Keyna Cory(Moderator),Kim Brunson,Liz 69
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Consent Agenda Item
INDIAN RIVER COUNTY, FLORIDA
DEP
ARTMENT OF UTILITY SERVICES
Date: July 1, 2016
To: Jason E. Brown, County Administrator
From: Arjuna Weragoda, Capital Projects M r ko
Through: Vincent Burke, Director of Utilities
6)
Subject: Approval to Cover Costs Affiliated with Louisiana Ave Force Main
DESCRIPTIONS AND CONDITIONS:
In the fall of 2014, staff met with the City of Sebastian, the Sebastian Chapter of the VFW and The
Sebastian Chapter of the American Legion regarding the possible connection to the County's sewer
system. The existing septic systems serving the two properties were failing.
ANALYSIS:
During the meeting, the City of Sebastian agreed to contribute $50,000 in City grant funds to connect
the two commercial properties to County sewer. In the best interest of the County due to timing, costs
and environmental concerns, staff agreed to cover the County's share of the project at the completion
of construction. That work entailed the design and construction of an extension to an existing force
main 196 linear feet to accommodate service to the two properties and future potential connections
along Louisiana Ave. Specifics of the hiring of the engineer and contractor were left up to the VFW and
American Legion. Now that construction is complete and the properties are served by county sewer,
the County's costs for design and construction total $11,329.
`FUNDING:
Funds for this project are derived from capital funding. Capital fund revenues are generated from
impact fees. Furthermore, new customers have created the need for the expansion or construction of
the facilities, and those customers will benefit from this project.
ACCOUNT NO.:
Description Account Number Amount
Louisiana Ave. Force Main 472-169000-16522 $11,329.00
RECOMMENDATION:
Staff recommends that The Board of County Commissioners approve the expenditure for the expansion
of the Louisiana Ave. force main in order to serve the American
Legion and VFW. Indian River Co. Approv d Date
APPROVED FO NDA: Administration
B . � Legal
y Budget M
7 5
Jason E. ro , County Administrator Utilities
Utilities-Finance 064, _ {V
For: July 12, 2016
70
Consent •
V FI?c,
�� OG
INDIAN RIVER COUNTY, FLORIDA
s * DEPARTMENT OF UTILITY SERVICES
Date: July 02, 2016
To: Jason E. Brown, County Administrator
From: Vincent Burke, P.E., Director of Utility Services
Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager 41)
Subject: Work Order No. 3 with MBV Engineering, Inc.for the South County Waste Water
Treatment Facility FDEP operating permit renewal.
DESCRIPTIONS AND CONDITIONS:
The South County Wastewater Treatment Facility (WWTF), located at 600 Highland Drive SW, is
currently operating under a Florida Department of Environmental Protection (FDEP) operating
permit (FLA010435) that is set to expire on April 23, 2017. According to Rule 62-620.335 of the
Florida Administrative Code, all wastewater treatment facilities must submit a renewal application
to the FDEP 180 days prior to permit expiration. Thus FDEP must receive this application prior to
October 25, 2016.
ANALYSIS:
In order to meet the FDEP deadline and for staff to review the application package prior to
submittal, MBV Engineering, Inc. (MBV) was asked to provide a scope of work to assist in the
renewal application package. The work order is provided in accordance with the Extension and
Amendment of the Continuing Services Contract Agreement for Professional Services with MBV
Engineers, Inc., dated November 4, 2014. The scope is more specifically described in the attached
Work Order No. 3, which is broken into five (5) tasks for a lump sum fee total of $20,750.00. MBV
was the engineer that assisted the County in the last FDEP permit renewal at the South County
WWTF for the same fee.
FUNDING:
Funding for the Professional Service Work Authorization is budgeted and available in the Other
Professional Services account operating fund. Operating funds are generated from water and sewer
sales.
ACCOUNT NO:
Description Account Number Amount
Other Professional Services 47121836-033190 $20,750.00
71
RECOMMENDATION:
Staff recommends approval of the attached Work Order No. 3 authorizing the above-mentioned
professional services and requests the Board to authorize the Chairman to execute the attached
Work Order No.3 on their behalf for a lump sum amount of$20,750.00 to MBV Engineers, Inc.
ATTACHMENT(s):
Work Order No. 3
APPROVED FOE AGENDA:
By: ( All,
Jason . Br wn, County Administrator
For:—July 12, 016
Date
Indian River Co. Approv d Date
Administration AWL
Legal
Budget yif
Utilities
Utilities-Finance
K:\Utilities\UTILITY-Engineering\WASTEWATER\WWTF-South Regional\2017 FDEP Permit Renewal\Agenda-MBV WO No.3 for South County WWTF
operating permit renewaL.docx
72
f
M M- --,� BV, -
ENGINEERING, INC.
MOIA BOWLES VILLAMIZAR&ASSOCIATES
www.mbveng.com CA?'3728
June 29, 2016
Mr. Vincent Burke, Utility Director Ilia E-Mail(vburkeLircgov.com)
Indian River County Department of Utility Services
1801 27`11 Street
Vero Beach, FL 32960
Subject: Proposal /Contract for Professional Engineering Services
For the Indian River County South County WWTF Permit Renewal (FLA010435)
Indian River County, Florida
Engineer's Project Number: 16-0244
Dear Mr. Burke:
At your request, we are hereby submitting our proposal to provide professional services for the
above subject project.
PROJECT DESCRIPTION
According to the Florida Department of Environmental Protection (FDEP) Wastewater Treatment
Facility (WWTF) records, the Indian River County South County WWTF Operating Permit
(FLA010435) will expire on April 23, 2017. Rule 62-620.335 of the Florida Administrative Code
(F.A.C.) requires that all wastewater treatment facilities renew the FDEP Operating Permit every
five to ten years, depending on permit limitations. Applications for permit renewal must be
submitted to the appropriate FDEP office at least 180 days prior to the expiration of the FDEP
Permit. Therefore, the renewal application for the Indian River County South County WWTF is
due on or before October 25, 2016. The following scope is provided to address these items.
SCOPE OF SERVICES
Task 1 —Site Inspection
MBV Engineering, Inc. will conduct the required site inspections to inspect the site and meet with
the plant operators. The inspections will include an evaluation of the following:
1. The general condition of the facility
2. Component, system, and process reliability standards as required by Rule 62-
600.400(1)(b), F.A.C.
3. Component, system, and process operations
4. Hydraulic and organic loading
5. Safety features
1835 20th Street. 1250 W.Eau Gallie Blvd.,Suite L 806 Delaware Avenue
Vero Beach,FL 32960 Melbourne,FL 39235 Ft.Pierce,FL 34950
772.569.0035 321.253.1510 772.468.9055
Fax 772.778.3617 Fax:321.253.0911 Fax 772.778.3617
73
Mot
��
®� Mr. Vincent Burke
June 29, 2016
Page 2 of 5
Project Number: 16-0244
6. Operator certifications
7. Facility maintenance program
8. Facility records
9. Sampling procedures
10. Laboratory analysis procedures
Task 2—Tabulation and Analysis of Plant Operating Data
MBV Engineering, Inc. will tabulate and analyze, as required by FDEP, historical plant operating
data, which documents plant operating conditions for the duration of the current operating permit.
Plant operating data will be provided by Indian River County Utilities (IRCU)staff as specified in
the "Information Provided by Owner'' section found within this Scope of Services.
Task 3—Preparation and Submittal of FDEP Permit Renewal
MBV Engineering, Inc will prepare and provide to IRCU, the following applications and forms
necessary to obtain the facility's required operating permit. After IRCU approval MBV
Engincering, Inc will then provide the applications and forms to FDEP.
1. FDEP Wastewater Facility or Activity Permit Form I - DEP Form 62-620.910(1)
2. FDEP Wastewater Facility or Activity Permit Form 2A - DEP Form 62-620.910(2)
3. Application to renew shall include updated Capacity Analysis Report (62-600.405)
4. Application to renew shall include detailed Operation and Maintenance Report
(62-600.735)
Task 4—Preparation of FDEP Required Backup Documentation
MBV Engineering, Inc. will provide to FDEP and IRCU the following backup documents, maps,
and diagrams that'are necessary to obtain the facility's required operating permit.
1. Process Flow Diagram
2. Site Plan
3. Location and Vicinity Maps
4. Facilities Description
Task 5—Attendance at FDEP Meeting/Sitc Inspection Necessary to Close-out New Permit
MBV Engineering, Inc will attend the final walk through meeting/inspection that is normally
necessary in order to finalize the permitting process. This on-site meeting is usually attended by
-both FDEP and county personnel as well as a representative of the engineering firm in order to
discuss the details of the W WTF and what, if any, plant issues need to be addressed.
74
Mr. Vincent Burke
June 29, 2016
Page 3 of 5
Project Number: 16-0244
SCHEDULE
MBV Engineering, Inc will prepare the pen-nit renewal application in a timely manner. The
renewal application for the Indian River County, South County WWTF and all supporting
documentations specified above will be submitted and IRCU on or before September 25, 2016.
After approval by the IRC the application and supporting documentation will then be submitted to
FDEP on or before October 25, 2016.
FEES
MBV Engineering, Inc will provide these services for a lump sum fee as follows:
Task 1 —Site Inspection $ 2.250
Task 2—Tabulation of Plant Operating Data(supplied by County) $ 2,500
Task 3 —Preparation & Submittal of FDEP Permit Renewal $ 11,500
Task 4—Preparation of FDEP required backup documentation $ 4,500
Task 5—Attendance at FDEP Meeting/Site Inspection Included
Total $ 20,750
This fee schedule assumes the subject plant is not under enforcement action, has no outstanding
violations and is operating with no substantial deficiencies. Should involvement with enforcement
action or violation be required and/or should responses to FDEP be required to address plant
deficiencies resulting from the permit submittal, our services will be available and additional
scope, if required, will be coordinated with IRCU prior to commencement.
ADDITIONAL SERVICES
The following services are not included in the Scope of Services for this project, but may be
required depending -on circumstances that may arise during the execution of this project.
Additional services include, but may not be limited to the following:
• Additional site visits that are not described in the Scope of Services
• Attendance at meetings that are not described in the Scope of Services
• Reponses to agency requests for additional information beyond what is listed herein
• Research of FDEP/client files to obtain information necessary for permitting
• Preparation of updated Effluent Disposal and Reclaimed Water Use Protocol (if requested by
FDEP)
• Preparation of updated Reuse Feasibility Study (if requested by FDEP)
• Preparation of updated Operation &Maintenance Manual (if requested by FDEP)
75
Rio
002 Mr. Vincent Burke
June 29, 2016
Page 4 of 5
Project Number: 16-0244
REQUIRED INFORMATION TO BE PROVIDED BV OWNER:
The Owner shall provide the following information related to the Indian River County South
County Wastewater Treatment Facility, FDEP Permit Renewal:
• Access to the facility for site inspection(s)
• Last 4 years of DMRs
• Current operating permit
• Residuals Dewatering Permit
• Current Reclaimed Water or Effluent Analysis Report
• Current Effluent Disposal and Reclaimed Water Use Protocol
• Current Reuse Feasibility Study
• RPZ certification(s)
• Flow meter calibration report(s)
• Violations/Inspections from FDEP
• List of Modifications to WWTF since the last permit renewal (201 1)
• Agreements with Individual Users of Reclaimed Water
• Operation Manager's name & certification number
• Chief Plant Operator's name& certification number
• Sample Testing Laboratory —Name, Address & Certification Number
• Year facility was placed into service
• Name and title of person signing applications for renewal
• Residual Hauler Agreement — Facility information: name, address, phone, ID number, and
treatment process
• Provide existing facility volumes (i.e. aeration basins, chlorine contact chamber, etc.) either
from design plans or recent permit renewal plans.
Invoices for our services will be billed upon submittal of the FDEP Permit Renewal Application,
with payment due upon your receipt of the invoice. A service charge of l-%% per month will be
billed for late payments.
We are available to begin work described herein upon our receipt of your written acceptance of
this proposal/contract. This proposal is valid if accepted within ninety (90) days from the date of
this proposal/contract.
Should you require further information or clarification, please call.
76
Mr. Vincent Burke
June 29, 2016
Page 5 of 5
Project Number- 16-0244
Sincerely,
MBV Engineering, Inc.
Aaron Bowles, P.E Vice President Witness
AB/jeh
Accepted and Agreed to this ' day of 20
Signature Witness
PURSUANT TO FLORIDA STATUTES SECTION 558.0035 (2013)
AN INDIVIDUAL EMPLOYEE OR AGENT MAY NOT BE HELD
INDIVIDUALLY LIABLE FOR NEGLIGENCE.
77
WORK ORDER NUMBER #3
IRCUD South County WWTF Permit Renewal
This Work Order Number 3 is entered into as of this 1 day of July , 2016, pursuant to that
certain Continuing Contract Agreement for Professional Services, dated November 15, 2011, and that
certain Extension and Amendment of Continuing Contract Agreement for Professional Services entered into
as of this 4"day of November,2014(collectively referred to as the"Agreement"), by and between INDIAN
RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and MBV Engineering, Inc.
("Consultant").
The COUNTY has selected the Consultant to perform the professional services set forth on
Exhibit A(Scope of Work), attached to this Work Order and made part hereof by this reference. The
professional services will be performed by the Consultant for the fee schedule set forth in Exhibit A
(Fee Schedule), attached to this Work Order and made a part hereof by this reference. The
Consultant will perform the professional services within the timeframe more particularly set forth
in Exhibit A (Time Schedule), attached to this Work Order and made a part hereof by this reference
all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph
1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the
Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual
Work Order as if fully set forth herein.
IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first
written above.
CONSULTANT: BOARD OF COUNTY COMMISSIONERS
MBV Engineerin c. OF INDIAN RIVER COUNTY
By: gy; -
Bob Solari,Chairman
Title: Vice President
BCC Approved Date:
Attest:Jeffrey R. Smith,Clerk of Court and Comptroller
By:
Deputy Clerk
Approved:
Jason E. Brown,County Administrator
Approved as to form and legal sufficiency:
Dylan T. Reingold, County Attorney
78
Consent Agenda
Indian River County
Interoffice Memorandum
Office of Management & Budget
To: Members of the Board of County Commissioners
From: Michael Smykowski �u l
Director, Office of Management & Budget
Date: July 6, 2016
Subject: Miscellaneous Budget Amendment 022
Description and Conditions
The attached budget amendment appropriates funding necessary for the following:
1. On July 5, 2016, the Board of County Commissioners approved a budget amendment for start-
up costs at the Indian River County Shooting Range new Skeet & Trap Facility. The attached
entry appropriates funding in the amount of$ 95,603 from MSTU Fund/Cash Forward-Oct 1s'
Staff Recommendation
Staff recommends that the Board of Commissioners approve the attached budget resolution
amending the fiscal year 2015/2016 budget.
Attachments
Budget Amendment 022 and Resolution
Indian River
APPROVE ENDA Count A r Date
BY: Administrator 7 � ro
Jaso YE. rown Legal
Coun ministrator Budget v1A
FOR: July 12, 2016 Department
Risk
Management
79
RESOLUTION NO. 2016-
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
AMENDING THE FISCAL YEAR 2015-2016 BUDGET.
WHEREAS, certain appropriation and expenditure amendments to the
adopted Fiscal Year 2015-2016 Budget are to be made by resolution pursuant to
section 129.06(2), Florida Statutes; and
WHEREAS, the Board of County Commissioners of Indian River County
desires to amend the fiscal year 2015-2016 budget, as more specifically set forth
in Exhibit "A" attached hereto and by this reference made a part hereof,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year
201.5-2016 Budget be and hereby is amended as set forth in Exhibit "A" upon
adoption of this Resolution.
This Resolution was moved for adoption by Commissioner
, and the motion was seconded by Commissioner ,
and, upon being put to a vote, the vote was as follows:
Chairman Bob Solari
Vice Chairman Joseph E. Flescher-
Commissioner Wesley S. Davis
Commissioner Peter D. O'Bryan
Commissioner Tim Zorc
The Chairman thereupon declared this Resolution duly passed and adopted
this day of , 2016.
INDIAN RIVER COUNTY, FLORIDA
Attest: Jeffrey R. Smith Board of County Commissioners
Clerk of Court and Comptroller
By By
Deputy Clerk Bob Solari, Chairman
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY
COUNTY ATTORNEY so
Exhibit "A"
Resolution No.2016-
Budget Office Approval:�`�"'` ! (� Budget Amendment:022
Michael Smykowski, Budget Director
Entry Fund/Department/Account Name Account Number Increase Decrease
Number
1. Revenue
MSTU Fund/Non-Revneue/Cash Forward Oct 1st 004039-389040 $95,603 $0
Expense
MSTU Fund/Shooting Range/Salaries 00416172-011120 $6,636 $0
MSTU Fund/Shooting Range/Part Time Salaries 00416172-011130 $5,558 $0
MSTU Fund/Shooting Range/Social Security 00416172-012110 $803 $0
MSTU Fund/Shooting Range/Health&Life Insurance 00416172-012130 $1,022 $0
MSTU Fund/Shooting Range/IOPEB 00416172-012160 $274 $0
MSTU Fund/Shooting Range/Retirement 00416172-012120 $1,007 $0
MSTU Fund/Shooting Range/Worker's Compensation 00416172-012140 ,$224 $0
MSTU Fund/Shooting Range/Other Equipment&Machinery 00416172-066490 $65,100 $0
MSTU Fund/Shooting Range/Dues-Membership 00416172-035420 $3,000 $0
MSTU Fund/Shooting Range/Operating Supplies 00416172-035290 $11,979 $0
81
CONSENT AGENDA
INDIAN RIVER COUNTY
OFFICE OF MANAGEMENT AND BUDGET
PURCHASING DIVISION
DATE: June 30, 2016
TO: BOARD OF COUNTY COMMISSIONERS
THROUGH: Jason E. Brown, County Administrator
Mike Smykowski, Budget Director
FROM: Jennifer Hyde, Purchasing Manag 4
SUBJECT: Approval of Award for Bid 2016032 —South County WTP Well No. 7 Raw Water
Pipeline
BACKGROUND:
The Department of Utility Services requested the solicitation of sealed bids for the construction of
a raw water pipeline to carry water from a new production well (Well No. 7, which will be
constructed under a separate contract), to the South County RO WTP.
BID RESULTS:
Bid Opening Date: June 1, 2016
Advertising Date: April 27, 2016(
Demandstar Broadcast to: 589 Subscribers
Specifications/Plans Downloaded by: 35 Vendors
Replies: 2 Vendors
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Blue Goose Construction, LLC Fort Pierce $154,319.50
Timothy Rose Contracting, Inc. Vero Beach $169,349.00
ANALYSIS:
The Department of Utility Services and its consulting engineer, Kimley-Horn and Associates (KHA)
have reviewed the bids received and the department has made its recommendation of award to
the lowest, responsive and responsible bidder, Blue Goose Construction, LLC for the total contract
amount of $154,319.50. The engineer's opinion of probable cost was $150,000.00, or just 2.9%
under the lowest bid.
SOURCE OF FUNDS:
Funding in the amount of $154,319.50 is available in the capital account (471-169000-14506)
within the operating fund. The operating fund is derived from water and sewer sales.
82
CONSENT AGENDA
RECOMMENDATION:
Staff recommends the Board award Bid 2016032 to Blue Goose Construction. Staff further
recommends the Board approve the attached agreement and authorize the Chairman to execute it
upon: review and approval by the County Attorney as to form and legal sufficiency, the approval of
the required Public Construction Bond by the County Attorney, and the review and approval of the
required insurance by Risk Management.
Attachment:
Agreement
APPROVED AG A ITEM
Indian River Co App r a Dat
BY: Admin b
Jason E. row , County Administrator Legal
Budget
Department J �`
FOR: July 1 , 2016 Risk
83
Agreement
Bid No. 2016032
South County Water Treatment Plant Well No. 7 Raw Water Pipeline
THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the
State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called
OWNER) and Blue Goose Construction, LLC (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree
as follows:
ows:
ARTICLE 1 - WORK
1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents
as set forth in Article 8 of this Contract. The Work is generally described as follows:
Contractor as an independent contractor and not as an employee shall furnish and complete all
of the necessary labor, material and equipment to perform the work as specified or indicated in
the Contract Documents and per FDEP, the Indian River County Department of Utility Services
and County Engineering Department standards. The work is generally described as follows:
The proposed work generally consists of furnishing all labor, materials, tools and equipment to
construct approximately 1,350 LF of 12-inch PVC watermain, construct approximately 210 LF of
16-inch HDPE water main via horizontal directional drill under the park entrance, and install all
necessary fittings and restraints shown on the project plans. All work will include maintaining
traffic control, complete restoration and all other appurtenant and miscellaneous related items
and work for a completed project. It is the intent of the Indian River County. Department of Utility
Services to obtain complete and working installations under this contract and any items of labor,
equipment, and materials that may reasonably be assumed as necessary to accomplish this end
shall be supplied whether or not they are specifically stated herein. All work as shown on the
construction plans will be done in accordance with the Indian River County Department of Utility
Services Water & Wastewater Utility Standards, (December 2015) or latest edition, unless
specified differently in the individual Work Authorizations or changed by the Engineer or his
representative. The work is located in the South County Park directly east of the South County
Water Treatment Plant on 201h Avenue, North of Oslo Road.
The construction of the utility improvements described above shall also consist of, but not limited
to: resetting of existing facilities disturbed during construction; utilities exploration; coordination
with any permitting agencies; trenching; clearing and tree removal; dewatering; installation of
pipe, structures and all appurtenances; fittings and restrainers; soil backfill compaction; testing;
(including backfill and subgrade testing); road, landscape and driveway restoration; re-grading
and grassing (sod); mobilization, demobilization and traffic control. No excavation shall be left
open when work is not actively being performed. Construction fencing used in the work area shall
not block sight distance near intersections or driveways. All construction equipment and materials
shall be stored in a manner that does not disrupt park operations. The park entrance shall remain
open and operational throughout construction.
Section 00530-1
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The Contractor is responsible for obtaining all necessary permits. County has obtained the
necessary Florida Department of Environmental Protection Potable Water System Component
Construction Permit.
ARTICLE 2 - THE PROJECT
2.01 The Project for which the Work under the Contract Documents may be generally described
as follows:
Project Name: South County Water Treatment Plant Well No. 7 Raw Water Pipeline
Bid Number: 2016032
Project Address: South County Park, 201 Avenue and Oslo Road.
ARTICLE 3 —TERM AND CONTRACT TIMES
3.01 The CONTRACTOR shall be substantially completed with the following timeframe
(a) Within 60 calendar days from effective date of Notice to Proceed, Contractor shall
complete the following tasks:
1. Obtain all necessary permits.
2. Receive approved shop drawings for all materials and equipment to be
utilized in the job.
3. Perform all photographic recording and documentation of conditions prior
to construction.
4. Locate all existing utilities in the area of work.
5. Mobilize all labor, equipment, and materials.
6. Deliver and store all equipment and materials to the job site.
8. Notify all utilities and other affected parties prior to initiating construction.
9. Construct the water main, including the portion to be installed via horizontal
directional drill.
(b) Completion of all tasks outlined above (i.e., Subparagraphs a) and b) constitutes
Substantial Completion.
(c) From 60 calendar days to 90 calendar days from the effective date of Notice to
Proceed, the CONTRACTOR shall complete the following tasks:
1. Clean up project area.
2. Remove all equipment and material from project site.
3. Perform contract closeout procedures.
3.02 Completion of all tasks outlined above (i.e., Subparagraphs a, b, and c) constitute
Final Completion.
3.03 Liquidated Damages
CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and
that OWNER will suffer financial loss if the Work is not completed within the times specified
in paragraph-3.01 above, plus any extensions thereof allowed in writing as a change order
Section 00530-2
85
to this Agreement. The parties also recognize the delays, expense, and difficulties involved
in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not
completed on time. Accordingly, instead of requiring any such proof, OWNER and
CONTRACTOR agree that as liquidated damages for delay (but not as a penalty),
CONTRACTOR shall pay OWNER$450.00 for each calendar day that expires after the time
specified in paragraph 3.01 for completion and readiness for final payment until the Work is
completed and ready for final payment.
ARTICLE 4- CONTRACT PRICE
4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds
equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in
paragraph 4.01.13, below:
A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit.
B. THE CONTRACT SUM subject to additions and deductions provided in the Contract
Documents:
Numerical Amount: $154,319.50
Written Amount: one hundred fifty four thousand three hundred nineteen dollars and
fifty cents
ARTICLE 5 - COMPENSATION
CONTRACTOR shall submit Applications for Payment on a monthly basis. Applications for
Payment will be processed by ENGINEER as provided in the Contract Documents.
5.1 Progress Payments. The OWNER shall make progress payments to the CONTRACTOR on
the basis of the approved partial payment request as recommended by ENGINEER in
accordance with the provisions of the Local Government Prompt Payment Act, Florida
Statutes section 218.70 ET. seq. The OWNER shall retain ten percent(10%)of the payment
amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After
fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER
in writing, OWNER shall retain five percent (5%) of the payment amount due to
CONTRACTOR until final completion and acceptance of all work to be performed by
CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section
218.735(8) (b), fifty percent (50%) completion means the point at which the County as
OWNER has expended fifty percent(50%)of the total cost of the construction services work
purchased under the Contract Documents, together with all costs associated with existing
change orders and other additions or modifications to the construction services work
provided under the Contract Documents.
5.2 Pay Requests. Each request for a progress payment shall be submitted on the application
for payment form supplied by OWNER and the application for payment shall contain the
CONTRACTOR's certification. All progress payments will be on the basis of progress of the
work measured by the schedule of values established, or in the case of unit price work based
on the number of units completed. After fifty percent (50%) completion, and pursuant to
Section 00530-3
86
Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a_pay request to the
County as OWNER for up to one half(1/2) of the retainage held by the County as OWNER,
and the County as OWNER shall promptly make payment to the CONTRACTOR unless such
amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida
Statutes section 255.05(2005); or otherwise the subject of a claim or demand by the County
as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such
retainage is attributable to the labor, services, or materials supplied by one or more
subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to
those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8) (c)
(2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER
shall receive immediate written notice of all decisions made by CONTRACTOR to withhold
retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%)
completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the
withheld retainage until the final pay request.
5.3 Acceptance of Final Payment as Release. The acceptance by the CONTRACTOR of final
payment shall be and shall operate as a release to the OWNER from all claims and all
liability to the CONTRACTOR other than claims in stated amounts as may be specifically
excepted by the CONTRACTOR for all things done or furnished in connection with the
work under this Contract and for every act and neglect of the OWNER and others relating
to or arising out of the Agreement. Any payment, however, final or otherwise, shall not
release the CONTRACTOR or its sureties from any obligations under the Contract
Documents or the Payment and Performance Bonds.
ARTICLE 6— INSURANCE AND INDEMNIFICATION
6.01 The CONTRACTOR shall not commence work on this Agreement until it has obtained all
insurance required under this Agreement and such insurance has been approved by the
COUNTY's Risk Manager.
6.02 CONTRACTOR shall procure and maintain, for the duration of this Agreement, the
minimum insurance coverage as set forth herein. The cost of such insurance shall be included
in the CONTRACTOR's fee:
A. Workers' Compensation: To meet statutory limits in compliance with the Workers'
Compensation Law of Florida. This policy must include employers' liability with a limit
$1,000,000 for each accident, $500,000 disease policy limit and $100,000 disease each
employee. Such policy shall include a waiver of subrogation as against Owner on
account of injury sustained by an employee(s) of the CONTRACTOR.
B. General Liability: A per occurrence form policy, including Premise Operations,
Independent Contractors, Products and Completed Operations including X, C, U
(Explosion, Collapse, Underground) Broad Form Property Damage, Broad Form
Property Damage Endorsement, with a combined single limit of not less than
$1,000,000 general aggregate to include products/completed operations, personal
injury/advertising liability, fire damage /legal liability, and medical payments. Limits can
be layered with an Excess Liability Policy (Umbrella).
C. Business Automobile Liabilitv: Coverage shall include Owned vehicles and Hired/Non-
Owned vehicles, for a combined single limit (bodily injury and property damage) of not
less than $1,000,000/combined single limit (Bodily Injury/Property Damage); personal
injury protection -- statutory limits; $300,000 uninsured/underinsured motorist;
Section 00530-4
87
$300,000/hired/non-owned auto liability. Limits can be layered with Excess Liability
Policy (Umbrella).
6.03 Contractor's insurance coverage shall be primary
6.04 All required insurance policies shall be placed with insurers licensed to do business in
Florida and with a Best's rating of A-VII or better.
6.05 The insurance policies procured shall be occurrence forms, not claims made policies
with the exception of professional liability
6.06 A certificate of insurance shall be provided to the COUNTY's Risk Manager for review
and approval, ten (10) days prior to commencement of any work under this Agreement. The
COUNTY shall be named as an additional insured on all policies except workers' compensation
and professional liability.
6.07 The insurance companies selected shall send written verification to the COUNTY's Risk
Manager that they will provide 30 days prior written notice to the COUNTY's Risk Manager of its
intent to cancel or modify any required policies of insurance.
6.08 CONTRACTOR shall include all Subcontractors as insured under its policies or shall
furnish separate certificates and endorsements for each Subcontractor. All coverages for
Subcontractors shall be subject to all of the requirements stated herein.
6.09 The COUNTY, by and through its Risk Manager, reserves the right periodically to review
any and all policies of insurance and to reasonably adjust the limits of coverage required
hereunder, from time to time throughout the term of this Agreement. In such event, the
COUNTY shall provide the CONTRACTOR with separate written notice of such adjusted limits
and CONTRACTOR shall comply within thirty (30) days of receipt thereof. The failure by
CONTRACTOR to provide such additional coverage shall constitute a default by
CONTRACTOR and shall be grounds for termination of this Agreement by the COUNTY.
6.10 The CONTRACTOR shall indemnify and hold harmless the COUNTY, and its officers
and employees, from liabilities, damages, losses, and costs, including, but not limited to,
reasonable attorneys' fees, arising out of or related to the negligence, recklessness, or
intentionally wrongful conduct of the CONTRACTOR and other persons employed or utilized by
the CONTRACTOR in the performance of this Agreement.
ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS
7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the
following representations:
A. CONTRACTOR has examined and carefully studied the Contract Documents and the other
related data identified in the Invitation to Bid documents.
B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the
general, local, and Site conditions that may affect cost, progress, and performance of the
Work.
C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and
Regulations that may affect cost, progress, and performance of the Work.
Section 00530-5
88
D. CONTRACTOR has obtained and careful) studied d (or assumes responsibility for having
done so) all additional or supplementary examinations, investigations, explorations, tests,
studies, and data concerning conditions (surface, subsurface, and Underground Facilities)
at or contiguous to the Site which may affect cost, progress, or performance of the Work or
which relate to any aspect of the means, methods, techniques, sequences, and procedures
of construction to be employed by CONTRACTOR, including applying the specific means,
methods, techniques,-sequences, and procedures of construction, if any, expressly required
by the Contract Documents to be employed by CONTRACTOR, and safety precautions and
programs incident thereto.
E. CONTRACTOR does not consider that any further examinations, investigations,
explorations, tests, studies, or data are necessary for the performance of the Work at the
Contract Price, within the Contract Times, and in accordance with the other terms and
conditions of the Contract Documents.
F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and
others at the Site that relates to the Work as indicated in the Contract Documents.
G. CONTRACTOR has correlated the information known to CONTRACTOR, information and
observations obtained from visits to the Site, reports and drawings identified in the Contract
Documents, and all additional examinations, investigations, explorations, tests, studies, and
data with the Contract Documents.
H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or
discrepancies that CONTRACTOR has discovered in the Contract Documents, and the
written resolution thereof by OWNER is acceptable to CONTRACTOR.
I. The Contract Documents are generally sufficient to indicate and convey understanding of
all terms and conditions for performance and furnishing of the Work.
ARTICLE 8 - CONTRACT DOCUMENTS
8.01 The Contract Documents consist of the following:
A. This Agreement
B. Certificate of Liability Insurance
C. Invitation to Bid 2016032
D. Addenda (numbers 1 to 1 , inclusive);
E. CONTRACTOR'S Bid Form
F. Bid Bond
G. 00431 Schedule of Subcontractors
H. 00452'Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure
of Relationships
Section 00530-6
89
I. 00454 Sworn Statement Under the Florida Trench Safety Act
J. 00456 General Information Required of Bidders
K. Specifications bearing the title "South County Water Treatment Plant Well No 7 Raw
Water Pipeline" as listed in the table of contents hereof
L. Drawings (1-10), inclusive with each sheet bearing the following general title "Well No. 7 at
South County Water Treatment Plant Raw Water Pipeline", inclusive
M. Public Construction Bond
N. Notice to Proceed
ARTICLE 9 - MISCELLANEOUS
9.01 Independent Contractor. It is specifically understood and acknowledged by the parties
hereto that the CONTRACTOR or employees or Subcontractors of the Contractor are in no way to
be considered employees of the COUNTY, but are independent contractors performing solely under
the terms of the Agreement and not otherwise.
9.02 Invitation to Bid. It is specifically understood and acknowledged by the parties hereto that all
of the requirements set forth in the Invitation to Bid dated April 2016 (including addendum 1) shall
be incorporated herein.
9.03 Merger; Modification. This Agreement, incorporates and includes all prior and
contemporaneous negotiations, correspondence, conversations, agreements or understandings
applicable to the matters contained herein and the parties agree that there are no commitments,
agreements, or understandings of any nature whatsoever concerning the subject matter of the
Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from
the terms hereof shall be predicated upon any prior or contemporaneous representations or
agreements, whether oral or written. No alteration, change, or modification of the terms of this
Agreement shall be valid unless made in writing and signed by the CONTRACTOR and the
OWNER.
9.04 Governing Law; Venue. This Agreement, including all attachments hereto, shall be
construed according to the laws of the State of Florida. Venue for any lawsuit brought by either
party against the other party or otherwise arising out of this Agreement shall be in Indian River
County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the
Southern District of Florida.
9.05 Remedies; No Waiver. All remedies provided in this Agreement shall be deemed cumulative
and additional, and not in lieu or exclusive of each other or of any other remedy available to either
party, at law or in equity. Each right, power and remedy of the parties provided for in this Agreement
shall be cumulative and concurrent and shall be in addition to every other right, power or remedy
provided for in this Agreement or now or hereafter existing at law or in equity or by statute or
otherwise. The failure of either party to insist upon compliance by the other party with any obligation,
or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent
delinquency or default. A party's waver of one or more defaults does not constitute a waiver of any
other delinquency or default. If any legal action or other proceeding is brought for the enforcement
Section 00530-7
90
of this Agreement or because of an alleged dispute, breach, default or misrepresentation in
connection with any provisions of this Agreement, each party shall bear its own costs.
9.06 Severability If any term or provision of this Agreement or the application thereof to any
person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of
this Agreement, then the application of such term or provision to persons or circumstances other
than those as to which it is held invalid or unenforceable shall not be affected, and every other term
and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by
law.
9.07 Availability of Funds. The obligations of the OWNER under this Agreement are subject to
the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners
of Indian River County.
9.08 No Pledge of Credit. The CONTRACTOR shall not pledge the OWNER's credit or make it
a guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of
indebtedness.
9.09 Public Records. Indian River County is a public agency subject to Chapter 119, Florida
Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the
Contractor shall:
A. Keep and maintain public records required by the County to perform the service.
B. Upon request from the County's Custodian of Public Records, provide the County with a
copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as
otherwise provided by law.
C. Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of
the contract term and following completion of the contract if the contractor does not transfer
the records to the County.
D. Upon completion of the contract, transfer, at no cost, to the County all public records in
possession of the Contractor or keep and maintain public records required by the County to
perform the service. If the Contractor transfers all public records to the County upon
completion of the contract, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the
contractor keeps and maintains public records upon completion of the contract, the
Contractor shall meet all applicable requirements for retaining public records. All records
stored electronically must be provided to the County, upon request from the Custodian of
Public Records, in a format that is compatible with the information technology systems of
the County.
E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
Section 00530-8
91
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT:
(772) 226-1424
publicrecords@ircgov.com
Indian River County Office of the County Attorney
1801 27th Street
Vero Beach, FL 32960
F. Failure of the CONTRACTOR to comply with these requirements shall be a material breach
of this Agreement.
9.10 Notices. Any notice, request, demand, consent, approval, or other communication required
or permitted by this Agreement shall be given or made in writing and shall be served, as elected by
the party giving such notice, by any of the following methods: (a) Hand delivery to the other party;
(b) Delivery by commercial overnight courier service; or (c) Mailed by registered or certified mail
(postage prepaid), return receipt requested at the addresses of the parties shown below:
County: Indian River County
Attn: Arjuna Weragoda, P.E.
1801 27'h Street
Vero Beach, FL 32960
Contractor: Blue Goose Construction, LLC
Scott Holmes, Vice President
9901 Okeechobee Road
Fort Pierce, FL 34945
Notices shall be effective when received at the address as specified above. Facsimile
transmission is acceptable notice effective when received, provided, however, that facsimile
transmissions received (i.e., printed) after 5:00 p.m. or on weekends or holidays, will be deemed
received on the next day that is not a weekend day or a holiday. The original of the notice must
additionally be mailed. Either party may change its address, for the purposes of this section, by
written notice to the other party given in accordance with the provisions of this section.
9.11 Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to
be performed by CONTRACTOR shall survive the termination or expiration of this Agreement.
9.12 Construction. The headings of the sections of this Agreement are for the purpose of
convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in
such Sections. All pronouns and any variations thereof shall be deemed to refer to the masculine,
feminine or neuter, singular or plural, as the identity of the party or parties may require. The parties
hereby acknowledge and agree that each was properly represented by counsel and this Agreement
was negotiated and drafted at arm's length so that the judicial rule of construction to the effect that
a legal document shall be construed against the draftsperson shall be inapplicable to this
Agreement
Section 00530-9
92
9.13 Counterparts. This Agreement may be executed in one or more counterparts, each of
which shall be deemed to be an original copy and all of which shall constitute but one and the same
instrument.
9.14 Sovereign Immunity. Nothing in this Agreement is intended to, or shall be interpreted to,
constitute a waiver or limitation of the OWNER's sovereign immunity.IN WITNESS WHEREOF,
OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has
been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been
signed or identified by OWNER and CONTRACTOR-or on their behalf.
This Agreement will be effective on July 12, 20 16 (the date the Contract is approved by the
Indian River County Board of County Commissioners,which is the Effective Date of the Agreement).
OWNER: CONTRACTOR:
INDIAN RIVER COUNTY
By: By.
Bob Solari, Chairman (Contractor)
BY: (CORPORATE SEAL)
Jason E. Brown, County Administrator
Attest
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
By:
Dylan Reingold, County Attorney Address for giving notices:
Jeffrey R. Smith, Clerk of Court and Comptroller
License No.
Attest: (Where applicable)
Clerk of Court and Comptroller
(SEAL) Agent for service of process:
Designated Representative:
Name: Designated Representative:
Title- Name:
Contact Info: Title:
Address:
Phone:
Facsimile:
(If CONTRACTOR is a corporation or a
partnership, attach evidence of authority to sign.)
Section 00530-10
93
CONSENT AGENDA
INDIAN RIVER COUNTY
OFFICE OF MANAGEMENT AND BUDGET
PURCHASING DIVISION
DATE: June 30, 2016
TO: BOARD OF COUNTY COMMISSIONERS
THROUGH: Jason E. Brown,County Administrator
ski
Mike Smykow ,budget Director
FROM: Jennifer Hyde, Purchasing Manager
SUBJECT: Recommendation of Award for RFP oNo. 2016024—Round Island Riverside
Park Boardwalk Replacement
BACKGROUND:
Indian River County owns, operates and maintains Round Island Riverside Park located on the eastern
shore of the Indian River Lagoon. On March 24, 2015, the Board of County Commissioners authorized
staff to apply to the Florida Inland Navigation District (FIND) Waterways Assistance Program (WAP)
cost-share funding for improvements to Round Island Riverside Park, including replacement and repair
of the 380 foot observation/fishing boardwalk adjacent to the boat ramp, as well as rebuilding and
repaving the drive, parking lot, boat ramp approach and trailer parking area. On May 12, 2015, the
Board approved Resolution 2015-059 entering into a formal grant agreement with FIND.
-Projee Element, _ _ ___- '_ Estimated Cost__ �County.Cost
Replacement of Observation Boardwalk $90,000.00 $0 $90,000.00
Rebuild and Repave Access Drive, Parking Lot, $188,000.00 $188,000.00 $0
Boat Ramp Access and Trailer Parking Area
Total 1 $278,000.00 1 $188,000.00 1 $90,000.00
A request for proposals was issued to obtain the services of a qualified contractor to perform the
boardwalk improvements project element.
RFP RESULTS:
Advertising Date: April 3, 2016
RFP Opening Date: May 5, 2016 at 2:00 pm
DemandStar Broadcast to: 493 Subscribers
Specifications Requested by: 28 Firms
Replies: 3 Firms
Propos'ing.F rM --
3'. ;_ :Location=•
Ferreira Construction Stuart
Summerlin's Marine Construction, LLC Fort Pierce
Underwater Engineering Services, Inc. Fort Pierce
94
CONSENT AGENDA
ANALYSIS:
An evaluation committee comprised of the Conservation Lands Manager, Parks Superintendent, and
Coastal Engineer independently evaluated and scored the proposals in accordance with the Purchasing
Manual. These scores were compiled by the committee and an overall ranking of the submittals
developed. The committee determined interviews were not necessary.
The final ranking established by the committee is:
1. Summerlin's Marine Construction, LLC
2. Underwater Engineering Services, Inc. (UESI)
3. Ferreira Construction '
After the public selection committee meeting on May 25, 2016, UESI submitted a protest regarding the
mandatory pre-bid meeting, which took place on April 20, 2016. Both the RFP documents and County
Purchasing Manual state any protest must be made within seven days of when the party knew or
should have known the facts leading to their protest. As such, the protest was denied and UESI has not
indicated an intent to appeal this protest to the Board.
FUNDING:
Summerlin's price proposal for boardwalk repairs, decking replacement and replacement of top and
intermediate guide rails was $92,600.00. FIND will reimburse the County for up to $90,000 toward the
boardwalk repairs upon completion of both elements (boardwalk and paving) of the project have been
completed. The grant requires both phases be completed by September 30, 2017. Funding for this
project element is available as follows:
Account Nuimber Account Description Project Cost"
10921441-066510-16015 Secondary Roads/Round Island Riverside
Improvements $182,000.00
13321072-066510-16015 Florida Boating Improvement Plan/Round
Island Riverside Improvements $96,000.00
RECOMMENDATION:
Staff recommends the Board approve the committee's final ranking and award the project to
Summerlin's Marine Construction, LLC. Staff also recommends the Board approve the attached
agreement and authorize the Chairman to execute it upon: review and approval by the County
Attorney as to form and legal sufficiency and the review and approval of the required insurance by Risk
Management.
ATTACHMENTS:
UESI Protest Letter
Purchasing Response to Protest
Agreement
APPROVED AGEND EM
' / Indian River Co Appr Date
BY: 11 Admin
Legal
Jason E. Bro .n, C unty Administrator Budget
General Services
FOR: July 1 016 Environmental
Planning �� 7f' 117
95
de
UESI
Underwater Engineering Services,Inc.
May 25, 2016
Jennifer Hyde, Purchasing Manager
Indian River County Purchasing Department
1800 2711, Street
Vero Beach, FL 32960
Subject: Round Island Riverside Park Boardwalk Replacement-RFP #2016024
Regards: Protest of RFP #2016024
Dear Mrs. Hyde,
In respect to all the associated contractors who attended the Mandatory Pre-Submittal
meeting and submitted a proposal, UESI request that this Protest be accepted in
subject to RFP #2016024. It was stated in the first page of the RFP that the Pre-Submittal
Meeting was Mandatory and all attendees "Must be signed in by 9:00 to be considered
in attendance." Summerlins Marine was late to the meeting and should not have been
allowed to sign in and submit a proposal. All the County Representatives and other
Contractors were in attendance prior to 9:00 and the meeting did not start until
Summerlins' representative arrived past 9:00. Attached to this letter you will find the
RFQ and the attendance sheet of Addendum 1.
In respect to your rules and especially to the other contractors that dedicated their
time to this RFQ, we hope that you consider this Protest during the rest of your
evaluation.
Respectfully,
Andrew Connelly
UESI
t
3306 Enterprise Road, Ste 103 0 Fort Picrce. Florida 34982
Phone. 772-337-3116 0 Fax: 772-337-0294
An Equal Opportunity Enrployer
96
BOARD OF COUNTY COMMISSIONERS
��t1VER
z
R10P
May 26, 2016
Mr.Andrew Connelly
Underwater Engineering Services, Inc.
3306 Enterprise Road
Fort Pierce, FL 34982
aconnelly@uesi.com
Reference: Decision Regarding Protest of Indian River County Request for Proposals(RFP)2016024—
Round Island Riverside Park Boardwalk Replacement
Dear Mr. Connelly:
We are in receipt of your letter of May 25, 2016 protesting the determination of Summerlin's Marine
Construction as being in attendance for the mandatory pre-submittal meeting on April 20, 2016, and therefore
their eligibility to respond to the RFP. After review, the protest is denied.
Background
Prior to the commencement of the meeting, I noted a vehicle approaching the parking area next to the picnic
pavilion where the meeting was being held and elected to wait a moment to determine if it was another
potential proposer. The Purchasing Manual provides authority to waive any technicality that does not result in
an unfair advantage or disadvantage to any person responding to the bid invitation or solicitation request. As
the meeting had not yet begun and no formal discussion regarding the project had taken place, no advantage or
disadvantage resulted. The vehicle was occupied by a representative of Summerlin's Marine Construction, and
she did complete the sign in sheet prior to the sheet being collected and sign in closed. My recollection is that
she signed in only a moment or two after 9:00 a.m.
Basis for Denial of Protest
Page 8 of the RFP documents describe the protest procedures and states- "The protest shall be submitted to
the Purchasing Manager in writing within seven (7) calendar days after the bidder or proposer knows or should
have known of the facts giving rise to the protest."The meeting was held on April 20,and Addendum#1,
providing copies of the sign in sheet was released that same day, both on Demandstar and by direct email to
those who attended the meeting. A protest regarding the pre-bid meeting attendance was required to have
been made by April 27, 2016.
Further, proposals were received and accepted and an RFP tabulation listing the three proposals accepted was
published via Demandstar on May 5, 2016.A protest of our acceptance of Summerlin's proposal was required
by May 12, 2016.
Office of Management and Budget •Purchasing Division
1800 27th Street,Vero Beach,Florida 329609(772)226-1416•Fax:(772)770-5140
E-mail:purchasingPirceov.com
97
I
Response to UESI Protest
Conclusion
Should UESI disagree with the denial of the protest and the basis described in this response,you may appeal this
decision to the Board of County Commissioners. To do so, as required by the County's protest procedure, a
written notice of appeal shall be submitted by the protestor to the Purchasing Manager within seven(7)calendar
days of receipt of this decision. If properly noticed,the appeal would be considered by the Board when it meets
to consider the recommended final ranking of the RFP,tentatively scheduled for June 14, 2016.
Please feel free to contact me at 226-1575 or by email at jhyde@ircgov.com if you have any questions regarding
the protest procedure.
Sincerely,
Jennifer yde
Purchasing Manager
cc:
Summerlin's Marine Construction
Ferreira Construction Co., Inc.
98
Agreement
THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida
organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and Summerlin's
Marine Construction, LLC(hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,agree as follows:
ARTICLE 1-WORK
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is
generally described as follows:
Round Island Riverside Park Boardwalk Replacement
ARTICLE 2-THE PROJECT
The Project for which the Work under the Contract Documents may be the whole or only a part is generally
described as follows:
Project Name: Round Island Riverside Park Boardwalk Replacement
RFP Number: 2016024
Project Address: 2201 South Highway AlA, Vero Beach, FL
ARTICLE 3-CONTRACT TIMES
3.01 Time of the Essence
A. All time limits for Milestones, if any,Substantial Completion,and completion and readiness for final
payment as stated in the specifications are of the essence of the Agreement.
3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment
A. The Work will be completed and ready for final payment on or before the 120th day after the date
permits are issued by the COUNTY. Application for permit shall be made within 30 days of notice of
award.
ARTICLE 4-CONTRACT PRICE
4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to
the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph
4.01.B, below:
A. For all Work, at the prices stated in CONTRACTOR's Price Proposal, attached hereto as an exhibit.
B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents:
Page I of 7
99
Numerical Amount: $92,600.00
Written Amount: Ninety-two thousand six hundred dollars and zero cents
ARTICLE 5-PAYMENT PROCEDURES
5.01 Progress Payments.
A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the
approved partial payment request as recommended by ENGINEER in accordance with the
provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et.
seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the
CONTRACTOR until fifty percent (50%) completion 'of the work. After fifty percent (50%)
completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER
shall retain five percent (5%) of the payment amount due to CONTRACTOR until final
completion and acceptance of all work to be performed by CONTRACTOR under the Contract
Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%)
completion means the point at which the County as OWNER has expended fifty percent
(50%) of the total cost of the construction services work purchased under Request for
Proposal Documents, together with all costs associated with existing change orders and
other additions or modifications to the construction services work provided under the
Contract Documents.
5.02 Pay Requests.
A. Each request for a progress payment shall contain the CONTRACTOR'S certification. All
progress payments will be on the basis of progress of the work measured by the schedule
of values established, or in the case of unit price work based on the number of units
completed.After fifty percent(50%)completion, and pursuant to Florida Statutes section
218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for
up to one half (1/2) of the retainage held by the County as OWNER, and the County as
OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the
subject of a good faith dispute;the subject of a claim pursuant to Florida Statutes section
255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or
the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is
attributable to the labor, services, or materials supplied by one or more subcontractors
or suppliers, the Contractor shall timely remit payment of such retainage to those
subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005),
CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall
receive immediate written notice of all decisions made by CONTRACTOR to withhold
retainage on any subcontractor at greater than five percent(5%) after fifty percent(50%)
completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the
withheld retainage until the final pay request.
5.03 Paragraphs 5.01 and 5.02 do not apply to construction services work purchased by the County as
OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws
and regulations or requirements that are contrary to any provision of the Local Government Prompt
Page 2 of 7
100
Payment Act. In such event payment and retains r
Y , p Y retainage provisions shall be governed by the applicable grant
requirements and guidelines.
5.04 Acceptance of Final Payment as Release.
A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a
release to the OWNER from all claims and all liability to the CONTRACTOR other than
claims in stated amounts as may be specifically excepted by the CONTRACTOR for all
things done or furnished in connection with the work under this Agreement and for every
act and neglect of the OWNER and others relating to or arising out of the work. Any
payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties
from any obligations under this Agreement or the Request for Proposals.
ARTICLE 6-INDEMNIFICATION
6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees,from
liabilities,damages, losses and costs, including, but not limited to,reasonable attorney's fees,to the
extent caused by the negligence, recklessness, or intentional wrongful misconduct of the
CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the
Work.
ARTICLE 7-CONTRACTOR'S REPRESENTATIONS
7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
representations:
A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related
data identified in the Request for Proposal documents.
B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local,
and Site conditions that may affect cost, progress, and performance of the Work.
C. CONTRACTOR is familiar with and is satisfied as to all federal,state, and local Laws and Regulations
that may affect cost, progress, and performance of the Work.
D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all
additional or supplementary examinations, investigations, explorations, tests, studies, and data
concerning conditions(surface,subsurface,and Underground Facilities) at or contiguous to the Site
which may affect cost, progress, or performance of the Work or which relate to any aspect of the
means, methods, techniques, sequences, and procedures of construction to be employed by
CONTRACTOR, including applying the specific means, methods, techniques, sequences, and
procedures of construction, if any, expressly required by the Contract Documents to be employed
by CONTRACTOR, and safety precautions and programs incident thereto.
E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests,
studies, or data are necessary for the performance of the Work at the Contract Price, within the
Contract Times,and in accordance with the other terms and conditions of the Contract Documents.
Page 3 of 7
101
F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the
Site that relates to the Work as indicated in the Contract Documents.
G. CONTRACTOR has correlated the information known to CONTRACTOR, information and
observations obtained from visits to the Site, reports and drawings identified in the Contract
Documents, and all additional examinations, investigations, explorations, tests, studies, and data
with the Contract Documents.
H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies
that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof
by OWNER is acceptable to CONTRACTOR.
I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms
and conditions for performance and furnishing of the Work.
ARTICLE 8-CONTRACT DOCUMENTS
8.01 .Contents
A. The Contract Documents consist of the following:
1. This Agreement (pages 1 to 8, inclusive);
2. Certificates of Liability Insurance
3. Request for Proposals Document 2016024
4. Addenda (1 and 2)
5. CONTRACTOR'S Proposal;
6. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of
Relationships (pages 18 to 19, inclusive);
7. The following which may be delivered or issued on or after the Effective Date of the Agreement
and are not attached hereto:
a) Written Amendments;
b) Work Change Directives;
c) Change Order(s).
ARTICLE 9-MISCELLANEOUS
9.01 Terms
Page 4 of 7
102
A. Terms used in this Agreement will have the meanings indicated in the Request for Proposals.
9.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding
on another party hereto without the written consent of the party sought to be bound; and,
specifically but without limitation, moneys that may become due and moneys that are due may not
be assigned without such consent (except to the extent that the effect of this restriction may be
limited by law), and unless specifically stated to the contrary in any written consent to an
assignment, no assignment will release or discharge the assignor from any duty or responsibility
under the Contract Documents.
9.03 Successors and Assigns
A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal
representatives to the other party hereto,its partners,successors,assigns,and legal representatives
in respect to all covenants, agreements, and obligations contained in the Contract Documents.
9.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law
or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and
binding upon OWNER and CONTRACTOR,who agree that the Contract Documents shall be reformed
to replace such stricken provision or part thereof with a valid and enforceable provision that comes
as close as possible to expressing the intention of the stricken provision.
9.05 Venue
A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought
by either party against the other party or otherwise arising out of this Agreement shall be in Indian
River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for
the Southern District of Florida.
9.06 Public Records Compliance
A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall
comply with Florida's Public Records Law. Specifically, the Contractor shall:
(1) Keep and maintain public records required by the County to perform the service.
(2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time at a cost that
does not exceed the cost provided in Chapter 119 or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law for the duration of the contract term and
following completion of the contract if the contractor does not transfer the records to the County.
Page 5 of 7
103
(4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession
of the Contractor or keep and maintain public records required by the County to perform the service. If
the Contractor transfers all public records to the County upon completion of the contract, the Contractor
shall destroy any duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the contractor keeps and maintains public records upon completion of the
contract, the Contractor shall meet all applicable requirements for retaining public records. All records
stored electronically must be provided to the County, upon request from the Custodian of Public Records,
in a format that is compatible with the information technology systems of the County.
B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT:
(772) 226-1424
publicrecords@ircgov.com
Indian River County Office of the County Attorney
180127th Street
Vero Beach, FL 32960
C. Failure of the Contractor to comply with these requirements shall be a material breach of this
Agreement.
Page 6 of 7
104
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One
counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents
have been signed or identified by OWNER and CONTRACTOR or on their behalf.
This Agreement will be effective on ' 20 (the date the Agreement is approved by the
Indian River County Board of County Commissioners, which is the Effective Date of the Agreement).
OWNER: CONTRACTOR:
INDIAN RIVER COUNTY
By: By:
Bob Solari,Chairman (Contractor)
By: (CORPORATE SEAL)
Jason E. Brown, County Administrator
Attest
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
By:
Dylan Reingold, County Attorney Address for giving notices:.
Jeffrey R.Smith, Clerk of Court and Comptroller
License No.
Attest: (Where applicable)
Deputy Clerk
(SEAL) Agent for service of process:
Designated Representative:
Name: Designated Representative:
Title: Name:
Address: Title:
Phone Address:
Email
Phone:
Email:
(If CONTRACTOR is a corporation or a partnership,
attach evidence of authority to sign.)
Page 7 of 7
105
CONSENT AGENDA
INDIAN RIVER COUNTY o
OFFICE OF MANAGEMENT AND BUDGET
PURCHASING DIVISION
DATE: June 30, 2016
TO: BOARD OF COUNTY COMMISSIONERS
I
THROUGH: Jason E. Brown, Cou ty Administrator
Mike Smykowski, Budget Director
FROM: Jennifer Hyde, Purchasing Manager
SUBJECT: Recommendation of Award for RFP No. 2016042—Automated Teller Machine
Services
BACKGROUND:
There are currently two Automated Teller Machines (ATMs) installed in Admin Buildings A and B. The
machines are owned by Oculina Bank and were placed in 2012 as the result of a request for proposals
(RFP) process. The current agreement expires on August 15, 2016, with no renewals available. Because
the machines continue to provide convenience to residents visiting the facilities as well as employees,
an RFP was issued to facilitate continuation of service.
RFP RESULTS:
Advertising Date: June 5, 2016
RFP Opening Date: June 24, 2016 at 2:00 pm
DemandStar Broadcast to: 88 Subscribers
Specifications Requested by: 12 Firms
Replies: 1 Firm
wPrct In : (m+� ftffi I;ocation` �p �za �,
Oculina Bank Vero Beach
ANALYSIS:
As for all of our RFPs, RFQs and Bids, the RFP was advertised in the Indian River Press Journal, listed on
the County web site and emails were sent to the bid subscribers list. Purchasing staff also reached out
to local banks to notify them of the RFP's pending release.
The proposal received from Oculina Bank was determined to be responsive and included all requested
information. A selection committee was not convened, as there is no need to develop a ranking of
respondents. Oculina proposes to continue providing ATM service with the existing equipment and
maintaining the maximum transaction fee of $1.50 per withdrawal. No other fees are proposed. Staff
has been content with the service provided by Oculina and the ATMs have required almost no staff
involvement.
106
CONSENT AGENDA
FUNDING:
No separate funding is required. Cost of electrical service is negligible and will be funded out of the
Facilities Management budget for electrical service.
RECOMMENDATION:
Staff recommends the Board award the RFP to Oculina Bank. Staff also recommends the Board
approve the attached agreement, effective for a 36-month term, with two additional 12-month
extensions available, and authorize the Chairman to sign after the County Attorney has reviewed it for
legal sufficiency.
ATTACHMENTS:
Agreement
APPROVED AGE ITEM
Indian River Co Ap~ Date
BY: Admin
Legal
Jason E. Bown, County A ministrator Budget 7�
Department
FOR: July 2, 2016 Risk 6&
I
107
Agreement
THIS AGREEMENT made and entered into this day of —. 20 by and
between Oclulina Bank, hereinafter called the ATM Owner and Indian River County, 180127th St.Vero Beach,
FL. hereinafter called the County.
WITNESSED:That whereas, the COUNTY and the ATM Owner agree as set forth below:
1. BASIC AGREEMENT
As per specifications of advertised and sealed Indian River County Request for Proposal # 2016042:
It is hereby agreed that ATM Owner is granted the exclusive right to securely install, maintain, repair, and
insure an automated teller machine ("ATM") at each of the locations indicated at no cost or obligation to the
County.There will be no County participation in the operation or maintenance of the ATM.
2. FILLING THE MACHINE
It shall be the responsibility of the ATM Owner to maintain sufficient funds in the machine and replenish the
ATM with cash.
3. ELECTRICAL REQUIREMENTS
The County shall be responsible for the electrical line installation (standard 110 volt outlet), and the ongoing
monthly cost for electrical service. ATM Owner, at its discretion and expense, shall connect the ATM through
a wireless device.
4. INSTALLATION & MAINTENANCE
ATM Owner shall install or contract installation of the ATM. For insurance requirements and security
purposes, the ATM must be bolted to the floor. ATM Owner shall provide all labor involved with service and
maintenance of the ATM, including supplies. ATM Owner shall provide 24-hour customer help and technical
support. A Toll Free number shall be prominently displayed on the front of the ATM for customers to call for
assistance.
5. SIGNAGE
ATM Owner shall be allowed to erect ATM signage, subject to review and approval by the County, as
necessary to attract ATM business. Signage shall not be placed in view from the exterior of the building.
6. TERM OF AGREEMENT
This Agreement shall be in effect for a term of thirty six (36) months. The County retains the right to
automatically renew this Agreement with the consent of ATM Owner, under the same terms and conditions,
for two additional twelve (12) month terms. Additional terms and/or services may be added to this
Agreement upon satisfactory negotiation of terms between the County and ATM Owner. ATM Owner must
receive written notification from the County to cancel no less than 60 days prior to the end of the initial term.
Upon removal of the ATM, ATM Owner is not responsible for restoring the County's property to its pre-
installation condition (i.e. replacing flooring), unless caused by negligence or intentional damage.
108
7. MAXIMUM WITHDRAWAL LIMIT& SURCHARGE
The maximum withdrawal limit per transaction and ATM Consumer Fees shall be in accordance with the
attached submitted Proposal Pricing Form. No other fees will be charged.
8.TERMINATION
The parties agree that this agreement may be cancelled by either party with 30 days written notice. Upon
removal of the ATM, the ATM Owner is not responsible for restoring the County's property to its pre-
installation condition (i.e. replacing flooring), unless caused by negligence or intentional damage.
9. LIABILITY INSURANCE AND INDEMNIFICATION
ATM Owner shall insure the ATM and the cash used to load it. ATM Owner shall name the County as an
additional insured party under its commercial general liability insurance policy and supply the County with
proof of insurance. ATM Owner shall indemnify and hold harmless the County from all suits, actions or
claims including reasonable attorney's fees, of any character brought on account of any injuries or damages
received or sustained by any person, persons, or property by or from the use of the ATMs or by or in
consequence of any liability losses, misconduct or negligent act or omission of ATM Owner its agents or
employees in connection with the operation of the ATMs.
10. ASSIGNMENT OF AGREEMENT
If ATM Owner is unable to provide the services outlined in this agreement,ATM Owner has the right to assign
this agreement to a third-party ATM provider approved by the County prior to the assignment date. Any
assignment would be for the same terms and conditions as the original agreement.
11. VENUE
This agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by
either party against the other party or otherwise arising out of this agreement shall be in Indian River
County; Florida, or in the event of federal jurisdiction, in the United States District Court for the Southern
District of Florida.
12. ATM LOCATIONS
One (1)ATM is to be located on the first floor at each of the following locations:
Indian River County Indian River County
Administration Building "A" Administration Building "B"
180127 th Street, Vero Beach, FL 32960 180027 1h Street, Vero Beach, FL 32960
109
IN WITNESS WHEREOF, the undersigned duly authorized representatives of the parties have executed this
ATM Installation and Maintenance Agreement.
ATM OWNER
Indian River County, Florida
Authorized Officer (Print Name)
Signature of Authorized Officer Bob Solari, BCC Chairman
Witnessed by: Approved by BCC
Attest:
APPRqVtN Jeffrey R. Smith, Clerk of the Circuit Court and
Comptroller
By:
Jason E. row County Administrator Deputy Clerk
Approved as to Form and Legal Sufficiency
BY
County Attorney
110
INDIAN RIVER COUNTY, FLORIDA
BOARD MEMORANDUM
TO: Jason E. Brown, County Administrator
THROUGH: Richard B. Szpyrka, P.E., Public Works Directo
FROM: James D. Gray, Jr. Coastal Engineer (9
SUBJECT: Letter to US Representative Lois Frankel regarding Sand for
Federal Beach Nourishment Projects
DATE: July 1, 2016
DESCRIPTION AND CONDITIONS
On May 10, 2016, staff updated the Board relative to the Federal Government using beach
compatible offshore sand from the Treasure Coast for Federal beach projects in Miami-Dade
County. Resulting from concerns expressed by the County Beach and Shore Preservation
Advisory Committee (Beach Committee), the Board directed staff to move forward with
coordinated responses with Martin and St. Lucie Counties on the use of offshore sand from the
Treasure Coast. To date, staff has had several conversations with St. Lucie and Martin Counties
on this issue.
On June 9, 2016, Chairman Solari transmitted a letter to Representative Lois Frankel thanking
her for the ongoing efforts to amend federal law to permit the U.S. Army Corps of Engineers to
consider and use non-domestic sand during federal beach nourishment projects. The letter is
attached to this agenda item.
As a follow-up to Chairman Solari's letter, the Beach Committee requests the Board authorize
the Beach Committee to send out their own letter in support of US Representative Lois
Frankel's efforts to amend Federal Law to allow the U.S. Army Corps of Engineers to more easily
explore the possibility of using non-domestic sand during Federal beach nourishment projects.
The letter dated June 27, 2016, signed by Beach Committee Chairman Mike Ochsner, is
attached to this agenda item.
FUNDING
This item does not require use of County funds.
RECOMMENDATION
Staff recommends the Board support the Beach Committee's request to send their own letter
of support to US Representative Lois Frankel.
ATTACHMENT Indian River County Appi&QVed Date
1. June 9, 2016 Letter from Chairman Solari Administration
2. June 27, 2016 Letter from Beach Committee
Budget
APPROVED AGENDAATEM Legal - H6
FOR•Ju 12 2016 Public works 7 /
BY: Coastal Engr.Division
111
BOARD OF COUNTY COMMISSIONERS
Bob Solari ,
Wesley S. Davis
Chainnan � C,o District 1
District 5 G
Tim Zorc
Joseph E. Flescher
District 3
Vice Chainnan
District 2 OR Peter D. O'Bryan
District 4
June 9, 2016
Representative Lois Frankel
1037 Longworth House Office Building
Washington, DC 20515
Dear Representative Frankel,
Thank you very much for your ongoing work to amend federal law to permit the U.S
Army Corps of Engineers (the "USACE") to consider and use non-domestic sand during
federal beach nourishment projects. We support your efforts and urge you to continue
your work as the Water Resources Development Act moves to House floor.
As you know, all local domestic offshore sand resources near Miami-Dade and Broward
counties in southeast Florida have been exhausted by past beach nourishment
projects. Despite the fact that large quantities of sand are available approximately 60
miles east of Miami Beach along the Great Bahama Ban, the USACE lacks the
authority to acquire non-domestic sand sources per Section 935 of the Water
Resources Development Act of 1986 ("WRDA 1986"). Rather, WRDA 1986 restricts the
USACE to use available domestic sand resources. According to the most recent study
conducted by the USACE, the closest available domestic sand resources are located
approximately 130 miles to the north of Miami-Dade County offshore of St. Lucie and
Martin counties. The Indian River County Board of County Commissioners opposes the
dredging and removal of bulk ocean sand from Martin and St. Lucie counties to benefit
Miami-Dade and Broward counties. Indian River County is also concerned that its
offshore sand resources will be targeted once the resources near Martin and St. Lucie
counties are depleted.
Your efforts would simply create options. The amendment does not mandate whether
domestic or non-domestic sand should be used but rather would allow the USACE to
use non-domestic sand if the USACE determines it is practical. Moreover, this could
offer savings to the federal government and local sponsors due to lower transportation
costs.
1801 2711, Street, Building A
Vero Beach, FL 32960
(772) 226-1490
112
Representative Lois Frankel
June 9, 2016
Page Two
Thank you for your continued work on this issue.
Sincerely,
zet—�
Bob Solari
Chairman
BS:kpc
Enclosure: Resolution 2016-007
cc: Senator Bill Nelson
Senator Marco Rubio
Representative Bill Posey
Representative Patrick Murphy
I
113
RESOLUTION NO. 2016--nn-7
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA
OPPOSING THE UNITED STATES ARMY CORPS OF
ENGINEERS PROPOSED PLAN TO DREDGE AND RELOCATE
BULK OCEAN SAND FROM MARTIN AND ST. LUCIE
COUNTIES TO MIAMI-DADE COUNTY.
WHEREAS, Indian River County is located on the Atlantic Coast of Florida;
WHEREAS, Indian River County has established a Beach Preservation Plan and a Beach
Preservation Fund to provide strategy and funding for beach restoration activities; and
WHEREAS, offshore beach compatible sand sources exist immediately offshore of Indian
River County and are critical to the County's beach management program; and
WHEREAS, the United States Army Corps of Engineers has proposed a plan to dredge
and remove hundreds of thousands of cubic yards of bulk ocean sand from Martin and St. Lucie
Counties and deposit it on Miami-Dade County beaches, and
WHEREAS, The use of Martin and St. Lucie County offshore sand deposits to meet the
needs of larger Counties to the south would severely impact the local area supply of a non-
renewable resource, and
WHEREAS, If local ocean sand deposits are exhausted from Martin and St. Lucie
Counties, the demand pressure for beach compatible ocean sand could extend northward into
Indian River County.
NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of
Indian River County, Florida opposes the dredging and removal of bulk ocean sand from Martin
and St. Lucie Counties to Miami-Dade County, and urges the United State Army Corps of
Engineers to consider use of upland and Bahamian sand sources for Miami-Dade erosion control
projects.
THE FOREGOING RESOLUTION was offered by Commissioner r)-g=,an and
seconded by Commissioner Flescher and, being put to a vote was as follows.
Chairman, Bob Solari AYE
Vice Chairman, Joseph E Flescher AYE
Commissioner Wesley S Davis AYE
Commissioner Tim Zorc AYF
Commissioner Peter D O'Bryan AYF
The Chairman thereupon declared the resolution duly passed and adopted this 1217h day
Of iam ar.* 2016.
114
�
AMao Jeffrey S ' h, Clerk of Court
"!apd Comptroller
Indian River County, Florida
Board of County Commissioners
By '
Qeputyt-lm0�--
Bob Solari, Chairman
Approved
Joseph A. Baird, County Administrator
/
,
Approved aohoForm and Legal Sufficiency-
William
115
VF.R
c z
,O RI�Ae
BEACH & SHORE PRESERVATION ADVISORY COMMITTEE
June 27, 2016
Representative Lois Frankel
1037 Longworth House Office Building
Washington, DC 20515
Dear Representative Frankel,
Thank you very much for your ongoing work to amend federal law to allow the U.S. Army Corps
of Engineers to more easily explore the possibility of using non-domestic sand during federal
beach nourishment projects. We support your efforts and urge you to continue your work as the
Water Resources Development Act moves to House floor.
