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08/16/2016 (4)
4 k COUNTY COMMISSIONERS DISTRICT Bob Solari, Chairman District 5 Joseph E. Flescher, Vice Chairman District 2 Wesley S. Davis District 1 Peter D. O'Bryan District 4 Tim Zorc District 3 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA TUESDAY, AUGUST 16, 2016 - 9:00 A.M. Commission Chambers Indian River County Administration Complex 180127 1h Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 1. CALL TO ORDER 9:00 A.M. PAGE 2. INVOCATION Deputy Teddy Floyd, IRC Sheriff's Department 3. PLEDGE OF ALLEGIANCE Commissioner Bob Solari, Chairman 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS A. Legislative Update by U.S. Congressman Bill Posey, Representing Florida's 15t District ----- (no -- back-up) ---- ---------------------------------------------------------------------------------------------------------- B. Presentation of Proclamation Honoring Senator Thad Altman 1 -------------------------------------------------------------------------------------------------------------------- August 16, 2016 Page 1 of 12 5. PROCLAMATIONS AND PRESENTATIONS PAGE C. Presentation of Proclamation Designating the Month of September, 2016, as "Hunger_Action Month'-'- in- Indian_River County, Florida 2 D. Presentation of Proclamation Designating the Day of September 12, 2016, as Florida Missing Children's_ Day 3 E. Presentation of Proclamation Designating September 10, 2016 as Suicide Awareness Day 4 F. Presentation of Proclamation Recognizing Tammy Hallam and Marco Osorio for Their -Lifesaving -Efforts 5 G. Presentation of Proclamation Designating Sean Sexton as the First Poet Laureate of Indian River County,_ Florida 6 H. Presentation on Tunnel to Towers by Gina Kempf, Director, Tunnel to TowersVero Beach-------------------------------------------------------------------------------------------------------------- I. Presentation on BlueTube by Patty Goffinet, BlueTube Founder J. Presentation Turtle Hatchlings Released at Indian River County Coastal Division Dig by Commissioner Peter O'Bryan (memorandum dated July 20, 2016) 7 6. APPROVAL OF MINUTES A. Regular Meeting of June 14, 2016 B. Regular Meeting of June 21, 2016 C. Fellsmere Roads Workshop of June 27, 2016 D. Regular Meeting of July 5, 2016 E. 2016-2017 Budget Workshop of July 13, 2016 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION A. Service as Co -Chair of FAC's Growth Management, Agriculture & Environment Committee (memorandum dated July 20, 2016) 8710 August 16, 2016 Page 2 of 12 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION PAGE B. Update on All Aboard Florida / Vero Electric Expenses (memorandum dated August 8, 2016) ll --16- C. l -16 C. Indian River County Venue Event Calendar Review ------------------------------------------------------------------------------------ 17 D. Retirement Award and Proclamation Honoring W. Carlton Rawls on His Retirement from Indian River County Board of County Commissioners Department of Public Works/Traffic Engineering Division With Thirty Years of Service 18-19 E. Third Party Claims Administration Contract Negotiations (memorandum dated August 8, 2016) 20723 F. Florida Public Service Commission Docket No. 160093 -EI Petition for Approval of Modifications to Standby Generation Tariff and Program Participation Standards, by Duke Energy Florida, LLC, has been received and is available for review in the Office of the Clerk to the Board ------------------------------------ - G. Florida Public Service Commission Docket No. 160049 -EU Petition for Modification of Territorial Order by the Town of Indian River Shores has been received and is available for review in the Office of the Clerk to the Board -___ ----------------------------------------------------------------------------------------------------------- H. Proof of Publication of Unclaimed Monies for Cash Bonds Deposited with the Clerk of the Circuit Court prior to January 1, 2015, is on file in the Office of the Clerk to the Board --__ I. Florida Public Service Commission Docket No. 160093 -EI Order No. PSC - 16 -0270 -TRF -EI Consummating Order has been received and is available for review in the Office of the Clerk to the Board ---- 8. CONSENT AGENDA A. Approval of Checks and Electronic Payments July 1, 2016 to July 7, 2016 (memorandum dated July 7, 2016) 24731 B. Approval of Checks and Electronic Payments July 8, 2016 to July 14, 2016 (memorandum dated July 14, 2016) 32-41 C. Approval of Checks and Electronic Payments July 15, 2016 to July 21, 2016 (memorandum dated July 21,_2016) 42-51 D. Approval of Checks and Electronic Payments July 22, 2016 to July 28, 2016 (memorandum dated July 28, 2016) 52-60 August 16, 2016 Page 3 of 12 8. CONSENT AGENDA PAGE E. Approval of Checks and Electronic Payments July 29, 2016 to August 4, 2016 (memorandum dated August -4, 2016) 61---68-- F. 1-68_ F. Quarterly OPEB Trust Report for Quarter Ending 06/30/2016 (memorandum dated July 29, 2016) 69-78 G. Quarterly Investment Report for Quarter Ending 06/30/2016 (memorandum dated July 29,_2016) 79-91 H. Quarterly Tourist Development Tax Report for Quarter Ending 06/30/2016 (memorandum dated July 25-,-2-0-1-6) 92-93 I. Out of County Travel to Attend the Florida Shore & Beach Preservation Association Conference (memorandum dated July 12,_2016) 94798 J. Out of County Travel to Attend the Public Safety Facilities Planning Seminar in Orlando, Florida (memorandum dated July 28-,-20-1-6) -______ 99-106 K. Work Order No. 4 with Atkins North America, Inc. for Engineering Review and Summary of All Aboard Florida Drainage Reports and Calculations (memorandum dated August_ 2, 2016) 107-114 L. Resolutions Canceling Taxes on Properties Purchased by Indian River County for Public Purpose (memorandum dated August 9, 2016) 115-129 M. Miscellaneous Budget Amendment 024 (memorandum dated August -1-0,-2-01-6) 130-139 N. Approval of Purchase Agreement with Kannact Inc. for Diabetes Management Supplies and Services (memorandum dated August 9, 2016) 140-153 O. Approval of B1ueMedicare Advantage Renewal (memorandum dated August 9, 2016) 154-170 P. Authorization of Selection of P25 Migration Project Vendor and Agreement for Service (memorandum dated August 9, 2016) 171-197 Q. Declare Marine 21 (Fleet 587/Asset 23517) Engines Surplus for Trade -In (memorandum dated August 2, 2016) 198-200 August 16, 2016 Page 4 of 12 8. CONSENT AGENDA PAGE R. Traffic Control Device Ledger - -(memorandum dated July 18,-2016 -)----------------------------------------------------------201-222 S. Request for Approval of First Amendment to "Vero Beach Rocktoberfest" License Agreement for Use of the Indian River County Fairgrounds (memorandum dated July 20, 2016) 223-237 ------------------------------------------------------------------------------------------------------------------- T. Extension for Closing on Agreement for Purchase of 2625 54th Street, 26th Street Project, Owner: Lisa and Michael Giessert (memorandum dated July 28-,- 2016) 238-239 ----------------------------------------------------------------------------------------------------------------- U. Approval of Final Release of Retainage for Work Order L-1 and Associated Change Orders With GK Environmental, Inc. for Egret Marsh Stormwater Park (memorandum dated August 1, 2016) 240-241 V. Mediated Settlement: Meadowbrook/Starr Insurance (memorandum dated July 22, 2016) 242-248 ------------------------------------------- ------------------------------------------------------------ ------------ W. Approval of Contract with Van Ert, Nemoto and Associates, LLC for a Pilot Plant Study for a Full -Scale Managed Aquatic Plant Pollutant Removal System that Incorporates the Beneficial Use of Harvested Biomass (memorandum dated August 3, 2016) 249-277 X. Florida Department of Transportation Traffic Signal Maintenance and Compensation Agreement Revised Terms and Conditions (memorandum dated August 2, 2016) 278-292 Y. Declaration of Excess Equipment as Surplus for Sale or Disposal (memorandum dated August 8, 2016) 293-296 Z. Recommended Selection of Consultants for RFQ 2016029 — Continuing Surveying Services (memorandum dated August 3, 2016) 297-298 AA. Robert Keating's Request for Release of a Portion of an Easement at 5705 Glen Eagle Lane (Bent Pine Subdivision Unit 1) (memorandum dated August 3, 2016) 299-305 BB. Revision to the Lease with the Senior Resource Association for the Transit Administration Facility (memorandum dated August 10, 2016) 306-310 August 16, 2016 Page 5 of 12 8. CONSENT AGENDA PAGE CC. Amendment No. 1 to Work Order No. 1, Andersen Andre Consulting Engineers, Inc. for the Intergenerational Recreation Facility at South County Regional Park (memorandum dated August 2, 2016) 311-315 DD. Ratification of the TBRA (Tenant Based Rental Assistance) Contract Signed by the County Administrator (memorandum dated August 9, 2016) 316-345 EE. Update on Florida Department of Transportation Grant for Additional Funding to Construct the New GoLine Main Transit Hub (memorandum dated August 8, 2016) 346-347 FF. Consideration of the Indian River County SHIP Program Annual Report (memorandum dated August_ 5, 2016) -------------------------------------------------------- 348-368 GG. Declaration of Fleet 343/Asset 22579 Surplus and Authorization for Disposition (memorandum dated August 3,_ 2016) 369-372 HH. Approval of Award for Bid 2016050 — Demolition of County -Owned Building at 1990 25th Street (memorandum dated August_ 8,_ 2016) _ _ _ _ 3 73-3 80 II. Ratification of Change Order to SRS Agreement for Concrete Repairs at Sandridge (memorandum dated August 8, 2016) 381-383 JJ. 43`d Avenue — Advance Acquisition of Right -of -Way, 1313 43`d Avenue, Vero Beach, Fl 32960, Owner: Ventures Trust 2013 -I -H -R by MCM Capital Partners, LLC its Trustee (memorandum dated August_ 8, 2016) _ _ _ _ _ _ _ 384-391 KK. Work Order #3 for REI Engineers — Design and Replacement of Indian River County Health Department Roof (memorandum dated August 8, 2016) 392-398 LL. Work Order #2 for Jay Ammon Architect, Inc. to Design the Repair and Replacement of Various Roofs at the Indian River County Jail (memorandum dated August 8, 2016) 399-406 MM. Division of Library and Information Services State Aid Application / Agreement (memorandum dated August 9, 2016) 407-422 August 16, 2016 Page 6 of 12 8. CONSENT AGENDA PAGE NN. Approval of SJRWMD Cost -Share Grant for Osprey Acres Stormwater Park (memorandum dated July 29-,-20-1-6) 423-437 00. Work Order #4 for REI Engineers to Perform a Roof Condition Assessment for the Administration Annex, Courthouse, and Main Library (memorandum dated August_ 8,_ 2018) 438-451 PP. Approval of Extension of FX Software Agreement (memorandum dated August -9, 2016) 452-455 QQ. Work Order No. 2, Masteller & Moler, Inc. IRC Courthouse Judges Security Upgrades (memorandum dated August 4, 2016) 456-462 RR. Approval of Section 125 Plan Document, Health Care Flexible Spending Account Plan Document, and Dependent Care Flexible Spending Account Plan Document and Authorizing the Chair to Execute the Documents after Review and Approval by the County Attorney (memorandum dated August 9, 2016) _ _ _ _ 463-496 SS. Request for Approval of Circus Pages License Agreement for Use of the Indian River County Fairgrounds for Event on September 9, 2016 (memorandum dated August 9, 2016) 497-518 TT. Approval of Auction Sale Prices for Surplus Properties Appropriate for Affordable Housing (memorandum dated August 10,_2016) 519-520 UU. Award of Bid 2016049 — Security System Camera Upgrade (memorandum dated August -1-0,-2-01-6) 521-528 VV. Approval of Agreement with Florida Blue for the County's Excess Loss / Reinsurance Policy (memorandum dated August 8, 2016) 529-535 WW. Request for Ratification, Florida Department of Law Enforcement, FY 2016/2017 Edward Byrne Memorial Justice Assistance Grant (JAG) Program, Distribution of Grant (memorandum dated August 3, 2016) 536-546 XX. Water, Sewer and Reclaim Water Line Replacement/Extension and Miscellaneous Labor Contract, Bid Number 2015001 (memorandum dated August 9, 2016) 547-550 August 16, 2016 Page 7 of 12 9• CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES PAGE A. Indian River County Sheriff Deryl Loar Request for Transfer of $8,595.28 Forfeiture Proceeds to Substance Awareness Center Pursuant to Florida State Statute 932.7055 (letter_dated August 4, 2016) 551 10. PUBLIC ITEMS A. PUBLIC HEARINGS County Initiated Request to Amend (Update) the Text of Several Elements of the County's Comprehensive Plan (memorandum dated August 8, 2016) 552-615 -----islat---------------------------------------------------------------------------------552-615 Legislative B. PUBLIC DISCUSSION ITEMS (As a general rule, public discussion items should be limited to matters on which the commission may take action.) 1. Request to Speak from Keith D. Kite Regarding Hotels -------------------------------------------------------------------------------------616-617 2. Request to Speak from Gifford Economic Development Council Regarding Gifford Follow -Up 618 C. PUBLIC NOTICE ITEMS None 11. COUNTY ADMINISTRATOR MATTERS A. Department Head Appointment (memorandum dated August 9, 2016) 619 12. DEPARTMENTAL MATTERS A. Community Development None B. Emergency Services None August 16, 2016 Page 8 of 12 12• DEPARTMENTAL MATTERS PAGE C. General Services None 1, Human Services None 2, Sandridge Golf Club None 3, Recreation None Human Resources None E. Office of Management and Budget None F. Public Works 1. Response to May 10, 2016 Commission Meeting Discussing Commissioner Zorc's Request to Consider Additional Sampling and Testing in Indian River Farms Water Control District Canals (memorandum dated July 22-,-2-01-6) 620-626 G. Utilities Services 1. Collier Creek Subdivision Phase 1 Petition Water Assessment Project UCP 4125, Request for Authorization for the Department of Utility Services to Amend the Original Assessment Boundary (memorandum dated August 1, 2016) 627-631 2. Fischer Lakes Island Subdivision Phase 1 through 6 and Replat of 7 Petition Water Assessment Project UCP 4118, Resolutions I (Preliminary Assessment Roll) and II (Public Hearing Date) (memorandum dated August 8, 2016) 632-661 3. Pinson Subdivision Petition Water Assessment Project UCP #4126, Resolutions I (Preliminary Assessment Roll) and II (Public Hearing Date) (memorandum dated August 9, 2016) 662-675 August 16, 2016 Page 9 of 12 12. DEPARTMENTAL MATTERS PAGE G. Utilities Services 4. Mitigation/Donation of Reserve ERU's for Financially Disadvantaged Communities (memorandum dated August 9, 2016) 676-677 13. COUNTY ATTORNEY MATTERS A. Report on the 30th Annual Environmental Permitting Summer School Seminar (memorandum dated August_ 5,_ 2016) 678-686 B. Florida Power & Light Offer to Purchase Electric System in Indian River Shores (memorandum dated August 8, 2016) 687-688 C. Resolution Establishing Honorary Position of Indian River County Poet Laureate (memorandum dated August- 2,_ 2016) --- 689-691 14. COMMISSIONERS MATTERS A. Commissioner Bob Solari, Chairman 1. Optional Sales Tax and the Lagoon (memorandum dated July 21-,-2-01-6) 692 2. Blue Tube at the Beaches (memorandum dated July 21-,-2-0-1-6) 693-694 3. Senator Negron's Reservoir Plan (memorandum dated August 10, 2016) 695 B. Commissioner Joseph E. Flescher, Vice Chairman 1. Ordinance Regarding County Right -of -Way and Pedestrian Use for Activities (memorandum dated August 5, 2016) 696-713 --------------------------------------------------------------------------------------------------------- C. Commissioner Wesley S. Davis 1. County Program for Job Mentoring (memorandum dated August 1, 2016) 714-718 D. Commissioner Peter D. O'Bryan None August 16, 2016 Page 10 of 12 14. COMMISSIONERS MATTERS PAGE E. Commissioner Tim Zorc None 15. SPECIAL DISTRICTS AND BOARDS A. Emergencv Services District 1. Approval of Minutes Meeting of June 7, 2016 2. Approval of Minutes Meeting of June 21, 2016 3. Lease of Fire Tower and Accessory Building at 43`d Avenue and 4th Street to Indian River County Historical Society, Inc. (memorandum dated August 4, 2016) 719-730 --------------------------------------------------------------------------------------------719-730 B. Solid Waste Disposal District 1. Approval of Minutes Meeting of June 21, 2016 2. Approval of Minutes Meeting of July 13, 2016 3. Quarterly Recycling Update (memorandum dated August 4, 2016) 731-732 - ------------------------------------------------------------------------------------------------------ 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. August 16, 2016 Page 1 1 of 12 Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meeting may be broadcast live by Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6: 00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m. August 16, 2016 Page 12 of 12 PROCLAMATION HONORING SENATOR THAD ALTMAN WHEREAS, Senator Thad Altman has lived in east Central Florida for more than fifty years. Senator Altman and his wife, Mary Pat, have 3 children; and WHEREAS, Senator Altman began his political career in 1985 serving as a Brevard County Commissioner. During a Special Election in 2003, Senator Altman was elected to the Florida House of Representatives where he served until November 2008. Subsequently, Senator Altman was elected to serve in the Florida Senate to represent portions of Brevard, Orange and Seminole Counties; and WHEREAS, in 2012, Senator Altman was reelected to serve the newly formed Senate District 16 which includes the southern half of Brevard County and the northern portion of Indian River County, and WHEREAS, throughout his decorated tenure as a member of the Florida Senate, Senator Altman has been a dedicated leader and protector of Florida's service men and women, military veterans, environment, space program and small businesses, and WHEREAS, during the past four (4) years S�,,�lor Altman represented Indian River County in the Florida Senate, he has worked diligently to honor and support the best interests of our community by serving in a number of leadership roles including, but not limited to, Chairman of the Military Affairs, Space, and Domestic Security Committee (2012-2014), Chairman of Military and Veterans Affairs, Space and Domestic Security Committee (2014-2016), and Vice Chairman of the Children, Families, and Elder Affairs Committee (2014-2016); and WHEREAS, from 2012 to 2014, Senator A,;; -+n also served on the Indian River Lagoon and Lake Okeechobee Basin Committee which was tasked to investigate policies, spending, and any other governmental activities which may impact the water management in the Indian River Lagoon and Lake Okeechobee Basin. In an effort to promote, clean and protect the Indian River Lagoon, Senator Altman successfully fought for and assisted in securing millions of dollars in funding from the State of Florida; and WHEREAS, Senator Altman is rightfully honored on this day for his service to Indian River County and to the residents of District 16. His tireless work on behalf of his constituents is justly acknowledged, and he is hereby commended and granted best wishes in his future endeavors; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Senator Thad Altman on his past and future leadership roles, and the Board wishes to express its appreciation for the dedicated service he has given Indian River County for the last four (4) years. Adopted this 16th day of August, 2016 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairm n j -709 ph E Flescher, Vic Chairman €sS. Davi�— i Peter D. 9'Bly4n i Tim Zorc Z`. Jri PROCLAMATION DESIGNATING THE MONTH OF SEPTEMBER, 2016, AS "Hunger Action Month" in Indian River County, Florida WHEREAS, hunger and poverty remain issues of grave concern in the United States, the State of Florida, the Treasure Coast, and Indian River County; and, WHEREAS, Indian River County is committed to taking steps to raise awareness about the need to combat hunger in every part of our County, and to provide additional resources that the citizens of Indian River County need; and WHEREAS, Indian River County is committed to working with the Treasure Coast Food Bank in mobilizing people about the role and importance of food banks and hunger relief organizations in addressing hunger and bringing attention to the need to devote more resources and attention to hunger issues; and WHEREAS, food banks and hunger relief organizations across the country, including the Treasure Coast Food Bank, will host numerous events throughout the month of September to shed light on this important issue, and encourage involvement in efforts to end hunger in their local community. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the month of September, 2016, be designated as Hunger Action Month in Indian River County, and the Board calls this observance to the attention of our citizens. Adopted this 16th day of August, 2016 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, h irman C. ,1 seph E. Flescher, Vice Chairman Wesley S. Davis - Peter D. O'Bryan Tim Zor - f PROCLAMATION - DESIGNATING THE DAY OF SEPTEMBER 12, 2016, AS FLORIDA MISSING CHILDREN'S DAY WHEREAS, Florida's children are our greatest assets; and, WHEREAS, approximately 35,000 children are reported missing annually in the State of Florida; and, WHEREAS, approximately 10,000 adults are reported missing annually in the State of Florida; and, WHEREAS, Florida's children rely on public awareness and law enforcement training to ensure their safety; and WHEREAS, Florida recognizes the need for continued awareness to help reduce the incidents of missing children; and WHEREAS, the State of Florida remains diligent in our commitment to safeguard Florida's most vulnerable citizens, and will strive to improve our response methods and maximize our resources to bring our missing children home; and WHEREAS, Florida has established an Advisory Board to the Missing Endangered Persons Information Clearinghouse, which consists of law enforcement officials, victim parents, government agencies, missing children non-profit organizations, and members of the business community with interest in missing children issues; and WHEREAS, many citizens of Florida take heroic measures to protect our children, families, and communities,- and ommunities;and WHEREAS, Florida is proud to recognize the law enforcement community and countless volunteers who spend their time, energy, and resources to find Florida's missing children. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the 12th day of September, 2016, be designated as Florida Missing Children's Day in Indian River County. Adopted this 16th day of August, 2016. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman Jo"seph VFIescher, Vice Chairman Wesley S. Dais Peter D. O'Bryan Tim orc- ��� PROCLAMATION DESIGNATING SEPTEMBER 10, 2016 AS SUICIDE AWARENESS DAY WHEREAS, Suncoast Mental Health Center seeks to increase awareness and encourage continued discussion and action regarding mental health matters such as suicide, recognizing that greater awareness is critical; and WHEREAS, the total number of suicides has increased statewide from 1995 to 2014. South Florida has more suicides than murders and traffic fatalities combined, yet the stigma prevents open discussions; and WHEREAS, September 10th has been known as World Suicide Prevention Day since 2003 as supported by the International Association of Suicide Prevention, of which the United States is represented along with 52 other countries worldwide. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that September 10, 2016, be designated as SUICIDE AWARENESS DAY in the County of Indian River, Florida and ask all citizens to observe this day by re-educating themselves about risk factors and resources, speaking up when someone they know is struggling, offering support and caring words to those around them, remembering those who have chosen to no longer be with us, and reaffirming the importance of working together to keep the community healthy. Adopted this 16th day of August, 2016. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman Joseph E. Flescher, Vice Chairman Wesley S. Davis Peter D. O'Bryan Tim Zorc PROCLAMATION RECOGNIZING TAMMY HALLAM AND MARCO OSORIO FOR THEIR LIFESAVING EFFORTS WHEREAS, in a life or death scenario, people tend to react in one of three ways: panic, remain uninvolved, or spring into action, and Tammy Hallam and Marco Osorio chose the latter of the three; and WHEREAS, Tammy, a local dental hygienist for 35 years who has had CPR training every two years since first getting her license never thought she would ever actually need it to address a life threatening situation, and WHEREAS, on June 26, 2015, Tammy Hallam was playing tennis with a group of ladies at the Vero Beach Tennis Club when she saw a man at another court lying on the ground near the net, ran over to him, and found that he had no pulse; and WHEREAS, club owner, Marco Osorio, quickly retrieved the Automated External Defibrillator, also known as an AED, and brought it to Tammy; and WHEREAS, her fast acting response, her knowledge in the use of the AED and her CPR training resulted in the resuscitation and increased chances for survival of the man, Paul Kelly, who was in full cardiac arrest; and WHEREAS, fire/ems arrived on scene within minutes to assist in stabilizing Mr. Kelly and to transport him to the hospital; and WHEREAS, Mr. Kelly, one year later, just celebrated his 46th wedding anniversary along with his 3 children and 4 grandchildren and continues to share the story of the "angels" who saved his life. NOW THEREFORE, BE IT PROCLAIMED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS that Tammy Hallam deserves our sincere recognition and praise for her quick and brave response and Marco Osorio for his excellent judgment in having an AED on hand, and furthermore acknowledge that this combination of CPR training and forethought is one of the greatest gifts a citizen can give to their community. Adopted this 16th day of August, 2016. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman Joseph E. Flescher, Vice Chairman Wesley S. Davis Peter D. O'Bryan Tim Zorc PROCLAMATION DESIGNATING SEAN SEXTON AS THE FIRST POET LAUREATE OF INDIAN RIVER COUNTY, FLORIDA WHEREAS, Sean Sexton is a third generation pioneer resident of Indian River County who has been writing poetry for 40 years, and is affectionately known as 'The Cowboy Poet'; and, WHEREAS, Sean Sexton is recognized throughout Florida and nationally for his many beautiful and heartfelt poems fitting with the character and values of Indian River County including family, neighbors, farm and ranch life, the buildings on his property, nature, and the passing of seasons; and, WHEREAS, Sean Sexton has shared his poems to promote awareness of Indian River County and the appreciation of poetry at neighborly gatherings, special occasions, public workshops, and exhibits; and WHEREAS, the Indian River County Poet Laureate is an honorary position and carries with it the esteem and appreciation of the citizens of Indian River County; and, WHEREAS, Indian River County may call upon its Poet Laureate to compose poems for County occasions and other government events worthy of commemoration; and, WHEREAS, the Laura (Riding) Jackson Foundation, a 501C3 organization, recommends the Board of County Commissioners designate Sean Sexton as Indian River County's First Poet Laureate. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA with appreciation and admiration, on this day recognize Sean Sexton as the inaugural Poet Laureate of Indian River County, Florida, effective September 1, 2016. Adopted this 16th day of August, 2016 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA 0 � `� ---� Bob Solari, Chairman (L seph . Flescher, Vice Chairman Wesley S. Davis - Peter D. O'Bryan Tim Zorc - - x CROCKETT w �� �. George E. Warren a �� Corporation TunnetT`�T-wers:Run 4LUR-0f-A0H QUAL LVALLEY It is not about a run or walk; it is about the promise we made on 9/11 "We will Never Forget" When: September 10th, 2016 Time: 7:30AM Event: 3.43 Mile Run or Walk OR 1 mile untimed Run/walk Where: Riverside Park —Vero Beach Cost: In Advance Adults $25/$20 — Children 15-17 $15.00 14 and under— Free Day of the event $30.00/25.00 "Photo's courtesy of 1PR Images Contact: t2tverobeach@aol.com or Runner's Depot @ www.runnersdepotvb.com or 772-569-7364 TumelnTowimN, rfa#m i� I` NEVER FORGET 51 f� I N AM August 16, 2016 ITEM 5 \" INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: July 20, 2016 SUBJECT: Turtle hatchlings released at Indian River County Coastal Division dig FROM: Peter O'Bryan -� �\ e`/ Commissioner, District 4 7 August 16, 2016 ITEM 7 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: July 20, 2016 SUBJECT: Service as Co -Chair of FAC's Growth Management, Agriculture & Environment Committee FROM: Peter O'Bry an D62) Commissioner, District 4� I will be serving again as Co -Chair of FAC's Growth Management, Agriculture & Environment Committee as stated in the attached letter. E /1,00�, FA"F July 18, 2016 FLORIDA The Honorable Peter O'Bryan COUNTIES Indian River County Commission 180127th St., Bldg. A All About Florida Vero Beach, Florida 32960 Re: FAC Policy Committees and Caucuses KATHI'BRYANT Dear Commissioner O'Bryan: CHRISTOPHER G. As President of the Florida Association of Counties (FAC), I would like to thank CONSTANCE, M.D. you for agreeing to serve as part of FAC's legislative leadership team. Your leadership is critical to all of us in ensuring that Florida's 67 counties reach broad consensus and accomplish our legislative goals. KARSON TURNER As Co -Chair of FAC's Growth Management, Agriculture & Environment Committee you will work with the FAC Executive Committee and the general NICK MADDOX membership to develop legislative policies for the 2017 Session convening on March 7, 2017. You will also work with FAC's legislative team during BARBARA SHARIEF committee weeks and Legislative Session on issues affecting county government. R. SCOTT SHALLEY As Co -Chair, it is important that you participate in conference calls, attend FAC Policy Committee meetings and our Legislative Conference. The success of our legislative program depends on your engagement and participation. Prior to and during session you may be asked to meet with key legislators or to testify before a legislative committee on FAC's legislative priorities or emerging issues. For your use, I am enclosing a list of my appointments for all committee and caucus chairs and vice -chairs. FAC's Policy and Legislative Conferences are scheduled as follows: Policy Conference Legislative Conference September 14-16, 2016 November 30 — December 2, 2016 Martin County Orange County Hutchinson Island Marriott Buena Vista Palace Within the next few weeks you will be contacted by a member of the FAC legislative team to set up a preliminary conference call and begin setting the framework of our policy positions and developing legislative concepts as we WWW. FL- COUNTIES. COM 9 FA move toward Policy and Legislative Conferences. Again, thank you for your willingness to serve in this important capacity. I look forward to working with FLORIDA you on the FAC leadership team. COUNTIES Sincerely, All About Florida KATHY BRYANT Kathy Bryant Marion County Commission FAC President CHRISTOPHER C. CONSTANCE, M.D. KARSON TURNER lil I', NICK MADDOX I'i I i I BARBARA SHARIEF LI R. SCOTT SHALLEY I'.I., II 11, W W"V. FL - COUNTIES. COM 10 INFORMATIONAL INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: August 8, 2016 FROM: Michael Smykowski Director, Office of Management & Budget SUBJECT: UPDATE ON ALL ABOARD FL/VERO ELECTRIC EXPENSES DESCRIPTION Staff is providing an update to the Board of County Commissioners on actual expenses for All Aboard Florida and Vero Electric/FMPA issues. Please see the attached documents for expenses incurred as of 8/8/16. ATTACHED: • All Aboard Fl. expenses through 8/8/2016 spreadsheet. • Vero Beach Electric/FPL/FMPA expenses through 8/8/2016 spreadsheet. FOR: August 16, 2016 Indian River County A at Administrator Legal g Budget } r' Department Risk Management 11 All Aboard Florida Expenses Indian River County 3/24/15 Litigation- Board Approved a total of $2.7 million FY 14/15 - 16/17 in addition to prior authorizations Acct#00110214-033110-15023 Legal Services Date Vendor Amount Note 7/27/2016 Shubin & Bass PAS $17,550.50 Fees for Legal Services -June 2016 7/19/2016 Bryan Cave LLP $3,561.50 Fees for Legal Services -May 2016 7/19/2016 Bryan Cave LLP $9,255.65 Fees for Legal Services -May 2016 6/21/2016 Shubin & Bass PAs $11,591.49 Fees for Legal Services -May 2016 6/14/2016 Bryan Cave LLP $27,804.30 Fees for Legal Services -April 2016 6/14/2016 Bryan Cave LLP $386.10 Fees for Legal Services -April 2016 -private activity bonds 5/24/2016 Shubin & Bass PAs $29,983.35 Fees for Legal Services -April 2016 5/3/2016 Shubin & Bass PAS $21,968.25 Fees for Legal Services -March 2016 4/19/2016 Bryan Cave LLP $19,845.75 Fees for Legal Services -March 2016 4/19/2016 Bryan Cave LLP $128,696.58 Fees for Legal Services -March 2016 -private activity bonds 4/6/2016 Bryan Cave LLP $112,572.86 Fees for Legal Services -Feb 2016 -private activity bonds 4/6/2016 Nabors & Giblin $150.00 Fees for Legal Services -August 2015 3/30/2016 Shubin & Bass PAS $7,575.75 Fees for Legal Services -Feb 2016 3/16/2016 Bryan Cave LLP $31,795.61 Fees for Legal Service -Jan 2016 -private activity bonds 3/16/2016 Bryan Cave LLP $22,207.65 Fees for Legal Services -Jan 2016 2/9/2016 Bryan Cave LLP $16,410.09 Fees for Legal Service -Dec 2015 private activity bonds 2/9/2016 Bryan Cave LLP $6,767.90 Fees for Legal Service -Dec 2015 1/20/2016 Bryan Cave LLP $50,663.10 Fees for Legal Service -Nov 2015 private activity bonds 1/20/2016 Bryan Cave LLP $20,948.09 Fees for Legal Services Nov 2015 12/8/2015 Bryan Cave LLP $27,303.95 Fees for Legal Services Oct 2015 12/8/2015 Bryan Cave LLP $1,245.06 Fees for Legal Services -Oct 2015 private activity bonds Subtotal Expenses FY 15/16 $568,283.53 9/30/2015 Bryan Cave LLP $54,812.80 Fees for legal Services Sept 2015 9/30/2015 Bryan Cave LLP $7,113.36 Fees for Legal Services -Sept 2015 private activity bonds 9/30/2015 Bryan Cave LLP $81,436.99 Fees for Legal Services -Aug 2015 9/30/2015 Bryan Cave LLP $55,354.02 Fees for Legal Services -Aug 2015 private activity bonds 8/28/2015 Bryan Cave LLP $51,636.09 Fees for Legal Services -July 2015 private activity bonds 8/28/2015 Bryan Cave LLP $6,307.05 Fees for Legal Services -July 2015 8/12/2015 Bryan Cave LLP $50,710.86 Fees for Legal Services -June 2015 private activity bonds 8/12/2015 Bryan Cave LLP $37,687.25 Fees for Legal Services -June 2015 7/1/2015 Bryan Cave LLP $178,503.50 Fees for Legal Services -May 2015 private activity bonds 7/1/2015 Bryan Cave LLP $37,048.25 Fees for Legal Services -May 2015 7/2/2015 Bryan Cave LLP $177,071.70 Fees for Legal Services -April 2015 7/1/2015 Bryan Cave LLP $28,871.78 Fees for Legal Services -April 2015 private activity bonds 6/18/2015 Nabors Giblin & Nickerson PA ($250.00) Martin county paid 1/2 5/20/2015 Nabors Giblin & Nickerson PA $500.00 Fees for Legal Services 05/12/15 Bryan Cave LLP $28,877.05 Fees for Legal Services 05/12/15 Bryan Cave LLP $145,105.00 Fees for Legal Services 04/20/15 Bryan Cave LLP $4,107.50 Fees for Legal Services 3/24/15 Nabors Giblin & Nickerson PA* $617.49 IRC 1/3 Portion of Legal Fees 2/24/15 Nabors Giblin & Nickerson PA* $5,593.56 IRC 1/3 Portion of Legal Fees 12/22/14 Bryan Cave LLP $33,252.60 Fees for Legal Services 12/10/14 Bryan Cave LLP $79,962.30 Fees for Legal Services Subtotal Expenses FY 14/15 $1,064,319.15 9/30/14 Bryan Cave LLP $26,975.60 Fees for Legal Services 9/30/14 Bryan Cave LLP $638.70 Fees for Legal Services 9/17/14 Bryan Cave LLP $937.50 Fees for Legal Services Subtotal Expenses FY 13/14 $28,551.80 *Split between St.Lucie, Indian River, and Martin Counties F:\Budget\Ali Aboard FL Expenses 12 All Aboard Florida Expenses Indian River County Acct#00110214-033190-15023 Other Professional Services 7/28/2016 GK Environmental $24,000.00 Encumbrabce-PO 74854 7/12/2016 Dylan Reingold-travel to Wash DC $928.37 AAF Hearing 6/1/2016 US Legal Support Inc. $160.80 AAF Hearing Certified Transcriber 