As you know, all local domestic offshore sand sources near Miami-Dade and Broward counties in
southeast Florida have been exhausted by past beach nourishment projects. It has been reported
that there is additional domestic sand offshore of St. Lucie and Martin counties, 130 miles to the
north of Miami-Dade. But, the closest sand to Miami-Dade and Broward counties is in the
Bahamas, only 60 miles away.
Due to language in WRDA 1986, the Corps really cannot consider non-domestic sand for a project
even though it might make sense to use other, non-domestic sand. Your efforts would simply
allow the use of non-domestic sand if the Corps thinks it makes sense. This could offer savings to
the federal government and local sponsors due to lower transportation costs.
Your work would create options—but not mandate whether domestic or non-domestic sand should
be used: that is an effort we support.
Thank you for your continued work on this issue.
Sincerely.
�Zl —1' 4, 4
Mike Ochsner
Chairman, Beach and Shore Preservation Advisory Committee
CC: Senator Bill Nelson
Senator Marco Rubio
Florida House Congressional Delegation
116
INDIAN RIVER COUNTY
MEMORANDUM
TO: Jason E. Brown
County Administrator
DEPARTMENT HEAD CONCURRENCE:
Stan Boling, P
Community Development Director
FROM: Roland M. DeBlois,AICP�
Chief, Environmental Planning
DATE: July 5,2016
RE: Approval of State Sovereignty Submerged Lands Fee Waived Lease 5-Year
Renewal for the Archie Smith Fish House
It is requested that the Board of County Commissioners formally consider the following information at
the Board's regular meeting of July 12, 2016.
DESCRIPTION AND CONDITIONS
In January 2007, the Board of County Commissioners acquired the historic Archie Smith Fish House
under the County's environmental lands program. The subject waterfront property consists of
approximately 1.15 acres located north of the intersection of Jackson Street and Indian River Drive in the
City of Sebastian.
The property includes a dock and icehouse (currently in disrepair) extending over sovereign submerged
lands of the Indian River Lagoon. Because the submerged lands are state sovereign lands, the County
executed a sovereignty submerged lands lease with the State (Board of Trustees of the Internal
Improvement Trust Fund) in conjunction with the property acquisition. The State submerged land lease is
now up for renewal. To that end, attached is a copy of the 5-year lease renewal document for the Board's
approval consideration.
ANALYSIS
Currently, the County has an approved grant from the Florida Inland Navigation District (FIND) for
phased restoration of the Archie Smith Fish House dock. The FIND grant is for dock restoration using
construction plans that the County commissioned under a 2014 historic preservation grant.
As reflected in the lease renewal(and in the previous lease), the lease is for a docking facility with a non-
water dependent historical fish house/shed to be used for mooring of recreational vessels. The lease
renewal is a "fee waived" lease, which reflects public use and forgoes an annual lease fee that would
1
117
i
otherwise be charged by the State. Although there is no annual lease fee associated with the proposed
five-year renewal, there is a one-time administrative processing fee of$639.00 charged by the State for
the five-year lease renewal.
Cost and Funding
As previously indicated, the lease renewal will result in no annual lease fee. The State administrative
processing fee of $639.00 for. the five-year lease renewal is proposed to be paid from MSTU
Conservation Lands Licenses and Permits funds,Account No. 00421072-034970.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve the attached sovereignty submerged
lands fee waived lease renewal for the Archie Smith Fish House, and authorize the Board Chairman to
sign the lease on behalf of the County.
ATTAC)EIMENT:
1. Sovereignty Submerged Lands Fee Waived Lease Renewal(including attachments)
APPROVED: z.R.county o a
Admin.
FOR: 12 2 Legal
Bud et 7-
Dept. /1�►3 71 /6
BY: Risk Mgr.
M:V AAC\Archie Smith Fish House\ASFH submerged land lease renewal BCC item 7-12-16.doc
2,
118
This Instrument Prepared By:
Celeda Wallace
Bureau of Public Land Administration
3900 Commonwealth Boulevard
Mail Station No. 125
Tallahassee,Florida 32399
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
OF THE STATE OF FLORIDA
SOVEREIGNTY SUBMERGED LANDS FEE WAIVED LEASE
BOT FILE NO. 310008014
THIS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Trust Fund of the State of
Florida,hereinafter referred to as the Lessor.
WITNESSETH: That for and in consideration of the faithful and timely performance of and compliance with all
terms and conditions stated herein,the Lessor does hereby lease to Indian River County,Florida,hereinafter referred
to as the Lessee,the sovereignty lands described as follows:
A parcel of sovereignty submerged land in Section 31,
Township 30 South,Range 39 East,in Indian River,
Indian River County,Florida,containing 3,541 square feet,
more or less,as is more particularly described and shown
on Attachment A,dated October 19,2007.
HAVE THE USE OF the hereinabove described premises from July 25,2016,the effective date of this renewal lease,
through July 25,2021,the expiration date of this renewal lease. The terms and conditions on and for which this lease is
granted are as follows:
1. USE OF PROPERTY: The Lessee is hereby authorized to operate a 3-slip dockingfacility acility with a non-water
dependent historical fish house/shed to be used exclusively for mooring of recreational vessels for demonstration purposes in
conjunction with an upland public historical facility,without fueling facilities,with a sewage pumpout facility if it meets the
regulatory requirements of the State of Florida Department of Environmental Protection or State of Florida Department of
Health,whichever agency has jurisdiction,and without liveaboards as defined in paragraph 25 as shown and conditioned in
Attachment A. All of the foregoing subject to the remaining conditions of this lease.
[02-29] ATTACHMENT
119
2. AGREEMENT TO EXTENT OF USE. This lease is given to the Lessee to use or occupy the leased premises only
for those activities specified herein. The Lessee shall not(i)change or add to the approved use of the leased premises as
defined herein(e.g.,from commercial to multi-family residential, from temporary mooring to rental of wet slips, from rental of
wet slips to contractual agreement with third party for docking of cruise ships,from rental of recreational pleasure craft to
rental or temporary mooring of charter/tour boats,from loading/offloading commercial to rental of wet slips,etc.);(ii)change
activities in any manner that may have an environmental impact that was not considered in the original authorization or
regulatory permit;or(iii)change the type of use of the riparian uplands or as permitted by the Lessee's interest in the riparian
upland property that is more particularly described in Attachment B without first obtaining a regulatory permit/modified
permit, if applicable,the Lessor's written authorization in the form of a modified lease,the payment of additional fees,if
applicable,and,if applicable,the removal of any structures which may no longer qualify for authorization under the modified
lease. If at any time during the lease term this lease no longer satisfies the requirements of subparagraph 18-21.011(1)(b)7.,
Florida Administrative Code,for a fee waived lease,the Lessee shall be required to pay an annual lease fee in accordance with
Rule 18-21.011,Florida Administrative Code,and if applicable,remove any structures which may no longer qualify for
authorization under this lease.
3. SUBMITTING ANNUAL CERTIFIED FINANCIAL RECORDS: Within 30 days after each anniversary of the
effective date of this lease,the Lessee shall submit annual certified financial records of income and expenses to the State of
Florida Department of Environmental Protection,Division of State Lands,Bureau of Public Land Administration,3900
Commonwealth Blvd,MS 130,Tallahassee,FL 32399. "Income" is defined in subsection 18-21.003(31),Florida
Administrative Code. The submitted financial records shall be certified by a certified public accountant.
4.EXAMINATION OF LESSEE'S RECORDS: The Lessor is hereby specifically authorized and empowered to
examine,for the term of this lease including any renewals,plus three(3)additional years,at allreasonable hours,the books,
records,contracts,and other documents confirming and pertaining to the computation of annual lease payments as specified in
paragraph two(2)above.
5.MAINTENANCE OF LESSEE'S RECORDS: The Lessee shall maintain separate accounting records for:
(i) gross revenue derived directly from the use of the leased premises,(ii)the gross revenue derived indirectly from the use of
the leased premises,and(iii)all other gross revenue derived from the Lessee's operations on the riparian upland property. The
Lessee shall secure,maintain and keep all records for the term of this lease and any renewals plus three(3)additional years.
This period shall be extended for an additional two(2)years upon request for examination of all records and accounts for lease
verification purposes by the Lessor.
6. PROPERTY RIGHTS: The Lessee shall make no claim of title or interest to said lands hereinbefore described by
reason of the occupancy or use thereof,and all title and interest to said land hereinbefore described is vested in the Lessor.
The Lessee is prohibited from including,or making any claim that purports to include,said lands described or the Lessee's
leasehold interest in said lands into any form of private ownership,including but not limited to any form of condominium or
cooperative ownership. The Lessee is further prohibited from making any claim,including any advertisement,that said land,
or the use thereof,may be purchased,sold,or re-sold. `
7 INTEREST IN RIPARIAN UPLAND PROPERTY: During the term of this lease,the Lessee shall maintain
satisfactory evidence of sufficient upland interest as required by paragraph 18-21.004(3)(b),Florida Administrative Code,in the
riparian upland property that is more particularly described in Attachment B and by reference made a part hereof together with
the riparian rights appurtenant thereto. If such interest is terminated or the Lessor determines that such interest did not exist on
the effective date of this lease,this lease may be terminated at the option of the Lessor. If the Lessor terminates this lease,the
Lessee agrees not to assert a claim or defense against the Lessor arising out of this lease. Prior to sale and/or termination of the
Lessee's interest in the riparian upland property,the Lessee shall inform any potential buyer or transferee of the Lessee's interest
in the riparian upland property and the existence of this lease and all its terms and conditions and shall complete and execute
any documents required by the Lessor to effect an assignment of this lease,if consented to by the Lessor. Failure to do so will
not relieve the Lessee from responsibility for full compliance with the terms and conditions of this lease which include,but are
not limited to,payment of all fees and/or penalty assessments incurred prior to such act.
Page 2 of 18 Pages
Sovereignty Submerged Lands Lease No.310008014
120
8. ASSIGNMENT OF LEASE: This lease shall not be assigned or otherwise transferred without prior written
consent of the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the terms,conditions
and provisions of management standards and applicable laws,rules and regulations in effect at that time. Any assignment or
other transfer without prior written consent of the Lessor shall be null and void and without legal effect.
9. INDEMNIFICATION/INVESTIGATION OF ALL CLAIMS: The Lessee shall investigate all claims of every
nature at its expense. Each party is responsible for all personal injury and property damage attributable to the negligent acts or
omissions of that party and the officers,employees and agents thereof. Nothing herein shall be construed as an indermuty or a
waiver of sovereign immunity enjoyed by any party hereto,as provided in Section 768.28,Florida Statutes,as amended from
time to time,or any other law providing limitations on claims.
10.NOTICES/COMPLIANCE/TERMINATION:The Lessee binds itself, its successors and assigns,to abide by the
provisions and conditions herein set forth,and said provisions and conditions shall be deemed covenants of the Lessee,its
successors and assigns. In the event the Lessee fails or refuses to comply with the provisions and conditions herein set forth,
or in the event the Lessee violates any of the provisions and conditions herein set forth,and the Lessee fails or refuses to
comply with any of said provisions or conditions within twenty(20)days of receipt of the Lessor's notice to correct,this lease
may be terminated by the Lessor upon thirty(30)days written notice to the Lessee. If canceled,all of the above-described
parcel of land shall revert to the Lessor. All notices required to be given to the Lessee by this lease or applicable law or
administrative rules shall be sufficient if sent by U.S Mail to the following address:
Indian River County,Florida
c/o Roland DeBlois
1801 271 Street
Vero Beach,Florida 32960
The Lessee shall notify the Lessor by certified mail of any change to this address at least ten(10)days before the change is
effective.
11. TAXES AND ASSESSMENTS: The Lessee shall assume all responsibility for liabilities that accrue to the
subject property or to the improvements thereon,including any and all drainage or special assessments or taxes of every kind
and description which are now or may be hereafter lawfully assessed and levied against the subject property during the
effective period of this lease.
12.NUISANCES OR ILLEGAL OPERATIONS: The Lessee shall not permit the leased premises or any part thereof
to be used or occupied for any purpose or business other than herein specified unless such proposed use and occupancy are
consented to by the Lessor and the lease is modified accordingly,nor shall Lessee knowingly permit or suffer any nuisances or
illegal operations of any kind on the leased premises.
13. MAINTENANCE OF FACILITY/RIGHT TO INSPECT: The Lessee shall maintain the leased premises in good
condition,keeping the structures and equipment located thereon in a good state of repair in the interests of public health,safety
and welfare. No dock or pier shall be constructed in any manner that would cause harm to wildlife. The leased premises shall
be subject to inspection by the Lessor or its designated agent at any reasonable time.
14. NON-DISCRIMINATION: The Lessee shall not discriminate against any individual because of that individual's
race,color,religion,sex,national origin,age,handicap,or marital status with respect to any activity occurring within the area
subject to this lease or upon lands adjacent to and used as an adjunct of the leased area.
15.ENFORCEMENT OF PROVISIONS: No failure,or successive failures,on the part of the Lessor to enforce any
provision,nor any waiver or successive waivers on its part of any provision herein,shall operate as a discharge thereof or
render the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of
subsequent breach or breaches.
16.PERMISSION GRANTED: Upon expiration or cancellation of this lease all permission granted hereunder shall
cease and terminate.
Page 3 of 18 Pages
Sovereignty Submerged Lands Lease No.310008014
121
17.RENEWAL PROVISIONS: Renewal of this lease shall be at the sole option of the Lessor. Such renewal shall be
subject to the terms,conditions and provisions of management standards and applicable laws,rules and regulations in effect at that
time. In the event that the Lessee is in full compliance with the terms of this lease,the Lessor will begin the renewal process. The
term of any renewal granted by the Lessor shall commence on the last day of the previous lease term. In the event the Lessor
does not grant a renewal,the Lessee shall vacate the leased premises and remove all structures and equipment occupying and
erected thereon at its expense. The obligation to remove all structures authorized herein upon termination of this lease shall
constitute an affirmative covenant upon the Lessee's interest in the riparian upland property more particularly described in
Attachment B'which shall run with the title to the Lessee's interest in said riparian upland property and shall be binding upon the
Lessee and the Lessee's successors in title or successors in interest.
18.REMOVAL OF STRUCTURES/ADMINISTRATIVE FINES: If the Lessee does not remove said structures and
equipment occupying and erected upon the leased premises after expiration or cancellation of this lease,such structures and
equipment will be deemed forfeited to the Lessor,and the Lessor may authorize removal and may sell such forfeited structures
and equipment after ten(10)days written notice by certified mail addressed to the Lessee at the address specified in Paragraph
10 or at such address on record as provided to the Lessor by the Lessee. However,such remedy shall be in addition to all other
remedies available to the Lessor under applicable laws,rules and regulations including the right to compel removal of all
structures and the right to impose administrative fines.
19. REMOVAL COSTS/LIEN ON RIPARIAN UPLAND PROPERTY: Subject to the noticing provisions of
Paragraph 18 of this lease,any costs incurred by the Lessor in removal of any structures and equipment constructed or
maintained on state lands shall be paid by Lessee and any unpaid costs and expenses shall constitute a lien upon the Lessee's
interest in the riparian upland property that is more particularly described in Attachment B. This lien on the Lessee's interest in
the riparian upland property shall be enforceable in summary proceedings as provided by law.
20.RIPARIAN RIGHTS/FINAL ADJUDICATION: In the event that any part of any structure authorized hereunder
is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent
riparian nghts,Lessee agrees to either obtain written consent for the offending structure from the affected riparian owner or to
remove the interference or encroachment within 60 days from the date of the adjudication. Failure to comply with this
paragraph shall constitute a material breach of this lease agreement and shall be grounds for immediate termination of this
lease agreement at the option of the Lessor.
21. AMENDMENTS/MODIFICATIONS: This lease is the entire and only agreement between the parties. Its
provisions are not severable. Any amendment or modification to this lease must be in writing,must be accepted,
acknowledged and executed by the Lessee and Lessor,and must comply with the rules and statutes in existence at the time of
the execution of the modification or amendment. Notwithstanding the provisions of this paragraph,if mooring is authorized
by this lease,the Lessee may install boatlifts within the leased premises without formal modification of the lease provided that
(a)the Lessee obtains any state or local regulatory permit that may be required;and(b)the location or size of the lift does not
increase the mooring capacity of the facility.
22. ADVERTISEMENT/SIGNS/NON-WATER DEPENDENT ACTIVITIES/ADDITIONAL
ACTIVITIES/MINOR STRUCTURAL REPAIRS: No permanent or temporary signs directed to the boating public
advertising the sale of alcoholic beverages shall be erected or placed within the leased premises. No restaurant or dining
activities are to occur within the leased premises. The Lessee shall ensure that no permanent,temporary or floating structures,
fences,docks,pilings or any structures whose use is not water-dependent shall be erected or conducted over sovereignty
submerged lands without prior written consent from the Lessor. No additional structures and/or activities including dredging,
relocation/realignment or major repairs or renovations to authorized structures,shall be erected or conducted on or over
sovereignty,submerged lands without prior written consent from the Lessor. Unless specifically authorized in writing by the
Lessor,such activities or structures shall be considered unauthorized and a violation of Chapter 253,Florida Statutes,and shall
subject the Lessee to administrative fines under Chapter 18-14,Florida Administrative Code. This condition does not apply to
minor structural repairs required to maintain the authorized structures in a good state of repair in the interests of public health,
safety or welfare;provided,however,that such activities shall not exceed the activities authorized by this agreement.
Page 4 of 18 Pages
Sovereignty Submerged Lands Lease No.310008014
122
23 USACE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein,the
Lessee shall obtain the U.S. Army Corps of Engineers(USACE)permit if it is required by the USACE. Any modifications to
the construction and/or activities authorized herein that may be required by the USACE shall require consideration by and the
prior written approval of the Lessor prior to the commencement of construction and/or any activities on sovereign,submerged
lands.
24.COMPLIANCE WITH FLORIDA LAWS: On or in conjunction with the use of the leased premises,the Lessee
shall at all times comply with all Florida Statutes and all administrative rules promulgated thereunder. Any unlawful activity
which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the termination
of this lease by the Lessor.
25.LIVEABOARDS: The term"liveaboard"is defined as a vessel docked at the facility and inhabited by a person or
persons for any five(5)consecutive days or a total often(10)days within a thirty(30)day period. if liveaboards are
authorized by paragraph one(1)of this lease,in no event shall such"liveaboard" status exceed six(6)months within any
twelve(12)month period,nor shall any such vessel constitute a legal or primary residence.
26.GAMBLING VESSELS: During the term of this lease and any renewals,extensions,modifications or
assignments thereof,Lessee shall prohibit the operation of or entry onto the leased premises of gambling cruise ships,or
vessels that are used principally for the purpose of gambling, when these vessels are engaged in"cruises to nowhere,"where
the ships leave and return to the state of Florida without an intervening stop within another state or foreign country or waters
within the jurisdiction of another state or foreign country,and any watercraft used to carry passengers to and from such
gambling cruise ships.
27. SPECIAL LEASE CONDTIONS•
A.Unless authorized in writing by the Lessor,the Lessee shall not rebuild or restore the non-water dependent
structures included in this lease if 50 percent or more of the area encompassed by a structure is destroyed or if use of a
structure has been discontinued and 50 percent or more of the area encompassed by a structure must be replaced in order to
restore the structure to a safely useable condition. In addition,the use of the non-water dependent structures included in this
lease shall not be converted to a new use except as authorized in writing by the Lessor.
B.Within 60 days after the Lessor's execution of this lease,the Lessee shall install and display permanent manatee
educational signs that provide information on the mannerisms of manatees and the potential threat to this endangered species
from boat operation. The Lessee shall maintain these signs during the term of this lease and all subsequent renewal terms and
shall be required to replace the signs in the event they become faded,damaged or outdated. The Lessee shall ensure that the
view of the signs is not obstructed by vegetation or structures. The number,type,and procedure for installation of these signs
shall be in accordance with the handout,"Manatee Educational Signs,"which can be obtained from the Florida Fish and
Wildlife Conservation Commission,Imperiled Species Management Section,620 S.Meridian Street—6A,Tallahassee,Florida
32399-1600(Phone 850/9224330).
Page 5 of 18 Pages
Sovereignty Submerged Lands Lease No.310008014
123
IN WITNESS WHEREOF;the Lessor and the Lessee have executed this instrument on the day and year first above written.
VIrI TESSES: BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE
OF FLORIDA
Original Signature (SEAL)
BY.
PrintlTNpe Name of Witness Cheryl C.McCall,Chief,Bureau of Public Land Administration,
Division of State Lands,State of Florida Department of
_ Environmental Protection,as agent for and on behalf of the
Original Signature Board of Trustees of the Internal Improvement Trust Fund of the
State of Florida
Print/Type Name of Witness
"LESSOR"
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this day of 20_,by
hervl C. McCall. Chief. Bureau of Public ,'.,and Administration. Division of State Lands State of Florida Department of
Environmental Protection,as anent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State
of Florid a She is personally known to me.
tm
SUBJE TO PROPER EXEC ON:
/ — /0 [� l b Notary Public,State of Florida
DEP Attorn$y IDate
Printed,Typed or Stamped Name
My Commission Expires:
Commission/Serial No.
Page 6 of 18 Pages
Sovereignty Submerged Lands Lease No.310008014
124
WITNESSES: Indian River County Florida (SEAL)
By its Board of County Commissioners
BY:
Original Signature Original Signature of Executing Authority
Bob Solari
Typed/Prmted Name of Witness Typed/Printed Name of Executing Authority
Chairman
Original Signature Title of Executing Authority
Typed/Printed Name of Witness "LESSEE"
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of ,20 ,by
Bob Solari as Chairman,for and on behalf of Board of Countv Commissioners of Indian River County,Florida. He is personally
known to me or who has produced as identification.
My Commission Expires:
Signature of Notary Public
Notary Public,State of
Commission/Serial No. Printed,Typed or Stamped Name
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BT w■
DYLAN ABINOOLD
00WNTY ATTOMNBY
Page 7 of 18 Pages
Sovereignty Submerged Lands Lease No.310008014 125
WITNESSES: Indian River County,Florida (SEAL)
By its Board of County Commissioners
BY:
Original Signature Original Signature of Executing Authority
Bob Solari
Typed/Printed Name of Witness Typed/Printed Name of Executing Authority
Chairman
Original Signature Title of Executing Authority
Typed/Printed Name of Witness "LESSEE"
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of 20 ,by
Bob Solari as Chairman,for and on behalf of Board of County Commissioners of Indian River County Florida. He is personally
known to me or who has produced ,as identification.
My Commission Expires:
Signature of Notary Public
Notary Public,State of
Commission/Serial No. Printed,Typed or Stamped Name
Page 7 of 18 Pages
Sovereignty Submerged Lands Lease No.310008014
126
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Page 8 of 18 Pages
Sovereignty Submerged Lands Lease No.310008014 127
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Page 9 of 18 Pages I2g
Sovereignty Submerged Lands Lease No.310008014
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Page 10 of 18 Pages
Sovereignty Submerged Lands Lease No.310008014 129
SKETCH OF DESCRIP77ON SUBMERGED LANDS LEASE
' A PART OF AUGUST PARK SUBDIVISION,
y SECTION 31, TOWNSHIP 30 SOUTH, RANGE 39 EAST,
INDIAN RIVER COUNTY, FLORIDA
�CRj2• PRO^OSCO moposro
'1YEXT te't•ky
App{ F 6". w,k 3 BO.:YPS2(1vR3 LCAL)
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L710Y SEB AN CIl 90AN WVM iAOOQI
424,' StlO{7TE d9' _ ---
THESE E)OSUNG _ 7NCSE EXISTING 9
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/ >Qe'THIS ISA FIELD SURVEY" ( 1N FEET ) Le tl.96 s { '49'r
Serving Florida
CARTER ASSOCIATES, INC. I inch = 40 ft. Since 1911
g CONSULTING ENGINEERS AND LAND SURVEYORS 1
n1708 21ST PROJ#07-269SSTREET 772-562-4191
(TEL) BY: DLC/FSC DAGg16284-A1
VERO BEACH, FLORIDA 32960-3472 772-562-7180 (FAX)
0 DATE: 4/09/07 SHEET 2 OF 4
a
L/1
i
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Attachment A
Page 1 I of 18 Pages 13�
Sovereignty Submerged Lands Lease No.310008014
SKETCH OF DESCRIP77ON/SUBMERGED LANDS LEASE
A PART OF AUGUST PARK SUBDIVISION,
SECTION 31, TOWNSHIP 30 SOUTH, RANGE 39 EAST,
DESCRIPTION OF PROPOCFD LEASE AIRFA. INDIAN RIVER COUNTY, FLORIDA
PARCEL LUNG AND SITUATED EASTERLY OF'AUGUST PARK"SUBDIVISION, N PART OF SECTION 31. TOWNSHIP 30 SOUTH, RANGE 39 EAST,INDIAN RIVER COUNTY,FLORIDA.
COMMENCING AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF INDIAN RIVER DRIVE(NEW DDOE HIGHWAY/OLD U.S. HIGHWAY NOA)AND THE EASTERLY
EXTENSION OF THE NORTH LINE OF LOT 2 OF SUBDIM90N OF AUGUST PARK SUBDIVISION, AS RECORDED N PUT BOOK 1,PAGE 19.ST. LUCIE COUNTY,FLORIDA;
RUN SOUTH 2656'35'EAST ALONG THE SAID EAST RIGHT-OF-WAY OF OMAN RIVER DRIVE A DISTANCE OF 40.97 FEET; THENCE RUN NORTH 6212'23'EAST A DISTANCE
OF 76.41 FEET TO THE MEAN HIGH WATER LANE OF THE WEST BANKS OF THE INDIAN RIVER LAGOON AS IT PRESENTLY EXISTS AND POINT OF BEGINNING: FROM$AID PDNT
OF BEGINNING CONTINUE NORTH 6212'23'EAST A DISTANCE OF 87.77 FEET; THENCE RUN NORTH 28'33'59'WEST A DISTANCE OF 21.23 FEET: THENCE RUN NORTH
6214'49'EAST A D157ANCE OF 39.94 FEET; THENCE RUN NORTH 27'45'11' WEST A DISTANCE OF 11.30 FEET; THENCE RUN NORTH 6250'39'EAST A DISTANCE OF 38.97
FEET: THENCE RUN SOUTH 28.04'25'EAST A DISTANCE OF 42.44 FEET; THENCE RUN SOUTH 61'3332'WEST A DISTANCE OF 31.51 FEET; THENCE RUN NORTH 28.26.28'
WEST A DISTANCE OF 3.37 FEET; THENCE RUN SOUTH 6173'45'WEST A DISTANCE OF 130.52 FEET TO THE AFOREMENTIONED MEANHIGH WATER UNE OF THE WEST BANK
OF THE INDIAN RIVER LAGOON; THENCE RUN NORTH 540716'WEST ALONG SAID MEAN HIGH WATER UNE A DISTANCE OF 10.28 FEET TO THE POINT OF BEGINNING.
CONTAINING. 3,540.50 SOFT.OR 0.08 ACRES MORE OR LESS.
DESCRIPTION OF PRFFMPTEQ AREA(NON WATER DEPENDENT STRL IRFC)t
PARCEL LYING AND SITUATED EASTERLY OF'AUGUST PARK'SUBDINSION,IN PART OF SECTION 31, TOWNSHIP 30 SOUTH,RANGE 39 EAST,INDIAN RIVER COUNTY,FLORIDA.
COMMENCING AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF INDIAN RIVER DRIVE(NEW DIXIE HIGHWAY/OLD U.S.HIGHWAY NO.1)AND THE EASTERLY
EXTENSION OF THE NORTH UNE OF LOT 2 OF SUBDIVISION OF AUGUST PARK SUBDIVISION, AS RECORDED IN PUT BOOK 1,PAGE 19, ST.LUCIE COUNTY,FLORIDA;
RUN SOUTH 2856'3Y EAST ALONG THE SAID EAST RICHT-OF-WAY OF INDIAN RIVER DRIVE A DISTANCE OF 40.97 FEET. THENCE RUN NORTH 6212'23'EAST A DISTANCE
OF 78.41 FEET TO THE MEAN HIGH WATER UNE OF THE WEST BANKS OF THE INDIAN RIVER LAGOON AS 17 PRESENTLY EXISTS; THENCE CONTINUE NORTH 6212'23'EAST A
DISTANCE OF 87.77 FEET TO THE POINT OF BEGINNING; FROM SAID PONT OF BEGINNING RUN NORTH 28'33'59' WEST A DISTANCE OF 21.23 FEET; THENCE RUN NORTH
6214'49"EAST A DISTANCE OF 51.46 FEET; THENCE RUN SOUTH 28'33'44'EAST A DISTANCE OF 21.23 FEET: THENCE RUN SOUTH 6214'49' GEST A DISTANCE OF 51.40
FEET TO THE PONT OF BEGINNING.
CONTAINING: 1,091.86 SOFT.OR 0.03 ACRES MORE OR LESS.
UPLANDS DFSCRIPTION•
PARCEL'1'(MUNICIPAL ADDRESS: 1740 INDIAN RIVER DRIVE)
BEGANNG AT THE NORTH UNE OF LOT 2 OF SUBDIVISION OF AUGUST PARK ESTATE WHERE THE NEW DDOE HIGHWAY CROSSES SAID UNE; THENCE ALONG
HIGHWAY; SOUTH 50 FEET BEING EAST OF SAID SAID
D HIGHWAY; THENCE EAST TO INDIAN RIVER; THENCE NORiFH ALONG SVD DIVER TO NORTH LINE OF SAID ESTATE;
THENCE WEST TO A PONT OF BEGINNING, IVTH RIPARIAN RIGHTS.SAME BEING SITUATED IN SECTION 31.TOWNSWP 30 SOUTH.RANGE 30 EAST.
PARCEL'2' '
THAT PART OF L07 1,PLAT OF THE SUBDMSION OF LANA OF THE ESTATE OF AUOUST PARK.AS REDOROED IN PUT BOOK I.PACE 19.ST. LUCIE COUNTY,FLORIDA
RECORDS NOW LYING AND BEING IN INDIAN RIVER COUNTY.FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NTERSECTION OF
THE SOUTH LEE OF SAID lAT 1 AND THE EAST RIGHT-0
OF-WAY OF OLD U.S.HIGHWAY NO. 1.THENCE RUN EAST ALONG SAID SOUTH UNE A DISTANCE OF i&00
FEET: THENCE AN INTERIOR ANGLE OF 15316'00'RUN NORTHEASTERLY A DISTANCE D<3500 FEET MORE OR LESS TO THE WEST SHORE OF THE NOAH RIVER
AND PONT R BEORTHEA THENCE RWESTR G LAST MENTIONED COURSES RUN SOUTHWESTERLY A DISTANCE OF XLOD FEET; THENCE ON AN INTERIOR ANGLE OF
15316'OD' FROM NORTHEASTERLY TO WEST RUN A DISTANCE OF 1&00 FEET TO THE SAID EAST RIGHT-OF-WAY OF U.S. HIGHWAY NO.1; THENCE RUN
NORTHWESTERLY ALONG SAID EAST RIGHT-OF-WAY A DISTANCE OF 20.00 FEET: THENCE ON AN ANGLE FROM SOUTH TO EAST OF 90'42'00'RUN NORTHEASTERLY A
DISTANCE OF 37.35 FEET TO THE SAID WEST SHORE OF THE INDIAN RIVER; THENCE MEANDERING SOUTHEASTERLY KONG SAID WEST SNORE TO THE PONT O'
BEGINNING
(AS PER OFFICIAL RECORD BOOK 845 PC.0.238. INDIAN RIVER CO..FL)
UPLANDS CONTAINING 4.683.25 5.1.OR 0.11 ACRES (0)
Sup A LF
I.UNL(ss O BEARS THE SIGMA iJRF AND*,KORN7MAL RAISED 7 SED SA FLORIDA UCFN5C0 SVNH,YW AND NAPPED DIMS DRAWING.SK[TCH,Pt 02 YAP 05 FOR 460RYARONA PURPOSES ONLY AND Is Npl
I.LIN
REMXATKMS OR SE ITEUG WERE
LAIM USE PIAN DDEESIGNAAMK�D.T,OtEDOS O�MURPHY ACT OCED ETM6 SUR4FASEMENTS YFt R1lOED TO�jEW,T�hR KiLA1m4 EM4REA5 OE-CONCERN OR ANY NG
AAMOCOONAL DETERMNATIOA
3.THIS DCSCRPT1p,AND SKETCH CONSISTS OF 4 SHEETS AND ONE IS NOT YARD WITHOUT THE OTHER,
THS EM11117 DOES NOT INTEND TO REFLECT OR DETERMINE ORAC N
S DE T rs A(HELD SSAIEY.TMS BOUNDARY SLINKY WAS PEREORNED TO OEUMEAIE LRBTS OF FARCLL BOUNDARY AND PROPOSED SI04RCED LANDS LEASE AND RIPARIAN RIGHTS NO FIELD OBYRVATIONS REDS
WADE TO OCI.RIEAIF SAID OESCWP OUN
FLORIDA .TUMZON AND HORRONIA COOROII4TE VALVES ARE BASS UPON TI[WORTH AMEFIFJN DATUM O< 1963.ADJUST O''999(K%M/99).AND PROJECTED N THE SATE PLANE COORDINATE MIEN-
&BEA W.TONE.0901.
7.ALL ELEVATIONS SHORN HEREON ARE BASED ON THE NORTH ANERIF.AH YIROCAL DATUM OF 1958(N.A.V D.I988).
BENCHMARK'Dw N COMC"M NOMUMEMT STAMPED'OS 150 1995• ELEVATION-4.37'(N A.VA.1988)
T.B.N. 3/5'F REBAR ACTH CAP STAMPED*UAV.1B205'.LYING MOD FEET SOUIMWST d THE NORTHEAST CORNER Of LCT T,AUGUST PARR SUBOV6DN AND 1.55'FEET SOUTMW5T OF THE REST
Cl. RWHY-OF-WAY O INDIAN RIVER ORTYL ELEV U FEET
N j
H!1
U I
LEGEND '
N V L W N 1D "THIS IS A FIELD SURVEY"
o DIAMETER THIS SURVEY IS CERTIFIED TO I
o Opo S.C.O. SURVEY CONTROL ONLY
^' c.'.f P.O.B. PONT OF BEGINNING THE CONSERVATION FUND _
rMM R.O.W. RIGHT OF WAY BOARD
COUNTY OF THE INTERNAL IMPROVEMENT TRUST FUND OF h¢._STATE OF FORIDA
�A t� �D) DESCRIPTION CALL ;
Sov2 I
Z TO,�,r� (0) OBSERVED DATA
�N9 ID.# IDENTIFICATION NUMBER _ •":�, ,�'�.
r
Z�A }2.48 NATURAL GROUND ELEVATION
P.O.C.
U 1n Rnom
UJ . POINT OF COMMENCEMENT
uw¢_ N.G.V.D. NATIONAL GEODETIC VERTICAL DATUM 29 i
o 00oir FRANK S CLIC PSM.
01200 EL. ELEVATION ;SIGNATURE DATE t
¢a I FLORIDA RECIST TION NR.4765
ono 0 � FIRE HYDRANT ES INC.LB.205
In
N7c ID.g IDENTIFICATION NUMBER
N
i
I I i> O DESIGNATED 8- PILING
c »�� Serving Florida
L CARTER ASSOCIATES, INC. Ill Since 1911 i
CONSULTING ENGINEERS AND LAND SURVEYORS
PROJf07-289S L
N 1708 21ST STREET 772-582-4191TEL BY: DLC/FSC DWG#IB284-A1 !
VERO BEACH, FLORIDA 32980-3472 772-582-7180 (FAX) DATE: 4/09/07 SHEET 4 OF 4 t
S
Tori
I
I
i
Attachment A
Page 12 of 18 Pages 131
Sovereignty Submerged Lands Lease No 310008014
DESCRIPTION OF PROPOSED LEASE AREA;
PARCEL LYING AND SITUATED EASTERLY OF "AUGUST PARK"
SUBDIVISION, IN PART OF SECTION 31, TOWNSHIP 30 SOUTH, RANGE 39
EAST,INDIAN RIVER COUNTY,FLORIDA.
COMMENCING AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE
OF INDIAN RIVER DRIVE (NEW DIXIE HIGHWAY/OLD U.S. HIGHWAY NO.1)
AND THE EASTERLY EXTENSION OF THE NORTH LINE OF LOT 2 OF
SUBDIVISION OF AUGUST PARK SUBDIVISION, AS RECORDED IN PLAT
BOOK 1,PAGE 19, ST. LUCIE COUNT f,FLORIDA;RUN SOUTH 26°56'35"EAST
ALONG THE SAID EAST RIGHT-OF-WAY OF INDIAN RIVER DRIVE A
DISTANCE OF 40.97 FEET; THENCE RUN NORTH 62°12'23" EAST A DISTANCE
OF 78.41 FEET TO THE MEAN HIGH WATER LINE OF THE WEST BANKS OF
THE INDIAN RIVER LAGOON AS IT PRESENTLY EXISTS AND POINT OF
BEGINNING; FROM SAID POINT OF BEGINNING CONTINUE NORTH 62°12'23"
EAST A DISTANCE OF 87.77 FEET; THENCE RUN NORTH 28°33'59" WEST A
DISTANCE OF 21.23 FEET; THENCE RUN NORTH 62014'49" EAST A DISTANCE
OF 39:94 FEET; THENCE RUN NORTH 27°45'11" WEST A DISTANCE OF 11.30
FEET; THENCE RUN NORTH 62°50'39" EAST A DISTANCE OF 38.97 FEET; `
THENCE RUN SOUTH 28004'25" EAST A DISTANCE OF 42.44 FEET; THENCE
RUN SOUTH 61033'32" WEST A DISTANCE OF 31.51 FEET; THENCE RUN I
NORTH 28026'28" WEST A DISTANCE OF 3.37 FEET; THENCE RUN SOUTH r
61023'45" WEST A DISTANCE OF 130.52 FEET TO THE AFOREMENTIONED `
MEAN HIGH WATER LINE OF THE WEST BANK OF THE INDIAN RIVER f
LAGOON; THENCE RUN NORTH 54°07'16" WEST ALONG SAID MEAN HIGH
WATER LINE A DISTANCE OF 10.28 FEET TO THE POINT OF BEGINNING.
CONTAINING: 3,540.50 SQ.FT. OR 0.08 ACRES MORE OR LESS.
3
1
I
i
jf
i
E
S:\P\07-269S\DOC\DESCRIPTION OF PROPOSED LEASE AREA.doc
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Attachment A
Page 13 of 18 Pages 132
Sovereignty Submerged Lands Lease No.310008014
A PART OF AUGUST PARK SUBDIVISION,
SECTION 31, TOWNSHIP 30 SOUTH, RANGE 39 EAST,
INDIAN RIVER COUNTY, FLORIDA
PROPOSED PROPOSED
�D,Q) 6' mDE 10'1 W X 20'3 L
FPAME WALK 3 BOAT SLIPS (TYPICAL)
P 0 IM TERLINE OF TN INIRACOASTAL WATERWAY AS MEASURED
FRO;F SEBA AN QUADR GLr- INDIAN RIVER LAGOON
42.44' -'04'2n.. THESE EXISTING 9
IS11NG 2B,6' • MOORING PILES TO BE
REMAIN. ;�t � ^; 1 REMOVED.
an River ;'I t ' t 1�.'', 'Ti' • (as per Indian River
lorldo) F' C, County, Florida)
LD
1'. IA
L 3t
W
3 aio� NZT 1'lr� n• ►i� I� �a <
F-- 39.3'
J
L l 3Q °a $ Tr
s `
s
R
*� , TN
9 17.7'-)o�
W 4 e
r c O Q 21.23
n y .v N2E73'69'W
a� 8; ,
`� 1 FLOOD 20NE 'AE'
v •vs �� �.•MI • !�M �� �I Y•� YO Y • �� �� O Y•J IC'w• 669 mY O
4 p WW H FLOC.^ Z..^h: 'AE'
S EL
*3
It^ iv v
! 'HISTORICAL RESIORATIO!!'
o POTENTIAL PUBLIC ACCESS W LAr Z� 9 Z
/ o It t•/ C��U 4 oZ V
r � !gv � ,1' �• S�ii � y �2
NCL
N 47Cy p dLI z ` .• z •K S� 4$r
t, vo. i ' Fn�d wW
20 Q .72� I-
k1p 17 Q7 C
10
_ At
r"-V O.r ti�q�
4� F (�`xp,4p ��u q e • t ti 11Tg. '','.
� Q^ c� • v9T I�1'i �t V\i'•'i
Ar 411-
,tip'
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h } Q I
,�� � t.tg• V m �,(r 3 n..�B
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�r D o
8 M
0
EXISTING hh '• v 1'76' ORIGINAL PLATTT.D FAST UNE
�BROCK I� OF AUGUST PARK' +
WA!
Attachment A
Page 14 of 18 Pages
Sovereignty Submerged Lands Lease No 310008014 133
v
M
SKETCH OF DESCR/FTIOVV
SHOREUVE CONDITION
SUMEERGED LANDS LEASE
A PART OF AUGUST PARK SUBDIVISION,
SECTION 31, TOWNSHIP 30 SOUTH, RANGE 39 EAST,
INDIAN RIVER COUNTY, FLORIDA
SHOR IINF CONDITIONS X
1000 FEET NORTH: 26% CONCRETE SEAWALL
AND 749 NATIVE VEGETATION AND NATURAL
SHORELINE
w
1000 FEET SOUTH: 28% CONCRETE RUBBLE
AND 72% NATIVE VEGETATION AND NATURAL
SHORELINE
SUBJECT PARCEL. 100% NATURAL SHORELINE
INDUN RIWR LAGOON
NMWIWI[0lTg1K lL M MNMY.fTK Ml[IMY
N YGLIIIm 111(.1 OON'hw 4WKN0.l'
ci a
yW
U O
N u
[1 e oo
llr0 B O
Oa „K" —
c
c
1ul1NU
d I 1
ry¢' u..1.1• Yom,.o r' a
Mockm1 .... K
c a ,off �••�" v
4J
p I 11 tLwltl WIMC h O`U
s»> E
"THIS IS A FIELD SURVEY" (NOT TO SCALE) T. Serving Florida O �
oc
CARTER ASSOCIATES INC. Since 1911 ¢
CONSULTING ENGINEERS AND LAND SURVEYORS E •°"
PROJy07-269S
1708 21ST STREET 772-862-4191TEL BY: DLC DWG#18284-A1 ar >
VERO BEACH, FLORIDA 32960-3472 772-882-7180 (FAX) DATE: 4/09/07 SHEET 3 OF 4
Pagel of 3
1812778 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN
RIVER CO FL, BK: 2122 PG: 2414, 01/11/2007 02:57 PM DOC STAMPS D $5250.00
PREPARED BY AND RETURN TO:
MARTIN S.AWERBACH,ESQ.
AWERBACH&COHN,P.A.
2600 MCCORMICK DRIVE
SUITE 100
CLEARWATER,FL 33759
(727)725-3227
FILE NO.4056
(Spam Above Thu We for Remrding Dm)
WARRANTY DEED
THIS WARRANTY DEED made this qt"' day of January,2007,by Viola S.
Judah,joined by her husband,James C.Judah,whose post office address is 13390 Indian
River Drive,Sebastian,FL 32958,hereinafter called the grantor,to Indian River County,a
political subdivision of the State of Florida,whose post office address is 1840 25th Street,
Vero Beach,FL 32960,hereinafter called the grantee.
WITNESSETH: That the grantor,for and in consideration of the sum of Ten and
No/100 Dollars ($10.00) and other good and valuable considerations, receipt whereof is
hereby acknowledged,hereby grant,bargain,sell,alien,remise,release,convey and confirm
unto the grantee,all that certain land situate in Indian River County,Florida,to-wit:
See Exhibit"A"attached hereto
Tax Parcel No.30-39-31-00001-0000-00001/9
TOGETHER with all the tenements, hereditaments and appurtenances thereto
belonging or in anywise appertaining.
TO HAVE AND TO HOLD,the same in fee simple forever.
AND the grantor hereby covenants with said grantee that grantor is lawfully seized of
said land in fee simple; that the grantor has good right and lawful authority to sell and
convey said land;that the grantor hereby fully warrants the title to said land and will defend
the same against the lawful claims of all persons whomsoever;and that said land is free of all
encumbrances,except taxes accruing subsequent to December 31,2006.
IN WITNESS WHEREOF,the said grantor has signed and sealed these presents the
day and year first above written.
Page 1 of 3
http:Hori.ind i an-ri ver.org////Document/GetDocumentForPrintPNG/?request=AQAAANC... 6/20/2016
Attachment B
Page 16 of 18 Pages
Sovereignty Submerged Lands Lease No.310008014 135
Page 2 of 3
BK: 2122 PG: 2415
Signed,sealed and delivered in.the presence of:
Witness 1:
P-
3
Witness 2• VIOLA S.JUDAFOJ4
Sir
STATE OF FLORIDAR�"-�A�I�
COUNTY OF
THE FOREGOING INSTRUMENT wasacowledged before me on this�day
of January,2007,by Viola S.Judah,who is()personally(mown to me or(--)who
produced for identification.
tary Public
My commission expires:
70NNTOLDIFITIMAnro
Signed,sealed and delivered in the presence of: lr;&%l1
Witness 1:
ate+ Yro�np. R. a7Y
Witness 2: AME C.JUDAH
ap
am+
STATE OF FLORIDA
COUNTY OF j /l r Z�
THE FOREGOING INSTRUMENT was acknowledged before me on this day
of January 007,by Jamtes C.Judahwhois�)personally known to me or who
produced ���,., / f r!`c.4 Ll1 A_/j�l�for identification.
N,ohiry Public
y commission —%40�LW
Page 2 of 3 r M d�
c�anm r �`tn'MW
http://ori.indian-river.org////Document/GetDocumentForPrintPNG/?req uest=AQAAANC... 6/20/2016
Attachment B
Page 17 of 18 Pages
Sovereignty Submerged Lands Lease No.310008014 136
Page 3 of 3
BK: 2122 PG: 2416
ETLbibit"A"
PARM 1
THAT PART OF LOT 1,PLAT 13F THE SlBOIMS7ON OF TWE ESTATE OF AULIAST PARI(.AS RECCFMW HIV PLAT BOOL I AT
PACT 16, OF THE PUBLAC RECORDS OF ST.LUG£CO ,, TMI
PLORDA NOW LG AND BEND N NDIAN WW R COUNTY.
nOMA,BONG MORE PARTIOAARLY OESCPdIWD AS FOLLOWS`
COASIENGLYC AT THE N7 M=TMV OF DJE SOUTH UNE OF SAID LOT I AND THE EAST R1WT OF WAY LWE OF OLD U.S.
KGRWAY NO. 1: THENCE RLN EAST ALONG SAD SOUTH LM A DISTAMM OF 1&0 FEET: THENCE AN INTER1g1 ANGLE OF
(5796'00 RLN NORTHEASTERLY A OISTANCE OF JJ FFFT MORE OR LESS TD THE(LEST SNORE OF THE MAN RIVER AND
PONT OF BEWMVG4 IMME RETRACWO LAST MENTIONED COUMS RLW SOUTHWESTERLY A DISTANCE OF JJ FETT.• THIETILE
ON AN WTERMR ANGLE OF 15796100'FROM NOFIVEAS TERLY TO HEST RUN A 2STAMM OF 75 FEET TO SAID EAST MMMT
OF WAY OF U.S. HIGHWAY NO 1; THENCE RUN NORTHKSTEMY ALONG SAID EAST RIGHT OF WAY LRE A DWAMM OF 200
FELT THENCE ON AN ANGLE FROM SOUTH TO EAST OF 9~00'RUN NORTHEASTERLY A OSTANCE OF J7.35 FEET TO SAO
REST SHORE OF OE NDEAN RILLIC Mai=MEAMOERNO SOUTMEASTMLY ALONG SAD HEST SHORE TO THC POWT OF
BEONPANG
PARM 2
MON ON THE NORTH LINE OF SAD LOT Z *CK TW EAST LNC OF TPC NEW DilOf HDHf1WY CROSSES SAD UNE THENCE
RUN SW H ALONG SAID HIGHWAY 50 FEET MFDPGI RUN EAST 70 THE"AN M%vt: THENCE RUN NORM ALONG DE
S MAN N%O TO THE NORTH LWF OF LOT 2 THENCE RLN WEST TO THE POINT OF SE=SMQ, TOGETHER ERN ALL aF THE
RIPAMAN RIGHTS APPERTAMW RfWW.. SAID LOTS OEM A PORTION OF THE SL'60L51MM Or PIE ESTATE OF AUWS'T
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Page 3 of 3
http://ori.indian-river.org////Document/GetDocumentForPrintPNG/?request=AQAAANC... 6/20/2016
Attachment B
Page 18 of 18 Pages
Sovereignty Submerged Lands Lease No.310008014 137
Consent-Agenda item
INDIAN RIVER COUNTY, FLORIDA
DEPARTMENT OF UTILITY SERVICES
Date: July 5, 2016
To: Jason E. Brown, County Administrator
From: Cindy Corrente, Finance Manager C
Through: Vincent Burke, Director of Utilities `
Subject: Approval to Use Invoice Cloud for Merchant Services
DESCRIPTIONS AND CONDITIONS:
The Indian River County Department of Utility Services (IRCDUS) currently uses Trans First as its
merchant provider for E-payment services. In order to utilize E-payment services, we are
confined to working with one of several vendors that are compatible with our utility billing
software. Currently, our customers have the option of viewing and paying their utility bills
online. However, the mobile interface that is currently in place is cumbersome at best. Since
choosing our vendor in 2011, E-services have grown in popularity. With this trend, there are
now better options in place for these services.
ANALYSIS:
Staff considered several options when looking for a more customer friendly E-payment service
provider. In so doing, staff narrowed its choice to Invoice Cloud. Invoice Cloud is a SaaS
(Software as a Service) provider. This means that IRCDUS will never have to do software or
version updates, software version maintenance, or pay annual software maintenance fees. All
interface changes and updates are coordinated behind the scenes between Invoice Cloud and
Harris Advanced Systems, who is our utility billing software provider. Invoice Cloud is a Level
One Payment Data Card Security Standards, or PCI compliant, product. This is a set of
regulations that was established to enhance debit and credit card security. This task could be
daunting for an Information Technologies department. However, using the third party
provider transfers the prime responsibility for this project from IRCDUS to the third party.
Invoice Cloud will enable IRCDUS to provide:
• Multiple customer friendly online payment options
• Simplified enrollment for E-billing
• Multiple mobile payment solutions that are screen optimized contingent on the
device being used (tablet, smart phone, laptop, or desktop)
• The ability to link multiple accounts (for customers with multiple properties)
Page 1 of 3
138
• An e-mail or text message that alerts the customer that their bill is ready for
viewing
• A link in that message that does not require a sign on and password in order to
view their bill
• A link in that message to pay the bill now or set up a future payment
• E-mail or text reminders near the bill due date
• E-mail or text reminders that a bill is past due
• E-mail or text reminders that the bill is now past due and the customer is subject
to disconnect
In addition to providing better customer service via the items listed above, IRCDUS also expects
to reap several benefits by switching to Invoice Cloud. We expect to reduce the number of
printed or paper bills thereby reducing printing and postage costs. Second, we expect the
number of disconnects to be reduced. With the multiple reminders that are sent via Invoice
Cloud, a customer should not accidently miss making their payment. Third, we expect the
success with the a-bill customers to improve. Currently, a customer signs up for a-bill using
their preferred e-mail address. However, there are no alerts letting us know when someone's
e-mail address is no longer valid. Therefore, it is assumed that the customer remembered to
update their e-mail using the current online module. However, Invoice Cloud has a tracking
system in place that alerts them that an e-mail did not successfully go through. They in turn
notify our third party utility bill printer to mail a hard copy of the bill to that customer. This
ensures the-customer still receives their bill. They also provide this data to IRCDUS so that we
can follow up with the customer to remind them to update their e-mail information.
Invoice Cloud's SaaS platform is funded strictly through user fees they earn by providing
merchant services. Staff has compared their user rates with the current rates being paid and
concluded that their fees will be $800 to $1,000 higher per month. However, considering the
services provided, staff feels that this is actually less expensive than other similar and less
impressive products. Other providers will charge a one-time set up fee. These fees are
typically $20,000 or more. Secondly, other providers charge an annual maintenance fee,
typically $12,000 or more. Third, all version upgrades, maintenance and testing of the
upgrades become the responsibility of IRCDUS and not the vendor. Therefore, staff has
concluded that despite the higher monthly merchant's fees, the cost of using Invoice Cloud as
our E-payment service provider will be less than that of other companies. The only other fees
affiliated with this service are credit card readers. Seven credit card readers with chip reader
capability will be provided and serviced by Invoice Cloud for a fee $15 per month or $1,260 per
year. Although staff will work behind the scenes to ready the system for the roll out of Invoice
Cloud, we do not plan to go live with this product until the fall of 2016.
FUNDING:
Funds for these services are available in the Credit Card Fees in the operating fund. Operating
funds are generated from water and sewer sales.
F:\Utilities\00_UTILITY-AGENDA TEMPLATE&GUIDELINES\2016 Agenda Items\Agenda-Invoice Cloud.doc 139
ACCOUNT NO.:
Description Account Number Amount
Credit Card Fees 47126536-035680 $13,260.00
RECOMMENDATION:
Staff recommends that the Board of County Commissioners adopt Invoice Cloud as its E-
Services provider and authorize the Chairman to endorse the Biller Agreement with Invoice
Cloud after review and approval by the County Attorney's office.
Attachment:
Biller Agreement
r
APPROVED F AGENDA:
B Indian River Co. Appr v d Date
By:
JasonBr0 W n, County Administrator Administration 6 4"
Legal
For: July 12, 2 6 Budget pf�-Utilities Utilities-Finance .7
F:\Utilities\00_UTILITY-AGENDA TEMPLATE&GUIDELINES\2016 Agenda Items\Agenda-Invoice Cloud.doc 140
Mvoice- cloudw
Biller Order Form ,,,.-,..
J�
-o
Matt Braley
Cathedral
vanced
A
Z EBPP ❑0 Cloud Store 0 Cloud Pay Z Pay by Text 0 IVR 0 OBD 13 Kiosk
Z Visa/MasterCard/Discover DAmerican Express 9 ACH/EFT
7-IT-
Ownership Type: Utility Biller Contacts
I;, iv ft ��q
Legal Name:
County of Indian River BCC(spelled out)
f Messersmith
Address 1: 1801 27th Steel Phone Number: yy�772-226-1-83-7 Ext. =F—
Address 2: F Email Address: bmessersm-ith@ircgov.com
City:
Vero Beach StateFL Zip: 32960 C-, Bethany Messersmith
F
Phone# (772)226-1845 Fax #: I F772.77 .5318 Phone Number: Ext. F
Website URL: hV-://www.ircublites.com/ -- Email Address:
Business Open Date: 1925
Cindy Corrente
5�6000674 Phone Number: Ext. I F
Federal'�x �F F772.226.1832
Note*Federal Tax 0 and Legal Name must match on all documents. Email Address: Fccorrente@ircgov.com
Signatory Contact: # Bob Solari Title:
I I Board of County Commissioners
Phone Number: 772-226-1440 Ext. Email Address: bsolari@ircgov.com
I A'-
- .
7
T'7 :-
New Biller Implementation: 0-00 Paperless Presentment: $ F-0.00 Per Item
Biller Portal Access: —0 (includes 3 email notifications)
.00 Monthly IC Payment-Credit Card: $ —rl/a Per Item
Additional User(s): —0
.00 Monthly Per User IC Payment-EFT/ACH: $ Per Item
Online Bank Direct Access: F0.00 Monthly Online Bank Direct: $ —rl/a Per Item
Invoice Presentment: —0
.00 Monthly EFT/ACH Reject: $ --15.00 Per Item
r
Encrypted Reader License Monthly Charge Back: $ -15
Fo.00 .00 Per Item
Fee:
Vs
I'D
C'
Name of Checking Account(As it appears on check or Bank Letter):
Bank Address:
I I Phone:
Name:
Depository Routing#: IF —I Account#: F—
Your Invoice payment collections will be electronically deposited into this account
Fees Routing#: Acc6unt#:
Invoice and payment processing fees will be electronicoll deducted from this account. 41
hvoicle-Clould"
Biller Order Form
Invoice Parameters
7/5/2016
Invoicing Parameters sheet must be completed for each invoice type.
Advanced won-Submitter (Chose)
®Visa 0 MasterCard M Discover DAmex ZIEFT/ACH
NEBPP E]Cloucl Store 0 Cloud Pay 0 08D 0 IVR OKiosk
U_
Billing Frequency: Monthly Number of Bills:
r 501-000 vu
Number of Cycles: Number of Installments:
Weekly N/A
Average Invoice Amount: $58 Highest Invoice Amount—*. F, $125,000
Billing Months (please select the applicable months below):
OJan OFeb DMar DApr DMay DJun 0 Jul 0 Aug 0 Sept 00ct 0 Nov ❑0 Dec CK All
7
Z I St 10th 0 11th-20th 0 21 St–31 It
0 Biller 0 Template 0 Bill Print Vendor (please complete below)
L
- .j�!� 1 407.454.1633
ICATHEDRAL
Lori Forester
Card Readers: Ipad — QTY 7 Provided by: 0 Sales Rep 0 Operations
Per Unit Price: 15 Shipping Address:
Monthly (if different than location
Total Due: 000 address)
71
• %
ItemPaid by payer tr Item Paid by Biller(Non-Submitter)
0 Credit Card Credit Interchange,fees,dues assessments+
F [—Minimum -I..- — —
%with$ Card: Authorization + F %BP
❑ EFT/ACH: per item 0 EFT/ACH:
per item
0 Flex Pay ACH: per item 0 Flex Pay ACH: per item
E
Item Paidk" ZZ.f
Item Mid hv Biller
El Credit Card: 0 Credit Interchange,fees,dues assessments+
with$1 Minimum
"iihOU'lViSo Acceptance) Card: Authorization F0.20 + 0.42 %BP
❑ EFT/ACH: Per item EFT/ACH: 6.35 Per Item
F
• Credit Card Service Fee: $ Max Cap for Credit Cards:
• EFT/ACH: Service Fee: $ _Tff Paid by payer _70 Paid by Biller
n_
REP RMS.-NERM-NUM
El Paid by payer Service Fee + Paid by Biller 0.00 per item surcharge
' 74
IVR provided through existing provider, Invoice Cloud just acting as merchant processor
142
Biller Order Farm .�.s.o
CERTIFICATION AND AGREEMENT
A. By signing below, the Biller hereby authorizes Invoice Cloud, Inc. ("Invoice Cloud") to initiate and execute debit/credit entries to its
checking/deposit account(s) indicated above at the depository financial institution(s) named above and to debit/credit the some such
account(s) The Biller acknowledges that the origination of ACH transactions to its account(s) must comply with the provisions of U.S law
This authority is to remain in full force and effect until(i) Invoice Cloud has received written notification(by electronic or U.S mail)from the
Biller of its revocation in such time and manner as to allow Invoice Cloud a reasonable opportunity to act on it,but not less than 10 business
days notice;and (ii) all obligations of the Biller to Invoice Cloud that have arisen under this Agreement and all other agreements have
been paid in full.The Biller must also notify Invoice Cloud,in writing, (by electronic or U.S mail) when a change in account number(s) or
bank has occurred at which time this authorization shall apply to such new/changed account This notification must be received within
10 business days of change A fee will be charged for any returned ACH debits.
B. By signing below,the Biller named (1) has read,agreed to,and acknowledges receipt of the Biller Agreement,Biller T+C and other Order
Forms executed by the Biller, and (2) certifies to Invoice Cloud that he/she is authorized to sign this Order Form, (3) certifies that all
information and documents submitted in connection with this Order Form are true and complete;(4)authorizes Invoice Cloud or its agent
to verify any of the information given, including credit references, and to obtain credit reports (including a spouse if in a community
property state), (4) agrees to pay the Monthly Access Fee through the last day of the month following the effective date of termination
as provided in the Billing Agreement; (S) agrees that Biller and each transaction submitted will be bound by the Order Form and the Biller
Agreement in its entirety; (6) agrees that Biller will submit transactions only in accordance with the information in this Order Form and Biller
Agreement and will immediately inform Invoice Cloud, by email (contracts@invoicecloud.com) if any information in this Order Form
changes, and (7) the Biller agrees and understands that outstanding sums due and owing to Invoice Cloud.;will be charged daily or
monthly and debited from its current depository account Non-sufficient funds for these debits are grounds for a change in fees or
termination of this Agreement In the event of non-payment of any sums due,Invoice Cloud reserves the right to withdraw such sums from
the current depository account at any time to ensure payment of the some
C. Pay by Text,Standard data rates and text messaging rates may apply based on the payer's plan with their mobile phone carrier.Payer
can opt out of text messaging at any time with Invoice Cloud.Partial payment or overpayment is not supported.Service fees may apply
based on the biller set up with Invoice Cloud. Biller may not use the service for activities that violate any law, statute, ordinance or
regulation.
D. By signing below,the Biller hereby gives permission to Invoice Cloud to access his/her credit history via Trans Union,Equifax,or other credit-
reporting agency.
E. The Order Form and the Biller Agreement will become effective only when counter-signed by Invoice Cloud and upon execution by the
Biller of such third party agreement required by Invoice Cloud to permit use of the payment function of the Service
In WITNESS WHEREOF,the parties hereto have executed this Agreement as of this doy
Accepted by biller: Accepted by Invoice Cloud:
X.
Corporate Officer
Printed Name Printed Name
Title Title
143
Biller Agreement
1.License Grant&Restrictions.Subject to execution by Biller of the Invoice Cloud Biller Order Form incorporating this Agreement,Invoice
Cloud hereby grants Biller a non-exclusive, non-transferable, worldwide right to use the Service described on the Biller Order Form until
termination as provided herein,solely for the following purposes,and specifically to bill and receive payment from Biller's own customers,for
Services that are referenced in the Biller Order Form. All rights not expressly granted to Biller are reserved by Invoice Cloud and its licensors.
Biller will provide to Invoice Cloud all Biller Data generated for Biller's Customers. Unless otherwise expressly agreed to in writing by Invoice
Cloud to the contrary,Invoice Cloud will process all of Biller's Customers' Payment Instrument Transactions requirements related to the Biller
Data and will do so via electronic data transmission according to our formats and procedures for each electronic payment type selected in the
Biller Order Form. In addition,Biller will sign all third party applications and agreements required for the Service including without limitation
payment and credit card processing agreements and merchant agreements. For invoice types listed on the Order Form (e.g. real estate taxes,
utility bills,birth certificates,parking tickets,event tickets,etc.),Biller will not use the credit card processing,ACH or check processing of any
bank, payment processor, entity, or person, other than Invoice Cloud via electronic data transmission or the authorization or processing of
Biller's Customers' Payment Instrument Transactions for each electronic payment type selected in the Biller Order Form throughout the term
of this Agreement.Not withstanding the forgoing,biller is permitted to utilize the existing bank for auto-pay ACH transactions.
Biller shall not:(i)license,sublicense, sell,resell,transfer,assign,distribute or otherwise commercially exploit or make available to any third
party the Service in any way; (ii)modify or make derivative works based upon the Service; (iii) Recreate, "frame" or"mirror" any portion of
the Service on any other server or .wireless or Internet-based device; (iv) reverse engineer or access the Service; or(v) copy any features,
functions or graphics of the Service.
2. Privacy & Security. Invoice Cloud's privacy and security policies may be viewed at littp:H%v%v%v.iiivoicecioud.com/Drivacv.litml. invoice
Cloud reserves the right to modify its privacy and security policies in its reasonable discretion from time to time which modification shall not
materially adversely impact such policies.Invoice Cloud will maintain compliance with current required Payment Card Industry(PCI)standards
and Cardholder Information Security standards.
3.Account Information and Data.Invoice Cloud does not and will not own any Customer Data,in the course of providing the Service.Biller,
not Invoice Cloud, shall have sole responsibility for the accuracy, quality, integrity, legality, and reliability of, and obtaining the intellectual
property rights to use and process all Customer Data. In the event this A,-,reement is terminated, Invoice Cloud will make available to Biller a
file of the Customer Data within 30 days of termination of this Agreement(or at a later time if required by applicable law), if Biller so requests
at the time of termination. Invoice Cloud reserves the right to remove and/or discard Customer Data with 30 days notice except as prohibited
by applicable law or in the event of exigent circumstances which makes prior notice impracticable, and in which case,notice will be provided
promptly thereafter.
4. Confidentiality / Intellectual Property Ownership. Invoice Cloud agrees that it may be furnished with or otherwise have access to
Customer Data that the Biller's customers considers being confidential. Invoice Cloud agrees to secure and protect the Customer Data in a
manner consistent with the maintenance of Invoice Cloud's own Confidential Information,using at least as great a degree of care as it uses to
maintain the confidentiality of its own confidential information,but in no event use less than commercially reasonable measures. invoice Cloud
will not sell,transfer, publish,disclose, or otherwise make available any portion of the Customer Date to third parties, except as required to
perform the Services under this Agreement or otherwise required by applicable law.
Invoice Cloud(and its licensors,where applicable)owns all right,title and interest,including all related Intellectual Property Rights, in and to
the Invoice Cloud Technology, the Content and the Service and any enhancement requests, feedback, integration components, suggestions,
ideas, and application programming interfaces, recommendations or other information provided by Biller or any other party relating to the
Service. In the event any such intellectual property rights in the invoice Cloud Technology, the Content or the Service do not fall within the
specifically enumerated works that constitute works made for hire under applicable copyright laws or are deemed to be owned by invoice
Cloud,Biller hereby irrevocably,expressly and automatically assigns all right,title and interest worldwide in and to such intellectual property
rights to Invoice Cloud. The Invoice Cloud name, the Invoice Cloud logo,and the product names associated with the Service are trademarks
of invoice Cloud or third parties,and no right or license is granted to use them.
Biller agrees that during the course of using or gaining access to the Service (or components thereof) it may be furnished with or otherwise
have access to information that Invoice Cloud considers to be confidential including but not limited to Invoice Cloud Technology, customer
and/or prospective customer information, pricing and financial information of the parties which are hereby deemed to be Invoice Cloud
Confidential Information, or any other information by its very nature constitutes information of a type that any reasonable business person
would conclude was intended by Invoice Cloud to be treated as proprietary, confidential, or private (the "Confidential Information"). Biller
agrees to secure and protect the Confidential Information in a manner consistent with the maintenance of Invoice Cloud's rights therein,using
at least as great a degree of care as it uses to maintain the confidentiality of its own confidential information, but in no event use less than
reasonable efforts. Biller will not sell,transfer, publish,disclose,or otherwise make available any portion of the Confidential Information of
the other party to third parties(and will ensure that its employee and agents abide by the requirements hereof),except as expressly authorized
in this Agreement or otherwise required by applicable law.
Biller Agreement Rev 3.0
The complete Biller Agreement includes the Biller Order Form.the Online Terms and Conditions and this Agreement
144
i
Biller:agreement
5. Billing and Renewal. Invoice Cloud fees for the Service are provided on the Biller Order Form. Invoice Cloud's fees are exclusive of all
taxes, levies, or duties imposed by taxing authorities, Invoice Cloud may assess and/or collect such taxes, levies, or duties against Biller and
Biller shall be responsible for payment of all such taxes, levies,or duties,excluding only United States(federal or state)taxes based solely on
Invoice Cloud's income.All payment obligations are non-cancellable and all amounts or fees paid are non-refundable. Unless Invoice Cloud in
its discretion determines otherwise, all fees will be billed in U.S. dollars. If Biller believes Biller's bill or payment is incorrect, Biller must
provide written notice to Invoice Cloud within 60 days of the earlier of the invoice date,or the date of payment,with respect to the amount in
question to be eligible to receive an adjustment or credit; otherwise such bill or payment is deemed correct. Invoice Cloud reserves the right to
modify any pricing with,respect to fees owed by the Biller upon thirty days written notice to Biller based on increases incurred by Invoice
Cloud on fees,assessments,and the like from credit card processers, bank card issuers,payment associations,ACH and check processers.
6. Term and Termination. The initial term of this Agreement shall be for a period of one (1) year ("Initial Term") commencing on the
Effective Date on the Biller Order Form and will renew for each of additional successive one (1) year terms ("Renewal Term") unless
terminated as set forth herein. This Agreement may be terminated by either party effective at the end of the Initial or any Renewal Term by
such party providing written notice to the other party of its intent not to renew no less than sixty (60)days prior to the expiration of the then-
current term.Additionally,this Agreement may be terminated by either party with cause in the event of a material breach of the terms of this
Agreement by the other party and the breach remains uncured for a period of 30 days following receipt of written notice by the breaching party.
For example, any unauthorized use of the Invoice Cloud Technology or Service by Biller, or its authorized users will be deemed a material
breach of this Agreement. Upon any early termination of this Agreement by Invoice Cloud as a result of the breach,Biller shall remain liable
for all fees and charges incurred,and all periodic fees owed through the end of the calendar month following the effective date of termination.
Upon any termination or expiration of this .Agreement, Biller's password and access will be disabled and Biller will be obligated to pay the
balance due on Biller's account computed in accordance with the Charges and Payment of Fees section above.Biller agrees that Invoice Cloud
may charge such unpaid fees to Biller's Debit Account or credit card or otherwise bill Biller for such unpaid fees.
7.Invoice Cloud Responsibilities.Invoice Cloud represents and warrants that it has the legal power and authority to enter into this Agreement.
Invoice Cloud warrants that the Service will materially perform the functions that the Biller has selected on the Order Form under normal use
and circumstances and that. Invoice Cloud shall use commercially reasonable measures with respect to Customer Data to the extent that it
retains such, in the operation of the Service; provided that the Biller shall maintain immediately accessible backups of the Customer Data. In
addition, Invoice Cloud will, at its own expense, as the sole and exclusive remedy with respect to performance of the Service, correct any
Transaction Data to the extent that such errors have been caused by Invoice Cloud or by malfunctions of Invoice Cloud's processing systems.