5/23/2016 Federal Express $6.10 Shipping 5/11/2016 GK Environmental $6,000.00 Prelim wetland determination 4/19/16 GK Environmental $1,875.00 Prelim wetland determination 3/7/2016 Triad Railroad Consulants $31,050.00 Encumbrance -PO 74724 1/26/2016 Federal Express $6.85 Shipping 1/25/2016 VB Court Reporting $417.50 IRC vs Rogoff Subtotal Expenses FY 15/16 $64,444.62 9/30/2015 Dyland Reingold $412.00 Reimburse for case filing 9/16/2015 Federal Express $3.92 Shipping 8/25/2015 Railroad Consultant Group $36,053.97 Rail Safety Study 8/25/2015 Railroad Consultant Group $435.00 Rail Safety Study 7/14/2015 Federal Express $6.31 Shipping 7/2/2015 William M Sampson $6,875.00 Rail Crossing Analysis 6/16/2015 Federal Express $7.84 Shipping 6/10/2015 Dylan Reingold-travel to Wash DC $446.11 Preliminary Hearing 5/12/2015 Treasury of the United States $570.00 Public Records Subtotal Expenses FY 14/15 $44,810.15 Acct#00110214-034020-15023 All Travel 6/22/2016 Phoenix Park Hotel $410.14 Dylan Reingold 6/29-7/1 Washington Dc Hearing 4/20/2016 Dylan Reingold $106.26 Hearing 4/7/2016 Aloft Hotel -credit for cancelled mtg 1/6/16 -$149.00 4/6/2016 Aloft Hotel $109.00 MHG Tallahasse AL P -Dylan Reingold 1/6/2016 MHG Tallahasse AL P $149.00 Dylan Reingold 12/16/2015 Kimberely Graham $901.76 Fed Railway Assoc. Mtg-Washington DC 12/2/2015 Kate Cotner -FAC Legislative Conference $19.44 Subtotal Expenses FY 15/16 $1,546.60 9/8/2015 Doubletree Orlando $271.36 Orlando -Travel -FI. Dev. Finance Corp 8/26/2015 Dylan Reingold $75.26 8/26/2015 Kate Cotner -$5.36 Orlando -Tavel -FI Dev. Finance Corp Subtotal Expenses FY 14/15 $341.26 F:\Budget\All Aboard FL Expenses 13 All Aboard Florida Expenses Indian River County Acct#11124319-033190 Other Professional Services 7/02/15 CDM Smith Inc $23,454.00 Work Order 10 EIS 1/02/15 CDM Smith Inc $6,973.40 Work Order 13 Noise Monitoring 1/02/15 CDM Smith Inc $2,122.50 Work Order 10 EIS 11/26/14 CDM Smith Inc $5,605.00 Work Order 10 EIS 11/21/14 CDM Smith Inc $6,585.80 Work Order 13 Noise Monitoring Subtotal Expenses FY 14/15 $44,740.70 9/30/14 CDM Smith Inc $1,937.00 Work Order 13 Noise Monitoring 9/30/14 CDM Smith Inc $8,077.00 Work Order 10 EIS 8/29/14 CDM Smith Inc $4,135.00 Work Order 10 EIS 8/08/14 CDM Smith Inc $3,125.00 Work Order 10 EIS Subtotal Expenses FY 13/14 $17,274.00 Total expenses FY 13/14 $45,825.80 Total expenses FY 14/15 $1,154,211.26 Total expenses FY 15/16 as of 8/8/16 $634,274.75 Total expenses processed as of 8/8/16 $1,834,311.81 Total Board authorized budget for FY 15/16 $1,100,000.00 Total Board authorized budget for FY 14/15 $1,287,985.00 Total Board authorized budget for FY 13/14 $168,740.00 Total budgeted 13/14-15/16 $2,556,725.00 Remaining Balance $722,413.19 F:\Budget\AII Aboard FL Expenses 14 Indian River County Vero Beach Electric/Florida Power & Light/FMPA expenses Acct#i 00410214-033110-15024 Other Prof. Services /Legal Advertising Legal Services 5/27/2016 RW Wilson & Assoc 7/19/2016 Berger Singerman $275.00 6/14/2016 Berger Singerman $605.00 5/24/2016 Berger Singerman $495.00 5/4/2016 Berger Singerman $1,650.00 2/9/2016 Berger Singerman $1,265.00 1/20/2016 Berger Singerman $11,722.50 12/22/2015 Berger Singerman $15,090.00 12/8/2015 King Reporting & Video $457.75 11/17/2015 Berger Singerman $2,172.50 Subtotal Expenses FY 15/16 $33,732.75 9/30/2015 Berger Singerman $5,462.50 9/21/2015 Berger Singerman $25,370.00 8/18/2015 Berger Singerman $10,150.00 7/22/2015 Berger Singerman $7,855.00 7/1/2015 Berger Singerman $29,622.50 6/3/2015 Nabors Giblin & Nickerson $312.50 5/20/2015 Carolos Alvarez,Esq $1,878.10 4/20/2015 Gonzalez Saggio & Harlan $10,582.50 4/2/2015 Gonzalez Saggio & Harlan $26,713.48 3/23/2015 Gonzalez Saggio & Harlan $10,312.50 3/23/2015 Nabors Giblin & Nickerson $4,161.72 2/2/2015 Gonzalez Saggio & Harlan $22,882.98 1/16/2015 Gonzalez Saggio & Harlan $16,610.00 12/3/2014 Gonzalez Saggio & Harlan $8,824.24 Subtotal Expenses FY 14/15 $180,738.02 9/30/2014 Gonzalez Saggio & Harlan $7,821.90 9/30/2014 Gonzalez Saggio & Harlan $30,144.31 8/15/2014 Gonzalez Saggio & Harlan $12,292.50 7/22/2014 Gonzalez Saggio & Harlan $8,415.00 Subtotal Expenses FY 13/14 $58,673.71 Other Prof. Services /Legal Advertising 5/27/2016 RW Wilson & Assoc $4,090.00 4/22/2016 RW Wilson & Assoc $4,090.00 4/8/2016 RW Wilson & Assoc $4,090.00 3/24/2016 RW Wilson & Assoc $4,090.00 3/24/2016 RW Wilson & Assoc $4,090.00 2/9/2016 Federal Express $4.85 1/20/2016 RW Wilson & Assoc $4,090.00 1/8/2016 RW Wilson & Assoc $4,090.00 12/22/2015 RW Wilson & Assoc $4,090.00 Subtotal Expenses FY 15/16 $32,724.85 15 9/30/2015 RW Wilson & Assoc $4,090.00 9/11/2015 RW Wilson & Assoc $4,090.00 8/14/2015 RW Wilson & Assoc $4,090.00 7/21/2015 Kate Cotner Reimbursement $50.00 7/10/2015 RW Wilson & Assoc $4,090.00 5/26/2015 RW Wilson & Assoc $4,090.00 5/21/2015 Scripps Treasure Coast $71.76 3/4/2015 RB Oppenheim Assoc $4,625.00 2/13/2015 FMPA-copy of audio $119.13 1/16/2015 Scripps Treasure Coast $70.98 11/19/2014 Scripps Treasure Coast $63.96 Subtotal Expenses FY 14/15 $25,450.83 9/30/2014 Scripps Treasure Coast $87.36 9/10/2014 Scripps Treasure Coast $88.92 Subtotal Expenses FY 13/14 $176.28 Travel $58,849.99 3/16/2016 Dylan Reingold-FL Senate Committ( $394.25 3/8/2016 Courtyard by Mariott $98.00 1/20/2016 Dylan Reingold-FMPA mtg/Tallahas $372.39 1/6/2016 Dylan Reingold-FMPA mtg/Tallahas $149.00 10/12/2015 Dylan Reingold-Joint Legislative mtj $437.53 Subtotal Expenses FY 15/16 $1,451.17 8/26/2015 Dylan Reingold-FMPA mtg/Tallahas $75.26 8/26/2015 Kate Cotner-FMPA mtg/Tallahassee $36.00 Subtotal Expenses FY 14/15 $111.26 Total expenses FY 13/14 $58,849.99 Total expenses FY 14/15 $206,300.11 Total expenses FY 15/16 as of 8/8/16 $67,908.77 Total expenses processed as of 8/8/16 $333,058.87 Budget Authorization Budget 10/1/2015 FY 15/16 Budget $50,000.00 9/15/2015 Legal Services $57,939.00 3/18/2015 Legal Services $130,000.00 5/5/2014 Legal Services $100,000.00 Total Board Authorized Budget $337,939.00 Remaining Balance $4,880.13 16 O �GZat \�oR1O0' Indian River County Venue Event Calendar Review For more information go to www.ircgov.com - Event Calendar 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 CIRCUS by Circus Pages International, Inc. September 9 (c� IRC Fairgrounds: • Fridav 4:30-7:30pm Sebastian River High School Boy's Golf Team Match September 14 (it, Sandridge: • 3:30pm Imagine School Golf Tournament September 17 W) Sandridge: • 8am -Shotgun Start Vero Beach Gun Show September 17-18 'er IRC Fairgrounds: • Saturda) gam - Spm & Sundav gam - 4pin • $8 admission for age 14 and up. under 14 FR FI • Parking, is FREE. 17 s0 This is to cert that W Carlton Wg wls is here 6y presented this Stirement.AAward for outstanaling performance and jaithfulservice to Indian 94ver County Board of County Commissioners 'For thirty years of service On this 31st day of ,august 2016 2 kLrd . Szpyrkg Bob Solan' (Director of (Pu6lzc'wVor § Board of County Commissioner, Chairman o� o PROCLAMATION HONORING W. CARLTON RA WLS ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF PUBLIC WORKS/TRAFFIC ENGINEERING DIVISION WHEREAS, W Carlton Rawls retired from Indian River County Traffic Engineering Division effective August 31, 2016; and WHEREAS, W. Carlton Rawls began his career with Indian River County on February 10, 1986, as a Traffic Technician L On May 27, 1988, he was promoted to a Traffic Inspector. On February 3, 1989, he was promoted to a Traffic Technician. On January 28, 1994, he was promoted to a Signal Technician II and continued in that capacity until his retirement, and WHEREAS, W. Carlton Rawls has served this County and the Public with distinction and selflessness. During his thirty years of service, he was dedicated, and his work was greatly appreciated by the employer, citizens, and co-workers alike; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds W. Carlton Rawl's efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River County for the last thirty years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors! Adopted this 16th day of August 2016. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman Indian River County, Florida Memorandum TO: Jason Brown, County Administrator THROUGH: Michael Smykowski, Director, OMB FROM: Beth Martin, Risk Manager DATE: August 8, 2016 SUBJECT: Third Party Claims Administration Contract Negotiation It is requested that the Board of County Commissioners consider the following Consent Agenda item at their August 16, 2016 regular meeting. Background In February, 2005 the Board entered into an agreement with Johns Eastern Company, Inc. (JECO) to provide third party claims administration services for the self-insurance program, and renewed the agreement in 2009 for a period to conclude on September 30, 2016. Analysis In May 2016, Siver Insurance Consultants (Siver) performed a comprehensive review of JECO's work on the County's behalf, and a summary of their findings and recommendation is attached. After consultation with Purchasing, staff requested Siver negotiate a favorable renewal agreement for the County. Staff remains confident that an agreement can be brought to the Board prior to the current expiration. In the event that is not possible, Siver has been asked to secure a six-month agreement extension under the same terms and conditions during which a Request for Proposals can be made. Recommendation This is presented as an information matter, and will be brought back to the Board as the process develops. APP OVED AGENDA: Jaso B wn, County Administrator Au s 6, 2016 Indian River County A Date Administration I Legal Budget `Nf Risk Management _ G Department 20 Insurance Consultants S-W. -ER 805 Executive Center Dr W, Ste 110 St. Petersburg, Florida 33702 Post Office Box 21343 St. Petersburg, Florida 33742-1343 Telephone: (727) 577-2780 Fax: (727) 579-8692 Email: kgordona siver.com July 13, 2016 Ms. Beth Martin Risk Manager Indian River County Board of County Commissioners 180027 th Street Vero Beach, FL 32960 Subject: Recommendation — JECO Agreement Renewal Dear Ms. Martin: SENT VIA EMAIL Siver Insurance Consultants (Siver) is pleased to provide Indian River County (the County) with our recommendation regarding the September 30, 2016 expiration of the Agreement between the County and Johns Eastern Company (JECO) for workers' compensation and third party liability claims management services. BACKGROUND In May 2016, Siver concluded a claims review of the services provided by JECO to the County. Our review encompassed general administration services, 51 workers' compensation claims and 25 third party liability claims. While we found JECO's performance to reflect high quality claims administration, we noted some critical areas where we believe improvement could be achieved, which in our opinion and experience, should be improved. These issues, such as claim file documentation and enhanced supervisor oversight, tend to improve when performance standards are added to the service agreement, as we have recommended below. 21 SIVER INSURANCE CONSULTANTS Ms. Beth Martin July 13, 2016 Page 2 In addition, we also recommended significant changes to the terms and conditions of the County's service agreement with JECO, including the following: • Amending fees to be annual, flat fees; • Include detailed scope of services; and • Include detailed performance standards. On an annual basis, the County is currently paying JECO about $192,000 in fees, including variable fees such as cost containment. It is our understanding that JECO has been the claims administrator for the County since approximately 2005. RECOMMENDATION We recommend that the County continue their relationship with JECO, assuming JECO will agree to reasonable terms and conditions. We recommend that a new Agreement be negotiated incorporating our recommendations from the claims audit. Our recommendation to negotiate, and not do a Request for Proposals (RFP) for these services, is based upon the following factors: • Based upon the claims volume, in our opinion, the JECO fees (annual approx. $192,000) are reasonable. • Based upon our recent claims review process, in our opinion, JECO is currently providing good quality claims administration services. • Members of the JECO staff (adjusters, supervisors and management) who handle the County's claims, have been working with the County for many years. This knowledge of past events is valuable and is lost with a new administrator. • If a new administrator were selected, when data is transferred from the current JECO system to a new administrator's system, some data is lost and or corrupted. If JECO does not agree to reasonable terms and conditions during negotiations, we recommend that the County request an extension of the current Agreement with JECO and begin an RFP process. Ms. Beth Martin July 13, 2016 Page 3 S1VER INSURANCE CONSULTANTS CLOSING We appreciate the opportunity to provide the County with our opinion. If you have any questions or need any additional information, please let us know. Respectfully, SIVER INSURANCE CONSULTANTS Kathy Gordon, ARM, AAI Vice President JAClient\IRC2P\2016\corr\IRC - JECO Renewal Recommendation.doc 23 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27`x' Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: JULY 7, 2016 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS JULY 1, 2016 to JULY 7, 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 JULY 1, 2016 to JULY 7, 2016. Attachment: 24 CHECKS NkRITTEN TRANS NBR DATE VENDOR AMOUNT 341329 07101'2016 CHAPTER 13 TRUSTEE 368.38 341330 0-//01'2016 COMPBENEFITS COMPANY 126.00 341331 07101.'2016 COLONIAL. LIFE & ACCIDENT INS CO 21.24 =4133' 07/01;'2016 FI.AYTII.HA)'TH &- LANDAL 125.0(' 3413== 0-101016 ADMIN FOR CHILD SUPPORT ENFORCEMENT 254.79 341.34 07101'2016 .ADMIN FOR CHILD SUPPORT ENFORCEMENT 258.=5 341335 07101210 16 ADMIN FOR CHILD SUPPORT ENFORCEMENT 144.10 341-,6 07101 '2016 ADM1N FOR CHILD SL'PPURI ENf-ORCEMEN 1 180.00 341337 07'01 '2016 ECMC 241.9_ 341338 07'01/2016 F.AMILI' SUPPORT REGISTRY 156.45 341339 07/01 '2016 AMERITAS 25.376.85 341340 07/01_'2016 ENTERPRISE RECOVERY S)'STEMS INC 204.59 341341 07'01'2016 RIVER PARK ASSOCIATES 1.300.00 341342 01 '2016 CREATIVE CHOICE HOMES XVI LTD 679.00 34134; 07'01 '2016 VERO CLUB PARTNERS LTD 816.00 341344 07101 '2016 SL'TIQUEST INC 813.00 341345 07/0],'2016 THE PALMS Al VERO BEACH 489.00 341346 07101/2016 PELICAN ISLES LP 36.00 341 347 07'01,'2016 SUNCOAST REALTY R RENTAL MGMT LLC 365.00 341348 07'01/2016 SONRISE VILLAS LTD 507.00 341349 0-/'01,'-')016 RICHARD L DAVENPORT 442.00 341350 0-11/0V2016 LIVE OAK VILLAS LTD 550.00 341351 07/01'2016 FOUNDATION FOR AFFORDABLE RENTAL 736.00 341352 07/01'2016 GCA PROPERTIES LLC 464.00 341353 07/01,'2016 ORANGE COUNTY HOUSING &, C D 630.41 341354 07'01,'2016 ALL FLORIDA REALTYSERVICES INC 3.074.00 341355 07101;'2016 VERO BEACH EDGEWOOD PLACE LP 801.00 341356 07/01;'2016 GRACES LANDING LTD 8.107.00 341357 071'01'2016 MICHAEL JACKOWSKI 496.00 341358 07!01'2016 PAUL JULIN 416.00 341359 07!01;2016 LINDSEY GARDENS LTD 6.035.00 341360 07'01,'2016 BRYAN D BLAIS 761.00 341361 07/01/2016 RIVER PARK ASSOCIATES 14.762.00 341362 07!01/2016 RICHARD C THERIEN 440.00 341363 07/01,'2016 CREATIVE CHOICE HOMES XVI LTD 9.456.00 341364 07/01,'2016 DAVID YORK 502.00 341365 07'01 i2016 ST FRANCIS MANOR OF VERO BEACH 107.00 341366 07/01/2016 CITY OF VERO BEACH 81.00 341367 07'01 /2016 TREASURE COAST HOMELESS SERVICES 1.785.00 341368 07'0]'2016 FLORIDA POWER AND LIGHT 600 341369 07/01 '2016 VENETIAN APARTMENTS OF VERO BEACH 391.00 341370 07101'2016 HERMOSA PROPERTIES LLC 281.00 34137107'01 '2016 PINNACLE GROVE LTD 6.30= .00 341372 07'01 '2016 VERO CLUB PARTNERS LTD 14.549.00 341373 07!01'2016 DAVID SPARKS 384.00 341374 07/01,2016 INDIAN RIVER COUNT' HOUSING AUTHORITY 182.00 341375 01,101 '2016 INDIAN RIVER COUNTY HOUSING AUTHORITY 188.00 341376 07/U1 '2016 INDIAN RIVER COUNT)' HOUSING AUTHORITY 452.00 341377 07/01'2016 INDIAN RIVER COUNTY HOUSING AUTHORITY 545.00 341378 07'01'2016 CRAIG MERRILL 1.291.00 341379 07/012016 CHRISTINE SALTER 484.00 341380 07%01,'2016 HAGGERTY FAMILY LTD 374.00 34 1381 07/01 '2016 SLINQUEST INC i.=19.00 341382 07/01 '2016 THE PALMS AT VERO BEACH 9.414.00 341383 07'01.'2016 THE PALMS AT VERO BEACH36.00 341384 07/0 1 '2016 FELLSMERE COMM ENRICHMENT PROGRAM INC 96.00 =41385 07'01'2016 DAVID CONDON 628.00 341386 07'01'2016 HILARY MCIVOR 427.00 25 TRANS NBR DATE VENDOR AMOUNT 341387 07/01.'2016 PAULA LANE 451.00 341388 07'01:'2016 JOHN A CAPPELLO 234.00 :4138907/0) '2016 PELICAN ISLES LP �.985.OU 341390 07101 '2016 PELICAN ISLES LP 367.00 341391 07/01'2016 RATE TYSON LYONS 324.00 341,92 07'01 '2016 SLTICOAST REALTY R RENTAL MGM7 LLC 8.738.00 ,41393 07/01 '2016 OAR RIVER PROPERTIES INC 597.00 341394 07/01/2016 SONRISE VILLAS LTD 2.476.00 341395 07,'01'2016 ADINAGOLDMAN 50-.00 3413-,6 07/01 '20 1 a INDIAN RIVER RDA LF 3.155.00 341397 07/012016 MAURICE NN' BROWN, 430.00 341398 07/012016 GEORGE THtlYN'S 682.00 341399 07/01'2016 LAZY J LLC 2.025.00 341400 07/01 '2016 SYLVIA MCNEILL 723.00 341401 071/0].'2016 SKOKIE HOLDINGS INC 750.00 341402 07/01'2016 ROGER W'INSLOW 478.00 341403 07/01!2016 COURTYARD VILLAS OF VERO LLC 1.228.00 341404 07/01'2016 VINCENT PILEGGI 206.00 341405 07/01!2016 OSLO VALLEY PROPERTIES INC 812.00 341406 07!01;'2016 SAID S MOOBARK 799.00 341407 07/01/2016 CORY J HOWELL 85.00 341408 07/01/2016 OSCEOLA COUNTY SECTION 8 623.41 ,41409 07/01!2016 LINDSEY GARDENS II LTD 4904.00 ,41410 07/01'2016 ANTHONY ARROYO 403.00 341411 07/01 /2016 AHS HOLDINGS GROUP LLC 5,332.00 =41412 07/01 '2016 DANIEL CORY MARTIN 739.00 341413 07/01/2016 YVONNE KOUTSOFIOS 440.00 341414 07/0112016 ALAN R TOKAR 650.00 341415 07/01/2016 VILLAS OF VERO BEACH 463.00 341416 07,,01 /2016 BRIAN E GALLAGHER 494.00 341417 07/01/2016 HOUSING AUTHORITY 575.41 341418 07/01'2016 STEPHANIE VvATCHEK FOUNTAIN TRUST 234.00 341419 07/01/2016 MICHAEL STILES 531.00 341420 07/01/2016 RACHEL G SIDMAN 458.00 341421 07!01 /2016 SCOT WILKE 747.00 341422 07'01'2016 MARK BAER 476.00 341423 07/01/2016 GLS FUND VERO LLC 2.084.00 341424 07/01!2016 J R K PALMER ENTERPRISES LLC 213.00 341425 07/01/2016 THEODORE BARTOSIEWICZ 464.00 341426 07/01 '2016 FOUNDATION FOR AFFORDABLE RENTAL 15,264.00 341427 07/01'2016 RICHARD KUSSEROW' 475.00 =41428 07/012016 ARE .JAY INVESTMENTS OF INDIAN RIVER COUNTY I?v 521.00 341429 07/01,22016 SONRISE VILLAS 11 LLC 542.00 341430 07/01'2016 JOHN T STANLEY 795.00 341431 07/01/2016 CSMA SFR HOLDINGS 11 -LLC 1.666.00 341432 07/01/2016 YELLOW KID INC 53 7.00 341433 07/072016 PORT CONSOLIDATED INC 31.315.13 341434 07/07'2016 STURGIS LUMBER & PLYWOOD CO 20.03 341435 07/07,22016 .IORDAN MOWER INC 1.193.42 341436 07!07'2016 RANGER CONSTRUCTION IND INC 1;3,167.14 3414,7 07/07'2016 VERO CHEMICAL DISTRIBUTORS INC 636?5 341438 07/07'2016 ALARM PARTNERS 13-4.70 341439 07/07'2016 CHISHOLM CORP OF VERO 1.012.50 341440 07!07-'2016 KIMLEY HORN K ASSOC INC 2.754.70 ,41441 07'07'2016 V'ELDE FORD INC 709.78 ,41442 07/07'2016 SAFETY PRODUCTS INC 494.84 ,41443 07/07'2016 LINDEN-BEALS CORP 549.81 ,11444 07'07'2016 E -Z BRE\k COFFEE & BOTTLE \CATER SVC 32.94 ,41445 07/07'2()16 kELL� TRACTOR CO 502.02 341446 07/0" "2(il6 GR�YBAR ELECTRIC 81.46 26 TRAINS NBR DATE VENDOR .AMOUNT 341447 07'07'2016 AMERIGAS EAGLE PROPANE LP I-1_5.57 341448 07/07;22016 GAYLORD BROTHERS INC 624.59 341449 07107/2016 HACH CO 1320.73 341450 07/0712016 CLIFF BERRY INC 289.45 ,41451 07/07'2016 ALLIED ELECTRONICS INC 65825 =4145_ 07/01'2016 HD SUPPLY `<>,'ATERWORKS. LTD 4-55339 34145_ 07/07'2016 PETES CONCRETE 3.200.00 ;41454 07/07'2016 R GEORGE k ASSOCIATES INC 878.64 341455 07/0712016 GULF ICE SYSTEMS INC 5.154.28 ,4i456 07%v. 2016 V-ERO INDUSTRIAL S'(')PPI-)' INC 393.61 341457 07/0712016 VERO FURNITURE MART 7.450.00 341458 07/07'2016 EXPRESS REEL GRINDING INC 420.00 341459 07/07'2016 TIRESOLES OF BROWARD INC 5.091.56 341460 07/07/2016 BFS RETAIL OPERATIONS LLC 822.94 341461 07/07'2016 CARTER ASSOCIATES INC 40-517.50 341462 07/07/2016 LAWMENS &- SHOOTERS SUPPLY INC 854-40 341463 07/07/2016 GOODYEAR AUTO SERVICE CENTER 1.43926 341464 071107'2016 BAKER & TAYLOR INC: 3.595.2 9 341465 07/07/2016 BARNEYS PUMP INC 745.00 341466 07/07/2016 MIDWEST TAPE LLC 597.31 341467 07/07/2016 MICROMARKETING LLC 289.71 341468 07/07!2016 K R M ELECTRIC SUPPLY 27.21 341469 07/07!2016 BAKER DISTRIBUTING CO LLC 206.80 341470 07/07/2016 CENGAGE LEARNING CORPORATION 57.50 341471 07/07/2016 PALM TRUCK CENTERS INC 3329.57 341472 07/07/2016 I KRUGER INC 6.627.10 341473 07/07/2016 SUNSHINE SAFETY COUNCIL INC 194.00 341474 07/07/2016 PARKS AND SON INC 3-521.25 341475 07/07/2016 CITY OF VERO BEACH 18.728.44 341476 07/07/2016 INDIAN RIVER ALL FAB INC 121.80 341477 07/07/2016 UNITED PARCEL SERVICE INC 41.50 341478 07/07/2016 LIVINGSTON PAGE 126.00 341479 07/07/2016 JANITORIAL DEPOT OF AMERICA INC 435.81 341480 07/07/2016 ACUSHNET COMPANY 1.350.20 341481 07/0722016 FEDERAL EXPRESS CORP 27.69 ;41482 07/07/2016 TRAFFIC PARTS INC 3.230.00 341483 07/07/2016 JOHN KING )3.00 341484 07/07%2016 FLORIDA Po WE AND LIGHT 7.940.50 )41485 07/07/2016 FLORIDA POWER AND LIGHT 1.523.02 341486 07/07/2016 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 232.76 341487 07/07/2016 FLORIDA BLUE 959.76 341488 07/07'2016 TAYLOR MADE GOLF CO INC 190.58 341489 07/07/2016 US KIDS GOLF LLC 106.40 341490 07/07;2016 BUILDING OFFICIALS ASSOC OF FLORIDA 245.00 341491 07/072016 BE SAFE SECURITY ALARMS INC 192.00 34149"_' 07/07/20116 GERALD A YOUNG SR 75.00 341493 07/0 7'2016 GREW HOUSE PUBLISHING 140.87 ,41494 (17/07'2016 HENR)SMITH 144.00 341495 07/07'2016 NATIONAL ALLIANCE FOR YOUTH SPORTS 240.00 341496 07/07/2016 ALAN C KAUFFMANN 140.00 )4149' 07/07'2016 'WESTSIDE REPROGRAPHICS OF VERO BEACH INC 109.56 341498 07/07'2016 FLORIDA DEPT OF FINANCIAL SERVICES 14343.10 ,41499 07/07-2016 INDIAN RIVER COUNTY BAR ASSOCIATION INC 100.00 )41500 07/07'2016 IN'DIA\' RIVER COUNTY BAR ASSOCIATION INC 100.00 ,4 1501 07/072016 MIC};AEI_ QUIGLEY ;20.00 ,41502 07/07'2016 CEL1CO PARTNERSl41P 120.07 34150= 07/07'2016 CIN'TAS CORPORATION NO 2 2)2.15 341504 07107''2016 JOSEPH 1%' VASQUE.Z 40.00 ;4150` 07/07 "2016 THE CLEARING COMPANY LLC 2.045.00 ,4 1506 07/07'2016 THE SHERWIN' WILLIAMS CO 193.85 27 TRANS NBR DATE VENDOR AMOUNT 341507 07/07:'2016 STOCKER GEORGE & LAURA 40.00 ;41508 07/07'2016 MBV ENGINEERING INC 6.326.30 341509 07/07'2016 CENTRAL PUMP & SUPPLY INC 203.94 341510 07/07'2016 MASTELLER & MOLER INC 14,929.50 =4151 1 07!072016 BETTY BE.ATTY-HUNTER 166.76 ;41512 07'07 '201 b COAST TO COAST BUILDERS OF FLORIDA INC 9.78 7.00 3415,13 07'07'2016 GARYLEMBREY 154.00 341514 07/07,2016 LARRY STEPHENS 108.00 :41515 07'07'2016 FISHER RESEARCH LABS INC 175.00 3 ri51t, KEN, CH-4TAJv 40.()0 =41517 07/072016 1 ST FIRE & SECURITY INC 135.00 541518 07'07'2016 D&S ENTERPRISES OF VERO BCH LLC 24.29 341519 07'07'2016 MUNICIPAL WATER WORKS INC 234.38 341520 07'07;'2016 GLOBALSTAR USA 129.60 3415`1 07/07"2016 CHARLES A WALKER 110.00 341522 07'07'2016 JACE CHANDLER & ASSOCIATES INC 390.00 34152= 07'07,12016 FISHER & PHILLIPS LLP 291.50 341524 07/07;2016 GABRIELROEDER SMITH & CO 13.000.00 341525 07'072016 .ARC OF INDIAN RIVER COUNTY 50.00 341526 07'07/2016 KATHLEEN P DOUGHERTY 150.00 341527 07/07'2016 STERPAL INC 1.935.00 ;41528 07/07/2016 FLUID CONTROL SPECIALTIES INC 170.00 341529 07/07'2016 HOWARD WOODROW & ASSOCIATES INC 10.700.00 341530 07/07/2016 VERA SMITH 90.00 341531 07%07'2016 GARRETT SMITH 144.00 341532 07/07/2016 CHEMETRICS INC 277.47 341533 07/07/2016 YOUR AQUA INSTRUCTOR LLC 280.00 341534 07107/2016 JOSEPH CAT.ALANO 120.00 341535 07/07/2016 OVERDRIVE INC 1.186.88 341536 07/07/2016 LACRYSTAL WOOLFORK 50.00 341537 07/07,'2016 RAYMOND J DUCHEMIN 40.00 341538 07/07/2016 CIT FINANCE LLC 186.21 341539 07/07;'2016 ANTOWAIN PERSON 108.03 341540 07/07;2016 SUN GRAPHIC TECHNOLOGIES INC 615.01 341541 07/07/2016 ALAN JAY CHEVROLET CADILLAC 49,628.50 341542 07/07;'2016 BORRELLI &PARTNERS INC 7.899.98 341543 07/07/2016 HEATHER HATTON 140.00 341544 07!07/2016 LOWES HOME CENTERS INC 533.31 341545 07/07'2016 LABOR READY SOUTHEAST INC 386.88 341546 07107,'2016 ALADTEC INC 299.73 341547 07/07!2016 MACK INDUSTRIES INC 40.766.50 341548 07/07/2016 CARDINAL HEALTH l 10 INC 35.96 341549 07/07'2016 EMILY K DIM.ATTEO 120.00 341550 07'07'2016 ALEX MIKLO 60.00 341551 07/07'2016 BURNETT LIME CO INC 9.639.00 341.552 07/072016 SOUTHWlDE INDUSTRIES INC 361.80 341553 07'07,22016 IMPECCABLE SIGNS INC 252.00 341554 07'07'2016 PENGUIN RANDOM HOUSE LLC 155.25 341555 07/07-22016 STRAIGHT OAK LLC 171.81 341556 07/07'2016 SCADA SOLUTIONS LLC 2.100.00 341557 07/07;2016 STEWART & STEVENSON FDDA LLC 100.28 341558 07/072016 DEBORAH CUEVAS 126.00 341559 07/07.22016 BSN SPOR'T'S INC 1.606.50 341560 07'072016 C14EMTRADE CHEMICALS CORPORTATION 1.849.79 341561 07'072016 WADE WILSON 50.00 ;41562 07'072016 MARKETING SPECIALTIES OF GEORGIA LLC - LC341563 ,4. 156, 07'07'2016 THE LAW OFFICES OF 981.00 341564 07/072016 RONALD NICHELSON 60.00 341565 0-'O7'2016 HAVE"1;IN� I?�C 0')1 7; ,41566 07`07'2016 ENCORE ONE LLC TRANS NBR DATE 341567 07/07'2016 341568 07/0712016 341569 07/07'2016 341570 07/07'2016 341571 07'07/2016 341572 07/07'2016 34157 07/07'2016 341574 07/07'2016 341575 07'07'2'016 341577 341578 34157E 341580 341581 ;4158^ 341583 341584 341585 341586 341587 341588 341589 341590 341591 341592 341593 341594 341595 3415% 34159' 341598 341599 341600 Grand Total: 0,!0/;'2016 07!07'2016 07,/07'2016 07!0712016 07/07/2016 07'07'2016 07/07/2016 07/07'2016 07/07%2016 07/07/2016 07107.2016 07/07%2016 07/07'2016 07,'07'2016 07'07'2016 07/07'2016 07'07/2016 07/07/2016 07/07/2016 07/07/2016 07/07/2016 07/07/2016 07/07/2016 07/07/2016 07/07!2016 VENDOR LONGHORN LANDSCAPING AND SOD LI -C EXTREME ANIMALS JOSEPH DIZONNO GENUINE PARTS COMPANY CATHEDRAL CORPORATION UNIFIRST CORPORATION VCA ANIMAL HOSPITALS INC MARK DEAN RILE)' JR .AMERICAN AIR LIQUIDE HOLDINGS INC SCHUMACHEk Ai:- c,;,jOT IVE DE7 ")'LLC ADVANCE S1 ORES COMPANYINCORPORATED THE GIFFORD FLORIDA YOUTH ORCHESTRA FLORIDA EAST COAST HOLDINGS CORP RUSSELL L OWEN III ICIKULS INC ROCCO CAVALLO ENDRESS & HAUSER INC LBS POWER TECHNOLOGIES INC CARDIAC SCIENCE CORPORATION SOLSKYN PERSONAL CARE LLC SARAH GR -ADOLPH RECYCLE .ACROSS AMERICA DEMETRIA BROWN SHAMIRA ROSS JAIME SNYCERSKI TONY BENDER JENNIFER ADKINS SHELVICK HENRY EDWARD ILLIDGE CHRISTOPHER HOEY JOANNE ANDERSON FOCUS ASSET MANAGEMENT OKLAHOMA SIMMS COLTON PARKER AMOUNT 1.044.00 250.00 60.00 546.93 40.76'/ .13 589.54 536.88 120.00 7.667.40 1.362. l 1 1.336.01 625.00 6.804.00 60.00 1.847.43 100.00 449.66 1.672.00 1.147.55 596.40 300.00 846.00 50.00 50.00 50.00 50.00 125.00 126.00 60.00 31.42 33.60 50.00 54.00 54.00 769,961.77 29 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1009288 07/06-'2016 AT&T 490.98 1009289 0707'2016 EVERGLADES FARM EQUIPMENT CO INC 1.8=9.=2 1009290 07/0722016 COMMUNICATIONS INTERNATIONAL 1.580.11 1009291 07/0 7 "'()16 HENRY SCHEIN INC 773.00 1009292 07/072016 INDIAN RIVER BATTERY 458.30 1009293 07/07,'2016 INDIAN RIVER OXYGEN INC 3 8.5 0 1009294 07/07'2016 DAVIDSON'' TITLES INC 8.342.18 1009295 0%/072016 DA%,ES SPOR-HING 60ODS & TROPHIES 316.00 1009296 07/07/2016 GALLS LLC 787.05 1009297 07/07;'2016 AIR COMPRESSOR WORKS 95 3.3 8 1009298 07/07/2016 ALLIED UNIVERSAL CORP 18.824.05 1009299 07/07,'2016 IRRIGATION CONSULTANTS UNLIMITED INC 271.41 1009300 07/07/2016 THE EXPEDITER 175.77 1009301 07/07.2016 GROVE IATLDERS INC 2.707.01 1009302 07/07/2016 FIRST HOSPITAL LABORATORIES INC 225.75 1009303 07,'072016 COMMUNITY ASPHALT CORP 1.055.64 1009304 07/07,'2016 APPLE MACHINE & SUPPLY CO 176.56 1009305 07/071/2016 FERGUSON ENTERPRISES INC 4.884.11 1009306 07/07/2016 ROGER CLEVELAND GOLF INC 4.291?0 1009307 07/07.'2016 DUNKELBERGER ENGINEERING & TESTING 276.00 1009308 07/07'2016 GLOBAL GOLF SALES INC 110.86 1009309 07/07'2016 COMPLETE ELECTRIC INC 152.00 1009310 07/07/2016 COMPLETE ELECTRIC INC 272.91 1009311 07/07;'2016 MIDWEST MOTOR SUPPLY CO 399.35 1009312 07/07/2016 ECONOLITE CONTROL PRODUCTS INC 15.878.00 1009313 07/07/2016 CAPITAL OFFICE PRODUCTS 865.75 1009314 07/07/2016 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 501.53 1009315 07/07;2016 BENNETT AUTO SUPPLY INC 631.51 1009316 07/07/2016 L&L DISTRIBUTORS 610.79 1009317 07/07/2016 WRIGHT FASTENER COMPANY LLC 186.00 1009318 07/07!2016 JDA SYSTEMS 2.125.00 Grand Total: 70.200.02 30 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 4431 07/01/2016 FL SDU 5.391.00 4432 07/01/2016 BENEFITS WORKSHOP 10.028.64 4433 07/01 /2016 ICMA RETIREMENT CORPORATION 2.525.00 4434 07/01'2016 NACO/SOUTHEAST 30.105.07 4435 07/012016 IRC FIRE FIGHTERS ASSOC 6.900.00 4436 07 /01 22016 NACO'SOUTHEAST 823.86 4437 07/01,,'2016 ICMA RETIREMENT CORPORATION 11.836.98 4438 07/M 20Ib FLORIDA LtAGUE OF CITILS. INC 7.594.99 4439 07/01/2016 C E R SIGNATURE CLEANING 16.010.00 4440 07/01,2016 KIMLEY HORN & ASSOC INC 10.180.00 4441 07/01,'2016 AGENCY FOR HEALTH CARE ADMIN 13.173.89 4442 07/01.'2016 JOSEPH G MILLER 1.000.00 4443 07/05/2016 ELITE TITLE 10.000.00 4444 07/05/2016 IRS -PAYROLL TAXES 411.295.03 4445 07!05/2016 MUTUAL OF OMAHA 6.684.03 4446 07105;'2016 FL RETIREMENT SYSTEM 492.394.03 4447 07106%2016 ALLSTATE 356.62 Grand Total: 1,036,299.14 31 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27"' Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: JULY 14, 2016 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS JULY 8, 2016 to JULY 14, 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 JULY 8, 2016 to JULY 14, 2016. Attachment: FOP 32 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 341601 07/08/2016 JOSEPH A BAIRD 461.97 341602 07/14/2016 UTIL REFUNDS 31.43 341603 07/14/2016 UTIL REFUNDS 35.74 341604 07/14/2016 UTIL REFUNDS 76.12 341605 07/14/2016 UTIL REFUNDS 49.03 341606 07/14/2016 UTIL REFUNDS 44.60 341607 07/14/2016 UTIL REFUNDS 45.45 341608 07/14/2016 UTIL REFUNDS 74.45 341609 07/14/2016 UTIL REFUNDS 46.30 341610 07/14/2016 UTIL REFUNDS 70.42 341611 07/14/2016 UTIL REFUNDS 18.24 341612 07/14/2016 UTIL REFUNDS 90.32 341613 07/14/2016 UTIL REFUNDS 20.40 341614 07/14/2016 UTIL REFUNDS 2.76 341615 07/14/2016 UTIL REFUNDS 42.46 341616 07/14/2016 UTIL REFUNDS 36.62 341617 07/14/2016 UTIL REFUNDS 24.12 341618 07/14/2016 UTIL REFUNDS 10.74 341619 07/14/2016 UTIL REFUNDS 2.97 341620 07/14/2016 UTIL REFUNDS 52.93 341621 07/14/2016 UTIL REFUNDS 21.99 341622 07/14/2016 UTIL REFUNDS 20.00 341623 07/14/2016 UTIL REFUNDS 36.65 341624 07/14/2016 UTIL REFUNDS 53.48 341625 07/14/2016 UTIL REFUNDS 37.25 341626 07/14/2016 UTIL REFUNDS 73.10 341627 07/14/2016 UTIL REFUNDS 67.60 341628 07/14/2016 UTIL REFUNDS 135.64 341629 07/14/2016 UTIL REFUNDS 86.60 341630 07/14/2016 UTIL REFUNDS 41.77 341631 07/14/2016 UTIL REFUNDS 71.61 341632 07/14/2016 UTIL REFUNDS 81.99 341633 07/14/2016 UTIL REFUNDS 78.02 341634 07/14/2016 UTIL REFUNDS 34.10 341635 07/14/2016 UTIL REFUNDS 27.73 341636 07/14/2016 UTIL REFUNDS 2.73 341637 07/14/2016 UTIL REFUNDS 81.99 341638 07/14/2016 UTIL REFUNDS 45.35 341639 07/14/2016 UTIL REFUNDS 21.05 341640 07/14/2016 UTIL REFUNDS 64.28 341641 07/14/2016 UTIL, REFUNDS 26.27 341642 07/14/2016 UTIL REFUNDS 51.90 341643 07/14/2016 UTIL REFUNDS 50.51 341644 07/14/2016 UTIL REFUNDS 46.16 341645 07/14/2016 UTIL REFUNDS 61.34 341646 07/14/2016 UTIL REFUNDS 59.69 341647 07/14/2016 UTIL REFUNDS 6.67 341648 07/14/2016 UTIL REFUNDS 82.77 341649 07/14/2016 UTIL REFUNDS 84.07 341650 07/14/2016 UTIL REFUNDS 41.56 341651 07/14/2016 UTIL REFUNDS 36.57 341652 07/14/2016 UTIL REFUNDS 47.42 341653 07/14/2016 UTIL REFUNDS 10.23 341654 07/14/2016 UTIL REFUNDS 69.18 341655 07/14/2016 UTIL REFUNDS 74.54 341656 07/14/2016 UTIL REFUNDS 19.24 341657 07/14/2016 UTIL REFUNDS 69.02 341658 07/14/2016 UTIL REFUNDS 39.47 M, TRANS NBR DATE VENDOR AMOUNT 341659 07/14/2016 UTIL REFUNDS 86.22 341660 07/14/2016 UTIL REFUNDS 44.34 341661 07/14/2016 UTIL REFUNDS 270.55 341662 07/14/2016 UTIL REFUNDS 59.53 341663 07/14/2016 UTIL REFUNDS 77.07 341664 07/14/2016 UTIL REFUNDS 56.38 341665 07/14/2016 UTIL REFUNDS 82.88 341666 07/14/2016 UTIL REFUNDS 67.73 341667 07/14/2016 UTIL REFUNDS 2,181.17 341668 07/14/2016 UTIL REFUNDS 27.25 341669 07/14/2016 UTIL REFUNDS 22.71 341670 07/14/2016 UTIL REFUNDS 111.02 341671 07/14/2016 UTIL REFUNDS 46.44 341672 07/14/2016 UTIL REFUNDS 24.23 341673 07/14/2016 UTIL REFUNDS 54.51 341674 07/14/2016 UTIL REFUNDS 63.74 341675 07/14/2016 UTIL REFUNDS 47.60 341676 07/14/2016 UTIL REFUNDS 38.20 341677 07/14/2016 UTIL REFUNDS 34.49 341678 07/14/2016 UTIL REFUNDS 36.76 341679 07/14/2016 UTIL REFUNDS 25.70 341680 07/14/2016 UTIL REFUNDS 50.00 341681 07/14/2016 UTIL REFUNDS 133.51 341682 07/14/2016 UTIL REFUNDS 13.38 341683 07/14/2016 UTIL REFUNDS 13.62 341684 07/14/2016 UTIL REFUNDS 77.69 341685 07/14/2016 UTIL REFUNDS 82.28 341686 07/14/2016 UTIL REFUNDS 59.69 341687 07/14/2016 UTIL REFUNDS 91.74 341688 07/14/2016 UTIL REFUNDS 7.11 341689 07/14/2016 UTIL REFUNDS 54.66 341690 07/14/2016 UTIL REFUNDS 38.90 341691 07/14/2016 UTIL REFUNDS 67.48 341692 07/14/2016 UTIL REFUNDS 30.22 341693 07/14/2016 UTIL REFUNDS 85.53 341694 07/14/2016 UTIL REFUNDS 28.03 341695 07/14/2016 UTIL REFUNDS 27.80 341696 07/14/2016 UTIL REFUNDS 14.31 341697 07/14/2016 UTIL REFUNDS 87.20 341698 07/14/2016 UTIL REFUNDS 46.44 341699 07/14/2016 UTIL REFUNDS 39.19 341700 07/14/2016 UTIL REFUNDS 83.85 341701 07/14/2016 UTIL REFUNDS 62.15 341702 07/14/2016 UTIL REFUNDS 15.82 341703 07/14/2016 UTIL REFUNDS 80.69 341704 07/14/2016 UTIL REFUNDS 10.60 341705 07/14/2016 UTIL REFUNDS 1.73 341706 07/14/2016 UTIL REFUNDS 90.95 341707 07/14/2016 UTIL REFUNDS 66.74 341708 07/14/2016 UTIL REFUNDS 14.46 341709 07/14/2016 UTIL REFUNDS 242.39 341710 07/14/2016 UTIL REFUNDS 46.22 341711 07/14/2016 UTIL REFUNDS 14.17 341712 07/14/2016 UTIL REFUNDS 54.44 341713 07/14/2016 UTIL REFUNDS 37.52 341714 07/14/2016 UTIL REFUNDS 82.44 341715 07/14/2016 UTIL REFUNDS 13.75 341716 07/14/2016 UTIL REFUNDS 21.62 341717 07/14/2016 UTIL REFUNDS 18.46 341718 07/14/2016 UTIL REFUNDS 31.16 34 TRANS NBR DATE VENDOR AMOUNT 341719 07/14/2016 UTIL REFUNDS 90.16 341720 07/14/2016 UTIL REFUNDS 8.19 341721 07/14/2016 UTIL REFUNDS 75.38 341722 07/14/2016 UTIL REFUNDS 90.95 341723 07/14/2016 UTIL REFUNDS 51.40 341724 07/14/2016 UTIL REFUNDS 43.15 341725 07/14/2016 UTIL REFUNDS 94.53 341726 07/14/2016 UTIL REFUNDS 2.53 341727 07/14/2016 UTIL REFUNDS 28.70 341728 07/14/2016 UTIL REFUNDS 86.53 341729 07/14/2016 UTIL REFUNDS 68.22 341730 07/14/2016 UTIL REFUNDS 9.10 341731 07/14/2016 UTIL REFUNDS 58.08 341732 07/14/2016 UTIL REFUNDS 48.28 341733 07/14/2016 UTIL REFUNDS 84.80 341734 07/14/2016 UTIL REFUNDS 45.35 341735 07/14/2016 UTIL REFUNDS 37.87 341736 07/14/2016 UTIL REFUNDS 78.48 341737 07/14/2016 UTIL REFUNDS 80.86 341738 07/14/2016 UTIL REFUNDS 81.48 341739 07/14/2016 UTIL REFUNDS 45.54 341740 07/14/2016 UTIL REFUNDS 69.08 341741 07/14/2016 UTIL REFUNDS 79.15 341742 07/14/2016 UTIL REFUNDS 86.22 341743 07/14/2016 CLEMENTS PEST CONTROL 100.00 341744 07/14/2016 PORT CONSOLIDATED INC 31,463.17 341745 07/14/2016 STURGIS LUMBER & PLYWOOD CO 6.87 341746 07/14/2016 JORDAN MOWER INC 388.72 341747 07/14/2016 JORDAN MOWER INC 291.51 341748 07/14/2016 TEN -8 FIRE EQUIPMENT INC 1,944.06 341749 07/14/2016 RANGER CONSTRUCTION IND INC 312.12 341750 07/14/2016 VERO CHEMICAL DISTRIBUTORS INC 686.80 341751 07/14/2016 PERERS ENTERPRISES INC 387.55 341752 07/14/2016 MUNICIPAL EQUIPMENT LLC 19,998.00 341753 07/14/2016 RICOH USA INC 58.80 341754 07/14/2016 CHISHOLM CORP OF VERO 6,150.50 341755 07/14/2016 VELDE FORD INC 2,748.99 341756 07/14/2016 SAFETY PRODUCTS INC 766.90 341757 07/14/2016 SAFETY PRODUCTS INC 2,343.77 341758 07/14/2016 STEWART MATERIALS INC 469.40 341759 07/14/2016 AT&T WIRELESS 2,616.60 341760 07/14/2016 DATA FLOW SYSTEMS INC 2,310.31 341761 07/14/2016 PARALEE COMPANY INC 500.00 341762 07/14/2016 E -Z BREW COFFEE & BOTTLE WATER SVC 46.48 341763 07/14/2016 KELLY TRACTOR CO 388.88 341764 07/14/2016 MCMASTER CARR SUPPLY CO 146.78 341765 07/14/2016 MY RECEPTIONIST INC 358.08 341766 07/14/2016 GAYLORD BROTHERS INC 106.12 341767 07/14/2016 HACH CO 596.27 341768 07/14/2016 MASTELLER MOLER & TAYLOR INC 19,177.20 341769 07/14/2016 SWE INC 325.00 341770 07/14/2016 KSM ENGINEERING & TESTING INC 564.00 341771 07/14/2016 HD SUPPLY WATERWORKS, LTD 7,253.40 341772 07/14/2016 VERO INDUSTRIAL SUPPLY INC 8.43 341773 07/14/2016 EXPRESS REEL GRINDING INC 700.00 341774 