8. Limited Warranty EXCEPT AS PROVIDED IN SECTION 7,THE SERVICES AND ALL CONTENT AND TRANSACTION DATA IS
PROVIDED WITHOUT ANY EXPRESS. OR IMPLIED WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTY OF MERCHANTABILITY. FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES ARE
HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY INVOICE CLOUD AND ITS
LICENSORS AND PAYMENT PROCESSORS INVOICE CLOUD AND ITS LICENSORS AND PAYMENT PROCESSORS DO NOT
REPRESENT OR WARRANT THAT(A)THE USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE,OR OPERATE
IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THAT THE SERVICE WILL NOT
DELAY IN PROCESSING OR PAYING, OR (C) THE SERVICE WILL MEET REQUIREMENTS WITH RESPECT TO SIZE OR
VOLUME. Invoice Cloud's service may be subject to limitations, delays,and other problems inherent in the use of the internet and electronic
communications. Invoice cloud is not responsible for any delays, delivery failures, or other damage resulting from such problems. Biller
represents and warrants that Biller has not falsely identified itself nor provided any false information to gain access to the Service and that
Biller's billing information is correct.
9. Biller's Responsibilities. Biller represents and warrants that it has the legal power and authority to enter into this Agreement. Biller is
responsible for all activity occurring tinder Biller's accounts and shall abide by all applicable laws, and regulations in connection with Biller's
and/or its customers' and a payers' use of the Service, including those related to data privacy, communications, export or import of data and
the transmission of technical,personal or other data.Biller shall-(i)notify Invoice Cloud immediately of any unauthorized use of any password
or account or any other known or suspected breach of security; (ii)report to Invoice Cloud and immediately stop any copying or distribution
of Content that is known or suspected to be unauthorized by Biller or Biller's Users;and(iii)obtain consent from Biller's customers and payers
to receive notifications and invoices from Invoice Cloud. Invoice Cloud is not responsible for any Biller postings in error due to delayed
notification from credit card processor,ACH bank and other related circumstances.
Biller is required to ensure that it maintains a fair policy with regard to the refund, return or cancellation of services and adjustment of
Transactions.Biller is also required to disclose a refund,return or cancellation policies to Invoice Cloud and any applicable payment processors
and Biller's Customers,as requested.Any change in a return/cancellation policy mast be submitted to Invoice Cloud,in writing,not less than
21 days prior to the effective date of such change If Biller allows or is required to provide a price adjustment, or cancellation of services in
connection with a Transaction previously processed, Biller will prepare and deliver to Invoice Cloud Transaction Data reflecting such
refund/adjustment within 2 days of resolution of the request resulting in such refitnd/adjustment.The amount of the refund/adjustment cannot
exceed the amount shown as the total on the original Transaction Data. Biller may not accept cash or any other*payment or consideration from
a Customer in return for preparing a refund to be deposited to the Customer's account; nor may Biller give cash/check refunds to a Customer
in connection with a Transaction previously processed,unless required by applicable lav
Biller Agreement Rev 3.0
The complete Biller Agreement includes the Biller Order Form.the Online Terms and Conditions and this Agreement
12
145
1
Biller agreement
10. Indemnification. Invoice Cloud shall indemnity and hold Biller, employees, attorneys, and agents, harmless from any losses, liabilities,
and damages(including,without limitation Biller's costs and reasonable attorneys' fees)arising out:(i)failure by Invoice Cloud to implement
commercial) re p
y reasonable measures against the theft of the Customer Data; or(ii) its total failure to deliver funds processed by Invoice Cloud
as required hereunder(which relates to payments due from Invoice Cloud for Transaction Data). This indemnification does not apply to any
claim or complaint relating to Biller's failure to resolve a payment dispute concerning debts owed to Biller or Biller's negligence or willful
misconduct or violation of any applicable agreement or law
11. Fees.
Invoice Cloud will not charge fees related to the initial setup, initial implementation and personalization of its standard Service unless a fee is
included in the Biller Order Form Invoice Cloud will charge the Biller or payer fees as provided in the Biller Order Form. In addition,Invoice
Cloud reserves the right to charge for changes to the setup, implementation or personalization performed after the completion of initial setup
or implementation and any other requested work or changes including the following services,at its then standard rates:
• new file/biller set up
• template changes
• custom reports and other custom development
• new bill printer support
• invoice file format changes resulting in revision of integration/data translation
• re-implementation of a site/system and/or new billing system
• payment file revisions
• loading pdfs and importing/loading invoices
• conversion of biller customer registrations/passwords(post initial implementation)
• balance forward of invoices
• other out of scope services
12. Limitation of Liability. INVOICE CLOUD'S AGGREGATE LIABILITY SHALL BE UP TO AND NOT EXCEED THE AMOUNTS
ACTUALLY PAID BY AND/OR DUE FROM BILLER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE
EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL INVOICE CLOUD AND/OR ITS LICENSORS BE LIABLE TO
ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEiMPLARY, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOSS OF
DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED
WITH THIS SERVICE, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS
HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.Certain states and/or jurisdictions do not allow the
exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set
forth above may not apply to Biller.
13. Export Control.The Biller agrees to comply with United States export controls administered by the U.S. Department of Commerce,the
United States Department of Treasury Office of Foreign Assets Control,and other U.S.agencies.
14. Notice. Either party may give notice by electronic mail to the other party's email address (for Biller, that address on record on the Biller
Order Form, or by written communication sent by first class mail or pre-paid post to the other party's address on record in Invoice Cloud's
account information for Biller,and for Invoice Cloud,to Invoice Cloud, Inc., 30 Braintree Hill Office Park, Suite 303, Braintree, MA 02184
Attention:Client Services. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting(if sent by
first class mail or pre-paid post)or 12 hours after sending(if sent by email).
15.Assignment.This Agreement may not be assigned by either party without the prior written approval of the other party,but may be assigned
without such party's consent to(i)a parent or subsidiary,(ii)an acquirer of assets,or(iii)a successor by merger.Any purported assignment in
violation of this section shall be void.
16.Insurance.
Invoice Cloud agrees to maintain in full force and effect daring the term of the Agreement,at its own cost,the following coverages:
a. Commercial General or Business Liability Insurance with minimum combined single limits of One Million ($1,000,000) each
occurrence and Two Million($2,000,000)general aggregate
b. Umbrella Liability Insurance with minimum combined single limits of Five Million ($5,000,000)each occurrence and Five Million
($5,000,000)general aggregate.
Biller Agreement
Rev 3.0
The complete Biller Agreement includes the Biller Order Form.the Online Terms and Conditions and this Agreement
_ 13
146
Biller.-agreement
c. Automobile Liability Insurance with minimum combined single limits for bodily injun• and property damage of not less than One
Million($1,000,000)for any one occurrence,with respect to each ofthe Invoice Cloud's owned,hired or non-owned vehicles assigned
to or used in performance of the Services.
d. Errors and Omissions Insurance(Professional Liability and Cyber Insurance) with limits of liability of at least One Million Dollars
($1,000,000)per claim and in the aggregate.
17. Immigration Laws. For Services performed within the United States, Invoice Cloud will assign only personnel who are either citizens
of the United States or legally eligible to work in the United States. Invoice Cloud represents and warrants that it has complied and will comply
with all applicable immigration laws with respect to the personnel assigned to the Biller
18. General. With respect to agreements with municipalities;localities or governmental authorities,this Agreement shall be governed by the
law of the state wherein such municipality, locality or governmental authority is established, without regard to the choice or conflicts of law
provisions of any jurisdiction. With respect to Billers who are not with municipalities, localities or governmental authorities,this Agreement
shall be governed by Massachusetts law and controlling United States federal law,without regard to the choice or conflicts of law provisions
of any jurisdiction.No text or information set forth on any other purchase order, preprinted form or document(other than an Biller Order, if
applicable)shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent
jurisdiction to be invalid or unenforceable,then such provision(s)shall be construed,as nearly as possible,to reflect the intentions of the invalid
or unenforceable provision(s),with all other provisions remaining in full force and effect.lib joint venture,partnership,employment,or agency
relationship exists between Biller and Invoice Cloud as a result of this agreement or use of the Service. The failure of either party to enforce
any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Invoice
Cloud in writing.All rights and obligations of the parties in Sections 4,6, 10, 12, 14 and 18 shall survive termination of this Agreement.This
Agreement,together with any applicable Biller Order Form,comprises the entire agreement between Biller and Invoice Cloud and supersedes
all prior or contemporaneous negotiations,discussions or agreements,whether written or oral between the parties regarding the subject matter
contained herein.Biller agrees that Invoice Cloud can disclose the fact that Biller is a paying customer and the edition of the Service that Biller
is using.
Additional terms and conditions and definitions applicable to this Agreement and the Biller Order Form are found at
%vww.invoiceclottd.coin/termsandeonditions(the"Biller T+C")and are agreed to by Invoice Cloud and the Biller.
Biller Agreement Rev 3.0
The complete Biller Agreement includes the Biller Order Form.the Online Terms and Conditions and this Agreement
a
14
147
III
CHASE
Government
Paymentech 0001;icip31 Utilities,NUMiCipai'1ies. Gc:-'f e•.�;�ci s)
Rev.GOV 11/2015
This Addendum supplements the Merchant Application And/or Agreement executed and submitted by
County of Indian River Board of Court (Merchant Legal Name - "Merchant"). As such, this Addendum shall (i)
be deemed incorporated into and a part of Merchant's Application to establish a Merchant account with
Paymentech, LLC and JPMorgan Chase Bank, N.A. and (ii) in accordance with such Merchant Application
and Agreement, constitute a part of the entire Agreement governing all Merchant accounts.
® ".f..=F� .:a �� ;r.,�'.i,.j �_.'r 3'• F�i b.».ru,E�r,-• .,='i 9:"t.•-n�.4�'. ,•j.:_?- ^':t:�:g=� •:;?� rt»:- "':
.`cx a,�,q.'t:.r�1 T:1i"r�.-`qy:�'t��:�;� .rt r. •kR:�.t?_� :r.�..� �y _ .q " Y�,
Y.. � sS-i;�..,,.- _ m. ,pY- .[f' ;tom -s r-.�5?�;:k,e:'•`S'''� _ .e*..,„'�,K °`",,;Y:'
Merchant is a Government Entity Function of Merchant.
utility
Authorized Purpose of Government Entity?
Utility
'{ `�.. �' =`121.. .fi ra�:: 3 yr {-`7', � "'x'a'. :3''iJ"i.� x o•.
ms's=, .-!s-i,Y,=b�:.' .tee: "� . `:�• ,a „Y _ _ `^3-�-':i:s: .x.S�-�"i� � y-t.e�• .. .�,�'c: ,Y�t M`ti-•�,�t .
I, the undersigned, certify- By submitting this Addendum, Merchant, through the
•that I am an officer or other authorized representative of undersigned Authorized Representative
the Merchant("Authorized Representative") and • represents and warrants that the person submitting this
•that I am duly authorized to enter into agreements on Addendum is duly authorized to enter into agreements
behalf of Merchant and to legally bind Merchant to such on behalf of Merchant and to legally bind Merchant to
agreements. such agreements
• that I am duly authorized to submit this Addendum and • represents and warrants that all information contained
all information contained herein on behalf of the within this Addendum is true, complete and not
Merchant. misleading.
Authorized Representative
X Bob Solari
Signature Print Name Date
Page 1 of 1
148
CHASE ®P Merchant Services•4 Northeastern Boulevard, Salem, NH 03079-1952 •www.chasepaymentech.com.
Phone. (603)896-6000•Fax:(603)896-8715•Merchant-Services@ChasePaymentech.com
Paymerttech -
Addendum for Application for Credit Card Processing Service
Agreement/New Division Request
Date. 7/5/16 Company ID#-
Projected Live Date. 10/5/16
-a•:r,r..:�;a,,,�y::"-kor ----mss+- --. -=• -..r^`
ON�1..,CO,MPANY/CQNTAC;T:INFORM'A_TLON>Ya : -
ON.,
Company Legal Name: Invoice Cloud, Inc
Company Taxpayer ID#: 26 3972596
Contact Name: Robert Lapides Phone# (781) 848-3733 EXT 223
Fax#: 877-256-8330 Email Address blapides@invoicecloud com
Transactions processed for this new set up request belong to:
Merchant whose company legal name is represented above...
OR
County of Indian River Board of
An Additional Company whose legal name is- County Commissioners and is a ❑ wholly-owned
❑ partially owned ® affiliate ❑ registered DBA or ❑ Other (explain ) of the merchant noted above.
On behalf of Invoice Cloud Inc
(Company Legal Name)
l Robert Lapides President, GUB Division
(Print Name) (Title)
verify that the account set-up information is accurate, that I have the authority to make such a request and
thus, it should be used to set up an additional account for our company.
z ze'b''IF.•1 yrs..C:c+:--e�X'r-. .:3. :Hs•:�,:'=i'�rs ',l. `^'a.."' i'ix:_-i;.� •,;�:- --`,' - _
. `.'2'y#;k.' ''f�-s`..zt''fi'• :_ �a.:a:Y:,E`>- �. gv'r' .v: eY: r•-r.�:••�"--nom
S,EC,TIQN12xBU_SINESSU.NITS(ifdtfferentfcomsdtvtsionoame ; p' '- = y
Parent Business Unit (up to 30 bytes) Parent Bus Unit#
Name (if applicable) (if applicable).
Business Unit Name: County of Indian River BCC (up to 30 bytes) Business Unit#:
� s='�`�"-S 'tc "y
:� !a 2 �;�."•'.y� s•:.Y<; .?=�f?' SF
SECTION 3.;;FUNDING�(if=ne.wbank/i�
MIZE
If funds should be deposited to an existing bank account please complete the fol lowing:
If USD or CAD,will funds be deposited into your existing Bank Account set up with Chase Paymentech? ❑ Yes or ❑No
If yes, Bank Account# (Section 9 does not need to be completed)
If funds should be deposited to an existing funds transfer instruction . lease complete the following:
If USD or CAD, will this division utilize an existing Funds Transfer Instruction (FTI)?[:] Yes or [:)No If no,a new FTI will be created.
If yes, provide FTI # (Section 9 does not need to be completed)
149
Rev11/18/10 1 NewDivisionSetup/cboo
CHASE CG Merchant Services•4 Northeastern Boulevard,Salem, NH 03079-1952 •www chasepaymentech.com•
Paymentech Phone (603)896-6000•Fax:(603)896-8715•Merchant—Services@ChasePaymentech.com
SEC;TION+4 :1099K<G �- _ -7;F 7
L _ W- -NTAGT"INFORTION-(W 9;re wired f,'new'US entit Y n' -
L,--e .�r, rrt., ., t ,.?....... 41q. y a d%r taxpayer ID;,INB^requirec7'for Canadian {,:
ntihes . ,-' .ate- .�.y� -' �,- -
Transaction Division's Taxpayer ID#/No 59-6000674 ~' Same as Corporate Yes ❑ No
1099K Contact Name Bob Solari 1099K Contact email address bsolari@ircgov.com
This is the contact that will receive the 1099K mailing to the address listed on the W-9 su lied onl re wired if diKerent than Cor orate
SECTIONf4a' TR-ANs - ..: . -
_ _ _ _, . - _ _ SACTIbN.DIVISION:
Division Name. Indian - - - :,.. : .•:_ »;`z- `,�t,;: :_ , ' - x
River BCC-Utility (up to 30 bytes-this will appear on your Financial Reports)'
Currency (list only 1 each per division) Presentment: US Settlement: US
"*If using our Cross Currency Product —please provide both the Presentment and the Settlement Currencies
• The following field appears on the customer's statement and identifies the merchant name for the consumer and credit card organizations.To further
aid consumer recognition,Visa has sanctioned the abbreviation of the merchant name. It must be separated from product information by an asterisk
(*),which must appear in the 4th,8th or 13th position. The asterisk cannot be used for Retail Merchants. Internet service providers,e-commerce
merchants may utilize a URL instead of Customer Service Phone if not processing any Mail-order transactions(URL must only be 13 bytes)
Cardholder Descriptor(For all card types with the exception of American Express).
C I n I t y o f I n d i I a I n R I v I r B I C C (22 bytes)
Customer Service Phone#: 7 7 2 - 2 2 6 - 1 8 45 (13 bytes)
(Required for Mail Order or Recurring)
City: (Required for Retail) (13 bytes)
URL.(optional,if phone#provided above) (13 bytes)
Division Location Address: 1801 27th Street Country: USA
(Must be a street address, PO Boxes not acceptable)
City: Vero Beach State/Prov: F L Zip Code (US): 3 2 9 6 0
(For Re City above must match City Location)
Postal Code(Intl): Postal Code (Can): (6 bytes)
(State/Province and Postal/Zip codes must match the address given above)
Product/Service Description (Enterproductdescription,i.e.clothing, U t I I I t
books,membership) y
Publication Descriptor(Please provide only if required by your submitter).
Avg. Trans. $Amt: 58 Avg #Trans./Yr: 120000 Projected Refund % 5 BPS
How do you market this product? (Check only those that apply to this division)
❑ Catalog ❑ Direct Mail E Internet ❑ Space Ad ❑TV ❑ Outbound Telemarketing ❑ Other
How will consumers provide credit card information to you when they order this product? (Select only one)
❑ Retail ❑ Mall/Phone(Marketing Material Required) E Internet(Please provide your URL). http:// www invoicecloud.com/ircgov
If internet is selected and the website is not yet available to consumers please complete a Marketing Material Supplement form which you may obtain
from Merchant Services or your account executive.
If Internet, please advise. Select one: E SSL ❑ SET ❑ No encryption method
Will the consumer be able to place their order and provide their credit card info (or electronic check info)
through this website? ® Yes ❑ No
Is the web site secure, i.e , will the information that the consumer provides, such as their name and
credit card number be encrypted so that it can't be read or intercepted by other people? ®Yes ❑No
Maximum Sale $125k
Transaction Amount: (Default$25,000 U.S dollars or established international currency equivalent per transaction)
Maximum Refund $25k
Transaction Amount: (Default$25,000 U S.dollars or established international currency equivalent per transaction)
(Approval will be required for any temporary or permanent increases to this ceiling limit)
Please check the consumer's payment option for this division. (Select only one).
®Single payment❑Installment payments ❑Deferred payments []Recurring (transactions managedbymerchant/submitter)
Rev11/18/10 2 150
NewDivisionSetup/cboo
CHASE CP Merchant Services•4 Northeastern Boulevard,Salem, NH 03079-1952 •www chasepaymentech.com•
Paymentech Phone. (603)896-6000•Fax: (603)896-8715•Merchant—Services@ChasePaymentech.com
SECTIO;Nf4: TRA NSA CTIQN.'01VI -
_ SfON .continued ={�. _..�.<. •:�_ -,: - :��. :;r`�',• ;. ,.
Please check below if applicable:
® Bill Payment(A Bill Payment transaction is a transaction for an ongoing service/billing cycle that is known and agreed upon in
advance by the merchant and cardholder i.e Membership or Insurance, etc.)
Do you stock product? ❑ Yes ® No Do you provide custom orders at time of sale? ❑ Yes ® No
Do you own the product at the time of sale? ® Yes ❑ No
Do you drop ship the product? ❑ Yes ® No If yes, what%
Are you filling your own merchandise orders? ® Yes ❑ No
If no, who is your fulfillment service bureau?
Fulfillment Contact: Phone#
;S_EC,�TIO'[VF•,5 'CH G AC'F(�CON•Ti4C=T..Y'�e uired4 �'IGI n -- =�'=�=`�`"��'�'""'u�`'"``'='"'"t"�' �7i.•- Y=�_`
's�,l•., .•;p� - 3';- y�q n - 'E't - -'�.-��"-- — %-t:_'�y�,5 ,-:'gra des-. ( a- ••�� x. tis^ �•^.-s<_ ,1s..�:i•;_.c� 'it'+•'•'
a�-i7�K.:.,.a�.�,�z�'t�-5r�-,. �:: ` Re ui�ecl forretail;anit��l 'V :F .i r-z•�.^.o:::c.:..�'r•`'.?�'•-" - _ e.;>s,/A{:..�,-c»,�`sm•.. � . Y �,�:'-.j:
•- ;,,,�,:-.��tx,4,�X�,,,`L Y,�, ,',r'.(, 4;��.':.r:�;,� „ �, sco er)rM,RQA..(Manager/supervisor..-,=<one'iyhoassignswortc to.-MR;4s
a. �--� c v•._...�.::c.-.a...5:` -?•,•i:,.-;.• _ .ar:�t� •;_7 :-=:5".. ..•.:�,, .:_��¢r��.fr,�3^- -i. ,t�,e,: � �-i �'i:'
t.�N,O.�TLE�aTh�s�'conta�t�mayYdeceiveany.exceptiondocuments tFiat;may'need�to_bemailed:or faxed_;it••notpartici titin ,m;Char eback �;�°:
�Mana ement3this;will�be�the•default:con '#' " ' -� ' ' = -�•-._- ar;Y -p�-----9 :a 9,.,,,.�,,.;--,,r�:
tact;for C6'ar eback Mailin second;contacf.will.�not `�s� ��'p=� �v. '�- �'=~- ��
Location: ❑ Merchant ® Submitter ❑ Fulfillment (check one) If Submitter/Fulfillment, Name:
❑ Mr ® Mrs ❑ Ms First Name Carolyn Last Name- Ambrose
Title. Administrative Assistant Phone#' 781-848-3733 Ext: 231
Fax#- 877-256-8330 Alternate Fax#
Email Address: Cambrose@invoicecloud com
Address. 30 Braintree Hill Office Park
City: Braintree State/Prov MA Zip/Postal Code 02184 Country: USA
Will this contact require access to Transaction History ❑ Report Center ❑ both ® ?
Account Masking for this contact? ® Yes ❑ NO
Does this contact have a Paymentech Online User ID? ❑Yes ®No If yes, provide User ID:
1+�M�e�•q'•......•.�y ...A. :,��..li�. -a-�[Ls•:•. _ _ MSN
k:CHARGEBACK CONTACT, re' aired IVIG' V .x.>= ' =` = ' ��L`', •r-'r'-k
a,. . (. q ) A=(M&Fdhant'Chhirgeback'4nalyst-:one.who w-iW-th"
,r_s° e''chargebaCk'
-�k. Yip ..>a. - ��•,. . - �a'�-z•. =
,:y •_.. -- - .. µ•�rj�.r:'.rY _dam..
"- C^_: ._'� � '{'..;N�i-',�. �. .i^y^^ii:., 4 a
Y Re wired for retail.and.Qiscover tM a�
Q -q _ _:. _ -_ _ RA, Merchant:R to v '
_ ((_. e e al:Analyst.r:one°whoworks,alie retnevalsME, - ti=�
® Same as above (check here if the MCA/MRA Contact is the same as the IQA/MRQA contact)
Location. ❑ Merchant ❑ Submitter ❑ Fulfillment (check one) If Submitter/Fulfillment, Name.
[:] Mr ❑ Mrs. Elms. First Name. Last Name-
Title. Phone#, Ext:
Fax#: Alternate Fax#-
Email Address.
Address
City- State/Prov: Zip/Postal Code- Country-
Will this contact require access to Transaction History ❑ Report Center ❑ both ❑ ?
Account Masking for this contact? ❑ Yes ❑ No
Does this contact have a Paymentech Online User ID? ❑Yes ❑No If yes, provide User ID
Rev11/18/10 3 151
NewDivisionSetup/cboo
CHASE CP Merchant Services*4 Northeastern Boulevard,Salem, NH 03079-1952 e www chasepaymentech.com•
Paymentech Phone. (603)896-6000•Fax:(603)896-8715•Merchant—Services@ChasePaymentech.com
TO `4s'SERVW&
'MOT S
S
Please indicate if you will be using any of the following additional services Please note that some of these services May
require an additional contract addendum and/or information if you currently do not have the service (Forinformation on
these services,please contact your Chase Paymentech Relationship Manager)
1. ❑Authorization Recycling
of recycle attempts. (Default is 3 if left blank) #of days between attempts. (Default is 3 if left blank)
Output Options El Total (recommended) El Standard
2 E] MC/IM SecureCode E] UKDM SecureCode
3. El Account Updater(US Only, Canada & UK Only)
[:]Submitting or EJExtracting (if extracting Indicate#of Days- (1-180 days) (if Orbital Gateway
For UK-Account Updater Visa EU Merchant ID required
x
?SEC
-0 F_-R_&Y
;Mg. T
[9 Visa MasterCard El JCB (US& Yen only) El UK Maestro/SwitchSO10 (UK domicile and GBR currency only)
(As a default Discover will be set up except for those merchants that are retained by Discover, or do not have a company location address in the United
States. As a default Discover Diners added whenever Visa and MC are added.)
[] Discover Canada (CAD only) ❑ Discover Diners Canada (CAD only)
E] Private Label vendor*
Private Label attributes Please supply attributes for Private Label Vendor
(Please work with your Vendor to obtain these attributes—for example—HRS Household—Please provide Credit Plan#)
E] Discover(conveyed only)(US only) SE# 1 I I I I 1 1 (15 bytes)
El American Express(conveyed) SE# I I FFI (10 bytes)
As a rule. (US SE should begin with"1-8", International SE should begin with a"9", Canadian SE should begin with a"93", Intemational SE valid on some
cross currency divisions dependent on presentment currency)
AMEX Parameter Information
Cardholder Descriptor, (Appears on your American Express cardholder statement)(All other card types use descriptor in Section 4)
(20 bytes)
TAA#1. (22 bytes) TAA#2 (22 bytes)
TAA#3' (22 bytes) TAA#4 (22 bytes)
Do you support American Express Partial Auths?
American Express - Yes M No D
For American Express Only, if yes— please select the following applicable option
Auth and Balance Return [j Partial Auth [-] Both D
How have you been classified as a merchant by American Express?- (please select one)
I Aggregator [] Petroleum E] or Neither Ej
DD Electronic Check Processing Parameter (US and Canadian only)
Company Name- I n d i a n R i v I e I r B I C C (16 bytes)
Item Description U t i I i t Y (10 bytes)
Preferred Delivery Method (select Only one)
Z Best Possible (US only) 0 Facsimile Draft (US only) El ACH/EFT (US& Canada)
Redeposit Parameter? El Yes E No Indicate#of Days. 0 The default is"1"
How do you obtain authorization from consumers? (Select only one) D Written consent E) Telephone [D Internet
ECP Maximum Sale (If blank,these amounts will default to match the Bank Card Transaction Amounts. Enter an amount
Transaction Amount: here only if the Maximum Sale and Refund amounts for ECP should be different than Bank Card)
ECP Maximum Refund (if blank,these amounts will default to match the Bank Card Transaction Amounts. Enter an amount
Transaction Amount: here only if the Maximum Sale and Refund amounts for ECP should be different than Bank Card)
(Approval will be required for any temporary or permanent increases to this ceiling limit)
Rev 11/18/10 4 NewDivisionSetup/cboo 152
CHASE CP Merchant Services-4 Northeastern Boulevard,Salem,NH 03079-1952 *www.chasepaymentech.com•
Paymentech Phone. (603)896-6000 9 Fax:(603)896-8715 Merchant—Services@ChasePaymentech.com
F] PINIess Debit (Not applicable for retail merchants)
Please select the network vendors that you have approval from, NYCE ❑ STAR ❑ Pulse ❑ Accel ❑
❑ PIN Based Debit (Applicable to retail merchants only)
PIN BASED DEBIT Requires a PIN Pad — please complete section 8, item #4, entitled "Will you be using a
Point-of-Sale terminal (US and Canada only) or Point-of-Sale software?"
If checked above, this division will be setup for the following network vendors with the exception of EBT
(Pulse, NYCE, STAR, Interlink, Maestro, ACCEL, Alaska Options, Jeanie, AFFN, CU24)
EBT required Yes 0 or No 0 ? FCS#required if processing food stamp transactions
Ej Gift Card (U S. only)
El Bill Me Later®payment option (US only)
F-1 European Direct Debit
For EURO only:(valid only for Euro currency divisions)
Descriptor I I I I I I I I I I I I I I I I I (16 bytes)
Default will be the first 16 characters of your Cardholder Descriptor unless otherwise noted
Please select country(s) in which you will offer Direct Debit.-
AT(Austria) 0 BE(Belgium) ❑ DE(Germany) ❑ NL (Netherlands) ❑ FR(France) El
For GBP only:(valid only for GBP currency divisions)
Descriptor I I I I I I 1 1 (7 bytes)
Default will be the first 7 characters of your Cardholder Descriptor unless otherwise noted
Country- UK R
Redeposit Parameter? E] No D Yes Indicate#of days The default is"'I"
❑ PayPal (valid for US currency only)
Payer Email Address
(32 character limit)(must be a unique email address belonging to the merchants business and must be working at the time of account creation.
Note:No two accounts or divisions can share the same Payer email address.)
Customer Service Email Address-
(127 character limit)
Primary Contact Name. Phone. Email.
Descriptor * I P I A I Y I P I A I L I * I I I I I I I I I I I (18 bytes)
Business Name. Customer Service Phone# (Optional)
(75 character limit and must not contain the following characters&,<,and>)
Sales Venue: El eBay El Other Marketplace ❑ My own Website(include http-) ❑ Other
Avg.Transaction Price. $ Avg TransNr- Percent of Annual revenue from online sales: %
Authentication Method. the method by which you(the merchant)will authenticate your customer with PayPal—you must choose only one)
PayPal Direct El Cardinal Commerce Centinel [:] (if Cardinal Commerce is involved,please complete the following)-
Are you using Ecometry or CommercialWare Software to facilitate your Paypal Integration? Yes [:1 No []
Time Zone(based on merchant's location) SSL Security- (check one) HTTP D or HTTPS F1
Tech Contact Name Phone Email Address
Rev11/18/10 5 NewDivisionSetup/cboo 153
CHASECP Merchant Services 9 4 Northeastern Boulevard, Salem,NH 03079-1952 e www chasepaymentech.com
Paymentech Phone.(603)896-6000•Fax: (603)896-8715•Merchant—Services@ChasePaymentech.com
P. �-M E
N'G' '_
Z
Q
Who will be submitting transactions to Chase Paymentech?
Z Merchant [] Other Co Name Invoice cloud (i.e fulfillment co.or ECommerce provider)
If known, please provide the Presenter ID # (PID) or Submitter# (SLI)
F1 1. Will you be submitting transactions from a computer system?
What is the name of the manufacturer and model of your computer platform?
What is the name of the manufacturer and model of your modem? 0 internal 0 Exte"mal
Will you be coding to Chase Paymentech specifications? E] Yes Z No
Will you use NetConnect Batch for Connectivity? E] Yes Z No
Will you use NetConnect for connectivity for online authorization only? El Yes Z No
If yes, NetConnect Contact Name Email:
Userld (if existing)- Phone
If applicable, name the software vendor and application you will be using to format your files.
2. Will you be using the Orbital Payment Gateway? *If this is the first division using the Orbital Payment Gateway,please contact
your Relationship Manager
Primary Contact** Tony Cordova UserlD (if existing)
Address* 642 E Washington St.
City: Brownsville State TX Zip/Postal Code 78520 Country* USA
Phone: 956-542-6825 Email (required) tcordova@invoicecloud corn
*Primary contact must be the merchant contact for security needs.
Auto-Settle Time none El AM or 0 PM To meet 10 ET Host window, this should be set no later than 8pm
to allow Gateway to settle.
Merchant Time Zone. NA Note The Auto-Settle time is based in the merchant time zone. (US time zones only)
Profile Management required? E]Yes or®No Level of access- Ej Merchant or [:] Chain (select one, default is Merchant)
VT Import Functionality? 0 Yes Z No
Auth Recycling? Ej Yes Z No #of Recycle Attempts: (Default is 3) #of Days between attempts
F1 3. Will you be using: [—) Paypal/Verisign El CyberSource
F1 4.Will you be using the iTerminal? (retail divisions only)
Primary Contact*: UserlD (if existing)
Address-
City- State Zip/Postal Code: Country:
Phone, Email (required)
*Primary contact must be the merchant contact for security needs.
To meet 10 ET Host window, this should be set no later than 8prn to allow Gateway to
Auto-Settle Time E] AM or El PM settle.
Merchant Time Zone Note.The Auto-Settle time is based in the merchant time zone. (US time zones only)
Magtek Reader Needed? E]Yes E]No If Debit, PinPad Needed? E]Yes EjNo If Yes, NBS71 OOF] or Verifone SC5000F]
(If Yes, Magtek Readers are purchase only) iTerminal is only certified to utilize the above PinPads and are purchase only)
6
Revi 1/18/10 New Division/cboo 154
CHASECP ' Merchant Services•4 Northeastern Boulevard, Salem,NH 03079-1952 •www chasepaymentech.com•
Paymentech Phone, (603)896-6000•Fax: (603)896-8715•Merchant_Services@ChasePaymentech.com
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❑ 5. Will you be using a Point-of-sale terminal (US & Canada only) or Point-of-Sale software?
Point of Sales Software:
POS/Software Name Host Capture ❑ Terminal Capture ❑
Connectivity, Dial ❑ NetConnect ❑ (If NetConnect see requirements below)
If NetConnect: Where is your software hosted/configured? Corporate location❑ or Division location❑
NetConnect Contact Name* Email address
Userld if existing Phone
PIN Pad Type and quantity?(for P/N BASE DEBIT Only) Quantity,
Is PIN Pad Existing ❑ or PIN Pad Purchase Needed❑
Injection—Will you be using the Chase Paymentech Encryption Key❑ or you do own your own Encryption Key? ❑
Who will be injecting the Encryption Key into your PIN Pad? Please select one below
❑ Chase Paymentech Solutions ❑ Other Vendor Name
Equipment/Terminals:
Will you ❑ Purchase? ❑ Rent? (US Only) If purchase or rent, date needed by:
❑ Use existing equipment? ❑ Yes ❑ No Terminal quantity? Printer quantity?
Terminal/Equipment Type: Printer Type.
Host Capture ❑ Terminal Capture ❑
Connectivity, Dial ❑ NetConnect ❑ Wireless ❑ (If NetConnect see requirement below)
NetConnect Contact Name Email address.
Userld if existing Phone.
PIN Pad Type and quantity? (for PIN BASE DEBIT Only) Quantity:
Is PIN Pad Existing ❑ or PIN Pad Purchase Needed❑
Injection-Will you be using the Chase Paymentech Encryption Key ❑ or you do own your own Encryption Key? ❑
Who will be injecting the Encryption Key into your PIN Pad? Please select one below-
[] Chase Paymentech Solutions ❑ Other Vendor Name,
Store Phone#- Terminal Line Phone #- Dial Out Prefix (9,8,5).
Customer Service Phone# (if different then Store Phone#)
Equipment/Kits/Imprinters Ship To Address (if different than store Attention to
location)Please ensure a contact will be available to accept shipment:
Street Address: Default will be Store Manager
City- State/Prov Zip/Postal Code Country-
Ship to contact's phone#: Ship to contact's email:
Store Opening Date Special Requirements
Do you require a "re-program" kit? (overlay, quick reference guide, etc.) Yes❑ No❑
Do you require an Imprinter? ❑Yes ❑No Type of Imprinter required: With Dater ❑ or Without Dater❑
Do you require an Imprinter Plate? ❑Yes ❑No
Do you require a Welcome Kit? (this includes sales drafts, credit drafts, etc) Yes❑ Nor-1
155
Rev11/18/10 New Division/cboo
CHASECP Merchant Services*4 Northeastern Boulevard, Salem, NH 03079-1952 *www chasepaymentech.com
Paymentech Phone (603)896-6000*Fax:(603)896-8715- Merchant—Services@ChasePaymentech.com
Note: When setting up multi le bank accounts, please co�ll p/ete a separate form for each.
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Option#4 ❑ USD I nt'l C1 to C3, D1, D3, D4, E
(list country funds are being deposited in
Option#5 El E)Euro, E:IGBP, El JPY, OAUD, [:1 Euro Bank or SAME as C1 and/or C2, C3, E
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Z ACH Transfer
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El Wire Transfer (See Note) (Fedwire#lRouting#)
❑ Swift Transfer (See Note)
IT Code.(8 to 11 bytes)
Please Note: Swift code is required if your division is located outside of the US or Canada and is settling funds in USD
Wire transfer requires both ACH ABA#and Fedwire#lRouting#.
Special Wire Instructions: (60 bytes) I
Bank Account#- Company Name. (As appears on Bank Account)
Financial Institution Name
City: State Zip/Postal Code Country: United States
Checking OR 0 Savings
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Bi Institution Number,
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B2 Swift Code (8 to 11 bytes) _ (required if settlement is USD)
B3 Bank Account# Company Name (As appears on Bank Account)
Financial Institution Name.
City- Province Postal Code. Country- Canada
[:] Checking OR El Savings
Rev1 1/18/10 8 New Division/cboo 156
CHASEMerchant Services 9 4 Northeastern Boulevard,Salem, NH 03079-1952 9 www chasepaymentech.com
•
Paymentech Phone (603)896-6000•Fax: (603)896-8715•Merchant-Services@ChasePaymentech.com
T
Account Where Your Funds are Deposited
C1 Swift Code (8 to 11 bytes)
C2 Sort Code: (Required in Great Britain Only)
C3 IBAN/Bank Account#
Company Name (As appears on Bank account)
Financial Institution Name
City State/Province Postal Code. Country-
Special Wire Instructions. (60 bytes)
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D2 Sort Code (Required in Great Britain Only)
D3 I Wire Transfer (USA Only) (Routing#)
D4 Financial Institution Name
City- State/Province: Postal Code/Zip- Country-
Special Wire Instructions. (60 bytes)
..........
-On behalf of County of Indian River Board of County 1, Bob Solari
Commissioners represent and warrant
(Merchant Legal Name) (Print Name)
that I have the authority to add banking information and I verify that the above banking information is accurate and should be used to
transfer funds accordingly."
Board of County
Commissioners
Authorized Signature* Title Date
(*Must be signed by Executive or Financial Contact)
Note:In order to process this request, please attach an original voided check(starter check or bank
statements not applicable) or a bank letter of verification.
----------------------------------------------------------------------------------------------------------------------
A TTA CH VOIDED CHECK HERE
------------------------------------------- --------------------------------------------------------------------------
Revl 1/18/10 9 New Division/cboo 157
CHASE CV.
Merchant Services*4 Northeastern Boulevard, Salem,NH 03079-1952 *www chasepaymentech.com
•
Pallmen't e—ch Phone (603)896-6000*Fax: (603)896-8715*Merchant Services@ChasePaymentech.com
SECTION -PE
ACESS- C0
1. Please be sure to include the information below for additional contact that requires access to Transaction
History and/or Paymentech Online Report Center.
2. Report delivery will be web based via Paymentech Online
3. Please note You, the merchant, are responsible for advising Chase Paymentech of changes in Paymentech
Online contacts Chase Paymentech assumes no responsibility or liability of any kind for Merchant's failure to
— advise Chase Paymentech of changes to or elimination of Paymentech Online Users
Please be sure to complete all fields below
Salutation Check one 0 Mr [:3 Ms F] Mrs.
Name Robert Lapides Title President, GUB Division
Phone#: 781-848-3733 Fax#- 877-256-8330
Address. 30 Braintree Hill Office Park, Suite 303
City- Braintree State/Prov, MA Zi /Postal Code 02184 Country: USA
Email Address (40 bytes) blapides@invoicecloud com
(usemame@domain.com)
Does this contact have a Paymentech Online User ID? E] Yes 0 No If yes, please provide User ID:
Does this User require access to El Reporting El Transaction History E Both Account Masking Z Yes—EINo
For existing merchants–Is this User replacing an individual with Paymentech Online Access? El Yes Ej No
If yes, who? Has this individual left the company? El Yes 0 No
For existing merchants–Is this User's access to be mirrored like another User Paymentech Online Access?
El Yes n No
If yes, who?
Salutation: Check one El Mr. N Ms 0 Mrs.
Name. Deborah Bowler Title VP of Operations
Phone#- 781-848-3733 Fax#- 877-256-8330
Address- 30 Braintree Hill Office Park, Suite 303
City* Braintree State/Prov, MA Zi /Postal Code 02184 Country- USA
Email Address (40 bytes) dbowler@invoicecloud.com
(usememe@domain.com)
Does this contact have a Paymentech Online User ID? Ej Yes El No If yes, please provide User ID:
Does this User require access to- El Reporting [I Transaction History Z Both Account Masking N Yes ❑ No
For existing merchants– Is this User replacing an individual with Paymentech Online Access? El Yes E] No
If yes, who? Has this individual left the company? 0 Yes Ej No
For existing merchants– Is this User's access to be mirrored like another User Paymentech Online Access?
El Yes n No
If yes, who?
1, Robert Lapides President, Government, Utilities verify that the
and Business Services Division
(Print Name) —(Title)'
contact information is accurate, that I have the authority to make such a request and thus it should be used to grant
access for these contacts to access Transaction History and/or the Report Center
ttj re'-:
*(must be signed by Executive or Financial Contact)
10 158
Rev1 1/18/10 New Division/cboo
14221 Dallas Parkway,Dallas,Texas 75254 •4 Northeastern Blvd,Salem,NH 03079-1952
"'13 Paymente ch", Sales Phone(603)896-8324 • Sales Fax(603)896-8701
CHASE
4• www.chasepaymentech.com
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COMPANY LEGAL NAME: County of Indian River-Board of County Commissioners ` ^TAXPAYER ID 59-6000674
REGISTERED TRADE
NAME YEAR BUSINESS STARTED+19
25
PHYSICAL STREET ADDRESS:
(NO PO BOX OR PAID MAIL BOX) IF180127th Street
CITY Vero Beach STATE FL ZIP CODE 32960
PRIMARY CONTACT Bob Solari TELEPHONE# (772)226-1845
TYPE OF ENTITY
❑INDIVIDUAL/SOLE PROPRIETOR []PARTNERSHIP ❑CORPORATION ®GOVERNMENT
❑LLC• •IF LLC,TAXED AS: ❑DISREGARDED ENTITY []CORPORATION []PARTNERSHIP
TYPE OF OWNERSHIP:
❑PUBLIC ❑PRIVATE ❑NON PROFIT ❑SUBSIDIARY OF PUBLIC COMPANY ®OTHER: County Government
STATE OF FORMATION FL DATE OF FORMATION(MM/DD/YYYY) 1/1/1925 11
TRADING SYMBOL FISCAL YEAR END(MM/DD/YYYY)
HAS MERCHAN EVER FILED BANKRUPTCY? IF YES,WHAT CHAPTER? FILING DATE:
❑YES NO EMERGENCE DATE:
e e o i � � •e o 0 e e _
� e, 'e- ,, •e •s � •e a-e e' .
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SOCIAL SECURITY BIRTHDATE
NAME OR
OR
TAX ID NUMBER DATE OF INCORPORATION
STREET ADDRESS TELEPHONE NUMBER
CITY STATE ZIP CODE
SIGNATURE PERCENT OWNERSHIP
SOCIAL SECURITY BIRTHDATE
NAME OR
OR
TAX ID NUMBER DATE OF INCORPORATION
STREET ADDRESS TELEPHONE NUMBER
CITY STATE ZIP CODE11
SIGNATURE1 11 PERCENT OWNERSHIP
DO YOU HAVE ANY ADDITIONAL OWNERS(NOT LISTED ABOVE)THAT HAVE 10%OR GREATER OWNERSHIP,EITHER DIRECTLY OR INDIRECTLY?
❑YES OWNER ADDENDUM REQUIRED(SALES REPRESENTATIVE WILL PROVIDE) §4NO
- - - - - ------------- - - - - -
- ------------------- ------------ --- -- --- - -------- --------- --- _
NOTE: IF AN ENTITY/PARENT COMPANY IS LISTED IN SECTION 2 ABOVE THAT HAS 10% OR GREATER OWNERSHIP OF THE APPLICANT, IDENTIFY ANY OWNERS
(INDIVIDUALS AND/OR ENTITIES)OF THE ENTITY/PARENT COMPANY THAT ULTIMATELY HAVE 109e.OR GREATER OWNERSHIP IN THE APPLICANT ON THE ADDITIONAL
OWNER/OFFICER ADDENDUM(SALES REPRESENTATIVE WILL PROVIDE)
Rev 11/15
Page 1 of 2 Paymentech Contract No.063576
159
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COMPANY PRESIDENT: Bob Solari(Board of County Commissioners)
(RESIDENTIAL ADDRESS IS PREFERRED,BUT IF NOT AVAILABLE BUSINESS ADDRESS IS ACCEPTABLE)
STREET ADDRESS 1801 27th Street
CITY Vero Beach STATE FL ZIP CODE 32960
COMPANY CFO: IF
(RESIDENTIAL ADDRESS IS PREFERRED,BUT IF NOT AVAILABLE BUSINESS ADDRESS IS ACCEPTABLE)
STREET ADDRESS
CITY STATE ZIP CODE
FE]OS
THERE ANYONE NOT LISTED ABOVE WHO HAS THE AUTHORITY TO MAKE FINANCIAL DECISIONS OR CONTROL COMPANY POLICY ON BEHALF OF YOUR BUSINESS?
YESOWNER ADDENDUM REQUIRED(SALES REPRESENTATIVE WILL PROVIDE)IS
f�''-,..�f� �S'<. .,. 4` '-'� o a` lk" �: - -'r �r_'``I�, �+ `+- v 7a' a'•s:
ter. o � • • o • o �: o _ o � e �; Y�.� •;�-��a ";:��r��-�„`w= �'�,�,
' '' - � ---. '.`' -_ `' _ `-T+- =• '�.. .a .s:. •` r..Itdc:�:�..sr.;.. a+�a��,".`s�.-.t:s`_N:6;.�r_w v..t�ba..b?-?�':�'�:.�-L3.z2.aL''•���� �Ck+T�S
AUTHORIZED ADMINISTRATOR FOR PURPOSES OF ACCOUNT BOARDING AND IMPLEMENTATION MEANS AN OWNER,PARTNER,OFFICER,EMPLOYEE OR OTHER AGENT
OF THE MERCHANT THAT HAS BEEN APPOINTED BY AN EXECUTIVE OF MERCHANT AND WHO IS DULLY AUTHORIZED TO PROVIDE INFORMATION AND EXECUTE
DOCUMENTATION ON BEHALF OF AND RELATED TO MERCHANT IN ORDER TO FACILITATE THE INITIAL SET UP OF MERCHANTS'S ACCOUNT WITH CHASE PAYMENTECH.
PER CHASE PAYMENTECH POLICY,AUTHORIZED ADMINISTRATORS ARE NOT PERMITTED TO MODIFY THE MERCHANT'S ACCOUNT WITH CHASE PAYMENTECH AFTER
COMPLETION OF THE INITIAL SET UP OF MERCHANTS'S ACCOUNT. SUCH CHANGES MUST BE MADE,BY AN EXECUTIVE OR FINANCIAL CONTACT,AS APPLICABLE AND AS
THOSE ROLES ARE DEFINED BY MERCHANT.
NAME(please print) Bob Solari TITLE(please print) Board of County Commissioners
TELEPHONE NUMBER 772-226-1440 EMAIL ADDRESS: bsolari@ircgov.com
SIGNATURE DATE:
1,the undersigned,being an officer/principal of represent and warrant that the statements made on this document are correct and factual. JPMorgan Chase
Bank, N.A ("Member") and Paymentech, LLC ("Paymentech" or "Chase Paymentech") are authorized to conduct any necessary investigation, including without
limitation,authorization for a bank to release standard banking information.
(Photocopy of signature below is valid for the release of information and will remain valid until the termination or expiration of the Merchant Agreement)
NAME(please print) Bob Solari TITLE(please print) 11 Board of County Commissioners
SIGNATURE -11 DATE IF
(IF THE SIGNER HAS NOT ALREADY PROVIDED IT ABOVE,A RESIDENTIAL ADDRESS IS PREFERRED, IF AVAILABLE(NO PO BOX OR PAID MAILBOX). IF NOT AVAILABLE
BUSINESS ADDRESS IS ACCEPTABLE.
-------------------------------------------------------------------------------------------------
STREETADDRESS 180127th Street
CITY Vero Beach STATE FL ZIP CODE 32960
R`�-
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SUBMITTER NAME Invoice Cloud,Inc.
*Note: Each Merchant is required to submit a W9 with this application, regardless if Paymentech will be utilizing the Submitter's TIN for IRS
reporting purposes.
Rev 11/15
Page 2 of 2 Paymentech Contract No.063576
160
CHASE a ,.
Paymentech
SUBAHTTER MERCHANT
PAYMENT PROCESSING INSTRUCTIONS AND GUIDELINES
Paymentech, LLC ("Paymentech" or "we", "us" or "our" and the like), for itself and on behalf of JPMorgan Chase Bank, N.A.
("Member"), is very excited about the opportunity to join Invoice Cloud, Inc. in providing you with state-of-the-art payment
processing services. When your Customers pay you through Invoice Cloud, Inc., you may be the recipient of a Card funded payment.
The organizations that operate these Card systems (such as Visa U.S.A., Inc. and MasterCard International Incorporated; collectively,
the "Payment Brands") require that you (i) enter into a direct contractual relationship with an entity that is a member of the Payment
Brand and(ii)agree to comply with Payment Brand Rules as they pertain to applicable Card Transaction you submit through Invoice
Cloud, Inc.. You are also required to fill out an Application with Paymentech. The Application provides Paymentech with
information relative to your processing practices and expectations.
By executing this document, you are fulfilling the Payment Brand Rule of entering into a direct contractual relationship with a
member,and you are agreeing to comply with Payment Brand Rules as they pertain to Transactions you submit for processing through
the Invoice Cloud, Inc. service. We understand and acknowledge that you have contracted with Invoice Cloud, Inc. to obtain Card
processing services on your behalf and that Invoice Cloud, Inc. may have agreed to be responsible for your obligations to us for such
Transactions and as set forth in these guidelines.
The following information is designed to inform and assist you as we begin our relationship.
1. Your Acceptance of Cards
• You agree to comply with all Payment Brand Rules, as may be applicable to you and in effect from time to time You understand
that we may be required to modify these instructions and guidelines in order to comply with requirements imposed by the
Payment Brands.
• In offering payment options to your customers, you may elect any one of the following options. These acceptance options above
apply only to domestic transactions:
(1) Accept al/types of Visa and MasterCard cards, including consumer credit and debit/check cards, and commercial credit and
debit/check cards;
(2) Accept only Visa and MasterCard credit cards and commercial cards (If you select this option, you must accept all consumer
credit cards(but not consumer debit/check cards)and all commercial card products, including business debit/check cards);or
(3) Accept only Visa and MasterCard consumer debit/check cards (If you select this option, you must accept all consumer
debit/check card products(but not business debit/check cards)and refuse to accept any kind of credit cards).
• If you choose to limit the types of Visa and MasterCard cards you accept, you must display appropriate signage to indicate
acceptance of the limited acceptance category you have selected(that is, accept only debit/check card products or only credit and
commercial products).
• For recurring transactions, you must obtain a written request or similar authentication from your Customer for the goods and/o'r
services to be charged to the Customer's Card, specifying the frequency of the recurring charge and the duration of time during
which such charges may be made.
2. Settlement
• Upon our receipt of your Transactions, we will process your Transactions to facilitate the funds transfer between the various
Payment Brands, you and Invoice Cloud, Inc.. Unless otherwise agreed to by the parties, after we receive credit for such
Transactions, we will provide provisional credit to one or more of the Bank Account(s) you designate herein under the "Funding
Schedule"section.
• You must not submit Transactions for payment until the goods are delivered, shipped, or the services are performed. If a
Customer disputes being charged for merchandise or services before receiving them,the result may be a Chargeback to you.
3. Chareebacks
• You may receive a Chargeback for a number of reasons. The following are some of the most common reasons for Chargebacks,
but in no way is this meant to be an exhaustive list of all Chargeback reasons-
(1) You do not issue a refund to a Customer upon the return or non-delivery of goods or services;
(2) An authorization/approval code was required and not obtained,
INTERNAL PAYMENTECH USE Rev 01/14
Merchant Name:County of Indian River-Board of County Commissioners Page 1 of 3 Pavmentech Contract No 063576
161
(3) The Transaction was fraudulent;
(4) The Customer disputes the Card sale or the signature on the sale documentation, or claims that the sale is subject to a set-off,
defense or counterclaim; or
(5) The Customer refuses to make payment for a Card sale because in the Customer's good faith opinion, a claim or complaint
has not been resolved, or has been resolved by you but in an unsatisfactory manner.
4. Data Security and PrivacP
• By signing below, you represent to us that you do not have access to any Card Information (such as the Customer's primary
account number, expiration date, security code or personal identification number) and you will not request access to such Card
Information from Invoice Cloud, Inc.. In the event that you do happen to receive Card Information in connection with the
processing services provided by Invoice Cloud, Inc. or Paymentech under these guidelines, you agree that you will not use it for
any fraudulent purpose or in violation of any Payment Brands or applicable law and you will comply with all applicable Payment
Brand Rules and Security Standards. If at any time you believe that Card Information has been compromised, you must notify us
promptly and assist in providing notification to the proper parties. You must ensure your compliance with all Security Standards
that are applicable to you and which may be published fi-om time to time by the Payment Brands. if any Payment Brand requires
an audit of you due to a data security compromise event or suspected event,you agree to cooperate with such audit. You may not
use any Card Information other than for the sole purpose of completing the Transaction authorized by the Customer for which the
information was provided to you, or as specifically allowed by Payment Brand Rules, or required by law. In the event of your
failure, including bankruptcy, insolvency or other suspension of business operations, you shall not sell, transfer or disclose any
materials that contain Transaction information or Card Information to third parties.
S. Funding Schedule
• In order to receive funds from Paymentech, you must maintain one or more bank account(s) at a bank that is a member of the
Automated Clearing House ("ACH") system and the Federal Reserve wire system (the "Bank Account"). You must designate at
least one Bank Account for the deposit and settlement of funds and the debit of any fees and costs associated with Paymentech's
processing of the Transactions (all such designated Bank Accounts shall be collectively referred to herein as the "Settlement
Account"). You authorize Paymentech to initiate electronic credit and debit entries and adjustments to your Settlement Account
in accordance with this Section 5 We will not be liable for any delays in receipt of funds or errors in Settlement Account entries
caused by third parties, including but not limited to delays or errors by the Payment Brands or your bank.
• Unless otherwise agreed to by the parties, the proceeds payable to the Settlement Account shall be equal to the amounts received
by us in respect of your Card transactions less all Chargebacks, Customer refunds and other applicable charges. Such amounts
will be paid into the Settlement Account promptly following our receipt of the funds. If the proceeds payable to the Settlement
Account do not represent sufficient credits, or the Settlement Account does not have a sufficient balance to pay amounts due from
you under these guidelines, we may pursue one or more of the following options. (i) demand and receive immediate payment for
such amounts, (ii) debit a Bank Account for the amount of the negative balance; (iii) withhold settlement payments to the
Settlement Account until all amounts are paid, (iv) delay presentation of refunds until a payment is made to us of a sufficient
amount to cover the negative balance; and (v) pursue any remedies we may have at law or in equity.
• Unless and until we receive written instructions from you to the contrary, all amounts payable by Paymentech to you will be
deposited in the Settlement Account designated and authorized by you as set forth below:
Name of Bank:
ABA No.:
Account No
Account Name:
Reference:
INTERNAL PAYMENTECH USE Rev 01/14
Merchant Name:County of Indian River-Board of County Commissioners Page 2 of 3 Pa vmentech Contract No.063576
162
6. Definitions
"Application" is a statement of your financial condition, a description of the characteristics of your business or organization, and
related information you have previously or concurrently submitted to tis, including credit and financial information.
"Caril" is an account, or evidence of an account, authorized and established between a Customer and a Payment Brand, or
representatives or members of a Payment Brand that you accept from Customers as payment for a good or service. Payment
Instruments include, but are not limited to, credit and debit cards, stored value cards, loyalty cards, electronic gift cards, authorized
account or access numbers,paper certificates and credit accounts-
"Chargeback"is a reversal of a Transaction you previously presented to Paymentech pursuant to Payment Brand Rules.
"Custonter"is the person or entity to whom a Card is issued or who is otherwise authorized to use a Payment Instrument.
"Afentber" is JPMorgan Chase Bank, N.A. or other entity providing sponsorship to Paymentech as required by all applicable Payment
Brand. Your acceptance of Payment Brand products is extended by the Member.
"Payment Brand" is any payment method provider whose payment method is accepted by Paymentech for processing, including, but
not limited to, Visa, U.S.A., Inc., MasterCard International, Inc., Discover Financial Services, LLC and other credit and debit card
providers, debit network providers, gift card and other stored value and loyalty program providers. Payment Brand also includes the
Payment Card Industry Security Standards Council
"Payment Brand Rules"are the bylaws, rules,and regulations,as they exist from time to time,of the Payment Brands.
"Card Information" is information related to a Customer or the Customer's Card, that is obtained by you or Invoice Cloud, Inc. from
the Customer's Card, or from the Customer in connection with his or her use of a Card (for example a security code, a PIN number,or
the customer's zip code when provided as part of an address verification system). Without limiting the foregoing, such information
may include a the Card account number and expiration date, the Customer's name or date of birth, PIN data, security code data(such
as CVV2 and CVC2) and any data read, scanned, imprinted, or otherwise obtained from the Payment Instrument, whether printed
thereon, or magnetically, electronically or otherwise stored thereon.
"Paymentech", "we", "our",and "us" is Paymentech, LLC,a Delaware limited liability company, having its principal office at 14221
Dallas Parkway, Dallas,Texas 75254.
"Security Standards" are all rules, regulations, standards or guidelines adopted or required by the Payment Brands or the Payment
'Card Industry Security Standards Council relating to privacy, data security and the safeguarding, disclosure and handling of Payment
Instrument Information, including but not limited to the Payment Card Industry Data Security Standards ("PCI DSS"), Visa's
Cardholder Information Security Program ("CISP"), Discover's Information Security & Compliance Program, American Express's
Data Security Operating Policy, MasterCard's Site Data Protection Program ("SDP"), Visa's Payment Application Best Practices
("PABP"), the Payment Card Industry's Payment Application Data Security Standard ("PA DSS"), MasterCard's POS Terminal
Security program and the Payment Card Industry PIN Entry Device Standard, in each case as they may be amended from time to
time.
"Transaction" is a transaction conducted between a Customer and you utilizing a Card in which consideration is exchanged between
the Customer and you.
Please acknowledge your receipt of these instructions and guidelines and your agreement to comply therewith.
Agreed and Accepted by: Agreed and Accepted by:
County of Indian River-Board of County Commissioners PAYMENTECH, LLC for itself and on behalf of
MERCHANT LEGAL NAME(Print or Type) JPMORGAN CHASE BANK,N.A.
1801 2711 St., Vero Beach. FL 32960
Address(Print or Type) By:
By(authorized signature) Print Name: David Miller
By,Name,Title(Print or Type) Title: Vice President,Credit Operations
Date Date:
Address: 4 Northeastern Boulevard; Salem NH 03079
INTERNAL PAYMENTECH USE Rev 01/14
Merchant Name:Count),of Indian River-Board of County Commissioners Page 3 of 3 Paymentech Contract No.063576
163
Schedule A to Merchant Agreement Merchant Name: Invoice Cloud, Inc.
For Transactions for: County of Indian River-Board of County Commissioners
02N, -"
CHAS E u
Pal-rmentech Schedule A to Merchant Agreement
Annual Payment Transaction Volume 86,400 Average Transaction Amount $58.00
-PER"
_U
'em, 3'9-�o-
Visa Settled Transactions See Volume Schedule
MasterCard Settled Transactions See Volume Schedule
American Express Conveyed Transactions No Charge
Diners Settled Transactions See Volume Schedule
Discover Settled Transactions See Volume Schedule
JCB Settled Transactions No Charge
Visa Authorizations See Volume Schedule
MasterCard Authorizations See Volume Schedule
American Express Authorizations See Volume Schedule
Diners Authorizations See Volume Schedule
Discover Authorizations See Volume Schedule
JCB Authorizations See Volume Schedule
_5 5—
4--
.1_010,
Visa Auth Reversal-Visa authorization reversal misuse prevention See Volume Schedule
MasterCard Auth Reversal -Visa authorization reversal misuse prevention See Volume Schedule
Audio Response Unit Authorization —Charged when voice auth is handled by automated system $ 50
Voice Authorization -Charged when you call the Voice Auth phone number to authorize a credit
card $ 90
Voice AVS Request-Charged to speak to voice operator for each Voice Address Verification
request 1 $ 90
Voice Authorization Reversal -Charged for each voice authorization reversal $ 90
Voice AVS Authorization - Charged per each voice Address Verification Service authorization $1 75
Voice Operator Assist- Charged for each voice operator assistance $1 75
Visa, MasterCard, Diners, Discover or JCB Settled Chargeback Processed or Represented $700
Visa, MasterCard, Diners, Discover or JCB Collection, Pre-Arbitration or Compliance $10.00
Intemal Pavmentech Use Only: Rev 07116
Paymentech Contract No 063576 Page 1 of 4 Date- July 6
,2016
164
Schedule A to Merchant Agreement Merchant Name: Invoice Cloud, Inc.
For Transactions for: County of Indian River-Board of County Commissioners
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_.t.�,r _:�.k__'_�.,�.�`_•�:.,._.__ase:.,,�c�.=.s. -fi�;.x�a-..�_�'�'� '�s�.
ACH Transfer Fee - Charged for each ACH (transmission of funds) sent to your account $.50
li
Wire Transfer Fee- Per each funding via wire transfer $10.00
_._-y. .,,,�,�"X'•..�r'.�r1:t�'F:S:' _ - 't: _ �J:--{1 - - .�..`--i7=?5.�r:w.-yam 4'r�`�' z,v:�'a•«.�,.,s -�. ._ _ -
'1- - -' - 0 - • -%ice «gid'::�-: ��r>�tK�i."+�`:"k4;a+;Y�+Y E.i:r'=i ,f�+-ice"c"''�j�.3'I�y'�.:}:Y
5-1 _ a .:G+ Hrq'�._�' {{.
Rejected Transaction $.03 !
Paymentech Gateway Transaction $ 01
------------------
0 �� •••• `� :,���:; �' s �.-rt ra.- -i'�'g=,+ �.i z r - -..�l_. -^'-�.. .. r y4�., :.y ., -.
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.E5•�-M'y�' n —i{ .L'a'va i5"".; .M..'.p s=.,;�� si-: 3�- c-Tidy?''1.r+4- ••�-.., - s,,,•„ry 'E
8F - -- �� .,e .,, c -'-T-�:�,;,t,,'+,. .F'.✓^•hx T ._�e , X: '•-� ra`.:� �
a^ '$ I_�l•. .d W-,.T, 5.
ti��:�.���_:�_-... SF`�"�¢�5.��^�'
Not Applicable
-oy-+ — -3ti t.s �s'ti�'��c�t+���'F�.Ynres:'s;;J,'•�.'�`-�,..""�"�ick.,•.'z :'r�'-,^ZMII` �'in"`'�s=�- rvrY;g<, .�,.,.! y-sc.,-.s y�,.r,`,.�,�'{'s-��,:..� w,.
p {+,� �`'��""�'r" `�z '�s3r' 4_.. =s�-,.7.•-• ate`"-•.3� ,�+.��tv^S:,."1-�:.�,'�, .'t-�4'"`� t .��;.�•FS• .�7�:�
.-.c./ �:���_�5�'Si��i�_�.r.�$:'.�,Ss;�� •�° 'y`9' -�i`-z ii_�"�':s•�-,;�`4` r_a.'44F.s`•�`i.�`.;t:��;,K-t-i:-'RY.:v a,,`,+`°�'Y-:�.�,'�'�_-�f'-P y- ��5?�t�_.
Monthly Paymentech Gateway Fee (per division) No Charge
® 4. r ',��L,,.�'• � _''"� ,�•F��+.�-�^.'3P^'c_-a f,v:..j.1c'.*Su.'.' t.- _ �„ -- __�r � - - '
-,�'a+-. _ �' ..• r_zk.::_•. z,,:±;;s is_�:�£b��.' ..- -. ., �__ =.:;,;r4: •- '�':.,��u�� �-�.,- -+x r�"•:,;,cr�'
•'.:fi•Is 11-k-y
0— IN,
�s•-.3;r ..�n..4 .i.-, c`.�-tj,� -•ire_.;i�• '-E• ,"S'.�,:- ".- _ _ .- •^ -
r Y*a �- �' '+i k;•'>:3wz:•,< .Y�.,'-:• ;r�.yT_~x :�'-a-�,,,; nz+�•;.ff";;- zcot
E"A'Air.lr't�-' y:
Monthly Fax/Mail Reporting Fee -+Charged each month Paymentech faxes or mails statements $50 00
(whether at the request of Merchant or because delivery to a valid email address has failed)
Postage, Supplies, Equipment & Other Services—service fees will be charged at the time of order Current Market
a;= � - - "-• _- - -;;;- -- .+s - �- - --- - 1.31 - _�^ -- �
-x'-�"•" � --<<+,:`.'}5�,'_ '�t+`: 3 y t t..�:�Y,� •fir;.ts: __
".l.k.. ar�,s.. ,� c-,: �'' :, .4 .t.. i�T�Y.T .c`.31'?�1�''�'+_A"�-..?!��.�•�,'3s €`_
Visa I Pass-Through
MasterCard Pass-Through
Diners Pass-Through
Discover Settled Pass-Through
JCB Pass-Through
r:.. rw. +•�- - WA
I • 1 Tt3Tf� y... 4.;�
Visa Assessments- Debit Transactions j 013%
Visa Assessments—Credit Transactions 013%
MasterCard Assessments (all transactions$1000 or less) 0.12%
MasterCard Assessments (all transactions more than$1000) 0.14%
Discover, Diners, & JCB Assessments 0 13%
- sic, r.z•..- „� •a 1:: - ,;#�rr�.��.,--{-,µ .�.�,:--,;�;._, (F _. -
p ,<.Kn2��'1�•r�_i'�_ �y,� .-�F(� 7�:.-��`?� ���:�i�..l-'- ,��; tr �J t's' -.:L �h,.Ks
f -- 6 � { ti f y-.'..•�{!y`• � Linc:]Sf� `y {.a�.:" '�•� "}��'r�^'9 � �-
�'�.. :c. ._.c�_ 'v. r �y}���Cs' J:.w•,� -t' $3:•'+� dt=.,;,{'�:;"i�•`=T'' ?:.3�7:`.��y.. � ! �^•{c D • :�:
- r_._ -.����•�"ir2't.'f_:..��r�:x�.'4��.^..e4��"ti R�`cw�97r..'s s'�S"� -if�� ti.-�.•'�w ys...a�y..Cbt x�•.'_�_•_�-_p....•ii���3.+�
Visa Acquirer Processing Fee $00195 $00155
MasterCard Network Access and Brand Usage (NABU) Fee $00195 $001-95
Discover, Diners, &JCB Card Data Usage Fee $00195 $00195
Intemal Pavmentech Use Only: Rev 07116
Paymentech Contract No: 063576 Page 2 of 4 Date. July 6,2016
165
Schedule A to Merchant Agreement Merchant Name: Invoice Cloud, Inc.
For Transactions for: County of Indian River-Board of County Commissioners
M Char
C Ac -uirin .Li ed cen 'Fn MasterCard• Gross Sales volume. See .004%
Additional formation under Payment Brand Fees below.
MC Digital Enablement/Card Not Present Charged on MasterCard Card Not Present Gross Sales
volume. .010%
Discover, Diners, or JCB Network I Charged by Discover on all authorizations for card
$.0025
Authorization Fee transactions that are settled through the Discover Network
MC AVS Auth Access Fee -Card Present Charged by MasterCard when a merchant uses the address I $ 01
MC AVS Auth Access Fee_-Card not present verification service to validate a cardholder address $ 01
MC.Auth Access Fee Charged by MasterCard when an authorization is reversed
or the authorization is provided by MasterCard if the card $ 005
issuer is not available
MC Card Validation Code 2 Fee I Charged by MasterCard when a merchant submits the CardT .0025
Validation Code 2 (CVC2) in an authorization request
MC SecureCode Transaction Fee Charged on MasterCard SecureCode transactions that are $0.03
1 sent for verification
MC Account Status Fee - l6tra-regional 1 $ 025
MC Account Status Fee - Inter-regional Charged by MasterCard or Visa when a merchant uses this $ 03
Visa Zero $Acct Verification Fee service to do an inquiry that a card number is valid $.025
MC Zero$Acct Verification Fee No Charge
MC Processing Integrity Fee I $.055
1 Charged when a card is authorized but not deposited and
Visa Misuse of Authorization Fee the authorization is not reversed in a timely manner $ 048
Visa Zero Floor Limit Fee I Charged when a transaction is deposited but never f $.10
authorized
Visa Transaction Integrity Fee Applies to Visa signature debit cards that don't qualify for $ 10
CPS
MasterCard Cross Border Assessment 600/6
Charged by MasterCard, Visa, Discover, Diners and JCB on
Visa International Service Assessment foreign bank issued cards .80%
Discover, Diners, & JCB 80%
Visa Interregional IAF Fee (other MCC's) I 45%
Visa Interregional IAF Fee (high risk MCC's) Additional fee charged by Visa, MasterCard, Discover, 90%
MC International Support Fee I Diners and JCB on foreign bank issued cards .85%
Discover, Diners, & JCB .50%
Visa Partial Auth Non-Participation Fee Applies to Petroleum merchants using automated fuel $ 01
pumps
MC Global Wholesale Travel Transaction Applies to Travel merchants for transactions qualifying at the $ 03
Program B2B Fee MasterCard Commercial Business-to-Business interchange
category
Internal !entech Use Only: Rev 07116
Paymentech Contract No 063576 Page 3 of 4 Date July 6,2016
166
�
Schedule AhmMerchant Agreement Merchant Name: Invoice Cloud, Inc.
For Transactions for: County ofIndian River-Board mfCounty Commissioners
tax ID based on Merchant Category Code (MCC), dollar volume, ough
physical Visa card is present or not present at the time of the transaction. This fee can vary monthly
Payment Brand Fees
� A substantial amount of the fees that we charge for processing Tmn000hnnn consists of charges that we must pay to the Payment
�
Brands and oond issuing banks (or that are otherwise charged to us by the Payment Brands and card issuing banks) under the
Payment Brand Rules These charges (collectively referred to in this Schedule Aan "Payment Brand Fees") include but are not|imhedVo. intemhonge. onxouomento. 5|etxonomisoionfoou. pmoeooingfeeo. nn�mrkoouooufeeo. ondomaabonder8oa'.Whether
particular Payment Brand Fee applies is based on several factors, like the typo of Payment Instrument presented, specific
infonnohoncontained v�thinthe Transaction, how and when the Transaction iupmc000ed. and the mencho/�'ndomicile and�industry.