07/14/2016 TIRESOLES OF BROWARD INC 340.20 341775 07/14/2016 BARTH CONSTRUCTION INC 20,762.34 341776 07/14/2016 CHILDCARE RESOURCES OF IRC INC 19,323.88 341777 07/14/2016 GOODYEAR AUTO SERVICE CENTER 2,246.80 341778 07/14/2016 ASPHALT RECYCLING INC 87,567.80 35 TRANS NBR DATE VENDOR AMOUNT 341779 07/14/2016 BAKER & TAYLOR INC 563.04 341780 07/14/2016 BARNEYS PUMP INC 520.00 341781 07/14/2016 MIDWEST TAPE LLC 385.24 341782 07/14/2016 NORTHERN SAFETY CO INC 77.24 341783 07/14/2016 MWI CORP 5,444.90 341784 07/14/2016 K & M ELECTRIC SUPPLY 97.96 341785 07/14/2016 BAKER DISTRIBUTING CO LLC 871.40 341786 07/14/2016 ATKINS NORTH AMERICA INC 13,491.00 341787 07/14/2016 NEWSBANK INC 1,773.20 341788 07/14/2016 CENGAGE LEARNING CORPORATION 398.84 341789 07/14/2016 SOFTWARE HARDWARE INTEGRATION 7,495.20 341790 07/14/2016 COMMUNITY ASPHALT CORP 86,146.66 341791 07/14/2016 SUNSHINE REHABILATION CENTER OF IRC INC 195.00 341792 07/14/2016 RIVER PARK ASSOCIATES 96.00 341793 07/14/2016 CLERK OF CIRCUIT COURT 54.40 341794 07/14/2016 CLERK OF CIRCUIT COURT 808.27 341795 07/14/2016 CITY OF VERO BEACH 71,569.85 341796 07/14/2016 CITY OF VERO BEACH 3,745.00 341797 07/14/2016 CHAPTER 13 TRUSTEE 368.38 341798 07/14/2016 INDIAN RIVER ALL FAB INC 267.47 341799 07/14/2016 UNITED PARCEL SERVICE INC 97.30 341800 07/14/2016 PETTY CASH 25.44 341801 07/14/2016 FLORIDA GOVERNMENT FINANCE 35.00 341802 07/14/2016 FLORIDA GOVERNMENT FINANCE 72.00 341803 07/14/2016 JANITORIAL DEPOT OF AMERICA INC 57.00 341804 07/14/2016 PUBLIX SUPERMARKETS 53.00 341805 07/14/2016 ACUSHNET COMPANY 1,641.27 341806 07/14/2016 INTERNATIONAL GOLF MAINTENANCE INC 3,722.98 341807 07/14/2016 CULTURAL COUNCIL OF IRC 3,246.30 341808 07/14/2016 AQUAGENIX 695.50 341809 07/14/2016 GEOSYNTEC CONSULTANTS INC 2,052.72 341810 07/14/2016 FEDERAL EXPRESS CORP 30.24 341811 07/14/2016 DON LAWLESS 40.00 341812 07/14/2016 TIMOTHY ROSE CONTRACTING INC 9,329.00 341813 07/14/2016 FLORIDA POWER AND LIGHT 3,046.92 341814 07/14/2016 FLORIDA POWER AND LIGHT 1,697.12 341815 07/14/2016 HOLIDAY INN 198.00 341816 07/14/2016 PUBLIC DEFENDER 3,561.42 341817 07/14/2016 PHILLIP J MATSON 111.34 341818 07/14/2016 TAYLOR MADE GOLF CO INC 269.47 341819 07/14/2016 BRE-CLEARWATER OWNER LLC 198.00 341820 07/14/2016 BRE-CLEARWATER OWNER LLC 198.00 341821 07/14/2016 BRE-CLEARWATER OWNER LLC 89.00 341822 07/14/2016 CITY OF FELLSMERE 355.03 341823 07/14/2016 CATHOLIC CHARITIES DIOCESE OF PALM BCH 2,747.74 341824 07/14/2016 JASON E BROWN 240.58 341825 07/14/2016 TERRY SOUTHARD 79.00 341826 07/14/2016 ALAN C KAUFFMANN 120.00 341827 07/14/2016 INSIGHT PUBLIC SECTOR 1,605.00 341828 07/14/2016 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 18.48 341829 07/14/2016 CHILDRENS HOME SOCIETY OF FL 1,250.00 341830 07/14/2016 DONADIO AND ASSOCIATES ARCHITECTS 9,526.31 341831 07/14/2016 PINNACLE GROVE LTD 1,606.00 341832 07/14/2016 HAYTH,HAYTH & LANDAU 125.00 341833 07/14/2016 JAMES FAULK 153.74 341834 07/14/2016 MICHAEL K VERNON 68.00 341835 07/14/2016 RUSSELL PAYNE INC 289.80 341836 07/14/2016 TRANE US INC 112,909.16 341837 07/14/2016 CELICO PARTNERSHIP 1,981.54 341838 07/14/2016 BOYLE & DRAKE INC 2,500.00 36 TRANS NBR DATE VENDOR AMOUNT 341839 07/14/2016 HIMANSHU MEHTA 40.00 341840 07/14/2016 VAN WAL INC 1,287.79 341841 07/14/2016 LATRINA DARRISAW 50.00 341842 07/14/2016 FASTENAL COMPANY 62.85 341843 07/14/2016 M T CAUSLEY INC 20,825.00 341844 07/14/2016 CENTRAL PUMP & SUPPLY INC 207.50 341845 07/14/2016 ADMIN FOR CHILD SUPPORT ENFORCEMENT 254.79 341846 07/14/2016 ADMIN FOR CHILD SUPPORT ENFORCEMENT 258.25 341847 07/14/2016 ADMIN FOR CHILD SUPPORT ENFORCEMENT 144.10 341848 07/14/2016 ADMIN FOR CHILD SUPPORT ENFORCEMENT 180.00 341849 07/14/2016 DONALD SMITH 50.00 341850 07/14/2016 GARY L EMBREY 54.00 341851 07/14/2016 ARDAMAN & ASSOCIATES INC 1,895.00 341852 07/14/2016 KEN CHATAM 40.00 341853 07/14/2016 DIVERSIFIED INSPECTIONS 2,673.90 341854 07/14/2016 PETER OBRYAN 137.97 341855 07/14/2016 FAMILY ROOTS PUBLISHING CO LLC 1,372.56 341856 07/14/2016 MUNICIPAL WATER WORKS INC 103,138.79 341857 07/14/2016 SAINT EDWARDS SCHOOL INC 2,670.00 341858 07/14/2016 MOORE MEDICAL LLC 1,419.13 341859 07/14/2016 DUPERON CORPORATION 213.14 341860 07/14/2016 FISHER & PHILLIPS LLP 1,579.50 341861 07/14/2016 INDIAN RIVER RDA LP 21.00 341862 07/14/2016 CEMEX 2,052.00 341863 07/14/2016 SPENCER PORTEOUS 61.44 341864 07/14/2016 PENA, MARIO 50.00 341865 07/14/2016 KATHLEEN P DOUGHERTY 60.00 341866 07/14/2016 WILLIAM RICE 1,430.14 341867 07/14/2016 MICHELLE VAN KEULEN 75.00 341868 07/14/2016 K'S COMMERCIAL CLEANING 1,873.89 341869 07/14/2016 TRITEL INC 99.00 341870 07/14/2016 TERESA PULIDO 360.00 341871 07/14/2016 SOUTHEAST POWER SYSTEMS OF ORLANDO 195.00 341872 07/14/2016 CHAMPION TURF FARMS 1,800.00 341873 07/14/2016 MCALHANY CONSTRUCTION CO INC 9,500.00 341874 07/14/2016 HELPING ANIMALS LIVE -OVERCOME 31.00 341875 07/14/2016 CIVILSURV DESIGN GROUP INC 180.00 341876 07/14/2016 AUTO CLUB SOUTH INSURANCE COMPANY 1,805.41 341877 07/14/2016 INEOS NEW PLANET BIOENERGY LLC 145.42 341878 07/14/2016 WOERNER DEVELOPMENT INC 406.00 341879 07/14/2016 MICHAEL STILES 4,100.00 341880 07/14/2016 KEMPER BUSINESS SYSTEMS 25.00 341881 07/14/2016 ECMC 247.13 341882 07/14/2016 ROYALTY AIR LLC 200.00 341883 07/14/2016 FLORIDA COAST EQUIPMENT INC 2,255.11 341884 07/14/2016 OVERDRIVE INC 924.84 341885 07/14/2016 SOUTHEASTERN SECURITY CONSULTANTS INC 222.00 341886 07/14/2016 HEATHER HATTON 460.00 341887 07/14/2016 MOORE MOTORS 207.80 341888 07/14/2016 LINDA GRAHAM 210.00 341889 07/14/2016 TIM ZORC 89.00 341890 07/14/2016 VINCENT BURKE 2,204.00 341891 07/14/2016 LOWES HOME CENTERS INC 1,379.01 341892 07/14/2016 LABOR READY SOUTHEAST INC 510.80 341893 07/14/2016 CARDINAL HEALTH l 10 INC 76.34 341894 07/14/2016 PPG ARCHITECTURAL FINISHES INC 62.50 341895 07/14/2016 EMILY K DIMATTEO 80.00 341896 07/14/2016 STEVEN G HANSEN 90.00 341897 07/14/2016 BURNETT LIME CO INC 3,224.20 341898 07/14/2016 COMMERCIAL BUILDING MAINTENANCE 1,590.00 37 TRANS NBR DATE VENDOR AMOUNT 341899 07/14/2016 PENGUIN RANDOM HOUSE LLC 42.75 341900 07/14/2016 KANSAS STATE BANK OF MANHATTAN 1,167.37 341901 07/14/2016 C E R SIGNATURE CLEANING 1,700.00 341902 07/14/2016 ALEXIS PERALTA 20.48 341903 07/14/2016 DYLAN REINGOLD 928.37 341904 07/14/2016 KATE P COTNER 138.00 341905 07/14/2016 SAMBA HOLDINGS INC 1,300.72 341906 07/14/2016 TIAH CASHER 50.00 341907 07/14/2016 FAMILY SUPPORT REGISTRY 156.45 341908 07/14/2016 ROBERT GARST 1,322.58 341909 07/14/2016 CARA COBB 20.00 341910 07/14/2016 TRINOVA -FLORIDA INC 3,436.13 341911 07/14/2016 THE LAW OFFICES OF 456.00 341912 07/14/2016 ZJH HOLDING LLC 23.63 341913 07/14/2016 STS MAINTAIN SERVICES INC 1,450.00 341914 07/14/2016 EAST COAST VETERINARY SERVICES LLC 120.00 341915 07/14/2016 ARROW INTERNATIONAL 1,210.17 341916 07/14/2016 FOUNDATION FOR AFFORDABLE RENTAL 465.00 341917 07/14/2016 JOHNATHON KNOWLES 561.00 341918 07/14/2016 RELIANT FIRE SYSTEMS INC 550.00 341919 07/14/2016 MICHAEL EDWARD HAMILTON 900.00 341920 07/14/2016 SYLIVIA MILLER 2,079.00 341921 07/14/2016 HAWKINS INC 725.00 341922 07/14/2016 THE TRANSIT GROUP INC 12,672.62 341923 07/14/2016 ANFIELD CONSULTING GROUP INC 10,000.00 341924 07/14/2016 MARIELA MCSOLEY 270.00 341925 07/14/2016 LONGHORN LANDSCAPING AND SOD LLC 3,078.00 341926 07/14/2016 KENDRA COPE 8.90 341927 07/14/2016 GENUINE PARTS COMPANY 741.85 341928 07/14/2016 TRIBOND LLC 8,167.44 341929 07/14/2016 RED THE UNIFORM TAILOR 2,276.10 341930 07/14/2016 CAREFREE RANCH 750.00 341931 07/14/2016 JENNIFER E PROPER 105.00 341932 07/14/2016 ENTERPRISE RECOVERY SYSTEMS INC 226.30 341933 07/14/2016 CATHEDRAL CORPORATION 2,994.23 341934 07/14/2016 GERELCO TRAFFIC CONTROLS INC 2,976.14 341935 07/14/2016 JONNA BRINKLEY 50.00 341936 07/14/2016 UNIFIRST CORPORATION 2,543.38 341937 07/14/2016 SERVICE LIGHTING & ELECTRICAL SUPPLIES INC 66.78 341938 07/14/2016 STEARNS, CONRAD AND SCHMIDT 1,750.00 341939 07/14/2016 VCA ANIMAL HOSPITALS INC 178.05 341940 07/14/2016 SITEONE LANDSCAPE SUPPLY LLC 212.00 341941 07/14/2016 DEBORAH A NOVACK 150.00 341942 07/14/2016 ADVANCE STORES COMPANY INCORPORATED 1,698.35 341943 07/14/2016 GUARDIAN ALARM OF FLORIDA LLC 198.00 341944 07/14/2016 NORTH AMERICAN OFFICE SOLUTIONS INC 25.00 341945 07/14/2016 WURTH USA INC 158.94 341946 07/14/2016 FLORIDA EAST COAST HOLDINGS CORP 186,720.64 341947 07/14/2016 HENRY AYALA 6.80 341948 07/14/2016 O F MOSSBERG & SONS INC 4,638.00 341949 07/14/2016 HARN R/O SYSTEMS INC 39,934.80 341950 07/14/2016 EASTERN PIPELINE CONSTRUCTION INC 1,125.00 341951 07/14/2016 SARAH GRADOLPH 250.00 341952 07/14/2016 SRS SERVICES LLC 4,999.95 341953 07/14/2016 FOCUSED TECHNOLOGY LLC 9,699.00 341954 07/14/2016 WORLD INSTITUTE OF LIGHTING & 541.02 341955 07/14/2016 JESANN WILLIS 105.00 341956 07/14/2016 ALYSSA HICKSON 75.00 341957 07/14/2016 CRYSTAL JAMES 50.00 341958 07/14/2016 ASHLEY PHILLIPS 50.00 38 TRANS NBR DATE VENDOR AMOUNT 341959 07/14/2016 ALEXA DELISLE 50.00 341960 07/14/2016 EVELYN C WRIGHT 500.00 341961 07/14/2016 EDUCATION FOUNDATION OF INDIAN RIVER COUNTY 2,826.54 341962 07/14/2016 RICHARD T YOUNG 100.00 341963 07/14/2016 OHIO STATE UNIVERSITY 651.06 341964 07/14/2016 PHYLLIS A CADORETTE 523.60 341965 07/14/2016 BECKY HAMILTON 50.00 341966 07/14/2016 HEAVEN LEWIS 50.00 341967 07/14/2016 WALKING TREE BREWERY LLC 4,031.37 341968 07/14/2016 TODD E SMITH PE INC 2,000.00 341969 07/14/2016 FRANCES VAN GELDER 25.20 341970 07/14/2016 JOHN SMITH 50.16 Grand Total: 1,110,034.45 W ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1009319 07/08/2016 AT&T 32.26 1009320 07/08/2016 OFFICE DEPOT BSD CUSTOMER SVC 306.50 1009321 07/08/2016 WASTE MANAGEMENT INC 3,819.43 1009322 07/08/2016 COMCAST 104.80 1009323 07/08/2016 COMCAST 14.95 1009324 07/08/2016 POLYDYNE INC 2,507.00 1009325 07/08/2016 BRIDGESTONE GOLF INC 179.62 1009326 07/08/2016 EVERGLADES FARM EQUIPMENT CO INC 953.95 1009327 07/08/2016 COMMUNICATIONS INTERNATIONAL 6,959.10 1009328 07/08/2016 COLD AIR DISTRIBUTORS WAREHOUSE 1,117.84 1009329 07/08/2016 INDIAN RIVER BATTERY 1,381.20 1009330 07/08/2016 INDIAN RIVER OXYGEN INC 4,391.15 1009331 07/11/2016 PARKS RENTAL& SALES INC 338.21 1009332 07/11/2016 NORTH SOUTH SUPPLY INC 167.63 1009333 07/11/2016 COLD AIR DISTRIBUTORS WAREHOUSE 248.36 1009334 07/11/2016 INDIAN RIVER OXYGEN INC 96.00 1009335 07/11/2016 DAVIDSON TITLES INC 11,698.84 1009336 07/11/2016 MIKES GARAGE & WRECKER SERVICE INC 820.00 1009337 07/11/2016 DAVES SPORTING GOODS & TROPHIES 1,642.60 1009338 07/11/2016 APPLE INDUSTRIAL SUPPLY CO 4.32 1009339 07/11/2016 GALLS LLC 176.99 1009340 07/11/2016 MEEKS PLUMBING INC 4,200.00 1009341 07/11/2016 ABCO GARAGE DOOR CO INC 105.00 1009342 07/11/2016 ALLIED UNIVERSAL CORP 5,106.63 1009343 07/11/2016 IRRIGATION CONSULTANTS UNLIMITED INC 20.83 1009344 07/11/2016 GROVE WELDERS INC 409.59 1009345 07/11/2016 APPLE MACHINE & SUPPLY CO 114.30 1009346 07/11/2016 FERGUSON ENTERPRISES INC 205.80 1009347 07/11/2016 ROGER CLEVELAND GOLF INC 11.70 1009348 07/11/2016 TOTAL TRUCK PARTS INC 224.44 1009349 07/11/2016 PRIDE ENTERPRISES 2,415.00 1009350 07/11/2016 BARKER ELECTRIC, AIR CONDITIONING 170.00 1009351 07/11/2016 SHRIEVE CHEMICAL CO 2,944.12 1009352 07/11/2016 MIDWEST MOTOR SUPPLY CO 150.00 1009353 07/11/2016 ECONOLITE CONTROL PRODUCTS INC 524.00 1009354 07/11/2016 FLAGLER CONSTRUCTION EQUIPMENT LLC 1,733.50 1009355 07/11/2016 CAPITAL OFFICE PRODUCTS 707.60 1009356 07/11/2016 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 318.80 1009357 07/11/2016 BENNETT AUTO SUPPLY INC 1,341.14 1009358 07/11/2016 AUTO PARTNERS LLC 399.91 1009359 07/11/2016 L&L DISTRIBUTORS 726.67 1009360 07/11/2016 HYDRA SERVICE (S) INC 14,014.28 1009361 07/11/2016 PACE ANALYTICAL SERVICES INC 4,523.00 1009362 07/11/2016 XYLEM WATER SOLUTION USA INC 480.00 1009363 07/11/2016 TIGHT LINE PRODUCTIONS INC 1,814.00 1009364 07/11/2016 SCRIPPS NP OPERATING LLC 1,904.60 1009365 07/11/2016 FILTRATION GROUP CORPORATION 64.08 1009366 07/11/2016 NEXAIR LLC 1,183.29 1009367 07/12/2016 SCRIPPS NP OPERATING LLC 1,308.47 Grand Total: 84,081.50 40 ELECTRONIC PAYMENTS - N IRE & ACH TRANS NBR DATE 4448 07/08'3016 4449 07/08"2016 P -CARD 07/08'3016 4450 07'11'2016 4451 07 12'3016 141 0" 14'2016 445= 07'14'2016 Grand Total: VENDOR IRS -PAYROLL TAMES KIMLEY HORN &- ASSOC INC FELLS FARGO BAND. N.A. AMERICAN FAMILY LIFE ASSURANCE CC) INDIAN RIVER COUNTY PROPERTY APPRAISER PIERCE t,4ANUFACT', R1NG INC 1 R C HEALTH INSURANCE - TRUST AMOUNT 1.199.42 11.68_.40 2. -n, 40 8_� 19.94 34'-7100 49S.S4_.00 47 7.814.,4 1.066.175.59 41 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 271' Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: July 21, 2016 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS July 15, 2016 to July 21, 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 July 15, 2016 to July 21, 2016. Attachment: 42 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 341971 07/15/2016 IRC CHAMBER OF COMMERCE 26,430.01 341972 07/21/2016 UTIL REFUNDS 31.77 341973 07/21/2016 UTIL REFUNDS 148.92 341974 07/21/2016 UTIL REFUNDS 73.10 341975 07/21/2016 UTIL REFUNDS 36.97 341976 07/21/2016 UTIL REFUNDS 25.93 341977 07/21/2016 UTIL REFUNDS 51.27 341978 07/21/2016 UTIL REFUNDS 229.97 341979 07/21/2016 UTIL REFUNDS 72.69 341980 07/21/2016 UTIL REFUNDS 86.70 341981 07/21/2016 UTIL REFUNDS 73.90 341982 07/21/2016 UTIL REFUNDS 68.83 341983 07/21/2016 UTIL REFUNDS 66.41 341984 07/21/2016 UTIL REFUNDS 69.02 341985 07/21/2016 UTIL REFUNDS 24.15 341986 07/21/2016 UTIL REFUNDS 33.50 341987 07/21/2016 UTIL REFUNDS 101.58 341988 07/21/2016 UTIL REFUNDS 62.86 341989 07/21/2016 UTIL REFUNDS 69.80 341990 07/21/2016 UTIL REFUNDS 66.64 341991 07/21/2016 UTIL REFUNDS 69.08 341992 07/21/2016 UTIL REFUNDS 61.44 341993 07/21/2016 UTIL REFUNDS 30.51 341994 07/21/2016 UTIL REFUNDS 65.39 341995 07/21/2016 UTIL REFUNDS 38.07 341996 07/21/2016 UTIL REFUNDS 1.71 341997 07/21/2016 UTIL REFUNDS 23.70 341998 07/21/2016 UTIL REFUNDS 50.31 341999 07/21/2016 UTIL REFUNDS 63.09 342000 07/21/2016 UTIL REFUNDS 61.03 342001 07/21/2016 UTIL REFUNDS 43.87 342002 07/21/2016 UTIL REFUNDS 179.14 342003 07/21/2016 UTIL REFUNDS 37.56 342004 07/21/2016 UTIL REFUNDS 64.39 342005 07/21/2016 UTIL REFUNDS 40.68 342006 07/21/2016 UTIL REFUNDS 36.98 342007 07/21/2016 UTIL REFUNDS 42.05 342008 07/21/2016 UTIL REFUNDS 15.34 342009 07/21/2016 UTIL REFUNDS 29.02 342010 07/21/2016 UTIL REFUNDS 55.91 342011 07/21/2016 UTIL REFUNDS 67.35 342012 07/21/2016 UTIL REFUNDS 79.11 342013 07/21/2016 UTIL REFUNDS 80.86 342014 07/21/2016 UTIL REFUNDS 31.84 342015 07/21/2016 UTIL REFUNDS 73.90 342016 07/21/2016 UTIL REFUNDS 50.32 342017 07/21/2016 UTIL REFUNDS 10.67 342018 07/21/2016 UTIL REFUNDS 29.37 342019 07/21/2016 UTIL REFUNDS 39.32 342020 07/21/2016 UTIL REFUNDS 28.97 342021 07/21/2016 UTIL REFUNDS 17.22 342022 07/21/2016 UTIL REFUNDS 37.66 342023 07/21/2016 UTIL REFUNDS 150.29 342024 07/21/2016 UTIL REFUNDS 30.51 342025 07/21/2016 UTIL REFUNDS 37.39 342026 07/21/2016 UTIL REFUNDS 333.76 342027 07/21/2016 UTIL REFUNDS 55.91 342028 07/21/2016 UTIL REFUNDS 1.56 43 TRANS NBR DATE VENDOR AMOUNT 342029 07/21/2016 UTIL REFUNDS 30.57 342030 07/21/2016 UTIL REFUNDS 70.60 342031 07/21/2016 UTIL REFUNDS 32.69 342032 07/21/2016 UTIL REFUNDS 21.00 342033 07/21/2016 UTIL REFUNDS 39.30 342034 07/21/2016 UTIL REFUNDS 222.19 342035 07/21/2016 UTIL REFUNDS 84.00 342036 07/21/2016 UTIL REFUNDS 8.25 342037 07/21/2016 UTIL REFUNDS 13.29 342038 07/21/2016 UTIL REFUNDS 32.39 342039 07/21/2016 UTIL REFUNDS 41.52 342040 07/21/2016 UTIL REFUNDS 38.63 342041 07/21/2016 UTIL REFUNDS 45.41 342042 07/21/2016 UTIL REFUNDS 92.98 342043 07/21/2016 UTIL REFUNDS 8.46 342044 07/21/2016 UTIL REFUNDS 55.07 342045 07/21/2016 UTIL REFUNDS 4.44 342046 07/21/2016 UTIL REFUNDS 75.96 342047 07/21/2016 UTIL REFUNDS 75.79 342048 07/21/2016 UTIL REFUNDS 44.92 342049 07/21/2016 UTIL REFUNDS 33.96 342050 07/21/2016 UTIL REFUNDS 13.14 342051 07/21/2016 UTIL REFUNDS 13.86 342052 07/21/2016 UTIL REFUNDS 77.79 342053 07/21/2016 UTIL REFUNDS 33.87 342054 07/21/2016 UTIL REFUNDS 68.17 342055 07/21/2016 UTIL REFUNDS 39.58 342056 07/21/2016 UTIL REFUNDS 53.02 342057 07/21/2016 UTIL REFUNDS 78.48 342058 07/21/2016 UTIL REFUNDS 61.42 342059 07/21/2016 UTIL REFUNDS 50.50 342060 07/21/2016 UTIL REFUNDS 28.90 342061 07/21/2016 UTIL REFUNDS 92.53 342062 07/21/2016 UTIL REFUNDS 58.18 342063 07/21/2016 UTIL REFUNDS 42.52 342064 07/21/2016 UTIL REFUNDS 4.11 342065 07/21/2016 UTIL REFUNDS 26.67 342066 07/21/2016 UTIL REFUNDS 68.38 342067 07/21/2016 UTIL REFUNDS 404.48 342068 07/21/2016 UTIL REFUNDS 82.38 342069 07/21/2016 UTIL REFUNDS 27.45 342070 07/21/2016 UTIL REFUNDS 64.28 342071 07/21/2016 UTIL REFUNDS 75.16 342072 07/21/2016 UTIL REFUNDS 21.78 342073 07/21/2016 UTIL REFUNDS 35.47 342074 07/21/2016 UTIL REFUNDS 80.69 342075 07/21/2016 UTIL REFUNDS 71.15 342076 07/21/2016 UTIL REFUNDS 78.47 342077 07/21/2016 UTIL REFUNDS 59.07 342078 07/21/2016 UTIL REFUNDS 74.38 342079 07/21/2016 UTIL REFUNDS 13.86 342080 07/21/2016 UTIL REFUNDS 31.19 342081 07/21/2016 UTIL REFUNDS 17.76 342082 07/21/2016 UTIL REFUNDS 49.08 342083 07/21/2016 UTIL REFUNDS 85.85 342084 07/21/2016 UTIL REFUNDS 54.27 342085 07/21/2016 UTIL REFUNDS 45.44 342086 07/21/2016 UTIL REFUNDS 74.54 342087 07/21/2016 UTIL REFUNDS 59.07 342088 07/21/2016 UTIL REFUNDS 3.84 44 TRANS NBR DATE VENDOR AMOUNT 342089 07/21/2016 UTIL REFUNDS 38.63 342090 07/21/2016 UTIL REFUNDS 24.90 342091 07/21/2016 UTIL REFUNDS 36.57 342092 07/21/2016 UTIL REFUNDS 45.10 342093 07/21/2016 UTIL REFUNDS 75.32 342094 07/21/2016 UTIL REFUNDS 2.38 342095 07/21/2016 UTIL REFUNDS 73.78 342096 07/21/2016 UTIL REFUNDS 147.40 342097 07/21/2016 UTIL REFUNDS 53.20 342098 07/21/2016 UTIL REFUNDS 32.45 342099 07/21/2016 UTIL REFUNDS 35.90 342100 07/21/2016 UTIL REFUNDS 69.02 342101 07/21/2016 UTIL REFUNDS 54.97 342102 07/21/2016 UTIL REFUNDS 14.03 342103 07/21/2016 UTIL REFUNDS 13.74 342104 07/21/2016 UTIL REFUNDS 68.38 342105 07/21/2016 UTIL REFUNDS 8.63 342106 07/21/2016 UTIL REFUNDS 72.96 342107 07/21/2016 UTIL REFUNDS 66.58 342108 07/21/2016 PORT CONSOLIDATED INC 32,996.86 342109 07/21/2016 JORDAN MOWER INC 11.90 342110 07/21/2016 VERO CHEMICAL DISTRIBUTORS INC 148.60 342111 07/21/2016 RICOH USA INC 112.54 342112 07/21/2016 RICOH USA INC 1,170.00 342113 07/21/2016 AT&T WIRELESS 2,061.31 342114 07/21/2016 DATA FLOW SYSTEMS INC 719.08 342115 07/21/2016 DELTA SUPPLY CO 118.80 342116 07/21/2016 SAFETY KLEEN SYSTEMS INC 323.31 342117 07/21/2016 VERO MARINE CENTER INC 5,700.00 342118 07/21/2016 GRAYBAR ELECTRIC 668.12 342119 07/21/2016 REPUBLIC SERVICES INC 253,666.52 342120 07/21/2016 AMERIGAS EAGLE PROPANE LP 144.00 342121 07/21/2016 AMERIGAS EAGLE PROPANE LP 144.00 342122 07/21/2016 AMERIGAS EAGLE PROPANE LP 718.31 342123 07/21/2016 GAYLORD BROTHERS INC 39.86 342124 07/21/2016 HACH CO 1,079.85 342125 07/21/2016 CLIFF BERRY INC 169.75 342126 07/21/2016 PHYSIO CONTROL INC 984.53 342127 07/21/2016 KSM ENGINEERING & TESTING INC 1,000.00 342128 07/21/2016 HD SUPPLY WATERWORKS, LTD 411.38 342129 07/21/2016 VERO INDUSTRIAL SUPPLY INC 69.34 342130 07/21/2016 EXPRESS REEL GRINDING INC 3,500.00 342131 07/21/2016 CALL ONE INC 458.00 342132 07/21/2016 DELL MARKETING LP 20,365.58 342133 07/21/2016 GOODYEAR AUTO SERVICE CENTER 1,400.64 342134 07/21/2016 BLAKESLEE SERVICES INC 760.00 342135 07/21/2016 BAKER & TAYLOR INC 4,559.29 342136 07/21/2016 MIDWEST TAPE LLC 902.94 342137 07/21/2016 PRECISION CONTRACTING SERVICES INC 7,768.60 342138 07/21/2016 MICROMARKETING LLC 320.88 342139 07/21/2016 BAKER DISTRIBUTING CO LLC 772.85 342140 07/21/2016 CENGAGE LEARNING CORPORATION 1,025.17 342141 07/21/2016 PALM TRUCK CENTERS INC 1,051.01 342142 07/21/2016 CLERK OF CIRCUIT COURT 66.02 342143 07/21/2016 CLERK OF CIRCUIT COURT 209.97 342144 07/21/2016 CLERK OF CIRCUIT COURT 1,528.65 342145 07/21/2016 INDIAN RIVER COUNTY HEALTH DEPT 16,984.14 342146 07/21/2016 ROGER J NICOSIA 80.00 342147 07/21/2016 CITY OF VERO BEACH 13,340.47 342148 07/21/2016 CITY OF VERO BEACH 568.84 45 TRANS NBR DATE VENDOR AMOUNT 342149 07/21/2016 UNITED PARCEL SERVICE INC 10.49 342150 07/21/2016 FLORIDA DEPARTMENT OF BUSINESS AND 12,343.98 342151 07/21/2016 FLORIDA GOVERNMENT FINANCE 105.00 342152 07/21/2016 LIVINGSTON PAGE 162.00 342153 07/21/2016 JANITORIAL DEPOT OF AMERICA INC 301.02 342154 07/21/2016 FLORIDA FISH & WILDLIFE 4,884.63 342155 07/21/2016 TREASURE COAST HOMELESS SERVICES 3,817.50 342156 07/21/2016 HENRY FISCHER & SONS INC 435.00 342157 07/21/2016 PUBLIX SUPERMARKETS 74.70 342158 07/21/2016 UNIVERSITY OF FLORIDA 300.00 342159 07/21/2016 MARRIOTT FT LAUDERDALE NORTH 258.00 342160 07/21/2016 MARRIOTT FT LAUDERDALE NORTH 258.00 342161 07/21/2016 EXCHANGE CLUB CASTLE 2,610.30 342162 07/21/2016 EXCHANGE CLUB CASTLE 2,912.98 342163 07/21/2016 IRC CHAMBER OF COMMERCE 752.71 342164 07/21/2016 WEST PUBLISHING CORPORATION 377.00 342165 07/21/2016 FEDERAL EXPRESS CORP 5.86 342166 07/21/2016 FEDERAL EXPRESS CORP 458.55 342167 07/21/2016 DON LAWLESS 60.00 342168 07/21/2016 TRAFFIC PARTS INC 598.00 342169 07/21/2016 FLORIDA RECREATION & PARK ASSOC INC 360.00 342170 07/21/2016 FLORIDA POWER AND LIGHT 55,535.79 342171 07/21/2016 ROLAND DEBLOIS 175.07 342172 07/21/2016 TAYLOR MADE GOLF CO INC 833.36 342173 07/21/2016 NEW HORIZONS OF THE TREASURE COAST 23,461.75 342174 07/21/2016 SUNSHINE STATE ONE CALL OF FL INC 1,067.30 342175 07/21/2016 LANGUAGE LINE SERVICES INC 98.90 342176 07/21/2016 MEDICARE PART B FINANCIAL SERVICES 344.38 342177 07/21/2016 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 639.00 342178 07/21/2016 SASAN ROHANI 375.00 342179 07/21/2016 B & H FOTO & ELECTRONICS CORP 823.44 342180 07/21/2016 TREASURE COAST SPORTS COMMISSION INC 5,000.00 342181 07/21/2016 SUNSHINE LAND DESIGN 289,135.48 342182 07/21/2016 IRC HEALTHY START COALITION INC 500.00 342183 07/21/2016 IRC HEALTHY START COALITION INC 2,500.00 342184 07/21/2016 CHANNING BETE CO INC 110.00 342185 07/21/2016 BE SAFE SECURITY ALARMS INC 239.70 342186 07/21/2016 GERALD A YOUNG SR 180.00 342187 07/21/2016 HENRY SMITH 198.00 342188 07/21/2016 KURT STEFFEN 45.00 342189 07/21/2016 EMBASSY SUITES HOTEL 447.00 342190 07/21/2016 EMBASSY SUITES HOTEL 447.00 342191 07/21/2016 PITNEY BOWES INC 201.00 342192 07/21/2016 ALAN C KAUFFMANN 200.00 342193 07/21/2016 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 2.64 342194 07/21/2016 CHILDRENS HOME SOCIETY OF FL 850.05 342195 07/21/2016 KEEP INDIAN RIVER BEAUTIFUL INC 1,505.62 342196 07/21/2016 INTERNATIONAL CODE COUNCIL INC 137.00 342197 07/21/2016 PINNACLE GROVE LTD 500.00 342198 07/21/2016 LELCO FB TALLAHASSEE LLL 261.00 342199 07/21/2016 SIMPLEXGRINNELL LP 958.13 342200 07/21/2016 CAROLINA SOFTWARE INC 500.00 342201 07/21/2016 STAN BOLING 415.00 342202 07/21/2016 ST LUCIE COUNTY BOCC 112,108.50 342203 07/21/2016 PERKINS COMPOUNDING PHARMACY 90.00 342204 07/21/2016 US DEPT OF THE TREASURY -FMS 7,560.80 342205 07/21/2016 MICHAEL QUIGLEY 140.00 342206 07/21/2016 CELICO PARTNERSHIP 260.50 342207 07/21/2016 ANIXTER INC 27.60 342208 07/21/2016 FLORIDA DEPT OF JUVENILE JUSTICE 26,398.56 46 TRANS NBR DATE VENDOR AMOUNT 342209 07/21/2016 VAN WAL INC 1,248.00 342210 07/21/2016 BEST DRAINFIELD & SEPTIC SERVICE 3,200.00 342211 07/21/2016 JOSEPH W VASQUEZ 110.00 342212 07/21/2016 BIG BROTHERS AND BIG SISTERS 1,250.00 342213 07/21/2016 BIG BROTHERS AND BIG SISTERS 1,829.68 342214 07/21/2016 FLORIDA RURAL LEGAL SERVICES INC 2,453.47 342215 07/21/2016 FRANK BLAKE 400.00 342216 07/21/2016 NEW WORLD SYSTEMS CORPORATION 24,768.00 342217 07/21/2016 OCLC ONLINE COMPUTER LIBRARY CENTER 414.85 342218 07/21/2016 CENTRAL PUMP & SUPPLY INC 134.66 342219 07/21/2016 MASTELLER & MOLER INC 186.50 342220 07/21/2016 SADDLEBROOK RESORT 258.00 342221 07/21/2016 ETR LLC 756,000.00 342222 07/21/2016 STAPLES CONTRACT & COMMERCIAL INC 364.95 342223 07/21/2016 LARRY STEPHENS 162.00 342224 07/21/2016 KEN CHATAM 120.00 342225 07/21/2016 PETER OBRYAN 44.09 342226 07/21/2016 PAK MAIL 112,14 342227 07/21/2016 MIDWAY ESTATES CO-OP INC 385.00 342228 07/21/2016 JOHNNY B SMITH 100.00 342229 07/21/2016 MUNICIPAL WATER WORKS INC 5,807.49 342230 07/21/2016 MOORE MEDICAL LLC 856.42 342231 07/21/2016 MENTAL HEALTH ASSOCIATION IRC INC 5,341.64 342232 07/21/2016 CHARLES A WALKER 120.00 342233 07/21/2016 REDLANDS CHRISTIAN MIGRANT ASSOC 954.13 342234 07/21/2016 CHARLENE BRENNAN 125.00 342235 07/21/2016 KATHLEEN P DOUGHERTY 40.00 342236 07/21/2016 MARINCO BIOASSAY LABORATORY INC 2,600.00 342237 07/21/2016 YOUTH GUIDANCE DONATION FUND 1,250.00 342238 07/21/2016 NICOLACE MARKETING INC 2,053.75 342239 07/21/2016 GARRETT SMITH 108.00 342240 07/21/2016 GEB COMPUTER TRAINING LTD 2,695.50 342241 07/21/2016 HIGHERGROUND INC 65,006.00 342242 07/21/2016 YOUR AQUA INSTRUCTOR LLC 210.00 342243 07/21/2016 MURPHY & WALKER P L 11,581.40 342244 07/21/2016 JOSEPH CATALANO 60.00 342245 07/21/2016 FLORIDA ENVIRONMENTAL CONSULTING INC 4,900.00 342246 07/21/2016 RAYMOND J DUCHEMIN 80.00 342247 07/21/2016 HEATHER HATTON 410.00 342248 07/21/2016 REPROGRAPHIC SOLUTIONS INC 16.38 342249 07/21/2016 LOWES HOME CENTERS INC 832.71 342250 07/21/2016 LABOR READY SOUTHEAST INC 483.60 342251 07/21/2016 EMILY K DIMATTEO 170.00 342252 07/21/2016 ALEX MIKLO 60.00 342253 07/21/2016 BURNETT LIME CO INC 6,437.20 342254 07/21/2016 STRAIGHT OAK LLC 408.80 342255 07/21/2016 CALDWELL PACETTI EDWARDS 900.00 342256 07/21/2016 ROBERT DOERR UPHOLSTERY 625.00 342257 07/21/2016 STEWART & STEVENSON FDDA LLC 855.00 342258 07/21/2016 C E R SIGNATURE CLEANING 850.00 342259 07/21/2016 DEBORAH CUEVAS 126.00 342260 07/21/2016 KATE P COTNER 575.00 342261 07/21/2016 WADE WILSON 160.00 342262 07/21/2016 BRUCE SABOL 100.00 342263 07/21/2016 RDW QUALITY BUILDERS LLC 206.00 342264 07/21/2016 SCOTT CARSON 117.60 342265 07/21/2016 BERNARD EGAN & COMPANY 534,553.18 342266 07/21/2016 BRYAN CAVE LLP 12,817.15 342267 07/21/2016 ARROW INTERNATIONAL 303.99 342268 07/21/2016 RONALD NICHELSON 60.00 47 TRANS NBR DATE VENDOR AMOUNT 342269 07/21/2016 SWARCO INDUSTRIES INC 30,530.00 342270 07/21/2016 GIVING KIDZACHANCE INC 1,666.00 342271 07/21/2016 GIVING KIDZ A CHANCE INC 1,000.00 342272 07/21/2016 SHOWER TOWER INC 1,867.12 342273 07/21/2016 FLORITURF SOD INC 117.00 342274 07/21/2016 SUN AQUATICS LLC 360.00 342275 07/21/2016 JOSEPH DIZONNO 60.00 342276 07/21/2016 GENUINE PARTS COMPANY 302.51 342277 07/21/2016 BERGER SINGERMAN LLP 275.00 342278 07/21/2016 RED THE UNIFORM TAILOR 318.60 342279 07/21/2016 UNIFIRST CORPORATION 630.88 342280 07/21/2016 STEARNS, CONRAD AND SCHMIDT 5,738.48 342281 07/21/2016 WILSON SPORTING GOODS CO 683.41 342282 07/21/2016 AMERICAN AIR LIQUIDE HOLDINGS INC 3,917.55 342283 07/21/2016 SCHUMACHER AUTOMOTIVE DELRAY LLC 390.73 342284 07/21/2016 SITEONE LANDSCAPE SUPPLY LLC 397.05 342285 07/21/2016 GOTTA GO GREEN ENTERPISES INC 81.68 342286 07/21/2016 ADVANCE STORES COMPANY INCORPORATED 233.80 342287 07/21/2016 ADVANCE STORES COMPANY INCORPORATED 887.64 342288 07/21/2016 KIMBERLY GRAHAM 202.92 342289 07/21/2016 GUARDIAN ALARM OF FLORIDA LLC 75.00 342290 07/21/2016 EGP DOCUMENT SOLUTIONS LLC 1,604.99 342291 07/21/2016 CROSSOVER MISSION 7,521.68 342292 07/21/2016 NORTH AMERICAN OFFICE SOLUTIONS INC 146.82 342293 07/21/2016 RUSSELL L OWEN 111 60.00 342294 07/21/2016 ROCCO CAVALLO 60.00 342295 07/21/2016 INDUSTRIAL SAFETY LLC 1,229.33 342296 07/21/2016 NWI RECYCLING INC 4,277.00 342297 07/21/2016 SARAH GRADOLPH 350.00 342298 07/21/2016 SAVAS BEATIE LLC 560.00 342299 07/21/2016 NICHOLAS OLSON 60.00 342300 07/21/2016 AC VETERINARY SPECIALTY SERVICES 96.38 342301 07/21/2016 INDUSTRIAL LAUNDRY SERVICES LLC 169.50 342302 07/21/2016 DECA INTERNATIONAL CORP 556.51 342303 07/21/2016 EDWARD ILLIDGE 60.00 342304 07/21/2016 OKLAHOMA SIMMS 54.00 342305 07/21/2016 COLTON PARKER 108.00 342306 07/21/2016 KIM SOSTA 50.00 342307 07/21/2016 DREAKA RAGLAND 50.00 342308 07/21/2016 REBECCA CARSWELL 90.00 342309 07/21/2016 KENNY BAKOS 53.50 342310 07/21/2016 KELCEE FLEEKS 50.00 342311 07/21/2016 ASHLEY GREGOIRE 50.00 342312 07/21/2016 CIKLIN LUBITZ & O'CONNELL 1,000.00 342313 07/21/2016 JARED THORNTON 70.00 342314 07/21/2016 JOHN W WALLEN 87.86 342315 07/21/2016 MARIO RUBIERA 166.92 342316 07/21/2016 LESLIE N MUNROE 273.52 Grand Total: 2,504,784.50 48 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1009368 07/15/2016 EVERGLADES FARM EQUIPMENT CO INC 781.54 1009369 07/15/2016 COMMUNICATIONS INTERNATIONAL 169.25 1009370 07/15/2016 INDIAN RIVER BATTERY 420.00 1009371 07/15/2016 APPLE INDUSTRIAL SUPPLY CO 418.71 1009372 07/15/2016 GALLS LLC 106.75 1009373 07/15/2016 ABCO GARAGE DOOR CO INC 390.50 1009374 07/15/2016 GLOBAL GOLF SALES INC 292.84 1009375 07/15/2016 CAPITAL OFFICE PRODUCTS 1,153.55 1009376 07/15/2016 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 106.30 1009377 07/15/2016 BENNETT AUTO SUPPLY INC 316.43 1009378 07/15/2016 L&L DISTRIBUTORS 829.10 1009379 07/15/2016 IMAGENET CONSULTING LLC 91.35 1009380 07/19/2016 AT&T 11,569.06 1009381 07/19/2016 OFFICE DEPOT BSD CUSTOMER SVC 1,001.90 1009382 07/19/2016 WASTE MANAGEMENT INC 2,938.43 1009383 07/19/2016 ROBINSON EQUIPMENT COMPANY INC 173,12 1009384 07/19/2016 COPYCOINC 137.93 1009385 07/19/2016 HENRY SCHEIN INC 264.00 1009386 07/19/2016 NORTH SOUTH SUPPLY INC 50.71 1009387 07/19/2016 HELENA CHEMICAL 761.00 1009388 07/19/2016 INDIAN RIVER OXYGEN INC 42.45 1009389 07/19/2016 DEMCOINC 358.29 1009390 07/19/2016 DAVIDSON TITLES INC 7,567.68 1009391 07/19/2016 MIKES GARAGE & WRECKER SERVICE INC 130.00 1009392 07/19/2016 TEAM EQUIPMENT INC 294.00 1009393 07/19/2016 SMITH BROTHERS CONTRACTING EQUIP 123.49 1009394 07/19/2016 WATER SAFETY PRODUCTS INC 2,822.50 1009395 07/19/2016 GALLS LLC 663.75 1009396 07/19/2016 MEEKS PLUMBING INC 319.00 1009397 07/19/2016 ALLIED UNIVERSAL CORP 5,113.77 1009398 07/19/2016 NEWMANS POWER SYSTEMS 393.94 1009399 07/19/2016 RECORDED BOOKS LLC 303.95 1009400 07/19/2016 SOUTHERN COMPUTER WAREHOUSE 3,370.55 1009401 07/19/2016 FIRST HOSPITAL LABORATORIES INC 483.75 1009402 07/19/2016 NEC CORPORATION OF AMERICA 5,184.24 1009403 07/19/2016 DEERE & COMPANY 285.31 1009404 07/19/2016 THYSSENKRUPP ELEVATOR 345.00 1009405 07/19/2016 FERGUSON ENTERPRISES INC 13,599.28 1009406 07/19/2016 COMO OIL COMPANY OF FLORIDA 501.00 1009407 07/19/2016 PERKINS INDIAN RIVER PHARMACY 0.00 1009408 07/19/2016 COMPLETE ELECTRIC INC 3,150.00 1009409 07/19/2016 ECONOLITE CONTROL PRODUCTS INC 1,035.00 1009410 07/19/2016 RECHTIEN INTERNATIONAL TRUCKS 672.84 1009411 07/19/2016 SOUTHERN JANITOR SUPPLY INC 5,402.16 1009412 07/19/2016 CAPITAL OFFICE PRODUCTS 103.84 1009413 07/19/2016 HARCROS CHEMICALS, INC. 5,924.50 1009414 07/19/2016 METRO FIRE PROTECTION SERVICES INC 89.90 1009415 07/19/2016 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 928.48 1009416 07/19/2016 SIMS CRANE & EQUIPMENT CO 1,134.20 1009417 07/19/2016 BENNETT AUTO SUPPLY INC 78.59 1009418 07/19/2016 L&L DISTRIBUTORS 644.79 1009419 07/19/2016 STAT MEDICAL DISPOSAL INC 195.00 1009420 07/19/2016 HYDRA SERVICE (S) INC 17,345.00 1009421 07/19/2016 RADWELL INTERNATIONAL INC 168.62 1009422 07/19/2016 PACE ANALYTICAL SERVICES INC 6,647.00 1009423 07/19/2016 SCRIPPS NP OPERATING LLC 894.02 1009424 07/19/2016 ALLIED DIVERSIFIED OF VERO BEACH LLC 45.00 1009425 07/19/2016 NEXAIR LLC 12,25 49 TRANS. NBR DATE VENDOR AMOUNT 1009426 07/19/2016 NEXAIR LLC 894.24 1009427 07/21/2016 NORTH SOUTH SUPPLY INC 52.93 1009428 07/21/2016 COLD AIR DISTRIBUTORS WAREHOUSE 9.78 1009429 07/21/2016 INDIAN RIVER BATTERY 592.45 1009430 07/21/2016 DEMCO INC 14.11 1009431 07/21/2016 DAVIDSON TITLES INC 3,064.44 1009432 07/21/2016 MIKES GARAGE & WRECKER SERVICE INC 960.00 1009433 07/21/2016 APPLE INDUSTRIAL SUPPLY CO 26.08 1009434 07/21/2016 MEEKS PLUMBING INC 552.50 1009435 07/21/2016 IRRIGATION CONSULTANTS UNLIMITED INC 7.52 1009436 07/21/2016 RECORDED BOOKS LLC 99.00 1009437 07/21/2016 SOUTHERN COMPUTER WAREHOUSE 10,372.56 1009438 07/21/2016 FIRST HOSPITAL LABORATORIES INC 64.50 1009439 07/21/2016 FERGUSON ENTERPRISES INC 2,449.95 1009440 07/21/2016 PRIDE ENTERPRISES 100.69 1009441 07/21/2016 STRYKER SALES CORP 1,196.52 1009442 07/21/2016 MIDWEST MOTOR SUPPLY CO 783.67 1009443 07/21/2016 ECONOLITE CONTROL PRODUCTS INC 524.00 1009444 07/21/2016 RECHTIEN INTERNATIONAL TRUCKS 1,718.58 1009445 07/21/2016 SOUTHERN JANITOR SUPPLY INC 110.50 1009446 07/21/2016 FLORIDA TRANSCOR INC 614.22 1009447 07/21/2016 CAPITAL OFFICE PRODUCTS 700.10 1009448 07/21/2016 METRO FIRE PROTECTION SERVICES INC 2,890.61 1009449 07/21/2016 BENNETT AUTO SUPPLY INC 368.24 1009450 07/21/2016 AUTO PARTNERS LLC 362.57 1009451 07/21/2016 CUSTOM PRODUCTS CORPORATION 3,398.74 1009452 07/21/2016 HYDRA SERVICE (S) INC 1,320.94 1009453 07/21/2016 WRIGHT FASTENER COMPANY LLC 236.00 1009454 07/21/2016 PACE ANALYTICAL SERVICES INC 144.00 1009455 07/21/2016 SCRIPPS NP OPERATING LLC 548.38 1009456 07/21/2016 NEXAIR LLC 31.68 Grand Total: 142,555.11 50 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 4454 07/15/2016 NACO/SOUTHEAST 25,103.42 4455 07/15/2016 TEAMSTERS LOCAL UNION #769 5,578.00 4456 07/15/2016 FLORIDA LEAGUE OF CITIES, INC 7,594.99 4457 07/15/2016 FL SDU 5,145.94 4458 07/15/2016 WAGEWORKS INC 230.34 4459 07/15/2016 IRC FIRE FIGHTERS ASSOC 6,870.00 4460 07/15/2016 ICMA RETIREMENT CORPORATION 12,008.14 4461 07/15/2016 ICMA RETIREMENT CORPORATION 2,525.00 4462 07/15/2016 NACO/SOUTHEAST 866.65 4463 07/15/2016 BENEFITS WORKSHOP 4,517.24 4464 07/15/2016 HEALTH ADVOCATE 1,151.70 4465 07/15/2016 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 34,865.10 4466 07/15/2016 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 16,396.02 4467 07/15/2016 MUTUAL OF OMAHA 16,182.06 4468 07/15/2016 WRIGHT EXPRESS FSC 19,418.59 4469 07/15/2016 INDIAN RIVER COUNTY SHERIFF 525.00 4470 07/15/2016 SCHOOL DISTRICT OF I R COUNTY 128,620.00 4471 07/18/2016 IRS -PAYROLL TAXES 452,563.08 4472 07/18/2016 IRS -PAYROLL TAXES 13,678.97 4473 07/20/2016 SENIOR RESOURCE ASSOCIATION 497,525.45 4474 07/20/2016 1 R C HEALTH INSURANCE - TRUST 65,316.32 4475 07/21/2016 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 11,188.80 4476 07/21/2016 MUTUAL OF OMAHA 1,550.00 4477 07/21/2016 HEALTH ADVOCATE 369.60 4478 07/21/2016 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 5,261.76 4479 07/21/2016 WAGEWORKS INC 73.92 4480 07/21/2016 I R C HEALTH INSURANCE - TRUST 65,316.32 Grand Total: 1,400,442.41 51 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 276 Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: JULY 28, 2016 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS JULY 22, 2016 to JULY 28, 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 JULY 22, 2016 to JULY 28, 2016. Attachment: 52 CHECKS 'vN,-RITTEN TRANS NBR DATE VENDOR AMOUNT ,42317 07'28'2016 UTIL REFUNDS 40.82 18 6-28,2016 UTIL REFtN-DS -- 34231 0-'28'2016 UT1L REFUNDS ,4^_320 0„-8'2016 CTIL REFtNDS 34.38 0%'28'20 i b t'TIL REFI''�DS 5f .91 ,4 2 0-'8'20 i 6 UTIL REFI '\-Dc- \-Dc42:23 4 2 (1 S'2016 UTILREFU'.DS 7..4. ,42324 07 28 2016 L TiL KEFP DS ,4232: 07'28 2016 UTIL REFUNDS,6'.88 342326 07'28'20 UTIL REFt-NDS 162.8; =4232707 UTIL REFUNDS 39.58 ,42328 07!28'20 i 6 UTIL REFUNDS 342329 0T28'2016 UTIL REFUNDS 40 342330 07%28'2016 UTIL REFUNDS 1 24 5.4 342331 07'28'2016 UTIL REFUNDS 37.44 342332 0728 '2016 UTIL REFUNDS 32.67 3423 33 07.'282016 UTIL REFUNDS ,.78 3423,4 07,"8'2016 UTIL REFUNDS 81.64 342335 07'28-2016 UTIL REFUNDS 109.01 342336 07'28'2016 UTIL REFUNDS 82.4; 342337 0;'28'2016 UTIL REFUNDS 3326 342338 0-/,'28'2016 UTIL REFUNDS 33.41 342339 0 7!28'2016 UTIL REFUNDS 52.56 342340 07128'2016 UTIL REFUNDS 17 . 29 342341 07!28'2016 UTIL REFUNDS 75.16 342342 07'28'2016 UTIL REFUNDS 31.16 342343 07,' 82016 UTIL REFUNDS 1_.61 342344 01'28.'2016 UTIL REFUNDS 65.07 342345 07!28'2016 UTIL REFUNDS 62.86 342346 07/28'2016 UTIL REFt7NDS 74.45 342347 07'28'2016 UTIL REFUNDS S. 342348 07,'28-'2016 UTIL REFUNDS 2.38 342349 07'28x'2016 UTIL REFUNDS 79.27 342350 07'28%2016 UTIL REFUNDS 51.18 342351 07;282016 UTIL REFUNDS 78.32 342352 07%28'2016 UTIL REFUNDS 169.02 342353 07/28'2016 ITTIL REFUNDS 65.74 342354 07!282016 UTIL REFUNDS 26.41 34_'355 071128'2016 UTIL REFUNDS 66.48 342356 07/28'2016 UTIL REFUNDS 87.48 342357 07%282016 UTIL REFUNDS 64.28 342358 07'28'2016 UTIL REFUNDS 34.48 342359 0T28'2016 UTIL REFUNDS 4] 36 342360 07'28'2016 UTIL REFUNDS 50.39 342361 07/28/2016 UTIL REFUNDS 29.45 342362 07'28'2016 UTIL REFUNDS 55?8 342363 0//282016 UTIL REFUNDS 6996 342364 07128-'2016 UTIL REFUNDS 83.5, 342365 07/282016 UTIL REFUNDS 47 43 342366 07'28'2016 UTIL REFUNTDS 2.99 342367 07/^_8'2016 UTIL REFtTN' 81.64 ,42368 07'28'2016 UTIL REFUNDS 36.43 342369 07'28.'2016 UTIL REFUNDS 41.10 =42_70 0728'2016 UTIL REFUNDS 43.97 ,42371 07,'28'2016 UTIL REFUNDS 41 61 342372 07''_8'2016 UTIL REFUNDS 43.41 342373 07'28'2016 tiTIL REFLFNDS 30.38 342.74 07.'28'2016 DTII_ REFUNDS 64.53 53 TRANS NBR DATE VENDOR AMOUNT 342375 07 28,2016 UTIL REFLTNDS 38.48 34 6 0" '28-'3016 UTIL REFUNDS 32.08 342377 07282016 UTIL REFLT'DS 40.47, 34'7'8 0,"8`0 6S UTIL REFUNDS x. cl 342 8'2016 UTIL REFt-N'DS 30.12 34280 07'28'20i6 UTILREFI`NDS _42,8' 0-"8'2016 UTIL REFUNDS =4.44 342382 07'28'2056 UTIL REF' NDS 342383 07'282016 UTIL REFUNDS 4630 0 ; '2i '20 i 6 UTIL REFIT DS -'8.3' -'28'2016 UTIL REFUNDS 40.62 ;4'_'=86 07'28'2016 UTILREFt7NDS 44.5' 34238- 07 '28'2016 UTIL REFU\DS 43.74 342388 0'282016 UTIL REFUNDS 22.72 342389 07 '28'2016 UTIL REFUNDS 96.47 342390 07.'_'8'2016 UTIL REFUNDS 219.02 342391 07'28'2016 UTIL REFUN' DS 46.02 343392 07'28'2016 UTIL REFUNDS 33.85 34_39= 07'28,'2016 PAUL CARONE 4,533.00 342394 07'28'3016 LINDSEY GARDENS LT'D 772.00 342395 07'28'2016 TREASURE COAST HOMELESS SERVICES 30.478.57 342396 07.'28'2016 PINNACLE GROVE LTD 901.00 342397 07'28,'2016 VERO CLUB PARTNERS LTD 1.756.00 342398 07'28'2016 DAVID SPARKS 388.00 342;99 07'28!2016 THE PALMS AT VERO BEACH 1397.00 34'400 07'28'2016 ED SCHLITT LC 560.00 342401 07/38;2016 JOHN OLI,'IERA 698.00 342402 07'28'2016 ROBERT L SAMMONS 764.00 34240_ 07'28:'2016 ARTHUR PRUETT 409.00 342404 07'28'3016 JOSEPH LOZADA 512.00 342405 07'28/2016 MICHAEL JAHOLKOu'SKI 547.00 342406 07.'28,'2016 LUCY B HENDRICKS 573.00 342407 07'28'2016 ANDRE DORAWA 650.00 342408 07'28/2016 SYLVESTER MC INTOSH 365.00 342409 07;2812016 PAULA WHIDDON 553.00 342410 07.'282016 COURTYARD VILLAS OF VERO LLC 560.00 34241 i 07'28%2016 JAMES \>,' DAMS 334.00 342412 07/28/2016 NITA EZELL 459.00 342413 07!28/2016 LINDSEY GARDENS 11 LTD 596.00 342414 07'28/2016 MISS INC OF THE TREASURE COAST 2?46.00 342415 07.'28,"2016 DANIEL CORY MARTIN 2.116.00 342416 07228!3016 CRAIG LOPES 392.00 =4241" 07'28'2016 PAULA ROGERS ASSOCIATES INC 650.00 342418 07'28'2016 FIVE STAR PROPERTY HOLDING LLC 847.00 342419 07'28%2016 MARK BAER 12.454.00 342420 0-1-282016 ROBERT J GORMAN 424.00 342421 07'38''016 JUAN CRAVES 700.00 =4-'422 07'28'2016 REID REALTY 506.00 342423 07'38'2016 MELISSA CAMARATA 641.00 342424 07,'38.'2016 JOHNATHON KNOWLES 722.00 34342; 07'28'2016 AUGUSTUS B FORT JR 581.00 342426 07'28'2016 H& -H SHADOWBROOK LLC 559.00 34242 % 07'28'2016 HUMAYLTSHAREEF 667.00 342428 07'28'2016 NKW-CL LLC 2.211.00 342429 07.'28'2016 VERO BEACH PLACE LLC 3.436.00 342430 07'28'2016 HONG YU CHEN 3.436.00 342431 07'38'2016 GNS REAL ESTATE HOLDINGS LLC 1.607.00 342432 07.'28'2016 COALITION FOR AT"TAINABLE HOMES INC 587.00 34243= 07'28'2016 HELPING HANDS REAL ESTATE & INVESTMENT CO 1 214.00 3424,4 072813016 COASTAL DOORS INC 12.50 54 TR4NS NBR DATE VENDOR AMOUNT 342435 07.'28'2016 PORT CONSOLIDATED INC 994.09 342436 07`8,2016 SPEEDWELL TARGETS 7 J 7.54 342437 07'28'2016 JORDAN MOWER INC 2.417. J 7 =42438 07'28 "2016 TEN-8 FIRE EQUIPMENT INC i 1.078.58 342430 07282016 RANGER CONSTRUCTION IND INC 4J 1.40 34=44(1 07'28'2016 KAMLF1' HORN &- ASSOC INC 612.00 41 07j28'2016 SAFETI PRODUCTSPvC 14.80 34:'442 0-'_8'2016 STEWART MATERIALS INC ..986?0 342443 0-''_8'2016 AT&TWIRELESS 1=8.64 342445 07'28 "2016 SEWELL H.ARDV�"ARE CO INC 3.29 =42446 07'28''_016 PARALEE COMPANI INC 2.970.00 =42447 07'28'2016 DELTA SUPPLY CO 486.08 _42448 07'28'2016 E-Z BREVA COFFEE &- BOTTLE WATER SVC 159.:5 342449 07'28''_016 ItiELL�''TRACTOR CO 2.0.2.2_ ;42450 07,28'2016 REPUBLIC SERVICES INC 247.833.70 342451 07-'28''016 MCMASTER CARR SUPPLY CO 141.24 342452 07'28"_'016 AMERIGAS EAGLE PROPANE LP 769.98 342453 0 7,'28!2016 AMERIGAS EAGLE PROPANE LP 856.55 342454 07.'28'2016 AMERIGAS EAGLE PROPANE LP 1.084.41 342455 07228'2016 AMERIGAS EAGLE PROPANE LP 1.169.89 342456 07'282016 AMERIGAS EAGLE PROPANE LP 1.308.12 342457 07'28-'2016 GAYLORD BROTHERS INC 123.63 342458 07'2812016 H B S INC 45.00 342459 07,'-)8,'20]6 CLIFF BERRYINC 173.95 342460 07%28'2016 3M CO 1 200.00 342461 07%2282016 KSM ENGINEERING & TESTING INC 132.00 342462 07'28'2016 HD SUPPLY VATER\� ORKS_ LTD 3.067.03 342463 07'28'2016 BOUND TREE MEDICAL LLC 369.80 342464 07'28%2016 PETES CONCRETE- 1.200.00 342465 07'28'2016 VERO INDUSTRIAL SUPPLY INC 81.80 342466 07'28%2016 TIRESOLES OF BROV�ARD INC 1.759.98 342467 07'28'2016 PARAGON ELECTRIC INC 262.50 342468 07'28'2016 ARMFIELD WAGNER APPRAISAL AND RESEARCH INC 1.800.00 342469 0 /!28,'2016 DELL MARKETING LP 11093 342470 07;'28/2016 GOODYEAR AUTO SERVICE CENTER 823.98 342471 07/28/2016 ASPHALT RECYCLING INC 17.797.14 342472 07128'2016 BARER & TAYLOR INC 2.990.70 342473 07/28/2016 MIDWEST TAPE LLC 426.78 342474 07128'2016 NORTHERN SAFETY CO INC 104.13 342475 07/28'2016 CENTRAL WINDOW OF VERO BEACH INC 822.00 342476 0728!2016 MICROM.AR3tETING LLC 112.51 342477 07'28'2016 K &- M ELECTRIC SUPPLY 88.74 342478 07128'2016 ATKINS NORTH AMERICA INC 10.792.96 =42479 07,'28'2016 CENGAGE LEARNING CORPORATION 26.99 342480 07;28'2016 PALM TRUCK CENTERS INC 570.58 342481 07,'28'2016 SOFTWARE HARD AA RE INTEGRATION 311.00 342482 07128'2016 SUNSHINE SAFETY COUNCIL INC 125.00 34348= 07'28'2016 JTK.A INC 1.384.85 342484 07'28'2016 GREENE INVESTMENT PARTNERSHIP LTD 3.426.04 342485 07'28'2016 PST SERVICES INC 34.089.60 342486 07'28'2016 INDIAN RIVER COUNTl HEALTH DEPT 46.770.58 342487 07'28'2016 MEDICAL EXAMINERS OFFICE 27.016.58 342488 07.282016 VICTIM ASSISTANCE PROGRAM 5.568.58 342489 07'28'2016 ROGER J NICOSIA 1.500.00 342490 07'28'2016 CITY OF VERO BEACH 90.909.95 342491 07'28-2016 CITY OF VERO BEACH 1056.3- .056._:34_492 342) 4 9 --' 07,'28'2016 CITY OF VERO BEACH 11.61-2-50 342493 07'28'2016 UNTITED WAY OF INDIAN RIVER COUNT)' 830.91 342494 07'28'2016 FLORIDA GOVERNMENT FINANCE 35.00 55 TRANS NBR DATE VENDOR AMOUNT ,4495 07'28'2016 FLORIDA DEPT OF TRANSPORTATION 5.14 42496 07'28'2016 .JANITORIAL DEPOT OF AMERICA iNC 255.54 ;4249; 07'282016 PUBLIX SUPERMARKETS 72.04 .4498 07'^_8'2016 PUBLI.X SUPEUvIARKETS 14.9` ,4499 07'_8'2016 VERO BEACH 1;1GH SCHOOL 105.00 ,4250(, 07'28'2010 L'NI�'Ei:SIT� OF FLORIDA ,00.00 =4250; 0-'28'2016 UNIVERSITY OF FLORIDA. ,00.00 =4250_ 07'28'2016 ACUSHN'ET COMPANY 2.263.25 =4250: 07'^_8'2016 INTERNATIONAL GOLF IAAINTENANCE. INC 88.148.=:- ,4250 0 ._T _lilt F0 -N Tt0. C,- .NSLIL:-JA f' 1 S I.L . Ili 4250_ 0"'28'2016 FEDERAL EXPRESS CORP `5.94 14506 0-'28'2016 CITY OF SEBASTLAN 2---] ()q.()() ,4250" 07 "28'20i C. TIMOTHY ROSE CONTRACTING INC i 1,.520.84 ,4250`; 07'28'2016 FLORIDA RECREATION PARK ASSOC INC 9-'x.00 34250c 0 , '28'2016 FLORIDA POWER AND LIGH"I 114.788.8-- 14.788.8_342510 342z, 1 (1 07'28'2016 FLORIDA POWER AND LIGHT 59,.08 342511 07'28'2016 TAYLOR MADE GOLF CO INC 98.07 ;42512 07'282016 GIFFORD YOUTH ACHIEVEMENT CEN'T'ER INC 16.76=-.0 7 4251 07'28'2016 STATE ATTORNEY 9.610.22 342514 0728'2016 CITY OF FELLSMERE 1 ;4251 07 28'2016 PEACE RIVER ELECTRIC COOP INC 350.08 ,4251 F 07'28'2016 STRU?vK FUNERAL HOMES CREMATOR' 425.00 343517 0 7'28'2016 FLORIDA EMERGENCY PREPAREDNESS 100.00 342518 07'28.'2016 CHANNFNG BETE CO INC 247.50 34519 07'28'2016 KEVIN OSTHUS 830.35 342520 07,'28'2016 ALAN C KAUFFMAN ' 200.00 34521 07'38,'2016 G K ENVIRONMENTAL INC 1.565.00 542522 07'28'2016 WORKERS COMPENSATION INSTITUTE 290.00 34252; 072822016 JOHN BROVX'N K SONS INC 3.100.00 342524 07,'28'2016 BANK OF NEW YORK 350.00 342525 07'28'2016 CARIBE ROYALE HOTEL 560.00 34526 07%28:'2016 INTERNATIONAL CODE COUNCIL INC 56.00 342527 07/28'2016 LELCO FB TALLAHASSEE LLL 89.00 342528 07%282016 HAYTH.H.AYTH ce LANDAU 125.00 34529 07128'2016 TRANS US INC 369.96 ,42530 07'28'2016 POTTERS INDUSTRIES LLC 342531 07:28/2016 VAN WAL INC 10.00 342532 07'28/2016 VAN WAL INC 635.00 342533 0728'2016 FREDERICK PAUL MAZZA 300.00 342534 07'28,'2016 SHUBIN & BASS PA 17.550.50 342535 07'28'2016 MICHAEL JAHOLKOWSKI 611.00 342536 07;'28'2016 CENTRAL PUMP & SUPPLY INC 562.50 342537 07'28'2016 MASTELLER &- MOLER INC 18.395.50 342538 07'28'2016 ADMIN FOR CHILD SUPPORT ENFORCEMENT 254.18 ,4539 07/282016 ADMIN FOR CHILD SUPPORT ENFORCEMENT 257.63 34540 07,'28'2016 ADMIN FOR CHILD SUPPORT ENFORCEMENT 143.75 34541 07'28"2016 ADMIN FOR CHILD SUPPORT ENFORCEMENT 180.00 342542 07'28;'2016 GARY L EMBREY 148.00 342543 07/28 '201 6 KEN CHATAM 60.00 34544 07'282016 ORCHID ISLAND PROPERTY MGMT 11 INC 1.490.50 ,42545 07'28'2016 FAMILY ROOTS PUBLISHING CO LLC 35.45 342546 0728,20) 6 ANDY SOBCZAK 150.41 34547 07'28'2016 TRANSCAT 344.27 ,42548 07'28'2016 CEMEN 5.157.9] 34549 07'28.'2016 GUARDIAN CO1vMIUNITY RESOURCE MANAGEMENT 5.000.00 34550 07'28'2016 KATHLEEN P DOUGHERTY 30.00 742551 07'28'2016 TREASURE COAST FOOD BANK INC 258.16 =4552 07^82016 K'S COMMERCIAL CLEANING 17.614.08 ,4553 07'28'2016 NICOLACE MARKETING INC 750.00 742554 0;'28'2016 WTNSUPPLY OF VERO BEACH 71 x.71 56 TRANS ?SBR DATE VENDOR AMOliNT 34555 07'28'2016 HMA-SOLANTIC JOINT VENTI7RE LLC DBA 15.00 ; 2556 07'28,'2016 SANDY ARACENA 50.00 34 07'28'2016 SAID S MOOBARK 500.00 ;^-'558 07'28'2016 WITTENBACH BUSINESS SYSTEMS INC ILQ87.00 ;4-- 50 0-"28'2016 \>, OERNER DEVELOPMiENT INC 50-.50 4256(; 0728'201t ECMO 246?4 34256 0- ^8 "'(I I0 JOSEPH CATAL.4NO 60.00 34256 -'28'2016 LACRYSTAL WOOLFORF 50.00 34256. 0-'28'201t� RAYMOND J DUCHEMIN 4000 u _� _I.i�i` Lltk, k - L- L INC 342565 0-'^_8'2016 PRESSURE WORLD IN,C 999.00 34566 07"28'2016 HEATHER HATTON 160.00 34567 ( -'28'2016 GFA INTERNATIONAL iJC 1.025.00 34^568 07'28'2016 ALTERATIONS BLESSED 154.00 34569 0-'28'_(116 REPROGRAPHIC SOLUTIONS INC 40.26 342570 07'28 2016 LOWES HOME CENTERS INC 001.58 342571 07'28'2016 LABOR READY SOUTHEAST INC 42_.979.96 3425 72 0-'28'2016 CARDINAL HEALTH 1 10 INC 1.905.19 34257= 07 28'2016 PENGUIN RANDOM HOUSE LLC 30.00 342574 07'28'2016 PITMAN TRACTOR K EQUIPMENT INC 357.50 34575 07'282016 MICHAEL YOUNG 40.00 342576 0 '28'2016 DEBORAH CUEVAS 108.00 34257 07'28'2016 FAMILY SUPPORT REGISTRY 156.45 34578 07,2282010 COAST TO COAST COMPUTER PRODUCTS 99.96 342579 0%'28'2016 CARA COBB 10.00 342580 07!28'2016 KESSLER CONSULTING INC. 3.786.59 342581 07'28'2016 BERNARD EGAN & COMPANY 748.65 342582 07282016 SHAVA�* MAKSIM 11.54 34258; 0 72 8 '2 016 NAPIER & ROLLIN PLLC 112.50 342584 07'28'2016 INTEGRITY LAWNS LLC 1.750.00 342585 07%282016 RELIANT FIRE SYSTEMS INC 261.39 342586 07'28;2016 BILFINGER WATER TECHNOLOGIES INC 635.33 342587 07'38'2016 SYLIVIA MILLER 348.00 342588 07,"28'2016 ENCORE ONE LLC 2.271.86 ;42589 07282016 ROBIN FOTOPOULOS 10.00 343590 07'28'2016 TOP GEAR INC 4.411.40 342591 07'38!2016 JOSEPH DIZONNO 100.00 342592 07'28.'2016 GENUINE PARTS COMPANY 134.76 342593 07'28.'2016 TRIBOND LLC 8.167.44 342594 07'28 '20 16 RED THE UNIFORM TAILOR 85.78 342595 07'28,'2016 INNOVATIVE INTERFACES INC 43.471.86 342596 07'28'2016 ENTERPRISE RECOVERY SYSTEMS INC 206.39 342597 07.'28'2016 CATHEDRAL CORPORATION 2.715.68 342598 07283016 UNIFIRST CORPORATION 1.669.62 342599 07'38'2016 CRYSTAL PHILLIPS 50.00 342600 071382016 BEST AMERICAN 'A"ELDING SERVICES 1,235.00 342601 07'28!2016 STEARNS- CONRADANDSCHMIDT 700.00 343602 07'28,'2016 SCHUMACHER AUTOMOTIVE DELRAY LLC 26.61 34603 07'28'2016 ADVANCE STORES COMPANYINCORPORATED 515.78 342604 07'28'2016 EGP DOCUMENT SOLUTIONS LLC 789.;4 342605 07'28'2016 T -MOBILE 612.00 342606 0728'2016 IMPERIAL IMPRINTING LLC 499.95 342607 07'28 "_'Ole ROCCO CAVALLO 60.00 342608 07 _'8'2016 STANLEY ACCESS TECHNOLOGIES LLC 183.00 34'_'609 01 '^_8'2016 ALL SAFE INDUSTRIES INC 3312.92 342610 07'28'2016 NW] RECYCLING INC 4.273.00 342611 07'38'3016 EASTERN PIPELINE CONSTRUCTION INC 2.000.00 34612 07'28'2016 SUEZ TREATMENT SOLUTIONS INC 1.161.07 342613, 07282016 SARAH GRADOLPH 250.00 3426i4 O 7 "'8'2016 JAMES A SMALLEY UTILIT`.' BUILDINGS INC 1.200.00 57 TRANS NBR DATE ;4267 5 (1-1, 28 "2016 ;42616 07'282016 4-161 % 07 "S 4.6IF 0 -'?F'=016 ;42614 0-=F'�016 Grand Totai: VENDOR AMOUNT INDUSTRIAL LAUNDR) SERVICES LLC �0 EDWARD 1LLIDGE 60.00 WEDGEWOOD RENTALS LLC ''.084.00 EDUCATION FOUNDATION OF INDIAN RIVER. CO(:T:T) -IF.90- 41 ANDREA WOULLARD X0.00 ACCIDENT SCENE CLEAN kS P 800.0(, 1.297.436.82 58 ELECTRONIC PAYMENT - V1 SA CARD TRANS. NBR DATE VENDOR AMOUNT 1009457 07'22'2016 AT$T 8.490.3` 10094;8 07'22'2016 OFFICE DEPOT BSD CUSTOMER SVC 829.84 1004459 07''2''016 COMCAST 83.8; 1009460 07 "'5'2016 COLKIT- SHEET METAL L AIC INC 8cC), 1009461 07'-'-5.20) 6 HENRY SCHEN\- INC Q.-30.9: 1000462 07'25'2016 HFLET�-A CHEMICAL_ 70.98 100946: 07'2 '2016 COLD A]R DISTRIBUTORS WAREHOUSE 188.7= 100046a 07':5'2016 i?\Di.SN R1\ Ek B.a7 > i R`, 2 %Z4._5 100946= 07, '-'5'2016 .ABCO GARAGE DOOR CO INC 494.50 1009466 07''5'_'016 BAR}4ER ELECTRIC. AIR CONDITIONING 5.2.9.00 100946- 07'25'2016 FLAGLER CONSTRUCTION EQUIPMENT LLC 83.96 1009468 0725,2016 CAPITAL OFFICE PRODUCTS 373.62 1009469 07'25'_'016 BENNETI ALTO SUPPLY INC 189.16 Grand Total: 27,239.10 59 ELECTRONIC PAYMENTS - NVIRE & ACH TRANS N B R DATE 4481 07'"" .016 448'' 07''2'2016 448; 07''2'2016 4484 07'25'2016 Grand Total: VF NDOR KIMLEY HORN & ASSOC INC VETERANS COt'NCIL OF I R C VEROTOWN' LLC INDLAN RIVER COtrNTIPROPERT) APPRAISER AMOUNT 3.984.25 4.800.70 50_''14.54 /6-.20 289.766.69 60 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 180127' Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: August 4, 2016 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS July 29, 2016 to August 4, 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 July 29, 2016 to August 4, 2016. Attachment: 61 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 342698 08/04/2016 CREATIVE CHOICE HOMES XVI LTD 10,025.00 342699 08/04/2016 COASTAL DOORS INC 3,510.00 342700 08/04/2016 PORT CONSOLIDATED INC 45,353.53 342701 08/04/2016 GUARDIAN EQUIPMENT INC 5,665.00 342702 08/04/2016 STURGIS LUMBER & PLYWOOD CO 50.47 342703 08/04/2016 JORDAN MOWER INC 295.86 342704 08/04/2016 TEN -8 FIRE EQUIPMENT INC 1,366.46 342705 08/04/2016 RANGER CONSTRUCTION IND INC 276.76 342706 08/04/2016 VERO CHEMICAL DISTRIBUTORS INC 855.45 342707 08/04/2016 RICOH USA INC 104.39 342708 08/04/2016 CHISHOLM CORP OF VERO 3,636.95 342709 08/04/2016 VELDE FORD INC 28.42 342710 08/04/2016 SAFETY PRODUCTS INC 578.20 342711 08/04/2016 SAFETY PRODUCTS INC 1,406.69 342712 08/04/2016 AT&T WIRELESS 88.07 342713 08/04/2016 DATA FLOW SYSTEMS INC 2,791.51 342714 08/04/2016 THOMAS P WHITE 22.00 342715 08/04/2016 DELTA SUPPLY CO 965.30 342716 08/04/2016 E -Z BREW COFFEE & BOTTLE WATER SVC 16.47 342717 08/04/2016 GRAINGER 100.33 342718 08/04/2016 MY RECEPTIONIST INC 297.92 342719 08/04/2016 AMERIGAS EAGLE PROPANE LP 1,158.15 342720 08/04/2016 HACH CO 1,067.16 342721 08/04/2016 PHYSIO CONTROL INC 10,185.96 342722 08/04/2016 KSM ENGINEERING & TESTING INC 444.00 342723 08/04/2016 HD SUPPLY WATERWORKS, LTD 5,224.68 342724 08/04/2016 PETES CONCRETE 4,100.00 342725 08/04/2016 R GEORGE & ASSOCIATES INC 15,061.44 342726 08/04/2016 ARMFIELD WAGNER APPRAISAL AND RESEARCH INC 500.00 342727 08/04/2016 GOLF SPECIALTIES INC 1,950.30 342728 08/04/2016 GOODYEAR AUTO SERVICE CENTER 1,512.44 342729 08/04/2016 BAKER & TAYLOR INC 786.72 342730 08/04/2016 BARNEYS PUMP INC 10,859.82 342731 08/04/2016 MIDWEST TAPE LLC 371.80 342732 08/04/2016 K & M ELECTRIC SUPPLY 156.23 342733 08/04/2016 PALM TRUCK CENTERS INC 699.20 342734 08/04/2016 SOFTWARE HARDWARE INTEGRATION 556.00 342735 08/04/2016 SUNSHINE REHABILATION CENTER OF IRC INC 30.00 342736 08/04/2016 CITY OF VERO BEACH 6,559.73 342737 08/04/2016 COMPBENEFITS COMPANY 503.52 342738 08/04/2016 COLONIAL LIFE & ACCIDENT INS CO 31.86 342739 08/04/2016 UNITED PARCEL SERVICE INC 33.18 342740 08/04/2016 PETTY CASH 120.00 342741 08/04/2016 LIVINGSTON PAGE 162.00 342742 08/04/2016 TREASURE COAST HOMELESS SERVICES 27,533.00 342743 08/04/2016 HUMANE SOCIETY 29,830.00 342744 08/04/2016 PUBLIX SUPERMARKETS 61.95 342745 08/04/2016 GEAR FOR SPORTS INTL INC 488.63 342746 08/04/2016 IRC CHAMBER OF COMMERCE 22,998.13 342747 08/04/2016 MUNICIPAL CODE CORPORATION 1,395.92 342748 08/04/2016 DON LAWLESS 120.00 342749 08/04/2016 MORGAN & EKLUND INC 21,285.00 342750 08/04/2016 NATIONAL RECREATION & PARK ASSOC 165.00 342751 08/04/2016 TIMOTHY ROSE CONTRACTING INC 5,928.00 342752 08/04/2016 FLORIDA POWER AND LIGHT 24,271.99 342753 08/04/2016 FLORIDA POWER AND LIGHT 3,416.30 342754 08/04/2016 JAMES GRAY JR 665.94 342755 08/04/2016 FLORIDA BLUE 959.76 62 TRANS NBR DATE VENDOR AMOUNT 342756 08/04/2016 BRE-CLEARWATER OWNER LLC 595.00 342757 08/04/2016 STRUNK FUNERAL HOMES & CREMATORY 425.00 342758 08/04/2016 MEDICARE PART B FINANCIAL SERVICES 654.43 342759 08/04/2016 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 6,000.00 342760 08/04/2016 FLORIDA UC FUND 2,197.00 342761 08/04/2016 UNITED HEALTH CARE INS COMPANY 92.28 342762 08/04/2016 GERALD A YOUNG SR 240.00 342763 08/04/2016 GREY HOUSE PUBLISHING 140.87 342764 08/04/2416 HENRY SMITH 216.00 342765 08/04/2016 MIZUNO USA INC 97.26 342766 08/04/2016 ALAN C KAUFFMANN 200.00 342767 08/04/2016 G K ENVIRONMENTAL INC 3,750.00 342768 08/04/2016 JOHN BROWN & SONS INC 9,606.25 342769 08/04/2016 PAMELA COOPER 245.40 342770 08/04/2016 INTERNATIONAL CODE COUNCIL INC 228.00 342771 08/04/2016 HUMANA 444.04 342772 08/04/2016 HUMANA 65.80 342773 08/04/2016 DAVCO ELECTRICAL CONTRACTORS CORP 3,769.00 342774 08/04/2016 HOMETOWN NEWS 587.00 342775 08/04/2016 MICHAEL QUIGLEY 510.00 342776 08/04/2016 GRAEME, WANDA THOMPSON/RICHARD 100.00 342777 08/04/2016 RUSSELL PAYNE INC 637.77 342778 08/04/2016 SCOTT MCADAM 21.40 342779 08/04/2016 CELICO PARTNERSHIP 1,517.85 342780 08/04/2016 BOYLE & DRAKE INC 2,500.00 342781 08/04/2016 CINTAS CORPORATION NO 2 135.00 342782 08/04/2016 UNITED AMERICAN INSURANCE 100.69 342783 08/04/2016 JOSEPH W VASQUEZ 290.00 342784 08/04/2016 DASIE BRIDGEWATER HOPE CENTER INC 2,046.63 342785 08/04/2016 DOLORES CURREN 95.90 342786 08/04/2016 JOHNS EASTERN COMPANY INC 7,131.09 342787 08/04/2016 MBV ENGINEERING INC 7,560.70 342788 08/04/2016 PITTS, BARBARA & GUY 90.62 342789 08/04/2016 CENTRAL PUMP & SUPPLY INC 300.96 342790 08/04/2016 MANUFACTURERS EDGE INC 1,768.15 342791 08/04/2016 CHEREE SHELLY 50.00 342792 08/04/2016 STAPLES CONTRACT & COMMERCIAL INC 283.35 342793 08/04/2016 COAST TO COAST BUILDERS OF FLORIDA INC 2,544.87 342794 08/04/2016 GARY L EMBREY 94.00 342795 08/04/2016 LARRY STEPHENS 144.00 342796 08/04/2016 CAROLLO ENGINEERS 6,733.40 342797 08/04/2016 KEN CHATAM 120.00 342798 08/04/2016 HEART OF THE EARTH MARKETING 435.45 342799 08/04/2016 1ST FIRE & SECURITY INC 239.00 342800 08/04/2016 STEWART, GEORGE A& BARBARA 79.97 342801 08/04/2016 JOHNNY B SMITH 212.00 342802 08/04/2016 MUNICIPAL WATER WORKS INC 26,655.75 342803 08/04/2016 SHIRLEY CHODKOWSKI 93.82 342804 08/04/2016 GLOBALSTAR USA 129.60 342805 08/04/2016 CHARLES A WALKER 240.00 342806 08/04/2016 DACE CHANDLER & ASSOCIATES INC 285.00 342807 08/04/2016 CEMEX 1,434.51 342808 08/04/2016 JUDITH M BISCHOFF 79.00 342809 08/04/2016 CRERAR JR, ROBERT J & ELAH 97.60 342810 08/04/2016 JILL S MANZI 50.00 342811 08/04/2016 SOUTHEAST SECURE SHREDDING 208.08 342812 08/04/2016 NATALYA HENRY 50.00 342813 08/04/2016 KATHLEEN P DOUGHERTY 40.00 342814 08/04/2016 MICHAEL ABRAHAM 4,758.63 342815 08/04/2016 DURAND, GARY & TULA 270.80 63 TRANS NBR DATE VENDOR AMOUNT 342816 08/04/2016 EQ THE ENVIRONMENTAL QUALITY COMPANY 24,338.41 342817 08/04/2016 TERESA PULIDO 210.00 342818 08/04/2016 WINSUPPLY OF VERO BEACH 204.01 342819 08/04/2016 HOLLIS HOIER 40.00 342820 08/04/2016 FLORIDA MEDICAID 290.61 342821 08/04/2016 VERA SMITH 180.00 342822 08/04/2016 GARRETT SMITH 198.00 342823 08/04/2016 YAMAHA GOLF CAR COMPANY 6.88 342824 08/04/2016 WOERNER DEVELOPMENT INC 101.50 342825 08/04/2016 YOUR AQUA INSTRUCTOR LLC 910.00 342826 08/04/2016 ROYALTY AIR LLC 17,200.00 342827 08/04/2016 JOSEPH CATALANO 60.00 342828 08/04/2016 OVERDRIVE INC 4,103.17 342829 08/04/2016 RAYMOND J DUCHEMIN 40.00 342830 08/04/2016 ROSEMARY JEFFERSON 35.00 342831 08/04/2016 HEATHER HATTON 150.00 342832 08/04/2016 SAMUEL PRYOR 60.00 342833 08/04/2016 MIKE SCHAEFFER 1,882.39 342834 08/04/2016 REPROGRAPHIC SOLUTIONS INC 51.76 342835 08/04/2016 LOWES HOME CENTERS INC 674.48 342836 08/04/2016 LABOR READY SOUTHEAST INC 483.60 342837 08/04/2016 ALEX MIKLO 145.00 342838 08/04/2016 TRV ADVERTISTING & MARKETING INC 1,480.00 342839 08/04/2016 BURNETT LIME CO INC 9,641.80 342840 08/04/2016 PENGUIN RANDOM HOUSE LLC 63.75 342841 08/04/2016 SEAN MAKI COMMUNICATIONS LLC 276.00 342842 08/04/2016 DOROTHY E GRANSE 92.07 342843 08/04/2016 QUICKSERIES PUBLISHING INC 17,910.00 342844 08/04/2016 DEBORAH CUEVAS 126.00 342845 08/04/2016 KATE P COTNER 173.44 342846 08/04/2016 BRUCE SABOL 100.00 342847 08/04/2016 CARA COBB 20.00 342848 08/04/2016 BERNARD EGAN & COMPANY 273.89 342849 08/04/2016 AMERITAS 25,207.54 342850 08/04/2016 RONALD NICHELSON 180.00 342851 08/04/2016 EMA INC 5,845.56 342852 08/04/2016 CHAD COOLEY 117.00 342853 08/04/2016 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 1,275.00 342854 08/04/2016 SYLIVIA MILLER 1,242.00 342855 08/04/2016 HAWKINS INC 3,574.25 342856 08/04/2016 ANFIELD CONSULTING GROUP INC 10,000.00 342857 08/04/2016 LONGHORN LANDSCAPING AND SOD LLC 2,713.50 342858 08/04/2016 MARIE MUNROE 587.60 342859 08/04/2016 SUN AQUATICS LLC 90.00 342860 08/04/2016 LINDA WALL 80.00 342861 08/04/2016 COCA COLA BEVERAGES FLORIDA LLC 95.04 342862 08/04/2016 JOSEPH DIZONNO 60.00 342863 08/04/2016 KARYN BRYANT 202.90 342864 08/04/2016 GENUINE PARTS COMPANY 211.00 342865 08/04/2016 MOLINA HEALTHCARE MEDICAID 1,414.67 342866 08/04/2016 AK CONSULTING GROUP 650.00 342867 08/04/2016 CATHEDRAL CORPORATION 5,429.16 342868 08/04/2016 MOCAVO INC 995.00 342869 08/04/2016 UNIFIRST CORPORATION 1,352.98 342870 08/04/2016 MARK DEAN RILEY JR 50.00 342871 08/04/2016 WEST COAST TRENDS INC 590.82 342872 08/04/2016 DIETRICH AHNERT 319.80 342873 08/04/2016 SUNSHINE HEALTH PLAN MEDICAID 1,149.17 342874 08/04/2016 SITEONE LANDSCAPE SUPPLY LLC 239.36 342875 08/04/2016 DEBORAH A NOVACK 120.00 64 TRANS NBR DATE VENDOR AMOUNT 342876 08/04/2016 THE GIFFORD FLORIDA YOUTH ORCHESTRA 1,045.00 342877 08/04/2016 ITALA FELL 10.00 342878 08/04/2016 T -MOBILE 612.00 342879 08/04/2016 RUSSELL L OWEN III 180.00 342880 08/04/2016 EZLINKS GOLF LLC 2,338.75 342881 08/04/2016 STEVES FROZEN CHILLERS OF FLORIDA SPACE COAS" 129.00 342882 08/04/2016 IMPERIAL IMPRINTING LLC 401.25 342883 08/04/2016 ROCCO CAVALLO 60.00 342884 08/04/2016 SARAH GRADOLPH 160.00 342885 08/04/2016 GULF COAST SIGNS OF SARASOTA INC 5,226.34 342886 08/04/2016 TOYS BY DAPHNE INC 260.84 342887 08/04/2016 PATRICK JAMES ECYCLE LLC 1,750.00 342888 08/04/2016 SULLIVAN ELECTRIC & PUMP INC 1,309.80 342889 08/04/2016 NICHOLAS OLSON 100.00 342890 08/04/2016 ICON SUPPLY INC 1,950.00 342891 08/04/2016 DOCKSIDE BUILDERS OF SEBASTIAN INC 30,000.00 342892 08/04/2016 THOMAS KELLY 25.00 342893 08/04/2016 AC VETERINARY SPECIALTY SERVICES 101.00 342894 08/04/2016 EDWARD ILLIDGE 60.00 342895 08/04/2016 PUMPTRONICS USA LLC 1,045.34 342896 08/04/2016 OKLAHOMA SIMMS 234.00 342897 08/04/2016 COLTON PARKER 216.00 342898 08/04/2016 BLACK CLOVER ENTERPRISES LLC 869.62 342899 08/04/2016 KENNY BAKOS 53.50 342900 08/04/2016 ZERO FRICTION LLC 632.82 342901 08/04/2016 BARBARA A ATKINSON 42.82 342902 08/04/2016 DALE R BINTZ 50.00 342903 08/04/2016 ANTOINETTE BOETTGER 89.10 342904 08/04/2016 GHYSLAINE G BOUYSSOU 95.27 342905 08/04/2016 CHRISTINE BRANCH 70.00 342906 08/04/2016 HAROLD L BROOKS 317.00 342907 08/04/2016 BRENALEA BROWN 49.88 342908 08/04/2016 WILLIAM J BROWN 86.73 342909 08/04/2016 RICHARD L BUCKNELL 79.35 342910 08/04/2016 GEORGE CARABIN 95.13 342911 08/04/2016 CELTIC INS CO 84.04 342912 08/04/2016 ELIZABETH M CLINEMAN 88.52 342913 08/04/2016 MICHAEL C COLLETTI 44.52 342914 08/04/2016 CYRUS J DEGEROME 75.31 342915 08/04/2016 JULIA DUNNE 445.35 342916 08/04/2016 EDNA L FODOR 92.86 342917 08/04/2016 SAMANTHA J GILMORE 50.00 342918 08/04/2016 ALLEN M GOLDSTEIN 103.12 342919 08/04/2016 WAYNE HERSHBERGER 572.00 342920 08/04/2016 MARY HOOVER 7 89 342921 08/04/2016 SAMUELA HUNTER 183.70 342922 08/04/2016 THOMAS J KELLY 90.47 342923 08/04/2016 DANIEL KOCIS 91.64 342924 08/04/2016 ROBERT B MARKS 97.60 342925 08/04/2016 SUSAN MCCONN 25.00 342926 08/04/2016 THERESA M MCINTYRE 102.71 342927 08/04/2016 NEW ERA LIFE INSURANCE 93.82 342928 08/04/2016 SANDRA PENCARSKI 21.81 342929 08/04/2016 FLORENCE PERSONS 85.14 342930 08/04/2016 ROSEMARY RICE 25.00 342931 08/04/2016 WILLAIM M ROBINSON 90.62 342932 08/04/2016 VICKY E SALYERS 78.34 342933 08/04/2016 SECURE HORIZONS 458.61 342934 08/04/2016 MEYER SIEGEL 150.00 342935 08/04/2016 JANICE L SPRINGER 93.82 65 TRANS NBR DATE VENDOR AMOUNT 342936 08/04/2016 JANE STIASTNY 93.24 342937 08/04/2016 SUSAN S STINNETT 98.91 342938 08/04/2016 JAYNE THORNE 95.71 342939 08/04/2016 DENISE R VENERY 99.05 342940 08/04/2016 MARY J WARENDORF 100.07 342941 08/04/2016 ESTHER J WATTERS 80.19 342942 08/04/2016 ALEXANDRA D WHIPP 10.00 342943 08/04/2016 MARY J WYNNE 7 75 342944 08/04/2016 HARLAND R SMITH 350.00 342945 08/04/2016 JONNETTE WINGATE 80.00 342946 08/04/2016 CHRIS W KEITHLINE 75.00 342947 08/04/2016 ARETHA SANDERS 50.00 342948 08/04/2016 SANDRA SEDA 50.00 342949 08/04/2016 MIKE ADDEO 50.00 342950 08/04/2016 AMBER SARGENT 50.00 342951 08/04/2016 MELISSA RINELLA 50.00 342952 08/04/2016 JENNA TAYLOR 50.00 342953 08/04/2016 ANN C KELLUM 150.00 342954 08/04/2016 MARTIN COUNTY BCC 334.00 342955 08/04/2016 ASHLEY VANCE 133.52 Grand Total: 578,636.49 66 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1009470 07/29/2016 AT&T 839.80 1009471 07/29/2016 OFFICE DEPOT BSD CUSTOMER SVC 106.89 1009472 07/29/2016 WASTE MANAGEMENT INC 1,058.95 1009473 07/29/2016 COMCAST 104.85 1009474 07/29/2016 COMCAST 104.80 1009475 08/01/2016 PARKS RENTAL& SALES INC 784.75 1009476 08/01/2016 ROBINSON EQUIPMENT COMPANY INC 306.50 1009477 08/01/2016 SSES INC 439.48 1009478 08/01/2016 MIKES GARAGE & WRECKER SERVICE INC 405.00 1009479 08/01/2016 MEEKS PLUMBING INC 750.00 1009480 08/01/2016 RECORDED BOOKS LLC 441.40 1009481 08/01/2016 SOUTHERN COMPUTER WAREHOUSE 633.64 1009482 08/01/2016 TOTAL TRUCK PARTS INC 74.72 1009483 08/01/2016 PERKINS INDIAN RIVER PHARMACY 27.55 1009484 08/01/2016 STRYKER SALES CORP 662.76 1009485 08/01/2016 SHRIEVE CHEMICAL CO 2,669.33 1009486 08/01/2016 SYNAGRO-WWT INC 72,248.46 1009487 08/01/2016 SOUTHERN JANITOR SUPPLY INC 2,539.75 1009488 08/01/2016 METRO FIRE PROTECTION SERVICES INC 350.50 1009489 08/01/2016 STAT MEDICAL DISPOSAL INC 440.00 1009490 08/01/2016 PACE ANALYTICAL SERVICES INC 7,757.00 1009491 08/01/2016 TIGHT LINE PRODUCTIONS INC 378.00 1009492 08/01/2016 SCRIPPS NP OPERATING LLC 712.69 1009493 08/01/2016 ALLIED DIVERSIFIED OF VERO BEACH LLC 45.00 1009494 08/01/2016 NEXAIR LLC 46.20 1009495 08/02/2016 EVERGLADES FARM EQUIPMENT CO INC 2,492.06 1009496 08/02/2016 COLKITT SHEET METAL & A/C INC 14,683.00 1009497 08/02/2016 INDIAN RIVER BATTERY 282.90 1009498 08/02/2016 DAVIDSON TITLES INC 3,760.52 1009499 08/02/2016 ABCO GARAGE DOOR CO INC 93.50 1009500 08/02/2016 ALLIED UNIVERSAL CORP 20,341.52 1009501 08/02/2016 IRRIGATION CONSULTANTS UNLIMITED INC 302.69 1009502 08/02/2016 GROVE WELDERS INC 4,006.00 1009503 08/02/2016 JOHN DEERE COMPANY 16,446.22 1009504 08/02/2016 COMMERCIAL ENERGY SPECIALISTS 35.07 1009505 08/02/2016 FERGUSON ENTERPRISES INC 1,002.00 1009506 08/02/2016 COMO OIL COMPANY OF FLORIDA 56.10 1009507 08/02/2016 ECONOLITE CONTROL PRODUCTS INC 217.00 1009508 08/02/2016 FLAGLER CONSTRUCTION EQUIPMENT LLC 83.87 1009509 08/02/2016 CAPITAL OFFICE PRODUCTS 1,239.04 1009510 08/02/2016 HARCROS CHEMICALS, INC. 3,442.11 1009511 08/02/2016 GREEN EQUIPMENT COMPANY 9,035.00 1009512 08/02/2016 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 2.59 1009513 08/02/2016 BENNETT AUTO SUPPLY INC 120.42 1009514 08/02/2016 FOXCROFT EQUIPMENT AND SERVICE COMPANT LLC 12,761.41 1009515 08/02/2016 HYDRA SERVICE (S) INC 10,794.79 1009516 08/02/2016 COUNTY MATERIALS CORPORATION 26,926.80 Grand Total: 222,052.63 67 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 4485 07/29/2016 FL SDU 4,431.62 4486 07/29/2016 BENEFITS WORKSHOP 9,958.47 4487 07/29/2016 NACO/SOUTHEAST 834.39 4488 07/29/2016 IRC FIRE FIGHTERS ASSOC 6,690.00 4489 07/29/2016 ICMA RETIREMENT CORPORATION 11,919.64 4490 07/29/2016 FLORIDA LEAGUE OF CITIES, INC 4,875.70 4491 07/29/2016 ICMA RETIREMENT CORPORATION 2,525.00 4492 07/29/2016 NACO/SOUTHEAST 23,671.81 4493 07/29/2016 C E R SIGNATURE CLEANING 21,010.00 4494 07/29/2016 CDM SMITH INC 11,743.20 4495 07/29/2016 KIMLEY HORN & ASSOC INC 5,405.60 4496 07/29/2016 KAST CONSTRUCTION COMPANY LLC 596,782.61 4497 07/29/2016 CLERK OF CIRCUIT COURT 75,000.08 4498 07/29/2016 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 84,495.82 4499 07/29/2016 INDIAN RIVER COUNTY SHERIFF 3,399,575.93 4500 08/01/2016 IRS -PAYROLL TAXES 407,481.14 4501 08/01/2016 AGENCY FOR HEALTH CARE ADMIN 13,173.89 4502 08/01/2016 JOSEPH G MILLER 1,000.00 4503 08/04/2016 FL RETIREMENT SYSTEM 750,851.56 4504 08/04/2016 1 R C HEALTH INSURANCE - TRUST 66,883.64 4505 08/04/2016 MUTUAL OF OMAHA 6,626.74 Grand Total: 5,504,936.84 68 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 180127' Street Vero Beach, FL 32960 Telephone: (772) 226-1945 TO: Board of County Commissioners (acting as Board of Trustees of OPEB Trust) FROM: Diane Bernardo, Finance Director & THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 9-1�0 DATE: July 29, 2016 SUBJECT: Quarterly OPEB Trust Report for Quarter Ending 06/30/2016 Attached please find a summary report consisting of the composition and investment return of the OPEB Trust for the third quarter of this fiscal year. These funds are held in trust by our custodian BNY/Mellon. This report was reviewed by our investment advisory committee on July 28, 2016. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached Quarterly OPEB Trust Report. Indian River County ApprayodDate Administrator 11 County Attorney Budget Department Risk Management 69 J A 0 'o C7 D L C m U u � V C g �j ry e uli m m °.\+ a m n b 9 W m > > > R ? C C C C C > p N 'UO Q V U .y vt o y V Q N V1 m m o m Q N n m m n m o O c o d F. u vz 00oc V O 19 o on6 Z 0 No g+ �: w v m o �o r ui m N N .rvn. n ao a .m+ omo � v m° E H Y m Vl N N VI Vl Vl N O d C H J J V N N N N N 3 Z�^ h > > > V Z q Z h \S ue b b b y b 3 .. ; O ry O N N N a M O Q> O i W O N Vf d O N to V1 N N n N n m T v V Y o m Q N m O o N N 0 W O N ti arc v E �p cc ~ Em .�-� °�+° N m n n vtDi m m � 0 0 c N - O in N N N N N N N 0 y N c Cl o o g o g 8 C m w m N rl io w e e 7 m O « w u $ o0 0o m w n V C C 1 d V1 N N Vf N N V1 > T 'O R O '41 u J N N l0 01 01 � n l0 �D n n C d C N -t ti m On N m °ir m .i � m 10 £ W �6 n n o o w e w 'R n w v e o ry O m Cl; N o o W m m t0 o n m m n tp m m ry N do m n C h� m Ki ni ri o .-i w .y N l O m o a �_ ci /VY N N N N VF N N M O J A 0 'o C7 D L C m U u � V C O)O Q A O y � LL m E E 9 W m > > > R ? C C C C C > p N 'UO Q V U .y vt o y N V1 m m E co L o o o 3 c n E q u c o d F. E E ..E, E m vz V O 19 a p l A> r O Nl.ilo o d E E H Y m U 7.2 �T' ~ O J J J W J J x J J V O O Z�^ h > > > Z q Z h \S ue b b b y b .. ; O ry O N N N a M O Q> O i W O K y d O p W v f c o m arc v E cc ~ cl A E c N - O w a J A 0 'o C7 D L C m �g g g elel 41*1 4 4 O N O N m O •+ O O O O) U u � V C O)O Q 0 m C 0�3 n` zr N � LL m E E J d Q m > > > R O LL C C C C C > p T 'UO Q V U .y vt o y N V1 m m o o o o o o o o o o o o m m m E m m E m m m E E ..E, E m vz V O 19 OIO I� O Nl.ilo �g g g elel 41*1 4 4 O N O N m O •+ O O O O) u p `o2 0 m C 0�3 n` c 6 Y ° NV E E E g v v i ~ m > > > R O LL C C C C C L E m 70 �� I BNY MELLON The Bank of New York Motion Trust Company, N.A. INDIAN RIVER COUNTY FINANCE DIRECTOR 1801 27TH STREET BLDG A o VERO BEACH, FL 32960-3388 Go Paperless. Securely access your account online to view your statements. Ask your BNY Mellon contact how we can help you access your accounts, enter your own transactions or submit an audit confirmation online. Also be sure to ask how Connect(SM), our new web -based, single sign -on platform can help you go paperless. Visit us at www.bnymellon.com Account Overview Account Statement Statement Period 04/01/2016 Through 06/30/2016 Account 179137 INDIAN RIVER CO OPEB TRUST CLIENT SERVICE MANAGER: CLAYTON WOODARD 10161 CENTURION PARKWAY JACKSONVILLE, FL 32256 904-998-4743 CLAYTON. WOODARD@BNYMELLON.COM Summary of Assets Held Asset Classification Percent of all Cost Accrued Income Est Annual Income Investments Asset Classification Market Value 5,913,346.99 47% O 45% 0 EQUITY OTHER 8,137,787.21 8,039 882 58 OTHER 8% CASH AND SHORT TERM 1,578 192 47 0.00 100% TOTAL OF ALL INVESTMENTS 17,755,862.26 Summary of Assets Held Asset Classification Market Value Cost Accrued Income Est Annual Income Market Yield EQUITY 8,137,787.21 5,913,346.99 0.00 0.00 0.00% OTHER 8,039,882.58 6,600,764.50 0.00 0.00 0.00% CASH AND SHORT TERM 1,578,192.47 1,578,192.47 0.00 0.00 0.00% ACCOUNT TOTALS 17,755,862.26 14,092,303.96 0.00 0.00 0.00% Summary of Cash Transactions Transection Category Income Current Period Principal e GaiRea liz d ns/Losses Year -to -Date Income Principal OPENING BALANCE 266,341.98 266,341.98 - 208,020.34 208,020.34 - DIVIDENDS 77,757.64 77,732.67- 0.00 136,092.62 107,564.24 - INTEREST 0.00 0.00 0.00 7,996.73 0.00 SALES AND REDEMPTIONS 0.00 172,090.00 0.00 8,053.32 1,352,724.23 OTHER CASH ADDITIONS 0.00 774,102.75 0.00 7,996.73 1,534,422.80 OTHER CASH DISBURSEMENTS 0.00 0.00 0.00 16,050.05 - 8,544.23 - PURCHASES 24.97 - 946,192.75 - 0.00 8,035.04- 2,907 092 87 - CLOSING BALANCE 344,074.65 344,074.65 - 0.00 344,074.65 344,074.65 - The above cash transactions summary is provided for information purposes only and may not reflect actual taxable income or deductible expenses as reportable under the Internal Revenue Code. Page 1 of 8 Page 1 of 8 m 71 ACCOUNT TOTALS 17,755,862.26 Total Market Value Plus Total Accrued Income 17,755,862.26 14,092,303.96 Statement of Transactions Transaction Date Transaction Description Income Principal 04/01/16 OPENING BALANCE 266,341.98 BNY MELLON 04/04/16 Purchase FIDELITY INVST M MKT TRSY 696 6.31 - 0.00 Statement Period 04/01/2016 Through 06/30/2016 The Bank of New York Mellon Trust Company, N.A. Account 179137 Statement of Assets Held INDIAN RIVER CO OPEB TRUST 04/04/16 Dividend Shares / VANGUARD SHORT-TERM TREASURY FUND 3,351.82 0.00 Par Value Asset Description Market Price Market Value Accrued Income EQUITY Average Cost Cost Est Annual Income Market Yield 187,921.690 VANGUARD FTSE ALL WORLD EX US INDEX FUND 439,038.02 SHARES CUSIP: 922042791 16.88000 3,172,118.11 0.00 0.00% 19,359.990 VANGUARD 500 INDEX FUND 17.21428 3,234,936.17 0.00 311.50 SHARES CUSIP: 922908108 193.67000 3,749,450.04 0.00 0.00% 7,400.160 VANGUARD SMALL -CAP INDEX FUND 107.67087 2,084,507.03 0.00 CUSIP: 922908702 55.39000 409,894.81 0.00 0.00% 23,905.260 VANGUARD MID -CAP INDEX FUND 28'42421 210,343.69 0.00 CUSIP: 922908843 33.73000 806,324.25 0.00 0.00% Total EQUITY 16.04501 383,560.10 0.00 CUSIP 922031802 8,137,787.21 0.00 0.00% OTHER 5,913,346.99 0.00 205,952.500 VANGUARD FEDERAL MONEY MARKET FUND CUSIP: 922906300 1.00000 205,952.50 0.00 0.00% 139,208.190 VANGUARD INTERMEDIATE-TERM TREASURY FUND 1.00000 205,952.50 0.00 CUSIP: 922031802 11.74000 1,634,304.10 0.00 0.00°%8.29853 1,360,657.420 VANGUARD PRIME MONEY MARKET FUND 1,155,222.95 0.00 CUSIP: 922906201 1.00000 1,360,657.42 0.00 0.00% 448,052.640 VANGUARD SHORT-TERM TREASURY FUND 0.96980 1, 319,571 .35 0.00 CUSIP: 922031703 10.80000 4,838,968.56 0.00 0.00%8.74901 Total OTHER 3,920,017.70 0.00 8,039,882.58 0.00 0.00% CASH AND SHORT TERM 6,600,764.50 0.00 1,578,167.500 FIDELITY INVST M MKT TRSY 696 CUSIP: X9USD0002 1.00000 1,578,167.50 0.00 0.00% 24.970 FIDELITY INVST M MKT TRSY 696 1.00000 1,578,167.50 0.00 CUSIP: X9USD0002 1.00000 24.97 0.00 0.00% Total CASH AND SHORT TERM 1.00000 24.97 0.00 1,578,192.47 0.00 0.00% 1,578,192.47 0.00 ACCOUNT TOTALS 17,755,862.26 Total Market Value Plus Total Accrued Income 17,755,862.26 14,092,303.96 Statement of Transactions Transaction Date Transaction Description Income Principal 04/01/16 OPENING BALANCE 266,341.98 266,341.98 04/04/16 Purchase FIDELITY INVST M MKT TRSY 696 6.31 - 0.00 TRADE DATE 04/04/16 SET/DATE 04/04/16 CUSIP X9USD00021 6.31 SHARES 04/04/16 Dividend VANGUARD SHORT-TERM TREASURY FUND 3,351.82 0.00 CASH DIVIDEND DIV RATE: .01 EX 03312016 REC 04012016 PAY 04012016 CUSIP 922031703 439,038.02 SHARES 04/04/16 Dividend VANGUARD SHORT-TERM TREASURY FUND 0.00 3,351.82 - CUSIP 922031703 311.50 SHARES 