� P|oano note that Paymen0och may, from time tntime, elect not Vocharge you for certain exisUng new orinc�ased Payment BrandFneo. If we elect not to charge you, we still reserve the right to begin changing you for existing, new or increased Payment Brand
Fees u\any time inthe future, upon notice 0oyou Nosuch Payment Brand Fees will beimposed retroactively
Additional information about significant Payment Brand F000 (Interchange and Axueaxmonh), can be found at:
*MasterCardwww.chasepavmentech.com/interchange and assessment understanding.html
eoxoonoo the MasterCard Acquiring License Fee annually to each Acquirer boxed on the total annual volume of
MasterCard-branded oa|ox (excluding Maestro PIN debit volume) of its U S domiciled merchants To fairly distribute the fee across
all Paymentech MasterCard-accepting merchants, a rate of.004%will be applied to all of your MasterCard gross sales transactions.
Amount due upon Termination
In 000mon to the other amounts due under this Agreement (including without |imheUon, the fees and charges described in this
Schedule A), you may owe on amount inthe event you terminate this Agreement. Whether you will owe that amount, and how
much you v�Uowe, wiUwith
o� n.tho —'"Termination"
section.
Volume Schedule
The above grid applies to Bank Card, Discover, and Diners transactions beginning as of the date of the first submission of Bank Card
Transactions 0nPaymen1eohand continues for the term ofthe Agreement. YVoagree$urebate fees only inthe case where wefail Vo
reduce the transaction fee when Merchant's volume reaches the next grid level
' .
Internal Pavmentech Use Only Rev 07116
Paymentech Contract No 063576 Page 4 of 4 Date. July 6,2016
167
Pricing Schedule to Agreement Merchant Name: Invoice Cloud, Inc.
Electronic Check(eCheck)
For Transactions for: County of Indian River-Board of County Commissioners
CASE d, t.•t Pricing Schedule t® Agreement
Paymentech Electronic Check (eCheck)
- -�- - -.to sr^_ - 'r.: s, .. %c T,, ..•..-' -`-;oli�-:�R�r=%:..;i'�1::sr5.;-�•r p� _ --.. �.,•t`'--�}_t ^tX 4 ,y,.�.^"::- �.':y.N
• .-r +. ,.er •. h...,e _, �§-d.tom:
-- - — - - e ,.tee- .� ••,• _•., it - 1..=
Annual eCheck Transactions 86,400 Avg eCheck Transaction Amount $58.00
�;-.-J'_ `ti. ct-;1-. �qi`•a' 74.:Ar+�i''.•��•�•` "Y;^-1 v'-[i"V7`��,.".t yp�<;2 � -'q'Y^ `.,.y`,. t
• • � _{ "�,1c�.��': 7}`f•;k.,.z-. - yy, 4 _.f7'j'sd !. >-;::' r,.t'7.''"i .S; �x
,�•�- ^^��''Rr` +,,..n.�•�F�..• •2,s',.,� T�.t`"':�'3= �''7^'o'�rw y.
_ • • a-.-,y... -- . -xr.•.r,F�. tia-r c _..f �:,h�,�.. ����1..",t„ t T,;.� �t;��>.."F.fr MM„y`.,.4v�aF�+»;'ir�i4�
- =A� '_. _ 't, a q;:= _ ••iii:`�'�-,J7vT'� $,
t• • e -' t-x�,,,�� .b '•'=�•"�=*�tt::e:.�..d.��4 �• r•+�;.i.=.�: �i'i''•`.t,'r+".v,i a-'`-*,:ry'.;i�':`�F:S _1• .i�.,+�:�f:• ':,�- r.,
eCheck Validation (Online or Batch�Validate-Only) - This•fee is assessed`when using a
'Validate Only' action code and when the transaction passes Validation Validation occurs on every VS
ECP transaction submitted. The validation process includes format and data edit checks, bank routing See olume chedule
number checks and comparison to Paymentech proprietary internal negative file
eCheck ACH Transaction — This fee is assessed for successfully deposited eCheck transactions See Volume Schedule
indicating the bank account has been successfully debited or credited
eCheck Prenote Transaction —This fee is assessed when a prenote transaction is run which is a See Volume Schedule
zero dollar transaction that determines whether the account number information is valid.
eCheck Redeposit Transaction — This fee is assessed when an ACH return occurs and the
merchant has authorized Paymentech to resubmit the item to the ACH network. Only transactions $ 035
returned for insufficient or uncollected funds can be resubmitted
eCheck ECP Deposit Check (Facsimile Draft) Deposit - Paper(Facsimile) Drafts are created
when a transaction is not eligible for ACH processing The transaction is sent to the bank outside of $5.00
the ACH network.
eCheck Redeposit Paper Draft - This fee is assessed when a paper return occurs and the
merchant has authorized Paymentech to resubmit the item through the banking system (e.g. NSF $ 04
Returns/Uncollected Funds)
.n- - • - �-e - e r _• 'r e e •e - `1� '� 'd�"1-;.��i::c.t��,,t,:;:•It;,.,.Tr„`�,._
1 -•a-:•i. =fi` -- ;'t - rc'•^Y?r"''- -•[,s,^ i�,:+?.ar
b.:'rte. .,, - -a•";.:. w ... -'.n_r•.•._- t^ .. av•.r •x•,in.,#-.�•7,.�?.,”-•cs�v c T •��k`e7v.co-.:•¢',3£.`:•:.:i!-1},i•yt>, zv;"•':>�i.iisW-3^.:'��-,—,`d-,i`•�r,?rr':+'4,. .,_}- �..;t+ 4
Y4z"'
�yr
-''t. ";'+t•'i.a''.F.'{
ACH Return/ACH Dishonored Return Processed/Represented^-This fee is assessed every
time an item which has been presented for deposit into the ACH network is returned by the RDFI $.25
(consumer bank)or when Paymentech dishonors a late return originally initiated from the RDFI
eCheck Notification of Change — This fee is assessed when Paymentech receives a change
notice from RDFIs (consumer's bank) on bank format changes (Routing/Account Number). This $ 07
information is conveyed back to our clients as a NOC when an old or previous Routing/Account
Number is used This is particularly important for clients who store consumer profiles
Deposit Matching - This fee is assessed whenever a transaction that is submitted with old
routing/bank account information is updated by our NOC system with the corrected bank information. $ 75
The system updates are based on Notification of Changes that have been stored in our NOC
database.
Facsimile Draft Return/Dishonored Paper Return Processed/Represented - This fee is
assessed for those items which have been presented to the RDFI as Paper Drafts but have been $ 10
returned or when Paymentech dishonors a late return.
- - - '3f.�'1SL t}� yyr 'Gr =G- wR :.17.i�i f: c.Jrli•>•'.�i'.i+T3'-tYJ- Yxl�rn�s moi.
- -- ,c.. s �• _ .:�Ln7�'���,'�: ;;�'��"�•';�•=5,i2.;.t.-�`a =-L���.��3.`�'`:�'`••,,,C:^�'S' `�C'`_-�- -s"��,j"�fx �,_
r�t.�in..i t at_...'#�..:s�r:`R^ �£t"�t'•:.'�7;'f.
eCheck Reject Fee — Submitted transactions are validated prior to deposit. If the transaction fails $ 04
validation this fee is charged instead of the eCheck ACH Transaction fee.
Intemal Pavmentech Use Only: Rev 08/15
Paymentech Contract No 063576 Page 1 of 2 Date July 6,2016
168
Pricing Schedule to Agreement Merchant Name: Invoice Cloud, Inc.
Electronic Check (eCheck)
For Transactions for: County of Indian River-Board of County Commissioners
eCheck Annual Volume Schedule
�� {_�. _ � _�c:6 ?nstb�3����`�'.5=.....��:�`s3{'.err;?-meq. C"rr _ '�-a�,.;.'.v--�'�"',3;�� :;fir✓s,?'}: :;:y;-:rY_ v��r";'4ty+.aS✓+�Q.."-�
AMt'- '� _ < '.�'• -L ""41�� srt+r
_..j � ?cif • 'v.. _ _ S�.- - •- D - -4Y - r _ t.� D '
�, t��.u?4�;r..� -�s�c•:•'�•r: ms=s D +....,- .���,��sq�; _��a ! S.y. ..•�;;kt;ex's,;%�� - '• moi-,s F�+'-�r�'-: •.�;
..nb L£ �S F, tir. .zti.._4- _,.�"�s.�:���u.�str�3��sc"'yr:'�..7�. `.2; y�.-.� :L�'. y[ti�.<:.:.Ar�cv. '.-.,,���� `r�� - �.r.� •g 'Y7^k
.. � _rS'.,. •.f,''.,.;vh`,':T.z'?•Fir• �:':.�R.,a.r`i-�yy-k'.^`�r�!r_
Tier 1 First 1,000,000 1 — 11000,000 $.0200 $.040
Tier 2 Next 9,000,000 1,000,001 — 10,000,000 $ 0150 $ 035
Tier 3 Over 10,000,000 10,000,001 + $ 0125 $025
The above grid applies to ECP transactions beginning as of the date of the first submission of ECP Transactions to Paymentech and
continues for the term of the Agreement. We agree to rebate fees only in the case where we fail to reduce the transaction fee when
Submitter's volume reaches the next grid level
Internal Pavmentech Use Only. Rev 08/15
Paymentech Contract No 063576 Page 2 of 2 Date July 6,2016
169
CONSENT AGENDA
INDIAN RIVER COUNTY
INTER-OFFICE MEMORANDUM
OFFICE OF MANAGEMENT AND BUDGET
TO: Members of the Board of County Commissioners
DATE: July 6, 2016
SUBJECT: Request for Ratification
Florida Department of Law Enforcement
FY 2016/2017 Edward Byrne Memorial Justice
Assistance Grant (JAG) Program
FROM: Michael Smykowski Ak5
Director, Management & Budget
DESCRIPTIONS AND CONDITIONS
On July 01, 2016 Indian River County received notification by the Florida Department of Law
Enforcement (FDLE), Office of Criminal Justice Grants, that $61,136 was allocated in grant
funds for Fiscal Year 2016/2017 to support a broad range of activities to prevent and control
crime and to improve the criminal justice system. This amount is an increase from the current
fiscal year in which Indian River County received $54,202 in federal funds. The letter also
recommends that the Board of County Commissioners serve as the coordinating unit of
government in development of applications for these funds. For the current fiscal year
(2015/2016), Indian River County was allocated $54,202 in federal grant funds, with no match
requirement. Likewise, the fiscal year 2016/2017 grant amount of $61,136 will not carry a
match requirement.
The Certificate of Participation was to be returned to FDLE by July 11, 2016. Because the next
Board of County Commissioners meeting was not scheduled until July 12, 2016, Bob Solari,
Chairman of the Board of County Commissioners executed the Certificate of Participation on
behalf of the Board.
RECOMMENDATION
Staff recommends that the Board of County Commissioners ratify the Chairman's action in
executing the Certificate of Participation.
ATTACHMENTS
Announcement letter from Florida Dept. of Law Enforcement dated June 22, 2016
Certificate of Participation
170
I
Board of Commissioners
July 12, 2016
Page 2 of 2
APPRO D GE lel: Indian River County A ed D4t,
Administrator <S
BY: ` Le al
Ja E Brown Budget (IVl S �-
County Administrator Department
Risk Management
FOR: July 12, 2016
171
F LF"J" L E
Florida Department of Business Support Rick Scott, Governor
Law Enforcement Office of Criminal Justice Grants Pam Bondi,Attorney General
Post Office Box 1489 Jeff Atwater, Chief Financial Officer
Richard L. Swearingen Tallahassee, FL 32302-1489 Adam Putnam, Commissioner of Agriculture
Commissioner (850)617-1250
www fdle.state fl.us
� "Ross
June 22, 2016
JUL 01 2016
Honorable Bob Solari � �^aET pr��
Chairman
Indian River County Board of Commissioners
1801 27th Street
Vero Beach, FL 32960
Re: Federal Fiscal Year(FFY) 2016 Edward Byrne Memorial Justice Assistance Grant(JAG) Program—
JAG Countywide—State Solicitation
Dear Chairman Solari:
The Florida Department of Law Enforcement (FDLE) anticipates an award from the United States
Department of Justice for FFY 2016 JAG funds. FDLE will distribute these funds in accordance with the
JAG Countywide distribution provisions of Chapter 11 D-9, Florida Administrative Code.
FDLE has set aside $61,136 funds for use by all units of government within Indian River County.
Enclosed are the following documents to assist your county with the strategic planning and allocation
process.
JAG-Countywide Program Announcement&Application Instructions
JAG-Countywide Project Timeline
JAG-Countywide Application Checklist
Certificate of Participation
The enclosed Program Announcement provides an overview of these funds which can be used by local
units of government to support a broad range of activities to prevent and control crime and to improve the
criminal justice system. Please note the Program Announcement includes information from the U.S.
Department of Justice relating to several areas of national focus and its priorities to help maximize the
effectiveness of the Byrne/JAG funding.
As a condition of participation in this program, the units of government in each county must reach
consensus concerning expenditure of these funds. This consensus must be documented in writing and
include the projects to be implemented, the amounts iflocated to each project and the agency
responsible for such implementation. This process will require an individual to be designated to exercise
leadership and assume a coordinating role in the development of applications for these funds. This
coordinator will also serve as liaison between the Department's grants office and subrecipient(s) to
ensure all reports, documentation, and timelines are adhered to in accordance with the agreement(s).
FDLE recommends the Board of County Commissioners assume this responsibility. In the event the
county declines to serve in this capacity, the Department will request the governing body of each
municipality in the county, in descending order of population, to serve as the coordinating unit of
government.
Service • Integrity • Respect • Quality 172
Honorable Bob Solari
June 22, 2016
Page Two
The enclosed Certificate of Participation form requests the identification of the County Coordinator.
Please complete this form and return it to the address below by July 11, 2016., Once confirmed, the
Department will forward additional information regarding the application process and FDLE's online grant
management system to the coordinator
Florida Department of Law Enforcement
Office of Criminal Justice Grants
2331 Phillips Road
Tallahassee, Florida 32308
We look forward to working with you. Please contact me or JAG supervisor Randall Smyth at (850) 617-
1250 with any questions or for further assistance regarding this program.
Sincerely,
Petrina Tuttle Herring
Bureau Chief
PTH/ps
Enclosures
cc: Mayors in Indian River County
Law Enforcement Agencies in Indian River County
Current JAG Project Directors in Indian River County
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173
CERTIFICATE OF PARTICIPATION
Edward Byrne Memorial
Justice Assistance Grant (JAG) Program
Ms. Petrina T Herring
Bureau Chief
Office of Criminal Justice Grants
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, Florida 32308
Dear Ms. Herring: '
This letter provides notification that the Board of County Commissioners x Accepts _ Declines to
serve as the coordinating unit of government for the Florida Department of Law Enforcement's Edward
Byrne Memorial Justice Assistance Grant(JAG) Program.
For purposes of coordinating the preparation of application(s) for grant funds with the Office of Criminal
Justice Grants, the following individual is designated as County Coordinator for the county's FY16
subawards:
Name. Michael R. Smykowski
Title: Director, Management & Budget
E-mail: msmykowski@ircgov. com
Agency: Indian Rivver County Board of County Commissioners
Address. 1801 27th Street
City: Vero Beach, FL 32960-3388 Zip:
Telephone: ( 7 7 2 ) 226-1214 County: Indian River
Sincerely,
3/ 43-�
Bob Solari
Chair, Board of County Commissioners
Rule Reference 11 D-9.006 OCJG-024(Rev.June 2012) 174
INDIAN RIVER COUNTY, FLORIDA CONSENT ITEM
BOARD MEMORANDUM
TO: Jason E. Brown,
County Administrator
THROUGH: Richard B. Szpyrka, P.E.
Public Works Director
THROUGH: - James D. Gray,Jr.
Coastal Engineer
FROM: Kendra Cope, M.S.
Coastal Environmental Specialist
SUBJECT: Sea Turtle Education Grant
"Florida Traveling Turtles"
DATE: July 6, 2016
DESCRIPTION AND CONDITIONS
Working under one of the objectives of the County's Habitat Conservation Plan (HCP) for
the protection of sea turtles staff molded a new relationship with 511 grade Indian River
public schools science teachers as part of a new education program conducted by the
Indian River County Sea Turtle Program. During the 2015-2016 school year staff and
volunteers gave presentations about marine conservation to 5th grade science classes in
6 of the 13 public elementary schools in Indian River County. This presentation was
aligned with the 5th grade adaptations curriculum and taught students about sea turtle
and marine mammal biology, the difference between inherited and taught traits, and
specific adaptations for sea turtle survival.
The subject of this agenda item is to request the Board's approval of Florida's Traveling
Turtles education program grant in an effort to expand the current school based sea turtle
education programs implemented under the County HCP. The attached agreement from
Inwater Research Group commits up to $1,200 with zero cost share and a three year
program commitment with no expenses to the County.
On June 24th, 2016 county staff applied for the Florida's Traveling Turtle Program. This
program started in Martin County and provides a trunk full of model sea turtles, tools,
and lesson plans to interested teachers teaching grades 3-8.
F-\Public Works\Kendra Cope\Public Presentations and Meetings\Commission Meeting Items\Consent Item\Florida's Traveling
Turtles—Educational Grant--Agenda Item 7-12-16—Final Rev I.docx
175
Page 2
Agenda Item for 7-12-16 BCC Meeting
Florida's Traveling Turtles education program
July 6, 2016
On July 11t the Indian River Sea Turtle Program was chosen as one of the five organizations
around Florida to expand this traveling trunk program beyond Martin County schools.
The Florida's Travelling Trunk Program is for a 3-year period beginning with the
2016/2017 school year. All materials, instructions, and teacher agreement forms are
provided with the trunk which will travel among schools throughout the County. Staff will
be responsible for training the teachers on the trunk contents and lesson plans,organizing
the trunk's travel plans across County schools, and collecting teacher surveys about the
program.
FUNDING
No County funds will be expended during the lifetime of this program. The County will
also have an opportunity to keep all traveling trunk materials at the end of the 3-year
program.
RECOMMENDATION
Staff recommends the Board approve the Florida's Traveling Turtles education program
grant with Inwater Research Group and authorize the Chairman to sign the Agreement on
behalf of the County.
ATTACHMENTS
1. Florida's Traveling Turtles Grant Application
2. Grant Acceptance Instructions
3. Grant Consent Form Approved
Indian River County Date
4. Indian River County Grant Form
Administration /�p
APPROVED AGENDA ITEM Budget
Legal
FOR JuIv 12 2 Public works
BY , Coastal Engr.Division JIM Wbleb
F•\Public Works\Kendra Cope\Public Presentations and Meet ings\Commission Meeting Items\Consent Item\Florida's Traveling
Turtles—Educational Grant--Agenda Item 7-12-16—Final Rev I.docx
176
GRANT NAME: 2016-2019 Traveling Turtles of Florida GRANT No.
AMOUNT OF GRANT: J!,M
DEPARTMENT RECEIVING GRANT: Public Works/Coastal En ineerina
CONTACT PERSON: Kendra Cone. TELEPHONE: ext. 1569
1. How long is the grant for? August 2016—May 2019(3 School years) Starting Date: Upon grant execution
YES NO
2. Does the grant require you to fund this function after the grant is over? X
3. Does the grant require a match? X
If yes,does the grant allow the match to be In-Kind services?
4. Percentage of match to grant
5. Grant match amount required
6. Where are the matching funds coming from(i.e. In-Kind Services;Reserve for Contingency)?
7. Does the grant cover capital costs or start-up costs? X
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? 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 1 Retirement—Contributions
012.13 Insurance—Life&Health
012.14 Worker's Compensation
012.17 S/Sec.Medicare Matching
TOTAL
9. What is the total cost of each position including benefits,capital,start-up,auto expense,travel and operating?
Salary and Benefits Operating Costs Capital Total Costs
10. What is the estimated cost of the grant to the county over five years? $0
Grant Amount Other Match Costs Not Covered Match
Total
First Year w $ 1,200 $0 $0 $ 1,200
Second Year $0 $0 $0 $0
Third Year $0 $0 $0 $0
Fourth Year $0 $0 $0 $0
Fifth Year ` 0 $0 $0 $0
Signature of Preparer: 1 Date: l/ -7 vs
177
RESEARCH
i
E CONSER
Florida's Traveling Turtles
Application Packet
Deadline: June 24th, 2016, Spm
This program was funded in part by a grant awarded from the Sea Turtle Grants Program. The Sea
Turtle Grants Program is funded from proceeds from the sale of the Florida Sea Turtle License Plate.
Learn more at www.heloinpseaturtles.org.
This program was funded in part by the National Save the Sea Turtle Foundation. To learn more,visit
savetheseaturtle.ore.
Ar
V7-2
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General Information and Eligibility
Inwater Research Group (IRG) is a registered 501(c)3 non-profit corporation with a mission to.
provide the scientific community and general public with information to promote conservation
of coastal and marine species and their habitats.
In October, 2015, IRG launched its first Traveling Trunk program. The program contains 4
conservation-based lesson plans that take 3rd-8th grade students on a journey through the
world of sea turtles. Through lessons and activities, they learn about the 5 species of sea
turtles we see around Florida,their nesting habits, how researchers study populations, and
what it's like to be a biologist that collects data. Trunks include items such as skull replicas,
prey items, model turtles, calipers, measuring tapes, a scale, lesson binder, and more. Lessons
align with state standards, offer STEM-based activities, and promote inquiry-based learning.
Trunks are developed to contain all materials a teacher would need to run the lessons over a 2-
3 week period. Trunks are also lent to teachers at no cost.
In the 2015-16 school year, our trunks were able to reach over 4,000 local students. Because of
its popularity with teachers and our successes, we decided to develop a statewide program that
would allow us to work with like-minded organizations, recreating these trunks for their school
districts. Grant funding allows us to purchase the materials and work with selected
organizations at no cost to the organization. Only 5 organizations will be chosen based on their
applications.
Organizations will need to fill out this application form in its entirety and submit to
rmott(@inwater.ore no later than June 24th, 5pm.
Eligibility Criteria
• Must be located in the state of Florida.
• Must have conservation as a leading part of your organization's mission.
• Must be willing to actively work with schools and school districts in launching this
program.
o An already established relationship with schools/districts is preferred but not
required.
• Must have a dedicated staff member that will be the point person for this program.
• Must be able to commit time developing and maintain the program.
• Must be able to submit required reports on this program over a three year period.
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General Guidelines
Through this grant program, chosen applicants will be able to add a meaningful and engaging
education program to their organization's repertoire. IRG will assist chosen organizations in the
creation and maintenance of their own Traveling Turtles trunk program, which they will then
make available to teachers for free. The material has been developed by professional
educators and vetted by local teachers.
Timeline
There is a three-year program commitment for all chosen organizations. If selected, applicants
can expect to run and report back on the program over these three years. Upon completion,
the organization may carry on with the program as they see fit but must continue to give rights
to IRG and supporting agencies. The program must be ready to run by September, 2016. IRG
staff will be working with organizations through July and August to recreate contents and get
the organization staff comfortable with the program. There will be instructional videos and
content that will guide organization staff through both running the program and explaining it to
teachers. This will help organizations understand the content and how to highlight its selling
points with educators.
Year One*:
• Receive supplies and use instructional materials to recreate trunk in its entirety. This
includes individualizing model turtles by:
o Giving them different epibiota loads (gluing on "algae" and barnacles)
o Flipper tagging them with provided tags
o Filling them with dive weights and insulating foam so they weigh different
amounts
o Creating fake injuries
• Approach school districts with sample content and garner interest in program.
• Establish relationships with local school district coordinators, principals, or teachers to
raise awareness about the program.
• Establish a personal protocol for scheduling, maintaining contents, and teacher pick-
up/drop-off.
• Attend district workshops to showcase the program, running simulations with teachers
(if applicable).
• Maintain reports of school demographics, i.e. how many students reached, grade level,
etc.
• Encourage teachers to complete surveys upon completion of the program.
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*If IRG staff does not feel as though a concerted effort has been made in any of the years to
accomplish the majority of these tasks, the contract can be renegotiated or revoked. This could
halt all programming and result in a loss of all program contents.
Years Two and Three will focus on maintaining and building upon the relationships and
protocols above. It is highly encouraged to show growth in these years by either increasing the
student reach, attending workshops, expanding out to more schools, etc.
Commitment
The program can be wildly successful but requires a staff member committed to seeing it
through to completion. The relationship with district staff is the most important part of making
this program effective. If you don't have the support of the teachers, principals, or district
coordinators, this program cannot reach its full potential. The majority of the first year will be
spent developing these relationships and applicants should be aware of the time and energy
that this requires. Only applicants that have the time to allocate to such tasks should apply.
Once relationships with districts have been developed, maintenance and scheduling are the
main focuses.
Expectations
We will be looking for candidates that show both a passion for conservation education, as well
as the drive to begin a new and potentially very popular program. Applicants that can show the
need of such a program both in their organizations and school districts will be given preference.
This has been IRG's most popular program by far and we want to make sure it works the same
for you. Expectations for this program include but are not limited to:
• Creation of contents in a timely fashion and in time for the September deadline
• Drive to foster affiliations with schools, teachers, district coordinators, etc.
• Desire to fill a niche within school curriculum, while providing hands-on experiential
learning
• Open communication with IRG staff to discuss questions, concerns, troubleshooting, etc.
• Commitment in raising awareness for this program with your audience
• Consistent reporting on program numbers, teacher survey results and photos (if
applicable)
Application Process
Applicants must have their applications in no later than June 24th, 2016. All who apply will
receive an email stating that their paperwork is under review. The five chosen organizations -
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Application
Please email back to rmott@inwater.ore no later than June 24th, 5pm
Organization Name Indian River Sea Turtle Program (IRC Habitat Conservation Plan)
Address 1801 27th Street, Vero Beach 32960
Contact Name Kendra Cope - HCP Coordinator
Contact Phone 772-538-0616 Contact Email kcope@ircgov.com
Organization's mission:
Our HCP is specific to improving nestinq habitat for sea turtles "When fully implemented
the HCP will increase productivity of the County's beaches". Staff have decided one of
the most important ways of accomplishing this goal is through education of public young and old.
Number of education staff 1 staff (myself) and up to 15 volunteers
School district(s) you plan to reach with this program:
Indian River County
public and private schools
1. Why do you believe this program will benefit both your organization and your surrounding
schools?
Indian River County(IRC)is located in the middle of the most productive loggerhead nesting beach area in the U.S
and Western Hemisphere. All residents of IRC live only up to 15 minutes from a beach no matter where their home
may be, yet many to not know any of the ecological treasures this place has to offer. Our beaches are beginning to
be over developed, surrounded by lights and buried in trash. The county has eight title one schools and during their
3rd and 4th grade years students form these schools and others make visits to the Environmental Learning Center tc
discover the IR Lagoon, but nothing is planned for 5th grade students to help expand their coastal education. Before
the 15/16 school year only 2 schools openly reported adding sea turtle information in their curriculum, organized
beach clean ups or made other conservation efforts with their 5th grade students. Everyone knows that children are
some of the most influential people in the world and still have passion and a drive to make their surrounding area
better. If 5th graders were offered a hands on opportunity to learn more about their coastal environment and the
keystone species that utilize it, like sea turtles, then they would be the ones with the energy to improve conservation
efforts for the future. One of the ways the county began making efforts to biologically improve their coastline is
though the implementation of the Habitat Conservation Plan, specifically designed to improve nesting habitat for sea
turtles. The HCP was implemented in 2005 and in 2015 the HCP coordinator expanded the management program tc
include education and public outreach using multiple venues. If accepted for the traveling trunk program the county
will be able to enhance its education program which is full of volunteers eager to help inform the public of the human
impacts sea turtle face and ways they can get involved in local conservation.
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will be announced on July 151, 2016 and notified through email. If you do not receive an email
by this time, your organization was not one of the five selected.
Once organizations have been notified, they will be required to sign an agreement, laying out
the details of the program set forth by Inwater Research Group. At this time, should
organizations feel uncomfortable with any of the stipulations, they are not required to proceed
and another organization will be chosen in their place.
FAA's
1. Do I have to be a 501c3 organization to apply? No. Our primary focus is finding
organizations that can prove need and have the drive to see the program succeed.
2. Do we have to pay anything to be a part of this program? No. The program is
completely underwritten through grants. The only commitment is staff time and
dedication.
3. Can we offer the program at our facility? No. The program is designed to travel to
schools, allowing teachers to utilize the materials. We want to fill the niche in their
curriculum and offer them a service that requires little extra work on their part.
4. Can we charge teachers for the program? No. The program must be offered to
teachers at no cost.
5. Can we offer the program to all types of schools(i.e. private, public,charter)? Yes.
However, preference should be given to schools that show need, especially Title One
schools.
6. Do we keep the trunk after the third year? Yes. You may continue the program after
three years without needing to report. All materials should remain with original
organizational logos,though.
7. What grades are best suited for this program? 3rd-5th grades really benefit from this
program as it targets a lot of benchmarks they will be tested on in 5th grade. 6-8th grade
may find the program engaging and it does cover several middle school benchmarks as
well.
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2. Do you have a current relationship with local school districts? If yes, please explain in a
few short sentences. If not, please explain how you plan to develop these relationships.
Yes a relationship with the local school district was created in 2015 in concert with the beginning of marine
conservation presentations given to 5th graders in 6 of the 13 public elementary schools in the county. This
presentation was aligned with the 5th grade adaptations curriculum and taught students about sea turtle and
marine mammal biology, the difference between inherited and taught traits, and specific adaptations for sea turtle
survival.
These relationships were developed by first reaching out to individuals school principals and AP then through
contact with the science teachers. Attached to this application is one of the teacher's emails sent to the Public
Works Director raving about the presentation and its correlation with their state standards.
3. Do you currently offer school programs? If yes, please explain and include grade levels,
program information, and average amount of students you reach each year.
As the answer to the previous question described, currently the IR Sea Turtle Program education team made up
of multiple volunteers and one county staff member, gave presentations about marine conservation and
adaptations to all 5th grade students at 6 schools in the county during the 15-16 school year, 2 of which were
TITLE 1 schools. These were wildly successful and requests for visits the following school year were made by a
teachers. Pre/Post tests were administered to students and are currently being graded and analyzed to answer
the question "Was their any information learned during the presentation?"
4. Who will be the project leader on this program? Please provide their name and a
couple of short sentences on their experience working in education.
The project leader will be Kendra Cope, the HCP/Sea Turtle Coordinator for IRC. She created the presentation
that is currently being given to 5th classrooms, she made the original contacts with the school teachers and
principals, and has made new contacts with a couple private schools in the county interested in including sea
turtle curriculum during the 16/17 school year. Her background is with general public education programs. Her
MS thesis analyzed the community impacts(economic and long-term education/behavior)of the popular turtle
walks. She is also starting a new program in IRC during the 2016 nesting season called"Turtle Digs". Nest
evaluations in the City of Vero beach will now be a public program which includes a presentation and an up close
opportunity for guests to watch sea turtle researchers and volunteers collect data on reproductive success of sea
turtle nests in the area.
5. This program can take time to get started but will last for years to come. Is the project
manager willing to commit the time to creating the trunk contents, developing
relationships with schools, maintaining the trunk's contents, and liaising with teachers?
The project leader is a full-time employee with IRC and her position manages sea turtle nesting and other sea
turtle activity outlined by the HCP She plans to be in this position long-term. As part of the Sea Turtle Program
she manages a large group of dedicated volunteers which has grown from 8-15 people in the last year and will
continue to grow in coming years. There will be plenty of volunteers available to help create the trunk contents, a
handful of them already have experience with presenting at schools and are dedicated to keeping good relations
with currently involved schools, and the volunteers will be happy to help build a foundation for this new program.
The project leader will be responsible for maintaining the trunk contents over time and all contents will be stored
in the county office with other education materials used for various programs. She will also continue to keep
relations with the teachers and is dedicated to building relations with the school district board and private school
teachers so all students in IRC have an opportunity to learn more about sea turtle conservation and biology.
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6. What is your three year plan for using the trunk? Please explain how you will garner
interest from teachers/district staff and how many classes you feel you may be able to
reach each year.
During the first year of the program I plan on introducing the truck program to all 6 schools that were part of the
education program during the 15/16 school year, two of which are TITLE 1 schools, as well as two private school;
that have already showed interest. During the first year relationships will be built with other schools in the district
including the other 2 TITLE 1 public schools and 4 other TITLE 1 charter schools and will have a plan set out to
include them in the following years By the 3rd year the program should have all public elementary schools
involved and up to 5 private schools. This will happen though teacher relations, word of mouth about the program
and presentations to the county commission and school board after the 1 st of"leaming impact"data has been
analyzed.
7. Do you foresee any problems with incorporating this program into your organization?
I cannot see any reason why there would be an issue implementing this program As the application outlines all
training will be done by IRG staff before the school year begins with program volunteers and staff and I plan on
conducting additional training as more education volunteers become available the first year of program is
complete and all education volunteers already have experience helping with other sea turtle education programs
like turtle digs.
8. Do you have any questions on how you are allowed to utilize the program?
Not at this time, thought presentations,workshops, and personal communication I have a very detailed idea of
how the program works and I fully support it and cannot wait to use it if chosen.
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Traveling Turtles of Florida
Re-creation Instructions
This trunk and its lessons developed by|nwaterResearch Group. For more information visit �
This program was funded in part by a grant awarded from the Sea Turtle Grants
Program. The Sea Turtle Grants Program is funded from proceeds from the sale of the Florida Sea Turtle
License Plate. Learn more at . This program was funded inpart bythe
National Save the Sea Turtle Foundation. Tolearn more,visit savetheseaturtle.org.
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186
Running the Program
Expectations
Program
The trunks are to be used solely for usage by teachers on a lending basis for free. This is a great
option as it reaches more students (they can share with other teachers) and takes no staff time
on your part. The program includes four ready-made lessons that focus on inquiry-based
learning while highlighting sea turtle biology, research, and conservation.
School Districts
It is up to you to decide how many school districts you'll be working with. The biggest deciding
factor will be travel radius. Since teachers must pick up and drop off the trunk, the biggest
constraint for them will be how far they have to go to do this. We reached out to two adjacent
and smaller districts, offering a pick-up/drop-off location in each county. You may be able to
only offer one and want to start small. Once the program gains traction and teachers learn
exactly what they are getting, you will have them interested in subsequent years.
Lending Time
We began lending each trunk to teachers for two weeks at a time but found this was not
enough time for teachers to run through all the lessons due to their schedule so we offer it now
for up to three weeks. When coordinating with teachers, we give them an option to use for less
time if they won't use the whole three weeks. Some teachers only share with their class and
need the trunk only for one week. Some teachers are resource teachers and see entire grade
levels and may need it longer. If they're reaching more students, we usually let them extend
their rental.
Damage
EVERY teacher before they are allowed to use the trunk needs to sign the agreement (AKA
Registration Form). This ensures that they are aware of their responsibility when the trunk is in
their possession and the outcomes if items get damaged or go missing.
When teachers pick up the trunk, they are required (based on the agreement)to check off on
their receiving inventory sheet (located in the binder)that all contents are present. This is in
case something goes missing,you can make sure it was lost during lending time and not before
they received it. They must alert you immediately if something is broken or missing upon
receiving the trunk. It is up to them to let you know right away. They must check off an
inventory sheet prior to return as well. Some teachers may not fill this out and that's okay but
it holds them accountable should something go missing.
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187
Minor wear and tear is understandable and easily remedied by gluing on a barnacle or touching
up paint. Loss or damage beyond repair of an item is the teacher's responsibility. The teacher
who requested the trunk and signed the form will be responsible for any damage, even if
sharing with another teacher.
Below is a pricing sheet that lays out the cost to replace each item in the trunk. Prices include
cost plus small shipping charges. If any of the items we have provided becomes damaged or
goes missing, please contact rmott@inwater.org for possible replacement.
Price Sheet for Lost Items
Foam inserts $ 75.00
Trunk $ 75.00
Model turtle $ 30.00
Caliper $ 115.00
Green skull $ 150.00
Loggerhead skull $ 240.00
Leatherback skull $ 155.00
Ridley skull $ 140.00
Hawksbill skull $ 95.00
Scale $ 35.00
Sea grass $ 7.00
Jellyfish $ 8.00
Sponge $ 13.00
Crab $ 11.00
Conch $ 35.00
Ping pong balls (we provide 10 extra in case some go missing)*
Measuring tapes (we provide 2 extra in case some go missing)*
*You'll want to remove the extras before you offer the trunk to teachers.
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Registering for the program
The Registration Form includes all program info including logistics like pick up and drop off
information, dimensions of the trunk, responsibilities, and the agreement page for signature.
Please feel free to change the highlighted text to reflect your organization's information.
When we give the Registration Form to teachers, we typically highlight the parts of the
document that need filling out before we send it to them so can easily see what information
they need to provide. This helps ensure you get all the info you need the first time around.
After the program details have been worked out, we send a confirmation via email"with a staff
signature and date at the bottom of the first page so they can reference it, saving a copy for
ourselves.
The week prior to the borrow period begins, we send out a reminder email to the teacher with
the following:
• Agreed date and time
• Address and directions
• Dimensions of trunk
• Contact info for last minute emergencies or help with directions
This is really helpful as teachers can sometimes forget a program they requested months ago
and it helps avoid "no shows". In addition, before the lending period, we print the first page of
their confirmation, which has the drop off date and time, and place it in the front of their
binder with that information highlighted.
Return of trunk
Once you receive the trunk back make sure to inventory all the contents and check that the
turtles have all their parts intact. It's important to look through the binder at this point. Make
sure all the activity cards are counted and in the right places. Sometimes one or two can go
missing and that can throw off a lesson.
There is a survey in the front of the binder that we ask teachers to fill out upon completion. If
they have not filled it out and you'd like to follow up with an email link, you can send them to
https://www.surveymonkey.com/r/TravelingTurtiesFL. Any responses we get online, we will
share with your organization.
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Contents
Binder
The lesson binder has all 4 lessons pre-printed, cut and laminated where appropriate so
teachers just have to pick up the trunk and run the program. In addition to pre-cut and
laminated pages, we've supplied the originals in case teachers would like to make copies.
There is also a DVD in the binder that has all the original files if teachers would like to print
them out to keep. The video files for Lesson 4 are also on there along with a PowerPoint
presentation,Jeopardy game and supplemental resources. The binder is meant to be re-used
so teachers may not keep any contents but rather use and put back or make copies to keep.
Binder contents should be checked and updated when necessary. If you need to recreate some
of the contents because they are worn or missing, we will include a DVD for you with all the
lessons. Please make sure whatever condition we provide them to you in, you recreate (e.g.
laminated activity cards must be replaced with copies that you cut and laminate so they are the
same). We will provided a binder fob you to use. Included in the binder:
• Lessons 1-4
• DVD containing: lesson plans, video files for Lesson 4, PowerPoint presentation,
Jeopardy game, and supplemental resources
• Inventory sheets
• Confirmation letter with dates/times of pick-up and drop-off highlighted
• Images of trunk organization so items are placed back in the right spot
• Teacher survey
• IRG brochures (you may add your organizational brochures as well)
Lessons
Lessons 1-4 align with Next Generation Sunshine State Standards and build upon each previous
lesson.
Lesson 1 covers an intro to sea turtles with an out-of-the-seat activity where students must find
their respective turtle group using clues on their activity cards.
Lesson 2 has nesting activity worksheets as well as a relay race in which students must act as
nesting moms laying their eggs.
Lesson 3 is all about population sampling. Why we do it, what it can tell us, and gets students
to participate in class with a sampling activity.
Lesson 4 takes students through a modified sea turtle stranding sheet that helps them
determine species, size class, body condition, etc. It delves into why we tag turtles and why
data collection is important. Students will see this come full circle when they watch videos of
researchers who originally tagged their turtles. Biologists share their original capture data and
5
190
students will be able to compare it to current data to determine what changes have occurred
between capture occurrences.
Supplies
The supplies for the trunk run $2,500. We use Amazon.com for most of our orders so many of
the materials will coming to you via Amazon.com and delivered either through UPS or USPS.
The skulls and calipers will be coming from two additional companies and you will receive a
package from IRG with the remainder of supplies.
Turtles
We made sure that every turtle was unique by giving them injuries, different weights, etc.
We're including a list of the turtles we created as well as each one's approximate weight, injury
and epibiont load. We are including photos of each turtle to give you a better idea. Below you
will see how to recreate these materials and the time it will take to put them together. In
sharpie, somewhere inconspicuous, you can number the turtles to keep better track since not
all are tagged. This will have to be reapplied as it tends to rub off. Here's what you'll need to
do to ensure that your turtles are individualized:
Barnacles* (30 mins to apply)
*provided but these are instructions if you'd like to create more.
We took real barnacles and put them in 90% alcohol for a week. After that, we placed them in
the sun for one day facing up and the next day facing down to ensure they completely dried
out. Then, we took a wooden skewer and pulled out the actual dried up animal, being careful
to leave the operculum intact. Finally, we sprayed them with a clear satin polycrylic from
Lowes. This will most likely take 2 applications per side. To adhere these to the turtles, we
tried hot glue, which melted in warmer temps so super glue ended up being the best bet.
Algae (30 mins)
We cut the fabric in mis-shapes to look more realistic. It is best adhered with super glue. We
tried to hide the edges by pushing down on the fabric strands themselves, which helped them
adhere over the fabric edges. We put the algae and barnacles in the same areas so it looked
more realistic and so the algae could hide when the barnacles weren't flush with the carapace.
Injuries (2-3 hrs)
We gave the turtles all sorts of injuries so students could understand human impacts. The
fishing hook in mouth was achieved by simply cutting a slit into the mouth of the turtle and
sliding a large J hook in past the barb. We super glued it in place so it wouldn't wiggle around
or come free. The plastic bag was achieved the same way, pushing it into the slit with a
flathead screwdriver. The missing flipper was removed with a utility knife and smoothed over.
We then painted it a mixture of white and green to match the area. Boat strikes were achieved
6
191
by using a utility knife to carve out 3 lines in a row on the carapace and painting them in red. A
shark bite was simulated by cutting out a jagged crescent shape along the marginal scutes with
a utility knife. We also painted the bite green and white paint to match the turtle, simulating
that the wound had healed.
Weights (3-4 hrs)
Each turtle weighs a different amount and this becomes important to keep track of when
tagging the turtles. We thought out what each turtle's "story" should be so the data the
researchers share on the video make sense when compared to the data the students collect
from their turtle. Each turtle was cut open along its plastron, about 4 inches. We took dive
weight beads and filled each with a different amount. We then used the insulating foam,
inserting and rolling around until the beads stopped moving inside. We taped the turtle around
to hold the edges of the incision closed while the foam dried. This step should be done first so
you can keep track of the weight of the turtles before adding any injuries or tagging.
Turtle Tae# Injury Barnacles Algae Weight NO in
# Location
1 IRG057 1 2 1.331 KWNWR
2 IRG065 1 1.137 Puerto Rico
3 Shark bite 1.149
ME M-
4 IRG062 Right front flipper missing 0.973 Boca Raton
5 IRG073 Boat strike 0.984 ACNWR
6 IRG051 1.083 St. Lucie
7 IRG063 � ,: 3 3 0.999 Big Bend
8 Plastic bag in mouth 9 2 1.031
9 Hook in mouth 12 2 1.008
10 IRG052 3 1 0.993 Palm Beach
NOTE: When filling the turtles, they do not have to be exactly what you see above. The
important part is that turtles that are underweight (<1.1kg) remain below that threshold and
that turtles that are healthy(>l.ikg) remain above that threshold. For turtles that are above
weight, you can make as "robust" as you'd like. The highlighted weights above require no filling
whatsoever and can remain intact to achieve these weights.
7 192
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Trunk Labels
We will supply decals with supporting organizations' logos. They are reinforced with sheet
metal and must be screwed into the top of the trunk as seen below. We suggest using a 1/8"
diameter drill bit and machine screws>1/2" long with an appropriate sized nut on the back to
secure it. Holes should be drilled on all four corners�e of each decal.
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196
Trunk Foam Inserts
The foam inserts will come with more foam than you need for replacement as they can get
pretty banged up. Most of the pieces are "pick n pluck" foam, which means you can take out
small cubes one at a time to make space for your artifacts to fit into. We've provided photos of
the layout with labels to help you figure out what pieces to remove. The bottom foam should
be the wavy, non-"pick n pluck" piece. Place it so the flat side is facing up. On top of that you'll
want to place the piece from which you removed the cubes. This gives you the foundation in
which you'll put your skulls (picture below). You can use another"pick n pluck" piece intact, to
lay on top so the artifacts are protected. Please put the artifacts in the order you see below as
it's the layout we provide to teachers so they can organize the contents before they return it.
Green Skull Kamp's ridley Skull
leatherback Skull
Crab Hawksbill Skull
Sponge
Jellyfish
Loggerhead Skull
Shell Sea grass
Verbiage
When writing up something on your website, social media, newsletter, etc., please feel free to
pull from the verbiage below.
Local teachers can now request our new Traveling Turtles of Florida trunk program. The
program is built on four conservation-based lesson plans for 3-81h graders that center on hands-
on learning. Each lesson builds upon another, taking students through the exciting world of sea
12 197
turtles. Classes will learn about Florida's sea turtles, their nesting habits, sampling populations,
and how to collect valuable data from their very own model turtle. Lessons are aligned with
NGSSS, with emphasis on STEM initiatives and inquiry-based learning.
The program is contained entirely in a mobile trunk that has skull replicas of the 5 sea turtles we
see in Florida's woters'as well as prey items for each species. Trunks also include model turtles,
calipers, measuring tapes, a scale, and a lesson binder. Each lesson has been pre-printed, cut,
and laminated to reduce the teacher's workload. Trunks may be borrowed for up to three
weeks at a time and are completely free!
ALL mentions of the program in printed materials MUST include the following sentences along
with all three logos provided:
This program was created by Inwater Research Group(www.inwater.org) and funded in part by
a grant awarded from the Sea Turtle Grants Program. The Sea Turtle Grants Program is funded
from proceeds from the sale of the Florida Sea Turtle License Plate. Learn more at
www.helpingsealurtles.org. This program was funded in part by the National Save The Sea
Turtle Foundation. To learn more, visit www.savetheseaturtle.org.
We use this on our website as well:
FAQs
1. Who can borrow a trunk?
(Change to include the school district(s)you will be working with)
2. Can the trunk be shipped?
Sorry, but our trunks are all-inclusive and too heavy-to ship. We have two pick-up
locations in Martin and St. Lucie County. (Change to reflect how many locations you have
and in which counties)
3. Can I borrow the trunk longer than three weeks?
We can sometimes accommodate longer lending periods upon request.
4. What does it cost to borrow a trunk?
Absolutely nothing! The borrowing teacher will be responsible for late fees or damage
fees.
5. How many kids can the trunk lessons accommodate?
Lessons are set up to best cater to classrooms of around 20 students.
Launching the Program
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198
Getting the word out to local teachers may be the hardest part of getting the program up and
running, unless you already have established relationships. You have a few avenues in which to
work.
Teachers
If you already have programs that teachers consistently use like field trips, outreach programs,
etc., you can contact them directly through email. If you are afraid this will compete with your
current programs, explain to teachers that this program will bolster what you may already offer
and is a great way to prepare students before an outreach or field trip. It can also be offered
after for continued learning.
District Coordinators
Your district coordinators are an excellent way to break into the school realm as they are in
contact with all public school teachers in that county. You'll need to first figure out who your
coordinators are. You can find this on your school districts' websites. They are typically the
STEM or Science Coordinators but can also be Science Instructional Leads as well. We found
that calling or emailing them to start and offering to send them a sample in the mail is helpful.
You can find an example of a sample packet on your DVD. If you can work with the district
coordinators and show them that this is a worthwhile program that,is meant to help teachers
and students at no cost, they are very receptive to getting the word out for you.
Workshops
Some district coordinators will even ask you to be a part of workshops, where teachers get in-
service hours for attending. It's very easy to run through lesson 4 in these workshops and it's
an excellent way to show teachers what they're getting. We attended a workshop right after
the launch of our program and booked two trunks for the entire school year. We have included
a PowerPoint to aid you and created a separate workshop lesson to run through with teachers.
Along with the trunk contents, bring a calendar of availability and registration forms. You have
their piqued interest and attention at this point. Once they leave, it is much harder to have
them select dates and pass forms back and forth via email. If you can get them to sign up in
person, this will make your job exponentially easier. Once they do, we follow up with an
emailed confirmation of their dates/times.
Principals
Principals can be harder to get a hold of and labor intensive to reach each one individually. This
said, they can be liaised with in the same way you work with district coordinators. They are not
easily accessible during school hours so you'll often have to leave voicemails. Figure out the
name of the principal and ask the front desk to patch you through to their voicemail if they're
extension is not available on the school's website.
14
199
Traveling Turtles of Florida
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Details & Agreement
This trunk and its lessons developed by Inwater Research Group. For more information visit
www.inwater.ore. This program was funded in part by a grant awarded from the Sea Turtle Grants
Program. The Sea Turtle Grants Program is funded from proceeds from the sale of the Florida Sea Turtle
License Plate. Learn more at www.helpinpseaturtles.ore. This program was funded in part by the
National Save the Sea Turtle Foundation. To learn more,visit savetheseaturtle.ore.
200
I�
Wheeled trunk (23" H x 37 L x 23 W)
Foam inserts (can be pulled apart to fit skulls)
Sea turtle skulls (5)
Prey items (jellyfish, blue crab*, sea grass, sponge*, conch*)
Model turtles (flipper-tagged)*
Calipers (10)
Insulating foam
Dive weight beads (3 Ib. bag)
Acrylic paint*
Faux fur for"algae"*
Barnacles (preserved and sealed)*
Scale
Ping pong balls (40)*
Measuring tapes (12)*
Lesson binder*
Trunk decals*
DVD with recreation instructions and training material*
Certain items will ship from the business of purchase. All items with an * will be shipped from
IRG. Items may come separately. You must supply an address that can receive shipments
after hours.
Reporting
Organizations will be required to report back on July 111 of each year with the following:
1. Program Demographics Reporting spreadsheet (provided)
2. Teacher surveys
3. Photos (if possible)
4. List of events, workshops at which the program was presented (if applicable)
5. Copies of print mention of program (e.g. social media, newsletters, e-blasts)
Timeline
YEAR 1
July 2016
• Organizations will be notified of their selection
• IRG will contact project leader to discuss questions, concerns, etc.
201
• Contents of the trunk will be shipped to your specified address the first two weeks of
July
• Organizations will recreate the model turtles using the supplied instructions and
materials
• Trunk will be put together in entirety by organizations
• Organizations will work out the logistics of the program (registration procedure, drop
off/pick up locations and times, etc.)
August/September 2016:
• Contacts within the school district will be notified within the first two weeks of school
• Program launch announcement via social media, press release, e-blast, etc.
• IRG will be available to assist in any program implementation
• Organizations will begin taking reservations for the program
September 2016-June 2017
• Organizations will offer program to local schools
• Organization will maintain contents of trunk and ensure materials are in good, working
condition
• Organizations will work to receive feedback from teachers via surveys
• Organizations will track program numbers and demographics in supplied spreadsheet.
July 1, 2017
• Organizations will provide IRG with their annual report
YEARS 2 and 3
• Continue to work with schools in offering the program
• Seek opportunities to present the trunk program to school districts if not already
achieved in the first year
• Maintain trunk contents and update materials as needed
• Report back to IRG with program details annually
202
Usage
This program was created to provide teachers supplemental learning materials that focus on
sea turtle conservation. We have guidelines and requirements for how this program should be
run but we want to make it adaptable to your organization. The program may only be used as
laid out in the Re-creation Instructions (attached). Using the program for any other purpose
without consent from Inwater Research Group (IRG) could result in the agreement being voided
and the trunk being revoked from your organization.
Program Restrictions
• The program must be offered to educators for free and the organization may not benefit
monetarily from.its usage.
• Lessons may not be broken up or offered for other purposes other than this program.
• Materials must be created as laid out in the instructions and not left out or modified.
• Sharing or replicating the lesson content for reasons other than your organization
offering the program is prohibited unless given consent by IRG.
• All supplies must be used solely for the purpose of this program.
• If you are given permission to use the program for other purposes than are laid out in
the agreement and Recreation Instructions, its primary purpose must take precedent
and secondary usage must not hinder it in any way.
• You may share this program with private and charter schools but public schools must be
given priority.
Reach
This program has the potential to reach many students throughout the school year however we
understand this may take time to establish. Each organization will be expected to work more or
less with the timeline they laid out in their applications. IRG staff will be available to assist
during the three year period to guide you if you have any questions or concerns.
There will be questions as to how this program can be used and we will try to be flexible but the
program was developed to fill a specific niche and priority for that will always take precedent.
It is meant strictly for usage by teachers, not as part of an outreach initiative. We prefer you to
reach many schools across at least one district but understand if you must start small. Please
try to rotate the program around so that not just one or two schools have it available to them.
Priority should always be given to public schools but may be used by other types of schools.
If during the three year period IRG feels as though the program is not being utilized either as
intended, or to the extent at which the organization laid out in their application, we have the
right to terminate the program and revoke the trunk along with its contents.
Supplies
203
Project Leader Contact Information
1 ton
Organization: INDIAN RIVER COUNTY
Name: KENDRA COPE
Contact Phone: 772-226-1569 Contact Email: KCOPE@IRCGOV.COM
Shipping Details*
Name: INDIAN RIVER COUNTY
Address: 1801 2 7th ST. City: VERO BEACH
State. FL Zip;
32960
*Must be able to receive packages offer hours
By signing below, you agree to all the terms laid out in this document as well as in the
Recreation Instructions.
Print Name
Signature Date
Please scan or mail a copy of this agreement to the following:
Rebecca Mott
5565 SE Martin Meadows Ave
Stuart, FL 34997
rmottC@inwater.org
204
INDIAN RIVER COUNTY, FLORIDA Consent
DEPARTMENT OF EMERGENCY SERVICES
MEMORANDUM T
TO: Honorable Board of County Commissioners
THROUGH: Jason E. Brown, County Administrator
THROUGH: John King, Director I
Department of Emerge y ery s
FROM: Etta LoPresti, Emergency Management Coordinator
Department of Emergency Services
DATE: June 23, 2016
SUBJECT: Approval of 2016/2017 State Funded Subgrant Agreement
To Update Indian River County's Hazards Analysis
The State of Florida provides funding for each county to conduct a hazards analysis as part of the overall Emergency Management
preparedness mission. The hazards analysis identifies sites that may contain hazardous materials and the vulnerable areas near these
facilities. This is part of the overall Emergency Management Hazardous Materials Plan.
This year, the State of Florida has provided an agreement that covers the scope of work for this project. The funding allocated by this
agreement to Indian River County is $3,388.00. Completion of this analysis will allow accurate data when planning for response and
recovery in Indian River County.
FUNDING:
This is a fixed fee,performance based agreement and there is no requirement to match the allocation with county funds. Additionally,all
work will be performed by county staff and there are no other associated costs.
Budget Amount
00120825-035290-06807 $3,388.00
EE]
RECOMMENDATION:
Staff recommends approval of this agreement and acceptance of the funding provided in the agreement.
ATTACHMENTS:
1. Four(4)original contracts for Chairman's signature.
2 Budget office grant form. Indian River County Approved Date
Administratorw—
APPROVED
61 1
FOR AGENDA Legal
FOR: Jul 2016 Budget y44 /
Risk Management �(
BY: Department t Phi
Jason . B own,
Coun ministrator
205
GRANT NAME: Hazardous Analysis Grant GRANT# 17-CP-11-10-40-01-XXX
AMOUNT OF GRANT: $ 3,388.00
DEPARTMENT RECEIVING GRANT: Emergency Services
CONTACT PERSON: John Kine PHONE NUMBER: 772-226-3859
1. How long is the grant for? 1 year Starting Date: Jule 1,2016
2. Does the grant require you to fund this function after the grant is over? Yes X No
3. Does the grant require a match? Yes X No
If yes,does the grant allow the match to be In Kind Services? Yes X 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)?N/A
7. Does the grant cover capital costs or start-up costs? N/A 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) $N/A
8. Are you adding any additional positions utilizingthe grant funds? Yes X No
If yes,please list. (If additional space is needed-,please attach a schedule.)
Acct. Description Position Position Position Position Position
011.12 Regular Salaries N/A
011.13 Other Salaries&Wages PT N/A
012.11 Social Security N/A
012.12 Retirement-Contributions N/A
012.13 Insurance-Life&Health N/A
012.14 Worker's Compensation N/A
012.17 S/Sec.Medicare Matching N/A
TOTAL N/A
9. What is the total cost of each position including benefits,capital,start-up,auto expense,travel and operating?
Salary and Benefits Operating Costs Capital Total Costs
N/A N/A N/A N/A
10. What is the estimated cost of the grant to the county over five years?$
Grant Other Match Costs
Amount Not Covered Match Total
First Year $3,388.00 $ N/A $ N/A $3,944.00
Second Year $N/A $ $ $N/A
Third Year $ $ $ $
Fourth Year $ $ $ $
Fifth Year $ $ $ $
Signature of Preparer: Date: June 23,2016
206
Contract Number-17-CP-11-10-40-01-XXX
STATE-FUNDED SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management,
with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Indian River
County, (hereinafter referred to as the"Recipient")
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS
A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to
provide the services identified herein, and
B The Division has received these grant funds from the State of Florida, and has the authority to
subgrant these funds to the Recipient upon the terms and conditions below; and
C The Division has statutory authority to disburse the funds under this Agreement.
i
THEREFORE, the Division and the Recipient agree to the following-
(1) SCOPE OF WORK
The Recipient shall perform the work in accordance with the Budget and Scope of Work,
Attachment A of this Agreement.
(2) INCORPORATION OF LAWS RULES REGULATIONS AND POLICIES
The Recipient and the Division shall be governed by applicable State and Federal laws,
rules and regulations, including those identified in Attachment B
(3) PERIOD OF AGREEMENT
This Agreement shall begin upon execution by both parties or July 1, 2016, whichever is
later, and shall end June 30, 2017, unless terminated earlier in accordance with the provisions of
Paragraph (12)of this Agreement.
(4) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes
which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to
the original of this Agreement.
(5) RECORDKEEPING
• (a) As applicable, Recipient's performance under this Agreement shall be subject to the
federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards, 2 C F R. Part 200
(b) The Recipient shall retain sufficient records to show its compliance with the terms of
this Agreement, and the compliance of all subcontractors or consultants paid from funds under this
Agreement, for a period of five years from the date the audit report is issued, and shall allow the Division
or its designee, the State Chief Financial Officer or the State Auditor General access to the records upon
request. The Recipient shall ensure that audit working papers are available to them upon request for a
207
period of five years from the date the audit report is issued, unless extended in writing by the Division
The five year period may be extended for the following exceptions
1 If any litigation, claim or audit is started before the five year period expires,
and extends beyond the five year period, the records shall be retained until all litigation, claims or audit
findings involving the records have been resolved
2 Records for the disposition of non-expendable personal property valued at
$5,000 or more at the time it is acquired shall be retained for five years after final disposition
3 Records relating to real property acquired shall be retained for five years after
the closing on the transfer of title
(c) The Recipient shall maintain all records for the Recipient and for all subcontractors or
consultants to be paid from funds provided under this Agreement, including documentation of all program
costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget
and Scope of Work -Attachment A-and all other applicable laws and regulations.
(d) The Recipient, its employees or agents, including all subcontractors or consultants to
be paid from funds provided under this Agreement, shall allow access to its records at reasonable times
to the Division, its employees, and agents. 'Reasonable"shall ordinarily mean during normal business
hours of 8,00 a.m to 5 00 p m , local time, on Monday through Friday "Agents"shall include, but not be
limited to, auditors retained by the Division
(6) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and expenditure of
funds under this Agreement.
(b) These records shall be available at reasonable times for inspection, review, or audit
by state personnel and other personnel authorized by the Division. 'Reasonable" shall ordinarily mean
normal business hours of 8.00 a.m to 5 00 p m , local time, Monday through Friday
(c) The Recipient shall provide the Division with the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds awarded under this
Agreement.
(d) If the Recipient is a nonstate entity as defined by Section 215 97, Fla. Stat., it shall
comply with the following.
If the Recipient expends a total amount of State financial assistance equal to or more than
$500,000 in any fiscal year of such Recipient, the Recipient must have a State single or project-specific
audit for such fiscal year in accordance with Section 215 97, Fla. Stat., applicable rules of the Executive
Office of the Governor and the Chief Financial Officer; and Chapters 10 550 (local government entities) or
10 650(nonprofit and for-profit organizations), Rules of the Auditor General EXHIBIT 1 to this
Agreement shows the State financial assistance awarded by this Agreement. In determining the State
financial assistance expended in its fiscal year, the Recipient shall include all sources of State financial
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assistance, including State funds received from the Division, other state agencies, and other nonstate
1 entities State financial assistance does not include Federal direct or pass-through awards and resources
received by a nonstate entity for Federal program matching requirements.
In connection with the audit requirements addressed in this Paragraph 6(d)above, the Recipient
shall ensure that the audit complies with the requirements of Section 215 97(8), Fla. Stat. This includes
submission of a reporting package as defined by Section 215 97(2)(e), Fla. Stat. and Chapters 10 550
(local governmental entities)or 10 650(nonprofit and for-profit organizations), Rules of the Auditor
General
If the Recipient expends less than$500,000 in State financial assistance in its fiscal year, an
audit conducted in accordance with the provisions of Section 215 97, Fla. Stat, is not required In the
event that the Recipient expends less than $500,000 in state financial assistance in its fiscal year and
elects to have an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat, the cost
of the audit must be paid from the nonstate entity's resources (i.e, the cost of such an audit must be paid
from the Recipient's resources obtained from other than State entities). Additional information on the
Florida Single Audit Act may be found at the following website.
https.//apps.fldfs.com/fsaa/singleauditact aspx.
(e) Report Submission
1 The annual financial audit report shall include all management letters and the
Recipient's response to all findings, including corrective actions to be taken
2. The annual financial audit report shall include a schedule of financial
assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement
number
3 Copies of financial reporting packages required under this Paragraph 6 shall
be submitted by or on behalf of the Recipient directly to each of the following:
The Division of Emergency Management at the following addresses
Division of Emergency Management
Office of Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
OR
DEMSingle_Audit@em.myflorida corn
The Auditor General's Office at the following address.
Auditor General's Office
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
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4 Any reports, management letter, or other information required to be submitted
to the Division of Emergency Management pursuant to this Agreement shall be submitted on time as
required under OMB Circular A-133, Florida Statutes, and Chapters 10 550 (local governmental entities)
or 10 650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable
5 Recipients, when submitting financial reporting packages to the Division of
Emergency Management for audits done in accordance with 2 C F R. Part 200 or Chapters 10 550(local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General,
should indicate the date that the reporting package was delivered to the Recipient in correspondence
accompanying the reporting package
(f) If the audit shows that all or any portion of the funds disbursed hereunder were not
spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for
reimbursement to the Division of all funds not spent in accordance with these applicable regulations and
Agreement provisions within thirty days after the Division has notified the Recipient of such non-
compliance.
(g) The Recipient shall have all audits completed in accordance with Section 215 97, Fla.
Stat. by an independent certified public accountant(IPA) who shall either be a certified public accountant
or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied
with the applicable provisions noted above. The audit must be submitted to the Division no later than
nine(9) months from the end of the Recipient's fiscal year
(7) REPORTS
(a) The Recipient shall provide the Division with quarterly reports and a close-out report.
These reports shall include the current status and progress by the Recipient and all subrecipients and
subcontractors in completing the work described in the Scope of Work and the expenditure of funds under
this Agreement, in addition to any other information requested by the Division
(b) Quarterly reports are due to the Division no later than 30 days after the end of each
quarter of the program year and shall be sent each quarter until submission of the administrative close-
out report. The ending dates for each quarter of the program year are March 31, June 30, September 30
and December 31
(c) The close-out report is due 60 days after termination of this Agreement or 60 days
after completion of the activities contained in this Agreement, whichever first occurs
(d) If all required reports and copies are not sent to the Division or are not completed in a
manner acceptable to the Division, the Division may withhold further payments until they are completed or
may take other action as stated in Paragraph (11) REMEDIES "Acceptable to the Division" means that
the work product was completed in accordance with the Budget and Scope of Work.
(e) The Recipient shall provide additional program updates or information that may be
required by the Division
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(f) The Recipient shall provide additional reports and information identified in
Attachment D
(8) MONITORING
The Recipient shall monitor its performance under this Agreement, as well as that of its
subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that
time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished
within the specified time periods, and other performance goals are being achieved. A review shall be
done for each function or activity in Attachment A to this Agreement, and reported in the quarterly report.
In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring
procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, and/or
other procedures. The Recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Division In the event that the Division determines that
a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional
instructions provided by the Division to the Recipient regarding such audit. The Recipient further agrees
to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the
Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance
and financial management by the Recipient throughout the contract term to ensure timely completion of
all tasks.
(9) LIABILITY
(a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla.
Stat., the Recipient is solely responsible to parties it deals with in carrying out the terms of this
Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties
arising from the work performance under this Agreement. For purposes of this Agreement, Recipient
agrees that it is not an employee or agent of the Division, but is an independent contractor
(b) Any Recipient which is a state agency or subdivision, as defined in Section 768 28,
Fla. Stat., agrees to be fully responsible for its negligent or tortious acts or omissions which result in
claims or suits against the Division, and agrees to be liable for any damages proximately caused by the
acts or omissions to the extent set forth in Section 768 28, Fla. Stat. Nothing herein is intended to serve
as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies Nothing herein
shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third
parties in any matter arising out of any contract.
(10) DEFAULT
If any of the following events occur("Events of Default'), all obligations on the part of the
Division to make further payment of funds shall, if the Division elects, terminate and the Division has the
option to exercise any of its remedies set forth in Paragraph (11) However, the Division may make
payments or partial payments after any Events of Default without waiving the right to exercise such
remedies, and without becoming liable to make any further payment:
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(a) If any warranty or representation made by the Recipient in this Agreement or any
previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient
fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous
agreement g ent with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its
obligations under this Agreement;
b If material adverse changes occur in the financial
9 condition of the Recipient at any
time during the term of this Agreement, and the Recipient fails to cure this adverse change within thirty
days from the date written notice is sent by the Division
(c) If any reports required by this Agreement have not been submitted to the Division or
have been submitted with incorrect, incomplete or insufficient information,
(d) If the Recipient has failed to perform and complete on time any of its obligations
under this Agreement.
(11) REMEDIES
If an Event of Default occurs, then the Division shall, after thirty calendar days written
notice to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one
or more of the following remedies, either concurrently or consecutively-
(a) Terminate this Agreement, provided that the Recipient is given at least thirty days
prior written notice of the termination The notice shall be effective when placed in the United States, first
class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address in
paragraph (13)herein,
(b) Begin an appropriate legal or equitable action to enforce performance of this
Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Require that the Recipient refund to the Division any monies used for ineligible
purposes under the laws, rules and regulations governing the use of these funds
(e) Exercise any corrective or remedial actions, to include but not be limited to-
1. request additional information from the Recipient to determine the reasons for
or the extent of non-compliance or lack of performance,
2 issue a written warning to advise that more serious measures may be taken if
the situation is not corrected,
3 advise the Recipient to suspend, discontinue or refrain from incurring costs for
any activities in question or
4 require the Recipient to reimburse the Division for the amount of costs incurred
for any items determined to be ineligible,
(f) Exercise any other rights or remedies which may be available under law
(g) Pursuing any of the above remedies will not stop the Division from pursuing any other
remedies in this Agreement or provided at law or in equity If the Division waives any right or remedy in
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212
this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive
any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the
Division for any other default by the Recipient.
(12) TERMINATION
(a) The Division may terminate this Agreement for cause after thirty days written notice`
Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations,
failure to perform on time, and refusal by the Recipient to permit public access to any document, paper,
letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended
(b)The Division may terminate this Agreement for convenience or when it determines, in
its sole discretion, that continuing the Agreement would not produce beneficial results in line with the
further expenditure of funds, by providing the Recipient with thirty calendar days prior written notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience
through a written amendment of this Agreement. The amendment will state the effective date of the
termination and the procedures for proper closeout of the Agreement.
(d) In the event that this Agreement is terminated, the Recipient will not incur new
obligations for the terminated portion of the Agreement after the Recipient has received the notification of
termination The Recipient will cancel as many outstanding obligations as possible. Costs incurred after
receipt of the termination notice will be disallowed The Recipient shall not be relieved of liability to the
Division because of any breach of Agreement by the Recipient. The Division may, to the extent
authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of
damages due the Division from the Recipient is determined
(13) NOTICE AND CONTACT
(a) All notices provided under or pursuant to this Agreement shall be in writing, either by
hand delivery, or first class, certified mail, return receipt requested, to the representative named below, at
the address below, and this notification attached to the original of this Agreement.
(b) The name and address of the Division contract manager for this Agreement is
Paul Wotherspoon
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
Telephone 850-413-9913, Cell: 850-528-8975
Fax: 850-488-6250
Email: paul.wotherspoon@em myflorida.com
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II
(c) The name and address of the Representative of the Recipient responsible for the administration of
this Agreement is
John King, Director
Indian River County Dept. of Emergency Services
4225 43rd Avenue
Vero Beach, FL 32967
Telephone: (772) 226-3859
Fax: (772) 567-9323
Email: 0king C&-ircgov.com
(d) In the event that different representatives or addresses are designated by either party
after execution of this Agreement, notice of the name, title and address of the new representative will be
provided as outlined in (13)(a) above.
(14) SUBCONTRACTS
If the Recipient subcontracts any of the work required under this Agreement, a copy of the
unsigned subcontract must be forwarded to the Division for review and approval before it is executed by
the Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by
the terms of this Agreement, (ii)the subcontractor is bound by all applicable state and federal laws and
regulations, and (iii)the subcontractor shall hold the Division and Recipient harmless against all claims of
whatever nature arising out of the subcontractor's performance of work under this Agreement, to the
extent allowed and required by law. The Recipient shall document in the quarterly report the
subcontractor's progress in performing its work under this Agreement.
For each subcontract, the Recipient shall provide a written statement to the Division as to
whether that subcontractor is a minority business enterprise, as defined in Section 288 703, Fla. Stat.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments, the language of the attachments shall control, but only to the extent of
the conflict or inconsistency.
(c) This Agreement has the following attachments
Exhibit 1 - Funding Sources
Attachment A—Budget, Scope of Work, and Deliverables
Attachment B— Program Statutes and Regulations
Attachment C—302 Facility List
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Attachment F—Warranties and Representations
Attachment G—Certification Regarding Debarment
Attachment H --Statement of Assurances
Attachment I—Facility Checklist and CAMEO Guide
Attachment J—Site Visit and Certification Form
Attachment K—Statement of Determination
Attachment L—Hazards Analysis Review Criteria
(17) FUNDING/CONSIDERATION
(a) This is a fixed fee agreement, in an amount not to exceed $3,388.00, subject to the
availability of funds
(b) Any advance payment under this Agreement is subject to Section 216 181(16),
Fla.Stat., and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph
(12)(b)of this Agreement. The amount which maybe advanced may not exceed the expected cash
needs of the Recipient within the first three(3) months of the contract term. For a federally funded
contract, any advance payment is also subject to federal OMB Circulars A-87, A-110,A-122 and the Cash
Management Improvement Act of 1990 All advances are required to be held in an interest-bearing
account. If an advance payment is requested, the budget data on which the request is based and a
justification statement shall be included in this Agreement as Attachment E Attachment E will specify the
amount of advance payment needed and provide an explanation of the necessity for and proposed use of
these funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the
submittal of a request for advanced payment.
(c) After the initial advance, if any, payment shall be made on a reimbursement basis as
needed The Recipient agrees to expend funds in accordance with the Budget and Scope of Work,
Attachment A of this Agreement.
(d) Invoices shall be submitted at least quarterly and shall include the supporting
documentation for all costs of the project or services. Invoices shall be accompanied by a statement
signed and dated by an authorized representative of the Recipient certifying that"all disbursements made
in accordance with conditions of the Division agreement and payment is due and has not been previously
requested for these amounts." The supporting documentation must comply with the documentation
requirements of applicable OMB Circular Cost Principles The final invoice shall be submitted within sixty
(60) days after the expiration date of the agreement. An explanation of any circumstances prohibiting the
submittal of quarterly invoices shall be submitted to the Division contract manager as part of the
Recipient's quarterly reporting as referenced in Paragraph 7 of this Agreement.
If the necessary funds are not available to fund this Agreement as a result of action by the United.
States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or
under subparagraph (19)(h)of this Agreement, all obligations on the part of the Division to make any
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furtherment
a
p y of funds shall terminate, and the Recipient shall submit its closeout report within thirty
days of receiving notice from the Division.
(18) REPAYMENTS
All refunds or repayments due to the Division under this Agreement are to be made payable to
the order of"Division of Emergency Management", and mailed directly to the following address-
Division of Emergency Management
Cashier
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
In accordance with Section 215 34(2), Fla. Stat., if a check or other draft is returned to the Division for
collection, Recipient shall pay the Division a service fee of$15 00 or 5% of the face amount of the
returned check or draft, whichever is greater
(19) MANDATED CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this Agreement, in
any later submission or response to a Division request, or in any submission or response to fulfill the
requirements of this Agreement. All of said information, representations, and materials is incorporated by
reference The inaccuracy of the submissions or any material changes shall, at the option of the Division
and with thirty days written notice to the Recipient, cause the termination of this Agreement and the
release of the Division from all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue
for any actions arising out of this Agreement shall be in the Circuit Court of Leon County If any provision
of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision
shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other
provision of this Agreement.
(c) Any power of approval or disapproval granted to the Division under the terms of this
Agreement shall survive the term of this Agreement.
(d) This Agreement may be executed in any number of counterparts, any one of which
may be taken as an original
(e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law
101-336, 42 U S C Section 12101 et seg.), which prohibits discrimination by public and private entities on
the basis of disability in employment, public accommodations, transportation, State and local government
services, and telecommunications.
(f) Those who have been placed on the convicted vendor list following a conviction for a
public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public entity for the
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216
construction or repair of a public building or public work, may not submit bids on leases of real property to
a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with a public entity, and may not transact business with any public entity in
excess of$25,000 00 for a period of 36 months from the date of being placed on the convicted vendor list
or on the discriminatory vendor list.
(g) Any Recipient which is not a local government or state agency, and which receives
funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief,
that it and its principals
1 are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
2 have not, within a five-year period preceding this proposal been convicted of
or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public(federal, state or local)transaction or contract under public
transaction, violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property;
3 are not presently indicted or otherwise criminally or civilly charged by a
governmental entity(federal, state or local)with commission of any offenses enumerated in paragraph
19(g)2. of this certification, and
4 have not within a five-year period preceding this Agreement had one or more
public transactions(federal, state or local)terminated for cause or default.
If the Recipient is unable to certify to any of the statements in this certification, then the Recipient
shall attach an explanation to this Agreement.
In addition, the Recipient shall send to the Division (by email or by facsimiletransmission)
the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary
Exclusion" (Attachment G)for each intended subcontractor which Recipient plans to fund under
this Agreement. The form must be received by the Division before the Recipient enters into a
contract with any subcontractor.
(h) The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with Chapter 216, Fla. Stat. or the Florida Constitution.
(i) All bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof
(j) Any bills for travel expenses shall be submitted in accordance with Section 112.061,
Fla. Stat.
(k) The Division reserves the right to unilaterally cancel this Agreement if the Recipient
refuses to allow public access to all documents, papers, letters or other material subject to the provisions
of Chapter 119, Fla. Stat., which the Recipient created or received under this Agreement.
217
(1) If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Division or be applied against the
Division's obligation to pay the contract amount.
(m) The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S C Section 1324a(e) [Section 274A(e)of the Immigration and Nationality Act
("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation
of Section 274A(e)of the INA. Such violation by the Recipient of the employment provisions contained in
Section 274A(e)of the INA shall be grounds for unilateral cancellation of this Agreement by the Division
(n) The Recipient is subject to Florida's Government in the Sunshine Law(Section
286 011, Fla. Stat.)with respect to the meetings of the Recipient's governing board or the meetings of
any subcommittee making recommendations to the governing board. All of these meetings shall be
publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available
to the public in accordance with Chapter 119, Fla. Stat.
(o)' All expenditures of state financial assistance shall be in compliance with the laws,
rules and regulations applicable to expenditures of State funds, including but not limited to, the Reference
Guide for State Expenditures.
(p) The Agreement may be charged only with allowable costs resulting from obligations
incurred during the term of the Agreement.
(q) Any balances of unobligated cash that have been advanced or paid that are not
authorized to be retained for direct program costs in a subsequent period must be refunded to the State
(20) LOBBYING PROHIBITION
(a) No funds or other resources received from the Division under this Agreement may be
used directly or indirectly to influence legislation or any other official action by the Florida Legislature or
any state agency.
(b) The Recipient certifies, by its signature to this Agreement, that to the best of his or
her knowledge and belief, -
1 No Federal appropriated funds have been paid or will be paid, by or on behalf
of the Recipient, to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative
agreement.
2 If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
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connection with this Federal contract, grant, loan or cooperative agreement, the Recipient shall complete
and submit Standard Form-LLL, "Disclosure of Lobbying Activities."
3 The Recipient shall require that this certification be included in the award
documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements)and that all subrecipients shall certify and disclose
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, U.S Code Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure
(21) COPYRIGHT, PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA.
ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE
OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF
FLORIDA.
(a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all
rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise
(b) If any discovery or invention is developed in the course of or as a result of work or
services performed under this Agreement, or in any way connected with it, the Recipient shall refer the
discovery or invention to the Division for a determination whether the State of Florida will seek patent
protection in its name Any patent rights accruing under or in connection with the performance of this
Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable
material are produced, the Recipient shall notify the Division. Any copyrights accruing under or in
connection with the performance under this Agreement are transferred by the Recipient to the State of
Florida. --
(c) Within thirty days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relating to the performance of this Agreement which he or she knows or should
know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any
pre-existing intellectual property which is disclosed Failure to disclose will indicate that no such property
exists The Division shall then, under Paragraph (b), have the right to all patents and copyrights which
accrue during performance of the Agreement.
(22) LEGAL AUTHORIZATION
The Recipient certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of this Agreement.
The Recipient also certifies that the undersigned person has the authority to legally execute and bind
Recipient to the terms of this Agreement.
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(23) ASSURANCES
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment H
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
.RECIPIENT:
Indian River County
By-
Name and title- _ Bob Solari., rha i rma n
Date: ,7lllY 1 2 , 2116
FID#
STATE OF FLORIDA
DIVISION OF EMERGENCY MANGEMENT
By.
Name and Title Jonathan Lord, Deputy Director, Florida Division of Emergen4 Management
Date:
APPROVED
aunl Ad inisrraeor APPROVED AS TO FORM
C
AND LEGAL SUFFICIENCY
BY
DYLAN REINGOLD
Attest: Jeffrey R. Smith, Clerk of COUNTY ATTORNEY
Court and Comptroller
By:
Deputy Clerk
is
220
EXHIBIT—1
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST
OF THE FOLLOWING
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
NOTE. If the resources awarded to the recipient for matching represent more than one Federal program
Provide the same information shown below for each Federal program and show total State resources
awarded for matching.
Federal Program (list Federal agency, Catalog of Federal Domestic Assistance title and number)
amount
SUBJECT TO SECTION 215.97
FLORIDA STATUTES.
NOTE. If the resources awarded to the recipient represent more than one State project provide the same
information shown below for each State proiect and show total state financial assistance awarded that is
subiect to Section 215.97 Florida Statutes r
State Project-
State awarding agency- Florida Division of Emergency Management
Catalog of State Financial Assistance title Hazardous Materials Planning & Prevention Program
Catalog of State Financial Assistance number 31.067
$3,388.00 (amount)
COMPLIANCE-REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO
THIS AGREEMENT ARE AS FOLLOWS-
List applicable compliance requirements as follows:
1 First applicable compliance requirement (e g, what services/purposes resources must be used
for).
2 Second applicable compliance requirement (e.g., eligibility requirements for recipients of the
resources)
3. Etc.
State awarding agency may elect to use language that requires the recipient to comply with the
requirements of applicable provisions of specific laws, rules, regulations, etc. NOTE. Instead of listing the
specific compliance requirements as shown above, in the example, the language may state that the
recipient must comply with a specific law(s), rule(s), or regulation(s) that pertains to how the awarded
resources must be used or how eligibility determinations are to be made The State awarding agency, if
practical, may want to attach a copy of the specific law, rule, or regulation referred to
NOTE. 2 C F R. Part 200, and Section 215 97(5)(a), Florida Statutes, require that the information about
Federal Programs and State Projects included in Exhibit 1 be provided to the recipient.
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Attachment A
Budget
Subgrantee: Indian River County Contract Number: 17-CP-11-10-40-01-XXX
1 First Payment(45% of contract amount) $
(50% Hazards Analyses submitted and approved)
2. Second Payment(45% of contract amount) $
(50% Hazards Analyses submitted and approved)
3 Final Payment(10% of contract amount) $
(approval, distribution & notification)
TOTAL AMOUNT $
is
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Attachment A
DELIVERABLES AND
PERFORMANCE
Deliverable Financial
� Deliverables Minimum Performance Price
Consequences
Within 30 days of receipt of the
executed contract submit
electronically,3 sample CAMEO
hazard analyses chosen from 1. Each CAMEO facility file must
1 facilities identified in Attachment C. contain complete,correct and
Must be in compliance with Section accurate information required in No payment
C of the Scope of Work. DEM will Section C of the Scope of Work.
review the sample and provide
constructive feedback within 10
business days.
Not later than November 1,2016
provide complete CAMEO files in
compliance with Section C,Scope of 1 Each CAMEO facility file must
Work,on 50%of facilities identified contain complete,correct and
in Attachment C.Include a listst of accurate information required in
facilities visited. DEM staff Section C of the Scope of Work. Payment will be reduced
review the deliverables within 21 2.A signed Site Visit Certification by$110.00 per Facility
2 Form and Site Plan in accordance with 45%of Contract
business days of receipt and Amount with incorrect or
provide general feedback on any SOW Section D for each facility.For incomplete CAMEO files
errors. DEM staff WILL NOT make sulfuric acid(batteries)facilities,the after initial review
corrections to the files. Recipient site visit form must contain the date
will have 10 business days from facility was called and the person that
time of receipt to return corrected " responded to the EPCRA inquiries.
files.
Not later than March 1, 2017
provide complete CAMEO files in
compliance with Section C,Scope of 1. Each CAMEO facility file must
Work,on 50%of facilities identified contain complete,correct and
in Attachment C. Include a list of accurate information required in
facilities visited. DEM staff will Section C of the Scope of Work.
2.A signed Site Visit Certification Payment will be reduced
3 review the deliverables within 21 45%of Contract by$110.00 per Facility
business days of receipt and Form and Site Plan in accordance with
y p SOW Section D for each facility For Amount with incorrect or
provide general feedback on any incomplete CAMEO files
errors.DEM staff WILL NOT make sulfuric acid(batteries)facilities,the
corrections to the files. Recipient site visit form must contain the date
will have 10 business days from facility was called and the person that
time of receipt to return corrected
responded to the EPCRA inquiries.
files.
1. Provide a complete correct copy of
the approved hazards analysis file
1.Not later than May 15, 2017 (Completed CAMEO file in compliance
provide completed Hazards Analysis with Section C,Scope of Work)to the
(CAMEO File)to the Local Local Emergency Planning Committee Payment will not be
Emergency Planning Committee (LEPC)and provide the Division with a made without required
4 and provide DEM with transmittal co of the transmittal letter of the
copy
contract amount transmittal and
Notify first responders and 2. Notify all Attachment C facilities notification letters/E-
Attachment C facilities of the and first responders of the availability mails.
availability of the file. Provide DEM of the hazards analysis information,
with transmittal and make that information available
upon request.Submit a copy of the
notification to the Division
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Attachment A
SCOPE OF WORK
Purpose
On October 17, 1986, Congress enacted the Emergency Planning and Community Right to Know Act
(EPCRA), also known as Title III of the Superfund Amendments and Reauthorization Act(SARA) EPCRA
• requires hazardous chemical emergency planning by Federal, State and local governments, Indian
Tribes, and industry. Additionally, EPCRA required industry to report on the storage, use and releases of
certain hazardous materials
At the Federal level, the U.S Department of Environmental Protection Agency(EPA) administers EPCRA.
At the state level, the Florida Division of Emergency Management (DEM) serves as the lead agency
responsible for oversight and coordination of the local planning efforts required by EPCRA. Chaired by
the Director of DEM, the State Emergency Response Commission for Hazardous Materials (SERC)
serves as a technical advisor and information clearinghouse for state and federal hazardous materials
programs.Additionally, the SERC conducts quarterly public meetings in varying locations throughout the
state. Currently, SERC membership consists of 28 Governor-appointed individuals who represent the
interests of state and local government, emergency services, industry and the environment.
At the district level, Regional Planning Councils (RPCs) each coordinate the activities of a Local Planning
Committee(LEPC)that: (1) performs outreach functions to increase hazardous materials awareness, (2)
collects data on hazardous materials stored within the geographical boundaries of the RPC, (3) develops
hazardous materials emergency plans for use in responding to and recovering from a release or spill of
hazardous or toxic substances; (4) submits hazardous materials emergency plans to the SERC for
review; (5) provides the public with hazardous materials information upon request. LEPC membership
consists of local professionals representing occupational categories such as firefighting, law enforcement,
emergency management, health, environment, and/or transportation
At the local level, each of Florida's 67 counties performs a hazards analysis (county may elect to contract
to the RPC or qualified vendor) The county hazards analysis is used as input to the LEPC Emergency
Response Plan for Hazardous Substances required under EPCRA and encompasses, identification of
facilities and transportation routes of extremely hazards substances (EHS), description of emergency
response procedures, designation of a community coordinator and facility emergency coordinator(s) to
implement the plan, outline of emergency notification procedures, description of how to determine the
probable affected area and population by releases, description of local emergency equipment and
facilities and the persons responsible for them, outline of evacuation plans, a training program for
emergency responders; and, methods and schedules for exercising emergency response plans This
Agreement provides funding so that the Recipient, can assist in maintaining the capability necessary to
perform the duties and responsibilities required by EPCRA. The recipient shall update the hazards
analysis for all facilities listed in Attachment C, which have reported to the State Emergency Response
Commission the presence of those specific Extremely Hazardous Substances designated by the U S
Environmental Protection Agency in quantities above the Threshold Planning Quantity The data collected
under this Agreement will be used to comply with the planning requirements of the Superfund
Amendments and Reauthorization Act of 1986, Title III, "Emergency Planning and Community Right-To-
Know Act.of 1986" and the Florida Emergency Planning and Community Right-To-Know Act, Florida
Statutes, Chapter 252, Part 11
Requirements
A. The Recipient shall submit a list of facilities within the geographical boundaries of the County
listed on Attachment C that are suspected of not reporting to the State Emergency Response
Commission the presence of Extremely Hazardous Substances in quantities above the Threshold
Planning Quantity, as designated by the U S Environmental Protection Agency
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B The completed hazards analysis shall comply with the site-specific hazards analysis criteria
outlined below for each facility listed in Attachment C The primary guidance documents are
Attachment I (Hazards Analysis Contract Checklist and CAMEOfm Guide) to this Agreement and
the U S. Environmental Protection Agency's"Technical Guidance for Hazards Analysis"at;
https://www.eDa.gov/epera/technical-quidance-hazardous-analysis-emergency-planning
extremely-hazardous-substances All hazards analyses shall be consistent with the provisions
of these documents Any variation from the procedures outlined in these documents must be
requested in writing, submitted in advance and approved by the Division
C Conduct an on-site visit at each Attachment C facility to ensure accuracy of the hazards analysis
Each applicable facility's hazards analysis information shall be entered into the U S
Environmental Protection Agency's CAMEOfm version 3.2 (download from):
http://www.epa.gov/cameo/cameo-software. Each facility hazards analysis shall include, but is
not limited to, the following items
1 Facility Information (CAMEOfm Facility Page)
(a) Enter the facility name(per Attachment C) in the Facility Name field
(b) Enter the facility physical address (no Post Office Box) in the Street Address fields of
the Address tab
(c) Enter the geographic coordinates (in decimal degrees) in the latitude/longitude fields
of the Map Data tab
(d) Enter the maximum number of occupants present at the facility at any given time in
the Maximum Number of Occupants Fields on the ID and Regs tab The Facility
Manned tab must also be correctly checked. Select the correct check boxes
indicating if the facility is subject to section 112r and/or section 302 (All facilities
should be subject to 302 unless they submitted an SOD)
(e) Enter the Facility phone number in the Facility Phones tab field
(f) Enter the name, title and 24-hour phone number of the designated facility emergency
coordinator in the Contacts tab field
(g) Enter the main route(s) used to transport chemicals to the facility(from the County
line to the facility) in the notes tab of the Facility Page
(h) Enter the route(s) used to exit the Threat Zone(s) in the notes tab of the Facility Page
or link the facility to a Marplot map that graphically shows the evacuation routes This
image must be available off-line if this alternative method is selected A map-capture
from Marplot may be saved as an alternative method.
(i) Enter any past reportable releases that have occurred in the last five years at the
facility in the notes tab of the Facility Page Include a copy of the Section 304 follow-
up report submitted to the LEPC If it is determined that a facility has not have an
accident, that shall be noted
2. Hazard Identification (CAMEOfm Chemical in Inventory Page)
(a) For each Extremely Hazardous Substance present over the Threshold Planning
Quantity(TPQ), create a Chemical in Inventory page (if a Chemical in Inventory page
hasn't been created already) and enter the proper chemical name and Chemical
Abstract Service(CAS) number
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i
I
(b) On each Chemical in Inventory page created for each Extremely Hazardous
Substance present over the TPQ, enter in pounds(not range codes)the maximum
quantity of each Extremely Hazardous Substance in the Max Daily Amount field of
the Physical State and Quantity tab
(c) Enter the amount(in pounds)of each Extremely Hazardous Substance stored in the
largest container or interconnected containers in the Max amount in largest container
field of the Physical State and Quantity tab (this is the release amount used to
determine the Vulnerable Zone).
(d) Choose the appropriate description for the Type of storage container(drum, cylinder,
tank etc.), storage pressure (ambient, greater than ambient etc.)and storage
temperature(ambient, greater than ambient etc.)of each Extremely Hazardous
Substance in those fields on the Location tab
(e) For each Extremely Hazardous Substance over TPQ, On the Physical State&
Quantity tab check the appropriate boxes in the Physical State, Hazards and Health
Effects fields (information on the above may be found by clicking on the Datasheet
button which opens either the CAMEO Chemicals program or website.)
3. Vulnerability Analysis (CAMEOfm Scenario Page)
(a) For each Extremely Hazardous Substance present over the Threshold Planning
Quantity(TPQ), create a New Scenario page(if a Scenario page hasn't been created
already) and enter the maximum amount in the largest container or interconnected
containers in the Amount Released field of the Scenario Description tab
(b) On the Scenario page(s) Scenario Description tab, enter the concentration
percentage in the Concentration field.
(c) On the Scenario page(s) Scenario Description tab, enter the release duration in the
Release Duration field as follows
(1) Gases— 10 minutes
(2) Powders or solids in solution— 10 minutes
(3) Liquids—No value shall be entered
(d) Enter the proper natural physical state of the chemical at room temperature in the
physical state field (as specified in CAMEOfm Chemicals)
(e) On the Scenario page(s) Scenario Description tab, use the weather default settings
or, enter average wind speed Alternate scenarios may also be entered
(f) On the Scenario page(s) Scenario Description tab, rate the Risk, Consequences and
Overall Risk of a release occurring at the facility on the bottom of the Scenario Page
(the Risk Assessment should be based upon the Extremely Hazardous Substance,
previous release history, maintenance conditions etc )
(g) After entering the information noted above on the Scenario Description tab and
clicking on the Estimate Threat Zone Radius button, CAMEOfm will automatically
estimate the extent of the threat zone that may cause injury or death to human
populations following a release
(h) On the Scenario page(s) notes tab, enter an estimate of the total exposed population
within the threat zone(s) or link the facility location to a Marplot map where the threat
zone population may be estimated based on the most recently available Census dat.
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This image must be available off-line if this alternative method is selected. A map-
capture from Marplot may be saved as an alternative method If using this method
upload the map data image to the CAMEOfm Site Plan tab/Facility page and also
write on the Notes tab/Scenario page where the Total Exposed Population can be
found Add the file name (Example Total Exposed Population See Marplot map
(name of map SERC#TEP)
(i) On the Scenario page(s) notes tab, identify each critical facility by name and
maximum expected occupancy within the threat zone(s) (schools, day cares, public
safety facilities, hospitals, etc.) If there are no critical facilities within the threat
zone(s), that shall be noted. An alternative method is to link the facility location to a
Marplot map in which a critical facilities geographic shape filed has been loaded
Critical facilities files are available for downloading from the Florida Division of
Emergency Management CAMEO data portal. If using this method upload the map
data image to the CAMEOfm Site Plan tab/Facility page and also write on the Notes
tab/Scenario page where the Critical Facility information can be found Add the file
name. (Example Critical Facilities See Marplot map(name of map SERC#CF)
D Supporting documentation in the form of Site Visit Certification Form, Statement of Determination
or dated letter or email to the SERC, LEPC; and local fire department from the facility identifying
the reason the EHS is no longer present shall be submitted to the Division with a list of the
facilities for which a hazards analysis was not completed Section 302 site and need to be
removed from the official list of Section 302 sites for which hazards analyses are conducted
E. On-Site Visits
1 Conduct a detailed on-site visit, within the period of this Agreement, of all the facilities
listed in Attachment C, to confirm the accuracy and completeness of information in the
hazards analysis. If authorized by the Division, a new or alternate facility may be
substituted for a site that has previously had a hazards analysis conducted A change of
facilities after the agreement is executed will require a modification agreement.
2. Submit a completed Hazards Analysis Site Visit Certification Form (Attachment J)for
each facility to the Division (file name must contain at minimum the SERC number if
applicable and SV—if SERC number is not available facility name and SV—additional
info allowed but not required) Add the site visit certification form to the Site Plan
Tab of the CAMEOfm Facilities Page for each facility visited or contacted. Upload
the site visit certification form to the Site Plan Tab of the CAMEOfm Facilities Page
for each facility visited or contacted
(a) On-Site visit exception for sulfuric acid (batteries), this exception does NOT
apply to bulk storage of sulfuric acid.
(1) For facilities listed on Attachment C that report the presence of only sulfuric
acid in batteries, an initial on-site visit is required and an on-site visit form
(Attachment J)signed and dated by the facility representative and the
Recipient shall be submitted to the Division
(2) In Agreements subsequent to the initial on-site visit, the Recipient shall
contact the facility representative by email or telephone to verity the
presence of all extremely hazardous substances The on-site visit form shall
be signed by the Recipient and identify the date and facility contact
information Another on-site visit is not required in subsequent Agreements,
unless, the facility reports the presence of another extremely hazardous
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substance above TPQ Nothing additional is required to be changed or
updated in CAMEOfm for Sulfuric Acid (Battery) Exemption facilities.
(3) If a facility representative reports the presence of an extremely hazardous
substance other than sulfuric acid in batteries, subsequent to the period of
Agreement in which the initial site visit was conducted, the Recipient shall
conduct an on-site visit, complete all applicable CAMEOfm pages and tabs
and submit a completed on-site visit form (Attachment J)to the Division.
(4) A list of the facilities using the Sulfuric Acid (Battery) Exception must be
included with deliverable submittals
3 For each facility for which a hazard analysis is conducted, a site plan must be
added to the site plan tab of the CAMEOfm Facilities Page. (file name must contain at
minimum the SERC number if applicable and SP —if SERC number is not available
facility name and SP—additional info allowed but not required)The site plan shall contain
sufficient information to provide situational awareness and at a minimum include.
(a) Location of major building(s)
(b) Name and location of extremely hazardous substance(s) If multiple extremely
hazardous substances are co-located, noting EHS is acceptable
(c) Name and location of street(s) in immediate vicinity, minimum of one cross street and
street facility is located on.
(d) Identify pertinent access and egress point(s)
(e) Note any additional features pertinent to hazmat and medical response
F Ensure that the Hazards Analysis information is provided to the County for inclusion in the Local
Mitigation Plan.
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Attachment B
Program Statutes and Regulations
1 Emergency Planning and Community Right to Know Act (EPCRA), Title III of the Superfund
Amendments Reauthorization Act of 1986, 42 U S C s 1101, et seq (SARA)
2 Florida Emergency Planning and Community Right to Know Act, Chapter 252, Part II, Florida
Statutes
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ATTACHMENT C-INDIAN RIVER COUNTY SECTION 302 FACILITY LIST 2016-2017
SERC# Facility Name/Address County EHS Chemical Contact Number
AT&T-FLE0900
30425 1825 Old Dixie Highway Donald Carroll
g Y Indian River Sulfuric Acid
Vero Beach,32960 800-566-9347
Bellsouth-E8659
29563 5 South Ba Street Donald Carroll
Y Indian River Sulfuric Acid
Fellsmere,32948 800-566-9347
Bent Pine Golf Club
36487 6001 Club House Drive Indian River Sulfuric Acid Craig Waskow
Vero Beach,32966 772-567-6838
City of Vero Beach Municipal Power Plant
15008 10017 Street Indian River Sulfuric Acid James Stevens
Vero Beach,32961 772-978-5051
City of Vero Beach-WTP
1107 2515 Airport North Drive Indian River Ammonia(anhydrous) John Ten Eyck
Vero Beach,32960 772-978-5220
City of Vero Beach-WWTP
1108 17 17 Street Indian River Chlorine John Ten Eyck
Vero Beach,32960 772-978-5220
Comcast of CO/FL/MI/Nlvl/PA/WA LLC
39420 94012 Street Indian River Sulfuric Acid Greg Goode,
Vero Beach,32960 954-514-8347
CVS Distribution Center-8701
34821 2575-77 98 Avenue Indian River Sulfuric Acid James Akerman
Vero Beach,32966 772-774-2200
Indian River County-Hobart Reverse Osmosis Plant
22701 775158 AvenueHarold Seeley
Indian River Sulfuric Acid
Vero Beach,32967 772-569-5964
INEOS New Planet BioEnergy LLC
39458 925 74 Avenue Indian River Sulfuric Acid Gary Phillips
Vero Beach,32968 772-794-7909
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ATTACHMENT C-INDIAN RIVER COUNTY SECTION 302 FACILITY LIST 2016-2017
Indian River County-South County Reverse Osmosis
6689 1550 Southwest 9 Street Indian River Sulfuric Acid Michael Vernon
Vero Beach,32962 772-231-7176
Sears Roebuck Auto Center-6371
29094 6200 20 Street,Suite 300 Indian River Sulfuric Acid Marc Bates
Vero Beach,32966 772-579-2117
The Home Depot Store-0213
33834 1885 58 Avenue Indian River Sulfuric Acid lames Simmons
Vero Beach,32966 772-794-0566
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Attachment D
FINANCIAL INVOICE FORM
FOR
HAZARDOUS MATERIALS HAZARDS ANALYSIS UPDATE
RECIPIENT Indian River County AGREEMENT# 17-CP-11-10-40-01-XXX
AMOUNT AMOUNT APPROVED
REQUESTED BY THE
BY THE RECIPIENT DIVISION
1 First Payment (45%of contract amount) $ $
(50% Hazards Analyses submitted and approved)
2. Second Payment(45% of contract amount) $ $
(50% Hazards Analyses submitted and approved)
3. Final Payment(10% of contract amount) $ $
(approval, distribution & notification)
TOTAL AMOUNT $ $
(To be completed by
the Division)
I certify that to the best of my knowledge and belief the billed costs are in accordance with the
terms of the Agreement.
Signature of Authorized Official/Title Date
TOTAL AMOUNT TO BE PAID AS OF
THIS INVOICE $
(To be completed by the Division)
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Attachment E
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
If you are requesting an advance,indicate same by checking the box below.
[ ] ADVANCE REQUESTED
Advance payment of$ is requested. Balance of
payments will be made on a reimbursement basis. These funds are
needed to pay staff,award benefits to clients,duplicate forms and
purchase start-up supplies and equipment. We would not be able to
operate the program without this advance.
If you are requesting an advance,complete the following chart and line item justification below.
ESTIMATED EXPENSES
` BUDGET CATEGORY/LINE ITEMS 20_-20_Anticipated Expenditures for First Three Months of
(list applicable line items) Contract
For example
ADMINISTRATIVE COSTS
(Include Secondary Administration.)
For example
PROGRAM EXPENSES
TOTAL EXPENSES
LINE ITEM JUSTIFICATION (For each line item,provide a detailed justification explaining the need for
the cash advance. The justification must include supporting documentation that clearly shows the advance
will be expended within the first ninety(90)days of the contract term. Support documentation should
include quotes for purchases,delivery timelines,salary and expense projections,etc.to provide the Division
reasonable and necessary support that the advance will be expended within the first ninety(90)days of the
contract term. Any advance funds not expended within the first ninety(90)days of the contract term shall be
returned to the Division Cashier,2555 Shumard Oak Boulevard,Tallahassee, Florida 32399, within thirty
(30)days of receipt,along with any interest earned on the advance)
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Attachment F
Warranties and Representations
Financial Management
Recipient's financial management system must include the following
(1) Accurate, current and complete disclosure of the financial results of this project or program
(2) Records that identify the source and use of funds for all activities These records shall
contain information pertaining to grant awards, authorizations, obligations, unobligated
balances, assets, outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets Recipient
shall safeguard all assets and assure that they are used solely for authorized purposes
(4) Comparison of expenditures with budget amounts for each Request For Payment.Whenever
appropriate, financial information should be related to performance and unit cost data
(5) Written procedures to determine whether costs are allowed and reasonable under the
provisions of the applicable OMB cost principles and the terms and conditions of this
Agreement.
(6) Cost accounting records that are supported by backup documentation
Competition
All procurement transactions shall be done in a manner to provide open and free competition The
Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that
may restrict or eliminate competition or otherwise restrain trade In order to ensure excellent contractor
performance and eliminate unfair competitive advantage, contractors that develop or draft specifications,
requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded
from competing for such procurements Awards shall be made to the bidder or offeror whose bid or offer
is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality
and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill
in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected
when it is in the Recipient's interest to do so
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Codes of Conduct
The Recipient shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts. No employee, officer, or agent shall participate in
the selection, award, or administration of a contract supported by public grant funds if a real or apparent
conflict of interest would be involved Such a conflict would arise when the employee, officer, or agent,
any member of his or her immediate family, his or her partner, or an organization which employs or is
about to employ any of the parties indicated, has a financial or other interest in the firm selected for an
award The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors or parties to subcontracts The standards of
conduct shall provide for disciplinary actions to be applied for violations of the standards by officers,
employees, or agents of the Recipient.
Business Hours
The Recipient shall have its offices open for business, with the entrance door open to the public, and at
least one employee on site, from Monday to-Friday 8 00 AM -5 00 PM
Licensing and Permittinq
All subcontractors or employees hired by the Recipient shall have all current licenses and permits
required for all of the particular work for which they are hired by the Recipient.
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Attachment G
Certification Regarding
Debarment, Suspension, Ineligibility
And Voluntary Exclusion
SubcontractoP Covered Transactions
(1) The prospective subcontractor of the Recipient, certifies, by
submission of this document, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency
(2) Where the Recipient's subcontractor is unable to certify to the above statement, the prospective
subcontractor shall attach an explanation to this form
SUBCONTRACTOR.
By:
Signature Recipient's Name
Name and Title DEM Contract Number
Street Address Project Number
City, State, Zip
Date
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Attachment H
Statement of Assurances
The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies,
guidelines and requirements, including OMB Circulars No A-21, A-110,A-122, A-128, A-87; E.0 12372
and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66,
Common rule, that govern the application, acceptance and use of Federal funds for this federally-assisted
project. Also the Applicant assures and certifies that:
1 It will comply with provisions of Federal law which limit certain political activities of employees of a
State or local unit of government whose principal employment is in connection with an activity financed in
whole or in part by Federal grants (5 USC 1501,et. seq )
2. It will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor
Standards Act.
3 It will establish safeguards to prohibit employees from using their positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or others, particularly
those with whom they have family, business, or other ties
4 It will give the sponsoring agency or the Comptroller General, through any authorized representative,
access to and the right to examine all records, books, papers, or documents related to the grant.
5. It will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the
accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of
Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication
from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is
under consideration for listing by the EPA.
6 In the event a Federal or State court or Federal or State administrative agency makes a finding of
discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or
disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil
Rights, Office of Justice Programs
7 It will provide an Equal Employment Opportunity Program if required to maintain one, where the
application is for$500,000 or more
8 DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS)As required by the Drug-Free
Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28
CFR Part 67 Sections 67 615 and 67 620
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Attachment I
Hazard Analysis Contract Checklist and CAMEOfm Guide
Facility Information (CAMEOfm Facility Page)
Facility Name(per Attachment C}(Facility Page)
Facility Physical Address(Facility Page)
Latitude and Longitude in Decimal Degrees(ex.30.197,-84.3621)(Map Data Tab on Facility Page)
Facility Phone Number (Facility Phones Tab on Facility Page)
Facility Emergency Coordinator Name,Title and 24-hour Emergency Phone Number (Contact Tab on Facility Page)
Transportation Route(s)(From County Line to the Facility)(Notes Tab on Facility Page)
Evacuation Route(s)to exit the Vulnerable Zone(Notes Tab on Facility Page)
Historical Accident Record(If none,please note)(Notes Tab on Facility Page)
Facility Maximum Occupancy(a minimum of one is required for unmanned facilities)(ID and Regs Codes Tab on facility Page)
Select correct check boxes for facilities subject or not subject to section 112r or section 302(ID and Regs Codes Tab on facility Page)
Hazard Identification(CAMEOfm Chemical in Inventory Page) (for each Extremely Hazardous Substance on site)
Proper Chemical Name(s)(Chemical in Inventory Page(s))
Chemical Abstract Service(CAS)Number(Chemical in Inventory Page(s))
Physical State in Storage(ex.mixture,pure,liquid,gas}(Chemical in Inventory Page(s),Physical State and Quantity Tab)
Maximum Quantity On-site in Pounds(Chemical in Inventory Page(s),Physical State and Quantity Tab)
Maximum amount in Largest Container or Interconnected Containers(Chemical in Inventory Page(s),Physical State and Quantih
Tab) {This figure will be used as the release amount to determine the vulnerable zone in the Scenario'
Type/Design,Pressure and Temperature of Container(s) (cylinder,battery,ambient etc.)(Chemical in Inventory Page(s),Location Tab)
Nature of the Hazard(ex.acute,chronic,fire,pressure,etc.)Chemical in Inventory Page(s),Physical State and Quantity Tab)
Vulnerability Analysis(CAMEOfm Scenario Page) (for each Extremely Hazardous Substance on site)
Enter maximum amount in largest container or interconnected containers in the Amount Released field (Scenario Description tab)
(Must match the Chemical in Inventory Page,Physical State and Quantity Tab,maximum amount in largest container figure)
Enter the concentration percentage in the Concentration field(Scenario Description tab)
Enter Release Duration(10 minutes for gases,solids in solution or powders;no entry for liquids is required)(Scenario Description tab)
Determine the natural Physical State of the chemical at room temp(specified in CAMEO Chemicals)and enter into the Physical State
field(Scenario Description tab)
Weather Information-Use the weather default settings or enter average wind speed(don't enter a value in the Wind From field)and
Urban or Forest is recommended in the Ground Roughness field.(Scenario Description tab)
Risk Assessment-Rate the Risk,Consequences and Overall Risk of a release occurring(based upon release history&maintenance etc.)
(Scenario Description tab)
Extent of Vulnerable Zone(CAMEO.automatically calculates Threat Zone Radius when Edit button and Estimate Threat Zone Radius
buttons are used)(Scenario Description tab)
Enter estimate of Total Exposed Population(Notes Tab on Scenario Page(s))
Enter Critical Facilities(name of critical facility(s)and max occupancy for each;if none,state No Critical Facilities)(Notes Tab on Scenario Page(s))
See scope of'work for alternatives.
On-Site Visits(for each Facility and within the Contract Period)
Site Visit Certification Form(Attached to Site Plan Tab on Facility Page)(file name must contain at minimum the SERC number if
applicable and SV—if SERC number is not available facility name and SV If it's a telephone call for the sulfuric acid exception the name
of the facility rep spoken to and date of call must be noted on the form. Additional info allowed but not required.)
Site Plan(Attached to Site Plan Tab on Facility Page)(file name must contain at minimum the SERC number if applicable and SP—if
SERC number is not available the facility name and SP—additional info allowed but not required.)
Sufficient Detail to Identify:
Location of Major Building(s)
Name and Location of Extremely Hazardous Substance(s)(if extremely hazardous materials are co-located,noting EHS is acceptable)
Name and Location of Street(s) ;At minimum street facility where facility is located and the nearest intersection or cross street.;
Identify Pertinent Access and Egress Points
Note Additional Features Pertinent to Hazardous Materials and Medical Response
32
238
Attachment J
i
FLORIDA STATE EMERGENCY RESPONSE COMMISSION FOR HAZARDOUS
MATERIALS
HAZARDS ANALYSIS SITE VISIT CERTIFICATION FORM
Facility Name (Please print)
Street Address, City & Zip Code (Please print)
County (Please print) SERC ID#
Name of Facility Representative (Please print)
Facility Representative Signature Site Visit Date
Site Visit Performed by (Please print)
Signature Site Visit Date
The individuals signing above certify that a hazards analysis site visit was conducted on the
above date.
Notes.
CJ Check if facility representative was informed about using E-Plan(https./lerplan.net/eplan/login.htm)for EPCRA
on-line filing
33
239
Attachment K
STATEMENT OF DETERMINATION
Facility Name
Physical Address (Street only)
City County LEPC District
I have determined that this facility is / is not subject to the following section(s) of EPCRA, Title III, for the
reporting ears indicated circle all a livable
SECTION 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019
302 / 303 Y / N Y/ N Y / N Y / N Y / N Y / N Y / N Y / N Y/ N Y / N Y / N
311 / 312 Y / N Y/ N Y / N Y / N Y / N Y / N Y / N Y / N Y/ N Y/ N Y / N
313 Y / N Y/ N Y / N Y / N Y / N Y / N Y / N Y / N Y / N Y/ N Y/ N
If "No" was indicated on any of the above, please check appropriate box(s) why:
Sections Extremely Hazardous Substances(EHSs)are/were present only in amounts less than established Threshold
302/303 Planning Quantities TPQs
No EHSs are Present.
No EHSs were present on-site during the year
Sections Hazardous chemicals/EHSs are/were present only in amounts below established reporting thresholds.
311/312
No hazardous chemicals/EHSs are/were present.
No hazardous chemicals were present on-site during the year
Section Not within covered SIC Codes.
313
Within covered SIC Codes, but less than ten(10)employees.
Within covered SIC Codes, but no Section 313 chemicals were present or were below Section 313 reporting
thresholds.
Other Closed facility Chemicals removed Chemicals 'Feduced below Date Effective:
YES/NO YES/NO threshold/TPQ YES/NO
New Facility Date chemicals brought on site meeting/exceeding TPQ:
Further explanation if necessary:
CERTIFICATION:
I understand the requirements of the law(s) circled above. I also understand that ultimate
compliance responsibility lies with me and failure to comply, if required, can result in civil and
criminal penalties under federal and state laws.
Name of owner/operator's authorized representative (printed):
Official Title (printed).
Si nature: JDate signed:
34
240
a
Attachment L
HAZARD ANALYSIS REVIEW CRITERIA
Facility Page
1. Facility Name
2. Facility Address
3. Facility Phone#
4. Name and phone number for 24-hour contact
5. Evacuation route(s)
6. Legible/Detailed Site Plan (SERC#SP) with location of EHS(s)
7. Site Visit Certification Form (SERC#SV)
8. Latitude & Longitude in Decimal/Degrees
9. Maximum No. of Occupants
Chemical In Inventory
1. Proper Chemical Name and Chemical Abstract Number
2. Max Daily Amount
3. Max Amount in Largest Container
Scenario Page
1. Amount Released (Must be the same as Max Amount in Largest Container)
2. Release Duration for Gases and Solids in Solution must be 10 Minutes
3. Natural Physical State
4. Risk Assessment
5. Estimate Threat Zone Radius
6. Name of Critical Facilities if None Indicate So
7. Estimate Total Exposed Population
8. SOD or Supporting Documentation
35
241
CONSENT AGENDA
INDIAN RIVER COUNTY
OFFICE OF MANAGEMENT AND BUDGET
PURCHASING DIVISION
DATE: July 1, 2016
TO: BOARD OF COUNTY COMMISSIONERS
THROUGH: Jason E. Brown, County Administrator
� 7
Mike Smykowski, Budget Director
FROM: Jennifer Hyde, Purchasing Manage
SUBJECT: Approval of Award for Bid 2016037— Headworks Screen and Compaction
Equipment Refurbishment
BACKGROUND:
The Department of Utility Services requested the solicitation of sealed bids for the refurbishment
of headworks equipment at the West and Central Wastewater Treatment Facilities (WWTFs). The
screens and compaction equipment are used to remove solids and debris from the wastewater as
part of the treatment process. Bids were solicited for the refurbishment of two bar screens and
one compactor at the Central facility and refurbishment of one bar screen and two compactors at
the West Facility. The bar screens were included within the FY15/16 Capital Budget at $150,000.00
and rehabilitation for the compactors was added to the project. While the manufacturer's
suggested service life for the equipment is five to seven years, the units at the Central WWTF are
12 years old and the West WWTF units are more than eight years old.
BID RESULTS:
Bid Opening Date: May 17, 2016
Advertising Date: April 16, 2016
Demandstar Broadcast to: 650 Subscribers
Specifications/Plans Downloaded by: 16 Vendors
Replies: 1 Vendor
'B•��}v_v�zCyT'�1s1,�`"7�;d`•c�=.���;�"�3's�4'rfi' ^.s; i';t-:,4���� 3�;• :r.;, -
Parkson Corporation Fort Lauderdale $274,295.00
242
CONSENT AGENDA
ANALYSIS:
Staff feels the specialized nature of the work and the recent merger of two providers (Parkson
Corporation acquired FilterOne USA in April of this year) led to the limited response. The
Department of Utility Services reviewed the bids received and has made its recommendation of
award to the lowest, responsive and responsible bidder, Parkson Corporation for the total contract
amount of $274,295.00. The department's estimated budget for the project was $150,000.00 in
the Capital Budget. The estimated cost to completely replace the units is $552,654.00. The project
has now been developed into an R&R project.
SOURCE OF FUNDS:
Funding in the amount of $274,295.00 will be made available in the capital account (47123536-
044699-16524) within the operating fund. The operating fund is derived from water and sewer
sales.
RECOMMENDATION:
Staff recommends the Board award Bid 2016037 to Parkson Corporation. Staff further
recommends the Board approve the attached agreement and authorize the Chairman to execute it
upon: review and approval by the County Attorney as to form and legal sufficiency, the approval of
the required Public Construction Bond by the County Attorney, and the review and approval of the
required insurance by Risk Management.
Attachment:
Agreement
APPROVED AWIVI
Indian River Co Appr Da
BY:
Admin
Jason E. row County Administrator Legal
Budget
Department CWd
FOR: Julv , 2016 Risk
243
Agreement
THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida
organized and existing under the Laws of the State of Florida, (hereinafter called OWNER)
and PARKSON CORPORATION (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,agree as follows:
ARTICLE 1 -WORK
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is
generally described as follows:
Headworks Screen and Compaction Equipment Refurbishment at the Central Regional Facility located at
3550 49th Street,Vero Beach and the West Regional Facility located at 8405 8th Street,Vero Beach.
ARTICLE 2-THE PROJECT
The Project for which the Work under the Contract Documents may be the whole or only a part is generally
described as follows:
Project Name: Headworks Screen and Compaction Equipment Refurbishment
Bid Number: 2016037
Project Address: Central Regional Facility located at 3550 49th Street,Vero Beach
and the West Regional Facility located at 8405 8th Street, Vero
Beach.
ARTICLE 3 -CONTRACT TIMES
3.01 Time of the Essence
A. All time limits for Milestones, if any,Substantial Completion,and completion and readiness for final
payment as stated in the specifications are of the essence of the Agreement.
3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment
A. The Work will be completed and ready for final payment on or before the 120th day after the date
when the Contract Times commence to run.
3.03 Liquidated Damages
A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER
will suffer financial loss if the Work is not completed within the times specified in paragraph 3.02
above, plus any extensions thereof allowed in writing as a change order to this Agreement.
Liquidated damages will commence for this portion of work.The parties also recognize the delays,
expense,and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER
if the Work is not completed on time. Accordingly,instead of requiring any such proof,OWNER and
CONTRACTOR agree that as liquidated damages for delay(but not as a penalty),CONTRACTOR shall
pay OWNER$1,148.00 for each calendar day that expires after the time specified in paragraph 3.02
Page 1 of 7
244
HARMONY RESERVE P.D. - PHASE IB PLAT BOOK
CERTIFICATE OF DEDICATION BEING A REPEAT OF A PORTION OF TRACT R.HARMONY RESERVE P.D.-PHASE 1A,AS FILED IN POET BOOK 28,
STATE OF FLORIDA PAGES 6-12.OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FLORIDA.LYING IN PORTIONS OF TRACTS 1,2,
I owl a NOUN FIVER 7 d 8.SECTION 32.TOWNSHIP 32 SOUTH,RANGE 39 EAST. PA GE
KNOW ALL NEN BY THESE PXSENT6.THAT INIIIFONY RESERVE.LLC,A KOREA,LIMITED LIA NUTY COMPANY.
,a. OWNER OF THE IMO OESCWBEO AND PLATTED HEREN,AS HARLAONY RESERVE PD.•PRASE IB
sEND W INDIAN FINER@R ODwTY.FLORIDA.HAS CAUSED wm wos TO BE SURVEYED AND PLAT As sNONYN ` OF"• J "�(.:. OOGYC£T NO.
HEREON AND DOES HERESY DEDCATE AS FOLLOWS: yQ5 ;PLMAAil G SLY
'Is AND RICNT40FAVAY Q�8 APPEAR _
ALL 6TEET8 AHO/BGHTSOFi AY GOWR CN THIS INAT AIX ALSO UTILITY EASEMENTS AND ARE HEREBY lil ay r' �,r'r + ! HARMONY 1 AIE]IANCNARO.PSW3 4.
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FOR THE OCSTRIJCTIOH INSTALLATION.MAINTENANCE AND OPCRATICN OF UTILITIES BY ANY UI6ITT PAGE 17
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COUlYOFINOUN RIVER UARSIGED PROFESSIONAL SURVEYOR AND NAPPER EMPLOYED BY THE BOARD OP STATE OF RORIDA CERTFlCAM OF AUTORIlATON NO. MOS
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—TED NAME PUTOP IARMONY RESERVE F.D.•E 10,AND THAT IT GpAPLIE8 WTH ML
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LAASG
R EWRDEO ON PAGE Of PT BOOK IN THE INDIAN RIVEN COUNTY SURVEYOR AND MAPPER
WAL, OFFICE OF THE CLERK OF CIRCUIT COURT OF INDIAN FINER COINTY,FLORIDA
ACCEPTANCE OF DEDICATIONS er I'i
INRMONY NEM VE PROPERTY DWNERD'ASSOLYATION,kNG HEREBY ACCEPTS THE DEDICATION OF STREETe DEPUO
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PLAT BOOK 28.PACES 6-12 �/ (FUTURE DEVELOPMENT) I 40'NLWr Cr WA Y LCA'[A nov
P.R.I.R.C.F / HARMONY RESERVE P.D. - PHASE to I O.R.8WC 28JZ PACE]tJ7 MONUMENT LEGEND
PLAT BOOK 28.PAGES 6-12 MONUMENTS ARE/MAT ARE DESCRIBED BCLON
PROPOSITRACT
/// P.R.LR.0 I to UNICSS OIHERMSE NOTED
STORMWATER TRACT�J m5R PETiYANEIT R6FAFNLL YOMAIpT(PRY)
HARMONY RESERVE P / 1 K OFOIAR)PERMANENT REfflKNCE YOYDNT(FRN)
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$Ertl'!'COwC A/OVUVENr I > iPAREl CORNER MARKER
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P.R.I.R.C.F 1
SHADOW BROOK
PLAT BOOK 9.
SANCTUARY O S" •IY /�' / / PAGE 17
PLAT BOOK 15. E=o��� / i / 3 p.RJ.E 17 I
PAGE 23 ^a W / / /
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HARMONY RESERVE P.D. - PHASE IB PT PE N8917'29
p7 MAICHUN�F.D-i PACE 6 PLAT B .
BEING A REPLAT OF A PORTION OF TRACT R.HARMONY RESERVE P,D.•PHASE 1A,AS FILED IN PLAT BOOK m,PAGES 6.12,OF THE PUBLIC RECORDS ERC /6]INEld'.B'1✓L_
OF INDIAN RIVER COUNTY,FLORIDA,LYING IN PORTIONS OF TRACTS 1,2.7 6 6,SECTION 92,TOWNSHIP 32 SOUTH,RANGE 79 EAST. O 2471-W 4200'00 LPI J 57
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[ABBREVIATIONS: PT-PONT OF TANGENCY I N89:N:66r 64,00• �1 1
CA-CENTRAL ANaE OF CURVE POC-PONT OF COMPOUND CURYAIURE N697(J6IF 6AOO L17 L/ 1 I 5171719'J!w 4S2.A7' PREPAREO ev
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SEC-SECTION I I �S'v' 45A 1 I 1 1 4A
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P"LCF-PUBLIC RECORDS OF INOM a
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MONUMENTS ARE Mur ARE OESCRID D BELOW I I I SBA
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BEING A REPLAT OF A PORTION OF TRACT R.HARMONY RESERVE P.D.-PHASE 1A,AS FILED IN PLAT
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MATCWINE C-C.SEE PAGE 8 OOQK£T NO.
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HARMONY RESERVE P.D. - PHASE IB Pr�,e
BEING A REPLAT OF A PORTION OF TRACT R.HARMONY RESERVE P.D.-PHASE IA,AS FILED IN PEAT
BOOK 28,PAGES 6-12,OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY,FLORIDA,LYING IN
PORTIONS OF TRACTS 1,2.7 a 8,SECTION 32,TONMSHIP 32 SOUTH RANGE 39 EAST PAGE
MATCHUNE.SCE PAGE 7
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1 TRACTS Al I 0PMOl CORNERIMARKER1 HAWgNY AT TRA EPO.-PHASE to I I I N69Y019 ITl.70 0NUNR PARCEL CORNEA MARKER
1 PU(
BOOK 26.PAGES 6i2 SFE STAMiLR'S NOTES FOR FULL
PAJ,R.0 F •q�j I I TCN OF SET PRWS AND CO4ER
N69I0 Y 1145! ' l Lina Table
n l I (NOT APART OF THIS PLAT) 1 1 1 1 Id u ti YARKEn�
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UWII S 11A a9b I3 82A EASEMENT LEGEND: LANE LENGTH BEARING
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w I r N IV �079w 47! UL-UTILITYEASOIaT
N6D'la79w 2De
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s I I 1 1 }�N PT-POINT OF TNNFENCT
PC 1 PCC-PONT OF COMPOUND CURVATURE V`3 29Y 5023'21 E
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HARMONY RESERVE P.D. - PHASE IB PLAT sow
BEING A REPLAT OF A PORTION OF TRACT R.HARMONY RESERVE P.D.-PHASE 1A,AS FILED IN PLAT
BOOK 28,PAGES 8-12,OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FLORIDA,LYING IN
PORTIONS OF TRACT9 2.Z.&8,SECTION 32,TOWNSHIP 32 SOUTH,RANGE 39 EAST. PA(
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OL-
DRAINAGE EASEMENT a 2-3 Cj do [zl za.sz' 1000 GO' 1!'x'09' SDYr31"r z39.1i
Y K A U.0-UTILITY EASEMENT Ifj U2 381' N07J'NY
R ABBREVIATIONGL X974% 99.09 I N891079 l7J OB d C22 216.55' 102100' 137008- SO19'3i w 2-3.95•
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6 �S L50 3,00' SD75'2.Y CIS 1202' 102100' Iv1'.9' S22i 502- 12.02'
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BEING A REPLAT OF A PORTON OF TRACT R.HARMONY RESERVE P.O.-PHASE 1A.AS FILED IN PLAT
BOOK 28,PAGES 6-12.OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY,FLORIDA,LYING IN
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HARMONY RESERVE P.D.- F. I 3 Ne9'1079Y JB2' 1
PHASE IA `?,.�yLIT I 1 1 ABBREVIATIONS.
PUT BOOKP.2D,PAGES 0-12 •'! �( NB9Y079 IN.017 1 V� CA-CENTRAL ANfxE OF CURVE
- o I R.-RADIUS OF CURVE
3 I O
I 1 (FUTURE DEVELOPEMENT) I L-U]MCTH OF CURVE I-
1 1+9 w V HARMONY RESERVE P.D. K
.-PHASE IA OL- ORO OF DIRDIRECTION AND LU1CM H
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TRACTU-1 49A 1n I 11N� PJUJLCT-R DUC RECORDS OF NOUN OVER
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MONUMENT LEGEND
Las3.aJNO252W ME-AT TAR
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PUT BOD(76,PAGES 6-12 ti +�
Ce 1969' 2500' 9056'2!" N45OJ'b'C 3565'
I � CURVE LABEL CURVATURE LEGEND:
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w
COUNTY DEED
INDIAN RIVER COUNTY, FLORIDA
THIS DEED, made this day of July, 2016, by INDIAN RIVER
COUNTY, FLORIDA, a political subdivision of the State of Florida, party of
the first part, whose mailing address is 1801 27th Street, Vero Beach, Florida
32960, and HARMONY RESERVE, LLC, a Florida limited liability company,
parry of the second part, whose mailing address is 3880 39th Square, Vero
Beach, Florida 32960.
WITNESSETH that the said party of the first part, for and in
consideration of the sum of Ten Dollars ($10.00) to it in hand paid by the party of
the second part, receipt whereof is hereby acknowledged, has granted,
bargained and sold to the party of the second part, its successors and assigns
forever, the following described land lying and being in Indian River County,
Florida:
See Exhibit "A" attached hereto.
IN WITNESS WHEREOF the said party of the first part has caused
these presents to be executed in its name by its Board of County
Commissioners, acting by the Chairman of said Board, the day and year
aforesaid.
INDIAN RIVER COUNTY, FLORIDA
By its Board of County Commissioners
Attest: Jeffrey R. Smith Clerk
of Court and Comptroller
By: By:
Deputy Clerk Bob Solari, Chairman
BCC approved:
(Official Seal)
This document was prepared by:
Indian River County Attorney's Office
1801 27th Street
Vero Beach, FL 32960
(772) 226-1425
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY
DYLAN REINGOLD
COUNTY ATTORNEY
SKETCH OF LEGAL DESCRIP TION
(NOT A SURVEY)
Report of Survey. Project # 14-028-59TH—NORTH DED)
• TYPE OF SURVEY. SKETCH OF DESCRIPTION — NOT A FIELD BOUNDARY SURVEY
• -EJRFARMW-BY:
OUSTON, SCHULKE, BITTLE & STODDARD, INC. LB.#6905
.b.o. MERIDIAN LAND SURVEYORS
1717 INDIAN RIVER BOULEVARD, SUITE 201
VERO BEACH, FLORIDA 32960
• PROFESSIONAL SURVEYOR & MAPPER IN RESPONSIBLE CHARGE:
CHARLES H. BLANCHARD, P.S.M. #5755
EXHIBIT "B"
6C-ZaQ L. 1)616�P;10 k/4109 SkrTDµ IX04 x7j
Legal Description:
A 30.00 FOOT WIDE PARCEL OF LAND BEING A PORTION OF THE PLAT OF ALBRECHT
ACRES SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 74 OF THE PUBLIC RECORDS
OF INDIAN RIVER COUNTY, FLORIDA LYING IN SECTION 32, TOWNSHIP 32 SOUTH, RANGE
39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SECTION 32, TOWNSHIP 32 SOUTH, RANGE 39
EAST, INDIAN RIVER COUNTY, FLORIDA; THENCE RUN SOUTH 89'52'18" WEST (BASIS OF
BEARINGS) ALONG THE NORTH UNE OF SAID SECTION 32, A DISTANCE OF 979.73 FEET;
THENCE LEAVING SAID NORTH UNE, RUN SOUTH 00'12'36" WEST, A DISTANCE OF 30.00
FEET TO THE SOUTH RIGHT OF WAY UNE OF INDIAN RIVER FARMS WATER CONTROL
DISTRICT SUB—LATERAL A-5 CANAL, SAID UNE ALSO BEING THE NORTH LINE OF SAID
ALBRECHT ACRES SUBDIVISION, SAID POINT ALSO BEING THE NORTHWEST CORNER OF LOT
2, SAID ALBRECHT ACRES SUBDIVISION AND THE POINT OF BEGINNING; THENCE CONTINUE
SOUTH 00'12'36"WEST ALONG THE WEST UNE OF LOTS 2 AND 5, SAID ALBRECHT ACRES
SUBDIVISION, A DISTANCE OF 646.12 FEET TO A POINT BEING THE SOUTHWEST CORNER
OF LOT 5, SAID ALBRECHT ACRES SUBDIVISION; THENCE RUN SOUTH 89'53'52" WEST, A
DISTANCE OF 30.00 FEET TO THE SOUTHEAST CORNER OF LOT 4, SAID ALBRECHT ACRES
SUBDIVISION; THENCE RUN NORTH 00'12'36' EAST ALONG THE EAST LINE OF LOTS 4 AND
3, SAID ALBRECHT ACRES SUBDIVISION, A DISTANCE OF 646.10 FEET TO THE SOUTH
RIGHT OF WAY LINE OF SAID INDIAN RIVER FARMS WATER CONTROL DISTRICT
SUB—LATERAL A-5 CANAL, SAID POINT ALSO BEING THE NORTHEAST CORNER OF LOT 3,
SAID ALBRECHT ACRES SUBDIVISION; THENCE RUN NORTH 8952'18" EAST ALONG SAID
SOUTH RIGHT OF WAY LINE. A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINING 0.45 ACRES, MORE OR LESS.
Legend & Abbreviations: (symbols not scaleable for size)
PLS — PROFESSIONAL LAND SURVEYOR CR — COUNTY ROAD
PSM — PROFESSIONAL SURVEYOR & MAPPER R/W — RIGHT OF WAY
LB — LAND SURVEYING BUSINESS O.R B. — OFFICIAL RECORD BOOK
Q — CENTERLINE P.O.C. — POINT OF COMMENCEMENT
M — MEASURED VALUE P.O.B — POINT OF BEGINNING
P — PLAT VALUE
SKETCH OF DESCRIPTION
PLAT OF SURVEY FOR: TROY PINNER
SKETCH OF LEGAL DESCRIPTION
NOT A BOUNDARY SURVEY
THIS S
MERIDIAN X&Y IS ROT VALID WITHOUT THE
9G UTURE AND THE ORIGIM RAISED SEAL OF
LAND SURVEYORS THE FLORIDA UCDNSED R RVEYOR NO RAPPER
1717 INDIAN RIVER BLVD,SUITE 201 NAMED BELOW.
VERO BEACH,FL.32960 LM905
PHONE:772-794-1213,FAA:772-794-1096
E-MAIL:LB6905fa1BELLSOUTH NET QiARLLS H. BIANCHARD, P.S.M.15755
PAGE 2 OF 2
SKETCH OF LEGAL DESCRIPTION
(NOT A SURVEY)
EXHIBIT "B"
P.O.C.
HE CORNER
S£CnaV
SDO'12'36'W 30.00 37TH STREET - RIGHT OF WAY VARIES 32-32-39
_ NORIH UNE OF SE'CAON 32-32-39 S8932'18'W 979.73'
SOUTH UNE OF SUB-LATER A-5 A
N.E CORNER LOT 3 NORTH UNE ALBRIWT O?ES SUS0111,90N
N89`S2'18'E 30.00 og� INDIAN R/VER FARMS W
.W LYd4NER WATER CON7RO_ D/STRICT
SUB-LA I
E UNE LOT 3 LOT 2 Sym AW A-5 CANAL >
(30•RIW, I
LOT 3 LOT 2 LOT 1 3
o v WUNE LOT 2 0 U
O
2b a x
�a c
mm mm w
W 3 W
N 1/2 LOT 4
25 vvv��i LOT 5 LOT 6 to
EUNFLOTI ""-WUNELOT 5
S 1/2 LOT 4 S W CORNER LOT 5
S8YW'52'W JaO0'
SE CORNER LOT f
FOVAV!NI C0A0%7F
MO www(NO CAP)
ALBRECHT ACRES ALBRECHT ACRES
PLAT BOOK 2, PAGE 74 PLAT BOOK 2, PAGE 74
LOT 9 LOT 8 LOT 7
LOT 10 LOT 11 LOT 12
SOUTH UNE ALBRECH ACRES S 801W57CW
GRAPHIC SCALE
SKETCH OF no 0 100 700
DESCRIPTION ® ® 1 I 1 I
SKETCH OF LEGAL DESCRIPAON ( IN FEET )
NOT A BOUNDARY SURVEY North 1 inch = 200 ft.
PROJ. NO. 14-028-59TH-NDED PLAT OF SURVEY FOR: TROY PINNER
OWN, BY: C.H.B. DATE: 06-20-16
CKD. BY: S.P.T.
MERIDIAN
THIS PLAT AND REPORT ARE NOT VALID WITHOUT THE SIGNATURE LAND SURVEYORS
AND THE ORIGINAL RAISED SEAL OF THE FLORIDA REGISTERED 1717 TNDIAN RIVER BLVD,sLm E SBI 61
SURVEYOR AND MAPPER NAMED HEREON WHICH SIGNATURE AND VERO BEACH.FL*329W L606905
SEAL MAY BE FOUND AT THE END OF THE ATTACHED REPORT. THE PHONE:772-793-1213,FA.'n2-794-1096
PLAT AND REPORT ARE NOT FULL AND COMPLETE WITHOUT ONE E-NATU LB690Ya BBLLSOlrTH.NET
OTHER.
PAGE 1 OF 2
Prepared by:
Office of County Attorney
INDIAN RIVER COUNTY
1801 2r Street
Vero Beach,FL 32960
772-226-1425
BILL OF SALE OF UTILITY FACILITIES
to
INDIAN RIVER COUNTY, FLORIDA
(part of UCP #3235)
KNOW ALL MEN BY THESE PRESENTS, that TROY D. PINNER and DENA K. PINNER,
husband and wife, whose mailing address is 3615 59th Avenue, Vero Beach, Florida 32966,
and HARMONY RESERVE, LLC, a Florida limited liability company, whose mailing address
is 3880 39th Square, Vero Beach, Florida 32960 hereinafter called GRANTORS, in
consideration of value received, the receipt and sufficiency of which is hereby acknowledged,
have and do hereby grant, bargain, sell, transfer, and deliver unto INDIAN RIVER COUNTY, a
political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero
Beach, FL 32960, hereinafter called GRANTEE, this day of 2016, the
following goods and chattels:
EXHIBIT "A"ATTACHED HERETO AND MADE A PART HEREOF
which utility facilities are located in that certain Easement recorded in Book , Page , of
the Public Records of Indian River County, Florida.
TO HAVE AND TO HOLD the same unto GRANTEE forever, and Harmony Reserve, LLC
hereby warrants to the GRANTEE that it has free and unencumbered title to the above-
described facilities, that all persons or entities which have supplied labor or materials with
respect to these facilities have been paid in full, that none of them has any claim whatsoever
with respect thereto, and that the GRANTORS have full authority to make this conveyance and
Harmony Reserve, LLC warrants and defends the sale of said chattels and utility facilities
hereby made unto GRANTEE against the lawful claims and demands of all persons
whomsoever.
Harmony Reserve, LLC agrees to maintain and repair said utility facilities until such time as the
utility services for either Harmony Reserve PD — Phase 1A and/or Harmony Reserve PD —
Phase 1B are ready to be activated, which includes that all the construction, installation,
inspections, and testing are satisfactorily accomplished, including releases and approved as-
builts, and project engineer's certification letter submitted to Indian River County as required
under UCP #3235. Harmony Reserve, LLC agrees to post, at the time of activation and
acceptance by Indian River County, the required security covering all the utility facilities under
UCP #3235 to warranty for a period of one year the utility facilities from defective materials or
workmanship. Harmony Reserve, LLC also agrees at the start of the 1-year warranty period to
assign all its right, title, and interest in and to manufacturer's or supplier's warranties with
respect to the utility facilities under UCP #3235.
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY �-5q"13
,, DYLAN REINGOLD
IN WITNESS WHEREOF, the GRANTORS have herein set their hands and seals the day and
year first above written.
Signed, sealed, and delivered
in the presence of:
Witness as to both:
sign By:
printed name: Troy D. Pinner
Witness as to both:
sign By:
printed name: Dena K. Pinner
Signed, sealed, and delivered HARMONY RESERVE, LLC, a Florida
in the presence of: limited liability company
Witness:
By:
sign J. Patrick Hill
printed name: Manager
Witness:
sign
printed name:
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was subscribed before me this day of 2016,
by Troy D. Pinner and Dena K. Pinner, husband and wife, who are either personally known to
me or who each produced (passport or driver's license) as identification.
Notary Public
SEAL: printed name:
Commission#
Commission Expiration Date:
02 5 q I`-I
_ STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was subscribed before me this day of 2016,
by J. Patrick Hill, Manager of Harmony Reserve, LLC, a Florida limited liability company,
who executed on behalf of and with the authority of said limited liability company. He is either
personally known to me or produced (passport or driver's license) as
identification.
Notary Public
SEAL; printed name
Commission#
Commission Expiration Date
2_$9 - J5
This document was prepared by:
Indian River County Attorney's Office
1801 27th Street
Vero Beach, FL 32960
(772) 226-1425
EASEMENT
THIS GRANT OF EASEMENT, made and executed this day of
2016, by HARMONY RESERVE, LLC, a Florida limited
liability company, whose mailing address is 3880 39th Square, Vero Beach,
Florida 32960, hereinafter called GRANTOR, to INDIAN RIVER COUNTY, a
political subdivision of the State of Florida, having a mailing address of 1801
27th Street, Vero Beach, Florida 32960, hereinafter called GRANTEE.
WITNESSETH :
That GRANTOR for and in consideration of the sum of TEN DOLLARS
($10.00) and other valuable consideration, receipt of which is hereby
acknowledged by these presents does grant, bargain, sell, alien, remise,
release, convey, and confirm unto the GRANTEE, a perpetual easement for
utilities over, across, above and beneath the following described land, situate in
Indian River County, Florida, to-wit:
See Exhibit "A" attached hereto.
And GRANTOR hereby covenants with said GRANTEE that the
GRANTOR is lawfully seized of said servient land in fee simple, and that the
GRANTOR has good right and lawful authority to convey the easement
established hereby and will defend the same against the lawful claims of all
persons whomsoever.
IN WITNESS WHEREOF, the GRANTOR has hereunto set its hand and
seal the day and year first above written.
Signed, sealed and delivered in HARMONY RESERVE, LLC, a Florida
the presence of: limited liability company
signature: By:
printed name: J. Patrick Hill
Manager
signature:
printed name:
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY �5q tiG
DYLAN REINGOLD
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this day of
, 2016, by J. Patrick Hill, Manager of Harmony Reserve, LLC, a
Florida limited liability company, who executed on behalf of and with the
authority of said limited liability company. He is either personally known to me
or who has produced as identification.