04/04/16 Dividend VANGUARD INTERMEDIATE-TERM TREASURY FUND 2,191.97 0.00 CASH DIVIDEND DIV RATE: .02 EX 03312016 REC 04012016 PAY 04012016 CUSIP 922031802 138,645.16 SHARES 04/04/16 Dividend VANGUARD INTERMEDIATE-TERM TREASURY FUND 0.00 2,191,97 - CUSIP 922031802 189.12 SHARES Page 2 of 8 0.00 0.00% 0.00 Realized Cost Gains/Losses 13,240,443.57 6.31 0.00 0.00 0.00 3,351.82 0.00 2,191.97 Page 2 of 8 0.00 0.00 0 0 3 0.00 0 m 72 , BNY MELLON Statement Period 04/01/2016 Through 06/30/2016 Account 179137 The Bank of New York Mellon Trust Company, N.A. INDIAN RIVER CO OPEB TRUST Statement of Transactions - Continued Transaction Realized Data Transaction Description Income Principal Cost Gains/Losses 04/04/16 Dividend 0.00 471.02 - 471.02 0.00 VANGUARD PRIME MONEY MARKET FUND CUSIP 922906201 471.02 SHARES 04/04/16 Dividend 471.02 0.00 0.00 0.00 VANGUARD PRIME MONEY MARKET FUND CASH DIVIDEND DIV RATE: 0.00 EX 03312016 REC 04012016 PAY 04012016 CUSIP 922906201 1,359,195.87 SHARES 04/04/16 Dividend 0.00 52.59 - 52.59 0.00 VANGUARD FEDERAL MONEY MARKET FUND CUSIP 922906300 52.59 SHARES 04/04/16 Dividend 52.59 0.00 0.00 0.00 VANGUARD FEDERAL MONEY MARKET FUND CASH DIVIDEND DIV RATE: 0.00 EX 03312016 REC 04012016 PAY 04012016 CUSIP 922906300 205,800.69 SHARES 04/04/16 Dividend 6.31 0.00 0.00 0.00 FIDELITY INVST M MKT TRSY 696 TRADE DATE 04/04/16 SET/DATE 04/04/16 CUSIP X9USD0002 6.31 SHARES 04104116 DAILY ENDING BALANCE 272,409.38 272,409.38 - 13,246,517.28 0.00 04/25/16 Purchase 0.00 248,090.00 - 248,090.00 0.00 FIDELITY INVST M MKT TRSY 696 TRADE DATE 04/25/16 SET/DATE 04/25/16 CUSIP X9USD0002 248,090.00 SHARES 04/25/16 Cash Credit 0.00 248,090.00 0.00 0.00 ORD CUST:/002000044270289 INDIAN RIVER COUNTY BOARD OF COUNT ORD INST:WELLS FARGO BANK NA 444 MRKT ST,FX OPRTNS MAC N0019 DETAIL:TAS 1791378400/REC/DGLA111565 THE BANK OF NEW YOR/ACC DETAIL:/K 10161 CENTURION PARKWAY JACK/BNF/VILL E, FL 32256 IMA:2016042511B7033R012884 FTS:FDF160425 1865100 04/25/16 DAILY ENDING BALANCE 272,409.38 272,409.38 - 13,494,607.28 0.00 04/27/16 Purchase 0.00 86,045.00 - 86,045.00 0.00 VANGUARD SHORT-TERM TREASURY FUND 1161170124790 TRADE DATE 04/26/16 SET/DATE 04/27/16 CUSIP 922031703 8,019.10 SHARES 04/27/16 Sale 0.00 86,045.00 86,045.00- 0.00 FIDELITY INVST M MKT TRSY 696 TRADE DATE 04/27/16 SET/DATE 04/27/16 CUSIP X9USD0002 86,045.00 SHARES 04/27116 DAILY ENDING BALANCE 272,409.38 272,409.38 - 13,494,607.28 0.00 05/02/16 Dividend 0.00 3,033.01 - 3,033.01 0 0.00 g VANGUARD SHORT-TERM TREASURY FUND CUSIP 922031703 282.14 SHARES 3 05/02/16 Dividend 3,033.01 0.00 0.00 0.00 VANGUARD SHORT-TERM TREASURY FUND CASH DIVIDEND ° DIV RATE: .01 y EX 04302016 PAY 05022016 CUSIP 922031703 N m Page 3 of 8 Page 3 of 8 73 �� I BNY MELLON Statement Period 04/01/2016 Through 06/30/2016 Account 179137 The Bank of New York Mellon Trust Company, N.A. INDIAN RIVER CO OPEB TRUST Statement of Transactions - Continued Transaction Realized Date Transaction Description Income Principal Cost Gains/Losses 447,368.63 SHARES 05/02/16 Dividend 0.00 2,087.21 - 2,087.21 0.00 VANGUARD INTERMEDIATE-TERM TREASURY FUND CUSIP 922031802 180.55 SHARES 05/02/16 Dividend 2,087.21 0.00 0.00 0.00 VANGUARD INTERMEDIATE-TERM TREASURY FUND CASH DIVIDEND DIV RATE: .02 EX 04302016 PAY 05022016 CUSIP 922031802 138,834.28 SHARES 05/02/16 Dividend 474.91 0.00 0.00 0.00 VANGUARD PRIME MONEY MARKET FUND CASH DIVIDEND DIV RATE: 0.00 EX 04302016 PAY 05022016 CUSIP 922906201 1,359,666.89 SHARES 05/02/16 Dividend 0.00 474.91 - 474.91 0.00 VANGUARD PRIME MONEY MARKET FUND CUSIP 922906201 474.91 SHARES 05/02/16 Dividend 0.00 49.16 - 49.16 0.00 VANGUARD FEDERAL MONEY MARKET FUND CUSIP 922906300 49.16 SHARES 05/02/16 Dividend 49.16 0.00 0.00 0.00 VANGUARD FEDERAL MONEY MARKET FUND CASH DIVIDEND DIV RATE: 0.00 EX 04302016 PAY 05022016 CUSIP 922906300 205,853.28 SHARES 05/02/16 DAILY ENDING BALANCE 278,053.67 278,053.67 • 13,500,251 .57 0.00 05/03/16 Purchase 8.36- 0.00 8.36 0.00 FIDELITY INVST M MKT TRSY 696 TRADE DATE 05/03/16 SET/DATE 05/03/16 CUSIP X9USD00021 8.36 SHARES 05/03/16 Dividend 8.36 0.00 0.00 0.00 FIDELITY INVST M MKT TRSY 696 TRADE DATE 05/03/16 SET/DATE 05/03/16 CUSIP X9USD0002 8.36 SHARES 05/03/16 DAILY ENDING BALANCE 278,053.67 278,053.67 - 13,500,259.93 0.00 05/20/16 Purchase 0.00 248,090.00 - 248,090.00 0.00 FIDELITY INVST M MKT TRSY 696 TRADE DATE 05/20/16 SET/DATE 05/20/16 CUSIP X9USD0002 248,090.00 SHARES 05/20/16 Cash Credit 0.00 248,090.00 0.00 0.00 ORD CUST:/002000044270289 INDIAN RIVER COUNTY BOARD OF COUNT ORD INST:WELLS FARGO BANK NA 444 MRKT ST,FX OPRTNS MAC N0019 DETAIL:TAS 1791378400/REC/DGLA111565 THE BANK OF NEW YOR/ACC DETAIL:/K 10161 CENTURION PARKWAY o JACK/BNFNILL E, FL 32256 IMA:2016052011B7033R013994 FTS:FDF160520 1921700 3 05/20/16 DAILY ENDING BALANCE 278,053.67 278,053.67 - 13,748,349.93 0.00 05/24/16 Purchase 0.00 86,045.00 - 86,045.00 v 0.00 VANGUARD FTSE ALL WORLD EX US INDEX FUND 1161440103940 TRADE DATE 05/23/16 SET/DATE 05/24/16 Page 4 of 8 Page 4 of 8 74 BNY MELLON Statement Period 04/01/2016 Through 06/30/2016 Account 179137 The Bank of New York Mellon Trust Company, N.A. INDIAN RIVER CO OPEB TRUST Statement of Transactions - Continued TransactioRealizedn Date Transaction Description _ Income Principal Cost Gains/Lossas CUSIP 922042791 5,106.52 SHARES 05/24/16 Sale FIDELITY INVST M MKT TRSY 696 TRADE DATE 05/24/16 SET/DATE 05/24/16 CUSIP X9USD0002 86,045.00 SHARES 05/24/16 DAILY ENDING BALANCE 06/01/16 Dividend VANGUARD SHORT-TERM TREASURY FUND CUSIP 922031703 401.87 SHARES 06/01/16 Dividend VANGUARD SHORT-TERM TREASURY FUND CASH DIVIDEND DIV RATE: .01 EX 06012016 PAY 06012016 CUSIP 922031703 447,650.77 SHARES 06/01/16 Dividend VANGUARD INTERMEDIATE-TERM TREASURY FUND CUSIP 922031802 193.34 SHARES 06/01/16 Dividend VANGUARD INTERMEDIATE-TERM TREASURY FUND CASH DIVIDEND DIV RATE: .02 EX 06012016 PAY 06012016 CUSIP 922031802 139,014.84 SHARES 06/01/16 Dividend VANGUARD PRIME MONEY MARKET FUND CUSIP 922906201 515.62 SHARES 06/01/16 Dividend VANGUARD PRIME MONEY MARKET FUND CASH DIVIDEND DIV RATE: 0.00 EX 06012016 PAY 06012016 CUSIP 922906201 1,360,141.80 SHARES 06/01/16 Dividend VANGUARD FEDERAL MONEY MARKET FUND CUSIP 922906300 50.06 SHARES 06/01/16 Dividend VANGUARD FEDERAL MONEY MARKET FUND CASH DIVIDEND DIV RATE: 0.00 EX 06012016 PAY 06012016 CUSIP 922906300 205,902.44 SHARES 06/01/16 DAILY ENDING BALANCE 06/02/16 Purchase FIDELITY INVST M MKT TRSY 696 TRADE DATE 06/02/16 SET/DATE 06/02/16 CUSIP X9USD0002I 10.30 SHARES 06/02/16 Dividend FIDELITY INVST M MKT TRSY 696 TRADE DATE 06/02/16 SET/DATE 06/02/16 CUSIP X9USD0002 10.30 SHARES 06/02/16 DAILY ENDING BALANCE 06/14/16 Dividend VANGUARD FTSE ALL WORLD EX US INDEX FUND CUSIP 922042791 0.00 86,045.00 86,045.00- 0.00 278,053.67 278,053.67 - 13,748,349.93 0.00 0.00 4,312.07 - 4,312.07 0.00 4,312.07 0.00 0.00 0.00 0.00 2,227.35 - 2,227.35 0.00 2,227.35 0.00 0.00 0.00 0.00 515.62 - 515.62 0.00 515.62 0.00 0.00 0.00 0.00 50.06 - 50.06 0.00 50.06 0.00 0.00 0.00 285,158.77 285,158.77 - 13,755,455.03 0.00 10.30 - 0.00 10.30 0.00 10.30 0.00 0.00 0.00 g 0 3 285,158.77 285,158.77 • 13,755,465.33 0.00 0 0.00 37,687.50 - 37,687.50 0.00 Page 5 of 8 Page 5 of 8 75 �` BNY MELLON Statement Period 04/01/2016 Through 06/30/2016 Account 179137 The Bank of New York Mellon Trust Company, N.A. INDIAN RIVER CO OPEB TRUST Statement of Transactions - Continued Transaction Date Transaction Description Income Principal Cost Realized Gains/Losses 2,268.96 SHARES 06/14/16 Dividend 37,687.50 0.00 0.00 0.00 VANGUARD FTSE ALL WORLD EX US INDEX FUND CASH DIVIDEND DIV RATE:.2 EX 06142016 REC 06102016 PAY 06142016 CUSIP 922042791 185,652.72 SHARES 06/14/16 Dividend 0.00 945.02 - 945.02 0.00 VANGUARD SMALL -CAP INDEX FUND CUSIP 922908702 17.20 SHARES 06/14/16 Dividend 945.02 0.00 0.00 0.00 VANGUARD SMALL -CAP INDEX FUND CASH DIVIDEND DIV RATE:.13 EX 06142016 REC 06102016 PAY 06142016 CUSIP 922908702 7,382.95 SHARES 06/14/16 Dividend 2,787.17 0.00 0.00 0.00 VANGUARD MID -CAP INDEX FUND CASH DIVIDEND DIV RATE: .12 EX 06142016 REC 06102016 PAY 06142016 CUSIP 922908843 23,821.95 SHARES 06/14/16 Dividend 0.00 2,787.17 - 2,787.17 0.00 VANGUARD MID -CAP INDEX FUND CUSIP 922908843 83.29 SHARES 06/14/16 DAILY ENDING BALANCE 326,578.46 326,578.46 - 13,796,885.02 0.00 06/21/16 Dividend 0.00 17,496.19 - 17,496.19 0.00 VANGUARD 500 INDEX FUND CUSIP 922908108 91.05 SHARES 06/21/16 Dividend 17,496.19 0.00 0.00 0.00 VANGUARD 500 INDEX FUND CASH DIVIDEND DIV RATE: .91 EX 06212016 PAY 06212016 CUSIP 922908108 19,268.93 SHARES 06/21/16 DAILY ENDING BALANCE 344,074.65 344,074.65 - 13,814,381 .21 0.00 06/23/16 Purchase 0.00 277,922.75 - 277,922.75 0.00 FIDELITY INVST M MKT TRSY 696 TRADE DATE 06/23/16 SET/DATE 06/23/16 CUSIP X9USD0002 277,922.75 SHARES 06/23/16 Cash Credit 0.00 277,922.75 0.00 0.00 ORD CUST:/002000044270289INDIAN RIVER COUNTY BOARD OF COUNT ORD INST:WELLS FARGO BANK NA 444 MRKT ST,FX OPRTNS MAC N0019 DETAIL:TAS 1791378400/REC/DGLA111565 THE BANK OF NEW YOR/ACC DETAIL:/K 10161 CENTURION PARKWAY JACK/BNFNILL E, FL 32256 IMA:20160623llB7032R005079 FTS:FDF160623 0769200 g 06/23/16 DAILY ENDING BALANCE 344,074.65 344,074.65 - 14,092,303.96 0.00 06/30/16 CLOSING BALANCE 344,074.65 344,074.65 - 14,092,303.96 0.00 Cumulative realized capital gain and loss position from 12/31/2015 for securities held in principal of account: Short Term: 0.00' Long Term: 0.00' Page 6 of 8 Page 6 of 8 76 BNY MELLON I III I Statement Period 04/01/2016 Through 06/30/2016 The Bank of New York Mellon Trust Company, N.A. AGcount 179137 Statement of Transactions - Continued INDIAN RIVER CO OPEB TRUST Transaction Date Transaction Description " The above gain and loss position does not include transactions where tax cost Information is incomplete or unavailable. Cash and securities set forth on this Account Statement are held by The Bank of New York Mellon, an affiliate of The Bank of New York Mellon Trust Company, N.A. In addition, The Bank of New York Mellon Trust Company, N.A. may utilize subsidiaries and affiliates to provide services and certain products to the Account. Subsidiaries and affiliates may be compensated for their services and products. The value of securities set forth on this Account Statement are obtained by The Bank of New York Mellon Trust Company, N.A., from its affiliate, The Bank of New York Mellon which determines such values for Corporate Trust on the basis of market prices and information obtained by The Bank of New York Mellon from unaffiliated third parties (including independent pricing vendors) ("third party pricing services"). The Bank of New York Mellon has not verified such market values or information and makes no assurances as to the accuracy or correctness of such market values or information or that the market values set forth on this Account Statement reflect the value of the securities that can be realized upon the sale of such securities. In addition, the market values for the securities set forth in this Account Statement may differ from the market prices and information for the same securities used by other business units of The Bank of New York Mellon Trust Company, N.A., The Bank of New York Mellon or their respective subsidiaries or affiliates based upon market prices and information received from other third party pricing services utilized by such other business units. Corporate Trust does not compare its market values with those used by, or reconcile different market values used by, other business units of The Bank of New York Mellon Trust Company, N.A., The Bank of New York Mellon or their respective subsidiaries or affiliates. Neither The Bank of New York Mellon Trust Company, N.A. nor The Bank of New York Mellon shall be liable for any loss, damage or expense incurred as a result of or arising from or related to the market values or information provided by third party pricing services or the differences in market prices or information provided by other third party pricing services. Page 7 of 8 Page 7 of 8 77 This Page Intentionally Blank Page 8 of 8 Page 8 of 8 78 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 271' Street Vero Beach, FL 32960 Telephone: (772) 226-1945 TO: Board of County Commissioners FROM: Diane Bernardo, Finance Director -D i THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptrolle DATE: July 29, 2016 SUBJECT: Quarterly Investment Report for Quarter Ending 06/30/2016 BACKGROUND Attached to this memorandum is the composition of the investment portfolio and investment earnings for the third quarter of this fiscal year. This report was reviewed by our investment advisory committee on July 28, 2016. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached Quarterly Investment Report. Indian River County ATpFWed I Date Administrator f County Attorney Bud et Department Risk Mana ement 79 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 Telephone: (772) 226-1945 Indian River County Investment Advisory Committee Quarterly Investment Report April 1, 2016 through June 30, 2016 INVESTMENT POLICY In accordance with Section 218.415, Florida Statutes, the Board of County Commissioners adopted an Investment Policy to govern the investment of county funds by the Clerk of the Circuit Court. The Policy states the primary objectives of investment activities are to preserve capital and to provide sufficient liquidity to meet the cash flow needs of the county. Investment returns are secondary to the requirements for safety and liquidity. INVESTMENT ADVISORY COMMITTEE An Investment Advisory Committee meets quarterly to review the previous quarter's investment activities, evaluate current and future liquidity needs, recommend investment strategies. The Committee consists of the Clerk of the Circuit Court, Finance Director, Internal Auditor, Budget Director, and three qualified citizens with investment or financial management expertise. The individuals who have agreed to serve are: David W. Griffis, Senior Vice President with Northern Trust Bank of Florida; Ted Libby, Senior Portfolio Manager with Cypress Capital Group; Andy Beindorf, Market President of National Bank of Commerce. AUTHORIZED INVESTMENTS As permitted by the Investment Policy, funds were invested only in the following types of investments: Federal Farm Credit Banks bonds and discount notes (FFCB), Federal Home Loan Banks bonds and discount notes (FHLB), Federal Home Loan Mortgage Corporation bonds and discount notes (FHLMC), Federal National Mortgage Association bonds and discount notes (FNMA), Treasury Notes and Bills, Florida Local Government Investment Trust (FLGIT), Other intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Act as provided in F.S. 163.0 1, Certificates of Deposit (CDs), Money Market Funds, Repurchase Agreements. BOND PROCEEDS INVESTMENT The current bond reserve is placed with Bank of New York/Mellon and is currently invested in treasury notes. 80 INVESTMENT ACTIVITY As of June 30, 2016 the investments portfolio book value was $322,546,517 with a market value of $323,048,158. Of the $322,546,517, portfolio total, $288,076,452 is restricted for the following purposes: $ 69,536,869 Special revenue projects $ 3,122,885 Debt payments for county bonds $ 65,750,074 Capital projects $ 146,716,020 Business -type activities $ 2,950,604 Escrow Funds $ 288,076,452 TOTAL RESTRICTED CASH BY FUND TYPE (PERCENTAGES) Escrow 1% Business - Type 51% Special Revenue 24% Capital Projects 23% - Debt Service 1% The weighted average maturity of the investments as of June 30, 2016 is 12 months. Yields on the individual investments ranged from 0.28% to 1.125%. The overall average yield for the quarter was 0.64%. Information on investment activity, total cash flows, interest earnings, and charts providing additional information regarding the investment of surplus funds such as the portfolio composition and maturity distribution are attached. The attached schedules list the portfolio composition and activity for the quarter ending June 30, 2016: Schedule I Portfolio sorted by type of debt instrument Schedule 2 Portfolio sorted by maturity date Schedule 3 Portfolio by maturity date bar graph Schedule 4 Portfolio by type pie chart Schedule 5 Investment purchases, calls and maturities for the quarter Schedule 6 Summary of cash flows and balances by month Schedule 7 Interest earnings summary Schedule 8 Allocation of investments by fund types (unrestricted and restricted balances) 81 1oft 82 Schedule 1 Indian River County, Florida Board of County Commissioners Investments By Type June 30, 2016 Coupon/ Purchase Maturity Years To Yield To Original 06/30/16Portfolio Investment Type CUSIP Yield Date Date Maturity Maturity Par Amount Book Value % FFCB Bullet FFCB Callable 3133EENDS 3133EEAE0 0.420% 03/27/15 09/06/16 0.19 0.046% $ 2,000,000.00 $ 1,998,857.86 FFCB Callable 3133EE3W8 0.680% 0.620% 10/30/14 07/20/15 01/30/17 0.59 0.680% $ 2,000,000.00 $ 2,000,000.00 FFCB Callable 3133EE4J6 0.780% 07/21/15 04/20/17 07/21/17 0.81 0.620% $ 2,000,000.00 $ 2,000,000.00 FFCB Callable 3133EFKMB 0.710% 10/20/15 10/20/17 1.06 1.31 0.780% $ 2,000,000.00 $ 2,000,000.00 FFCB Bullet 3133EFZR19 0.800% 02/12/16 02/12/18 1.62 0.710% $ 2,000,000.00 $ 2,000,000.00 FFCB Callable 3133EFMU8 0.950% 02/11/18 05/02/18 1.84 0.800% 0.950% $ $ 2,000,000.00 $ 2,000,000.00 FFCB Callable 3133EGFX8 1.010% 06/20/16 09/20/18 2.22 2,000,000.00 $ 2,000,000.00 1.010% $ 2,000,000.00 $ 2,000,000.00 $ 16,000,000.00 $ 15,998,857.86 5.04% FHLB -1X Call 3130A1EN4 0.500% 04/15/14 07/15/16 0.04 0.500% $ 2,000,000.00 $ 2,000,000.00 FHLB Disc 313385CG93 0.630% 03/02/16 02/24/17 0.65 0.634% $ 3,000,000.00 $ 2,981,152.50 FHLB Disc FHLB -1X Call 313385FL51 0.640% 05/18/16 05/11/17 0.86 0.644% $ 1,700,000.00 $ 1,689,180.44 FHLB -1X Call 3130ASM30 0.910% 07/06/15 07/06/17 1.02 0.910% $ 2,000,000.00 $ 2,000,000.00 FHLB Bullet 3130ASXK0 0.800% 07/28/15 07/28/17 1.08 0.800% $ 2,000,000.00 $ 2,000,000.00 FHLB Callable 3130A6LZ8 0.625% 01/20/16 10/26/17 1.32 0.858% $ 2,000,000.00 $ 1,991,780.00 FHLB Callable 3130A7MH5 1.050% 04/06/16 04/06/18 1.77 1.050% $ 2,000,000.00 $ 2,000,000.00 3130A7DB8 1.000% 02/26/18 06/04/18 1.93 1.000% $ 3,000,000.00 $ 3,000,000.00 $ 17,700,000.00 $ 17,662,112.94 5.57% FHLMC - IX Call 3134G4YR3 0.550% 04/08/14 07/08/16 0.02 0.550% $ 2,000,000.00 $ 2,000,000.00 FHLMC Disc 313396255 0.280% 09/24/15 07/22/16 0.06 0.285% $ 2,000,000.00 $ 1,995,302.22 FHLMC Disc 313396B36 0.300% 09/24/15 08/08/16 0.11 0.306% $ 2,000,000.00 $ 1,994,683.33 FHLMC Disc 313396836 0.285% 09/28/15 08/15/16 0.13 0.286% $ 2,000,000.00 $ 1,994,901.67 FHLMC Disc 313396D59 0.300% 09/29/15 08/26/16 0.16 0.301% $ 2,000,000.00 $ 1,994,466.67 FHLMC Disc 313396L92 0.400% 11/05/15 10/25/16 0.32 0.408% $ 2,000,000.00 $ 1,992,111.11 FHLMC Disc 313396N66 0.645% 12/15/15 11/07/16 0.36 0.657% $ 3,000,000.00 $ 2,982,370.00 FHLMC Disc 313397859 0.525% 02/22/16 02/10/17 0.62 0.526% $ 2,000,000.00 $ 1,989,675.00 FHLMC Disc 313397CT6 0.650% 03/14/16 03/07/17 0.68 0.662% $ 2,000,000.00 $ 1,987,072.22 FHLMC Disc 313397DL2 0.570% 03/28/16 03/24/17 0.73 0.573% $ 3,000,000.00 $ 2,982,852.50 FHLMC Disc 313397GA3 0.645% 05/31/16 05/25/17 0.90 0.649% $ 3,000,000.00 $ 2,980,703.75 FHLMC Disc 313397GR6 0.450% 06/29/16 06/09/17 0.94 0.452% $ 2,000,000.00 $ 1,991,375.00 FHLMC Callable 3134G7MH1 0.850% 08/17/15 08/17/17 1.13 0.850% $ 2,000,000.00 $ 2,000,000.00 FHLMC- 1X Call 3134G62Ct5 0.850% 05/29/15 08/25/17 1.15 0.850% $ 2,000,000.00 $ 2,000,000.00 FHLMC- SX Call 3134G7WZ0 0.900% 09/15/15 09/15/17 1.21 0.900% $ 2,000,000.00 $ 2,000,000.00 FHLMC Bullet 3137EADN69 0.750% 03/02/16 01/12/18 1.54 0.886% $ 3,000,000.00 $ 2,992,500.00 FHLMC 3137EADPI 0.875% 03/17/16 03/07/18 1.68 0.875% $ 2,000,000.00 $ 1,994,380.00 FHLMC - 1X Call 3134G8NY1 1.000% 03/23/16 03/23/18 1.73 1.000% $ 3,000,000.00 $ 3,000,000.00 FHLMC Bullet 3137EAEA3 0.750% 05/17/16 04/09/18 1.78 0.868% $ 3,000,000.00 $ 2,993,619.00 FHLMCCallable 3134G9JD0 1.000% 05/11/16 05/11/18 1.86 1.000% $ 2,000,000.00 $ 2,000,000.00 FHLMC Callable 3134G9KU0 1.000% 06/01/16 05/25/18 1.90 1.000% $ 3,000,000.00 $ 2,997,600.00 FHLMC Callable 3134G9BJ5 1.125% 04/29/16 10/29/18 2.33 1.125% $ 2,000,000.00 $ 2,000,000.00 $ 51,000,000.00 $ 50,863,612.47 16.04% FNMA Disc 313588F67 0.290% 10/13/15 09/22/16 0.23 0.295% $ 2,000,000.00 $ 1,994,602.78 FNMA Disc 313588G58 0.300% 11/02/15 09/19/16 0.22 0.301% $ 2,000,000.00 $ 1,994,633.34 FNMA Disc 313588/48 0.385% 11/17/15 10/04/16 0.26 0.386% $ 2,000,000.00 $ 1,993,112.78 FNMA Disc 313588K38 0.330% 10/27/15 10/11/16 0.28 0.331% $ 2,000,000.00 $ 1,993,583.40 FNMA Disc 3135881-29 0.330% 11/02/15 10/18/16 0.30 0.331% $ 2,000,000.00 $ 1,993,565.00 FNMA Disc 313589DW05 0.520% 05/04/16 04/03/17 0.76 0.523% $ 2,000,000.00 $ 1,990,351.11 FNMA Disc 313589ED15 0.520% 05/04/16 04/10/17 0.78 0.523% $ 2,000,000.00 $ 1,990,148.89 FNMA Disc 313589FTS 0.660% 05/31/16 05/18/17 0.88 0.664% $ 3,000,000.00 $ 2,980,640.01 FNMA Bullet 3135GOTG8 0.875% 01/20/16 02/08/18 1.61 0.917% $ 2,000,000.00 $ 1,997,800.00 $ 19,000,000.00 $ 18,928,437.31 5.97% Treasury Note 912828WX43 0.500% 07/31/14 07/31/16 0.08 0.523% $ 3,000,000.00 $ 2,998,628.97 Treasury Note 912828064 0.500% 12/05/14 08/31/16 0.17 0.500% $ 3,000,000.00 $ 3,000,000.00 Treasury Note 912828D64 0.500% 09/02/14 08/31/16 0.17 0.510% $ 3,000,000.00 $ 2,999,405.23 Treasury Note 912828F47 0.500% 12/05/14 09/30/16 0.25 0.528% $ 3,000,000.00 $ 1,998,980.00 Treasury Note 912828F47 0.500% 09/30/14 09/30/16 0.25 0.565% $ 2,000,000.00 $ 2,996,127.39 Treasury Note 9128281`88 0.375% 12/05/14 10/31/16 0.34 0.430% $ 3,000,000.00 $ 2,997,030.00 Treasury Note 912828F88 0.375% 12/05/14 10/31/16 0.34 0.574% $ 2,000,000.00 $ 1,992,500.00 Treasury Note 912828WF3 0.625% 12/15/15 11/15/16 0.38 0.719% $ 3,000,000.00 $ 2,997,421.88 Treasury Note 912828B74 0.625% 12/04/14 02/15/17 0.63 0.650% $ 3,000,000.00 $ 2,997,656.25 Treasury Note 912828/35 0.500% 11/05/15 02/28/17 0.67 0.619% $ 2,000,000.00 $ 1,996,875.00 Treasury Note 912828135 0.500% 09/16/15 02/28/17 0.67 0.636% $ 3,000,000.00 $ 2,994,120.00 1oft 82 2of2 83 Schedule 1 Indian River County, Florida Board of County Commissioners Investments By Type June 30, 2016 Investment Type CUSIP Coupon/ Purchase Maturity Years To Yield To Original 06/30/16Portfolio Treasury Note 91282862 Yield Date Date Maturity MaturityPar Amount Book Value % 0.750% 11/30/15 03/15/17 TreasuryNote 912828/92 0.500% 11/OS/15 03/31/17 0.71 0.75 0.750% $ 2,000,000.00 $ 2,000,000.00 Treasury Note 912828192 0.500% 04/30/15 03/31/17 0.75 0.623% 0.574% $ $ 3,000,000.00 $ 2,994,843.75 TreasuryNote 912828073 0.875% 12/16/15 04/15/17 0.79 0.883% $ 2,000,000.00 $ 1,997,787.50 Treasury Note 912828K66 0.500% 11/30/15 04/30/17 0.83 0.766% $ 2,000,000.00 $ 1,999,780.00 Treasury Note 912828K66 0.500% 04/30/15 04/30/17 0.83 0.594% $ 2,000,000.00 $ 1,992,500.00 Treasury Note 9128285Y7 0.625% 11/30/15 05/31/17 0.92 0.793% $ 3,000,000.00 2,000,000.00 $ 2,994,375.00 Treasury Note 912828SY7 0.625% 09/02/15 05/31/17 0.92 0.657% $ 3,000,000.00 $ $ 1,995,000.00 Treasury Note 912828WP1 0.875% 12/16/15 06/15/17 0.96 0.916% $ 2,000,000.00 $ 2,998,350.00 1,998,820.00 Treasury Note 912828X14 Treasury Note 0.625% 11/30/15 06/30/17 1.00 0.840% $ 2,000,000.00 $ 1,994,062.50 912828X14 Treasury Note 912828TG5 0.625% 09/02/15 06/30/17 1.00 0.668% $ 3,000,000.00 $ 2,997,630.00 Treasury Note 912828TM2 0.050% 0.625% 01/20/15 08/14/15 07/31/17 08/31/17 1.08 0.678% $ 3,000,000.00 $ 2,986,640.63 Treasury Note 912828TM2 0.625% 01/20/15 08/31/17 1.17 1.17 0.770% 0.710% $ $ 2,000,000.00 $ 1,994,160.00 Treasury Note 912828T59 0.625% 04/29/16 09/30/17 1.25 0.662% $ 3,000,000.00 $ 2,993,437.50 Treasury Note 912828TS9 0.625% 09/16/15 09/30/17 1.25 0.819% $ 2,000,000.00 $ 1,998,980.00 Treasury Note 912828TS9 0.875% 11/30/15 10/15/17 1.29 0.894% $ 3,000,000.00 $ 2,988,281.25 Treasury Note 912828UR9 0.750% 03/31/16 02/28/18 1.67 0.750% $ 3,000,000.00 2,000,000.00 $ $ 2,999,531.25 Treasury Note 912828UR9 0.750% 12/04/15 02/28/18 1.67 1.004% $ 3,000,000.00 $ 2,000,000.00 2,983,140.00 Treasury Note 912828/68 1.000% 12/04/15 03/15/18 1.71 1.056% $ 3,000,000.00 $ 2,996,250.00 Treasury Note 912828UU2 0.750% 03/31/16 03/31/18 1.75 0.752% $ 2,000,000.00 $ 1,999,900.00 Treasury Note 9128281-11.12 0.750% 12/04/15 03/31/18 1.75 1.051% $ 3,000,000.00 $ 2,979,390.00 Treasury Note 91282BK25 0.750% 12/07/15 04/15/18 1.79 1.071% $ 3,000,000.00 $ 2,977,710.00 Treasury Note 912828UZ1 0.625% 03/31/16 04/30/18 1.83 0.769% $ 2,000,000.00 $ 1,994,060.00 Treasury Note 912828UZ1 0.625% 02/18/16 04/30/18 1.83 0.780% $ 3,000,000.00 $ 2,989,882.50 Treasury Note 912828TS9 1.000% 11/30/15 05/15/18 1.87 1.091% $ 3,000,000.00 $ 2,993,430.00 $ 96,000,000.00 $ 95,806,086.60 30.21% Regions Bank Money Market TO Bank Money Market $31,209,448.43 9.84% BankUnited Money Market $25,137,700.54 7.84% Harbor Community Bank CD 0.850% 02/04/16 02/04/18 1.60 $31,273,168.73 9.86% Oculina Bank CD 0.880% 05/11/15 05/11/17 0.86 $3,062,166.43 0.97% TD Bank CD 0.880% 05/05/15 05/05/17 0.85 $1,010,075.13 0.32% National Bank of Commerce CD 0.600% 05/11/16 05/11/17 0.86 $6,061,408.07 1.90% Oculina Bank CD 0.880% 04/23/16 04/26/18 1.82 $6,041,018.97 1.90% Total General Cash & Equivalents $2,003,231.41 0.63% $305,057,324.89 Restricted Cash - Landfill FACC--Florida Local Govt Investment Trust -Landfill Closure & Postclosure Reserves - adjusted for fair mkt value Total Pooled Cash & Equivalents $12,100,634.74 3.82% $317,157,959.63 100.00% Restricted Cash - Health Insurance Wells Fargo - BCBS Claims Account Citibank - BCBS Imprest Acct $1,175,591.36 Total Restricted Cash - Health Insurance $84,000.00 $1,259,591.36 Restricted Cash -Bond Covenants (held by BNY/Mellon) Fidelity Institutional Treasury Money Market -Utilities Debt Service Reserve Treasury Note 912828G46 0.500% 12/01/14 11/30/16 0.42 0.530% $1,030,000.00 $16,019.37 $1,030,556.20 Treasury Note 912828XJ4 0.625% 06/30/15 06/30/17 1.00 0.688% $1,600,000.00 $1,601,696.00 Treasury Note 912828R93 0.625% 06/30/16 06/30/18 2.00 0.745% $1,480,000.00 $1,480,694.12 Total Restricted Cash - adjusted for fair market value $4,1289965.69 Total Portfolio $322,546,516.68 Note: See separate investment report for OPEB funds. 2of2 83 Schedule 2 Indian River County, Florida Board of County Commissioners Investment By Maturity Date June 30, 2016 Coupon/ Purchase Maturity Years To Yield To Original 06/30/16 Investment Type CUSIP Yield Date Date Maturity MaturityPar Amount Book Value Mo Cash Flow FHLMC - 1X Call 3134G4YR3 0.550% 04/08/14 07/08/16 0.02 0.550% $ 2,000,000.00 $ 2,000,000.00 FHLB - 1X Call 3130A1EN4 0.500% 04/15/14 07/15/16 0.04 0.500% $ 2,000,000.00 $ 2,000,000.00 FHLMC Disc 313396ZSS 0.280% 09/24/15 07/22/16 0.06 0.285% $ 2,000,000.00 $ 1,995,302.22 Treasury Note FHLMC 912828WX43 0.500% 07/31/14 07/31/16 0.08 0.523% $ 3,000,000.00 $ 2,998,628.97 $ 9,000,000.00 Disc 313396B36 0.300% 09/24/15 08/08/16 0.11 0.306% $ 2,000,000.00 $ 1,994,683.33 FHLMC Disc 313396C27 0.285% 09/28/15 08/15/16 0.13 0.286% $ 2,000,000.00 $ 1,994,901.67 FHLMC Disc 313396D59 0.300% 09/29/15 08/26/16 0.16 0.301% $ 2,000,000.00 $ 1,994,466.67 Treasury Note 912828D64 0.500% 12/05/14 08/31/16 0.17 0.500% $ 3,000,000.00 $ 3,000,000.00 Treasury Note FFCB Bullet 912828D64 0.500% 09/02/14 08/31/16 0.17 0.510% $ 3,000,000.00 $ 2,999,405.23 $ 12,000,000.00 3133EEND8 0.420% 03/27/15 09/06/16 0.19 0.460% $ 2,000,000.00 $ 1,998,857.86 FNMA Disc 313588F67 0.290% 10/13/15 09/12/16 0.20 0.295% $ 2,000,000.00 $ 1,994,602.78 FNMA Disc 31358BG58 0.300% 11/02/15 09/19/16 0.22 0.301% $ 2,000,000.00 $ 1,994,633.34 Treasury Note 912828F47 0.500% 12/05/14 09/30/16 0.25 0.528% $ 2,000,000.00 $ 1,998,980.00 Treasury Note 912828F47 0.500% 09/30/14 09/30/16 0.25 0.565% $ 3,000,000.00 $ 2,996,127.39 $ 11,000,000.00 FNMA Disc 313588J48 0.385% 11/17/15 10/04/16 0.26 0.386% $ 2,000,000.00 $ 1,993,112.78 FNMA Disc 31358BK38 0.330% 10/27/15 10/11/16 0.28 0.331% $ 2,000,000.00 $ 1,993,583.40 FNMA Disc 3135881-29 0.330% 11/02/01 10/18/16 0.30 0.331% $ 2,000,000.00 $ 1,993,565.00 FNMA Disc 3133961-92 0.400% 11/05/15 10/25/16 0.32 0.408% $ 2,000,000.00 $ 1,992,111.11 Treasury Note 9128281`88 0.375% 01/15/15 10/31/16 0.34 0.431% $ 3,000,000.00 $ 2,997,030.00 Treasury Note 912828F88 0.375% 12/08/14 10/31/16 0.34 0.574% $ 2,000,000.00 $ 1,992,500.00 $ 13,000,000.00 FHLMC Disc 313396N66 0.645% 12/15/15 11/07/16 0.36 0.657% $ 3,000,000.00 $ 2,982,370.00 Treasury Note 912828W F3 0.625% 12/15/15 11/15/16 0.38 0.719% $ 3,000,000.00 $ 2,997,421.88 $ 6,000,000.00 FFCB Callable 3133EEAE0 0.680% 10/30/14 01/30/17 0.59 0.680% $ 2,000,000.00 $ 2,000,000.00 $ 2,000,000.00 FHLMC Disc 313397BS9 0.525% 02/22/16 02/10/17 0.62 0.526% $ 2,000,000.00 $ 1,989,675.00 Treasury Note 912828874 0.625% 12/04/14 02/15/17 0.63 0.650% $ 3,000,000.00 $ 2,997,656.25 FHLB Disc 313385CG93 0.630% 03/03/16 02/24/17 0.65 0.634% $ 3,000,000.00 $ 2,981,152.50 Treasury Note 912828135 0.500% 11/05/15 02/28/17 0.67 0.619% $ 2,000,000.00 $ 1,996,875.00 Treasury Note 912828/35 0.500% 09/16/15 02/28/17 0.67 0.636% $ 3,000,000.00 $ 2,994,120.00 $ 13,000,000.00 FHLMC Disc 313397CT6 0.650% 03/14/16 03/07/17 0.68 0.662% $ 2,000,000.00 $ 1,987,072.22 Treasury Note 912828032 0.750% 11/30/15 03/15/17 0.71 0.750% $ 2,000,000.00 $ 2,000,000.00 FHLMC Disc 313397DL2 0.570% 03/28/16 03/24/17 0.73 0.573% $ 3,000,000.00 $ 2,982,852.50 Treasury Note 912828/92 0.500% 11/05/15 03/31/17 0.75 0.623% $ 3,000,000.00 $ 2,994,843.75 Treasury Note 912828/92 0.500% 04/30/15 03/31/17 0.75 0.574% $ 2,000,000.00 $ 1,997,187.50 $ 12,000,000.00 FNMA Disc 313589DW05 0.520% 05/04/16 04/03/17 0.76 0.523% $ 2,000,000.00 $ 1,990,351.11 FNMA Disc 313589ED15 0.520% 05/04/16 04/10/17 0.78 0.523% $ 2,000,000.00 $ 1,990,148.89 Treasury Note 912828C73 0.875% 12/16/15 04/15/17 0.79 0.883% $ 2,000,000.00 $ 1,999,780.00 FFCB Callable 3133EE3W 8 0.620% 07/20/15 04/20/17 0.81 0.620% $ 2,000,000.00 $ 2,000,000.00 Treasury Note 912828K66 0.500% 11/30/15 04/30/17 0.83 0.766% $ 2,000,000.00 $ 1,992,500.00 Treasury Note 9128281<66 0.500% 04/30/15 04/30/17 0.83 0.594% $ 3,000,000.00 $ 2,994,375.00 $ 13,000,000.00 FHLB Disc 313385FL51 0.640% 05/18/16 05/11/17 0.86 0.644% $ 1,700,000.00 $ 1,689,180.44 FNMA Disc 313589FT5 0.660% 05/31/16 05/18/17 0.88 0.664% $ 3,000,000.00 $ 2,980,640.01 FHLMC Disc 313397GA3 0.645% 05/31/16 05/25/17 0.90 0.649% $ 3,000,000.00 $ 2,980,703.75 Treasury Note 912828SY7 0.625% 11/30/15 05/31/17 0.92 0.793% $ 2,000,000.00 $ 1,995,000.00 Treasury Note 912828SY7 0.625% 09/02/15 05/31/17 0.92 0.657% $ 3,000,000.00 $ 2,998,350.00 $ 12,700,000.00 FHLMC Disc 313397gr6 0.450% 06/29/16 06/09/17 0.94 0.452% $ 2,000,000.00 $ 1,991,375.00 Treasury Note 912828WPi 0.875% 12/16/15 06/15/17 0.96 0.916% $ 2,000,000.00 $ 1,998,820.00 Treasury Note 912828X14 0.625% 11/30/15 06/30/17 1.00 0.840% $ 2,000,000.00 $ 1,994,062.50 Treasury Note 912828X14 0.625% 09/02/15 06/30/17 1.00 0.668% $ 3,000,000.00 $ 2,997,630.00 $ 9,000,000.00 FHLB - 1X Call 3130A5M30 0.910% 07/06/15 07/06/17 1.02 0.910% $ 2,000,000.00 $ 2,000,000.00 FFCB Callable 31331EE4.16 0.780% 07/21/15 07/21/17 1.06 0.780% $ 2,000,000.00 $ 2,000,000.00 FHLB - 1X Call 3130A5XK0 0.800% 07/28/15 07/28/17 1.08 0.800% $ 2,000,000.00 $ 2,000,000.00 Treasury Note 912828TG5 0.500% 01/20/15 07/31/17 1.08 0.678% $ 3,000,000.00 $ 2,986,640.63 $ 9,000,000.00 FHLMC Callable 3134G7MH1 0.850% 08/17/15 08/17/17 1.13 0.850% $ 2,000,000.00 $ 2,000,000.00 FHLMC - 1X Call 3134G62Q5 0.850% 05/29/15 08/25/17 1.15 0.850% $ 2,000,000.00 $ 2,000,000.00 Treasury Note 912828TM82 0.625% 08/14/15 08/31/17 1.17 0.770% $ 2,000,000.00 $ 1,994,160.00 Treasury Note 912828TM82 0.625% 01/20/15 08/31/17 1.17 0.710% $ 3,000,000.00 $ 2,993,437.50 9,000,000.00 FHLMC-1X Call 3134G7WZO 0.900% 09/15/15 09/15/17 1.21 0.900% $ 2,000,000.00 $ 2,000,000.00 Treasury Note 912828TS9 0.625% 04/29/16 09/30/17 1.25 0.662% $ 2,000,000.00 $ 1,998,980.00 Treasury Note 912828TS9 0.625% 09/16/15 09/30/17 1.25 0.819% $ 3,000,000.00 $ 2,988,281.25 $ 7,000,000.00 Treasury Note 912828F54 0.875% 11/30/15 10/15/17 1.29 0.894% $ 3,000,000.00 $ 2,999,531.25 FFCB Callable 3133EFKM8 0.710% 10/20/15 10/20/17 1.31 0.710% $ 2,000,000.00 $ 2,000,000.00 FHLB Bullet 3130A6LZ8 0.625% 01/20/16 10/26/17 1.32 0.858% $ 2,000,000.00 $ 1,991,780.00 $ 7,000,000.00 FHLMC Bullet 3137EADN69 0.750% 03/02/16 01/12/18 1.54 0.886% $ 3,000,000.00 $ 2,992,500.00 $ 3,000,000.00 FNMA Bullet 3135GOTG8 0.875% 01/20/16 02/08/18 1.61 0.917% $ 2,000,000.00 $ 1,997,800.00 FFCB Bullet 3133EFZR19 0.800% 02/12/16 02/12/18 1.62 0.800% $ 2,000,000.00 $ 2,000,000.00 Treasury Note 912828UR9 0.750% 03/31/16 02/28/18 1.67 0.750% $ 2,000,000.00 $ 2,000,000.00 Treasury Note 912828UR9 0.750% 12/04/15 02/28/18 1.67 1.004% $ 3,000,000.00 $ 2,983,140.00 $ 9,000,000.00 FHLMC 3137EADP1 0.875% 03/17/16 03/07/18 1.68 0.875% $ 2,000,000.00 $ 1,994,380.00 Treasury Note 912828/68 1.000% 12/04/15 03/15/18 1.71 1.056% $ 3,000,000.00 $ 2,996,250.00 FHLMC -1X Call 3134GBNY1 1.000% 03/23/16 03/23/18 1.73 1.000% $ 3,000,000.00 $ 3,000,000.00 Treasury Note 912828UU2 0.750% 03/31/16 03/31/18 1.75 1.051% $ 2,000,000.00 $ 1,999,900.00 Treasury Note 912828UU2 0.750% 12/04/15 03/31/18 11 1.051% $ 3,000,000.00 $ 2,979,390.00 0 47df2 $ 13,000,000.00 O Total Portfolio Note: See separate investment report for OPER funds. $322,546,516.68 85 2of2 Schedule 2 Indian River County, Florida Board of County Commissioners Investment By Maturity Date June 30, 2016 06/30/16 Coupon/ Purchase Maturity Years To Yield To Original Investment Type CUSIP Yield Date Date Maturity Maturity Par Amount Book Value Mo Cash Flow FHLB Callable 3130A7MH5 1.050% 04/06/16 04/06/18 1.77 1.050% $ 2,000,000.00 $ 2,000,000.00 FHLMC Bullet 3137EAEA3 0.750% 05/17/16 04/09/18 1.78 0.868% $ 3,000,000.00 $ 2,993,619.00 Treasury Note 9128281<25 0.750% 12/07/15 04/15/18 1.79 1.071% $ 3,000,000.00 $ 2,977,710.00 Treasury Note 91282BUZ1 0.625% 03/31/16 04/30/18 1.83 0.769% $ 2,000,000.00 $ 1,994,060.00 Treasury Note 912828UZ1 0.625% 02/18/16 04/30/18 1.83 0.780% $ 3,000,000.00 $ 2,989,882.50 $ 13,000,000.00 FFCB Callable 3133EFMU8 0.950% 02/11/16 05/02/18 1.84 0.950% $ 2,000,000.00 $ 2,000,000.00 FHLMC Callable 3134G9JD0 1.000% 05/11/16 05/11/18 1.86 1.000% $ 2,000,000.00 $ 2,000,000.00 Treasury Note 912828XA3 1.000% 11/30/15 05/15/18 1.87 1.091% $ 3,000,000.00 $ 2,993,430.00 FHLMC Callable 3134G9KU0 1.000% 06/02/16 05/25/18 1.90 1.000% $ 3,000,000.00 $ 2,997,600.00 $ 10,000,000.00 FHLB Callable 3130A7BB8 1.000% 02/28/16 06/04/18 1.93 1.000% $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 FFCB Callable 3133EGFX8 1.010% 06/20/16 09/20/18 2.22 1.010% $ 2,000,000.00 $ 2,000,000.00 $ 2,000,000.00 FHLB Callable 3134G9815 1.125% 04/29/16 10/29/18 2.33 1.125% $ 2,000,000.00 $ 2,000,000.00 $ 2,000,000.00 Sub Total- General Investments $ 199,700,000.00 $ 199,259,107.18 $ 199,700,000.00 Regions Bank Money Market $31,209,448.43 TD Bank Money Market $25,137,700.54 BankUnited Money Market $31,273,168.73 Harbor Community Bank CD 0.850% 02/04/16 02/04/18 1.60 $3,062,166.43 Oculina Bank CD 0.880% 05/11/15 05/11/17 0.86 $1,010,075.13 TD Bank CD 0.880% 05/05/15 05/05/17 0.85 $6,061,408.07 National Bank of Commerce CD 0.600% 05/11/16 05/11/17 0.86 $6,041,018.97 Oculina Bank CD 0.880% 04/23/16 04/26/18 1.82 $2,003,231.41 Total General Cash & Equivalents E 305,057,324.89 Restricted Cash - Landfill FACC-Florida Local Govt Investment Trust -Landfill Closure & Postclosure Reserves - adjusted for fair mkt value $12,100,634.74 Total Pooled Cash & Equivalents $317,157,959.63 Restricted Cash - Health Insurance Wells Fargo - BCBS Claims Account $1,175,591.36 Citibank - BCBS Imprest Acct $84,000.00 Total Restricted Cash - Health Insurance $1,259,591.36 Restricted Cash -Bond Covenants (held by BNY/Mellon) Fidelity Institutional Treasury Money Market -Utilities 1 06/30/14 $16,019.37 Treasury Note 91282BG46 0.500% 06/30/15 11/30/16 0.42 0.530% $1,030,000.00 $1,030,556.20 Treasury Note 912828XJ4 0.625% 06/30/15 06/30/17 1.00 0.688% $1,600,000.00 $1,601,696.00 Treasury Note 912828R93 0.625% 06/30/16 06/30/18 2.00 0.745% $1,480,000.00 $1,480,694.12 Total Restricted Cash - adjusted for fair market value $4,128,965.69 Total Portfolio Note: See separate investment report for OPER funds. $322,546,516.68 85 2of2 $250,000,000 $200,000,000 $150,000,000 $100,000,000 $50,000,000 $0 $229,157,953 0-12 Months Schedule 3 Indian River County