NOTARY PUBLIC
printed name:
(SEAL): Commission No.:
Commission Expiration:
2
This document was prepared by-
Indian River County Attorney's Office
1801 27th Street
Vero Beach,FL 32960
(772) 226-1425
CONSENT AND JOINDER OF MORTGAGEE
NATIONAL BANK OF COMMERCE ("Mortgagee") having a mailing address of
2145 Indian River Boulevard, Suite A, Vero Beach, Florida 32960 is the mortgagee
under that certain Amended and Restated Real Estate Mortgage, Assignment of Rents,
and Security Agreement upon land described therein, situated in Indian River County,
Florida, recorded in O.R. Book 2917, Page 552 of the Public Records of Indian River
County, Florida, and hereby consents and joins in the making of a perpetual easement
for utilities in favor of Indian River County, a political subdivision of the State of
Florida, having a mailing address of 1801 27th Street, Vero Beach, Florida 32960, by
Harmony Reserve, LLC, a Florida limited liability company, whose mailing address
is 3880 39th Square, Vero Beach, Florida 32960 (Mortgagor), on the following described
property:
See Exhibit "A" attached hereto.
} Mortgagee agrees that the granting of this easement shall in no way affect its ability to
10 foreclose its lien of its mortgage on the property described in the mortgage noted above,
•Z >- but that it shall be subordinated to and subject to this grant of easement, and that said
0 0 Z easement shall run with the land in perpetuity.
CC
�LL;L Z 0 Signed, sealed and delivered in NATIONAL BANK OF COMMERCE
IW Q the presence of:
Q Q sign: By
'O � print name: print name:
� > title:
.0 00
;Zm sign:
print name:
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this day of
2016, by , the of
National Bank of Commerce, who executed on behalf of and with the authority of said
bank. He/she is personally known to me or has produced as
identification.
NOTARY PUBLIC
sign:
print name:
(SEAL): Commission No.:
Commission Expiration:
2S9 ► �
for completion and readiness for final payment until the Work is completed and ready for final
payment.
ARTICLE 4-CONTRACT PRICE
4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to
the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph
4.01.13, below:
A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit.
B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents:
Numerical Amount: $274,295.00
Written Amount: Two hundred seventy four thousand, two hundred ninety five dollars and
zero cents
ARTICLE 5-PAYMENT PROCEDURES
5.01 Progress Payments.
A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the
approved partial payment request as recommended by ENGINEER in accordance with the
provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et.
seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the
CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%)
completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER
shall retain five percent (5%) of the payment amount due to CONTRACTOR until final
completion and acceptance of all work to be performed by CONTRACTOR under the Contract
Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%)
completion means the point at which the County as OWNER has expended fifty percent
(50%) of the total cost of the construction services work purchased under the Bid and
Specification Documents,together with all costs associated with existing change orders and
other additions or modifications to the construction services work provided under the
Contract Documents.
5.02 Pay Requests.
A. Each request for a progress payment shall contain the CONTRACTOR'S certification. All
progress payments will be on the basis of progress of the work measured by the schedule
of values established, or in the case of unit price work based on the number of units
completed.After fifty percent (50%)completion, and pursuant to Florida Statutes section
218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for
up to one half (1/2) of the retainage held by the County as OWNER, and the County as
OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the
subject of a good faith dispute;the subject of a claim pursuant to Florida Statutes section
255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or
the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is
attributable to the labor, services, or materials supplied by one or more subcontractors
Page 2 of 7
245
J
or suppliers, the Contractor shall timely remit payment of such retainage to those
subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005),
CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall
receive immediate written notice of all decisions made by CONTRACTOR to withhold
retainage on any subcontractor at greater than five percent (5%)after fifty percent (50%)
completion; and 2)CONTRACTOR will not seek release from the County as OWNER of the
withheld retainage until the final pay request.
5.03 Paragraphs 5.01 and 5.02 do not apply to construction services work purchased by the County as
OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws
and regulations or requirements that are contrary to any provision of the Local Government Prompt
Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant
requirements and guidelines.
5.04 Acceptance of Final Payment as Release.
A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a
release to the OWNER from all claims and all liability to the CONTRACTOR other than
claims in stated amounts as may be specifically excepted by the CONTRACTOR for all
things done or furnished in connection with the work under this Agreement and for every
act and neglect of the OWNER and others relating to or arising out of the work. Any
payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties
from any obligations under this Agreement, the Invitation to Bid or the Public
Construction Bond.
ARTICLE 6-INDEMNIFICATION
6.01 CONTRACTOR shall indemnify and hold harmless the OWNER,and its officers and employees,from
liabilities,damages,losses and costs,including, but not limited to,reasonable attorney's fees,to the
extent caused by the negligence, recklessness, or intentional wrongful misconduct of the
CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the
Work.
ARTICLE 7-CONTRACTOR'S REPRESENTATIONS
7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
representations:
A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related
data identified in the Invitation to Bid documents.
B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local,
and Site conditions that may affect cost, progress, and performance of the Work.
C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations
that may affect cost, progress, and performance of the Work.
D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all
additional or supplementary examinations, investigations, explorations, tests, studies, and data
concerning conditions(surface,subsurface, and Underground Facilities)at or contiguous to the Site
Page 3 of 7
246
which may affect cost, progress, or performance of the Work or which relate to any aspect of the
means, methods, techniques, sequences, and procedures of construction to be employed by
CONTRACTOR, including applying the specific means, methods, techniques, sequences, and
procedures of construction, if any, expressly required by the Contract Documents to be employed
by CONTRACTOR, and safety precautions and programs incident thereto.
E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests,
studies, or data are necessary for the performance of the Work at the Contract Price, within the
Contract Times,and in accordance with the other terms and conditions of the Contract Documents.
F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the
Site that relates to the Work as indicated in the Contract Documents.
G. CONTRACTOR has correlated the information known to CONTRACTOR, information and
observations obtained from visits to the Site, reports and drawings identified in the Contract
Documents, and all additional examinations, investigations, explorations, tests, studies, and data
with the Contract Documents.
H. CONTRACTOR has given OWNER written notice of all conflicts, errors,ambiguities,or discrepancies
that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof
by OWNER is acceptable to CONTRACTOR.
I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms
and conditions for performance and furnishing of the Work.
ARTICLE 8-CONTRACT DOCUMENTS
8.01 Contents
A. The Contract Documents consist of the following:
1. This Agreement(pages 1 to 7 inclusive);
2. Notice to Proceed
3. Public Construction Bond (pages_to_, inclusive);
4. Certificate of Liability Insurance
5. CONTRACTOR'S Bid Form (page 12 of 27);
6. Bid Bond (pages 1 and 2 inclusive);
7. Qualifications Questionnaire (page 1 to 4 inclusive);
8. Affidavit of Compliance (page 13 of 27);
9. Warranty Information Form (page 16 of 27)
Page 4 of 7
247
10. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of
Relationships(pages 14 to 15 of 27, inclusive);
11. The following which may be delivered or issued on or after the Effective Date of the Agreement
and are not attached hereto:
a) Written Amendments;
b) Work Change Directives;
c) Change Order(s).
ARTICLE 9-MISCELLANEOUS
9.01 Terms
A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid.
9.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding
on another party hereto without the written consent of the party sought to be bound; and,
specifically but without limitation, moneys that may become due and moneys that are due may not
be assigned without such consent (except to the extent that the effect of this restriction may be
limited by law), and unless specifically stated to the contrary in any written consent to an
assignment, no assignment will release or discharge the assignor from any duty or responsibility
under the Contract Documents.
9.03 Successors and Assigns
A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal
representatives to the other party hereto,its partners,successors,assigns,and legal representatives
in respect to all covenants,agreements, and obligations contained in the Contract Documents.
9.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law
or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and
binding upon OWNER and CONTRACTOR,who agree that the Contract Documents shall be reformed
to replace such stricken provision or part thereof with a valid and enforceable provision that comes
as close as possible to expressing the intention of the stricken provision.
9.05 Venue
A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought
by either party against the other party or otherwise arising out of this Agreement shall be in Indian
River County, Florida,or, in the event of a federal jurisdiction, in the United States District Court for
the Southern District of Florida.
Page 5 of 7
248
9.06 Public Records Comp lionce
A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall
comply with Florida's Public Records Law. Specifically, the Contractor shall:
(1) Keep and maintain public records required by the County to perform the service.
(2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time at a cost that
does not exceed the cost provided in Chapter 119 or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law for the duration of the contract term and
following completion of the contract if the contractor does not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession
of the Contractor or keep and maintain public records required by the County to perform the service. If
the Contractor transfers all public records to the County upon completion of the contract, the Contractor
shall destroy any duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the contractor keeps and maintains public records upon completion of the
contract, the Contractor shall meet all applicable requirements for retaining public records. All records
stored electronically must be provided to the County, upon request from the Custodian of Public Records,
in a format that is compatible with the information technology systems of the County.
B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT:
(772) 226-1424
publicrecords@ircgov.com
Indian River County Office of the County Attorney
180127th Street
Vero Beach, FL 32960
C. Failure of the Contractor to comply with these requirements shall be a material breach of this
Agreement.
Page 6 of 7
249
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One
counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents
have been signed or identified by OWNER and CONTRACTOR or on their behalf.
This Agreement will be effective on 20_(the date the Agreement is approved by the
Indian River County Board of County Commissioners, which is the Effective Date of the Agreement).
a
OWNER: CONTRACTOR:
INDIAN RIVER COUNTY
By: By:
Bob Solari, Chairman (Contractor)
By: (CORPORATE SEAL)
Jason E. Brown, County Administrator
Attest
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
By:
Dylan Reingold,County Attorney Address forgiving notices:
Jeffrey R.Smith, Clerk of Court and Comptroller
License No.
Attest: (Where applicable)
Deputy Clerk
(SEAL) Agent for service of process:
Designated Representative:
Name: Designated Representative:
Title: Name:
Address: Title:
Phone Address:
Email
Phone:
Email:
(If CONTRACTOR is a corporation or a partnership,
attach evidence of authority to sign.)
Page 7 of 7
250
FV
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Jason Brown; County Administrator
DEPARTMENT HEAD CONCURRENCE:
Stan Boling, IC ; Community Development Director
FROM: John W. McCoy, AICP; Chief, Current Development
DATE: July 6, 2016
SUBJECT: Harmony Reserve, LLC's Request for Final Plat Approval for Harmony Reserve
PD Phase 1B [PD-14-10-12/97080101-77074]
It is requested that the data herein presented be given formal consideration by the Board of
County Commissioners at its regular meeting of July 12, 2016.
DESCRIPTION& CONDITIONS:
The Harmony Reserve Phase IB represents the second half of the initial phase of the Harmony
Reserve PD. Phase 113 consists of 60 lots on 21.49 acres resulting in a density of 2.79 units/acre
for Phase 1B. Located on the north side of 33`d Street, the overall Harmony Reserve PD project
is proposed to be developed in 4 phases, is zoned RS-3 (Residential Single-Family up to 3 units/
acre), and has an L-2 (Low Density 2 up to 6 units / acre) land use designation. The overall
density for the Harmony Reserve PD project is 3.30 units per acre.
On October 7, 2014, the Board of County Commissioners granted concurrent conceptual special
exception PD plan approval and preliminary PD plat approval for the Harmony Reserve PD
Phases 1 through 4. The applicant subsequently obtained a land development permit and
commenced construction on the Phase 1 improvements, including a portion of Phase 1 known as
Phase 113. As of this time, the applicant has built more than 75% of the required Phase 1B
improvements, and has "bonded-out" for the remaining improvements. The applicant has
coordinated with staff to provide the following:
1. A Phase 1B final plat in conformance with the approved preliminary plat;
2. An Engineer's Certified Cost Estimate for the Phase 1B remaining required
improvements; and
3. An executed Contract for Construction of Phase 1B remaining required improvements,
with a letter of credit for 125% of the cost of construction for the remaining required
improvements.
251
FACommunity Development\CurDev\Final Plats\BCC staff reports\2016FPrpts\HarmonyReservePDPhaseIBAf 1
The Board is now to consider granting final plat approval for Harmony Reserve PD Phase 1 B.
ANALYSIS:
Most, but not all, of the Harmony Reserve PD Phase 1 B required subdivision improvements have
been completed. As provided for under the LDRs applicable to this final plat application, the
applicant is proposing to "bond-out" for the remaining required Harmony Reserve PD Phase IB
improvements (utilities, drainage, landscaping, and roadways). Public Works, Utility Services,
and Planning anticipate final review and approval of the Engineer's Certified Cost Estimate for
the remaining Harmony Reserve PD Phase 113 improvements prior to the July 12th meeting. The
County Attorney's Office anticipates final review and approval of the Contract for Construction
of Required Improvements and receipt of an acceptable letter of credit in the amount of 125% of
the cost of construction for the remaining required improvements prior to the July 121h meeting.
The contract for construction and security arrangement, which represent 125% of the estimated
cost to construct the remaining required improvements, will be executed by the County
Administrator and will be effective upon final plat approval. It should be noted that all
improvements within Harmony Reserve PD Phase IB will be private, with the exception of
certain utilities facilities. Those utility facilities will be dedicated to and guaranteed to Indian
River County as required by the Utility Services Department.
RECOMMENDATION:
Based on the above analysis, staff recommends that the Board of County Commissioners grant
final plat approval for Harmony Reserve PD Phase 1 B.
ATTACHMENTS:
1. Application
2. Location Map
3. Plat Layout
4. Contract for Construction of Required Improvements and Letter of Credit (to be provided
prior to meeting)
Indian River Co, Approv d Date
APPROVED AGENDA ITEM: Admin. 6 (�
Legal
FOR: July 12 20A6
Budget
BY: Dept.
__CT Risk Mgr.
252
FACommunity Development\CurDev\Final Plats\BCC staff reports\2016FPrpts\HarmonyReservePDPhaseI B-Kathy.rtf 2
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BEING A REPLAT OF A PORTION OF TRACT R.HARMONY RESERVE P.D.-PHASE 1A,AS FILED IN
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DOCKET NO.
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11 I NN11 ; 1 R.-RADIUS OF CURVE
(FUTURE DEVELOPEMENT) I CN. CHORD O CIUM.DIRECTION AND LENGTH
HARMONY RESERVE P.D.-PHASE IA -
• I Uh o ti IBA PLAT BOO 2 PAGES 8-12 RM-RICHT-OF WAY =
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Amended recommendation for Item 8V (Harmony Reserve Phase 1B Final P kPUIVEDAT IRC-BCC MEETING
RECOMMENDATION: - 12-P-016
--
Date
Staff recommends that the Board of County Commissioners: Iteri4C.epu
By y CI ra
1. Grant approval of the revised Harmony Reserve PD Phase 1B final plat.
2. Approve the County Deed for the northern section of 59th Avenue, subject to changes
indicated by the County Surveyor(note: on July 5, 2016 the Board approved the County
Deed for the southern section of 59th Avenue).
3. Accept the easement from Harmony Reserve LLC for utilities located outside the boundary
of Phase 1B, subject to a legal description reviewed and approved by the County Surveyor.
4. Accept the Bill of Sale, subject to a legal description reviewed and approved by the County
Surveyor.
F\Community Development\CurDev\Final Plats\BCC staff reports\2016FPrpts\HarmonyReservePDPhase I B-Amended recommendation.rtf j
Consent Agenda
Indian River County
Interoffice Memorandum EMERGENCY ADDITION
® Office of Management & Budget July 12, 2016
Consent 8W
To: Members of the Board
of County Commissioners
From: Michael Smykowski J
Director, Office of Management & Budget
Date: July 11, 2016
Subject: Miscellaneous Budget Amendment 023
Description and Conditions
The attached budget amendment appropriates funding necessary for the following:
1. Fire Rescue is in need of replacement boat motors. The attached entry appropriates funding
in the amount of$50,000 for this expenditure to be provided from Emergency Services
District/Reserve for Contingency.
Staff Recommendation
Staff recommends that the Board of Commissioners approve the attached budget resolution
amending the fiscal year 2015/2016 budget.
Attachments
Budget Amendment 023 and Resolution
Indian River
APPROVE ENDA IT County A r d- Date
BY. Administrator 1/ G
JasonX. B wn Legal 7-
Coun td inistrator Budget
FOR: July 12, 2016 Department
Risk
Management
A
RESOLUTION NO. 2016-
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA,
AMENDING THE FISCAL YEAR 2015-2016 BUDGET.
WHEREAS, certain appropriation and expenditure amendments to the-
adopted Fiscal Year 2015-2016 Budget are to be made by resolution pursuant to
section 129.06(2), Florida Statutes; and
WHEREAS, the Board of County Commissioners of Indian River County
desires to amend the fiscal year 2015-2016 budget, as more specifically set forth
in Exhibit "A" attached hereto and by this reference made a part hereof,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year
2015-2016 Budget be and hereby is amended as set forth in Exhibit "A" upon
adoption of this Resolution.
This Resolution was moved for adoption by Commissioner
, and the motion was seconded by Commissioner ,
and, upon being put to a vote, the vote was as follows:
Chairman Bob Solari
Vice Chairman Joseph E. Flescher
Commissioner Wesley S. Davis
Commissioner Peter D. O'Bryan
Commissioner Tim Zorc
The Chairman thereupon declared this Resolution duly passed and adopted
this day of 12016.
INDIAN RIVER COUNTY, FLORIDA
Attest: Jeffrey R. Smith Board of County Commissioners
Clerk of Court and Comptroller
By By
Deputy Clerk Bob Solari, Chairman
APPROVED AS TO FORM �.
AND LEGAL SUFFICIENCY
BY
�L-"COUNTY ATTORNEY A
Z sq-z
Exhibit "A"
Resolution No.2016-
Budget Office Approval: Budget Amendment:023
Michael Smykowski, Budget Director
Entry Fund/Department/Account Name Account Number Increase Decrease
Number
1. Expense
Emergency Services District/Fire Rescue/Other Machinery 11412022-066490 $50,000 $0
&Equipment
Emergency Services District/Fire Rescue/Reserve for 11412022-099910 $0 $50,000
Contingency
n
�59 .3
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Jason E. Brown, County Administrator
THROUGH: Richard B. Szpyrka, P.E., Public Works Director
James W. Ennis, P.E., PMP, County Engineer _110*`
FROM: Michael D. Nixon, P.E., Roadway Production Manager
SUBJECT: 211d Street Petition Millings Project (35th Avenue to 32"d Avenue)
Cancelation of Project
DATE: July 1, 2016
DESCRIPTION AND CONDITIONS
Representatives in the Emerson Park Subdivision presented County staff with a petition to
install asphalt millings on a portion of 2nd Street. This portion of 2nd Street is a dirt road that
begins at 35th Avenue and terminates at 32nd Avenue.
On May 3, 2016 the Board of County Commissioners adopted Resolution No. 2016-041
providing for certain paving(millings)to 2nd Street Petition Millings Project(35th Avenue to 32nd
Avenue) within the Emerson Park Subdivision. Also on May 3, 2016 the Board of County
Commissioners adopted Resolution No.2016-042 setting the date and time for a Public Hearing
to discuss the process to be taken,costs,and amount of the assessment against each property
owner. The Public Hearing was scheduled and held on June 7,2016. Prior to the Public Hearing
the property owners in favor of the project 68.34° which met the requirements for petition
paving(millings).
At the Public Hearing, one petitioner stated that he was no longer in favor of the project and
another property owner in the assessment area whose identity is confidential,stated,through
his attorney, that he was not properly notified of the process. In response to this,the Board
directed staff to send letters to each of the property owners in the assessment area with actual
costs to determine if the project was still supported. The Public Hearing was deferred and
continued to the July 12, 2016 Board meeting.
Per the Board's direction, letters were sent on June 16,2016 to property owners,along with a
Project Support form to be returned byJune 28,2016. A self-addressed,postage-paid envelope
was enclosed for return of the form. As of July 1, 2016, 15 property owners responded with 9
in favor of and 6 not in favor of the project continuing.
260
FAWaa6e Wcdm1ENGRlgWNG DIVISION PROJECM1525=2nd St Kffmgs 32nd Aw to 35th AvelAdmin%wg hems11525 2 SI.Pet Ma&W-BCC-Puh..Heaiag caotinEa6m mid -
Cm&mina Re&7-12-16 REVLSFD.doc
Page 2
2nd Street Petition Millings Project
Emerson Park Subdivision
For July 12, 2016 BCC Meeting
ANALYSIS -
Based on the responses received through July 1,2016,only 35%(based on square footage)are
now in favor of the project. The minimum per the IRC code is 66.7%. Therefore,the project no
longer meets the requirements for petition(millings). (See the attached Summary of Responses
to the Project Support Form).
RECOMMENDATION
Authorize Chairman to sign attached Resolution effectively rescinding Resolution No.2016-041
(to provide millings)and Resolution No.2016-042(setting the Public Hearing)and canceling the
proposed millings project.
ATTACHMENTS
Resolution
Summary of Responses to Project Support Form
DISTRIBUTION
1. William Scott, Road &Bridge Superintendent
2. Vincent M. Burke, P.E., Director of Utilities Services
APPROVED AGENDA ITEM
FOR Indian River County A r Datp
Administration -7 6
BY - `''"" o 1�
Budget 1� .
L) Legal
IL
utilities ? (�
Public Works
Engineering /L
261
Confir ti g Re s1EMGINEERING DR9SION PROJECT511 S?iynd St Nfillinp_72nd Ave to 35[h AveUdminteseoda itenes4l S?5?St.Pp.MMASs-BCC-Pub.hearing font6a�ation and
ConSrmiag Res 7-I:-16 REVISED.doc
RESOLUTION NO. 2016-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, REVOKING RESOLUTIONS 2016-
041 AND 2016-042;CANCELING PROPOSED PROJECT NO. 1525 FOR
ASPHALT MILLING IMPROVEMENTS TO 2nd STREET FROM 35"
AVENUE TO 32nd AVENUE, IN EMERSON PARK SUBDIVISION;
CANCELING PUBLIC HEARING CONCERNING PROJECT; AND
DIRECTING THE MAILING OF THIS RESOLUTION TO THE OWNER OF
EACH PROPERTY AFFECTED.
WHEREAS,the County Public Works Department was petitioned for Road Asphalt Milling
Improvements for 2nd Street from 35th Avenue to 32nd Avenue in Emerson Park Subdivision, (the
"Project"); and
WHEREAS, based on square footage, it was determined that 68.34% of the property
owners expressed support of the Project,exceeding the minimum 66.7%necessaryfor a petition
paving (millings) project to go forward; and
WHEREAS, on May 3, 2016, the Board of County Commissioners (the "Board") adopted
Resolution No. 2016-041 providing for the estimated cost to the benefited properties to be
assessed, and Resolution No. 2016-042 setting a time and place for a public hearing to be held at
the County Commission Chambers in the County Administration Building at the hour of 9:05 A.M.
on Tuesday,June 7, 2016 to hear input concerning the special assessment Project; and
WHEREAS, the public hearing was held on June 7, 2016 and the Board continued the
hearing and directed staff to poll the affected property owners to determine if there was still more
than 66.7%of the owners in favor of the project; and
WHEREAS,the continued public hearing was held by the Board on July 12, 2016; and
WHEREAS, it has since been determined after additional communication with the property
owners that the petition no longer meets the minimum 66.7% necessary for a petition paving
(millings) project to go forward;
i
262
RESOLUTION NO. 2016--
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, as follows:
1. The foregoing recitals are affirmed and ratified in their entirety.
2. Resolution 2016-041 is hereby canceled.
3. The Project providing for milling improvements to 2nd Street from 35th Avenue to
32nd Avenue in Emerson Park Subdivision;and designated as Public Works Project
No. 1525 is hereby canceled.
4. The Indian River CountyDepartment of Public Works shall give notice to the owner
of each property that was proposed to be specially assessed in writing of this
Resolution, which shall be served by mailing a copy of such Resolution to each of
such property owners at his or her last known address to be obtained from the
records of the property appraiser.- —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 Bob Solari
Vice-Chairman Joseph E. Flescher
Commissioner Wesley S. Davis
Commissioner Tim Zorc
Commissioner Peter D. O'Bryan
2
263
RESOLUTION NO. 2016-
The Chairman thereupon declared the resolution passed and adopted this day of July,
2016.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By
Bob Solari, Chairman
Attest: Jeffrey R. Smith, Clerk of Court
and Comptroller
By:
Deputy Clerk
Approved as to form and legal sufficiency:
n Reingold, County Attorney
FNIubR WoAAENGTNEFRING DIVISION?ROJECI951525--2nd St Miflinp222d-Ave to 3-ft AvY1Adminlagesda-itemst1525 Re90idionCmwd Millings.
Projeet.doe
264
2nd STREET - (35th AVENUE to 32nd AVENUE) PETITION MILLINGS PROJECT
SUMMARY OF RESPONSES TO PROJECT SUPPORT FORM
July 1, 2016
V
r
eV'
_PSOW1 b6rt;F,� V.0
KH
U
0
available Confidential Ye x 1, 10,8 0.
Cunliffe, David W.&Brenda Lee 3456 2nd St.,Vero Beach, FL �2968 Y x
10,800.0
Futcher, Nancy J.&Thomas-Wilson, Melanie 3436 2nd St.,Vero Beach, FL Yes x 7,200.0
Vagderploeg, Daniel&Darlene _____ 3406 2nd St.,Vero Beach,FL 3,2968 10,800.0
Brazie,Bruce C.&Tandy
3376 2nd St.,Vero Beach,FL 34968 Yes x 10,800.0
Johnston,Patricia L. 3356 2nd St.,Vero Beach, FL 32968 Yes x 7.200.0
Fasclano, Robert&Colleen iiii-2-n-d-gi.-,-Vero Beach, FL�2968 No j7-0-6.'6
Hocking, Martin B. 3320 2nd St.,Vero Beach, FL 32968 Yes 7,200.0
Gonzalez,Menace Jr. &Lisa 3286 2nd St.,Vero Beach, FL�,2968 No
714,4�00.0
Wood,Travis_S &Lorena S. 13246 2nd St.,Vero Beach, 7,200.0 1
Noack,James&Noack,Jo)LceVero Beach, FL 2968 No
1 7,200.0
Rice, Russell B. 11&Jeannie A. 13206 2nd St.,Vero Beach, Fp,'2968 Yes x J. 7,200.0
Harris,Ln2968 3485 2nd St.,Vero Beach, FL Yes x 14,424.0
�
Honeycutt,Clifford C.&Diana M. —13465 2nd St.,Vero Beach, FL 32968 Yes x I 21,600.0--
INorman, Richard E. 3395?nd St.,Vero Beach, FL 32968 No 14,400.0
I Lette�*kitu-'m--e-d-'-------*---*--"
_qip,LLC 3355 2nd St.,Vero Beach, FL 92968 (undeliverable)
1 1 _--- _ 00.0_
Williams, Mary A. 3335 2nd St.,Vero Beach, FL 32968 Yes i,2cFC6_t___
X 7,200.1
Fletcher, Debra L. Edelmann 3321 2nd St.,Vero Beach, FL 32968 Yes 3' t
Cox, Doyal Jr.&Dianna L. 3245 2nd St.,Vero Beach, FL 12968 Yes x
14,400.0
Grether,Michael J.&Jessica M. 13235 2nd St.,Vero Beach, FL 2968 Yes x 21,600.0
Totals 75,600.0 140.424.0
Total parcels-20 (Total area 216,024.0 Sq. Ft.
Total responded to project support form-15 9 In favor, 6 not In favor
Total letters returned-I Percent In favor based on Sq. Ft.
Total that did not respond-4 75,600/216,024=35.0%
FAPub11cWorks\ENG1NEER1NG DIVISION PROJECTS11525-2nd St Millings 32nd Ave to 351hAv8\0es1gn\Assessment11525 Project Support Responses Summary 7-1-16 1
D2»Tuesday,May 31,2016»TREASURE 60AST-NEWSPAPERS
e decedent's estateonw"oo it -r,.cy oe rhide,at7ihm-rheer--�--
copyofthisnoticeisrequired ing will need to ensure that
to be served-must file their a verbatim'record of the
Claims with this,court ON' ,Proceedings is made;which
OR BEFORE THE LATER OF Includes,testimony and evi-
3 MONTHS.AFTER THE TIME denceuponwhichtheappeal-
OF THE FIRST PUBLICATION is based.
{ OF THIS NOTICE OR 30 DAYS
AFTER,THE DATE OF SERVICE Anyone who needs a special
OFA'COPY OF THIS NOTICE accommodation for this
ON THEM. - meeting must contact the
All,other creditors of the County's Americans With
decedent and other.persons Disabilities,Act(ADA)Coor-
having,claims,or'demands dinator at 772-226-1223 at
against .the decedent's least 48 hours in advance of
I estate must file'their.ciaims the meeting. t
with this'court'WITHIN�3
MONTHS,AFTER THE DATE INDIAN RIVERCOUNTY�BOARD I
�•OF THE FIRST PUBLICATION OF COUNTY,COMMISSIONERS )
OF THIS NOTICE. BOB SOL'ARI;CHAIRMAN'
ALL CLAIMS NOT FILED WITH- Pub:May 24,31,2016'
IN THE TIME PERIODS-SET TCNd100206-
FORTHINFLORIDA STATUTES
SECTION 733.702 WILL DE _NOTICE—
' FOREVER BARRED:
1 NOTWITHSTANDING THE TIMEPEODS �I
ANYMT
'CLAFILLED TWO'(2) i
YEARS OR MORE AFTER THE I
DECEDENT'S DATE OF DEATH
IS BARRED.
The,date of,first publication
of this notice is May 24,2016.
.Personal Representative: `
-Maura T.Moloy
42 Berwick Rd.
Newton Center,MA 02459
Attorneys for Personal
Representative:
CRARY BUCHANAN,P.A.
1759 SW.FEDERAL HIGHWAY,
SUITE 106
I POST OFFICE ORAWER 24
STUART,FL 34995
Telephone:(772)287-2600
By:STEVEN D.BERES
Florida Bar No.032972
t Email Address: I
steve@cmrvbuchanan.com
1 Pub:May 24,31,2016
'
TCN 1090174'
IPolllic Notices
NOTICE OF PUBLIC HEARING
i ON PROPOSED SPECIAL
' ASSESSMENT' t
NOTICE IS HEREBY GIVEN that
1 the,Board of County Com-
missioners of Indian River
County,Florida,will conduct
1 a'Public Hearing to consider
approvinga%special assess-
ment project an connection
with asphalt milling improve-
ments to 2nd Street between
35th Avenue and 32nd`Ave-
nue.in the Emerson'Park
Subdivision An,Indian'River
' f County,Florida: - -
i The Public Hearing will be held
on Tuesday;''lune 7,2016 at
9:05 a.m.,or as soon there-
after as thd�matter may be I
heard, in the County Com- I
-
missiow Chambers'ocated
on the firs_t.floor,of Building
A of.the County Adminis.
1 trative,complex, 1801 27th I
Street, Vero Beach, Florida I
32960,at which'time inter- {
ested parties,may;lbe heard
with respect to the proposed
project.
Anyproposed documents,
including the description
of'each property to be
assessed and the amount to
t be-assessed to,each•piop
{1 erty,.may be ascertamed
by the public during,regular
business hours.(8:30 a:m.to
5:00 p.m., Monday through
C Friday)at the'Office of the
Clerk to the Board of County
,f Commissioners, located on
e the second floor in Buildih9 A
i- of the County Administrative
h Complex, 1801 27th street,
i Vero Beach,Florida. ,
tt I
ig Anyone who may wish to' f
st appeal any decision which
L. -+
DEPARTMENTAL MATTERS
INDIAN RIVER COUNTY
INTER-OFFICE MEMORANDUM
OFFICE OF MANAGEMENT & BUDGET
TO: Members of the Board of County Commissioners
DATE: July 12, 2016
SUBJECT: EMAIL ADDRESSES AND CONTACT INFORMATION
PUBLISHED ON COUNTY WEBSITE
FROM: Michael Smykowski PAS J
Director,Management& Budget
BACKGROUND
At the BCC meeting of June 14, 2016, Commissioner Zorc requested and received board
consensus to have staff explore the possibility of publishing County staff email addresses on the
County Website.
STAFF ASSESSMENT
It has been the normal practice of the Computer Service Division to avoid publishing email
addresses on the County website in an effort to avoid increased spam levels on the County email
network. Spammers deploy programs called email harvesters that scour the internet in search of
email addresses to either spam or add to lists to sell to spammers. Hackers also send links in
what look to be legitimate emails that if clicked could introduce Trojan viruses and other
malicious viruses into the internal County computer neNvork. There are several methods to mask
published email addresses on websites using code or images but as with any computer security, it
is difficult to stay ahead of attackers and spammers as they develop new technologies to infiltrate
networks. Security is often a reactionary measure after the vulnerability has already been
exploited by a new technology.
The County currently publishes masked email addresses (images) for the County Commissioners
and Administration Department. The County also publishes a staff phone directory at the top of
each webpage and also department-level phone directories at each department webpage. Certain
departments, namely Utilities and Emergency Services have specifically requested limiting staff
contact information, including phone numbers, to ensure the routing of customers through the
proper customer service channels.
266
OPTIONS
1. Change the main County contact page from a phone directory list to a page which lists
each department's main phone number and a link to "Email this Department" which
would open a secure contact form the user would fill out and press submit. That message
would be delivered securely to the director's staff assistant or other department
representative, as appropriate for routing to the proper staff to handle the topic of the
email. The email form would use "Captcha" technology which requires the user to enter a
series of numbers to validate a real person is filling out the form. Each department main
webpage would also have an "Email this Department" link. The user would still have the
option to view the phone directory from a link on the new contact page.
2. Add masked email addresses next to each employee phone number on the main phone
directory.
3. Add just top-level staff masked emails to the main department web pages.
4. Keep just the commissioner and administration masked emails published as is.
RECOMMENDATION
Staff recommends that the Board of County Commissioners approve Option 1 as we feel it
provides the best balance between strong security and providing the public with access to staff
via email.
ATTACHMENT
Sample of Staff Contact Information Published by Surrounding Counties
APPROVED AGENIQA ITEM:
Indian River County Apprc4d Date.
Administrator
BY: ("'ALegal
Jn Brown .�
Budget
Co Administrator
Department
FOR: JUIv 12, 2016 Risk Management
267
Sample of Staff Contact Information Published by Surrounding Counties
Brevard County
Phone directory,commissioner email addresses, and departmental level email addresses ("Email this
Department") published. No staff level email addresses.
Martin County
Phone directory and all staff and commissioner email addresses published.
St. Lucie County
Department phone listing, contact form for commissioners, some department level email addresses, and
some select staff level email addresses published.
Volusia County
Commissioner email addresses, county administration email addresses,directors and their staff
assistants email addresses, service-level email addresses(licensing@... ImpactFees@...) published. No
other staff level email addresses.
Seminole County
Phone directory,commissioner email addresses, and departmental level email addresses, and a mix of
select staff level email addresses(Some departments have while other do not) published.
Orange County
Department level email addresses and commissioner email addresses published.
Okeechobee County
Phone directory,all staff email addresses, and commissioner email addresses published.
268
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
f`�
TO: Jason E. Brown, County Administrator
FROM: Richard B. Szpyrka P.E., Public Works Director
SUBJECT: Award of Bid No. 2016019
IRC Go-Line Transfer Hub
16`h Street,Vero Beach
DATE: June 30, 2016
DESCRIPTION AND CONDITIONS
On April 14,2015 the Board of County Commissioners approved the award of a design contract to Schulke,
Bittle, and Stoddard, LLC., for the new Indian River County Go-Line Bus Transfer Hub Facility, to be
constructed at 1235 16th Street, Vero Beach. The project has been designed, permitted, and bids to
construct the project have been received.
The project consists of a 1,732 square foot structure with bathrooms and open air waiting areas, 3,410
square feet of pre-manufactured aluminum structures providing covered walkways and shelter for riders,
and 1.60 acres of site improvements that include parking,lighting,landscaping,stormwater treatment and
space to accommodate eight bus routes.The site plan also allows for building expansion if needed in the
future.
The project estimate provided by Schulke,Bittle,and Stoddard,LLC.,for the building and site improvements
and presented to the Board on April 14, 2015 totaled $981,446 for site improvements ($566,711),
construction of the building($368,000), and$46,735 for a 5%contingency. During the design process the
estimated cost was increased by the Engineer to$1,120,362,which increased the building construction cost
to$527,570 and the site improvements to$592,792.These adjusted costs included the covered walkway
and bus shelters at each bus bay.
A bid opening for the IRC Go-Line Transfer Hub was held on June 8, 2016.Two(2)bids were received and
opened. A detailed bid tabulation is on file and available for viewing in the County Engineering Division. Bid
totals are as follow:
Barth Construction, Inc. Vero Beach, Florida $1,780,074.06 '
Bill Bryant&Associates, Inc. Vero Beach, Florida $2,185,122.21
Denotes mathematical error was found and bid amount corrected.
The available budget for the project is$1,183,000.50,which creates a funding shortfall of$597,073.56
to fund the entire project.Currently,Phil Matson,Community Development/MPO has been in contact
with FDOT regarding the availability of additional funding for the project. FDOT has informed Phil
Matson that grant funding is available in the form of a 50%match grant.
F•\Public Works\ENGFNEF.RING DIVISION PROJECTS\1330-GoLine Bus Transfer Hub FacilityWdmiMagende items\BCC Agenda Memo Award of 269
Bid 1330 063016.doc
Page 2
Award of Bid 2016019
BCC Agenda Item for July 12, 2016
Barth Construction, Inc. is considered to be the lowest, responsive, responsible bidder for the project
with a bid totaling$1;780,074.06. Barth Construction,Inc.has completed various construction projects
within the County, and has consistently performed work in a satisfactory manner.
Summary
Due to a funding shortfall for the project,staff offers the following options to the Board for consideration;
Option 1—Award the project to the low bidder and fully fund the project as bid-$1,780,074.06. Provide
additional funding in the amount of$597,073.56 from Secondary Road Cash Forward,Account No.109039-
389040.
Option 2—Delete line item 01000-16000-2-Exterior Structures from both bids and award the project to the
low bidder. Eliminating this line item removes the covered walkways and bus shelters at each bus bay. It
should be noted that it will cost the County more than$287,000 to install the covered walkways and bus
shelters in the future. The footings'for the walkways and shelters cannot be installed with the current
project as a manufacturer for the structures is part of the Contractors responsibility to obtain. As such,
deleting this item and installing the structures at a later date will require the removal of sidewalks to allow
the installation concrete footers. The current low bidder ($287,000 for this line item) would retain the
lowest bid in the amount of$1,493,074.06.The second bidder($461,328.25 for this line item)would retain
the second lowest bid in the amount of$1,723,793.996.For this option,additional funding in the amount of
$310,073.56 is available from Secondary Road Cash Forward,Account No. 109039-389040.
Option 3—Reject both bids,direct staff to analyze the current design to reduce costs,and report back to the
Board with an anticipated cost savings for redesign of the project.
FUNDING
Partial funding is budgeted and available from the following account:
MPO/Planning/Transit Hub Project Account No 12420415-066510-10802
- - T ($1,183,000.50)
RECOMMENDATION
Staff recommends Option 1 to the Board, with the provision that a Notice to Proceed is not issued to
the Contractor until grant funding from FDOT has been procured.
With options 1 or 2, staff also recommends the Board approve the attached agreement and authorize
the Chairman to sign after review and approval of the agreement and the public construction bond by
the County Attorney as to form and legal sufficiency and after receipt and approval of the required
insurance by the Risk Manager.
F-\Public Works\ENGINEERING DIVISION PROJECTS\I 330-GoLine Bus Transfer Hub Facii]iry\Admin\agenda items\BCC Agenda Memo Award of 270
Bid 1330 063016(2).doc
Page 3
Award of Bid 2016019
BCC Agenda Item for July 12,2016
ATTACHMENTS
Sample Agreement Indian River County AppftM4 Date
/�
01
DISTRIBUTION
Administration 7 W
Barth Construction, Inc. Budget AU \0
Bill Bryant&Associates, Inc. Legal n'
Purchasing_ b
APPROVED AGENDA ITEM Public Works 7 S /6
FOR: I 11V 17 NN
By: -
F:\Public Works\ENGINEERING DIVISION PROIECIS\1330-GoLine Bus Transfer Hub Facility\Admin\agenda items\BCC Agenda Memo Award of 271
Bid 1330 063016.doc
SECTION 00520 -Agreement (Public Works)
TABLE OF CONTENTS
Title Page
ARTICLEi -WORK.................................................................................................................................2
ARTICLE2 - THE PROJECT........................................................................................ .........................2
ARTICLE3-ENGINEER........................................................................................................................2
ARTICLE4-CONTRACT TIMES.........................................:................................................................2
ARTICLE 5-CONTRACT PRICE..........................................................................................................3
ARTICLE 6-PAYMENT PROCEDURES..............................................................................................3
ARTICLE 7-INDEMNIFICATION........................................................................................................5
ARTICLE 8-CONTRACTOR'S REPRESENTATIONS......................................................................5
ARTICLE 9-SUBCONTRACTORS........................................................................ ...............................6
ARTICLE 10-CONTRACT DOCUMENTS...........................................................................................6
ARTICLE 11=MISCELLANEOUS.........................................................................................................8
FTHE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY]
00520-Agreement(Public Works)SAMPLE 272
00520-1
SECTION 00520 -Agreement (Public Works)
THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the
State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called
OWNER) and Barth Construction, Inc. (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
ARTICLE 1 -WORK
1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Work is generally described as follows:
The project includes enclosed and open air building to provide shelter, bathrooms, and
storage. Bus / transit vehicle pick up / parking spaces, paved and secured parking for
clients and operators. Also constructed will be a covered shelter for walkway/pickup area.
ARTICLE 2 -THE PROJECT
2.01 The Project for which the Work under the Contract Documents may be the whole or only a
part is generally described as follows:
Project Name: I.R.C. Go Line Transfer hub
County Project Number: 1330
Bid Number: 2016019
Project Address: 16'" Street East of Old Dixie, Vero Beach, FL 32960
ARTICLE 3 — ENGINEER
3.01 The Indian River County Public Works Department is hereinafter called the ENGINEER
and will act as OWNER's representative, assume all duties and responsibilities, and have
the rights and authority assigned to ENGINEER in the Contract Documents in connection
with the completion of the Work in accordance with the Contract Documents.
ARTICLE 4 -CONTRACT TIMES
4.01 Time of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness
for final payment as stated in the Contract Documents are of the essence of the Contract.
4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment
A. The Work will be substantially completed on or before the 180"'calendar day after the date
when the Contract Times commence to run as provided in paragraph 2.03 of the General
Conditions, and completed and ready for final payment in accordance with paragraph
14.07 of the General Conditions on or before the 210"' calendar day after the date when
the Contract Times commence to run.
00520-Agreement(Public Works)SAMPLE 273
00520-2
tt t ttt t t t t t tt t tt t tt t t tt*tt,+,rt-r,r t t*ttt tt,,►,rt,t t tt,t tt*t,er tt,rt t ttt•r ttt t*t,t t+,,e ter*t*t,►,t t t tttr,r*ts t tt t t t,t t tt t,r,ft
4.03 Liquidated Damages
A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and
that OWNER will suffer financial loss if the Work is not completed within the times
specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with
Article 12 of the General Conditions. Liquidated damages will commence for this portion of
work. The parties also recognize the delays, expense, and difficulties involved in proving in
a legal proceeding the actual loss suffered by OWNER if the Work is not completed on
time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR
agree that as liquidated damages for delay (but not as a p'enalty), CONTRACTOR shall
pay OWNER $1,742.00 for each calendar day that expires after the time specified in
paragraph 4.02 for Substantial Completion until the Work is substantially complete. After
Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the
remaining Work within the Contract Time or any proper extension thereof granted by
OWNER, CONTRACTOR shall pay OWNER 1,742.00 for each calendar day that expires
after the time specified in paragraph 4.02 for completion and readiness for final payment
until the Work is completed and ready for final payment.
ARTICLE 5 - CONTRACT PRICE
5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the
Contract Documents, an amount in current funds equal to the sum of the amounts
determined pursuant to paragraph 5.01.A and summarized in paragraph 5.01.6, below:
A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit.
B. THE CONTRACT SUM subject to additions and deductions provided in the Contract:
Numerical Amount: $
Written Amount:
ARTICLE 6 -PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14
of the General Conditions. Applications for Payment will be processed by
ENGINEER as provided in the General Conditions and the Contract Documents.
6.02 Progress Payments.
A.The OWNER shall make progress payments to the CONTRACTOR on the basis of
the approved partial payment request as recommended by ENGINEER in
accordance with the provisions of the Local Government Prompt Payment Act,
Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent
(10%) of the payment amounts due to the CONTRACTOR until fifty percent
(50%) completion of the work. After fifty percent (50%) completion of the work is
attained as certified to OWNER by ENGINEER in writing, OWNER shall retain
five percent (5%) of the payment amount due to CONTRACTOR until final
00520-Agreement(Public Works)SAMPLE 2-74
00520-3
completion and acceptance of ail work to be performed by CONTRACTOR under
the Contract Documents. Pursuant to Florida.Statutes section 218.735(8)(b), fifty
percent (50%) completion means the point at which the County as OWNER has
expended fifty percent (50%) of the total cost of the construction services work
purchased under the Contract Documents, together with all costs associated with
existing change orders and other additions or modifications to the construction
services work provided under the Contract Documents.
6.03 Pay Requests.
A.Each request for a progress payment shall be submitted on the application for
payment form supplied by OWNER and the application for payment shall contain
the CONTRACTOR'S certification. All progress payments will be on the basis of
progress of the work measured by the schedule of values established, or in the
case of unit price work based on the number of units completed. After fifty
percent (50%) completion, and pursuant to Florida Statutes section
218.735(8)(d), the CONTRACTOR may submit a pay request to the County as
OWNER for up to one half(1/2) of the retainage held by the County as OWNER,
and the County as OWNER shall promptly make payment to the CONTRACTOR
unless such amounts are the subject of a good faith dispute; the subject of a
claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject
of a claim or demand by the County as OWNER or the CONTRACTOR. The
CONTRACTOR acknowledges that where.such retainage is attributable to the
labor, services, or materials supplied by one or more subcontractors or suppliers,
the Contractor shall timely remit payment of such retainage to those
subcontractors and suppliers. Pursuant to Florida Statutes section
218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees that: 1)
the County as OWNER shall receive immediate written notice of all decisions
made by CONTRACTOR to withhold retainage on any subcontractor at greater
than five percent (5%) after fifty percent (50%) completion; and 2)
CONTRACTOR will not seek release from the County as OWNER of the
withheld retainage until the final pay request.
6.04 Paragraphs 6.02 and 6.03 do not apply to construction services work purchased by the
County as OWNER which are paid for, in whole or in part, with federal funds and are subject to
federal grantor laws and regulations or requirements that are contrary to any provision of the
Local Government Prompt Payment Act. In such event, payment and retainage provisions shall
be governed by the applicable grant requirements and guidelines.
6.05 Acceptance of Final Payment as Release.
A. The acceptance by the CONTRACTOR of final payment shall be and shall operate
as a release to the OWNER from all claims and all liability to the CONTRACTOR
other than claims in stated amounts as may be specifically excepted by the
CONTRACTOR for all things done or furnished in connection with the work
under this Contract and for every act and neglect of the OWNER and others
relating to or arising out of the work. Any payment, however, final or otherwise,
shall not release the CONTRACTOR or its sureties from any obligations under
the Contract Documents or the Public Construction Bond.
00520-Agreement(Public Works)SAMPLE 275
00520-4
ARTICLE 7 - INDEMNIFICATION
7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with
paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract.
ARTICLE 8 -CONTRACTOR'S REPRESENTATIONS
8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the
following representations:
A. CONTRACTOR has examined and carefully studied the Contract Documents and the
other related data identified in the Bidding Documents.
B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the
general, local, and Site conditions that may affect cost, progress, and performance of the
Work.
C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and
Regulations that may affect cost, progress, and performance of the Work.
D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of
subsurface conditions at or contiguous to the Site and all drawings of physical conditions
in or relating to existing surface or subsurface structures at or contiguous to the Site
(except Underground Facilities) which have been identified in the Supplementary
Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and
drawings of a Hazardous Environmental Condition, if any, at the Site which have been
identified in the Supplementary Conditions as provided in paragraph 4.06 of the General
Conditions.
E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having
done so) all additional or supplementary examinations, investigations, explorations, tests,
studies, and data concerning conditions (surface, subsurface, and Underground Facilities)
at or contiguous to the Site which may affect cost, progress, or performance of the Work
or which relate to any aspect of the means, methods, techniques, sequences, and
procedures of construction to be employed by CONTRACTOR, including applying the
specific means, methods, techniques, sequences, and procedures of construction, if any,
expressly required by the Contract Documents to be employed by CONTRACTOR, and
safety precautions and programs incident thereto
F CONTRACTOR does not consider that any further examinations, investigations,
explorations, tests, studies, or data are necessary for the performance of the Work at the
Contract Price, within the Contract Times, and in accordance with the other terms and
conditions of the Contract Documents.
G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and
others at the Site that relates to the Work as indicated in the Contract Documents.
H. CONTRACTOR has correlated the information known to CONTRACTOR, information and
observations obtained from visits to the Site, reports and drawings identified in the
Contract Documents, and all additional examinations, investigations, explorations, tests,
studies, and data with the Contract Documents.
00520-Agreement(Public Works)SAMPLE 276
00520-5
I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or
discrepancies that CONTRACTOR has discovered in the Contract Documents, and the
written resolution thereof by ENGINEER is acceptable to CONTRACTOR.
J. The Contract Documents are generally sufficient to indicate and convey understanding of
all terms and conditions for performance and fumishing of the Work.
ARTICLE 9—SUBCONTRACTORS
9.01 CONTRACTOR shall take the following affirmative steps to ensure minority business,
women's business enterprises and labor surplus area firms are used when possible:
1. Placing qualified small and minority businesses and women's business enterprises
on solicitation lists.
2. Ensuring that small and minority businesses, and women's business enterprises are
solicited whenever they are potential sources.
3. Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority businesses, and
women's business enterprises.
4. Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority businesses, and women's business enterprises.
5. Using the services and assistance of the Small Business Administration and the
Minority Business Development Agency of the Department of Commerce.
ARTICLE 10 - CONTRACT DOCUMENTS
10.01 Contents
A. The Contract Documents consist of the following:
1. This Agreement (pages 00520-1 to.00520-11 , inclusive);
2. Notice to Proceed (page 00550-1)
3. Public Construction Bond (pages 00610-1 to 00610-3, inclusive);
4. Sample Certificate of Liability Insurance (page 00620-1)'
5. Contractor's Application for Payment(pages 00622-1 to 00622-6 inclusive);
6. General Conditions (pages 00700-1 to 00700-44, inclusive);
7 Supplementary Conditions (pages 00800-i to 00800-11, inclusive);
8 Specifications as listed in Division 1 (General Requirements) and Division 2-16
(Technical Provisions).
9. Federal Transit Administration (FTA) Standard Contract Clauses (Section 00421)
10. Drawings consisting of the following:
00520-Agreement(Public Works)SAMPLE 277
00520-6
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00520-Agreement(Public Works)SAMPLE 274
00520-7
11. Addenda (numbers 1 to 2, inclusive);
12. CONTRACTOR'S BID (pages 00310-1 to 00310-12, inclusive)
13. Bid Bond (pages 00420-1 inclusive), Qualifications Questionnaire (page 00456-1 to
00456-4, inclusive), List of Subcontractors (page 00458-1 inclusive).
14. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of
Relationships (pages 00452-1 to 00452-2, inclusive) -
15. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 004542,
inclusive)
16. Certification of Non Segregation & Non Discrimination (page 00470-1)
17. Non-Collusion Affidavit(page 004_ 72-1)
18. Certification Regarding Lobbying (page 00474-1)
19. Certificate of Non Segregated Facilities (page 00491-1)
20. Drug Free Workplace Certification (page 00494-1)
21. The following which may be delivered or issued on or after the Effective Date of the
Agreement and are not attached hereto:
a) Written Amendments;
b) Work Change Directives;
c) Change Order(s).
17. Contractor's Final Certificate of the Work (page 00632-1 to 00632-2 of the
specifications)
ARTICLE 11 -MISCELLANEOUS
11.01 Terms
A. Terms used in this Agreement will have the meanings indicated in the General Conditions.
11.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract will be
binding on another party hereto without the written consent of the party sought to be
bound; and, specifically but without limitation, moneys that may become due and moneys
that are due may not be assigned without such consent (except to the extent that the
effect of this restriction may be limited by law), and unless specifically stated to the
contrary in any written consent to an assignment, no assignment will release or discharge
the assignor from any duty or responsibility under the Contract Documents.
11.03 Successors and Assigns
00520-Agreement(Public works)SAMPLE 2.79
00520-8
A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and
legal representatives to the other party hereto, its partners, successors, assigns, and legal
representatives in respect to all covenants, agreements, and obligations contained in the
Contract Documents.
11.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable under
any Law or Regulation shall be deemed stricken, and all remaining provisions shall
continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the
Contract Documents shall be reformed to replace such stricken provision or part thereof
with,a valid and enforceable provision that comes as close as possible to expressing the
intention of the stricken provision.
11.05 Venue
A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit
brought by either party against the other party or otherwise arising out of this Contract
shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the
United States District Court for the Southern District of Florida.
11.06 Public Records Compliance
A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The
Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor
shall:
(1) Keep and maintain public records required by the County to perform the service.
(2) Upon request from the County's Custodian of Public Records, provide the County
with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in Chapter
119 or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for
the duration of the contract term and following completion of the contract if the
contractor does not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records
in possession of the Contractor or keep and maintain public records required by the
County to perform the service. If the Contractor transfers all public records to the
County upon completion of the contract, the Contractor shall destroy any duplicate
public records that are exempt or confidential and exempt from public records
disclosure requirements. If the contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the
County, upon request from the Custodian of Public Records, in a format that is
compatible with the information technology systems of the County.
B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
00520-Agreement(Public Works)SAMPLE 2$0
00520-9
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT:
(772) 226-1424
AublicreoocdsC�ii�cso�•�r:.:�:-; -
Indian River County Office of the County Attorney
1801 2711 Street
Vero Beach, FL 32960
C. Failure of the Contractor to comply with these requirements shall be a material breach
of this Agreement.
[The remainder of this page was left blank intentionally]
00520-Agreement(Public Works)SAMPLE 281
00520-10
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in
duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions
of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on
their behalf.
This Agreement will be effective on , 20_ (the date the Contract is approved
by the Indian River County Board of County Commissioners, which is the Effective Date of the
Agreement).
OWNER: CONTRACTOR:
INDIAN RIVER COUNTY
By: By.
Solari, CN, an (Contractor)
By: --- l (CORPORATE SEAL)
JasoA E. B�own, County Administrator
Attest
APPROVED AS TO F RM AND LEGAL
SUFFICIENCY:
By:
an Reingold, County Attorney Address for giving notices:
Jeffrey R. Smith, Clerk of Court and Comptroller
License No.
Attest: (Where applicable)
Deputy Clerk
(SEAL) - Agent for service of process:
Designated Representative:
Name: Richard B. Szpyrka, P.E. Designated Representative:
Title: Public Works Director Name:
1801 27th Street Title:
Vero Beach, Florida 32960 Address:
(772) 226-1221
Facsimile: (772) 778-9391
Phone.
Facsimile:
(If CONTRACTOR is a corporation or a
partnership, attach evidence of authority to sign.)
* * END OF SECTION **
00520-Agreement(Public Works)SAMPLE Z81
00520-11
PEPARTMENTAL
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
r
TO: Jason E. Brown,County Administrator a
FROM: Richard B.Szpyrka P.E., Public Works Director
SUBJECT: Fellsmere Unmaintained Unpaved Roadways
DATE: July 5, 2016
DESCRIPTION AND CONDITIONS
On June 27, 2016 the Indian River County Board of County Commissioners held a Fellsmere Roads
Workshop in the City of Fellsmere.The Board is considering the addition of certain unmaintained unpaved
roadways to the maintenance responsibility of Public Works and directed staff to return to the Board on
July 12, 2016 with a recommendation of roads for the Board to approve. The parameters of the
recommendation were for staff to expand the existing grader route by six(6)to ten(10)miles to avoid the
need to hire additional staff and purchase additional equipment. Staff was also to review this as a short
term adjustment to the existing grader route to allow the maintenance to sunset in three (3) to five (5)
years.This time frame will allow the Fellsmere Water Control District(FWCD)to obtain authority to become
an Improvement District within this time frame.The Board indicated that the County would add this to our
legislative agenda.
At the workshop, staff presented the Board with background regarding the need to improve any
unmaintained unpaved roadways to meet minimum roadway standards as part of expanding roadway
maintenance in unincorporated Fellsmere. Staff informed the Board that a majority of the unpaved
roadways being considered for maintenance are not within County right-of-way or FWCD right-of-way.
These roadways are on private property and presents legal issues with maintenance of unpaved roadways
on private property. The presentation included information regarding the legal liabilities that the County
could encounter from adding sub-standard roadways to the County maintenance program and raised
concerns with regards to funding the proposed maintenance on roadways that are located on private
property.The Florida Constitution limits the imposition of taxes and the expenditure of tax revenues to
public purposes. In order to comply with this constitutional restriction,the Florida Attorney General has
opined that a county may furnish road grading of private roads so long as payment for actual costs of such
service is borne by the owners of the private roads. In the alternative, the Florida Attorney General has
stated that the public must be granted the right to utilize such roads. Examples of establishment of such
rights include granting of easements and dedication of rights-of-way.
Per Board direction, staff has analyzed the unmaintained unpaved roadways within unincorporated
Fellsmere.A list of unmaintained unpaved roadways that benefited the most residents was developed and
staff evaluated each of the roadways to produce a cost for material to be used to fill/level/grade the
unmaintained unpaved roadways within the existing footprint of the existing roadway. The estimated
amount of stabilized material required is 4,700 cubic yards at a cost of$69,325.
Staff also evaluated the need for material on the 30 miles of County maintained unpaved roadways in
unincorporated Fellsmere and estimates that approximately 9,600 cubic yards of additional material is
10
C:1Users\rszpyrka\Dcsdtop\Feltsmm Water Control District RoadwaysWellsmere Unpaved Road Agenda 070516.doc
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Fellsmere Unmaintained Unpaved Roadways
BCC Agenda Item for July 12,2016
needed at a cost of$141,600, for a total cost of$210,925 for material to be utilized in unincorporated
Fellsmere for roadway maintenance.It should be noted that staff has been approached by residents on the
currently maintained roadways asking when additional material will be added to smooth and raise the
roadway so that "mud holes" will not develop. Please be aware that the FWCD is responsible to provide
material to the County for road maintenance and that material has not been provided by the FWCD for
years.
The following list is for the Board to consider for expansion of current grader route:
Street Name West of 130th Ave Percentage AdditionalDeveloped Miles
Total Developed
Parcels Parcels
81st Street 36 25 69.44% 1.25
85th Street 39 18 46.15% 1.25
87th Street 35 11 31.43% 1.25
Street Name West of 141st Ave
Total Developed
Parcels Parcels
93rd Street 26 11 42.31% 1.4
95th Street 28 ( 14 1 50.00% 1.4
Street Name West of CR 507
Total Developed
Parcels Parcels
109th Street 19 4 21.05% 1.5
146th Avenue S. of 109th 4 2 50.00% 0.25
107th Street W. of 146th 12 5 41.67°x6 0.9
Total Miles
Added = 9.2
184
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Fellsmere Unmaintained Unpaved Roadways
BCC Agenda Item for July 12,2016
The 30 miles of roadway currently maintained by the County are graded on average once every 10 working
days(two weeks).Based on this information,the addition of 9.2 miles of roadway will reduce the frequency
of grading to approximately once every 14 working days(three weeks). If the recommended roadway list is
approved for addition to the current grader route, the purchase of additional stabilization is approved to
fill/level/grade the unmaintained unpaved roadways,and the revised agreement between the County and
FWCD is complete, staff anticipates that it will take three months to complete the work necessary to
establish a proper foundation for efficient grading of the added roadways. Staff must point out that this
work will not address drainage as part of the proposed roadways to be maintained.
FUNDING
Funding for additional material is not budgeted in the current fiscal year, but is available from Secondary
Road Cash Forward, Account No. 109039-389040. A budget amendment will be necessary to provide
funding in the amount of$210,925.00.
RECOMMENDATION
Staff does not recommend expanding the existing grader route to include any currently unmaintained
unpaved roadways without improving the roadways to meet minimum standards to ensure public safety,
addressing the legal issue regarding maintenance of private property, and addressing stormwater runoff
onto private property.
Based on direction from the Board at the June 27,2016 workshop,staff offers the following to the Board for
staff direction.
Directthe County Administrator to add the unmaintained unpaved roadways outlined above to the current
grader route in unincorporated Fellsmere,prepare a budget amendment for$210,925.00 to fund additional
stabilized material for the unpaved roadways within unincorporated Fellsmere, and to prepare a revised
agreement between the County and the FWCD as follows:
• Update current agreement with Fellsmere Water Control District(FWCD)to indemnify and hold
harmless Indian River County for all claims related to the drainage right-of way for access.
• Update current agreement with FWCD to define roadway maintenance as maintenance of the
FWCD access road for drainage canals/ditches.
• Include in the agreement a requirement authorizing the direct discharge of untreated
stormwater runoff from the unpaved roadways into the FWCD ditch system.
• Update the current agreement to clarify the maintenance responsibilities for culverts and
bridges within the FWCD right-of-way.
• Update the current agreement to require the FWCD to pursue State approval for the Water
Control District to become an Improvement District so that roadway maintenance will be the
responsibility of the District to maintain.
• Update the current agreement to add the roadways-listed above for maintenance for a three to
five-year period.
Once the revised agreement between the County and the FWCD is complete,staff can begin maintenance
of the roadways listed above.
285
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Fellsmere Unmaintained Unpaved Roadways
BCC Agenda Item for July 12,2016
ATTACHMENTS
Indian River County Approjp4 Date
DISTRIBUTION Administration —71& /(0
Budget
Legal
Public Works
APPROVED AGENDA ITEM
FOR:
By:
286
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ATTORNEY'S MATTER: 7112116
Of ce of )3 A
INDIAN RIVER COUNTY
ATTORNEY
Dylan Remgold,County Attorney
William K.De$raal,Deputy County Attorney
Kate Pingolt Cotner,Assistant County Attorney
MEMORANDUM
TO: The Board of County Commissioners
FROM: William K. DeBraal - Deputy County Attorney
V/-O—
DATE: June 27, 2016
SUBJECT: Demolition Lien - Lot 1, Albrecht Grove Subdivision
The County has demolished dilapidated structures on the following parcel of property
identified below:
Property Owner Parcel Description Cost
Hecto Bello 33-39-04-00008-0000-00001.0 $15,495.10
Lot 1, Albrecht Grove Subdivision
2025 45th Avenue, Vero Beach, FL 32960
The next step in the process is filing a lien against the property for the costs of
demolition.
In accordance with County Code Section 100.080, the Board passed Resolution No.
2016-037 to have the lien filed against the property for the costs incurred by the County
in demolishing the unsafe structures. Notice of the proposed demolition lien was mailed
to the parties in interest, and, pursuant to our code, each party in interest may now
appear before the Board and be heard as to the amount of the proposed demolition lien.
Approved for July 12, 2016 BCC Meeting Indian River Co. Appr Date
Attorney's Matters Admin.
Co.Atty
Budget (, Z
OUNTY ATTORNEY Department
Risk Mgmt
1
287
Attached is the lien for the property that, if approved by the Board, will be recorded in
the public records against the property. Also attached is the itemization of costs for the
demolition.
FUNDING:
Costs associated with this item are recording fees for recording the lien in the public
records at a cost of $10.00. Funds for this expenditure are available in the MSTU
Fund/Road & Bridge/Other Contractual Services, Account No. 00421441-033490.
RECOMMENDATION:
The County Attorney's Office recommends the Chairman allow each party in interest for
the property to address the Commission and be heard on the amount of the proposed
lien concerning the property. Following any comments, staff recommends approval of
the lien amount and authorization for the Chairman to sign the lien for recordation in the
public records.
/nhm
Attachments: Lien
Itemization of costs for the demolition
cc: Scott McAdam—Building Official
2 288
This document was prepared by
and should be returned to:
Indian River County Attorney's Office
1801 27"'Street
Vero Beach,FL 32960
772-226-1425
LIEN
THIS LIEN, filed the day of 2016, by INDIAN RIVER
COUNTY, a political subdivision of the State of Florida, pursuant to the authority
of the Code of Indian River County, Section 403.08, Property Maintenance Code,
for costs incurred by Indian River County, Florida, to remove nuisance structures
from property located within Indian River County, and described as follows:
Lot 1, ALBRECHT GROVE SUBDIVISION, according to the Plat
thereof, recorded in Plat Book 3, Page 100, of the Public Records of
Indian River County, Florida.
Parcel No. 33-39-04-00008-0000-00001.0
The name of the record owner of the above-described property is:
Hecto Bello
THIS LIEN is filed against the real property to secure the payment of Fifteen
Thousand Four Hundred Ninety-Five and 101100 Dollars ($15,495.10), for the cost
of demolition and removal of the nuisance structures.
THIS LIEN shall, from the date of filing, accrue interest at the rate of five
percent (5.00%) per annum, until the total amount, including interest, has been
paid.
INDIAN RIVER COUNTY, FLORIDA
By:
Bob Solari, Chairman
ATTEST: Jeffrey R. Smith, Clerk of Board of County Commissioners
Circuit Court and Comptroller
BCC approved:
By. Deputy Clerk APPROVEy) ASA.
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this day of
2016, by Bob Solari, Chairman of the Board of County
Commissioners of Indian River County, Florida, who is personally known to me.
NOTARY PUBLIC:
Signature:
Printed name:
Commission No.:
Commission Expiration:
SEAL:
189
I
COSTS FOR LIEN ATTACHMENT CALCULATIONS:
Hecto Bello
2025 451 Avenue
INSPECTION REPORT ON PROPERTY $ 75.00
POSTING CONDEMNATION CARDS $ 75.00
OWNERSHIP & ENCUMBRANCE REPORT $ 75.00
PREPARING CERTIFIED NOTICES $ 45.00
POSTAGE CERTIFIED (4 @ $6.73) $ 26.92
INSPECTION BY BUILDING OFFICIAL $ 75.00
NOTICE TO OWNER OF BCC MEETING $ 45.00
POSTAGE — CERTIFIED MAIL (4 @ $6.73) $ 26.92
NOTICE TO OWNER OF BCC MEETING $ 45.00
POSTAGE — CERTIFIED MAIL (4 @ $6.73) $ 26.92
(meeting was cancelled — notice of cancellation)
NOTICE TO OWNER OF BCC MEETING $ 45.00
POSTAGE — CERTIFIED MAIL (4 @ $6.46) $ 25.84
(re-scheduled meeting date notice)
RECORDING FEES:
- CERTIFICATE OF BUILDING OFFICIAL $ 10.00
- INTENT TO LIEN (RESOLUTION) $ 18.50
- NOTICE OF COMMENCEMENT $ 10.00
-ACTUAL LIEN $ 10.00
COSTS OF DEMOLITION $14,860.00
TOTAL COSTS: $15,495.10
290
Counry.41torney's Matters-B.C.CC 7 12.16
1VE JF
Office of 17, ks
INDIAN RIVER COUNTY
z
ATTORNEY
�'�ORtpP►
Dylan Reutgold,County Attomev
William K.DeBraal,Depute County Attorney
Kate Pingolt Cotner,Assistant County Attorney
MEMORANDUM
TO: Board of County Commissioners
FROM: Dylan Reingoid, County Attorney
DATE: July 5, 2016
SUBJECT: Disposition of Real Property
BACKGROUND
For counties, there are several statutory processes for disposal of real property. These include
competitive bidding, private sales under limited circumstances, property exchanges, sales to government
agencies or nonprofit organizations, and transfers for affordable housing purposes.
Com etitive Bid
Pursuant to section 125.35(1), Florida Statutes, a county may convey real property to the highest
and best bidder for the particular use the board deems to be the highest and best. Notice of a sale must be
published once a week for at least two weeks in a newspaper of general circulation published in the
county. The bid of the highest bidder complying with the terms and conditions set forth in such notice
shall be accepted, unless the board_rejects all bids because they are too low. The board may require a
deposit to be made or a surety bond to be given, in such form or in such amount as the board determines,
with each bid submitted.
Indian River Co. Ape
vel Date
Approved for July 12,2016 BCC Meeting Admin. 7 Io
County Attorney's Matters lk
Co.Ath
Or
Budget Vida
Department Q —
COUNTY ATTORNEY
Management -- ---
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Board of County Commissioners
July 5, 2016
Page Two
Private Sale
Pursuant to section 125.35(2), Florida Statutes, if a parcel of Teal property is of insufficient size
and shape to be issued a building permit or when the value of a parcel of real property is $15,000 or less
and is of use only to one or more adjacent property owners, the board may enter into a private sale of the
parcel. The board may, after sending notice of its intended action to adjacent property owners, sell the
parcel at private sale without receiving bids or publishing notice. However, if, within 10 working days
after receiving such mailed notice, two or more adjacent property owners notify the board of their desire
to purchase the parcel, the board shall accept sealed bids for the parcel from such property owners and
may convey the parcel to the highest bidder or may reject all offers.
Property Exchange
Pursuant to section 125.37, Florida Statutes, the board may exchange real property, not needed for
county purposes, for other real property, which the county may desire to acquire for county purposes.
Before any exchange of real property, a notice, setting forth the terms and conditions of the exchange of
property, must be published, once a week for at least two weeks, in a newspaper of general circulation
published in the county, before the adoption by the board of a resolution authorizing the exchange of
properties.
Sale to Governmental Agencies or Nonprofit O anizations
Pursuant to section 125.38, Florida Statutes, if a governmental agency or corporation or other
organization not for profit which may be organized for the purposes of promoting community interest and
welfare, desires any real property owned by any county then such entity may apply to the board for a
conveyance of such real property. The board may convey the real property at a private sale to the
applicant for at a price set by the board, regardless of the actual value of the real property. The board is
required to adopt a resolution setting forth the purpose for which the property will be used and the price.
Affordable Housing
Pursuant to section 125.379, Florida Statutes, every three years each county is required to prepare
an inventory list of all county owned real property that is appropriate for use as affordable housing. The
board is required to review the inventory list at a public hearing and then adopt a resolution that includes
the inventory list of such property. The properties identified on the inventory list may be offered for sale
with the proceeds used to purchase land for the development of affordable housing or to increase the local
government funds earmarked for affordable housing, or may be sold with a restriction that requires the
development of the property as permanent affordable housing, or may be donated to a nonprofit housing
organization for the construction of permanent affordable housing.
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Board of County Commissioners
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Page Three
Alternative Procedures
Pursuant to section 125.35(3), Florida Statutes, counties may dispose of real property through
alternative procedures established by ordinance. On June 7, 2016, the Indian River County Board of
County Commissioners (the "Board") directed staff to examine different options of alternative procedures
to dispose of real property.
At the June 7,.2016, Board meeting, the Board discussed the Citrus County ordinance on the
subject. The Citrus County ordinance contains three alternative procures. The first is a minimum base
bid. Under this process, a minimum base bid is determined by, 1) a written offer procured by a real estate
broker; 2) an appraisal; or 3) an unsolicited written offer made by a prospective purchaser. After
determining the minimum base bid, the county may elect to advertise for bids on the property. Upon
receipt of the sealed bids, the property is sold to the bidder submitting the highest, qualified, responsive
and best bid.
The second process is what is the negotiated sale. The county is authorized through the negotiated
sale process to use a licensed real estate broker or a public auction house. Any offer made to a licensed
real estate broker for purchase of property is-brought to the board of county commissioners in the form of
a purchase agreement. For any real property dispositions made through public auction, the county
establishes a base reserve for the property.
The final process involves the request for proposals process. Under the request for proposal
process, if the sale of the property was initiated in response to an unsolicited offer by a prospective
purchaser then the offeror submits another proposal. If no other proposal is received, the original proposal
shall be accepted, unless the original offer was deemed unacceptable and rejected before issuing the
request for proposals.
There are advantages to utilizing the minimum bid process. The process utilizes the traditional
competitive bid process, but sets a minimum price. Thus, the process creates a level playing field with all
bidders, like a traditional competitive bid, but establishes a minimum amount that the county would accept
in order to sell the property,limiting the number of responses that would not be considered.
There are advantages for utilizing an auction process. The auction is an accelerated real estate
marketing process that involves the public sale of any property through open cry, competitive bidding.
The benefits include 1) a time certain quick disposal which reduces long-term carrying costs such as
maintenance, 2) competition among buyers, 3) elimination of showings, hosted by staff, and 4) no
negotiation process. The auction process is also transparent.
Using a real estate agent also has its advantages. A real estate agent can bring education and
experience in obtaining fair value for property, as well as a list of potentially interested buyers. Real
estate agents will also be motivated to complete the sale of the property. A real estate agent may also be
able to bring back multiple offers to the Board to consider. Also by using a real estate agent the County is
able to safe staff time in completing a sale. One disadvantage to utilizing a real estate agent is that even if
a competitive bidding process is used to select a real estate agent of agents, there could be real estate
agents who will be unsatisfied if not chosen.
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Board of County Commissioners
July S, 2016
Page Four
The request for proposal process may be advantageous when the Board is seeking to disposal of
real property but in an innovative manner. The Board would probably only utilize this method in rare and
unique circumstances.
It is recommended that any proposed ordinance require that the particular method chosen be
approved by the Board.
FUNDING
The costs associated with this item would include the costs of publication of the required public notice of
this public hearing with respect to any proposed ordinance. Such cost would be funded from the County
Attorney's Office budget within the General Fund (account number 00110214-033190).
RECOMMENDATION
The County Attorney recommends that the Board consider the options for alternative methods for the
disposition of real property and determine whether to direct the County Attorney's Office to draft an
ordinance incorporating some or all of the described options.
F--A nrr)',bndorME W-B CC4dg�daM—VDspadam oY'Rrd Prop ftdo:
194
County Altorney's Matters-R.CC 7 12 16
�vER Ofce of
z INDIAN RIVER COUNTY
ATTORNEY
Dylan Retngold,County Attorney
Wilhain K.DeBraal,Deputy County Attorney
Kate PTngolt Cotner,Assistant CowTn,.lttorney
MEMORANDUM
TO: Board of County Commissioners
FROM: Dylan Reingold, County Attorney
DATE: July 5,2016 f f?''
SUBJECT: Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant Program
BACKGROUND
Per Section 951.26, Florida Statutes, in 1993, the Indian River County Board of County
Commissioners (the "Board") established a public safety coordinating council. Per the statutes, the public
safety coordinating council consists of the following individuals.
1. The state attorney, or an assistant state attorney designated by the state attorney.
2. The public defender, or an assistant public defender designated by the public defender.
3. The chief circuit judge, or another circuit judge designated by the chief circuit judge.
4. The chief county judge, or another county judge designated by the chief county judge.
5. The chief correctional officer.
Indian River Co. Appro ed Dat
Approved for July 12, 2016 BCC Meeting Admin.
County Attorney's Matters Co. t
Budget
Department
COIJNTTY ATTORNEY Risk Management
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Board of County Com►nissioners
July 5, 2016
Page Two
6. The sheriff, or a member designated by the sheriff, if the sheriff is not the chief correctional
officer.
7. The state probation circuit administrator, or a member designated by the state probation circuit
administrator, to be appointed to a 4-year term.
8. The chairperson of the board of county commissioners, or another county commissioner as
designee.
9. If the county has such program available, the director of any county probation or pretrial
intervention program, to be appointed to a 4-year term.
10. The director of a local substance abuse treatment program, or a member designated by the
director, to be appointed to a 4-year term.
11. Representatives from county and state jobs programs and other community groups who work
with offenders and victims, appointed by the chairperson of the board of county commissioners to 4-year
terms.
The public safety coordinating council assesses the -population status of all detention or
correctional facilities owned or contracted by Indian River County, and formulates recommendations to
ensure that the capacities of such facilities are not exceeded. The public safety coordinating council also
may develop a local public safety plan for future construction needs and a comprehensive local reentry
plan that is designed to assist offenders released from incarceration to successfully reenter the community.
Per section 394.657, Florida Statutes, each board of county commissioners was required to
designate the county public safety coordinating council established under section 951.26, Florida Statutes,
or designate another criminal or juvenile justice mental health and substance abuse council or committee,
as the planning council or committee. The public safety coordinating council or other designated criminal
or juvenile justice mental health and substance abuse council or committee, in coordination with the
county offices of planning and budget, is required to make a formal recommendation to the board of
county commissioners regarding how the Criminal Justice, Mental Health, and Substance Abuse
Reinvestment Grant Program may best be implemented within a community. Under the statute, the board
of county commissioners may assign any entity to prepare the application on behalf of the county
administration for submission to the Criminal Justice, Mental Health, and Substance Abuse Statewide
Grant Review Committee for review.
In 2014, section 394.657, Florida Statutes, was amended to require additional members to the
designated planning council or committee. The following is the list of members required.
1. The state attorney, or an assistant state attorney designated by the state attorney.
2. A public defender, or an assistant public defender designated by the public defender.
3. A circuit judge designated by the chief judge of the circuit.
F'u+mmel"LnMSGEYFAALIB CC}AY�^Veaotl46/c SafrpCmwnl do:
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Board of County Commissioners
Judy 5, 2016
Page Three
4. A county court judge designated by the chief judge of the circuit.
5. The chief correctional officer.
6. The sheriff, if the sheriff is the chief correctional officer, or a person designated by the sheriff.
7. The police chief, or a person designated by the local police chiefs association.
8. The state probation circuit administrator, or a person designated by the state probation circuit
administrator.
9. The local court administrator, or a person designated by the local court administrator.
10. The chairperson of the board of county commissioners, or another county commissioner
designated by the chairperson, or, if the planning council is a consortium of counties, a county
commissioner or designee from each member county.
1 l. The director of any county probation or pretrial intervention program, if the county has such
a program.
12. The director of a local substance abuse treatment program, or a person designated by the
director.
13. The director of a community mental health agency, or a person designated by the director.
14. A representative of the substance abuse program office and the mental health program office
of the Department of Children and Families, selected by the substance abuse and mental health program
supervisor of the district in which the county is located.
15. A primary consumer of mental health services, selected by the substance abuse and mental
health program supervisor of the district in which the primary consumer resides. If multiple counties apply
together, a primary consumer may be selected to represent each county.
16, A primary consumer of substance abuse services, selected by the substance abuse and mental
health program supervisor of the district in which the primary consumer resides. If the planning council is
a consortium of counties, a primary consumer may be selected to represent each county.
17. A family member of a primary consumer of community-based treatment services, selected by
the abuse and mental health program supervisor of the district in which the family member resides.
18. A representative from an area homeless program or a supportive housing program.
19. The director of the detention facility of the Department of Juvenile Justice, or a person
designated by the director.
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Board of County Commissioners
July 5, 2016
Page Four
20. The chief probation officer of the Department of Juvenile Justice, or an employee designated
by the chief probation officer.
Per section 394.657, Florida Statutes, the chairperson of the Board or another county
commissioner, if designated, shall serve as the chairperson of the planning council or committee until a
chairperson is elected from the membership.
Per Resolution 2011-072, the Board appointed the County Attorney to monitor various committee
terms. One of those committees includes the public safety coordinating council established per Section
951.26, Florida Statutes. The County Attorney's Office requests authorization from the Board to include
this committee as part of those being monitored by the County Attorney. Please note that many of these
positions are either appointments due to official positions or selected by outside entities. As noted above,
the public safety coordinating council will be required to make a formal recommendation to the Board
regarding how the Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant Program
may best be implemented within Indian River County.
On June 14, 2016, the Department of Children and Families, Office of Substance Abuse and
Mental Health released a request for applications for grants pertaining to the public safety coordinating
council. There are planning grants which include a maximum of $100,000 per county for a 12-month
project period and implementation and expansion grants for a maximum of$1,200,000 per county for a
project period of 36 months. A mandatory notice of intent to submit an application is due on July 19,
2016. Applications are due September 21, 2016. A copy of the application package is attached.
FUNDING
Staff anticipates that the costs of monitoring the committee and submitting a letter of intent to be
minimal. If the Board decides to apply for a grant, local matching funds are required and grant funding
will not be awarded unless the applicant makes available resources in an amount equal to the total amount
of the grant. The grant application indicates that for implementation and expansion grants only, a cash
match of five percent in the first program year, ten percent in the second program year and 15 percent in
the third program year is required and the balance of the match may be in-kind. The grant application
indicates that a cash match is not required for planning grants.
RECOMMENDATION
The County Attorney's Office recommends that the Board authorize the County Attorney to
monitor the membership of the public safety coordinating council consistent with the requirements of
section 394.657, Florida Statutes. The County Attorney also recommends that the Board decide whether it
wishes to file, or authorize an entity to file on its behalf, a notice of intent to submit an application by the
July 19, 2016 deadline.
ATTACIELMENT
Application Package
I
298
RFA06H16GS1
. e
-MYRFAmi Li Es.com
CRIMINAL JUSTICE, MENTAL HEALTH, AND
SUBSTANCE ABUSE REINVESTMENT GRANT
Request for Applications
GRANT # RFA061-116GS1
Commodity Codes: 912050, 912110, 912140, 912170, 913180, 913311
Department of Children and Families
Office of Substance Abuse and Mental Health
I �
294
RFA06H16GS1
Table of Contents
SECTION1 INTRODUCTION...................................................................................................................4
1.1 STATEMENT OF NEED AND PURPOSE.......................................................................................................4
1.2 MANDATORY QUALIFICATIONS..................................................................................................................4
1.3 FUNDING.........................................................................................................................................................4
1.4 LOCAL MATCH REQUIREMENTS.................................................................................................................5
1.5 TARGET POPULATION..................................................................................................................................5
1.6 DEFINITIONS..................................................................................................................................................5
SECTION 2 SCOPE OF GRANT ACTIVITIES.........................................................................................8
2.1 PROGRAM SPECIFICATIONS......................................................................................... .........................8
2.2 OBJECTIVES AND TASKS............................................................................................................................9
2.3 SUSTAINABILITY......................................................................................................................................... 11
2.4 PERFORMANCE MEASURES...................................................................................................................... 11
2.5 DELWERABLES........................................................................................................................................... 12
2.6 Documentation and Reporting.................................................................................................................... 12
2.7 METHOD OF PAYMENT............................................................................................................................... 14
2.8 FINANCIAL CONSEQUENCES.................................................................................................................... 14
2.9 RETURN OF FUNDS..................................................................................................................................... 14
SECTION 3 GRANT SOLICITATION AND EVALUATION PROCESSES..............................................15
3.1 CONTACT PERSON..................................................................................................................................... 15
3.2 LIMITATIONS ON CONTACTING THE DEPARTMENT............................................................................... 15
3.3 SCHEDULE OF EVENTS AND DEADLINES................................................................................................ 15
3.4 MANDATORY NOTICE OF INTENT TO SUBMIT AN APPLICATION......................................................... 16
3.5 OBTAINING A COPY OF THE REQUEST FOR APPLICATIONS................................................................ 16
3.6 DIRECTIONS FOR SUBMITTING AN APPLICATION.................................................................................. 16
3.7 APPLICATION FORMATTING INSTRUCTIONS.......................................................................................... 17
3.8 APPLICATION COMPONENTS.................................................................................................................... 17
SECTION 4 APPLICATION REVIEW CRITERIA AND METHODOLOGY..............................................22
4.1 REVIEW METHODOLOGY...........................................................................................................................22
4.2 MANDATORY CRITERIA AND CORRECTION............................................................................................ 22
4.3 REVIEW CRITERIA.......................................................................................................................................22
4.4 GRANT REVIEW COMMITTEE.....................................................................................................................22
4.5 SELECTION OF APPLICANTS FOR AWARD.............................................................................................23
2
300
RFA06H16GS1
4.6 DEPARTMENT'S RESERVED RIGHTS........................................................................................................23
4.7 NOTICE OF GRANT AWARD....................................................................................................................... 23
4.8 FORMAL APPEALS...................................................................................................................................... 24
APPENDIX A-STRATEGIC PLAN FORMAT............................................................................................25
APPENDIX B-GUIDANCE FOR INCORPORATING EVIDENCE-BASED OR BEST PRACTICES.........27
APPENDIX C-COVER PAGE FOR GRANT APPLICATION....................................................................29
APPENDIX D-STATEMENT OF MANDATORY ASSURANCES.............................................................30
APPENDIX E-MATCHING FUNDS...........................................................................................................31
APPENDIX F-LIST OF FISCALLY-CONSTRAINED FLORIDA COUNTIES............................................33
APPENDIX G-BUDGET INSTRUCTIONS................................................................................................34
APPENDIX H-COMMITMENT OF MATCH DONATION FORMS.............................................................36
APPENDIX I-MATCH COLLECTION SUMMARY REPORT......................................................................38
APPENDIX J-CHECKLIST OF MANDATORY APPLICATION CRITERIA...............................................39
APPENDIX K- CRIMINAL JUSTICE, MENTAL HEALTH S SUBSTANCE ABUSE REINVESTMENT GRANT
PLANNING COUNCIL OR
COMMITTEE 40
APPENDIX L- NOTICE OF INTENT TO SUBMIT AN APPLICATION.......................................................41
3
301
RFA06H16GS1
SECTION 1 INTRODUCTION
1.1 STATEMENT OF NEED AND PURPOSE
The Criminal Justice, Mental Health, and Substance Abuse(CJMHSA) Reinvestment Grant Program(Program)was
created by the 2007 Florida Legislature by s. 394.656, F.S., and is housed within the Department of Children and
Families(Department).The purpose of this Request for Applications(RFA)is to provide funding under the Program to
counties which they may use to plan, implement, or expand initiatives that increase public safety, avert increased
spending on criminal and juvenile justice systems,and improve the accessibility and effectiveness of treatment services
for adults and juveniles who have a mental illness, substance abuse disorders, or co-occurring mental health and
substance abuse disorders,who are in,or at risk of entering,the criminal or juvenile justice systems.
1.2 MANDATORY QUALIFICATIONS
Pursuant to s. 394 656, F.S.,a county or consortium of counties,or a not-for-profit community provider or managing
entity designated by the county planning council or committee(Applicant),as described s.394.657 F.S.,may apply for
a 1-year Planning Grant or a 3-year Implementation or Expansion Grant. The Applicant must comply with all
requirements listed in s.394.658, F.S.An application submitted by a consortium of counties must clearly designate a
lead county.
A not-for-profit community provider or managing entity applying for a Planning or an Implementation or Expansion
Grant must submit a letter certified by the county planning council or committee designating them to apply for the RFA
on behalf of the county
Pursuant to s.394.657 F.S.,for each Applicant,the Board of County Commissioners must designate the county Public
Safety Coordinating Council established under s.951.26,F.S.,or it must designate another criminal or juvenile justice
mental health and substance abuse council,or committee,as the planning council or committee for the Program.The
Public Safety Coordinating Council or other designated criminal orjuvenile justice mental health and substance abuse
council, or committee, in coordination with the county offices of planning and budget, must make a formal
recommendation to the board of county commissioners regarding how the Program may best be implemented within a
community.
Counties forming a consortium may use a regional Public Safety Coordinating Council or another county-designated
regional criminal or juvenile justice mental health and substance abuse planning council or committee for the
geographic area represented by the member counties.
If a council or committee other than the Public Safety Coordinating Council is used for this purpose, its membership
must include all persons identified in s.394.657(2)(a),F.S. (See Appendix K, Planning Council or Committee Form).
1.3 FUNDING
This solicitation will support two types of grants.Applicants may seek only one type of grant in response to this RFA.
Applicants may seek funding that is less than the maximum limits set for each type of grant.Applicants must build their
application budgets based on the amount of state grant funds requested, as dictated in the grant maximums in this
section,plus the percent of matching funds required(see Local Match Requirements,Section 1.4).
1.3.1 Planning Grants
Grant Maximum:$100,000 per county, Project Period: 12 months
Counties forming a consortium may request $15,000 for each additional county(i.e. if three counties form a
consortium, the grant maximum would be $130,000, if there are four counties in the consortium, the grant
maximum would be$145,000)
This grant will not be awarded unless the Applicant makes available resources in an amount equal to the total
amount of the grant (see Local Match Requirements, Section 1.4). Grant funding must be spent within 12
months from date of award letter. Planning grants will not be renewed at the end of the one-year grant period.
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1.3.2 Implementation and Expansion Grants
Grant Maximum:$1,200,000 per county. Project Period-36 months
The maximum allowable grant award per county is$1,200,000 total for the 36 month period(i.e.$400,000 per
year). Counties forming a consortium may request$100,000 for each additional county, per fiscal year(i.e., if
three counties form a consortium,the grant maximum would be$600,000 per fiscal year,if four counties form a
consortium,the grant maximum would be$700,000 per fiscal year). This grant will not be awarded unless the
Applicant makes available resources in an amount equal to the total amount of the grant (see Local Match
Requirements, Section 1.4). Grant funding must be spent within 36 months from date of award letter.
Implementation and Expansion Grants will not be renewed at the end of the three-year grant period.
1.3.3 Program funding is contingent upon the availability of funds pursuant to an appropriation by the
legislature.There shall be no duplication of funding for those applicants who are awarded funding for a Central
Receiving System(CRS)Grant.
1.3.4 Program funds must be leveraged with federal,county or other state dollars,or private foundation grants.
1.4 LOCAL MATCH REQUIREMENTS
Local matching funds are required under this Program and grant funding will not be awarded unless the Applicant
makes available resources in an amount equal to the total amount of the Grant according to the following stipulations:
For Implementation and Expansion Grants only,a cash match of five percent in the first program year,ten percent in
the second program year and 15 percent in the third program year is required and the balance of the match may be in-
kind. A cash match is not required for Planning Grants.
For Applicants considered to be a fiscally constrained county, or a consortium of fiscally constrained counties, as
defined in Section 1.6,local matching funds must be at least 50 percent of the total amount requested in the application.
For fiscally constrained counties,no cash match is required.
If an Applicant is a combination of fiscally-constrained county(ies)and non-fiscally-constrained county(ies),this will not
alter the statutorily required percentages of matching funds for each.Additional details on matching funds requirements
can be found in Appendix E.
1.5 TARGET POPULATION
For this funding cycle,the Department has identified two potential Target Populations,Adults and Youth,as defined in
Section 1.6.Applications for funding can focus on either,or both, population(s)and must demonstrate collaborative
efforts between criminal justice and behavioral healthcare systems as well as the involvement of all relevant
stakeholders. Funding must be used for interventions designed to shift the identification, care and treatment of the
Target Population from the criminal or juvenile justice system to the behavioral healthcare system.
1.6 DEFINITIONS
The following definitions apply to the terms of this solicitation:
1.6.1 Applicant A county or consortium of counties, or a not-for-profit community provider or managing
entity designated by the county planning council or committee, as described s. 394.657, F.S., submitting an
application in response to this RFA.
1.6.2 At-Risk of Involvement in the Criminal or Juvenile Justice System. For adults, individuals who
have"at-risk'factors associated with possible criminal behavior, including: homelessness and other unstable
living situations, history of victimization or abuse,significant transitions such as a recent release from jail or re-
entry to the community from prison, and history of involvement in the criminal justice system. For youth,
individuals who have"at-risk'factors associated with possible delinquent behaviors that can lead to involvement
in the juvenile justice system,including individual factors(e.g.a child's impulsivity,tendency toward aggressive
behavior);family factors(e.g.a history of parental or caregiver abuse,or weak supervision);peer group factors
(e.g. a social group that encourages or tolerates the occurrence of crime); school-related factors (e.g. poor
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academic performance); and, community factors (e.g. a community that is disorganized and offers few
alternatives to crime as a source of money or activity).
1.6.3 Crisis Intervention Team(CIT).A first responder model that provides law enforcement-based crisis
intervention training for assisting individuals with a mental illness experiencing a behavioral healthcare crisis,
1.6.4 Consortium of Counties.Two or more counties working collaboratively to apply for and implement
the Program.
1.6.5 Department.An abbreviated version of the full title of the Florida Department of Children and Families.
1.6.6 Diversion Program. A program that seeks to divert individuals with mental illness,substance abuse
disorders or co-occurring disorders from the criminal or juvenile justice system and links them to community-
based services and supports in order to address root causes of criminal behavior through effective intervention,
1.6.7 Evidence-Based Programs and Practices (EBP).A program or intervention that complies with the
terms of Managing Entity Program Guidance 1 —Evidence Based Guidelines,available at:
http://www.myffamilies.conVservice-programs/substance-abuse/manag ing-entities/2016-contract-docs
1.6.8 Fiscally Constrained County. A county that is entirely within a rural area of opportunity as designated
by the Governor pursuant to s.288.0656, F.S.,or a county for which the value of a mill will raise no more than
$5 million in revenue, based on the taxable value certified pursuant to s. 1011.62(4)(a)l.a. F.S., from the
previous July 1,shall be considered a fiscally constrained county(s. 218.67(1), F.S.). See Appendix F for the
list of 29 counties that currently meet this designation.
1.6.9 Grantee.Applicants awarded Program funding as a result of this RFA.
1.6.10 Procurement Manager.A Department employee designated by the Director of the Office of Substance
Abuse and Mental Health to manage the process of awarding the CJMHSA Reinvestment Grant according to
the criteria outlined in this RFA.
1.6.11 Program.The abbreviated version of the full title of the Criminal Justice Mental Health and Substance
Abuse Reinvestment Grant Program.
1.6.12 Recovery Oriented Services.Recovery-oriented services include,but are not limited to,peer recovery
coaching, employment assistance, child care, care coordination and housing support. In a recovery oriented
system of care, recovery oriented services are offered in conjunction with a menu of traditional treatment
services.
1.6.13 Sequential Intercept Mapping. A process for reviewing a local community's mental health,substance
abuse,criminal justice,and related systems and identifying points of interceptions where interventions may be
implemented to prevent an individual with a mental illness or substance abuse disorder from entering further
into the criminal justice system.
1.6.14 Strategic Plan.A document that is the result of a formal systemic and stakeholder planning process
that documents participation by stakeholders; is data and research driven; establishes a path to the
accomplishment of prioritized goals and objectives;and describes an intended outcome and measurable targets
of achievement.If the Applicant participated in Sequential Intercept Mapping,the document produced as a result
of that mapping can serve as the Strategic Plan.
1.6.15 Supplant or Supplanting. The displacement of funds that previously would have been used by an
Applicant to accomplish the same work as the approved grant funds
1.6.16 Sustainablllty. The capacity of the Applicant and its partners to maintain the service coverage,
developed as a result of this grant,at a level that continues to deliver the intended benefits of the initiative after
the financial and technical assistance from the Department is terminated.
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1.6.17 Target Population. The selected category of individuals for which the Applicant intends to develop
and focus Program activities,further defined as follows:
1.6.18.1 Adults. Persons age 18 or older who have a mental illness,substance abuse disorder,or
co-occurring mental health and substance abuse disorders and who are in,or at risk of entering,the
criminal justice system.
1.6.18.2 Youth. Persons age 17 or younger who have a mental illness,substance abuse disorder,
or co-occurring mental health and substance abuse disorders and who are in,or at risk of entering,the
juvenile or criminal justice systems.
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SECTION 2 SCOPE OF GRANT ACTIVITIES
2.1 PROGRAM SPECIFICATIONS
2.1.1 The Program requires the selection of the Target Population, either Adult, Youth, or both as previously
defined. If serving both Target Populations, Applicants must demonstrate the capacity to serve the identified
populations simultaneously.
2.1.2 The Program requires the implementation of one of the following types of service models.Projects should
focus on diverting members of the Target Population from arrest,prosecution,or incarceration to treatment and
support services:
2.1.2.1 Evidence-based programs (i.e., Assertive Community Treatment, Supported Employment,
Modified Therapeutic Community,Permanent Supportive Housing);
2.1.2.2 Evidence-based practices (i.e., Motivational Enhancement Therapy, Cognitive Behavioral
Therapy);
2.1.2.3 Promising programs(i.e., Forensic ACT; Forensic Intensive Case Management, 12-Step;or
Peer-Based Recovery Support),or
2.1.2.4 Promising practices (i.e., Cognitive Behavioral Treatment targeting criminogenic risks,
Forensic Peer Specialists,Wraparound,Contingency Management).
Any proposed adaptations or modifications necessary to meet the unique needs of the Target Population or
otherwise increase the likelihood of achieving positive outcomes must be explained and justified. Further
guidance on how to access information on the services and practices can be found in Appendix B.
2.1.3 Planning Grants
2.1.3.1 Planning Grants must be used to develop and submit a Strategic Plan to initiate systemic
change for the identification,intervention,and treatment of the selected Target Population.
2.1.3.2 Planning Grants must be used to develop effective collaboration efforts among participants in
affected governmental agencies,including the criminal,juvenile,and civil justice systems, mental health
and substance abuse service providers, transportation programs, housing assistance programs, and
intervention programs.This collaboration must form the basis for a Strategic Plan to intercept individuals
from the system at the earliest point possible while promoting public safety.The Strategic Plan must also
include strategies to divert individuals from judicial commitment to community-based service programs.
2.1.3.3 Grantees are encouraged to use the Sequential Intercept Model (GAINS Center,
http:/Avww.samhsa.gov/gains-center) as a conceptual framework for proposing strategies that relate to
the identified Target Population and points of interception at which interventions can be implemented to
prevent individuals from entering or further involvement into the criminal or juvenile justice system,or re-
entering the criminal or juvenile justice system after release.
2.1.4 Implementation and Expansion Grants
2.1.4.1 Implementation and'Expansion Grants must be used to implement or expand an established
Strategic Plan that includes public-private partnerships and the application of evidence-based programs
and practices.
2.1.4.2 All services provided through Implementation and Expansion Grants must be coordinated with
the Managing Entity responsible for the coordinated system of care in the Grantee's location.
2.1.4.3 Grantees are encouraged to use the Sequential Intercept Model (GAINS Center,
http:l/www.samhsa.gov/gains-center) as a conceptual framework for proposing strategies that relate to
the identified Target Population and points of interception at which interventions can be implemented to
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prevent individuals from entering or further involvement into the criminal or juvenile justice system,or re-
entering the criminal or juvenile justice system after release.
2.1.4.4 Implementation and Expansion Grants can support, but are not limited to, the following
initiatives:
2.1.4.4.1 Mental health courts;
2.1.4.4.2 Diversion Programs;
2.1.4.4.3 Alternative prosecution and sentencing programs;
2.1.4.4.4 Crisis intervention teams;
2.1.4.4.5 Mental health and substance abuse treatment services;
2.1.4.4,6 Specialized training for justice and treatment services professionals;
2.1.4.4.7 Service delivery for collateral services such as housing and supported
employment;and
2.1.4.4.8 Reentry services to create or expand mental health and substance abuse services
and supports for affected persons.
2.1.4.5 Implementation and Expansion Grants require sufficient information technology capacity for
data collection on each individual served through the Program, including intake information and
performance outcomes for individuals.
2.1.4.6 Implementation and Expansion Grants must also provide, at a minimum, quarterly follow up
with individuals for one year once they are discharged from the Program.
2.2 OBJECTIVES AND TASKS
2.2.1 Objectives will be included in the Grant Agreement between the Department and the Grantee. The
Department reserves the right to change or modify the objectives in the final Grant Agreement.
2.2.2 Objectives must be related to implementation of specific programs, services, or policies, rather than
achievement of outcomes. Each objective must contribute to the goal of diverting the Target Population from
arrest, prosecution,or incarceration to treatment and support services.
2.2.3 Planning Grants
2.2.3.1 Objective 1 •Strategic Plan
The objective is to develop and submit a Strategic Plan for the proposed initiative,in accordance with the
template provided in Appendix A.
2.2.3.1.1 Tasks(Objective 1):
2.2.3.1.1.1 Conduct a current and thorough needs assessment, including clear
delineation of the Target Population(s);and
2.2.3.1.1.2 Evaluate at least quarterly the proposed planning activities identified
in the application to determine whether or not milestones are being met.
2.2.3.1.2 The Strategic Plan may also include the following objectives:
2.2.3.1.2.1 Developing the workforce (e.g., training, licensure, credentialing,
accreditation,etc.);
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2.2.3.1.2.2 Identifying progressive actions that move mental health and
substance abuse treatment services towards use of evidence-based and best
practices;
2.2.3.1.2.3 Modifying or adapting treatment services to meet the unique needs
of the Target Population;assuring that recovery oriented services are available;
2.2.3.1.2.4 Identifying and addressing policy, legal, social and other barriers
within the county;and
2.2.3.1.2.5 Measuring performance outcomes and assuring quality
improvement.
2.2.3.2 Objective 2—Collaboration
The objective is to create and encourage collaboration among key stakeholders in developing a
comprehensive Strategic Plan.
2.2.3.2.1 Tasks(Objective 2)
2.2.3.2.1.1 Involve key stakeholders, including potential sources of subject
matter expertise and funding in planning actions,
2.2.3.2.1.2 Provide key stakeholders with expert consultation and education on
speck approaches and their linkage to best known effective mental health and
substance abuse treatment practices,diversion strategies,and recovery oriented
services;
2.2.3.2.1.3 Establish legally binding agreements among agencies to provide and
coordinate services;and
2.2.3.2.1.4 Derive methodologies for sharing data and information among
partners.
2.2.3.3 Objective 3-To be proposed by the Applicant.
2.2.4 Implementation and Expansion Grants
2.2.4.1 Objective 1—Establish Programs and Diversion Initiatives
The objective is to establish programs and diversion initiatives that increase public safety,avert increased
spending on criminal justice,and improve the accessibility and effectiveness of treatment services for the
Target Population(s)within three(3)months of execution of the final Grant Agreement.
2.2.4.1.1 Tasks(Objective 1)
2.2.4.1.1.1 Establish legally binding agreements with all participating entities to
establish programs and diversion initiatives for the Target Population,examples of
which are provided in Section 2.1.4.4;
2.2.4.1.1.2 Provide, directly or by agreement, an information system to track
individuals during their involvement with the Program and for at least one year
after discharge, including but not limited to, arrests, receipt of benefits,
employment,and stable housing
2.2.4.1.1.3 Implement strategies that support the Grantee's project, examples
of which are provided in Section 3.8.5.3.4.
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2.2.4.2 Objective 2—Collaboration
The objective is to create and encourage collaboration among key stakeholders in implementing and
providing ongoing oversight and quality improvement activities of the Grantee's project.
2.2.4.2.1 Tasks(Objective 2)
2.2.4.2.1.1 Participate in planning council or commiftee meets regularly;
2.2.4.2.1.2 Assesses progress of the project based on established timelines and
review attainment of goals;and
2.2.4.2.1.3 Makes necessary adjustments to implementation activities, as
needed.
2.2.4.3 Objective 3-To be proposed by the Applicant.
2.3 SUSTAINABILITY
Grant awards resulting from this RFA will not be renewable after the end of the grant funding period. While Applicants
are not expressly precluded from responding to any future RFAs, the Department strongly encourages Applicants to
propose strategies to promote service sustainability at a level that continues to deliver the intended project benefits of
the initiative after the termination of a grant award.
2.4 PERFORMANCE MEASURES
Grantees must provide data that measures the results of their work. Both process and outcome data related to the
performance measures are to be collected and reported to the Department and the CJMHSA TAC at the Florida Mental
Health Institute Additional information requested by the CJMHSA TAC must also be provided to enable the CJMHSA
TAC to perform the statutory duties established in the authorizing legislation.
2.4.1 Planning Grants
The following performance measures will be included in the final Grant Agreement between the Department and
Grantees for Planning Grants.The Department reserves the right to change or modify the performance measures
in the final Grant Agreement.
2.4,1.1 Completion of the needs assessment and identification of the Target Population within 90 days
of execution of the final Grant Agreement.
2.4.1.2 Establish formal partnerships,as evidenced by legally binding agreements,with a minimum of
three(3)agencies(i.e.,law enforcement,homeless coalitions,treatment providers,courts,schools,etc.),
within 180 days of execution of the final Grant Agreement.
2.4.1.3 Completion of data sharing, collection and reporting methodologies among partners and the
CJMHSA TAC within 270 days of execution of the final Grant Agreement.
2.4.1.4 Completion of the Strategic Plan within 365 days of execution of the final Grant Agreement
2.4.1.5 The final Grant Agreement shall include at least one additional performance measure proposed
by the Applicant specific to the Applicant's Strategic Plan.
2.4.2 Implementation and Expansion Grants
The following performance measures will be included in the Grant Agreement between the Department and
Grantees for Implementation and Expansion Grants.The Department reserves the right to change or modify the
performance measures in the final Grant Agreement.The Department reserves the right to adjust the percentages
or target number for subsequent years of the Program based on a review of the previous year's performance:
2.4.2.1 Percent of arrests or re-arrests among Program participants while enrolled in the Program.
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2.4.2.2 Percent of arrests or re-arrests among Program participants within one year following Program
discharge.
2.4.2.3 Percent of Program participants not residing in a stable housing environment at Program
admission who reside in a stable housing environment within 90 days of Program admission.
2.4.2.4 Percent of Program participants who reside in a stable housing environment one year following
Program discharge.
2.4.2.5 Percent of Program participants not employed at Program admission who are employed full or
parttime within 180 days of Program admission.
2.4.2.6 Percent of Program participants employed full or part time one year following Program
discharge.
2.4.2.7 Percent of Program participants the Grantee assists in obtaining social security or other
benefits for which they may be eligible but were not receiving at Program admission.
2.4.2.8 Percent of Program participants diverted from a State Mental Health Treatment Facility.
2.4.2.9 The final Grant Agreement shall include at least one additional performance measure proposed
by the Applicant specific to the Target Population.
2.5 DELIVERABLES
The Department reserves the right to change or modify the deliverables in the final Grant Agreement.
2.5.1 Service Units
A unit of service is equal to one quarter of Program services and activities, to be reported to the Department
using the Quarterly Program Status Report outlined in Section 2.5.2.2.
2.5.1.1 Planning Grants
The following service targets will be incorporated into the final Grant Agreement to be achieved over the
life of the Grant Agreement and reported as part of the Quarterly Program Status Report:
2.5.1.1.1 Progress towards conducting a current needs assessment.
2.5.1.1.2 Progress towards establishing legally binding agreements with key stakeholders.
2.5.1.1.3 Progress toward submission of the final Strategic Plan.
2.5.1.2 Implementation and Expansion Grants
The following service targets will be incorporated into the final Grant Agreement as target numbers to be
achieved over the life of the Grant Agreement and reported as part of the Quarterly Program Status
Report:
2.5.1.2.1 A negotiated number of individuals enrolled in the Program.
2.5.1.2.2 If CIT training is included in the Grantee's proposed activities,a negotiated number
of law enforcement officers trained in the CIT model.
2.6 DOCUMENTATION AND REPORTING
All tasks and activities under this Program shall be documented and reported.All confidential records and confidentiality
of individuals served shall be protected from unauthorized disclosure. The Department may negotiate additional
required reporting in any Grant Agreement resulting from this RFA. At a minimum, the following reports shall be
completed and submitted in accordance with the due dates specified in Table 1:Reporting Schedule Program Status
Report.
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2.6.1 Quarterly Program Status Report
A detailed quarterly report of the services and activities performed in the previous three months and the progress
of the Program in meeting the performance measures,goals,objectives,and tasks described in the application.
The Department will provide the template needed to file this report.
2.6.2 Quarterly Financial Report
A detailed cumulative report of Program expenses,submitted every quarter of service provision. The Financial
Report is used to track all expenses associated with the grant and reconcile these expenditures with the
payments made by the Department. The Financial Report tracks both grant award-funded and county match-
funded expenses and encourages program expenditure planning and projection.
The Quarterly Financial Report must be signed and certified by an authorized representative that the Financial
Report represents a complete and accurate account of all expenses supported by the Program award and
statutory match obligations.The Department will provide the template needed to file this report.
2.6.3 Final Program Status Report
A detailed report of the services and activities performed for the entire award period and the status of the
Program in meeting the performance measures,goals,objectives,and tasks described in the application. The
Board of County Commissioners shall be responsible for approving the final report before submission to the
Department.
2.6.4 Final Financial Report
A detailed report of Program expenses for the entire award period documenting expenditure of grant funds and
compliance with the statutory match requirement.The Final Financial Report must be signed and certified by an
authorized representative that the Financial Report represents a complete and accurate account of all expenses
supported by the Program award and statutory match obligations.
2.6.5 Reporting Schedule
Reports shall be submitted in accordance with the following schedule;
Table 1.Reporting Schedule
Report Name f3ue`Dete 'DCF Address to Receive Reports
Program Status Report 15th day of the month following the quarter
of program services and activities
Financial Report 15th day of the month following the quarter Department of Children&Families
of program services and activities Substance Abuse&Mental Health
1317 Winewood Blvd
Final Program Status No later than 60 days following the ending Tallahassee,FL 32399
Report date of the Grant Agreement
Final Financial Report No later than 60 days following the ending
date of the Grant Agreement.
2.6.6 Additional Reporting Requirements
Additional reporting pertaining to the services and activities rendered shall be provided,should the Department
determine this to be necessary.
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2.6.7 Acceptance of Reports
Where delivery of reports is required by the Department,mere receipt by the Department shall not be construed
to mean or imply acceptance of those reports.It is specifically intended by the parties that acceptance in writing
of required report shall constitute a separate act. The Department reserves the right to reject reports as
incomplete,inadequate,or unacceptable.The Department,at its option,may allow additional time within which
any objections may be remedied.
2.7 METHOD OF PAYMENT
2.7.1 Planning Grants
Subject to the availability of funds, the Department will pay Grantees upon satisfactory completion of services,
terms, and conditions of the Grant Agreement. The Department intends to make quarterly payments, in fixed
equal amounts,based upon total funding.
2.7.2 Implementation and Expansion Grants
Subject to the availability of funds,the Department will pay Grantees upon satisfactory completion of services,
terms, and conditions of the Grant Agreement. The Department intends to make quarterly payments, in fixed
equal amounts,based upon each year's total funding.Funding in Years 2 and 3 are contingent upon compliance
with the requirements of this Program and demonstration of performance towards meeting Program goals and
objectives and the availability of funds.
2.8 FINANCIAL CONSEQUENCES
Any Grant Agreement resulting from this RFA will include financial consequences,to be negotiated with each Grantee.
2.9 RETURN OF FUNDS
Any unused or unmatched grant funds, as detailed in the Final Financial Report,must be returned to the Department
no later than 60 days following the end of the Grant Agreement.
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SECTION 3 GRANT SOLICITATION AND EVALUATION PROCESSES
3.1 CONTACT PERSON
This RFA is issued by the Florida Department of Children and Families.Questions about this RFA must be submitted
in writing to: Michele.staffieriamyflfamilies.com
3.2 LIMITATIONS ON CONTACTING THE DEPARTMENT
Applicants shall limit their contact regarding this RFA to the contact person listed above in Section 3.1.With reference
to this solicitation, no representations, other than those distributed by the contact person, in writing, are binding and
Applicants are cautioned that oral responses do not bind the Department.
3.3 SCHEDULE OF EVENTS AND DEADLINES
Any changes to these activities,dates,times or locations,will be accomplished by addenda.All times refer to Eastern
Standard Time.
Table 2:Schedule of Events and Deadlines
Event Date Time Location
Request for Applications June 14,2016 5:00 pm http:/Ivbs.dms.state.fl.us/vbs/main-menu
Advertised and Released
i Michele Staffier,Procurement Manager
' Department of Children and Families -
Mandatory Notice of Intent to - 1317 Winewood Blvd.,Bldg.6, Room 231
Submit an Application July 19,2016 5'OOpm Tallahassee,FL 32399-0700
Michele.staffieri a)myflfamilies.com
Conference Call with the Conference call#1-888-670-3525
Department to Discuss RFA July 20,2016 10:00 am Pin 2868250655
Requirements
Submission of Inquiries July 27;•2616 3:00 pm Michele.staffieri(5myflfamilies.com
Posting of Department August 3,2016 5:00 pm http://vbs.dms.state.fl.us/vbs/main menu
Responses to Inquiries
Michele StaffieA, Procurement Manager
Applications Due September2l, 2016' 11�:Q0'am Department of Children and Families
131.7 Winewood Blvd., Bldg.6, Room 23.1
Tallahassee,FL 32399-0700
Grants Review Committee 9:00 am- Conference call#1-888-670-3525
Meeting to Complete Review October 13,2016 4:00 pm Pin 2868250655
of Grant Applications
Anticipated Posting.of November 4,20.16' N/A http://vbs:dms.state.fl.ustvbs/main menu
Award(s)
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3.4 MANDATORY NOTICE OF INTENT TO SUBMIT AN APPLICATION
Anyone interested in submitting an application in response to this RFA are required to complete and submit APPENDIX
L—Notice of Intent to Submit an Application to the Procurement Manager specified in Section 3.1,by the date and
time specified in Section 3.3
3.5 OBTAINING A COPY OF THE REQUEST FOR APPLICATIONS
Interested parties may obtain a copy of the RFA from the following website. hftp.//vbs.dms.state.fl.ustvbs/main menu
3.6 DIRECTIONS FOR SUBMITTING AN APPLICATION
Applications not meeting the specifications below will be deemed nonresponsive and will not be eligible for evaluation
or grant award.
3.6.1 Applications must be submitted in accordance with Table 2: Schedule of Events and Deadlines.
Applications not received at the specified place or by the specified date and time will be rejected and returned
to the Applicant.
3.6.2 Applications must contain all of the items listed in Section 3.7, as determined during the first stage of
evaluation detailed in Section 4.2. Applications not containing the items listed will be deemed
nonresponsive and will not be eligible for the second stage of evaluation.
3.6.3 Number of Copies Required and Format for Submittal
3.6.3.1 One original hard copy application to the Department in response to this RFA. The original
application must contain an original signature of an official authorized to bind the Applicant to the
response.
3.6.3.2 One electronic copy of the application in PDF format(on CD-ROM or flash drive).
3.6.3.3 Electronic Copy Format
The required electronic format of the application must be on non-rewritable CD-ROM or flash drive.The
software used to produce the electronic files must be Adobe portable document format (°pdf), version
6.0 or higher.The Department must be able to be open and view the reply utilizing Adobe Acrobat,version
9.0 The electronic copy must be identical to the original application submitted, including the format,
sequence and section headings identified in this RFA. The electronic media must be clearly labeled in
the same manner as the original application. The original application shall take precedence over the
electronic version of the application in the event of any discrepancy. If a discrepancy is found between
the hard copy application and the electronic version, the Department reserves the right, at its sole
discretion,to reject the entire application.
3.6.4 Applicants may choose, and shall be responsible for,the method of delivery to the Department,except
that facsimiles or electronic transmissions will not be accepted at any time.
3.6.5 Clearly mark all packages=APPLICATION FOR CRIMINAL JUSTICE, MENTAL HEALTH &
SUBSTANCE ABUSE REINVESTMENT GRANT PROGRAM RFA06H16GS1°and mail to:
Florida Department of Children and Families
Office of Substance Abuse and Mental Health
Attn:Michele Staffed
1317 Winewood Blvd.Bldg.6,Room 231
Tallahassee, FL 32399
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3.7 APPLICATION FORMATTING INSTRUCTIONS
Applications must be formatted in accordance with the following:
3.7.1 Typed,single-spaced,in black ink,Arial font size 12;
3.7.2 8-112"x 11'paper,one column per page,single sided,with one inch margins on all sides;
3.7.3 Pages numbered on the bottom right hand comer,beginning with the cover page;
3.7.4 Secured in three-ring binders,clearly labeled on the front and spine identifying the name of the proposal
and the name of the Applicant;
3.7.5 Table of contents clearly showing the order of the material and associated page numbers;and
3.7.6 Tabs identifying each of the required sections.
3.8 APPLICATION COMPONENTS
A complete application consists of the following components:
3.8.1 Tab 1:Cover Page
Include a completed Cover Page,Appendix C,detailing the total amount of the requested grant by state fiscal
year and total,indication of the type of grant sought,the point of contact,and the signature of a duly authorized
county official.
3.8.2 Tab 2:Statement of Mandatory Assurances
Include a completed Statement of Mandatory Assurances,Appendix D, initialed by a duly authorized official.
3.8.3 Tab 3:Match Commitment and Summary Forms
Include completed Commitment of Match Donation Forms, Appendix H, from each organization that will be
providing matching funds and a completed Match Summary Report,Appendix I.
3.8.4 Tab 4: Project Narrative
3.8.4.1 Statement of the Problem
For both Planning and Implementation and Expansion Grants, describe the problem the project will
address.Document the extent of the problem with local or state data and include trend analysis.Describe
the project's geographic environment, Target Population, socioeconomic factors, and priority as a
community concem. If the Applicant is a consortium of counties, describe the geographic region to be
covered.
3.8.4.1.1 Provide an analysis of the current population of the jail or juvenile detention center
in the county or region,which includes:
3.8.4.1.1.1 The screening and assessment process used to identify the Target
Population(s);
3.8.4.1.1.2 The percentage of persons admitted to the jail or juvenile detention
center that represents people who have a mental illness,substance abuse disorder,
or co-occurring mental health and substance abuse disorders;
3.8.4.1.1.3 An analysis of observed contributing factors that affect population
trends in the county jail or juvenile detention center;and
3.8.4.1.1.4 Data and descriptive narrative that delineates the specific factors that
put the Target Population at-risk of entering or re-entering the criminal or juvenile
justice systems.
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3.8.4.1.2 Implementation and Expansion Applicants Only
Provide a concise analysis of the Target Population, including the projected number of
individuals to be served. Demonstrate how the identified needs are consistent with the priorities
of the Strategic Plan.
3.8.5 Tab 5:Project Design and Implementation
3.8.5.1 For both Planning Grants and Implementation and Expansion Grants, a description of the
planning council or committee,including:
3.8.5.1.1 Composition of the planning council or committee, including the role of each
member as stakeholder,consumer,etc.demonstrating compliance with s.394.657(2)(a),F.S If
the Council does not currently meet the statutory requirements, provide a detailed explanation
of how and when the Council intends to rectify the deficiency;and
3.8.5.1.2 Planning council's activities, including the frequency of meetings for the previous
12 months and future scheduling of meetings.
3.8.5.2 Planning Grants Only
Describe and provide a timeline for the proposed planning activities and expected milestones,including:
3.8.5.2.1 The manner in which a needs assessment will be conducted;
3.8.5.2.2 The proposed methodology to identify,coordinate,and share funding and related
resources,and recommended organizational or structural changes;
3.8.5.2.3 The proposed strategy for project design and implementation;and
3.8.5.2.4 The proposed strategy for coordination,communication and data sharing.
3.8.5.3 Implementation and Expansion Grants Only
3.8.5.3.1 Provide a copy of the existing Strategic Plan,which must include at minimum, all
of the elements in Appendb(A.
3.8.5.3.2 Provide a description of the Strategic Plan, including progress toward
implementing the plan, when the plan was last reviewed or updated, and any challenges or
barriers toward implementation
3.8.5.3.3 Provide a description of the project design and implementation, including:
3.8.5.3.3.1 Project goals, strategies, milestones, and key activities toward
meeting the objectives outlined in Section 2.2. Applicants must include at least
one objective in addition to those outlined in Section 2.2 and may propose tasks
in addition to those specified in the RFA;
3.8.5.3.3.2 Organization and key stakeholder responsible for each task or key
activity necessary to accomplish the objectives;
3.8.5.3.3.3 How the planning council or committee will participate and remain
involved in Program implementation or expansion on an ongoing basis;and
3.8.5.3.3.4 How the agencies and organizations involved will communicate
throughout the lifetime of the project,detailing the frequency of planned meetings,
and the decision making process to ensure successful implementation.
3.8.5.3.3.5 The plan to screen potential participants and conduct tailored,
validated needs-based assessments. Include the criteria to be used, specific
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screening tool(s) and validity specific to the Target Population. If specific tool(s)
have not yet been selected,describe the process by which tool(s)will be selected;
3.8.5.3.3.6 How the Program will coordinate care to increase access to mental
health, substance abuse and co-occurring treatment and support services and
ancillary social services(i.e.,housing,primary care,benefits,etc.);
3.8.5.3.3.7 How law enforcement will assess their current process at intercept
points,capacity,and how they intend to implement or expand diversion initiatives
(e.g.,processes,training,etc.);and
3.8.5.3.3.8 If the Applicant is a consortium of counties, describe the
collaboration and the relationship between the partner counties.
3.8.5.3.4 A description of the strategies an Applicant intends to use to serve the Target
Population, including a description of the services and supervision methods to be applied and
the goals and measurable objectives of the new interventions. Interventions may include, but
are not limited to:
3.8.5.3.4.1 Specialized responses by law enforcement agencies;
3.8.5.3.4.2 Centralized receiving facilities for individuals evidencing behavioral
difficulties;
3.8.5.3.4.3 Post-booking alternatives to incarceration;
3.8.5.3.4.4 New court programs, including pretrial services and specialized
dockets;
3.8.5.3.4.5 Specialized diversion programs;
3.8.5.3.4.6 Intensified transition services that are directed to the designated
populations while they are in jail or juvenile detention to facilitate their transition to
the community;
3.8.5.3.4.7 Specialized probation processes;
3.8.5.3.4.8 Day-reporting centers;
3.8.5.3.4.9 Linkages to community-based,evidence-based treatment programs
for the served Target Population;and
3.8.5.3.4.10 Community services and programs designed to prevent high-risk
populations from becoming involved in the criminal or juvenile justice system.
3.8.5.4 Performance Measures
Applications must include a description of the manner in which the grant will be monitored to determine
achievement of performance measures outlined in Section 2.4,including:
3.8.5.4.1 A description of the process for collecting performance measurement data,and any
other state or local outcome data to measure project effectiveness;
3.8.5.4.2 Proposed targets and methodologies to address the measures specified in Section
2.4.1,for Planning Grants,and Section 2.4.2,for Implementation and Expansion Grants;and.
3.8.5.4.3 At least one additional proposed performance measure unique to the tasks outlined
in the application,including proposed targets and methodologies.
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3.8.5.5 Capability and Experience
For both Planning and Implementation and Expansion Grants, include a description of the Applicant's
capability and experience in providing similar services,including:
3.8.5.5.1 Capability and experience of the Applicant and other participating organizations,
including law enforcement agencies,to meet the objectives detailed in this RFA;
3.8.5.5.2 Availability of resources for the proposed project;
3.8.5.5.3 Anticipated role of advocates,family members,and responsible partners;and
3.8.5.5.4 Proposed staff, including Project Director, key personnel, and subcontractors who
will participate in the project,showing the role of each and their level of effort and qualifications.
Briefly discuss the responsibilities of each participating organization and how the Applicant
proposes to fill staff positions and select subcontractors:
3.8.5.6 Evaluation and Sustainability
3.8.5.6.1 Evaluation
For both Planning and Implementation and Expansion Grants, describe how the project's
effectiveness will be demonstrated, including assessments of planning or implementation
outcomes. Discuss how variables like stakeholder support and service coordination will be
defined and measured.Describe the process for collecting performance measurement data,and
any other state or local outcome data to measure project effectiveness in promoting public
safety,reduction of recidivism and access to services and supports for the Target Population(s).
3.8.5.6.1.1 Implementation and Expansion Grants Only
Estimate the effect of the proposed project on the Target Population related to the
budget of the jail and juvenile detention center.The information must include:
3.8.5.6.1.1.1 An estimate of how the Program will reduce the
expenditures associated with the incarceration of the Target
Population;
3.8.5.6,1.1.2 The proposed methodology to measure the defined
outcomes and the corresponding savings or averted costs;
3.8.5.6.1.1.3 An estimate of how the cost savings or averted costs
will sustain or expand the mental health, substance abuse, co-
occurring mental health and substance abuse treatment services
and supports needed in the community;and
3.8.5.6.1.1.4 How the county's proposed initiative will reduce the
number of individuals judicially committed to a state mental health
treatment facility.
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3.8.5.6.2 Sustainability
For both Planning and Implementation and Expansion Grants address sustainability of the
project.Describe the proposed strategies to preserve and enhance the community mental health
and substance abuse systems Describe how sustainability methods will be used and evaluated,
including how collaborative partnerships and funding will be leveraged to build long-term support
and resources to sustain the project when the state grant ends.
3.8.5.6.3 Project Timeline
Provide a realistic and detailed timeline for each funding year proposed, indicating goals,
objectives, key activities, milestones, and responsible partners. The timeline must include
anticipated start and completion dates for each milestone,benchmark,and goal.
3.7.4 Tab 6:Letters of Commitment
Include a summary list of all organizations that will be involved in the implementation of the proposed project
and a letter of commitment from each organization reflecting the specific role of the individual or organization,
signed by the Chief Executive Officer or equivalent for each organization.
3.7.5 Tab 7: Line ttem Budget and Budget Narrative
Each application must include a detailed budget and budget narrative for each year of the grant.All proposed
expenses must be tied to the proposed activities. The budget must show line item costs broken down by the
proposed funding(grant and match),plus the total amounts.See Appendix G for full instructions on completing
this section.
All proposed costs must be in accordance with the Department of Financial Services Reference Guide for State
Expenditures,which may be located at:http://www.myfloridacfo.com/aadir/reference guide/
Applicants are required to use the Commitment to Match Donation Forms found in Appendix H to verify cash
and attach valuation to in-kind contributions. A signed form from each match donor must accompany this
application as an attachment to the Budget Section. A Match Summary Sheet is to be used to show the
proportions of cash and in-kind match.
3.7.7 Tab 8: Certified Designation Letter
If the Applicant is not a County,the application must include a letter certified by the county planning council or
committee designafing the not-for-profit community provider or managing entity to apply for the RFA on behalf
of the county.
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SECTION 4 APPLICATION REVIEW CRITERIA AND METHODOLOGY
4.1 REVIEW METHODOLOGY
All responsive applications will be scored by the Grant Review Committee,based on the written application,according
to the criteria described in Section 4.3.The scores from each of the Grant Review Committee members will be totaled
and averaged to determine the rank in order of overall average score from highest to lowest for each type of grant.
Recommendations for awards will be made in order of rank.
In the event any Applicant is a member of an association or organization represented on the Grant Review Committee
as described in Section 4.4,the scores of the association or organization's representative will not be included in the
total average score for any application.
4.2 MANDATORY CRITERIA AND CORRECTION
Applications received at the location and by the date and time specified in the schedule of events outlined in Section
3.3 will be reviewed to determine whether the applications are substantially complete and meets the mandatory criteria
specified in Appendix J. If the Procurement Manager detects an easily discernible or obvious error that may be readily
corrected, the Department may afford the Applicant two business days to adjust the application accordingly. The
Department is under no obligation to detect or offer the opportunity for such correction.The Department's election to
afford this opportunity should not,and does not give rise to an expectation of application correction.
Applicants have the sole responsibility for submitting corrected or omitted items. If an Applicant elects to submit
corrected or omitted items,the Applicant bears sole responsibility for the delivery of the items to the Department.The
Department may afford an opportunity for Applicants to correct errors or omissions but the Applicant is solely
responsible for any response to the Department's notice. The Applicant is also solely responsible for the content,
quality, and sufficiency of any material submitted to the Department. During the correction period, the Applicant is
permitted only to take action to correct completeness errors cited by the Department, and not to supplement their
application for the purpose of improving competitiveness,or to add material for any other purpose.
4.3 REVIEW CRITERIA
Applications in compliance with the mandatory criteria will be independently evaluated and scored by the Grant Review
Committee. The following criteria shall apply to this RFA:
- - - -------------
�;Cnteria�--
• Statement of the Problem
• Project Design and Implementation
•
Capability and Experience
• Performance Measures
• Evaluation and Sustainability
• Project Timeline
• Letters of Commitment
•
Budget and Budget Narrative
• Certified Designation Letter
4.4 GRANT REVIEW COMMITTEE
The Grant Review Committee will be developed pursuant to 2016-66 Laws of Florida,to include one representative
from each of the following:
4.4.1 Department of Children and Families(DCF);
4.4.2 Department of Corrections(DOC);
4.4.3 Department of Juvenile Justice(DJJ);
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4.4.4 Department of Elderly Affairs(DOEA);
4.4.5 Office of State Courts Administrator;
4.4.6 Department of Veterans'Affairs;
4.4.7 Florida Sheriffs Association,
4.4.8 Florida Police Chiefs Association;
4.4.9 Florida Association of Counties;
4.4.10 Florida Alcohol and Drug Abuse Association(FADAA),
4.4.11 Florida Association of Managing Entities(FAME);
4.4.12 Florida Council for Community Mental Health(FCCMH);
4.4.13 National Alliance of Mental Illness(NAMI);
4.4.14 Florida Prosecuting Attorneys Association;and
4.4.15 Administrator of an assisted living facility that holds a limited mental health license.
4.5 SELECTION OF APPLICANTS FOR AWARD
The Procurement Manager will provide to the Secretary,or designee,a ranking of applications,as scored by the Grant
Review Committee. Ranking shall be in the order of highest score to the lowest score based on the allowable points
set forth in Section 4.3.
The Department will award grants based on the final selection by the Secretary, or designee. No scoring by the
Secretary, or designee, will be required to make the selection and award decision, The scoring and ranking by the
Grant Review Committee shall serve as a recommendation only The Department reserves the right to increase the
grant award amount if funding is available or if the Secretary, or designee, does not deem a sufficient number of
Applicants eligible for award.
4.6 DEPARTMENT'S RESERVED RIGHTS
The Department reserves the right to:
4.6.1 Reject any or all applications received with respect to this RFA,
4.6.2 Withdraw the RFA;
4.6.3 Waive or modify minor irregularities in applications received after prior notification and concurrence of the
Applicant;
4.6.4 Request from an Applicant additional information as deemed necessary to more fully evaluate its
proposal;
4.6.5 Revise the budget or scope of services after award;
4.6.6 Reject the scoring of any Grant Review Committee member for violation of the guidelines provided for
the review of applications;
4.6.7 Make all final decisions with respect to the amount of funding awarded to an applicant;and
4.6.8 Make all final decisions with respect to deliverables
4.7 NOTICE OF GRANT AWARD
The Department will issue notice of the final decision of the Secretary or his designee by posting the Notice of Award
on the Vendor Bid System.
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4.8 FORMAL APPEALS
The Department provides a process for appeals related to grant solicitations,as outlined below.If an Applicant believes
the Department's decision is in error,the Applicant may submit a written petition for an administrative hearing to contest
the decision. Failure to request an administrative hearing within 21 calendar days shall constitute a waiver of the right
to a hearing.A written petition for an administrative hearing must be received by the Department within 21 calendar
days of the posting of the Notice of Award.
Written request for an administrative hearing must be submitted to the Department at the following address:
Department of Children and Families
Attn:Agency Clerk
1317 Winewood Boulevard Building 2, Room 204-X
Tallahassee,FL 32399-0700
Please note that a request for an administrative hearing must comply with s. 120.569(2)(c), F.S., and Rule 28-
106.201(2),F.A.C.Those provisions,when read together,require a petition for administrative hearing to include:
4.8.1 The name and address of the agency (Department) affected, and the agency's file or identification
number,if known;
4.8.2 Name,address,and telephone number of the petitioner,
4.8.3 The name, address, and telephone number of the petitioner's representative, if any,which shall be the
address for service purposes during the course of the proceeding;
4.8.4 An explanation of how the petitioner's substantial interests will be affected by the agency determination;
4.8.5 A statement of when and how the petitioner received notice of the agency decision;
4.8.6 A statement of all disputed issues of material fact. If there are none,the petition must so indicate;
4.8.7 A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends
warrant reversal or modification of the agency's proposed action;
4.8.8 A statement of the speck rules or statutes the petitioner contends require reversal or modification of the
agencys proposed action, including an explanation of how the alleged facts relate to the specific rules or
statutes;and s
4.8.9 A statement of the relief sought by the petitioner,stating precisely the action you wish the agency to take
with respect to the agency's proposed action.
Section 120.569, F.S. and Rule 28-106.201(4), F.A.C., require that a petition be dismissed if it is not in substantial
compliance with the requirements above.
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APPENDIX A-STRATEGIC PLAN FORMAT
Planning Grants
Grantees must adhere closely to the following Strategic Plan format in the accomplishment of their prime objective
during the year of funding.
Implementation and Expansion Grants
Applicants must submit a Strategic Plan as an attachment to the initial grant application.
Strategic Plan Format
Cover Page
The Cover Page must provide all of the information detailed below, providing basic information regarding the
development and rationalization for the Strategic Plan:
• Statement of the Problem or Critical Issues-careful analyses of the scope of the problem using current
data, implications of the data,critical issues for the various constituents,such as law enforcement,courts,
treatment providers,etc,
• Regional Partnership Strategic Planning Process and Participants-how planning occurred,
strategic alliances,plans for leveraging funds and other resources,etc.
• Vision-a picture of the future you seek to create,described in the present tense
v� Mission Statement-concise statement of what are you here to do together
• Values-collective,fundamental beliefs that drive the initiative
• Service Model(s)—outline the model(s)to be utilized in addressing the Target Population
Goals,Objectives&Tasks
The Strategic Plan must provide all of the information in the tables on the following page, providing specific
details related to the goals,objectives,and specific tasks to be completed.Tables and rows should be added as
appropriate.
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APPENDIX A continued
Goal#1:(broad statement of the intended outcome)
Objective#1: (supports the goal and how the goal will be accomplished)
Task Performance Measure Lead Person or Projected
Organization Completion Date
identify the person identify a target
1.1 clearly identify the tasks)associated with the accomplishment of each describe how performance of each task or organization
objective,there may be several tasks associated with an objective will be measured responsible for completion eachtaskdate
for each
each task f
1.2
1.3
Objective#2r, t
(supportstithegoal:and;how-the goal'wfllibe,ac(omplished)
Lead Person or Projected
Task, Performance Measure Organization Completion Date
identify the person identify a target
21 clearly identify the task(s)associated with the accomplishment of each describe how performance of each task or organization completion date
objective,there may be several tasks associated with an objective will be measured responsible for for each task
each task
2.2
2.3
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APPENDIX B—GUIDANCE FOR INCORPORATING EVIDENCE-BASED OR BEST PRACTICES
Many federal agencies have published resource lists of services and practices that have already determined to be
effective and can be found in the following sources:
• SAMHSA's National Registry of Evidence-based Programs and Practices(NREPP) is a searchable online
registry of mental health and substance abuse interventions that have been reviewed and rated by independent
reviewers.The purpose of this registry is to assist the public in identifying approaches to preventing and treating
mental health or substance abuse disorders that have been scientifically tested and that can be readily
disseminated to the field. www.nrepp.samhsa.gov
Check back regularly to access the latest updates. To access SAMHSA's Model Programs Web site(the old
NREPP)go to http://www.samhsa.gov/programs-campaigns.
Center for Mental Health Services(CMHS)- SAMHSA's Center for Mental Health Services and the Robert
Wood Johnson Foundation initiated the Evidence-Based Practices Project to: 1) help more consumers and
families access services that are effective; 2) help providers of mental health services develop effective
services; and 3) help administrators support and maintain these services. Each of the resource kits contains
information and materials written by and for the following groups: individuals receiving services, families and
other supporters,practitioners and clinical supervisors,mental health program leaders,and public mental health
authorities. Information about the toolkits can be found at:
http://store.samhsa.govfistiseNes?name=Evidence-Based-Practices-KITS
• The Criminal Justice Mental Health Consensus Project—This Project,coordinated by the Council of State
Governments Justice Center,is a national effort to help local,state,and federal policymakers and criminal justice
and mental health professionals improve the response to people with mental illnesses who come into contact
with the criminal justice system. It supports the implementation of practical,flexible criminal justice and mental
health strategies through on-site technical assistance; the dissemination of information about programs,
research, and policy developments in the field; continued development of policy recommendations; and
educational presentations. Their website contains many resources by special focus areas—law enforcement,
courts,corrections,victims,jail diversion,etc.—as well as other resources for research information and practice
guidelines. httas://csglusticecenter.orQ!
• National Center for Mental Health and Juvenile Justice — This Center assists the field in developing
improved policies and programs for youth with mental health disorders in contact with the juvenile justice
system,based on the best available research and practice.The Center,which is operated by Policy Research,
Inc. in Delmar, NY in partnership with the Council of Juvenile Correctional Administrators (CJCA), aims at
providing a centralized national focal point that pulls together and links the various activities and research that
are currently underway, maximizing the awareness and usefulness of new products and findings, and using
the best available knowledge to guide practice and policy.http1t Www.ncmhjJ.com/
• GAINS Center-The GAINS Center is funded by SAMHSA and focuses on expanding access to services for
people with mental and/or substance abuse disorders who come into contact with the justice system. This
Center provides many free publications on a variety of related areas,and they also provide consultation and
technical assistance to help communities achieve integrated systems of mental health and substance abuse
services for individuals in contact with the justice system. httpJ/www.samhsa.gov/gains-center
Criminal Justice, Mental Health, and Substance Abuse Technical Assistance Center. The Technical
Assistance Center is located at the Louis de la Parte Florida Mental Health Institute(FMHI). The Center was
created by CS/CS1H131477 to provide technical assistance and consultation to grant applicants and awardees.
The Center draws on the expertise of faculty at FMHI and works closely with the GAINS Center,the Council of
State Governments' Criminal Justice Mental Health Consensus Project, Florida Partners in Crisis, and others.
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The TA Center faculty and staff have particular experience with co-occurring disorders (mental health and
substance abuse;best practices in supportive housing,supported employment, and recovery oriented services,
therapeutic courts; jail and prison re-entry; and assessment and restoration of criminal competency.
http:/Avww.floddatac.com/
Showing that Your Services or Practices are Effective
If you are proposing services or practices that are not included in the above-referenced sources,you must provide a
narrative justification that summarizes the evidence for effectiveness of the proposed services or practice. The
preferred evidence of effectiveness will include the findings from clinical trials,efficacy, and/or effectiveness studies
published in the peer-reviewed literature.
In areas where little or no research has been published in the peer-reviewed scientific literature, you may present
evidence involving studies that have not been published in the peer-reviewed research literature or documents
describing formal consensus among recognized experts. If consensus documents are presented,they must describe
consensus among multiple experts whose work is recognized and respected by others in the field. Local recognition
of an individual as a respected or influential person at the community level is not considered a"recognized expert"for
this purpose.In presenting evidence in support of the proposed services or practice,you must show that the evidence
presented is the best objective information available.
Using Services and Practices that are Appropriate for Your Target Population
You must also show that these services and practices are appropriate for your Target Population(s). It is preferred
that you provide information from research studies that shows the services and practices are effective for your Target
Population. However, if this type of information is not available, you may provide information from other sources,
such as unpublished studies or documents describing formal consensus among recognized experts. You may
describe your own experience either with the Target Population or in managing similar programs However,you will
need to convince the people reviewing your application that the services/practices you propose are appropriate for
your Target Population.
Describing Necessary Changes to the Services and Practices
It is expected that you will implement your services and practices in a way that is as close as possible to the original
services/practices. However,it is understood that you may need to make minor changes to the services and practices
to meet the needs of your Target Population or your program,or to allow you to use resources more efficiently.You
must describe any changes to your proposed services and practices that you believe are necessary for these
purposes.You may describe your own experience either with the Target Population or in managing similar programs.
However,you will need to convince the people reviewing your application that the changes you propose are justified.
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APPENDIX C—COVER PAGE FOR GRANT APPLICATION
Criminal Justice,Mental Health and Substance Abuse Reinvestment Grant
•••e •• •
Pr*ct
GRANT PJ61NT 6F C'0N`TA-CT
Contact Name.
Department:
Address Line 1:
Address Line 2:
City. State: Zip:
Email:
Phone: Fax:
DD • •
Contact Name.
Department:
Address Line 1:
Address Line 2:
City: State: Zip:
Email:
Phone: Fax:
FUNDING REQUEST AND MAT�HING FUNDS
Grant Select:select one Planning Grant-C) Implementation and Expansion Grant❑
Total Amount of Grant Funds Requested Total Matching Funds
(Provided by Applicant and partners):
Project Year 1
Project Year 2
Project Year 3
Total Project Cost
Certifying Official's Signature:
Certifying Official's Name(printed):
Title:
Date:
29
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RFAD6H16GS1
APPENDIX D-STATEMENT OF MANDATORY ASSURANCES
Initial
A Infrastructure: The Applicant shall possess equipment and Internet access necessary to participate fully in this
solicitation.