Portfolio By Maturity Date June 30, 2016 $89,388,564 13-24 Months $4,000,000 25-36 Months Total Portfolio $322,546,517 86 Treasury Notes 30.21% Natl Bk Con 1.90% BankUnit Schedule 4 Indian River County Portfolio By Type June 30, 2016 FLGIT - Landfill 3.82% FFrR .r, nAO1 9.83% FHLMC 16.04% FNMA 5.97% ,ns $ Mkt 9.84% RVA Schedule 5 Indian River County Investment Purchases and Calls/Maturities Quarter Ending June 30, 2016 PURCHASES: Investment Early Description Yield to Maturittt Purchase Date Date MaturityDate Par Amount Book Value FHLB - 1X Call 1.05% 04/28/15 /16 04/06/18 $2,000,000 $2,000,000.00 Treasury Note 0.66% 02/18/14 09/30/17 $2,000,000 $1,998,980.00 FHLMC Callable 1.13% 12/10/14 /16 10/29/18 $2,000,000 $2,000,000.00 FNMA Disc 0.53% 6 04/10/17 $2,000,000 $1,990,148.89 FNMA Disc 0.52% 05/04/16 04/20/16 04/03/17 $2,000,000 $1,990,351.11 FHLMC Callable 1.00% 05/11/16 08/11/16 05/11/18 $2,000,000 $2,000,000.00 FHLMC Bullet 0.75% 05/17/16 04/09/18 $3,000,000 $2,993,619.00 FHLB Disc 0.64% 05/18/16 05/11/17 $1,700,000 $1,689,180.44 FHLMC Disc 0.66% 05/31/16 05/25/17 $3,000,000 $2,980,703.75 FNMA Disc 0.67% 05/31/16 05/12/16 05/18/17 $3,000,000 $2,980,640.01 FHLMC Callable 1.04% 06/02/16 08/25/16 05/25/18 $3,000,000 $2,997,600.00 FFCB Callable 1.01% 06/20/16 09/20/16 09/20/18 $2,000,000 $2,000,000.00 FHLMC Disc 0.45% 06/29/16 05/25/16 06/09/17 $2,000,000 $1,991,375.00 13 $29,700,000 $29,612,598.20 05/26/16 05/26/17 $1,500,000 $1,500,000.00 MATURITIES: Investment Early Description Yield to Maturit Purchase Date Call Date MaturityDate Par Amount Book Value FHLMC Disc 0.27% 04/28/15 04/06/16 $2,000,000 $1,995,413.33 Treasury Note 0.37% 02/18/14 04/15/16 $3,000,000 $2,992,148.44 Treasury Note 0.34% 12/10/14 04/15/16 $2,000,000 $1,997,656.25 FHLMC Disc 0.25% 04/28/15 04/20/16 $2,000,000 $1,995,027.78 FFCB Callable 0.43% 03/06/14 04/20/16 06/06/16 $2,000,000 $2,000,000.00 FFCB Bullet 0.55% 01/28/14 04/28/16 $2,000,000 $2,000,000.00 FHLMC Disc 0.24% 05/18/15 04/29/16 $2,000,000 $1,995,469.72 FNMA Disc 0.26% 05/28/15 05/02/16 $2,000,000 $1,995,277.78 FHLMC Disc 0.27% 05/18/15 05/09/16 $2,000,000 $1,994,645.00 FHLMC Callable 0.80% 05/12/15 05/12/16 05/12/17 $2,000,000 $2,000,000.00 Treasury Note 0.40% 02/18/14 05/15/16 $3,000,000 $2,990,156.25 FHLMC Disc 0.26% 05/28/15 05/23/16 $2,000,000 $1,994,785.56 FHLMC - 1X Call 1.05% 11/25/15 05/25/16 05/25/18 $2,000,000 $2,000,000.00 FHLB - 1X Call 0.74% 05/26/15 05/26/16 05/26/17 $1,500,000 $1,500,000.00 Treasury Note 0.39% 03/13/15 05/31/16 $2,000,000 $1,999,687.50 Treasury Note 0.38% 06/02/14 05/31/16 $3,000,000 $2,999,999.89 FFCB Bullet 0.38% 06/02/14 06/02/16 $2,000,000 $2,000,000.00 FHLMC Disc 0.28% 06/29/15 06/16/16 $2,000,000 $1,994,508.89 Treasury Bill 0.25% 06/29/15 06/23/16 $2,000,000 $1,995,093.66 FHLMC -1X Call 1.20% 12/29/15 06/29/16 06/29/18 $2,000,000 $2,000,000.00 FNMA Disc 0.28% 11/20/15 06/30/16 $3,000,000 $2,994,796.67 Treasury Note 0.50% 06/30/14 06/30/16 $3,000,000 $3,000,000.00 22 $48,500,000 $48,434,666.72 Reconciliation of Bonds Only: Beginning portfolio (03/31/16) $218,081,175.70 Total purchased 13 securities $29,612,598.20 Total matured 22 securities $48,434,666.72 Ending portfolio for quarter (06/30/16) $199.259.107.18 1of1 88 October November December January February March April May June July August September Net cash flow October November December January February March April May June July August September Net cash flow Schedule 6 Indian River County Change in Monthly Cash Flows For All Pooled Cash/Investment Accounts Comparison of Six Fiscal Years June 30, 2016 11,561,623 Fiscal Year 2010-2011 Net Chan a Month End Bal* $ (8,787,313) $ 286,139,875 $ 18,859,033 $ 304,998,908 $ 30,880,676 $ 335,879,584 $ 4,920,377 $ 340,799,961 $ 337,406 $ 341,137,367 $ (3,074,474) $ 338,062,893 $ (4,427,870) $ 333,635,023 $ (5,688,925) $ 327,946,098 $ (8,844,978) $ 319,101,120 $ (5,588,302) $ 313,512,818 $ (1,382,203)1 $ 312,130,615 $ 5,641,804 $ 306,488,811 11,561,623 47,340 Fiscal Year 2013-2014 Net Chane Month End Bal* $ (7,076,226) $ 291,236,824 $ 13,411,135 $ 304,647,959 $ 33,565,914 $ 338,213,873 $ (1,632,096) $ 336,581,777 $ (1,988,485) $ 334,593,292 $ (474,129) $ 334,119,163 $ (6,034,807) $ 328,084,356 $ (5,237,557) $ 322,846,799 $ (11,441,367) $ 311,405,432 $ (3,166,797) $ 308,238,635 $ (8,103,393)1 $ 300,135,242 $ 1,774,852 $ 298,360,390 47,340 $ (8,183,746) Fiscal Year 2011-2012 Net Chane Month End Bal* $ (7,163,713) $ 299,325,098 $ 15, 743, 556 $ 315, 068, 654 $ 31,679,255 $ 346,747,909 $ 540,328 $ 347,288,237 $ (3,953,214) $ 343,335,023 $ (4,018,678) $ 339,316,345 $ (6,018,427) $ 333,297,918 $ (5,148,326) $ 328,149,592 $ (12,048,463) $ 316,101,129 $ (5,284,467) $ 310,816,662 $ (10,999,198) $ 299,817,464 $ 1,512,399 $ 298,305,065 $ (8,183,746) $ 7,860,609 Fiscal Year 2014-2015 Net Chan a MonthEnd Bal* $ (10,422,694) $ 287,937,696 $ 19,342,864 $ 307,280,560 $ 35,786,179 $ 343,066,739 $ (285,799) $ 342,780,940 $ (2,801,802) $ 339,979,138 $ 281,107 $ 340,260,245 $ (6,111,791) $ 334,148,454 $ (4,947,796) $ 329,200,658 $ (6,122,052) $ 323,078,606 $ (8,447,944) $ 314,630,662 $ (9,274,059) $ 305,356,603 $ 864,396 $ 306,220,999 $ 7,860,609 7,985 Fiscal Year 2012-2013 Net Chane Month End Bal* $ (4,325,867) $ 293,979,198 $ 16,251,425 $ 310,230,623 $ 29,931,173 $ 340,161,796 $ 130,635 $ 340,292,431 $ (2,486,081) $ 337,806,350 $ (2,787,582) $ 335,018,768 $ (8,244,064) $ 326,774,704 $ (4,598,588) $ 322,176,116 $ (4,334,609) $ 317,841,507 $ (4,470,572) $ 313,370,935 $ (10,017,849) $ 303,353,086 $ 5,040,036 $ 298,313,050 7,985 38,033,354 *Schedule represents total assets in 801 fund -including portfolio accounts, FMV adjustments, cash in bank and utilities debt reserve. Source: Balance Sheet for fund 801 (run by month) Schedule does not include OPEB investments - see separate report. 89 Fiscal Year 2015-2016 Net Chane Month End Bal* $ (8,105,518) $ 298,115,481 $ 25,830,326 $ 323,945,807 $ 35,536,011 $ 359,481,818 $ (373,573) $ 359,108,245 $ 906,675 $ 360,014,920 $ 256,335 $ 360,271,255 $ (5,220,820) $ 355,050,435 $ (2,730,213) $ 352,320,222 $ (8,065,869) $ 344,254,353 38,033,354 *Schedule represents total assets in 801 fund -including portfolio accounts, FMV adjustments, cash in bank and utilities debt reserve. Source: Balance Sheet for fund 801 (run by month) Schedule does not include OPEB investments - see separate report. 89 i 6 90 a. sere e e ease de v o ee s o ame o eea eeo �� e IE �w w "lama H M« H H H«« N N« w N H N N N H«««« « N N N N N N N H N N N dea d° e a a e dCo a dF d2 oe �: a ve se �°'e ee �e e o dF deo dea ea se C v N N ry ............ w ------ NHwNNN N» N « H o 54W u ' E eee ... 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N^i rvn NNN i =w NN w NN««»«w«« »H«w«N a d aea eo a ae d aFP 000000000000 Xe 994ellmg r 000000000000 ° �� 3�a4se 000000000 a � 9 Y�_pinNm_ry ^aaI�s mow x ., 17t amN a�m�mwor0 a aop� • ti E w 't . N»«w»«w«NN«« wP^o�nnnn`rnnn «wwwNN««NN«« r ^$°^mm «NHN»«wN« 02'81widdi4-<o oZAI&I g44�.- oz`g 111414 6 90 Schedule 8 Indian River County Allocation of Pooled Cash and Investments By Fund Types Balance in Funds as of June 30, 2016 General Fund Special Revenue Funds Debt Service Funds Capital Project Funds Solid Waste Funds Golf Course Fund Building Fund Utilities Funds Fleet Fund Insurance Funds GIS Fund Escrow Funds Total Investments Pooled Investments $ 56,177,901 $ 69,536,869 $ 3,122,885 $ 65,750,074 $ 31,814,611 $ 804,634 $ 6,802,656 $ 80,070,003 $ 365,211 $ 25,889,097 $ 969,808 $ 2,950,604 $ 344,254,353 Schedule includes all pooled investments, FMV adjustments, and cash in bank. Schedule does not include OPEB investments - see separate report. 91 JEFFREY R. SMITH, CPA, CGFO►, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27'h Street Vero Beach, FL 32960 Telephone: (772) 226-1945 TO: Board of County Commissioners FROM: Edward Halsey, Internal Auditor y U THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: July 25, 2016 SUBJECT: Quarterly Tourist Development Tax Report for Quarter Ending 06/30/2016 BACKGROUND Attached to this memorandum is the report of the tourist development tax monies collected in Clerk's office for quarters ended June 30, 2015 and 2016. The report shows five categories of activity including short-term rentals. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached Quarterly Tourist Development Tax Report. 92 93 CONSENT AGENDA August 16, 2016 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: July 12, 2016 SUBJECT: Out of County Travel to Attend the Florida Shore & Beach Preservation Association Conference FROM: Tina Cournoyer Commissioner Assistant Authorization is requested for out -of -county travel for commissioners and staff to attend the Florida Shore & Beach Preservation Association 59th Annual Conference in Naples, Florida on September 14-16, 2016. Attachments 94 September 14-16, 2016 Naples Grande Naples, Florida Photo courtesy of Naples Marco Island Everglades CVB FLORIDA SHORE & BEACH PRESERVATION ASSOCIATION 59 T" ANNUAL CONFERENCE September 14-16, 2016 Naples Grande Naples, Florida Photo courtesy of Naples Marco Island Everglades CVB WEDNESDAY, SEPTEMBER 14,2016 Host Keynote Address: The Collier County Beach Management Program Over Two Decades Gary McAlpin, P.E., Director, Coastal Zone Management Director, Collier County • Thomas Pierro, P.E., D.CE, Director, CB&I, Boca Raton • Brett Moore, P.E., Co -Founder, Humiston & Moore Engineers, Naples Collier County Tourism and the Value of Beaches Jack Wert, Executive Director, Naples, Marco Island, Everglades Convention & Visitors Bureau, Naples Ask the Department — Project Contracting and the Annual Beach Project Application, Ranking and Selection Process Trina Vielhauer, Director, Division of Water Restoration Assistance and Alex Reed, Program Administrator, Beach Management Funding Assistance Program, Florida Department of Environmental Protection, Tallahassee Fireside Chat Series, Age before Beauty: Lessons Learned and Now Shared regarding Beach Nourishment Projects - the Good, the Bad and the Ugly Erik Olsen, P.E., President, Olsen Associates, Jacksonville R. Harvey Sasso, P.E., Coastal Systems International, Coral Gables Thomas Pierro, P.E., D.CE, Director, CB&I, Boca Raton • Michael Poff, P.E., Vice -President of Engineering, Coastal Engineering Consultants, Naples Sea Level Rise: Legal and Policy Issues for local Governments Richard Grosso, Director, Environmental & Land Use law Clinic & Professor or Law, Shepard Broad College of Law, Nova Southeastern University, Fort Lauderdale Beach Nourishment as a Management Tool to Adapt to Sea Level Rise James Houston, Ph.D., Director Emeritus, U.S. Army Engineer Research and Development Center, Vicksburg, MS THURSDAY, SEPTEMBER 15, 2016 Jacksonville District Commander's Update Colonel Jason A. Kirk, P.E., Commander, Jacksonville District, U.S. Army Corps of Engineers Regional Approaches to National Concerns Jacqueline Keiser, PG, PMP, Dredging Program Manager, Director, Regional Sediment, Regional Center of Expertise Jacksonville District, U.S. Army Corps of Engineers Policy Address: Using the Port Everglades Inlet Project to Examine and Challenge the State's Efforts to Manage Florida's Inlets Christopher Creed, P.E., Vice -President, Olsen Associates, Inc., Jacksonville and Nicole Sharp, P.E., Natural Resources Administrator, Broward County r ' A A Panel Discussion: The Hidden Costs of Building Beaches Jason Engle, P.E., Chief, Coastal Design Section, U.S. Army Corps of Engineers, Jacksonville District • Steve Boutelle, Operations Manager, Lee County Division of Natural Resources - Cliff Truitt, D.Eng., P.E., Taylor Engineering, Jacksonville • Chuck Broussard, Vice -President, Weeks Marine, Inc., Covington, LA • Bernie Eastman, Operations Manager, Eastman Aggregate Enterprises, LLC, Lake Worth Adaptive Dredge Management & Transparency: Restoring Confidence in Restoring Beaches Brett Kettle, Ph.D., BABEL-sbf Pty Ltd, Manley, Queensland, Australia FRIDAY, SEPTEMBER 16, 2016 REVISITING FLORIDA'S BEACH MANAGEMENT PROGRAM • Introduction and Opening Comments Senator Dennis Jones 2016 Keynote Address: "Beaches 2017"- A Legislative Initiative Senator Jack Latvala, (Senate Appropriations Chair, 2017-2018) Florida Senate • State Perspective: Historical Funding and Economic Benefits FSBPA • The Federal Partnership and Funding Contribution Jacqueline Keiser, PG, PMP, Director, Regional Center of Expertise, Jacksonville District, U.S. Army Corps of Engineers • Recognizing the "Coalition of Beach Interests" BEACHES 2017: FSBPA MEMBER QUESTIONS AND INPUT Santa Rosa County's Navarre Beach Nourishment Project: From Perceived Victim of the Process to Success Story Commissioner Rob Williamson, Santa Rosa County Board of Commissioners • Michael Walther, P.E., D.CE, Vice -President, Coastal Tech - G.E.C., Inc., Vero Beach • Chuck Broussard, Vice -President, Weeks Marine, Inc., Covington, LA Sharing the Experience: Local Government Considerations in determining Sand Sources for Beach Projects Dave Bullock, Town Manager, Town of Longboat Key Clam Pass: Working with Nature to Maintain a Tidal Inlet in a Natural Resource Protection Area Mohamed Dabees, Ph.D., P.E., Humiston & Moore Engineers, Naples South Siesta Key Beach Renourishment: Finished just in Time to Weather the First Tropical Storm of the Season Laird Wreford, Coastal Initiatives Manager, Sarasota County Program with times available online. Changes will be made to online program as necessary. 96 CONFERENCE HIGHLIGHTS Our focus at this annual conference and for the 2017 Legislative Session is to promote Florida's beaches as a major economic and resource management initiative. It is imperative to reestablish, post -Amendment 1, a predictable source and minimum amount of annual funding, revisit the annual project ranking process to ensure the mostsignificant and needed projects rise to the top, and jumpstart the inlet management program. We have included in this year's program — Keynotes • Hear firsthand about the concepts and strategies for a "Beaches 2017" initiative from legislative advocates for beach management, including the incoming Senate Appropriations Chairman, Senator Jack Latvala. • Meet the Collier County beach management team and learn about the unique settings and challenges of managing local beaches for two decades; and the tourism related benefits of healthy beaches. Panels • Age before Beauty? Take note of the lessons learned from Florida's coastal engineers. • Learn about the hidden costs of building beaches. Agency Updates • Don't miss Colonel Kirk's presentation and other special updates from the USACE. • Have questions about DEP's contracting and funding practices? They have answers. Policy & Projects • Examine Florida's Inlet Management Program using Port Everglades as a case study. • South Siesta Key, Navarre, Clam Pass, and much, much more! We hope you will join in these discussions, connect with other coastal professionals, attend a short course on beaches and inlets presented by Kevin Bodge, and plan an outing with Collier County to walk through mangroves, swim along reefs, or watch emerging sea turtle hatchlings at dusk. CONFERENCE FIELD TRIPS Collier County is planning three excursions for participants at the FSBPA Annual Conference. Space is limited for each excursion, and all are dependent on good weather. Registration will be available for these trips in August, and we will try to accommodate as many attendees as possible depending on interest received. 1. Turtle Nest Excavation — this group will be led by Maura Kraus on Wednesday, 9/14, from 6 p.m. until sunset. This session will discuss Collier County's turtle program, nesting history, successes, issues, accomplishments and problems along with excavating/examining recently hatched or late hatching nests. The nest excavations are exciting and must be completed before sunset so the eggs can be examined and evaluated in the light. Any hatchlings still in the nests will be immediately released. 2. Clam Pass mangrove walk and discussion - this group will be led by the Conservancy of SW Florida on Thursday, 9/15, from 2:30 to 4:00 pm. The Conservancy regularly conducts these tours and discusses ecology of the mangrove forest, habitat, benefits to the estuary and wildlife. Clam Pass is a truly unique coastal habitat and mangrove forest expressive of a predevelopment period of history. 3. Artificial reef dive trip — this group will be led by Chris D'Arco on Thursday, 9/15, from 1 to 5 PM and limited to 10 certified divers. Collier County has recently installed over $1.5M of artificial reefs off of their coast. This dive trip will visit several artificial reefs and view different levels of habitat development relative to placement date. A signed liability wavier will be required to participate in this excursion. Thursday, September 15, 2016 1:15 to 2:15 p.m. Inlets 101: Introduction to Beaches and Coastal Inlets Kevin Bodge, Ph.D., P.E., Vice -President, Olsen Associates, Inc., Jacksonville, FL 97 REGISTRATION Early Registration Through August 24, 2016 Member Registration $375 Non -Member Registration $500 Spouse $125 Full Time Students $125 Regular Registration After August 24, 2016 Member Registration $425 Non -Member Registration $550 Spouse $125 Full Time Students $125 THREE WAYS TO REGISTER ONLINE: www.fsbpa.com/annual-conference/registration.htmi FAX: 850-462-3575 MAIL: FSBPA, PO Box 13146, Tallahassee, FL 32317 To fax or mail, download the registration form from the link above The cancellation policy Is listed on the website. WHO SHOULD ATTEND? HOTEL RESERVATIONS W, , - � M -M �' Naples Grande • Naples, Florida Room Rate $149 Tower View Guest Room For reservations online, visit www.fsbpa.com/annual-conference/hotel.htmi For reservations by phone, call 1.844.210.5931 TO RECEIVE THE GROUP RATE, MENTION FSBPA To ensure that a room is available, make your reservation EARLY! The hotel will honor the group rate as long as rooms remain in FSBPA's block or by August 24, 2016 whichever occurs first. Members of the Legislature and Legislative Staff State Environmental Resource Protection Agencies City and County Commissioners City and County Environmental Resource Managers and Beach Management Coordinators Tourist Development Councils and Convention & Visitors Bureaus Coastal Engineers and Coastal Industry Interests U.S. Army Corps of Engineers Inlet Districts and other Special Interest Districts Other General Government and Coastal/Ocean Associations Environmental Groups and Alliances Coastal Geologists and Biologists Community Associations and Citizen Beach Advisory Committees Coastal Residents and other Interested Citizens EXHIBITORS/SPONSORS The FSBPA Annual Conference offers an excellent opportunity for exhibitors to meet and demonstrate their services and products. For detailed Information, please contact Teri Besse, Conference Manager, FSBPA, 850-906-9227 or teri@fsbpa.com Barefoot Beach 98 CONSENT AGENDA August 16, 2016 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: July 28, 2016 SUBJECT: Out of County Travel to attend the Public Safety Facilities Planning Seminar in Orlando, Florida FROM: Lisa Hill, Commissioners' Assistant Out of County travel is requested for Commissioners and staff to attend the Public Safety Facilities Planning Seminar, September 15 and 16, 2016 in Orlando, Florida. Attachment 99 ' Id 'cMNvTdo orva 3!)N',LSOd S'A UIS JAM ME-096ZC 'H 9MIH OrA tS w1LZ 1081 WOZ ,1 tuiy 33DH uJ rang UR?Pul OZZ 6Z£ LiJ14'fs.ss;.assiat •1�111i41ulnhhlur��ul�dr�1��P�1tNIh141Pd11dhill k J I gg l h iD p o � y N� � _: o ✓� ' c �+ E rn q c e ai f E E P 71 a Oti .M .a tom: ce $6A 06LZ£ IT!j"11 " hrcj iatu ,?RAek fib} ai,8 i)il IW 100 N bo 100 try: t i ur•r�� u ;�.Center foriSafety Research Planning, Funding and Obtaining New Public Safety Facilities Central Florida September 15 - 16, 2016 Registration Information: Tuition for the two-day seminar is $395. This includes all educational materials, lunch, transportation for the facility tours, and a reception Thursday evening. Any cancellation, up to ten calendar days prior to the seminar is fully refundable. A room block has been reserved at the Embassy Suites Orlando - North. To book accommodations, please call 800.445.8667. To receive the special room rate of $102 a night, you must use group code: "CP9" or group name: "CENTER PUBLIC SAFETY". The special room rate will be available until August 24th or until the group block is sold -out. You can also book your room online by visiting hap: ltinyuFl. coni/ ick3v5r Contact: I. Stockton K. Reeves VI Telephone: 407.647.0190 / Fax: 407.645.5525 Mailing: P.O. Box 598 • Winter Park, Florida 32790 E-mail: info@centerforpublicsafety.org Web: www.centerforpublicsafety.org Please note that our Facility Planning Seminars are reserved for public safety sector employees and elected officials only. Co -hosted by: Center for Public Safetp, Inc. and architects Design Group. r Planning Seminar: "Planning, Funding and Obtaining New Public Safety Facilities" September 15 & 16, 2016 - Orlando, Florida Registration Fee Deadline: September 2, 2016 Name & Position: — Department/Agency: Address: City, State, Zip: Phone: Fax: Email: ❑ Yes, I will attend this seminar. ❑ Here is my Registration Form and Payment ❑ 1 regret that I cannot attend. Please send me additional information. Tuition payment required to complete registration. However, please keep me on your list for future seminars events. Which facility tour would you be interested in attending OC (Please check only one.) El Police El Fire El C L la j Tuition payment required to complete registration. Check or money orders are acceptable, payable to "The Center for Public Safety, Inc." We accept credits cards. Please call for more information. www.centerfoi-publicsafety.org • infoa)centerforpublicsafety.org 101 " f w'.• ..rCenter for Public Safety Researchand Planning Planning, Funding and Obtaining New Public Safety Facilities Central Florida September 15 - 16, 2016 PAYMENT Payment required to complete registration The $395 registration fee can be made by: Check Checks need to be written out to "The Center for Public Safety" Mail to: The Center for Public Safety / P.O. Box 598 / Winter Park, FL 32790 Credit Card Visa Master Card Amex Card Holder Name: Card Number: Expiration Date: Security Code: Billing Address: City: State: Zip Code: Phone Number: Email: Signature Date 102 7/12/2016 Center For Public Safety CENTER FOR PUBLIC SAFETY The Center for Public Safety, Inc. is a research and planning firm dedicated to assisting the public safety community with obtaining new facilities through our planning seminars, spatial needs assessments and master plans. HOME WHAT WE DO SEMINAR REGISTRATION HOW TO CONTACT US i.ot:ations Seminar Information If you are contemplating a new or remodeled facility within the next five years, our seminar will provide you with "must - have" details involved in 'Planning, Funding. and Obtaining New Public Safety Facilities." 5peakcrS This seminar is designed for city and county administrators, public safety managers including police chiefs, fire chiefs and emergency management directors, and anyone responsible for decisions about planning, designing and constructing OuoteS public safety facilities. We will provide you with a step-by-step plan or "blueprint' to assist your department, agency or community in its quest to provide world-class public safety facilities for your community. The events include a variety of speakers, tours of specialized facilities and educational materials that can only be obtained by attending this seminar. Click the following links to download a PDF Registration form for the Seminar you wish to attend. Click Here to Download the Reai tration Form Click Here to Download the Seminar Brochure Our Co -host Company: lop Architects Design Groud TOP Locations Central Florida - September 15-16, 2016 Topics Obtaining Professional Services What Is a Spatial Needs Assessment Involving Your Staff Master Planning and Conceptual Design Interior Design Considerations for 2417 Facilities Building Political and Community Support Multiple Levels of Security Specialized Areas Design Considerations http://centerfc>rpublicsafety-org/seminarinfo.html 103 1/4 7/12/2016 Center For Public Safety Police Fire EOC and Communications Identifying and Pursuing Funding Opportunities Creating Sustainable Facilities Development Options The Construction Process Facility Survivability and Emerging Trends Contracts Interior Design Considerations TOP Speakers I.S.K. Reeves V, FAIA is a graduate of the University of Florida with a Bachelor of Architecture. In 1971, he founded Architects Design Group, Inc. in Winter Park, Florida and serves as its president and principal designer. Mr. Reeves contributes his law enforcement and communications center expertise in the areas of Programming, Master Planning, Operation, and Design. As Principal of Architects Design Group, Inc., he has acted in this capacity on over 120 law enforcement, communications/dispatch and public safety facility projects. Through his research and lecture series on color, building survivability, and design excellence, Reeves has been a featured guest speaker at architectural schools, design conferences, and professional organizations. His work and that of ADG have been published nationally and internationally recognized with design awards on the local, state and national level. Kevin Ratigan AIA, is a graduate of the University of Detroit, and a member of the American Institute of Architects. Mr Ratigan is recognized for his expertise in pre -design planning services. During his twenty-seven year career, he has prepared Spatial Needs Assessments for numerous law enforcement entities and is particularly knowledgeable in the areas of strategic planning and project construction delivery options. Among the important issues affecting how a law enforcement department will proceed with achieving a new facility is the pursuit of State and National Accreditation. Mr. Ratigan is knowledgeable on all aspects of Facility Design Standards and how adapting standards to the facility. Ian Reeves, AIA, is the Law Enforcement Design Specialist for Architects Design Group, Inc. Mr. Reeves received his Bachelor of Architecture from the University of New Mexico and a Master of Architecture from the University of Florida. Mr. Reeves has dedicated his architecture career to law enforcement facility design, and has served as project manager for numerous Law Enforcement projects for the last twelve years. Mr. Reeves is a graduate of the City of Winter Parks Citizen Police Academy and the Orange County Citizens Sheriff Academy. He is a member of the International Association of Police Chiefs and the Florida Chiefs Association. Stockton Reeves is the Executive Director of the Center for Public Safety (CPS) an organization that provides research and planning expertise to law enforcement, fire services and emergency communications clients. He works with municipal, parish and county clients helping them to obtain voter approval for bond and voter referendum. He also works with candidates for public office. Mr. Reeves is a veteran of 103 candidate, bond and voter education efforts since 1992. He has also written, supervised and conducted political and issue polling in 17 different states across the nation. Over the past three election cycles, Mr. Reeves' candidates have been successful in 84.61 % of their efforts and campaigns. Mr. Reeves received his Bachelor of the Arts degree in Political Science from the University of Florida and his O.B.A. from the Crummer Graduate School at Rollins College and is a member of The International Association of Law Enforcement Planners TOP Quotes "This was one of the best experiences I've had in my 30+ years of criminal justice experience. The approach and attention to detail was unsurpassed. I recommend this seminar as the beginning point for any project, especially early in conceptualization " Lt. Daniel Chitwood 104 httoJlcenterforouNicsafety.orci/serninarinfo.htm 1 214 7/12/2016 Center For Public Safety "Would strongly reco✓nmend this seminar for any agency considering a new facility, " Chief Fred A.M. Cobb "Sending my Assistant Chief next year!" Chief Morris Westbrooks After seeing what was presented here, our Police Department is so bad it should be a crime." Chief Gary Knowles "Excellent... must attend if serious about planning a new facility." Patrolman Christopher Stark 'All personnel involved in planning and building projects should attend this type of seminar." Director Randy Bengston "Valuable seminar on obtaining the necessary information regarding the entire process ofbuilding a new facility " Sergeant Thomas Falco, Jr. "Very good information to use when considering facility planning. The seminar covered many topics that one may not have been previously exposed to." Michael Pruitt, Training Coordinator 'I will be sending my personnel to next year's seminar. Additionally, 1 will be encouraging my City Manager to attend." Chief David Sargeant "Excellent first step in consideration ofhow to plan and design a building." Captain Greg Policastro 'With the lectures combined with the tours the seminar really provided a well rounded knowledge about the whole process " Chief Michael D. Healy "The knowledge learned about involving the community to get support behind your project is invaluable. I would recommend that City Hall staff attend this seminar so they have a better understanding of the process. " Sergeant Glenn Galt "Very well organized presentation of valuable information. Thoroughly detailed, explicit." Gene Hellman, AIA "Definitely, attend whether you've got a project or not. Every fire service administrator should attend this program " Fire Chief Harry Small 'This was an excellent course and the handout/manual was fantastic." Commander David Rivero "This was not only a wonderful and informative presentation experience, it was a top notch chance to network with public safety professionals." Mayor Mecca Fink "It was an eye-opener. A great deal ofinformation that will be extremely helpful during the process of securing a new facility" Capt. Rick Perez "The tour of the construction site was very enlightening. Speakers were very knowledgeable and enthusiastic." Jaime Torres "Most importantly, l was given a structure or road map to follow and use as a resource as we move forward in our project " Lt. Sheldon Schmitt 'A verygood overall look at the total process." Div. Chief Jeffrey L Haston "I cannot express enough how this course has made the funding, planning, and SALES ofall ofthese new projects possible. The insight and comprehensiveness of this seminar was irreplaceable " Bat. Chief Larrie Hedrick http://centerforpubl icsafety.org/sem inarinfo. htm I 105 314 7/12/2016 Center For Public Safety Hk )t c r -f Gis7 WI I"j ." ViliAl VVE D") i copyright 2014 CENTER FOR PUBLIC SAFETY CPS Blog 106 htto://centerforoubl i csafetv.ora/semi nari nfo.htm I 4/4 DvIan Reingold, Count-%- Attornev William K. DeBraal, Deputy' Count- Attornev Kate Pingolt Cotner, Assistant Counry Attorney Consent Agenda - B. C.C. 8.16.16 Office of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: August 2, 2016 ATTORNEY SUBJECT: Work Order No. 4 with Atkins North America, Inc. for Engineering Review and Summary of All Aboard Florida Drainage Reports and Calculations BACKGROUND. On November 13, 2015, the St. Johns River Water Management District (the "District") received an Individual Environmental Resource Permit ("ERP") application for the All Aboard Florida project (the "Project"). Specifically, the ERP application is for Segment D08 of the Project which spans approximately 67 miles from SR 528 in eastern Brevard County to the Indian River County — St. Lucie County Line. The ERP application includes bridge work at Horse Creek, Goat Creek, North Canal, Main Canal and South Canal along with work in multiple areas involving installation of additional tracks requiring stormwater treatment. Since November 13, 2015, All Aboard Florida — Operations, LLC has submitted additional information to the District concerning the Project. As of the date of this memorandum, the District permit is still pending. Additionally, All Aboard Florida — Operations, LLC is also seeking a permit from the United States Army Corps of Engineers for that portion of the Project from Orlando to West Palm Beach. As of the date of this memorandum, the United States Army Corps of Engineers permit is also still pending. Approved for August 16, 2016 BCC Meeting Consent Agenda z ,--�- COUNTY ATTORNEY Indian River Co. Apr ved Date Admin. g /) Co. Atty. Budget Department (PW) WZ Risk Management --- --- F.4, m) LindmGF..\BR4L d ('CAgenda Memos dll anaard Florida Dismcr Fermtrs-.4rr:ns.doc 107 0^7 Board o f County Commissioners August 2, 2016 Page Tiiw As both the District and the United States Army Corps of Engineers permits are pending and under review by the agencies, the Public Works Department, at the direction of the County Attorney's Office, requested a scope of work from Atkins North America, Inc. to review the drainage issues associated with both permit applications. Indian River County has previously entered into a Continuing Contract Agreement for Professional Services with Atkins North America. Inc.. dated November 15, 2011, and an Extension and Amendment of Continuing Contract Agreement for Professional Services with Atkins North America, Inc., dated November 4, 2014. Atkins North America. Inc. submitted a scope of work for a total cost of $26,926 to perform the work outlined in the scope of work. As both permits are pending and under review by the agencies, pursuant to Resolution No. 2016-058, the County Administrator executed Work Order No. 4 with Atkins North America, Inc., to perform the work outlined in the scope of work. FUNDING. Funding for the $26,926 for Work Order No. 4 will come from Account Number 00110214-033190- 15023, General Fund/County Attorney/All Aboard Florida/Other Professional Services. RECOMMENDATION. The County Attorney's Office recommends that the Indian River County Board of County Commissioners ratify Work Order No. 4 with Atkins North America, Inc. executed by the County Administrator per Resolution No. 2016-58 and authorize the Chairman to execute Work Order No. 4 and any and all other documents necessary to effectuate Work Order No. 4. ATTACHMENT(S). Work Order No. 4 with Atkins North America, Inc. F-.4rromev LLda CE\'EIUL B CC.4ge,da Ile—s.111 Ab -rd florid, D—ct Per 1, -AA rns. d- 108 Board of County Commissioners 1801 27th Street Vero Beach, Florida 32960 Telephone: (772) S67-8000 FAX: (772)-778-9391 Professional Design Services For Engineering Review and Summary of All Aboard Florida Drainage Reports and Calculations Within Indian River County, Florida Submitted to SJRWMD and ACOE WORK ORDER NO. 4 (Engineering Division) FOR EXTENSION AND AMENDMENT TO CONTINUING CONTRACT AGREEMENT FOR PROFESSIONAL SERVICES CONTRACT, NOVEMBER 4, 2014 WITH ATKINS NORTH AMERICA, INC. All services performed under this contract shall be supervised and certified by a licensed Professional Engineer (PE) registered with the State of Florida and staff employed directly with your firm. Scope of Services Indian River County (County) is requesting an engineering review of the drainage reports and calculations submitted in support of applications made to the Saint Johns River Water Management District (SJRWMD) and U.S. Army Corps of Engineers (USACE). The intent is to review the submitted reports and calculations in comparison with the agency permitting requirements and provide a review summary and a list of items that require additional information. All work shall be performed in accordance with the attached Proposal dated July 22, 2016 (Exhibit A) and shall comply with Standards enumerated in the Continuing Contract Agreement for Professional Services, dated November 15, 2011, and that certain Extension and Amendment of Continuing Contract Agreement for Professional Services. Effective Date: November 4, 2014. COMPENSATION. The COUNTY agrees to pay, and ATKINS NORTH AMERICA, INC., agrees to accept, $26,926.00 for services rendered according to the Proposal dated July 22, 2016, identified in the attached EXHIBIT A, incorporated by reference herein. 