B Site Visits: The Applicant will cooperate fully with the Department in coordinating site visits, if desired by the
Department.
Non-discrimination:The Applicant agrees that no person will,on the basis of race,color,national origin,creed or
religion be excluded from participation in, be refused the benefits of, or be otherwise subjected to discrimination
pursuant to the Act governing these funds or any project,program,activity or sub-grant supported by the requirements
of,(a)Title VI of the Civil Rights Act of 1964 which prohibits discrimination on the basis of race,color or national origin;
C. (b)Title IX of the Education Amendments of 1972,as amended which prohibits discrimination the basis of sex; (c)
Section 504 of the Rehabilitation Act of 1973, as amended which prohibits discrimination in employment or any
program or activity that receives or benefits from federal financial assistance on the basis of handicaps; (d) Age
Discrimination Act 1975, as amended which prohibits discrimination on the basis of age, (e) Equal Employment
Opportunity Program(EEOP)must meets the requirements of 28 CFR 42.301.
Lobbying: The Applicant is prohibited by Title 31, USC, Section 1352, entitled 'Limitation on use of appropriated
funds to influence certain Federal contracting and financial transactions,"from using Federal funds for lobbying the
D Executive or Legislative Branches of the federal government in connection with a specific grant or cooperative
agreement. Section 1352 also requires that each person who requests or receives a Federal grant or cooperative
agreement must disclose lobbying undertaken with non-Federal funds if grants and/or cooperative agreements exceed
$100,000 in total costs(45 CFR Part 93).
E Drug-Free Workplace Requirements: The Applicant agrees that it will, or will continue to, provide a drug-free
workplace in accordance with 45 CFR Part 76.
Smoke-Free Workplace Requirements: Public Law 103-227, Part C-Environmental Tobacco Smoke,also known
as the Pro-Children Act of 1994(Act),requires that smoking not be permitted in any portion of any indoor facility owned
or leased or contracted for by an entity and used routinely or regularly for ft provision of health,day care,education,
or library projects to children under the age of 18, if the projects are funded by Federal programs either directly or
F. through State or local governments,by Federal grant,contract, loan,or loan guarantee.The law does not apply to
children's projects provided in private residences,facilities funded solely by Medicare or Medicaid funds,and portions
of facilities used for Inpatient drug or alcohol treatment.Failure to comply with the provisions of the law may result in
the imposition of a civil monetary penalty of up to$1,000 per day and/or the imposition of an administrative compliance
order on the responsible entity.
Compliance and Performance:The Applicant understands that grant funds in Years 2 and 3 are contingent upon
G. compliance with the requirements of this grant program and demonstration of performance towards completing the
grant key activities and meeting the grant objectives,as well as availability of funds.
H Certification of Non-supplanting:The Applicant certifies that funds awarded under this solicitation will not be used
for programs currently being paid for by other funds or programs where the funding has been committed.
Submission of Data:The Applicant agrees to provide data and other information requested by the Criminal Justice,
I. Mental Health,and Substance Abuse Technical Assistance Center at the Florida Mental Health Institute to enable the
Center to perform the statutory duties established in the authorizing legislation.
J Submission of Reports: The Applicant agrees to submit quarterly progress reports and quarterly fiscal reports,
signed by the County Administrator,to the Department.
30
328
RFA06H16GS1
APPENDIX E—MATCHING FUNDS
Grantee match is that portion of project property and services(staff time,fringe benefits,supplies,equipment,travel,rent,
etc.) coming from other than State funds. The matching share must constitute a 100% of the -grant amount. For
Implementation/Expansion Grant Applicants,a cash match of 5 percent in the first Program year,10 percent in the second
Program year,and 15 percent in the third Program year is required; and the remaining balance for each Program year
may be in-kind.The match may be derived from the county or private sources.Both'cash"contributions(provided directly
by the grantee)and"in-kind'contributions(from a third party)may be utilized to satisfy the match requirement.
A cash match is not required for Planning Grant Applicants.
For fiscally constrained counties, and a consortium of fiscally constrained counties, the available match resources
must be at least 50 percent of the total amount of the grant all of which may be in-kind. See Appendix F for a list of
fiscally constrained counties.
"In-kind"means contributions of property or services that benefit this grant-supported projector program and that are
contributed by the county or third parties without charge to the grantee.Neither the actual cost nor the value of third-
party in-kind contributions may count towards satisfying a matching requirement of the CJMHSA Grant if it has been,
or will be,counted towards satisfying a cost-sharing or matching requirement of another grant,a State procurement
contract,or any other award of State funds.
If an applicant chooses to include in-kind contributions in its matching share,specific dollar values must be assigned.
Applicants are required to use the Commitment to Match Donation Forms(Appendix H)to verify cash and attach
valuation to in-kind contributions. A signed form from each match donor must accompany this application as an
attachment to the Budget Section. A Match Summary Sheet(Appendix I)is to be used to show the proportions of
cash and in-kind match.
Examples of in-kind contributions and methods for determining values are as follows:
Volunteer Services- Unpaid services provided to a grant awardee by individuals shall be valued at rates
consistent with those ordinarily paid for similar work in the grant recipients organization. If the awardee does
not have employees performing similar work, the rates shall be consistent with those ordinarily paid by
other employers for similar work in the same labor market In either case, a reasonable amount of fringe
benefits may be included in the valuation.
Suoplies If the county or a third party donates supplies,the contribution shall be valued at the market value
of the supplies at the time of donation.
Loaned/Donated Eauioment or Space - If a county or a third party donates the use of equipment or
space in a building but retains title,the contribution shall be valued at the fair rental rate of the equipment or
space. If the county or a third party donates equipment and the title passes to the grant recipient, the market
value of that equipment at the time of the donation that is applicable to the period which the matching
requirement applies, may be counted toward matching in-kind funds.See Appendix F for worksheets to set
the value.
Matching funds and grant funds used in the Administrative Costs of the budget need to adhere to the legislative cap of
10%of the requested state grant funds.For example,if an applicant applies for$100,000 for a Planning Grant,$10,000 is
the total allowable portion of the entire budget for Administrative costs. This$10,000 can be proposed in several ways:
• as grant funded entirety(with no matching funds in that line)
• as matching funds(with no requested grant funds in that line)
• or as a combination of match and grant funds to comprise the$10,000.
31
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RFA06H16GS1
Criteria for Allowable and Unallowable Match
1) Allowable for Matching.Matching requirements may be satisfied by any or all of the following:
• Allowable costs supported by the county and non-state or federal grants incurred by the county
during the effective period of the contract;
• Funds from partnering organizations or units of government;
• The value of third-party funds and in-kind contributions applicable to the matching requirement
period.
• The value of volunteer services up to and including 10 percent of the total budget.
• Costs supported by fees and program income.
2) Unallowable for Matching.
Costs paid for by another state or federal contract or grant except as provided by State or Federal
statute.
• Costs or third-party funds and in-kind contributions that are used to satisfy a matching requirement of
another State contract or Federal grant.
• Income from sale of printed material,food,and books purchased with State funds.
<<< The remainder of this page is intentionally left blank.>>>
32
330
Union
Wakulla
Washington
NOTE:Participation in a consortium by both fiscally-constrained counties and non-fiscally constrained counties will not
alter the statutorily required percentages of matching funds for each.
33
331
RFA06H16GS1
Appendix J-CHECKLIST OF MANDATORY APPLICATION CRITERIA
Mandatory Criteria Checklist for:RFA06H16GS1—CJMHSA Reinvestment Grant Program
Print Applicants Name:
Print Name of Department Revlewer(Procurement Manager):
Signature of Department Revlewer: Date:
Print Name of Department Witness:
Signature of Department Witness: __7 Date:
Was the application received by the date and fime specified in the RFA and at the specified address?
❑(YES)=Pass [I(NO)=Fail
Comments:
Does the Application include the following?
1 Cover Page
Completed form,indudin requested fundingand match funds,signed/dated E](YES}=Pass ❑(NO}=Fail
2. Statement of Mandatory Assurances
a. Infrastructure ES =Pass NO =Fail
b. Site Visits ES =Pass NO =Fail
c. Non-discrimination ❑ ES =Pass
❑ NO =Fail
d. Lobbying ES =Pass
❑ NO =Fail
e. . Drug-Free Work lace Requirements S =Pass NO =Fail
f. I Smoke-Free Workplace Requirements S =Pass NO =Fail
Cam fiance and Performance ES =Pass ❑ NO =Fail
h. Certifications of Non-supplanting ES =Pass NO =Fail
i. Submission of Data YES =Pass NO =Fail
I. Submission of Reports ES =Pass NO =Fail
3 Project Narrative ❑(YES)=Pass ❑(NO)=Fail
Description of the services to be provided
4 Notice of Intent to Submit an Application ❑(YES)=Pass ❑(NO)=Fail
Notice of intent received by the time and detailed in Section 3.4.
S Budget and Budget Narrative
Completed form,including budget narrative ❑(YES}=Pass E](NO)=Fail
8 Detailed Project Timellne ❑(YES)=Pass ❑(NO)=Fail
Proiect timeline for each funding year proposed
Commitment of Match Donation Form
7. Completed forms for each match donation committed to the project,each signed and ❑(YES)=Pass ❑(NO)=Fail
dated
8 Match Commitment Summary Report ❑(YES}=Pass (](NO)=Fail
Completed form indicatingsufficient matchingcommitment and signed and dated
g Letters of Commitment ❑(YES)=Pass ❑(NO)=Fail
Summary list of all organizations and letter of commitment from each organization
Comments:
39
337
RFA06H16GS1
APPENDIX K•• CRIMINAL JUSTICE, MENTAL HEALTH 8,SUBSTANCE ABUSE REINVESTMENT
GRANT PLANNING COUNCIL OR COMMITTEE
PLEASE PRINT
STATE ATTORNEY OR DESIGNEE PUBLIC DEFENDER OR DESIGNEE
COUNTY COURT JUDGE CIRCUIT COURT JUDGE
LOCAL COURT ADMINISTRATOR OR STATE PROBATION CIRCUIT
DESIGNEE ADMINISTRATOR OR DESIGNEE
COUNTY COMMISSION CHAIR COUNTY DIRECTOR OF PROBATION`T
SHERIFF OR DESIGNEE POLICE CHIEF OR DESIGNEE
AREA HOMELESS OR SUPPORTIVE CHIEF CORRECTIONAL OFFICER
HOUSING PROGRAM REPRENSTATIVE
DJJ-DIRECTOR OF DENTENTION DJJ-CHIEF OF PROBATION OFFICER OR
FACILITY OR DESIGNEE DESIGNEE
DCF-SUBSTANCE ABUSE AND PRIMARY CONSUMER OF MENTAL
MENTAL HEALTH PROGRAM OFFICE HEALTH SERVICES
REPRESENATIVE
COMMUNITY MENTAL HEALTH LOCAL SUBSTANCE ABUSE TREATMENT
AGENCY DIRECTOR OR DESIGNEE DIRECTOR OR DESIGNEE
PRIMARY CONSUMER OF PRIMARY CONSUMER OF SUBSTANCE
COMMUNITY-BASED TREATMENT ABUSE SERVICES
FAMILY MEMBER
40
338
RFA06H16GS1
APPENDIX L- NOTICE OF INTENT TO SUBMIT AN APPLICATION
(Applicant Name) wishes to inform the Florida Department of
Children and Families of its intent to respond to the solicitation entiled"
RFA06H16GS1.
PLEASE PRINT OR TYPE REQUESTED INFORMATION
Name of Authorized Official:
Title of Authorized Official:
Signature of Authorized Official:
Date:
Address:
City,State,Zip:
Telephone No-
Website:
E-mail Address:
41
-339
RECEIVED AT IRC-BCC FAAU hrlu'
_ 7' 10 . 16
Dcae
Item# 3
C
Southeast Florida �1 '&az'll got_
Behavioral Health Network By eputy
The Criminal Justice, Mental Health, and Substance Abuse (CJMHSA)
Reinvestment Grant Program
STATEMENT OF NEED AND PURPOSE:
• The Criminal Justice, Mental Health, and Substance Abuse(CJMHSA)Reinvestment
Grant Program(Program)was created by the 2007 Florida Legislature by s. 394.656,
F.S.,and is housed within the Department of Children and Families(Department).
• The purpose of this Request for Application(RFA) is to provide funding under the
Program to counties which they may use to plan, implement, or expand initiatives that
increase public safety, avert increased spending on criminal and juveniles who have a
mental illness, substance abuse disorder,or co-occurring mental health and substance
abuse disorder, who are in, or at risk of entering,the criminal or juvenile justice system.
MANDATORY QUALIFICATIONS:
• The Managing Entity for Indian River County may be designated by the county planning
council or committee(Applicant)as described s. 394.657, F.S.,may apply for a three-
year Implementation or Expansion Grant.
• The applicant must comply with all requirements listed in s. 394.657,F.S.
• The Managing Entity applying for a Planning or an Implementation or Expansion Grant
must submit a letter certified by the county planning council or committee designating
them to apply for the RFA on behalf of the county.
• Pursuant to s. 394.657, F.S., for each Applicant, the Board of County Commissioners
must designate the county Public Safety Coordinating Council established under s.
951.26, F.S.,or it must designate another criminal or juvenile justice mental health and
substance abuse council, or committee, as the planning council or committee for the
Program.
IMPLEMENTATION AND EXPANSION GRANTS:
• The maximum allowable grant award per county is$1,200,000 total for the 36-month
period(i.e. $400,000 per year).
• This grant will not be awarded unless the Applicant makes available resources in an
amount equal to the total amount of the grant(see Local Match Requirements).
• Grant funding must be spent within 36-months from date of award letter.
• Implementation and Expansion Grants will not be renewed at the end of the three-year
grant period.
.32q -- �
Southeast Florida
Behavioral Health Nettivork
s
LOCAL MATCH REQUIREMENTS:
• Local matching funds are required under this Program and grant funding will not be
awarded unless the Applicant makes available resources in an amount equal to the total
amount of the Grant according to the following stipulations: For Implementation and
Expansion Grants only, a cash match of five percent in the first fiscal program year,ten
percent in the second program year and 15 percent in the third program year is required
and the balance of the match may be in-kind. A cash match is not required for Planning
Grants.
• Implementation and Expansion Grants can support,but not limited to,the following
initiatives:
o Mental Health Courts;
o Diversion Programs;
o Alternative Prosecution and Sentencing Programs;
o Crisis Intervention Teams;
o Mental Health and Substance Abuse Treatment Services;
o Specialized Training for Justice and Treatment Services Professionals;
o Services Delivery for Collateral Services such as Housing and Supported
Employment; and
o Reentry Services to Create or Expand Mental Health and Substance Abuse
Services and Supports for Affected Persons.
J� � Z
Countv Attorney's Matters-B.CC 7.12.16
�V ER Ofce of
INDIAN RIVER COUNTY
ATTORNEY
�ORt�
Dillan Reingold,County Attorney
Welham K. DcBraal,Deputy County Attorney
Kate Pingolt Cotner,Assistant County Attorney
MEMORANDUM
TO: Board of County Commissioners A/
FROM: Dylan Reingold, County Attorney(`
DATE: July 6, 2016
SUBJECT: County Business Between July 13, 2016 and August 15, 2016
BACKGROUND
On July 5, 2016, the Iridian River County Board of County Commissioners (the "Board") approved a
resolution authorizing the County Administrator, or his designee, to execute all documents necessary to
the proper functioning of the County which may arise between July 13, 2016 and August 15, 2016. There
are several matters, such as adoption of ordinances and approval of plats, which under Florida Statute can
only be performed by the Board. Thus, please be aware that if an action of the Board is necessary during
this period, the Chair of the Board has the authority to call a special meeting, per section 102.01, Indian
River County Code of Ordinances.
Indian River Co. Appr� Date
Approved for July 12,2016 BCC Meeting Admin. 7
County Attorney's Matters Co.Atty.
Budget b
De artment -- --
COUNTY ATTORNEY Risk Management --- ---
F:iAunrnrylLrrir'GE7FA1.'R C 0.49—k M—C—y B.V—D—j B—id-
•340
County Attorney's Matters-B C.C. 7 12.16
�iVE Of ce of
® x INDIAN RIVER COUNTY
ATTORNEY
Dylan Reingold,County Attorney
William K.DeBraal,Deputy County Attorney
Kate Pingolt Cotner,Assistant Count=Attorney EMERGENCY ADDITION
JULY 12, 2016
County Attorney Matters 13E
MEMORANDUM
TO: Board of County Commissioners
FROM: Dylan Reingold, County Attorney
DATE: July 7, 2016
SUBJECT: Indian River County v. Turner Construction Company et al.
BACKGROUND
® On July 7, 2016, the parties in the above-referenced case attended mediation. At the conclusion of
mediation, the parties entered into a mediation settlement agreement (the "Agreement"). In the
Agreement, the defendants agreed to pay Indian River County (the "County") collectively $1.2 million. In
the Agreement, the County agrees to release all defendants from any claims, latent or patent, known or
unknown, arising out of or relating to the lawsuit. Additionally, the County will agree to take reasonable
efforts not to disparage the other parties.
RECOMMENDATION
The County Attorney's Office recommends that the Indian River County Board of County
Commissioners approve the Agreement and authorize the chair to sign any and all documents necessary to
effectuate the Agreement.
ATTACHMENT
July 7, 2016 Mediation Settlement Agreement
Indian River Co. Appxred Date
Approved for July 12, 2016 BCC Meeting Admin. .b
County Attorney's Matters Co A
Budget /V17 G
Department --- ---
COUNTY ATTORNEY
Risk Management --- ---
® F-U-a )A!)do1GEAERA;B C CUgr da Mrmmlrvrnrr lvwwrSerdrmmr Agrtr ad.,
34-0 -1
IN THE CIRCUIT COURT OF THE
NINETEENTH JUDICIAL CIRCUIT IN AND (`
FOR INDIAN RIVER COUNTY, FLORIDA
CASE NO.: 312011 CA002999
INDIAN RIVER COUNTY, a political
subdivision of the State of Florida,
Plaintiff,
vs.
TURNER CONSTRUCTION COMPANY, a
New York corporation; DONADIO AND
ASSOCIATES,ARCHITECTS, P.A., a Florida
corporation; ANTHONY J. DONADIO, an individual;
SOPREMA, INC., an Ohio corporation; SUN SKY
ROOFING, LLC, a dissolved Florida limited liability
company TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, a Connecticut insurance
company; FEDERAL INSURANCE COMPANY, an
Indiana insurance company; AND ZURICH AMERICAN
INSURANCE COMPANY,New York insurance f
company, l
Defendants.
TURNER CONSTRUCTION-COMPANY, a
New York corporation
Cross-Plaintiff,
vs.
DONADIO AND ASSOCIATES, ARCHITECTS,P.A.,
a Florida corporation, SOPREMA, INC., an Ohio
corporation and SUN SKY ROOFING, LLC,
a dissolved Florida limited liability company.
Cross-Defendants
t
CASE NO.: 312011 CA002999
JULY_7, 2016 MEDIATION SETTLEMENT AGREEMENT
THIS MEDIATION SETTLEMENT AGREEMENT, dated July 7, 2016, was made and entered
into by and between INDIAN RIVER COUNTY ("Plaintiff') and TURNER CONSTRUCTION
COMPANY; DONADIO AND ASSOCIATES, ARCHITECTS, P.A. and ANTHONY J.
DONADIO, individually (collectively referred to as "DONADIO"); SUN SKY ROOFING, LLC;
SOPREMA, INC.; TURNER CONSTRUCTION COMPANY; TRAVELERS CASUALTY AND
SURETY COMPANY OF AMERICA, FEDERAL INSURANCE COMPANY, and ZURICH
AMERICAN INSURANCE COMPANY AND THEIR RESPECTIVE INSURERS ("Defendants")
(Plaintiff and Defendants are collectively referred to as "the Parties").
PURPOSE
The Parties to this Settlement Agreement (the "Agreement") acknowledge that the purpose
of this Agreement is to memorialize the resolution of all disputes of whatever nature asserted by and
between the Parties arising out of or relating to litigation styled above, including contractual
indemnity and additional insured claims by any party.
AGREEMENT
® Plaintiff and Defendants agree as follows:
1. SETTLEMENT SUM. Defendants, or through its insurer(s), agree to pay to Plaintiff
within thirty (30) days from the date of this Agreement the sum of One Million Two-Hundred
Thousand ($ 1,200,000) (the "Settlement Sum") as follows:
Sun Sky Roofing, LLC to pay Plaintiff the Sum of $ 330,000
Soprema, Inc. to pay Plaintiff the Sum of $ 330,000
Donadio to pay Plaintiff the Sum of $ 290,000
Turner Construction Company to pay Plaintiff the Sum of $ 250,000
as full and final settlement of the disputes between the parties, peridia a r"o b. the Indian Ricer.
County'Boar'd:sof uGouniy Commiss>'oners: The Settlement Sum shall be made payable to: Indian
River County"by check or wire transfer.
2. PAYMENT DEFAULT. In the event of a default of payment of the above
Settlement Sum by either Defendant, upon the expiration of a further five (5) day grace period along
with written notice of default provided to counsel for the defaulting Defendant, Plaintiff shall
thereafter file a Motion for Entry of Default Judgment with the Court, together with a Notice of
Hearing to Counsel for the defaulting Defendant, and thereafter with an Affidavit of Non-payment
filed with such Motion, signed and notarized by Plaintiff, obtain a Final Judgment only against the
defaulting Defendant, with credits given for any partial payments made, along with fees and costs
® incurred only related directly to such default proceedings.
2
CASE NO.: 312011 CA002999
3. ATTORNEY'S FEES and MEDIATOR COSTS. Other than in the event of a default
under Paragraph (2), all parties are to bear their own attorneys' fees and costs incurred in this Action
and equally share the cost of the mediator( 1/5 share each party).
4. RELEASE. Other than with respect to the payment obligations contained herein, the
parties do, as to one another (including any and all insurers of the parties), release each other from
any and all claims, demands, and damages, whether arising out law or equity, and whether
previously asserted or unasserted, known or unknown, latent or patent, arising out of or relating to
the above action. This includes contractual indemnity and additional insured claims. Plaintiff shall
execute any additional release instruments which may be required by either insurer of Defendants,
so long as not inconsistent with the scope of this Paragraph.
5. AGREEMENT COMPROMISES DISPUTED CLAIMS. This Agreement is made
and entered by the parties as a compromise of disputed claims between them. None of this
Agreement, the payment provided by it, nor any document, pleading or paper prepared and signed
pursuant to the provisions of this Agreement shall constitute or be construed or asserted as an
admission of liability on the part of any party. The parties expressly acknowledge and agree that all
claims asserted or unasserted between them have been fully and amicably resolved, and all
reasonable efforts shall be made by the Parties not to disparage one another.
6. GOVERNING LAW. This Agreement shall be governed and construed in
accordance with the laws of the State of Florida.
7. JURISDICTION AND VENUE. Any and all legal actions arising from or relating to
this Agreement shall be commenced in the Court of this action. The Court shall reserve jurisdiction
solely to enforce the terms of this Agreement.
8. DRAFTING OF THE AGREEMENT. The parties participated in the drafting of this
Agreement and/or had it reviewed by competent counsel. Accordingly, no presumption shall be
given in favor of: or against, any party in interpreting this Agreement and the normal rule of
construction to the effect that any ambiguities are to be resolved against the drafting party shall not
be employed in the interpretation of this Agreement.
9. SEVERABILITY. If any provision of this Agreement is found to be unenforceable,
the remaining provisions hereof shall nevertheless be carried into effect.
10. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement and
understanding of the parties hereto, supersedes any prior agreement between the parties, whether
written or oral, and may not be changed, altered or modified except in writing and executed by the
parties hereto. Each party acknowledges that no representation, inducement, promises or
agreements, orally or otherwise, was made by any party, or anyone acting on behalf of any party,
unless such representation, inducement,promises or agreements are embodied in this Agreement.
11. REPRESENTATION BY COUNSEL. Each party was represented by independent
counsel in this matter or had the opportunity to consult with independent counsel. Furthermore, the
parties obtained advice from said counsel concerning the meaning, scope and effect of this
Agreement, or voluntarily waived such an opportunity.
3
Po
CASE NO.: 312011 CA002999
12. AUTHORIZATION AND AUTHORITY. Each party represents and warrants to the
® other that, subject to the provisions of paragraph 15 below, (a) it is duly authorized and competent
to execute this Agreement, (b) it has all necessary corporate power and authority to enter into this
Agreement and to perform the agreements contained in this Agreement, and (c) the person signing
this Agreement on behalf of such party is authorized to execute and deliver this Agreement on
behalf of such party.
13. SECTION HEADINGS. The section headings contained in this Agreement are
descriptive only and shall not be used to interpret, expand, modify, explain or limit any of the
provisions of this Agreement.
14. DISMISSAL OF ACTION. Upon the timely receipt and clearance of payments due
pursuant to Paragraph 1 above, counsel for Plaintiff and non-defaulting Defendant(s) shall
thereupon file their Joint Notice of Voluntary Dismissal with prejudice, with each party to bear its
respective attorneys' fees and costs.
15. PUBLIC AGENCY APPROVAD. This entire Mediation Settlement Agreement is
expressly conditioned upon it's approval by the plaintiff, Indian River County, by vote duly taken at
the first available meeting for the Board of County Commissioners. All counsel for the Plaintiff
agree that they shall unanimously recommend approval of this agreement and in particular the
SETTLEMENT SUM set forth in paragraph 1 above to the Board of County Commissioners.
69ned below on behalf of Indian River County:
Attorney for Indian River County
Lewis W. Murphy, Jr.,Esq.
wm hyQauiDhvwaIker.com
Xx I- -
G'
Attorney forI dian River County
Casey Walker, Esq.
cwalker@ nMWhywalker.com
orney for Indian River County
Dylan Reingold, Esq.
4
CASE NO.: 312011 CA002999
dreingold@ircgov.com
l
Signed below on behalf of Sun Sky Roofing,LLC:
Attornfor Sun Sky Roofing,LLC
Douglas I. Wall, Esq.
DWall wblaw. m_,
Attorney for Sun Sky Roofing,LLC
Gary Baumann, Esq.
bauma a-iWegal.com
C
Representative of Sun Sky Roofing,LLC
Authorized Representitive
ig ed below on behalf of Soprema,Inc.
Atto ey for Soprema,Inc.
How d Randal Brennan, Esq.
hrb@veroatutomeys.com
Soprema,I
Au horRepresenative
5
3�d -6
CASE NO.: 312011 CA002999
Attorney for Donadio and Associates,Architects,P.A. and Anthony J. Donadio
James F. Sposato, Esq.
Lposato@ritterchusid.com
Signed below on behalf of Turner Construction Company
Representative of Turner Construction Company
Dean Cola
dcola@tcco.com
4 4- N
Aorn for Turner Construction Company
J on D. Salvin, Esq. f
J alvin a pecklaw.com
4
6
30 -1
BCC AGENDA
July 12, 2016
ITEM 14.A (1 )
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
INTER-OFFICE MEMORANDUM
TO: Members of the Board of County Commissioners
DATE: July 6, 2016
SUBJECT: Pinson Subdivision and County Water
FROM: Commissioner Bob Solari
The Pinson Subdivision in Gifford is near County water lines but currently the
water needs of the residents are met by shallow wells. The water is evidently of
poor quality, with a high iron content and odors resulting in a poor taste. More
importantly the Pinson Subdivision lies between two polluted sites, one a former
gas station and the second a former grove site and some contaminants have
been found in some of the well water. Most of the residents want County water,
but currently the area falls one short of the 66 2/3 the County generally requires
before it agrees to an assessment program.
I would like to discuss with the Board how we could today get good drinking
water to the Pinson subdivision.
Also, given that many in the subdivision are low-income residents, I want to
discuss with the Board the possibility of using water ERU's from other properties
that are donated to a non-profit for some of the residents in the Vinson
Subdivision.
Thank you.
341
N.
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Groundwater Contamination 20th Ave. Vero Beach Pagel of 2
Groundwater Contamination 20th Ave. Vero Beach
VL Vogt, Charles L Reply all
Wed 5/25
Brown,Anthony J
Good afternoon Mr. Brown:
In reference to the residential area on private wells along 20th Avenue, there are two sites
proximal (within a quarter mile of these residences) that represent a potential contamination
threat to these potable water wells.
The first site, currently known as Stepaneck's Auto FDEP ID#9902766 is located at 4215 US
Hwy 1 Vero Beach. This site is a known contaminated site (old gas station)which is still involved
in ground water remediation. According to the assessment report developed for this facility, the
ground water flow is in an east to north east direction. With this vector, the ground water
migration would be towards the potable water wells along 201h Ave.
Directly behind the residential area on 20th Ave (second site) is an abandoned a grove barn
facility which serviced the citrus grove acreage to the east up to the area of Indian River Blvd.
Evidence from previous soil and ground water assessments at similar grove maintenance
facilities, have shown contaminates in the soil and ground water ranging from pesticide residues
to petroleum contaminates.Although this particular grove barn site has not be assessed, it would
be likely that contaminates requiring some form of remediation are discovered as demonstrated
often at other similar facilities. Unfortunately, this office and the FDEP will not know of this
contamination until a property transaction audit reveals the evidence and required reporting
occurs.
If you have any further questions about these facilities or require additional assistance, please
don't hesitate to contact me.
Have a GREAT Day!
Charles (CV)Vogt
Environmental Specialist III
Florida Department of Health in Indian River
1900 27th Street,Vero Beach,Fl.,32960
Ab Office: (772) 794-7440
A Fax: (772) 794-7447
i0 E-Mail:charles.vogt@flhealth.gov
Mission:To protect,promote&improve the health of all people in Florida through integrated state,county,&community efforts.
Vision:To Be The Healthiest State in the Nation 343
BCC AGENDA
July 12, 2016
ITEM 14.13.1
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
INTER-OFFICE MEMORANDUM
TO: Members of the Board of County Commissioners
DATE: July 6, 2016
SUBJECT: Review of County Policy on Tire Disposal at Convenience Centers
FROM: Joseph E. Flescher, Vice Chairman
Commissioner, District 2
In light of information received regarding the Zika virus and concerns about the breeding of
mosquitos in stagnant water, I request to open a discussion on Indian River County's policy for
tire disposal at the Convenience Centers.
344
14.C.1
July 12, 2016
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
INTER-OFFICE MEMORANDUM
TO: Members of the Board of County Commissioners
DATE: July 6, 2016
SUBJECT: Sebastian Grove Estates / Maerz Property Hiatus
FROM: Wesley S. Davis
Commissioner District 1
1 kindly request your consideration for options concerning the Maerz Property Hiatus.
.345
��yvF U
Rte.,
INDIAN RIVER COUNTY, FLORTDA
MEMORANDUM
TO: Dylan Reingold, County Attorney
FROM: David W.Schryver,PSM, County Surveyor
SUBJECT: Sebastian Grove Estates I.Maerz
DATE: June 27,2016
Dylan,
The following is my opinion on the hiatus issue between the plat of Sebastian Grove Estates and the
Maerz parcel:
Based upon my review of documents found in the records of Indian River County, it is my
opinion that a hiatus does exist between the Plat of Sebastian Grove Estates(Plat Book 5, Page
85),and those lands owned by Mr. Richard Maerz, located at 100 Sebastian Industrial Place,
Sebastian, Florida. It is also my opinion that the Hiatus was created when the plat of Sebastian
Grove Estates was prepared, as the dimensioning of the plat does not conform to the Sectional
breakdown.
The original Government Land Office(GLO)plat for this Section of land shows the area platted
as a fractional section since it has an irregular boundary. The irregular boundary is due to the
fact that a portion of the Northeast quadrant of the section fronts on the river and did not allow
for the laying out of a one square mile parcel,nor allow the setting of the northeast corner of the
section. The rest of the section called for the typical breakdown and dimensioning.
The legal description shown on the plat document states that the plat is a subdivision of the North
%i of Government Lot 2, of Section 7,Township 31 South, Range 39 East, being a sectional
breakdown type of legal description. According to the original GLO plat, the dimension of the
North one-half of Government Lot 2 would have been 660 feet. The dimension of 649.77 feet,as
shown on the plat of Sebastian Grove Estates does not agree with the breakdown as determined
by surveys performed in the area by various local Surveyors. Based on that data,the North one-
C:\Users\dreingold\AppDataV-ocal\Microsofl\Windows\Temporary, Internet Files\Content.0utiook\YVOODUQ2\Sebasrian Grove Estates
Macrz.doc
346
half of Government Lot 2 measures as follows:
• 660.00 As shown on the GLO plat(1859)
• 666.73 feet as determined by Carter Associates(1994).
0 666.48 feet as determined by David Jones Surveying(2002).
Although the legal description of the plat reads"BEING A S/D OF THE N 1/2 OF GOVT. LOT
2, SEC. 7, AND THAT PART OF BLOCK I I HARDEE'S ADDITION, BEING IN GOV'T.
LOT 7 SEC. 6 TWP.31 S RGE. 39 E AS RECORDED IN PLAT BOOK 3, PAGE 1 ST. LUCIE
CO.FLORIDA, RECORDS",the dimensioning of the plat is in disagreement with the
breakdown dimension(s).
Since the plat dimension does not agree with the breakdown,the plat, as constructed,
monumented and occupied,causes the position of the south line of the plat to be inconsistent
with the position of the south line of the north 1/2 of Government Lot 2. Thereby, creating a
hiatus between the south line of the plat and the south line of Government Lot 2.
The Maerz parcel, being described as being, "THE NORTH HALF OF THE SOUTH HALF OF
THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 7,TOWNSHIP 31 SOUTH,
RANGE 39 EAST...."Places the North line of his property consistent with the breakdown
location of the south line of the north 1/2 of said Government Lot 2.
In January of 1991,the Maerz parcel was annexed into the City of Sebastian per Ordinance No.
0-09-17.
Therefore, it is my opinion that a hiatus does exist, and the north line of the Maerz parcel is the
correct location of the boundary between the City of Sebastian and the Indian River County.
Thus,the hiatus created lies in unincorporated Indian River County.
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PLAT BOOK 5
PAGE M
DOCKET 99580
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[l[YATIOMo ANN YM01N•COIIfD Amo
M3 ao USC•Y DAWN. '
Tu•.O
l/
RECORD VERIFIED
JEFFREY K.BARTON
CLERK CIRCUIT COURT
INDIAN RIVER CO..FLA
ORDINANCE NO. 0-90-17 On
X
�.1
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PERTAINING TO VOLUNTARY ANNEXATION; W—
ANNEXING TWO PARCELS OF LAND GENERALLY BORDERING THE 'j
NORTHEAST SECTION OF THE CITY, APPROXIMATELY 10 ACRES, CD
MORE OR LESS, LOCATED ON THE WEST SIDE OF THE RIGHT-OF-
WAY OF OLD DIXIE HIGHWAY AND 110 FEET SOUTH OF WOODMERE
ROAD; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owners of the parcels of land described herein
co
have petitioned the City of Sebastian to voluntarily annex said rn'
N
parcels of land; and
r
WHEREAS, the City Council finds and determines that the land ?t
proposed to be annexed is contiguous to the City of Sebastian and w
will not result in the creation of any enclaves; and
to
WHEREAS, the City Council finds and determines that the land
N
proposed to be annexed constitutes a reasonably compact addition
to the incorporated territory of the City of Sebastian; and
o WHEREAS, the City Council finds and determines that the
annexation of saidarcels of
p property are in the best interest
of the City of Sebastian.
m
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
d
o CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: p
> SECTION 1. PROPERTY. That the following described real CD
co
property, now lying and being in an unincorporated area of Indian OD
C3
v
40 River County, Florida, is hereby annexed into the City of
N
W
�r
pa o
350
/Sebastian, Indian River County, Florida, and the boundary linesd City are hereby redefined to include said real property,
t
which is described as follows!
Parcel 1 - The North half of the South half of the
Northwest 1/4 of the Northeast 1/4 of Section 7,
Township 31 South, Range 39 East, said land lying and
being in Indian River County, Florida.
Parcel 2 - Beginning 772.92 feet south of the Northwest
angle of Lot 1, in Section 1, Township 31 South, Range
39 East, said point being the intersection of the
Westerly right-of-way of Old Dixie Highway and the West
line of said Lot 1, Section 7, Township 31 South, Range
39 East; thence run south a distance of 217.08 feet;
thence run east a distance of 98.30 feet to the said
Westerly right-of-way of Old United States Highway 1;
thence run Northwesterly along said West right-of-way a
distance of 238.61 feet more or less to the point of
Beginning.
These parcels of land are generally situated west of the right-
of-way of Old Dixie Highway and 110 feet south of Woodmere Road,
bordering the northeast portion of the City.
SECTION 2. FILING. A certified copy of this Ordinance
shall be filed with the Clerk of the Circuit Court of Indian i
River County and with the Florida Department of State.
SECTION 3 . CONFLICT. All ordinances or parts of
ordinances in conflict herewith are hereby repealed.
SECTION 4. SEVERABILITY. In the event a court of CD_ ,
C2
competent jurisdiction shall hold or determine that any part of CD
CD
this Ordinance is invalid or unconstitutional, the remainder of
-o
the Ordinance shall not be affected and it will be presumed that N
C4
the City Council of the City of Sebastian did not intend to enact N
such invalid or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of
2
351
/thisOrdinance without said invalid 'end unconstitutional
provision, thereby causing said remainder to remain in full force
i
and effect.
SECTION 5. EFFECTIVE DATE. This Ordinance shall take
effect upon final passage.
The foregoing Ordinance was moved for adoption by Councilman
OThe motion was seconded by Councilman
and, upon being put into a vote,
the vote was as follows:
Mayor W.E. Conyers
Vice-Mayor Frank Oberbeck
Councilman Robert L. McCollum
Councilman Lonnie R. Powell
Councilmdn Lloyd Ronde8u
The Mayor thereupon declared this Ordinance duly passed and
adopted this l.73 day ofjzj , 1991.
CITY OF SEBASTIAN, FLORIDA
By:
W.E. Conyers, ayor .
AT.TJBS T:,•.
CD
co
Kathjcyn• . O Halloran, co
:CMpj AE, City Clerk Q1
' •'(SEAL') , a c7
N
- w
ry
N
3
•352
RFA06H16GS1
APPENDIX F—LIST OF FISCALLY-CONSTRAINED FLORIDA COUNTIES
Each county that is entirely within a rural area of critical economic concern as designated by the Governor pursuant
to s.288.0656, F.S.,or each county for which the value of a mill will raise no more than$5 million in revenue,based
on the taxable value certified pursuant to s. 1011.62(4)(a)l.a.,from the previous July 1,shall be considered a fiscally
constrained county, per 218.67(1), F.S.
This list is taken from:http://dor.myflodda.com/dor/property/Cofficials/fiscalc/pdf/fccoO8l2lO.pdf
Baker
Bradford
Calhoun
Columbia
DeSoto
Dixie
Franklin
Gadsden
Gilchrist
Glades
Gulf
Hamilton
Hardee
Hendry
Highlands
Holmes
Jackson
Jefferson
Lafayette
Levy
Liberty
Madison
Okeechobee
Putnam
Suwannee
Taylor
Union
Wakulla
Washington
NOTE:Participation in a consortium by both fiscally-constrained counties and non-fiscally constrained counties will not
alter the statutorily required percentages of matching funds for each.
33
331
RFA06H16GS1
APPENDIX G—BUDGET INSTRUCTIONS
The budget section of the application consists of a line-item Budget and a Budget Narrative.The line-item budget must
show the total project costs and proposed allocation of the requested grant funds. The budget must also indicate
the sources and amounts of matching funds. For Implementation and Expansion grants a 3-vear budget must be
provided.
-
Applicants are required to use the Commitment to Match Donation Forms found in Appendix F to verify cash and
attach valuation to in-kind contributions. A signed form from each match donor must accompany this application as an
attachment to the Budget Section. A Match Collection Summary Report is to be used to show the proportions of cash
and in-kind match.
Following is a brief line-by-line explanation of the categories to be used in developing the grant budget.
Personnel-List each position by title whose salary(or portion of total salary)is to be charged to the grant's
budget. Indicate the salary rate for each position and if the position is to be full-time or part-time. If part-
time, please identify the level of effort (percent of total). For Implementation grants, you may show
personnel expenditures for the 3-year period at a cost of living increase commensurate with County
practices.
Frinae Benefits-Indicate the fringe benefit rate(fixed percentage of total personnel). If the fringe benefit
rate varies by position, list each staff position covered and show the rate for each position. Possible
partial coverage could be any combination of social security,health insurance, retirement, or worker's
compensation.
Administrative Costs- The administrative costs for each applicant may not exceed 10%of the total
funding received by the state for each grant.Administrative costs typically include:grant management
activities;fiscal, personnel,and procurement management; related office services and record keeping,
costs of necessary insurance, auditing,etc. Evaluation activities are considered a direct program cost
and are not included in this section.
Staff Travel.'This item is for travel expenses for project staff.Any travel listed in this category must be for
the purpose of supporting grant activities as described in this application. Identity the approximate total
mileage to be traveled during the proposed grant period. Mileage reimbursement and other travel rates
cannot exceed the maximum rates established by the Department of Children and Families.
Consultants&Contracted Services-Show a calculation of charges giving hourly or daily rates for each
consultant. List all sub-contracted services, including vendor, purpose and amount. A copy of all
subcontracts must be made available to the Department upon request. Agency employees or persons
who would normally provide consultant services without charge may not be included in the budget.
jj;,ggjpment,-An item of equipment is an article of property procured that is of a durable nature,and has an
expected service life of more than one year. Purchase of equipment is dependent upon program intent and
requires appropriate justification. List each item of equipment to be purchased and the specific dollar amount
for each item,including installation,insurance,freight and accessories.
Supplies Supplies are consumable or expendable items that are used routinely or that have an expected
life of one year or less.
Rent and utilities-For each rental required to support grant programs,present monthly cost and number
of months rented. if rental expense is to be shared,display grant portion only and explain in the budget
justification the other dimensions of the shared costs.
Specify the total rental expense and also indicate the monthly rate. If utilities are not included in the rent,
list those expenses separately and also provide an estimated monthly utility charge,
34
332
RFA06H16GS1
Other-List expenses for printing,as well as any other charges(except capital expenses)that cannot
be identified within the other budget categories. Include sufficient descriptive detail to facilitate review and
approval,
Unallowable Costs-When completing the budget, please note that the following are types-of costs that cannot be
included. Below is an inclusive list of unallowable costs:
• Supplanting of staff costs;
• Administrative costs not related to the implementation of the proposed project;
• Indirect costs(i.e.,cost not related to the project being funded by this grant);
• Office supplies not related to the project being funded by this grant;
Cash payments to intended recipients of services;
• For the purpose of purchasing or improving land;
• To purchase, construct or permanently improve (other than minor remodeling) any building or
other facility;and,
• Food and entertainment costs,
Line-Item Budget
Provide a detailed budget that is complete,allowable,and tied to the proposed activities.Provide the detailed
budget as indicated in the sample format shown here or in a similar Excel format.
You are not required to use this table;the budget categories and details are what are important.
Line Item'Bud`"t;:Tebfe? --
Grant Funds Matching Funds and Other In-Kind Contributions
Requested Funding Source of Funds
Salaries:
Fringe Benefits:
Administrative Costs:
Staff Travel:
Consultants&Contracted
Services
Equipment:
Supplies:
Rent/Utilities:
Other Expenses:
Totals:
Total Project Cost: =Grants Funds Requested+Matching Share
Match Percentage: =Match!Total Project Cost
35
-333
RFA06H16GS1
APPENDIX H—COMMITMENT OF MATCH DONATION FORMS
(FOR THE ENTIRE GRANT PERIOD)
TO:(name of county)
FROM:(donor name)
ADDRESS:
The following_space,_equipment,_goods or supplies,and—services,are donated to the County
permanently(title passes to the County) temporarily(title is retained by the donor),for the period
to ,
Description and Basis for Valuation(See next page)
Description Value
(1) $
(2) $
(3) $
(4) $
TOTAL VALUE$
The above donation is not currently included as a cost(either direct or matching)of any state or federal contract or
grant,nor has it been previously purchased from or used as match for any state or federal contract,
(Donor Signature) (Date) (County Designee Signature) (Date)
36
134
RFAG6H16GS1
Appendix H(cont.)
BASIS OF VALUATION
Building/Space
1. Donor retains title.
a. Fair commercial rental value-Substantiated in provider's records by written confirmation(s)of fair
commercial rental value by qualified individuals,e.g.,Realtors,property managers,etc.
b. (1) Established monthly rental of space $
(2) Number of months donated during the contract
Value to the project[b.(1)X b.(2)] $
2. Title passes to the County:
Depreciation
a. Cost of Fair Market Value(FMV)at acquisition(excluding land) $
b. Estimated useful life at date of acquisition yrs.
c. Annual depreciation(a./b.) $
d. Total square footage sq.ft.
e. Number of square feet to be used on the grant program sq.ft.
f. Percentage of time during contract period the project will
occupy the building or space
Value to project(e./d.X f.X c.) $
Use Allowance
a. To be used in the absence of depreciation schedule(i.e.,when the item is not normally depreciated in the
County's accounting records),
b. May include an allowance for space as well as the normal cost of upkeep,such as repairs and maintenance,
insurance,etc.
Equipment
1. Donor retains title: Fair Rental Value
2. Title passes to County:
a. FMV at time of donation $
or
b. Annual value to project(not to exceed 6 2/3%X a.)_ $
Goods or Supplies
FMV at time of donation
Personnel Services
1. Staff of another agency or organization:
Annual Salary Number of hours 2080 X to be provided = $
2. Volunteer -- Comparable annual salary$
Annual Salary Number of hours 2080 X to be provided = $
37
335
RFA46H16GS1
Appendix I-MATCH COLLECTION SUMMARY REPORT
(for the entire grant period)
DATE-
County-
Type of Grant-
Match Requirement Percentage-
Total Match Required for the Grant$
Match Reported this Period:
Cash $
In-Kind $
Total $
Comments:
Prepared By
Approved By
38
336
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July 12, 2016
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
INTER-OFFICE MEMORANDUM
TO: Members of the Board of County Commissioners
DATE: July 6, 2016
SUBJECT: Letter of Support for Treasure Coast Community Health
FROM: Wesley S. Davis
Commissioner District 1
1 kindly request your consideration in approving the attached draft Letter of Support for
Treasure Coast Community Health.
Attachment (1)
354
Bob Solari Wesley S. Davis
Chairman District 1
District 5
Tim Zorc
Joseph E. Flescher District 3
Vice Chairmay:
District 2 Peter D. O'Bryan
District 4
July 12, 2016
Ms. Vicki Soule'
Chief Executive Officer
Treasure Coast Community Health, Inc.
12196 County Road 512
Fellsmere, FI 32948
Dear Ms. Soule':
As Chairman of the Board of County,Commissioners of Indian River County, I am
pleased to offer this letter of support to Treasure Coast Community Health (TCCH) in its
application to the Health Resources and Service Administration for a New Access Point
(HRSA 17-009) in Sebastian, Florida.
TCCH has a 23-year liWory of helping the uninsured, under-insured, and low income
families and in_dividuals`in Indian River County, including migrants and seasonal farm
workers The Board supports TCCH's efforts to reach out to the underserved of all
races,-ethnic backgrounds arid financial situations.
This is-a,great opportunity to provide increased access to healthcare to the citizens of
Indian River County. This further demonstrates TCCH's commitment to the most
vulnerable in our community.
Thank you for your continued efforts to provide quality, affordable healthcare in Indian
River County.
Sincerely,
Bob Solari
Chairman
1801 27th Street, Building A
Vero Beach, FL 32960
(772)226-1490 355
July 5, 2016
ITEM 14.13.!
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
INTER-OFFICE MEMORANDUM
TO: Members of the Board of County Commissioners
DATE: July 5, 2016
SUBJECT: Poet Laureate Designation
�d
FROM: Peter O'Bryana
Commissioner, Distri�
Request the Board approve the designation of Poet Laureate for Indian
River County as an honorary position with a 4 year term, consider offers
by community groups who might wish to be the official agency to make
recommendations to the Board, and then designate an agency to review
candidates and make a recommend for Poet Laureate to the Board.
356
• r
RESOLUTION 2004-22
A RESOLUTION PROCLAIMING DENNY SMITH AS THE POET
LAUREATE OF NASSAU COUNTY FOR THE TERM SEPTEMBER
1, 2003, TO AUGUST 3'1, 2004 .
WHEREAS, the Nassau County Writers and Poets Society
has recognized a local poet as the Poet Laureate of Nassau
County, Florida; and
WHEREAS, there has heretofore never been a Poet
Laureate of Nassau County; and
i WHEREAS, the Nassau County writers and Poets Society
agrees to bear the full responsibility for the selection
and recognition of the selectee who will be chosen from the
i
entire citizenship of Nassau County; and
WHEREAS, there shall be no expenditure of State,
County, or local government funds associated with this
honor.
IT IS, THEREFORE, RESOLVED this 23rd day of
February, 2004, by the Board of County Commissioners of
Nassau County, Florida, as follows :
1. The Board hereby agrees to recognize the
selection by the Nassau county Writers and Poets Society as
the official Poet Laureate of Nassau County, Florida.
2. The Board hereby recognizes Denny Smith as the
Poet Laureate of Nassau County, Florida, for a one (1) year
1
35
period from September 1, 2003, to August 31, 2004.
BOARD OF COUNTY COMMISSIONERS
NASSAU COUNTY, FLORIDA
FLOfD Ly. VANZANT
Its: Chairman
ATTEST:
J. P- O Y, JR.
Its: Ex- fficio Clerk
Approved as to form by the
Nassau County Attorney
Af4ICHAEL S. LI
z/amyere/res/poet-laureate
2
35
July 12, 2016
ITEM 14.E.1
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
INTER-OFFICE MEMORANDUM
TO: Members of the Board of County Commissioners
DATE: July 1, 2016
SUBJECT: Economic Opportunities in the SR 60 Corridor
FROM: Tim Zorc
Commissioner, District 3
Discussion Item:
Continued Discussion on Item #5 from Commissioner Zorc's Economic Development
Initiatives.
Specifically, evaluating existing commercial zoning/land use acreage and mixed use
allowances for commercial development along SR60 between 58th Avenue and % mile
west of 66th Avenue, coordinating with Indian River State College (IRSC) on its master
plan, and amending the County's Comprehensive Plan and Land Development
Regulations (if warranted), while avoiding strip commercial development. Data collected
and initially analyzed. Meeting with land owners regarding use of mixed use allowances
rather than C/I expansion. Mixed use appears to be viable (preferred) option to C/I
expansion.
359
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July 12, 2016
ITEM 14.E.2
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
INTER-OFFICE MEMORANDUM
TO: Members of the Board of County Commissioners
DATE: July 5, 2016
SUBJECT: Zika Virus Precautions for Indian River County
FROM: Tim Zorc
Commissioner, District 3
Discussion Item:
The Zika Virus is primarily spread through the bite of an infected Aedes species
mosquito. The Virus can also be spread through sexual contact with an infected man
and can be transferred from a pregnant woman to her fetus. Currently, there are no
known cases of Zika virus that originated in the United States. There are, however,
cases of in the United States from areas where the Zika virus is found such as the
Caribbean, South America and Central America. There is concern that Florida will be
one of the first areas that will see the Zika virus from the Aedes species mosquito
originating in the United States.
As such, I would like to be proactive in providing up-to-date information and resources
to the public.
361
July 12, 2016
ITEM 14.E.3
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
INTER-OFFICE MEMORANDUM
TO: Members of the Board of County Commissioners
DATE: July 5, 2016
SUBJECT: Road Maintenance for 36th Street
FROM: Tim Zorc
Commissioner, District 3
Discussion Item:
Discussion on road maintenance for 36th Street between US 1 and 11th Drive. This road
is which is privately owned by the Indian River County Hospital District, provides a vital
link from US 1 to the Indian River Medical Center. There are numerous medical office
buildings that use 36th Street as their primary access road.
Currently, Indian River County cannot provide maintenance on 36th Street due to its
private ownership. The current property owners using 36th Street for their access are
paying $396,000 in 2015 Property Taxes of which 5-6% funds Road and Bridge
services.
I would like to reach out to the Indian River County Hospital District about the transfer of
ownership of the 36th Street right-of-way to Indian River County. This transfer of
ownership would allow for the proper maintenance of the road.
362
Indian River County, Florida Property Appraiser's office: , ASA CFA Page 1 - Run at: 7/5/2016
Parcel - 32393500000100000001.1
GENERAL PARCEL INFORMATION --° -
9
Owner INDIAN RIVER COUNTY HOSPITAL, DISTRICT ' No image found.
Property Address 36TH ST
VERO BEACH, FL 32960
Mailing Address 1000 36TH ST sx
VERO BEACH, FL 32960-4862
Legal Description _
EMERGENCY ENTRANCE TO I.R. MEMORIAL HOS- _
PITAL AN E-W 80 FT RNV E OF US HWY NO 1 LYING IN T
Property Use 9400-RIGHT-OF-WA c itS
TaxCode 7 , (Unincorp Indian River County) '����• f r}
Neighborhood 990151.00-45TH ST/37TH'ST/E US1 M&B
Appraisal Date 7/16/2015
LAND ASSESSMENT HISTORY
Rec Land Use Zoning Acres Units unit Type Front Depth Adj.Code Year PUse VBy Land JV Bldg Val Misc Val CAMA Val Taxes
001 94X-RIGHT-OF-WAY- MED 3.77 1 U-UNIT 0 0 NA 2015 9400 C $0 $0 $0 $0 $0.00
2014 9400 C $0 $0 $0 $0 $0.00
2013 9400 C $0 $0 $0 $0 $0.00
2012 9400 C $0 $0 $0 $0 $0.00
SALES BUILDING PERMIT SUMMARY
MISCELLANEOUS IMPROVEMENTS
.W
W'
INDIAN RIVER COUNTY
SOLID WASTE DISPOSAL DISTRICT
BOARD MEMORANDUM
Date: June 30, 2016
To: Jason E, Brown, County Administrator
From: Vincent Burke, P'E', Director ofUtility Services
Prepared By; Himnamshu H. Mehta, P'E,, Managing Director, Solid Waste Disposal District .�n.
Subject: Final Pay to SCS Engineers for Work Order No. 3 for the New Household
Hazardous Waste and Citizen Drop-Off Center
CONDITIONS:DESCRIPTIONS AND
On February 2, 2016,the SWDD Board approved Work Order No. 3 to SCS Engineers in the amount of
$32,833 pursuant to an extension and amendment of the Continuing Contract Agreement for
Professional Services between Indian River County Solid Waste Disposal District (S - D\ and SCS
Engineers dated November 4, 2014. The purpose of this work order is to replace the 'museho|d
Hazardous Waste (HHVV) and Citizen Drop-off center that has been operating at the main landfill for
over 30 years. As mentioned in the original staff memo, staff recommended a step wise approach in
planning the improvements and developing a conceptual design of the improvements. Future work
would include detailed design, permitting, bidding and construction services.
The conceptual plan of work included surveying services, coordination with Florida Power & Light
(FP&L), the County Building department and an Administrative Approval process with the County
Planning department. A preliminary construction estimate was also included to ascertain if the
conceptual design iswithin our fiscal budget for this project.
SCS Engineers has satisfactorily completed all of the tasks described in the scope of work for a
total invoiced amount, including the final invoice of$5,738.48, of $23,772.34, which is under the
approved budget. Attached is the letter report from SCS Engineers describing in more detail the
services provided under this work order.
Based on a primary conceptual layout, SCS Engineers submitted a preliminary construction
estimate in the amount of $946,746, which exceeded the current budget of the project by
$146,746. Approximately $60,000 of this cost is due to an interior roadway shift that staff directed
in this design to both a||ovx for more room for this project as well as to pre-plan the eventual
rea||ignnnentwith the overall landfill permit plans. The major pricetactmrsarethenevx3,6OOsqft
HHVV building and the new drive up ramp feature for residents to conveniently drop-off their
garbage, recycling and construction materials. The new HHVV building is estimated to cost
$216,000 and the associated ramp costs are $142,957. There is an alternate option where instead
of fully enclosed HHVV building (3,800 sq ft at $60/yq ft), we could have an open drive-through
pwou Agenda Final Pay for womo 3scs Engineers New**vvand Citizen Drop-off center'Rev z by SCS Page 1 of 2
facility. Based on other similar projects, SCS Engineers estimates that this alternative option could
save SWDD $36,000 in construction cost (3,600 sq ft at $50/sq ft). The down-side to this is the
exposure to rain and storm events. Overall, the cost of this project is approximately 60% less than
our last upgrade at the Oslo Customer Convenience Center.
To reduce costs, SCS Engineers developed a secondary conceputal layout wherein the existing
HHW building would continue to be utilized and a 24-foot wide access road would not be re-
located; however, a new canopy structure would be constructed adjacent to it to allow for
residential drop-off of the material. This secondary conceptual layout also reduced the length of
the drive-up ramp feature by providing containers on both sides of the elevated area. The revised
construction estimate is approximately$410,000 and is within budget.
FUNDING:
Funding for the new HHW and Citizen Drop-off center is budgeted and available in the Engineering
Services account in the SWDD Landfill Fund, which is funded from SWDD assessments and user
fees. The account has a total budget of$555,000 for the 2015/2016 fiscal year.
ACCOUNT NO.:
Description Account Number Amount
Engineering Services 41121734-033130 $5,738.48
RECOMMENDATION:
SWDD staff recommends that its Board approve the final invoice from SCS Engineers in the
amount of$5,738.48 and authorize staff to proceed with obtaining a proposal from SCS Engineers'
design, permitting and construction services for the secondary conceputal layout.
ATTACHMENT(s):
1. SCS Engineers Project Completion Report & Final Invoice
APPROVED OR AGEN A•
Indian River Co. App; Dote
By: Administration 7 JIp
Jason . Br wn, County Administrator Legal ,
For: Jul 1 2016 Budget 7-4-16
Date SWDD
SWDD-Finance M� ItD
SWDD Agenda-Final Pay for WO No 3 SCS Engineers New HHW and Citizen Drop-Off Center-Rev 1 by SCS Page 2 of 2
365
Environmental Consultants 4041 Park Oaks Blvd. 813 621-0080
and Contractors Suite 100 FAX 813 623-6757
Tampa. FL 33610-9501 www scsengineers.com
IMM
_�y3
June 10,2016
File No. 9215129.03
MEMORANDUM
TO: Himanshu Mehta,PE, Indian River County Solid Waste Disposal District
Indian River County Landfill
1325 74th Ave. SW
Vero Beach,Florida 32968
FROM: Bruce J.Clark, P.E.
David Beben, P.E.
Marc Rogoff, Ph.D.
SUBJECT: Request for Final Payment
Indian River County Landfill Household Hazardous Waste and Citizen's Drop
Off Center
Mr.Mehta:
SCS Engineers is pleased to submit this request for final payment for project number
9215129.03,related to the conceptual design of a new Household Hazardous Waste (HHW)
and Citizen's Drop-Off Center at the Indian River County Landfill. In accordance with the
2014 Solid Waste Master Plan recommendations,the area was targeted for upgrades during
this fiscal year. SCS Engineers completed the following tasks in relation to this task order:
• Contracting with a local professional surveyor to locate topographic elevations,
utilities,existing structures to be demolished,and existing utilities.
• Assess current and future customer counts for landfill customers of the drop-off and
HHW center to size the new building,drop-off and queuing areas.
• Produced a conceptual plan layout for the new 3,600 square foot HHW collection
center.
• Coordinated with Florida Power and Light to move existing power underground for the
proposed ramp.
6 Attended a meeting with County Solid Waste Division staff on April 13,2016 to
discuss Preliminary Conceptual Layout.
c Attended a site plan meeting with County Current Development and County Solid
Waste Division staff on May 23, 2015 to determine County development requirements
for the project.
• Design of Final Conceptual Plan submitted May 27,2016.
366
Mr. Himanshu Mehta
June 10,2016
Page 2
e Produced a cost estimate for the County submitted on June 10,2016,
SCS Engineers is pleased to work with Indian River County on this important project which
will provide the County's an adequately sized, compliant and safe area at the landfill for waste
drop-off and HHW storage for dozens of years.A proposal has been submitted for the next
phase of the project to produce engineering drawings and specifications��jid permitting for the
new structures.
Please call us if you have any questions or need additional information.
Sincerely,
David M.Beben,P.E.
Senior Project Professional
SCS ENGINEERS
367
Citizen's Drop Off Center and Household Hazardous Waste Center
Engineer's Cost Estimate-Conceptual Design
Indian River County Landfill
Vero Beach,Florida
Date of Fstimate•June 28 2016
ITEM UNIT QUANTITY UNIT COST TOTAL
HOUSEI IOLD HAZARDOUS WASTE CEN'T'ER AND CITIZEN'S DROP-OFF
HHW CANOPY SF 900 $ 25 $ 22,500
HHW BUILDING 6'x 10'HHW STORAGE CABINETS EA 2 $ 19,000 $ 38,000
CIVIL-PAVEMENT-SUBGRADE TYPE B STABILIZED,12" SY 1,536 S 370 S 5,684
CIVIL-PAVEMENT-LIMEROCK BASE,8" SY 1,536 $ 15.53 $ 23,852
CIVIL-PAVEMENT- 1.5"A.C.S.C.TYPE SP-12.5 SY 1,536 $ 8.60 $ 13,212
CIVIL-RAMP-SUBGRADE TYPE B STABILIZED, 12" SY 618 $ 3.70 $ 2,288
CIVIL-RAMP-LIMEROCK BASE,8" SY 618 $ 15.53 $ 9,601
CIVIL.-RAMP- 1.5"A.C.S.C.TYPE SP-12.5 SY 618 $ 8.60 $ 5,319
CIVIL-RAMP-STRUCTURAL FILL,24"COMPACTED CY 825 $ 20 $ 16,492
CIVIL-RAMP-STEEL SLIDE.ATTACHMENT LS I $ 5,000 $ 5,000
CIVIL-RAMP-RETAINING WALL SF 1,292 $ 25 $ 32,301
CIVIL.•RAMP-RAILING LS I $ 5,000 $ 5,000
CIVIL-ROLL.OFFS-CONCRETE,12" SF 792 $ 13 S 9,900
CIVIL-ROLL-OFFS-BOLLARDS EA 12 $ 400 $ 4,800
CIVIL-STRIPING AND SIGNAGE LS 1 $ 10,000 $ 10,000
CIVIL-SODDING BAHIA SF 29,773 $ 0.23 S 6,914
DRAINAGE-CULVERT,18" LF 242 $ 64 $ 15,488
DRAINAGE-TYPE C INLETS EA 3 $ 3,000 $ 9,000
DRAINAGE-MITERED END SECTIONS,18" EA 2 $ 1,600 S 3,200
DRAINAGE-STORMWATER PERIMFrER CHANNEL LF 1 $ 10,000 $ 10,000
SECURITY CAMERAS AND FIBER OPTIC CABLE LS .1 $ 10,000 $ 10,000
UTILITIES-ELECTRICAL(FPL) LS 1 $ 50,000 $ 50,090
UTILITIES-FIRE HYDRANT EA 1 $ 5,000 S 5,000
ABOVEGROUND STORAGE TANK,150-GALEA 2 $ 2,079 $ 4,158
CLEARING,GRUBBING,DEMOLITION LS 1 S 25,000.00 S 25,000
EROSION AND SEDIMENT CONTROL LS I. $ 15,000 $ 15,000
MOBILIZATION AND BONDING(5%) LS L S 15,885 48 $ 15,885
SUB-TOTAL S 373,595
CONTINGENCY AND ADDITIONAL,MATERIALS(10%) S 37,360
TOTAL S 410,955
Note:HHW building estimates do not include sprinkler systems for fire suppression
369
invo•C@ 4041 Park Oaks Blvd. 813 621-0080
Suit'L 1:'G FAX 813 623-6757
Tir ic,y:,F_ www.scsengineers.com
Remit to: SCS Engineers
Mr. Himanshu Mehta
3900 Kilroy Airport Way, Suite 100
Long Beach, CA 90806-6816
Indian River County SW Disposal District Tax ID No: 54-0913440
1325 74th Avenue SW
Vero Beach, FL 32968
June 13, 2016
Project No: 09215129 03
Invoice No: 0280335
Work Order Number 3
Concept Design Layout for New Citizen's HHW and
Recyclables Drop-off Facility
Professional Services from May 01, 2016 to June 13 2016
Task 00001 Indian River Co, Initial Concept Design
Professional Personnel
Hours Rate Amount
Secretary/Clerical
Friend, Pennie 1.00 ✓10.00 70.00
Totals 100 7000
Total Labor 70.00
Billing Limits Current Prior To-Date
Total Billings 7000 12,501.32 12,571.32
Limit 12,586 00
Remaining 14.68
Total this Task $70.00
Task 00002 Indian River Co, Final Conceptual Design
Professional Personnel
Hours Rate Amount
Project Director
Clark, Bruce 9.50 X210.00 1,995.00
Senior Project Professional
Beben, David 25.00 ✓ 135.00 3,375.00
Staff Professional
Spurlock, Ian 1.00 ✓100.00 100.00
Secretary/Clerical
Friend, Pennie .50 '/ 7000 35.00
Totals 36.00 5,50500
Total Labor 5,505.00
370
Project 09215129.03 Indian River Co,Design HHW/Drop Off, FL Invoice 0280335
Consultants
Outside Labor/Temp Srvcs
5/15/2016 Aerotek, Inc" - USA J Schwoerke 4/18 14 00
Scanning/email Indian River
Drawing 09215129.03 tsk 1
Total Consultants 1.15 times 14.00 16.10
Reimbursable Expenses
Auto Mlg/Maint/Rent/Gas 12096
Meals& Incidentals 7.20
Total Reimbursables 1.15 times 128.16 147.38
Total this Task $5,668.48
Total this Invoice $5,738.48
Thank you.
371
Page 2
Project 09215129 03 Indian River Co,Design HHW/Drop Off, FL Invoice 0280335
Billing Backup Tuesday, July 05, 2016
SCS Engineers Invoice 0280335 Dated 6/13/2016 1,49:58 PM
Task 00001 Indian River Co, Initial Concept Design
Professional Personnel
Hours Rate Amount
Secretary/Clerical
02862 81000- Friend, 6/13/2016 100 7000 7000
Pennie
Project Admin
Totals 1.00 70.00
Total Labor 70.00
Total this Task $70.00
Task 00002 Indian River Co, Final Conceptual Design
Professional Personnel
Hours Rate Amount
Project Director
00650 81000-Clark, Bruce 5/3/2016 2.00 21000 420.00
Concept floor plan for HHW building
00650 81000-Clark, Bruce 5/4/2016 1 50 210.00 315.00
Concept sketches and haz, bldg. rehab. estimate
00650 81000-Clark, Bruce 5/9/2016 50 210.00 105.00
Discuss new building concept design
00650 81000-Clark, Bruce 5/23/2016 550 210.00 1,155.00
Meeting with County to review County Bldg. requirements
Senior Project Professional
04157 01000-Beben, David 5/3/2016 1.00 135.00 / 135.00
final conceptual plan
04157 01000- Beben, David 5/4/2016 1.00 135.00 13500
final conceptual plan
04157 01000-Beben, David 5/5/2016 1 00 135.00 135.00
final conceptual plan
04157 01000-Beben, David 5/6/2016 3.00 135.00 40500
HHW and CCC final plan
04157 01000- Beben, David 5/9/2016 1.00 135.00 135.00
final conceptual plan
04157 01000-Beben, David 5/10/2016 1.00 135.00 13500
final conceptual plan
04157 01000- Beben, David 5/11/2016 1.00 135.00 13500
final conceptual plan
372
Page 3
Project 09215129 03 Indian River Co,Design HHW/Drop Off, FL Invoice 0280335
04157 01000- Beben, David 5/12/2016 100 135.00 13500
final conceptual plan
04157 01000-Beben, David 5/13/2016 1.00 135.00 13500
final conceptual plan
04157 81000-Beben, David 5/20/2016 2.00 135.00 270.00
final conceptual plan for new HHW center
04157 81000- Beben, David 5/23/2016 5.50 135.00 742.50
meeting with County Planning Division and County Utilities
Department
04157 81000- Beben, David 5/24/2016 50 135.00 67.50
cost estimate, additional sketches for buildling options
04157 81000- Beben, David 5/25/2016 2.00 135.00 270.00
cost estimate, additional sketches for buildling options
04157 81000- Beben, David 5/26/2016 2.00 135.00 270.00
cost estimate, additional sketches for buildling options
04157 81000- Beben, David 5/27/2016 1.00 135.00 135.00
cost estimate, sketches, final payment memorandum
04157 81000-Beben, David 5/31/2016 1.00 135.00 135.00
cost estimate
Staff Professional
03935 81000-Spurlock, Ian 5/25/2016 1.00 100.00 100.00
Creating ARC Po for David Beben
Secretary/Clerical
02862 81000- Friend, 5/11/2016 .50 7000 3500
Pennie
Project Administration
Totals 36.00 5,505.00
Total Labor 5,505.00
Consultants
Outside Labor/Temp Srvcs
AP 0919018 5/15/2016 Aerotek, Inc**- USA/J Schwoerke 4/18 14.00
Scanning/email Indian River Drawing
09215129.03 tsk 1
Total Consultants 1.15 times 14.00 16.10
Reimbursable Expenses
Auto Mlg/Maint/Rent/Gas
EX 0044704 5/24/2016 Beben, David/Mileage-5/24/16 120.96
OrlandoNero Beach Rt/personal mileage
for meeting at Indian River County
Development for County Development
Code Requirements for the upcoming
HHW building design project/216.00 miles
@056✓
373
Page 4
Project 09215129 03 Indian River Co,Design HHW/Drop Off, FL Invoice 0280335
Meals& Incidentals
EX 0044704 5/24/2016 Beben, David/Meal -West Melbourne, FI/ 7.20
meal at Polio Tropical in West Melbourne,
FI
Total Reimbursables 1.15 times 128.16 147.38
Total this Task $5,668.48
Total this Project $5,738.48
Total this Report $5,738.48
374
Page 5
7/15/2016
Hazardous Household
Waste & Drop Off Center
Solid Waste Disposal District
BOCC Meeting
July 12, 2016
SWDD Advertising
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7/15/2016
SWDD Advertising
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