109 Work Order No. 4 Engineering Review and Summary of All Aboard Florida Drainage Reports and Calculations July 22, 2016 TIME FOR COMPLETION ATKINS NORTH AMERICA, INC., will perform the professional services within the time frame outlined in Section 3 of attached EXHIBIT A. IN WITNESS HEREOF the parties hereto have executed these presents This day of OWNER BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman Approved by BCC ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Approved as to Form and Legal Sufficiency: William K. DeBraal, Deputy County Attorney N Jason E. row ,.County-70ministrator Per Res lutio No. 2016-0S8 , 2016. ATKINS NORTH AMERICA, INC. Matth ylor, P.E., Division Manager Witnessed by: LZ---�4 hc- (Printed name) CAUserskszpyrk&\Desktop\WO No. 4 Atkin 7-26- 16.doc 110 Exhibit "A" Proposal to Provide Professional Engineering Services for Indian River County - GEC Task Order Engineering Review and Summary All Aboard Florida Drainage Report and Calculations Within Indian River County, Florida ATKINS Indian River County (County) is requesting an engineering review of the drainage reports and calculations submitted in support of applications made to the Saint Johns River Water Management District (SJRWMD) and U.S. Army Corps of Engineers (USACE). The intent is to review the submitted reports and calculations in comparison with the agency permitting requirements and provide a review summary and a list of items that require additional information. At the request of the County, ATKINS (Consultant) has prepared a scope of services for providing this review for the drainage reports and calculations as follows: SECTION 1 SCOPE OF SERVICES TASK 1: DRAINAGE REPORTS, CALCULATIONS AND AGENCY RAI REVIEW Atkins will review the supporting drainage reports and calculations for the applications made to SJRWMD and USACE for the proposed railway improvements within Indian River County to develop a technical understanding of the criteria, assumptions and design methodology used for the drainage design. Using County provided application/permit numbers, the Consultant will submit requests to both agencies to obtain the documents for review. Items to be reviewed include the following: • Drainage design methodology and assumptions, • Design drainage basin delineation, • Cross drain design, • Run-off Curve number calculations, • Roadway crossing and Railway track stormwater management, • Water Quality calculations. The Consultant will also review agency (SJRWMD and USACE) issued Requests for Additional Information along with the subsequent re -submittal from the applicant. Two such reviews are anticipated, assuming one RAI being issued from each agency. TASK 2: REVIEW SUMMARY AND REQUEST FOR ADDITIONAL INFORMATION (RAI) Based on the findings in Task 1 the Consultant will prepare a review summary and a request for additional information (RAI) to address areas of concern. This task includes a meeting or conference call with County staff to discuss the summary and RAI. July 22, 2016 Pagel of 3 111 ATKINS TASK 3: REVIEW AND REVIEW SUMMARY OF SJRWMD AND USACE REPORTS AND PERMITS In the event the SJRWMD and/or the USACE issues a permit, the Consultant will review the issued SJRWMD and/or USACE permits with associated staff reports. Based on that review, the Consultant will prepare a summary of the permits, permit conditions and staff reports identifying discrepancies or errors found in such permits, permit conditions and staff reports. This task include a meeting with the County staff to discuss the summary and findings. Consultant may also serve as an expert witness in an administrative hearing or litigation, for which services will be addressed under a separate Task Order. SECTION 2 ASSUMPTIONS AND EXCLUSIONS 1. Application fees, impact fees and any other fees required by regulatory agencies are considered a direct expense to the County. 2. The following assumptions apply to this scope of services: • The County will provide the Consultant with the permit/application reference numbers for both agencies (SJRWMD and USACE). The Consultant will make the document request to the agencies for direct transmittal of the permitting documents. It is assumed the documents will be readily provided by the agencies, with no need for multiple or special requests. • The Consultant will evaluate the drainage calculations and design based on existing jurisdictional agency permitting requirements and standard engineering design. 3. Design and permitting is not included in this proposal. 4. Meetings with jurisdictional agencies is not included in this scope. 5. The following items are not included in this scope of work: • Survey. • Wetland and Endangered Species consulting or evaluation and review. • Drainage design or permitting. • Cadd drafting or computer modeling. 6. The review, summary and RAI's are limited to the available information obtainable from the permitting agencies and the task budgets provided in the attached summary. If there are additional tasks or review time that appear warranted, the Consultant will advise the County to request direction. SECTION 3 SCHEDULE & DELIVERABLES The following schedule is anticipated for: A. Twenty-eight calendar days from NTP or availability of Agency provided documents: • Task 1 — Drainage Reports, Calculations, Agency RAI Review July 22, 2016 Page 2 of 3 112 ATKINS B. Fourteen calendar days from completion of Task 1: • Task 2 — draft Review Summary and RAI. • Schedule review meeting or conference call with County Staff C. Seven calendar days from review meeting: • Final Review Summary and RAI D. Twenty-one calendar days from availability of last issued permit: • Task 3 — Permit Review Summary • Review meeting with County to follow based on County staff availability The following deliverables will be provided to the County: A. Draft Review Summary and RAI (via electronic file transfer — pdf). B. Final Review Summary and RAI (3 hardcopies and 1 pdf). C. Permit Review Summary Q hardcopies and 1 pdf). SECTION 4 COMPENSATION The proposed scope of services will be provided on a lump sum basis administered pursuant to the provisions of our master contract dated September 15, 2010, and invoiced monthly based on the percentage of completion of the overall project. Task 1: Drainage Reports, Calculations, and RAI Review $ 11,425 Task 2: Review Summary and RAI Task 3: Permit Review Page 3 of 3 $ 6,428 $ 9,073 TOTAL $ 26,926 July 22, 2016 113 114 MAN HOUR BREAKDOWN Project: BY: IRC - GEC - AAF Drainage Review JHW DATE: 7/15/2016 TASKDESCR1PT1ON PROGRAM MGR SR ENG III/ PM SR ENG I ENG I CAD DESIGNER Task 1 - Drainage Review Review Report, Calculations and RAls 14.0 68.0 Subtotal 0.0 14.0 68.0 0.0 0.0 Task 2 - Summary and RAI Project Management 1.0 2.0 County Meetings 1 and minutes 4.0 4.0 Review summary and RAI 4.0 22.0 QAQC 1.0 2.0 2.0 Subtotal 2.0 12.0 28.0 0.0 0.0 Task 3 - Issued Permit Review Permit Reviews 1.0 8.0 32.0 County Meetings 1 and minutes 4.0 4.0 Permit Review Summary 2.0 8.0 QAQC 1.0 2.0 2.0 Subtotal 2.0 16.0 46.0 0.0 0.0 Not Used Subtotal 0.0 0.0 0.0 0.0 0.0 Not Used Subtotal 0.0 0.0 0.0 0.0 0.0 Not Used Subtotal 0.0 -74-3-1-42.0 0.0 0.0 0.0 0.0 TOTAL HOURS 142.0 0.0 0.0 114 CONSENT: 8/16/16 - Of ce of INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners �#p FROM: William K. DeBraal - Deputy County Attorney DATE: August 9, 2016 ATTORNEY SUBJECT: Resolutions Canceling Taxes on Properties Purchased by Indian River County for Public Purpose Two resolutions have been prepared for the purpose of canceling any delinquent or current taxes which may exist on the below listed properties purchased by Indian River County: Tax Parcel I.D. # 31-39-20-00000-7000-00007.3 Purchased from: Jane Schnee Description/Location: 2050 Barber Street, Sebastian, Florida Instrument: Warranty Deed, recorded in Book 2935, Page 1697 Public Purpose: conservation; compatible passive recreation; and future Mitigation credit for Public Works projects Tax Parcel I.D. # 32-39-17-00002-0010-00010.0; 32-39-17-00002-0010-00013.0; 32-39-17-00002-0010-00014.0; 32-39-17-00002-0010-00015.0; 32-39-17-00002-0010-00016.0 Purchased from: Bent Pine Golf Club, Inc. Description/Location: 5775, 5745, 5735, 5725 and 5715 58th Avenue, Vero Beach, Florida Instrument: Warranty Deed, recorded in Book 2935, Page 1004 Public Purpose: future right-of-way expansion and/or linear retention pond Approved for August 16, 2016 BCC Meeting CONSENT OUNTY ATTORNEY Indian River Co. Appr ved Date Admin. 91)i Co. Atty. Budget 101ill Department --- --- Risk Management I --- I --- 115 FUNDING: There is no cost associated with this item. RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute the attached two Resolutions to cancel certain taxes upon publicly owned lands, and the Clerk to send a certified copy of same to the Tax Collector and the Property Appraiser so that any delinquent or current taxes can be cancelled. /nhm Attachments: Resolutions cc: Carole Jean Jordan - Tax Collector David Nolte - Property Appraiser 0� 116 Parcel No. 31-39-20-00000-7000-00007.3 Purchased by Indian River County from Jane Schnee Public Purpose: for conservation; compatible passive recreation; and future mitigation credit for Public Works projects RESOLUTION NO. 2016- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 1 117 RESOLUTION NO. 2016 - to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. Any and all liens for taxes delinquent or current against the following described lands purchased from Jane Schnee for conservation; compatible passive recreation and future mitigation credit for Public Works projects, are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached Warranty Deed recorded in Book 2935, Page 1697, Public Records of Indian River County, Florida. 2. The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this resolution to the Tax Collector and the Property Appraiser with a copy to each of Fixed Assets, Budget, and the County Attorney's Office. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: 2 118 RESOLUTION NO. 2016 - Bob Solari, Chairman Joseph E. Flescher, Vice Chairman Wesley S. Davis Tim Zorc Peter D. O'Bryan The Chairman thereupon declared the resolution duly passed and adopted this day of August, 2016. ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller M Deputy Clerk BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA In Tax Certificates Outstanding — V-1, Yes No Current Prorated Tax Received and Deposited With Tax Collector Bob Solari, Chairman 3 119 120160028698 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL tK: 2935 PG: 1697,5/19/2016 11:45 AM D DOCTAX PD $784.00 This Instrument Prepared by and Return to: Jason Beal Atlantic Coastal Land Title Company, LLC 855 21 st Street, Suite C Vero Beach, Florida 32960 Our File No.: 46082320 Property Appraisers Parcel Identification (Folio) Number: A Portion of 31-39-20-00000-7000-00007/3 Florida Documentary Stamps in the amount of $784.00 have been paid hereon. Space above this line for Recording Data WARRANTY DEED THIS WARRANTY DEED, made the I Y day of May, 2016 by Jane Schnee, whose post office address is 1022 Foster Road Apt A, Sebastian, FL 32958. herein called the Grantor, to Indian River County, a Political Subdivision of the State of Florida, whose post office address is 1801 27th Street, Vero Beach, FL 32960, hereinafter called the Grantee: (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) W I T N E S S E T H: That the Grantor, for and in consideration of the sum of Ten and 00/100 ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee all that certain land situate in INDIAN RIVER County, State of Florida, viz.: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Subject to easements, restrictions and reservations of record and taxes for the year 2016 and thereafter. The Grantor herein warrants and avers that Grantor does not reside on the lands conveyed hereby, nor on contiguous land; nor does any member of Grantor's family dependent upon Grantor for support. The Grantee is purchasing the property for the public benefit of acquiring native scrub land for conservation and for compatible passive recreation and the Grantee shall maintain and manage the habitat on said Barber Street property for Florida Scrub Jays, in perpetuity. 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 the 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, and hereby 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, 2015. File No.: 46082320 Ln 120 'K: 2935 PG: 1698 IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. State of Florida County of Indian River Ua� (Seal) ne Schnee The foregoing instrument was acknowledged fore me this L"� day of May, 2016, by Jane Schnee, who is personally known to me or has produced tr Z, as identification. SEAL Notary Public Printed Notary Name My Commission ""•>� ro' Notar JASON A. BEAL �`� = M Y Public -State of Florida Y Comm. Expires Oct 11, Commission 2016 Bonded ihrou 9 h EE 836130 National Notary Assn. File No.: 46082320 Ln 121 :K: 2935 PG: 1699 Exhibit "A" LEGAL DESCRIPTION COMMENCING AT THE SOUTHEAST CORNER OF SECTION 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA; THENCE NORTH 00 DEGREES 33 MINUTES 15 SECONDS EAST ALONG THE EAST LINE OF SAID SECTION 20, FOR A DISTANCE OF 1298.48 FEET TO THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER; THENCE SOUTH 89 DEGREES 18 MINUTES 21 SECONDS WEST, FOR 1324.74 FEET TO THE WEST RIGHT-OF-WAY LINE OF BARBER STREET (HAVING AN 80 FOOT RIGHT-OF-WAY) AS SHOWN ON THE PLAT RECORDED IN PLAT BOOK 14, PAGE 97, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID POINT BEING THE POINT OF BEGINNING; THENCE SOUTH 0 DEGREES 13 MINUTES 13 SECONDS EAST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 264.04 FEET TO THE POINT OF CURVATURE OF A CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 200.00 FEET; THENCE SOUTHWEST ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 68 DEGREES 00 MINUTES, A DISTANCE OF 237.37 FEET; THENCE SOUTH 67 DEGREES 46 MINUTES 47 SECONDS WEST, A DISTANCE OF 232.68 FEET TO THE POINT OF CURVATURE OF A CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 3608.37 FEET; THENCE SOUTHWEST ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 2 DEGREES 14 MINUTES 43 SECONDS, A DISTANCE OF 141.40 FEET; THENCE SOUTH 65 DEGREES 32 MINUTES 04 SECONDS WEST, A DISTANCE OF 666.04 FEET TO THE POINT OF CURVATURE OF A CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 476.87 FEET; THENCE WEST ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 23 DEGREES 58 MINUTES 55 SECONDS, A DISTANCE OF 199.60 FEET; THENCE SOUTH 89 DEGREES 30 MINUTES 59 SECONDS WEST, A DISTANCE OF 70.19 FEET TO A POINT ON THE EAST LINE OF THE PLAT OF SEBASTIAN HIGHLANDS, UNIT 17, AS RECORDED IN PLAT BOOK 8, PAGE 46, ALSO BEING THE WEST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 20; THENCE NORTH 0 DEGREES 31 MINUTES 44 SECONDS WEST ALONG SAID LINE, A DISTANCE OF 589.98 FEET TO THE POINT ON THE SOUTH LINE OF PALM LAKE CLUB, AS RECORDED IN PLAT BOOK 13, PAGE 47; THENCE SOUTH 89 DEGREES 40 MINUTES 38 SECONDS EAST ALONG SAID LINE, A DISTANCE OF 1332.37 FEET; THENCE NORTH 0 DEGREES 05 MINUTES 58 SECONDS EAST, A DISTANCE OF 330.63 FEET; THENCE NORTH 89 DEGREES 18 MINUTES 21 SECONDS EAST, A DISTANCE OF 11.11 FEET MORE OR LESS TO THE POINT OF BEGINNING. LESS AND EXCEPT: A 30.00 -FOOT BY 45.00 -FOOT UTILITY EASEMENT LYING WITHIN THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORD BOOK 2519, PAGE 817 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FLORIDA, BEING IN THE SOUTHEAST 1/4 OF SECTION 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST. SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE PLAT OF PALM LAKE CLUB -PHASE II, AS RECORDED IN PLAT BOOK 14, PAGE 10 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE RUN NORTH 89 DEGREES 4 MINUTES 00 SECONDS WEST, ALONG THE SOUTH LINE OF SAID PLAT, A DISTANCE OF 213.04 FEET TO A POINT; THENCE RUN SOUTH 00 DEGREES 56 MINUTES 00 SECONDS WEST, PERPENDICULAR TO THE SOUTH LINE OF SAID PLAT, A DISTANCE OF 129.65 FEET TO THE POINT OF BEGINNING, SAID POINT LYING 30.00 FEET NORTH OF, AND PERPENDICULAR TO, THE EXISTING NORTH RIGHT-OF-WAY LINE OF BARBER STREET (80.00 -FOOT RIGHT-OF-WAY). THENCE RUN SOUTH 21 DEGREES 36 MINUTES 35 SECONDS EAST, PERPENDICULAR TO SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 30.00 FEET TO A POINT ON SAID NORTH RIGHT-OF-WAY LINE; THENCE RUN SOUTH 68 File No.: 46032320 Ln 122 IK: 2935 PG: 1700 DEGREES 23 MINUTES 25 SECONDS WEST, ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 45.00 FEET TO A POINT; THENCE, LEAVING SAID RIGHT-OF-WAY LINE, RUN NORTH 21 DEGREES 36 MINUTES 35 SECONDS WEST, ALONG A LINE PERPENDICULAR TO SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 30.00 FEET TO A POINT; THENCE RUN NORTH 68 DEGREES 23 MINUTES 25 SECONDS EAST, PARALLEL WITH AND 30.00 FEET NORTHERLY OF SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 45.00 FEET TO THE POINT OF BEGINNING. File No.: 46082320 LTF 123 Transaction # 2024530 Cashier; dlg Paid By: Details ATLANTIC COASTAL LAND TITLE CO 855 21ST STREET - SUITE C VERO_SE_ACH_,_FL _32_9_60_ _ _ _ _ _ _ Posted Date: -------------------------- 05/24/2016 09:52AM Received Via: -----_1 Mall __-------- Num. Items: ---------------------- (GOVT Total Tendered: ----------------------- $644.52 Receipt M --------156025 140-00000358 Batch ------140--------- ------- Drawer: - —Complete Status: Details Carole Jean Jordan Indian River County Tax Collector PO Box 1509, Vero Beach, FL 32961-1509 Receipt Item Details Effective Due Paid ------- —------- ------- Date Advance 31-39-20-00000-7000-000 3 ------------ 05/24/2016 $644.52 $644.52 Deposit 2016 PRORATED TAXES- OVT (GOVT PURCHASE - SCHNEE/IRC PURCHL__---__ --- - -------------- — -------- Total; --=-----------------------$644.52---- ------—----—------ - - $644_52 - ----------------------------------------- Payment Details Paid Check Acc#XXXXO Chk#8283 $644.52 Balance: $0.00 124 Parcel Nos. 32-39-17-00002-0010-00010.0; 32-39-17-00002-0010-00013.0; 32-39-17-00002-0010-00014.0; 32-39-17-00002-0010-00015.0; and 32-39-17-00002-0010-00016.0 Purchased by Indian River County from Bent Pine Golf Club, Inc. Public Purpose: for future right-of-way expansion and/or linear retention pond RESOLUTION NO. 2016- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 1 125 RESOLUTION NO. 2016 - to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. Any and all liens for taxes delinquent or current against the following described lands purchased from Bent Pine Golf Club, Inc., a nonprofit Florida corporation for future right-of-way expansion and/or linear retention pond, are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached Warranty Deed recorded in Book 2935, Page 1004, Public Records of Indian River County, Florida. 2. The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this resolution to the Tax Collector and the Property Appraiser with a copy to each of Fixed Assets, Budget, and the County Attorney's Office. The resolution was moved for adoption by Commissioner and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: 2 urrent Prorated Tax Received and res No Deposited With Tax Collector $ 126 RESOLUTION NO. 2016 - Bob Solari, Chairman Joseph E. Flescher, Vice Chairman Wesley S. Davis Tim Zorc Peter D. O'Bryan The Chairman thereupon declared the resolution duly passed and adopted this day of August, 2016. ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller la Deputy Clerk BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Tax Certificates Outstanding Yes No Current Prorated Tax Received and Deposited With Tax Collector $ Bob Solari, Chairman 3 127 120160028465 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL ,K: 2935 PG: 1004,5/18/2016 12:36 PM D DOCTAX PD $357.00 Frgl2ared by and return to: Kevin M. Barry Partner Rossway Swan Tierney Barry Lacey & Oliver P.L. 2101 Indian River Blvd. Suite 200 Vero Beach, FL 32960 772-231-4440 File Number: 1807-004 rSpace Above This Line For Recording Data) Warranty Deed This Warranty Deed made this 16th day of May, 2016, between Bent Pine Golf Club, Inc., a Florida not- for-profit corporation, whose post office address is 6001 Club House Drive, Vero Beach, FL 32967, Grantor, and Indian River County, a political subdivision of the State of Florida, whose post office address is 1801 27th Street, Vero Beach, FL 32960, Grantee: (Whenever used herein the terns "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of It, individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said Grantor, for and in consideration of the stun of Ten and no/100 ($10.00) Dollars and other valuable considerations, the receipt of which is hereby acknowledged, hereby grants, bargains, sells, alienates, remises, releases, conveys and confirms unto Grantee, all that certain land situate in Indian River County, Florida, to -wit: Parcel 1: Lots 10 and 11, Block 1, King's Music Lands, according to the map or plat thereof as recorded in Plat Book 6, Page 17, Public Records of Indian River County, Florida. Parcel Identification Number: 32- 39-17-00002-0010-00010/0. Parcel 2: Lot 13, Block 1, King's Music Lands, according to the map or plat thereof as recorded in Plat Book 6, Page 17, Public Records of Indian River County, Florida. Parcel Identification Number: 32-39-17- 00002-0010-00013/0. Parcel 3: Lot 14, Block 1, King's Music Lands, according to the map or plat thereof as recorded in Plat Book 6, Page 17, Public Records of Indian River County, Florida. Parcel Identification Number: 32-39-17- 00002-0010-00014/0. Parcel 4: Lots 15 and 16, Block 1, King's Music Lands, according to the map or plat thereof as recorded in Plat Book 6, Page 17, Public Records of Indian River County, Florida. Parcel Identification Numbers: 32- 39-17-00002-0010-00015/0 2- 39-17-00002-0010-00015/0 and 32-39-17-00002-0010-00016/0. Subject to the following: Taxes subsequent to December 31, 2015; and 2. Covenants, conditions, restrictions, easements, and limitations of record, without thereby reimposing the same, and all applicable zoning ordinances; And said Grantor, subject to the foregoing, does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. 128 tK: 2935 PG: 1005 To Have and to Hold, the Property in fee simple forever. In Witness Whereof, Grantor has hereunto set Grantor's hand and seal on the dates below written. Signed, sealed and delivered in our presence: gne Le': '1J o Witness Name: rn STATE OF FLORIDA COUNTY OF INDIAN RIVER "Grantor" Bent Pine Golf Club, Inc., a Florida not-for-profit corporation By: enneth Watson, President (Corporate Seal) The foregoing instrument was acknowledged and sworn to before me this 3 Watson, as President of Bent Pine Golf Club, Inc., a Florida not-for-profit corporation, ho iday of May,2016ackno 1 dgen and swear before me that said person executed the foregom strument for the uses and purposes therein set forth on behalf of said corporation. I further state that (check one) I have exanined the current driver's license of the aforesaid person or _ I am familiar with the identity of the aforesaid person and have confirmed said per on's identi Warranty Deed - Page 2 Printed Name: S6e(6 SL j2os v► My Commission Expires: al ,/app 7 DoubleTimee 129 SHERRI SWANSOM MY COMMISSION # FF 042814 EXPIRES: SOPWn er22, 2017 aw4W Tu PW* WWvwnmxW" Warranty Deed - Page 2 Printed Name: S6e(6 SL j2os v► My Commission Expires: al ,/app 7 DoubleTimee 129 Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Michael Smykowski '/�� Director, Office of Management & Budget Date: August 10, 2016 Subject: Miscellaneous Budget Amendment 024 Description and Conditions The attached budget amendment appropriates funding necessary for the following: On July 5, 2016 the Board of County Commissioners approved HUD Grant Renewals for HMIS and Continuum of Care. The attached entry appropriates the funding for the current fiscal year. 2. On July 12, 2016 the Board of County Commissioners approved funding for additional materials to be used to grade portions of Fellsmere's unpaved roadways. The attached entry appropriates funding from Secondary Roads/Cash Forward in the amount of $210,925. 3. Employee retirements have resulted in salary and benefits exceeding the budget in several departments. The attached entry appropriates $111,281 from General Fund/Cash Forward Oct 1St. $13,621 from MSTU Fund/Reserve for Contingencies and $34,295 from Transportation Fund/Reserve for Contingencies. 4. On March 15, 2016, the Board of County Commissioners approved Budget Amendment #14 which funded the Aquatic Plant Pilot Study that was in the Capital Improvement Plan. The study should be funded in the Transportation Fund 111, but was mistakenly funded in the Optional Sales Tax Fund. The attached entry appropriates funding in the amount of $162,000 from Transportation Fund/Cash Forward -Oct. 1st 5. The Indian River Coastal Division has received a donation from the Sebastian River Area Chamber of Commerce in the amount of $5,219.27 from the 2016 Sebastian Lion Fish Fest. Additionally, private citizens have donated $250.00 to assist in county sponsored coastal ecosystem programs. The Coastal Division would like to use a portion of this money to purchase hats and shirts for the many volunteers that assist county staff in sea turtle nest monitoring and educational programs implemented under the County's Habitat Conservation Plan. The attached entry appropriates these donations. 6. The Neighborhood Stabilization Program 3 (NSP3) PI Fund has expended staff time. The attached entry appropriates funding from NSP3 PI/Cash Forward -Oct 1St 7. The Property Appraiser's budget was revised September 4, 2015 due to an increase in the Elected Official's Salary. The attached entry appropriates funding of $326 from General Fund/Reserve for Contingency, $39 from Emergency Services Fund/Reserve for Contingency and $9 from Land Acquisition Bond/Reserve for Debt Service. 130 Board of County Commissioners August 10, 2016 Page 2 of 2 8. Depreciation expenses are higher than anticipated in Information Technology. The attached entry appropriates funding of $60,000 from Information Technology/Cash Forward -Oct 1st. 9. On July 12, 2016, the Board of County Commissioners approved the 2016/2017 State Funded Subgrant Agreement to Update Indian River County's Hazard Analysis. The attached entry appropriates the $3,388.00 grant. 10. On June 14, 2016, the Board of County Commissions approved Indian River County to make an advance payment to the OPEB Trust Fund. The attached entry appropriates the $9 million. 11. Indian River County Libraries have received donations totaling $10,399. The attached entry appropriates these donations. 12. Indian River County Emergency Management is launching a new emergency preparedness app: Indian River Alert & Prepare. Citizens will be able to receive assistance with creating a personalized emergency plan, learn the locations of public shelters, view evacuation routes and much more. To accommodate our Spanish-speaking community, we have added the Spanish version of the app. The attached entry appropriates funding in the amount of $3,000 from General Fund/Cash Forward -Oct 1St 13. On March 15, 2016, the Board of County Commissioners approved the millings installation for 51s' Avenue Petition Millings Project in the Winter Beach Highlands Subdivision. The attached entry appropriates the assessment. 14. Section 8 Housing Assistance has received additional grants for FY 15/16. The attached entry appropriates funding of $15,000 for Veterans Affairs Supportive Housing (VASH), $150,000 for HUD Low Income Housing Assistance (HAP) and $5,200 for HUD -Admin Fee (HAP -Admin). 15. The Courthouse chillers are in need of replacement. The attached entry appropriates funding in the amount of $438,986 from Optional Sales Tax/Cash Forward Oct 1st 16. It has become necessary to replace an air conditioning unit at the Emergency Operations Center (EOC) in the amount of $5,088. Facilities Management is in need of $100,000 to replace operating funds that were used for emergency air conditioner repairs. The attached entry appropriates $105,088 for these expenditures from General Fund/Cash Forward Oct 1St Staff Recommendation Staff recommends that the Board of Commissioners approve the attached budget resolution amending the fiscal year 2015/2016 budget. Attachments Budget Amendment 024 and Resolution APPROVE,aAGENDA M Jasoh E.rown County dministrator FOR: August 16, 2016 Indian River County Approyeq Date Administrator g 11 It Legal �— Budget Department Risk Management 131 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 2016. Attest: Jeffrey R. Smith Clerk of Court and Comptroller Deputy Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners Bob Solari, Chairman APPROVED AS TO FORM AND LEGAL SUFFICI l.G�- BY COUNTY ATTORNEY 132 Resolution No. 2016 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 024 Entry Number Fund/ Department/Account Name Account Number Increase Decrease 1. Revenue Intergovernmental Grants/HUD Grants/HMIS expansion FL011614H091508 136033-331601-16804 $35,400 $0 Intergovernmental Grants/HUD Grants/2015 New Horizons FL01201-41-109158 136033-331601-16807 $157,776 $0 Intergovernmental Grants/HUD Grants/2015 Alcohope Renewal FL01141-4H091508 136033-331601-16808 $69,816 $0 Intergovernmental Grants/HUD Grants/2015 New Chronics FI -01191-41-1091508136033 331601-16809 $107,952 $0 Intergovernmental Grants/HUD Grants/2015 IR Chronics RenewalFL036L4H091506 136033-331601-16810 $91,344 $0 Intergovernmental Grants/HUD Grants/2015 New Horizons 2 FL04401-4H091504 136033-331601-16811 $107,232 $0 Intergovernmental Grants/HUD Grants/2015 CoC wide TRA renewal FL011314H091503 136033-331601-16812 $94,272 $0 Intergovernmental Grants/HUD Grants/2015 Coc wide TRA 2 FL03381-4H091502 136033-331601-16813 $69,816 $0 Intergovernmental Grants/HUD Grants/2015 Family S&C FL03801-41-1091501 136033-331601-16814 $88,116 $0 Intergovernmental Grants/HUD Grants/Shelter Plus C are/FL0380C4 H 091000 136033-331601-12802 $20,588 $0 Expense Intergovernmental Grants/HUD Grants/HMIS expansion FL011614H091508 136163164-088871-16804 $35,400 $0 Intergovernmental Grants/HUD Grants/2015 New Horizons FL01201-41-109158 13616364-036730-16807 $157,776 $0 Intergovernmental Grants/HUD Grants/2015 Alcohope Renewal FL0114L4H091508 13616364-036730-16808 $69,816 $0 Intergovernmental Grants/HUD Grants/2015 New Chronics FL0119L4H091508 13616364-036730-16809 $107,952 $0 Intergovernmental Grants/HUD Grants/2015 IR Chronics RenewalFL036L4H091506 13616364-036730-16810 $91,344 $0 Intergovernmental Grants/HUD Grants/2015 New Horizons 2 FL04401-41-1091504 13616364-036730-16811 $107,232 $0 Intergovernmental Grants/HUD Grants/2015 CoC wide TRA renewal FL011314H091503 13616364-036730-16812 $94,272 $0 Intergovernmental Grants/HUD Grants/2015 Coc wide TRA 2FL03381-41-1091502 13616364-036730-16813 $69,816 $0 Intergovernmental Grants/HUD Grants/2015 Family S&C FL03801-4H091501 13616364-036730-16814 $88,116 $0 Intergovernmental Grants/HUD Grants/Shelter Plus Care/FL0380C4 H091000 13616364-036730-12802 $20,588 $0 133 Exhibit "A" Resolution No. 2016 - Budget Office Approval: Budget Amendment: 024 Michael Smykowski, Budget Director 134 Entry Number Fund/ Department/Account Name Account Number $0 Increase Decrease 315039-389040 2. Revenue Secondary Roads/Cash Forward -Oct 1st 109039-389040 $210,925 $0 Expense Secondary Roads/Other Roads/Fellsmere Roads Stabilization 10921441-035390-16032 $210,925 $0 3. Revenue General Fund/Cash Forward -Oct 1st 001039-389040 $111,281 $0 Expense General Fund/Law Library/Special Pay 00111914-011150 $898 $0 General Fund/Law Library/Social Security 00111914-012110 $56 $0 General Fund/Law Library/Retirement 00111914-012120 $415 $0 General Fund/Law Library/Medicare 00111914-012170 $15 $0 General Fund/County Administrator/Salaries 00120112-011120 $86,921 $0 General Fund/County Administrator/Retirement 00120112-012120 $7,531 $0 General Fund/County Administrator/Medicare 00120112-012170 $1,340 $0 General Fund/General Services/Special Pay 00120213-011150 $707 $0 General Fund/General Services/Social Security 00120213-012110 $44 $0 General Fund/General Services/Medicare 00120213-012170 $11 $0 General Fund/Human Resources/Salaries 00120313-011120 $9,624 $0 General Fund/Human Resources/Special Pay 00120313-011150 $426 $0 General Fund/Human Resources/Social Security 00120313-012110 $624 $0 General Fund/Human Resources/Retirement 00120313-012120 $808 $0 General Fund/Human Resources/Medicare 00120313-012170 $149 $0 General Fund/Emergency Management/Special Pay 00120825-011150 $654 $0 134 Transportation Fund/Cash Forward -Oct 1st 111039-389040 $152,000 $0 Optional Sales Tax/Cash Forward -Oct 1st 315039-389040 $0 $152,000 Resolution No. 2016 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 024 Entry Number Fund/ Department/Account Name Account Number Increase Decrease General Fund/Emergency Management/Social Security 00120825-012110 $41 $0 General Fund/Emergency Management/Retirement 00120825-012120 $48 $0 General Fund/Emergency Management/Medicare 00120825-012170 $10 $0 General Fund/Purchasing/Special Pay 00121613-011150 $833 $0 General Fund/Purchasing/Social Security 00121613-012110 $52 $0 General Fund/Purchasing/Retirement 00121613-012120 $61 $0 General Fund/Purchasing/Medicare 00121613-012170 $13 $0 MSTU/Planning/Retirement 00420415-012120 $7,621 $0 MSTU/County Planning/Retirement 00420515-012120 $6,000 $0 MSTU/Reserves/Reserve for Contingency 00419981-099910 $0 $13,621 Transportation Fund/Public Works/Salaries 11124319-011120 $30,000 $0 Transportation Fund/Public Works/Social Security 11124319-012110 $1,860 $0 Transportation Fund/Public Works/Retirement 11124319-012120 $2,000 $0 Transportation Fund/Public Works/Medicare 11124319-012170 $435 $0 Transportation Fund/Reserves/Reserve for Contingency 11119981-099910 $0 $34,295 4. Revenue Transportation Fund/Cash Forward -Oct 1st 111039-389040 $152,000 $0 Optional Sales Tax/Cash Forward -Oct 1st 315039-389040 $0 $152,000 Expense Transportation Fund/Stormwater/Aquatic Plant Pilot Study 11128138-033190-16031 $152,000 $0 Optional Sales Tax/Public Works/PC North 31524338-066510-16018 $0 $152,000 5. Revenue Beach Restoration/Other Contributions/Donations 128038-366090 $5,469 $0 Expense Beach Restoration/Uniforms & Clothing 12814472-035240 $5,469 $0 135 Exhibit "A" Resolution No. 2016 - Budget Office Approval: Budget Amendment: 024 Michael Smykowski, Budget Director Entry Number Fund/ Department/Account Name Account Number Increase Decrease 6. Revenue NSP3 Grant/Cash Forward/Oct 1st 130038-389040 $5,000 $0 Expense NSP3 Grant/Inter-dept Charges 13013854-036990-11813 $5,000 $0 7. Expense General Fund/Budget Transfer Property Appraiser 00150086-099060 $326 $0 General Fund/Reserves/Reserve for Contingency 00119981-099910 $0 $326 Emergency Services/Budget Transfer Property Appraiser 11412022-099060 $39 $0 Emergency Services/Reserves/Reserve for Contingency 11412022-099910 $0 $39 Land Acquisition Bonds/Budget Transfer Property Appraiser 24511786-099060 $9 $0 Land Acquisition Bonds/Reserve for Debt Services 24511786-099920 $0 $9 8. Revenue Information Technology/Cash Forward -Oct 1st 505039-389040 $60,000 $0 Expense Information Technology/GIS/Depreciation 50510319-036610 $40,000 $0 Information Technology/Computer Services/Depreciation 50524113-036610 $20,000 $0 9. Revenue General Fund/Hzrds Materials Emer Plan Grant 001033-334292 $3,388 $0 Expense General Fund/Emergency Management/Other Operating Supplies 00120825-035290-06807 $3,388 $0 10. Revenue General Fund/Cash Forward -Oct 1st 001039-389040 $3,101,919 $0 MSTU Fund/Cash Forward -Oct 1st 004039-389040 $261,146 $0 Impact Fee Fund/Cash Forward -Oct 1 st 103039-389040 $6,369 $0 Rental Assistance/Cash Forward -Oct 1 st 108039-389040 $25,476 $0 136 Resolution No. 2016 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 024 Entry Number Fund/ Department/Account Name Account Number Increase Decrease Secondary Roads/Cash Forward -Oct 1st 109039-389040 $19,108 $0 Transportation Fund/Cash Forward -Oct 1st 111039-389040 $796,176 $0 Emergency Services District/Cash Forward -Oct 1st 114039-389040 $630,573 $0 Communications Ctr/Cash Forward -Oct 1st 120039-389040 $12,739 $0 SHIP Fund/Cash Forward -Oct 1st 123039-389040 $6,369 $0 MPO Fund/Cash Forward -Oct 1st 124039-389040 $25,476 $0 Beach Restoration Fund/Cash Forward -Oct 1st 128039-389040 $12,739 $0 SWDD/Cash Forward -Oct 1st 411039-389040 $63,694 $0 Golf Course/Cash Forward -Oct 1st 418039-389040 $19,108 $0 Building Dept/Cash Forward -Oct 1st 441039-389040 $140,127 $0 Utilities/Cash Forward -Oct 1st 471039-389040 $751,592 $0 Vehicle Maintenance/Cash Forward -Oct 1st 501039-389040 $38,217 $0 Risk Management/Cash Forward -Oct 1st 502039-389040 $12,739 $0 Employee Health Insurance/Cash Forward -Oct 1st 504039-389040 $3,006,369 $0 Information Technology/Cash Forward -Oct 1st 505039-389040 $70,064 $0 Expense General Fund/Transfer Out 00119981-099210 $3,101,919 $0 MSTU Fund/Transfer Out 00419981-099210 $261,146 $0 Impact Fee Fund/Transfer Out 10919981-099210 $6,369 $0 Rental Assistance/Transfer Out 10822264-099210 $25,476 $0 Secondary Roads/Transfer Out 10919981-099210 $19,108 $0 Transportation Fund/Transfer Out 11119981-099210 $796,176 $0 Emergency Services District/Transfer Out 11412022-099210 $630,573 $0 Communications Ctr/Transfer Out 12013325-099210 $12,739 $0 SHIP Fund/Transfer Out 12322869-099210 $6,369 $0 137 Resolution No. 2016 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 024 Entry Number Fund/ Department/Account Name Account Number Increase Decrease MPO Fund/Transfer Out 12420415-099210 $25,476 $0 Beach Restoration Fund/Transfer Out 12814472-099210 $12,739 $0 SWDD/Cash Forward/Transfer Out 41121734-099210 $63,694 $0 Golf Course/Transfer Out 41823672-099210 $19,108 $0 Building Dept/TransferOut 44123324-099210 $140,127 $0 Utilities/TransferOut 47123536-099210 $751,592 $0 Vehicle Maintenance/Transfer Out 50124291-099210 $38,217 $0 Risk Management/Transfer Out 50224613-099210 $12,739 $0 Employee Health Insurance/Transfer Out 50412719-099210 $3,006,369 $0 Information Technology/Transfer Out 50519981-099210 $70,064 $0 Revenue Employee Health/Non-Revenue/Fund Transfer In 504039-381020 $9,000,000 $0 Expense Employee Health/OPER Expense 50412719-012160 $9,000,000 $0 11. Revenue General Fund/Donations/Main Library 001038-366095 $9,892 $0 General Fund/Donations/North County Library 001038-366100 $507 $0 Expense General Fund/Main Library/Books 00110971-035450 $9,892 $0 General Fund/North County Library/Books 00111271-035450 $507 $0 12. Revenue General Fund/Cash Forward -Oct 1st 001039-389040 $3,000 $0 Expense General Fund/Emergency Management/Other Operating Supplies 00123825-035290 $3,000 $0 138 Resolution No. 2016 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 024 Entry Number Fund/ Department/Account Name Account Number Increase Decrease 13. Revenue Secondary Roads/Special Assessments/Capital Improvements 109032-325101 $57,170 $0 Expense Secondary Roads/51st Avenue/Winter Beach Highlands Petition Paving 10921441-035510-16019 $57,170 $0 14. Revenue Section WASH Grant -HAP 108033-331674 $15,000 $0 Section 8/HUD Low Income Housing Assistance 108033-331670 $150,000 $0 Section 8/HUD Section 8 Grant -Admin Fee 108033-331671 $5,200 $0 Expense Section 8/Rental Assistance/VASH 10822264-036734 $15,000 $0 Section 8/Rental Assistance Payments 10822264-036730 $150,000 $0 Section 8/Rental Assistance/EDP Equipment 10822264-066470 $5,200 $0 15. Revenue Optional Sales Tax/Non-Revenue/Cash Forward Oct 1st 315039-389040 $438,986 $0 Expense Optional Sales Tax/Facilities Management/Other Improvements Except Buildings 31522019-066390 $438,986 $0 16. Revenue General Fund/Non-Revenue/Cash Forward Oct 1st 001039-389040 $105,088 $0 Expense General Fund/Facilities Management/Maintenance-Air Conditioning 00122019-034620 $105,088 $0 139 CONSENT INDIAN RIVER COUNTY MEMORANDUM TO: Jason Brown County Administrator FROM: Suzanne Boyll �k Human Resources Director DATE: August 9, 2016 SUBJECT: Approval of Purchase Agreement with Kannact Inc. for Diabetes Management Supplies and Services BACKGROUND: The County is self-insured in its Group Medical Insurance Program and on June 14, 2016 the Board of County Commissioners approved recommended adjustments to the County's Health Insurance Program to manage the increasing cost for health care. One of the proposed adjustments was to implement a diabetes management program through Kannact Inc. in an effort to reduce the medical costs and slow the progression of the disease. ANALYSIS: Last year, diabetic care costs for the health plan were approximately $1,050,000. Kannact provides a health coach, real-time monitoring, tracking with a cellular device, and support to help members with diabetes manage their condition. Through its comprehensive diabetes management system, Kannact and Gehring Group project a savings to our health plan of approximately 10% of the diabetic care costs due to reduced hospital visits and managing and slowing the progression of the disease for a projected savings of approximately $105,000. RECOMMENDATION: Staff recommends that the Board approve the Purchase Agreement with Kannact Inc. effective October 1, 2016 through September 30, 2019 and authorize the Chair to execute the Agreement. ATTACHMENTS: Kannact Purchase Agreement APPROVED AGENDA ITEM BY: Jason Bfow4, County ?Coministrator FOR: Auuust16.201 140 PURCHASE AGREEMENT BETWEEN Kannact, Inc., carrying on business at 2211 N.W. Professional Drive Suite 100, Corvallis, Oregon — 97330 (Hereinafter referred to as the "Supplier") AND Indian River County Board of County Commissioners, a political subdivision of the State of Florida carrying on business at 1800 27th Street, Vero Beach, FL 32960 (Hereinafter referred to as the "Customer") In consideration of the mutual covenants contained in this Agreement, the parties agree as follows: i. Background a. The Supplier is a technology company engaged in the business of creating and selling various medical solutions including software products and services as set forth in Appendix A (the "Supplier's Solutions") in the United States of America and wishes to sell the Supplier's Solution to the Customer. b. During the Term of the Purchase Agreement, the Customer is responsible for meeting the plan detailed in the Purchase Agreement and for payment to the Supplier for Supplier's Solution. 2. Obligations and Rights of the Supplier a. The Supplier will do the following, all at its expense: Provide explanatory material to the Customer relating to the Supplier's Solutions in a format acceptable to the Customer, as may be revised from time to time; and II. Provide training on the Supplier's products, goals, standards, or any other issues relevant to carrying out the use of the Supplier's Solutions, to the Customer. 4 . 1 141 b. The Supplier is responsible for providing some or all of the Supplier's Solution, defined in Appendix A, only to the Customer's diabetic members (i.e. covered employees and/or dependents who have a valid prescription for diabetic supplies) who have voluntarily and successfully registered with Supplier. c. The Supplier is not responsible for providing the Supplier's Solution to those who have not successfully registered with the Supplier, regardless of whether the Supplier solicits or does not solicit them to register. d. The Supplier's Solution described in Appendix A is neither intended for nor replaces a physician or other care providers service and/or medical advice. Additionally, it is not intended to address serious, urgent or emergency conditions. 3. Obligations and Rights of the Customer a. The Customer shall apply reasonable efforts to: i. Achieve 'Plan'goals agreed upon by the Customer with the Supplier as provided in Appendix B (Plan); and ii. The Customer is solely responsible and accountable to manage the transition of patients under its program from its current vendors to the Supplier b. The Customer shall make the Supplier the only supplier of diabetic supplies (except for continuous glucose monitoring supplies) that are fully paid for by the Customer on behalf of its members. Members who choose to pay a copay for supplies on their own may choose to continue to retain their current suppliers and/or opt out of the Supplier's program. c. Customer shall engage in periodic reviews, and course -correction meetings to achieve Plan goals as outlined in Appendix B. The Plan goals shall be mutually agreed upon between the parties within thirty days of executing this Purchase Agreement. ;��r 142 d. Supplier estimates the delivered value of a glucometer at $80.00 per unit. Customer shall compensate Supplier for glucometers that are inactive or retained and not returned to Supplier by members who are no longer eligible for receiving the services of the Supplier's diabetes program. Supplier shall report the number of ineligible and inactive members to the Customer on a quarterly basis (and identify their names, if requested, in accordance with HIPAA). If the member has used the glucometer for more than 12 months, no charges will occur. However, a one-time (i.e. life time) charge of $40.00 will be levied only if the member utilizes the glucometer for less than a twelve-month period either due to inactivity or ineligibility. Charges for lost glucometers requiring replacements are covered in Appendix C. a. Amounts Payable to the Suaalier a. To reimburse the Supplier for its products and services, the Customer will follow the prices and amounts detailed in Appendix C and pay K -Remedy (a wholly owned subsidiary of Supplier) for the services provided. K -Remedy is a national mail order diabetic supplies company, with the National Provider Identifier (NPI) #: 1922406388 and the National Council for Prescription Drug Programs (NCPDP) #: 3845421. b. The Supplier shall use the payment process as outlined in Appendix C (Rates, Claims & Payment Process for Direct Payment by Customer to Supplier). s. Survival The covenants, undertakings, and agreements contained in the Confidentiality/Nondisclosure section of this Purchase Agreement shall survive the termination of this Purchase Agreement. r� . , I� 3 143 6. Confidentiality/Nondisclosure a. Unless as required by law, all information disclosed by either party to the other party pursuant to this Purchase Agreement, other than such information as 1) may be generally available to the public or the industry; 2) was already known by the other party: 3) independently developed: or 4) will be disclosed to the receiving party in confidence solely for the receiving party's use in the conduct of business under this Purchase Agreement, the receiving party agrees to keep such information ("Information") secret and confidential, and not to disclose it to any other person or use it during the term of this Purchase Agreement, and for two (2) years after its termination, except in carrying out its obligations hereunder, by order of a court or regulatory body. b. Unless required by law, the receiving party shall not disclose information to any third party without the prior written approval of the disclosing party, except that Supplier, as the receiving party, may disclose information to its consultants, advisers, subsidiaries, and subcontractors. The receiving party shall maintain the Information with at least the same degree of care that the receiving party uses to protect its similar categories of confidential and proprietary information, but no less than a reasonable degree of care under the circumstances. Except as required by law the receiving party shall not make any copies of Information except as necessary to perform its duties hereunder. Each party shall be responsible for any breach of this Purchase Agreement by such party, its employees or permitted agents. c. The parties hereby acknowledge and agree that in the event of a breach of its obligations of confidentiality, the disclosing party's remedies at law may be inadequate and the disclosing party, in addition to such other rights and remedies available to it, will be entitled to injunctive relief. 4 144 7. Restricted Conduct Violation of HIPAA Regulations: The Supplier shall not pursue any course of action in selling, consulting, or pursuing any other business activities that would violate patient privacy laws and specifically current HIPAA regulations. a. Representations and Warranties a. The Customer hereby represents and warrants to the Supplier as follows: The Customer has all of the requisite corporate power and authority to enter into this Purchase Agreement and to carry out and perform its obligations under the terms of this Purchase Agreement. ii. The execution, delivery, and performance of and compliance with this P u r c h a s e Agreement does not and will not conflict with, or constitute a default under any contract, agreement, instrument, order, statute, laws, rule, or regulation applicable to the Customer. b. The Supplier hereby represents and warrants to the Customer as follows: The Supplier is a duly organized corporation, validly existing and in good standing under the laws of the State of Oregon. ii. The Supplier has all of the requisite corporate power and authority to enter into this Purchase Agreement and to carry out and perform its obligations under the terms of this Purchase Agreement. The execution, delivery, and performance of and compliance with this Purchase Agreement does not, and will not conflict with or constitute a default under any contract, agreement, instrument, order, statute, laws, rule, or regulation applicable to the Supplier. 5 145 9. Waiver, Modification, Cancellation Any waiver, alteration, or modification of any of the provisions of this Purchase Agreement, or its cancellation or replacement shall not be valid unless made in writing and signed by both Parties. io. Entire Aereement This Purchase Agreement contains the entire understanding between the Parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, inducement, or conditions, express or implied, oral or written, except as herein contained. The express terms hereof, control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof. 11. Non -Waiver No delay or failure by the Supplier or the Customer, as the case may be, in exercising any right under this Purchase Agreement, and no partial or single exercise of that right shall constitute a waiver of that or any other right. 12. Mediation The Parties to this Purchase Agreement shall use their best efforts to resolve promptly any dispute, controversy, or claim existing out of or relating to this Purchase Agreement promptly by meeting and negotiating in good faith with one another. All disputes which cannot be resolved through good faith negotiations, and which are raised in writing to the other within one (1) year of the date such claim is discovered shall first be submitted to mediation, and if not successfully mediated shall be cured in courts per the terms of this Purchase Agreement. 13. Notice Any notice to be delivered to either of the parties by the other, shall be in writing, and given by registered mail or in person, addressed as follows: I INAI -�.4 ,"t (;l!,, I ;' ') 261(, 6 146 To the Supplier: Kannact Inc. 2211 N.W. Professional Drive Suite 100 Corvallis, Oregon — 97330 To the Customer: Indian River County Board of County Commissioners Human Resources Department 1800 27th Street Vero Beach, FL 32960 And shall be deemed to have been received by the addressee on the 4th day following the date of posting, in the case of registered mail, and upon receipt in the case of personal delivery. The Parties may, by notice in writing, vary the address for delivery of notices pursuant to this Purchase Agreement. 14. Effective Date and Term This Purchase Agreement shall become effective on October 1, 2016 (Effective Date) and shall stay effective through September 30, 2019 (Term) and shall automatically renew on an annual basis unless proper notice is given as outlined in the Termination section of this Purchase Agreement. is. Termination Neither party may avoid performance of its duties to the other unless the other party materially breaches the Purchase Agreement. Nevertheless, both parties have the right to terminate for convenience with the terminating party providing 90 days' notice to the other party and must fulfill the obligations of the Purchase Agreement up to and including the day of notified and intended termination. 147 1e. Governing laws This Purchase Agreement shall be governed by the laws of the State of Florida. Venue for any disputes shall be settled in Indian River County or if in federal court, the Southern District of Florida. Agreed to by Indian River County, a political subdivision of the State of Florida Signature: Date: Print Name: Title: Agreed to by Kannact Inc. Signature: Print Name: Krishna Rao 1 >>� pate: Aj Cai)5 r L �C Title: C. E.O. APPROVED AS TO FORM AND LEGAL SUFFICIEN B YLAN REINGOLD COUNTY ATTORNEY 8 148 Appendix A Suppliers Solutions Upon signup, the following will be made available as part of the Supplier's Solution: First shipping package will contain: 1. A Glucometer 2. A Lancing pen 3. Control solution (one quarter's supply) 4. Glucose test strips (one quarter's supply) s. Lancets (one quarter's supply) Recurring quarterly supplies will contain: 1. Quarterly replenishment of one or a combination of the following (depending on the prescription refill instructions and quantity on hand with the member): I. Diabetes strips II. Lancets III. Control Solution The following are made available to a member as long as the member is deemed eligible, by the Customer, for the Supplier's Solution: i. Data Plan for Mobile -enabled Glucometer valid 2. All packaging and shipping to the patient's home associated with the above shippable items 3. Instructions to login and access the use of the Kannact, Inc. diabetes platform 4. Option and access to the use of the Kannact Health coaching services ., 9 149 Appendix B Plan 1. The Customer shall provide or direct the Customer's medical claims coordinator to provide Supplier, as allowed by law, relevant patient health information (PHI) for all the diabetic patients, including but not limited to the last two years' historical claims data, within thirty business days of the Effective Date. The Customer must authorize the Supplier (within 60 days of executing this agreement) to contact the person responsible in the medical claims coordinator's organization to provide Supplier with the PHI. Customer will provide the contact details. i. The Customer shall conduct periodic reviews with the Supplier to track enrollment as planned and course correct to accomplish and/or change the Plan. All changes made to the Plan shall be mutually agreed upon by the parties and documented in writing. I The Supplier recognizes that it is ultimately the member's choice to enroll in the Supplier's program, nevertheless both the Customer and Supplier are expected to apply good faith effort to attain the above stated goals by championing and promoting the program to the diabetic members. a. Customer and Supplier will kick-off the program via an in person meeting. The starting goal is to target the out -reach efforts to all of the diabetic members into the Supplier's program. The parties will review and course correct plan performance on a quarterly basis via a telephone or video conference call. The review will at a minimum include analysis of current to targeted performance of the following: a. Out -reach efforts b. Enrollment rate C. Issues with slow or accelerated performance of the above 10 150 Appendix C Rates, Claims & Payment Process for Direct Payment by Customer to Supplier Rates 1. There will be no minimum order quantities for supplies. 2. K -Remedy on behalf of the Supplier will ship items to all diabetic members as identified by Customer and who have registered on the Supplier's program. 3. Prices for supplies shipped are as follows: $58.00 per box of 50 strips and lancets. All other supplies (including glucometer) and services are included (with the 3 - year Purchase Agreement). It is noted that there will be no price escalations to the quoted price until October 2018. Supplier shall notify Customer at least 120 - days prior to any pricing changes. 4. In case of replacements occurring due to the covered member loosing a supply, replacements will be charged at the following rates and includes shipping fee to the members shipping address as follows: a. Glucometer - $80.00/unit b. Strips - $ 50.00 per box of 50 c. Lancets - $ 8.00 per box of 50 d. Lancing pen - $ 10 per pen e. Control solution - $ 10 per bottle 5. Customer's explicit written authorization is required if lost replacement requests exceed 10% of the regular shipments. Monthly Invoice & Reimbursements A. A monthly invoice will be raised for the preceding month that meet the following requirements: 1. All shipments are associated with a valid prescription. Shipments will never exceed what is allowed in the prescription except that strips and lancets will be rounded off in increments of 50 (i.e. for example if a 90 -day prescription warrants only 190 strips, the Customer will be charged for 4 boxes of strips). 2. The rates charged follow the rates agreed in this Purchase Agreement. _ t� 151 3. Invoice is based on the total number of shipments. Each and every shipment is estimated at $208.80 assuming an average consumption rate of 2 strips per day per member for a supply duration of 90 days (i.e. $58 per box of 50 strips x 4 boxes = $232/90 days). This will include the one-time glucometer and lancing device and the refillable supplies i.e. diabetic strips, lancets and control solution. 4. The invoice will be provided with a monthly report indicating the members` identification, total number of members and the total price of shipments claimed for the month. For example, if shipments were made to 10 members in the preceding month, the Invoice will be raised for $2320.00 for the current month 5. Although strip consumption is automatically monitored, refills are not made without verbal or written confirmation from the member to refill. B. Customer shall reimburse Supplier per the Florida Local Government Prompt Payment Act. Quarterly Adiustments Adjustments to the payments for (monthly invoices) will be made every quarter to reconcile payments against the actual items billed based on the following: 1. An invoice for quarterly adjustments will be submitted along with the monthly invoice for a new quarter. 2. The quarterly invoice will (a) show the actual shipments and (b) estimate the difference between the value of each actual shipment and what was billed earlier for the same shipment in the previous monthly invoices. For instance, if the actual shipment for 10 (ten) members was 18 boxes, per their prescription rate, as follows: a. 4 members were shipped 6 boxes each (i.e. 4 x 6 x $58) b. 2 members were shipped 5 boxes each (i.e. 2 x 5 x $58) c. 3 members were shipped 4 boxes each (i.e. 3 x 4 x $58) d. 1 member was shipped 3 boxes each (i.e. 1 x 3 x $58) The total value of the shipment was $2842.00 while the monthly invoice for the ten members would have been only $2320.00 because it is estimated on a uniform consumption rate for all members. The difference owed to the Supplier at the end of the quarter as a result of the quarterly adjustment would be $522.00. Similarly, if i 12 152 for any reason the actual shipments were less than that billed in the monthly invoice, the Supplier is obligated to make adjustments to the subsequent monthly invoice to adjust for the deficit. 3. Similarly, if there are shipments for lost replacement requests, returns due to defective supplies, etc., these will be reconciled in the quarterly invoice for adjustments per the terms noted in this Purchase Agreement. 13 153 CONSENT INDIAN RIVER COUNTY MEMORANDUM TO: Jason Brown County Administrator FROM: Suzanne Boyll Human Resources Director DATE: August 9, 2016 SUBJECT: Approval of B1ueMedicare Advantage Renewal BACKGROUND: Under Florida Statute, retirees of the County are eligible to continue health insurance under the County's self-insured Group Medical Insurance Program. Beginning in 2008, retirees who attain age 65 are provided the option to enroll in the BlueMedicare Advantage Plan. The Board of County Commissioners approved the current plan at its September 15, 2015 meeting at a monthly premium of $319.92 which was a substantial reduction from the 2014/2015 plan premium of $379.99 per month. Three retirees are currently insured under this plan. The County provides a health insurance subsidy of 54% for one retiree and 60% for two retirees totaling $6,679.93 per year. For the plan year beginning October 1, 2016, staff received a renewal evaluation reflecting an increase in the monthly premium to $402.01 which is an increase of 25.7%. Staff requested additional renewal alternatives to this increase and was provided Alternative 1 and Alternative 2 (attached). Staff also requested if there were other plan options available in the market place. ANALYSIS: A breakdown of the increase in the annual subsidy for each renewal proposal is listed below: Option Monthly Premium Annual IRC Subsidy Increased Subsidy Amount Percent Current $319.92 $6,679.93 n/a n/a Renewal $402.01 $8,393.97 $1,714.04 25.70/) 14.3% Alternative 1 $365.54 $7,632.48 $952.55 $211.93 Alternative 2 $330.07 $6,891.86 3.2% While Alternative 2 provides the lowest monthly premium, it includes increased out-of-pocket maximums (from $1,000/$2,000 to $2,000/$4,000) and increased copays (currently ranging from $10 to $150 increasing to $20 to $250). Alternative 2 also includes a reduced pharmacy benefit and eliminates the incentive for mail order prescriptions. Alternative 1 is a blend of the Alternative 2 medical benefit and the Current pharmacy benefit. Under this alternative retirees will have increased out-of-pocket maximums and copays for medical services, but will retain the current pharmacy benefit. In an effort to share in the impact of the increase costs between the County and eligible retirees, staff believes Alternative 1 to be the 154 best option. This option results in a lower County paid insurance subsidy than paid in the 2014/2015 plan year and is an increase of 14.3% above the 2015/2016 plan year premium. RECOMMENDATION: Staff recommends that the Board approve renewal Alternative 1 for the plan year effective October 1, 2016 through September 30, 2017 and authorize the Chair to execute the renewal agreement. ATTACHMENTS: • Indian River County Retiree Medicare Advantage Renewal Evaluation effective October 1, 2016 • Medicare Advantage Renewal Agreement effective October 1, 2016 through September 30, 2017 APPROVED AGENDA ITEM BY: Jason Bj6wr4 County Administrator FOR: Approval Date Admin. 9, I► 1G Legal Budget 1� i Dept. Risk M mt. 155 Indian River County BOCC Retiree Medicare Advantage Renewal Evaluation Effective Date: October 1, 2016 GEHRING AGROUP INS U A ANC C A AOA[ AS, . CONSULTANTS 'C=Cardiac; P --Physical; S=Speech; Occupational; 156 Plan Structure Florida Blue Medicare Advantage Florida Blue Medicare Advantage Blue Medicare Group PPO 1 RX 1 Blue Medicare Group PPO 1 RX 1 Network Name PPO Out of Network PPO Out of Network Lifetime Maximum Unlimited Unlimited Calendar Year Deductible (CYD) Individual No deductible 1 $1,000 No deductible 1 $1,000 Family N/A I N/A N/A IN/A Annual Out -of -Pocket Maximum Individual $1,000 1 $3,000 $1,000 $3,000 Family N/A N/A Physician Services Primary Care Office Visit $30 / visit i 20% after CYD $10 / visit 20% after CYD Specialist Office Visit $30 / visit ! 20% after CYD $30 / visit i 20% after CYD Chiropractic Services $20 / visit i 20% after CYD $20 / visit i 20% after CYD Preventive Services No Charge i 20% Coinsurance No charge 20% Coinsurance Lab & Radiology Services Diagnostic Tests & X -Rays $50 / visit i 20% after CYD $50 / visit i 20% after CYD Office Advanced Imaging $125 / visit ! 20% after CYD $125 / visit 20% after CYD Lab Services No charge ! 20% after CYD No charge 20% after CYD Laboratory Provider Quest I N/A Quest ! N/A Hospital Services Inpatient p $150/day to max of i 20%after CYD $150/day to max of 20% after CYD $1,050/admit $1,050/admit i Outpatient $150/visit ! 20% after CYD $150/visit ! 20% after CYD Physician Services at Facility No charge ! 20% after CYD No charge 20% after CYD Outpatient Advanced Imaging $150 / visit ! 20% after CYD! $150 /visit 20% after CYD Emergency Room $75 / visit I $75 / visit $75 /visit $75 visit Urgent Care Center $30 visit i $30 visit $30 /visit $30 /visit Ambulance $150 / occurrence $150 /occurrence $150 / occurrence $150 / occurrence Outpatient Rehabilitation Facility Charge $30 20% after CYD $30 ! 20% after CYD Annual Maximum Visits $1,940 Max - P,S / $1,940 Max - 0 $1,940 Max - P,S / $1,940 Max - 0 Services Include" C, P, S, 0 C, P, S, 0 Durable Medical Equipment $0-20%/item ! 20% after CYD $0-20%/item ! 20% after CYD Prescription Drugs Prescription ONLY Deductible No Deductible Not Covered No Deductible Not Covered $0 to Catastrophic Preferred Generics $30 ($0 through ! I Not covered $10 ($0 through ! Not covered mail order) mail order) Non -Preferred Generics $10 ($0 through j I Not covered $10 ($0 through ! Not covered mail order) mail order) E Preferred Brand $40 ! Not covered $40 I Not covered Non -Preferred Brand $70 Not covered $70 Not covered Specialty Injectables 25% i Not covered 25% Not covered Mail Order (90 day supply) 2x Not covered 2x Not covered Catastrophic 2015 >= $4,70012016 >= $4,850 2016 > _ $4,85012017 >= $4,950 Generic Greater of 5% or i ! Not covered Greater of 5% or j Not covered $2.65 / $2.95 i $2.95 / $3.30 i Preferred Brand Greater of 5% or I Not covered Greater of 5% or ! Not covered $6.60 / $7.40 $7.40 / $8.25 Non -Preferred Brand Greater of 5% or ! i Not covered Greater of 5% or Not covered $6.60 / $7.40 $7.40 / $8.25 I Specialty Injectables Greater of 5% or ! ! Not covered Greater of 5% or ! Not covered $6.60 / $7.40 i $7.40 / $8.25 Mail Order (90 day supply) 2x Not covered 2x ! Not covered Monthly Premium Current Renewal Single $319.92 $402.01 Family N/A N/A % Chane N/A 25.7% 'C=Cardiac; P --Physical; S=Speech; Occupational; 156 Indian River County BOCC Retiree Medicare Advantage Renewal Evaluation Effective Date: October 1, 2016 GEHRING AGROUP INS U AANC I A AOA I AS, L CON S UCIA NTS 'Cardiac; P --Physical; S=Speech; O -Occupational; 157 Plan Structure Florida Blue Medicare Advantage Florida Blue Medicare Advantage Blue Medicare Group PPO 1 RX 1 Blue Medicare Group PPO 2 RX 1 Network Name PPO i I Out of Network PPO ! Out of Network Lifetime Maximum Unlimited Unlimited Calendar Year Deductible (CYD) Individual No deductible $1,000 No deductible 1 $2,000 Family N/A N/A N/A N/A Annual Out -of -Pocket Maximum Individual $1,000 $3,000 $2,000$4,000 i Family N/A N/A Physician Services Primary Care Office Visit $10 / visit i 20% after CYD $35 / visit i 40% after CYD Specialist Office Visit $30 / visit i 20% after CYD $50 / visit i 40% after CYD Chiropractic Services $20 / visit i 20% after CYD $20 / visit 40% after CYD Preventive Services No Charge i 20% Coinsurance No charge i 40% Coinsurance Lab & Radiology Services Diagnostic Tests & X -Rays $50 / visit 20% after CYD $100 /visit � 40% after CYD Office Advanced Imaging $125 / visit 20% after CYD $175 / visit 40% after CYD Lab Services No charge ! 20% after CYD No charge ! 40% after CYD Laboratory Provider Quest ! N/A Quest ! N/A Hospital Services Inpatient P $150/day to max of i 20% after CYD $250/day to max of 40% after CYD $1,050/admit $1,750/admit i Outpatient $150/visit ! 20% after CYD $250/visit 40% after CYD Physician Services at Facility No charge 20% after CYD No charge ! 40% after CYD Outpatient Advanced Imaging $150 / visit ! 20% after CYD $150 / visit ! 40% after CYD Emergency Room $75 / visit l i $75 /visit $75 /visit j $75 /visit Urgent Care Center $30 / visit $30 /visit i! $50 /visit $50 /visit Ambulance $150 / occurrence j $150 / occurrence $150 / occurrence i $150 / occurrence Outpatient Rehabilitatlon Facility Charge $30 20% after CYD $40 40% after CYD Annual Maximum Visits $1,940 Max - P,S / $1,940 Max - 0 $1,940 Max - P,S / $1,940 Max - 0 Services Include" C, P, S, 0 C, P, S, O Durable Medical Equipment $0-20%/item ! 20% after CYD $0-20%/item ! 40% after CYD Prescription Drugs Prescription ONLY Deductible No Deductible Not Covered No Deductible ! Not Covered $0 to Catastrophic Preferred Generics $10 ($0 through I E Not covered $10 ($0 through 1 i Not covered mail order) mail order) Non -Preferred Generics $10 ($0 through g ! Not covered ! $10 ($0 through ' Not covered mail order) mail order) Preferred Brand $40 ! Not covered $40 ! Not covered Non -Preferred Brand $70 j Not covered $70 i Not covered Specialty Injectables 25% Not covered 25% ! Not covered Mail Order (90 day supply)2x Not covered 2x i Not covered Catastrophic 2015 >= $4,70012016 >= $4,850 2016 > _ $4,850/2017>= $4,950 Generic Greater of 5% or Not covered Greater of 5% or Not covered $2.65 / $2.95 $2.95 / $3.30 Preferred Brand Greater of 5% or ! Not covered Greater of 5% or i Not covered $6.60 / $7.40 $7.40 / $8.25 l Non -Preferred Brand Greater of 5% or i E Not covered Greater of 5% or ! ! Not covered $6.60 / $7.40 i $7.40 / $8.25 Specialty Injectables Greater of 5% or ! Not covered Greater of 5% or i Not covered $6.60 / $7.40 i $7.40 / $8.25 i Mail Order (90 day supply) 2x E Not covered 2x Not covered Monthly Premium Current Alternative #1 Single $319.92 $365.54 Family N/A N/A %Chane N/A 14.3% 'Cardiac; P --Physical; S=Speech; O -Occupational; 157 Indian River County BOCC Retiree Medicare Advantage Renewal Evaluation Effective Date: October 1, 2016 GEHRING AGROUP I N S U A A N C S . N O N r N SIA i C O N S U L T A N T S 'Cardiac; P --Physical; S=Speech; Occupational; 158 Plan Structure Florida Blue Medicare Advantage Florida Blue Medicare Advantage Blue Medicare Group PPO 1 RX 1 Blue Medicare Group PPO 2 RX 2 Network Name PPO I Out of Network PPOI Out of Network Lifetime Maximum Unlimited Unlimited Calendar Year Deductible (CYD) Individual No deductiblei $1,000 No deductible l $2,000 Family N/A I N/A N/A I N/A Annual Out -of -Pocket Maximum Individual $1,000 $3,000 $2,000 ' $4,000 Family N/A NjA / Physician Services Primary Care Office Visit $10 / visit j 20% after CYD $35 / visit j 40% after CYD Specialist Office Visit $30 / visit ! 20% after CYD $50 / visit 40% after CYD Chiropractic Services $20 / visit i 20% after CYD $20 / visit I 40% after CYD Preventive Services No Charge i 20% Coinsurance No charge i 40% Coinsurance Lab & Radiology Services Diagnostic Tests & X -Rays $50 / visit i 20% after CYD $100 / visit I 40% after CYD Office Advanced Imaging $125 / visit 20% after CYD $175 / visit 40% after CYD Lab Services No charge ! 20% after CYD No charge ! 40Yo after CYD Laboratory Provider Quest I N/A Quest I N/A Hospital Services Inpatient $150/day to max of I 20% after CYD I $250/day to max of I $1,050/admit ! $1,750/admit 40% after CYD Outpatient $150/visit ! 20% after CYD $250/visit ! 40% after CYD Physician Services at Facility No charge ! 20% after CYD No charge ! 40`Yo after CYD Outpatient Advanced Imaging $150 / visit ! 20% after CYD $150 / visit 40Yo after CYD Emergency Room $75 /visit I $75 / visit $75 / visit I $75 /visit Urgent Care Center $30 / visit ! $30 /visit $50 /visit ! $50 / visit Ambulance $150 / occurrence i $150 / occurrence $150 / occurrence i $150 / occurrence Outpatient Rehabilitation Facility Charge $30 I 20% after CYD $40 40% after CYD Annual Maximum Visits $1,940 Max - P,S / $1,940 Max - 0 $1,940 Max - P,S'/ $1,940 Max - 0 Services Include' C, P, S, 0 C, P, S, 0 Durable Medical Equipment $0-20%/item ! 20% after CYD $0-20%/item ! 40% after CYD Prescription Drugs Prescription ONLY Deductible No Deductible Not Covered $75 (Brand Drugs Only) Not Covered $0 to Catastrophic Preferred Generics $10 ($0 through ! Not covered $15 ($8 through j Not covered mail order) i mail order) ; Non -Preferred Generics $10 ($0 through ! Not covered $15 ($8 through Not covered mail order mail order) Preferred Brand $40 ! Not covered $45 ! Not covered Non -Preferred Brand $70 Not covered $85 Not covered Specialty Injectables 25% ! Not covered 25% ! Not covered Mail Order (90 day supply) 2x I Not covered 3x Not covered Catastrophic 2015 >_ $41,70O/2016 >_ $4,850 2016 > _ $4,85012017>= $4,950 Generic Greater of 5% or i ! Not covered Greater of 5% or i j Not covered $2.65 / $2.95 ! $2.95 / $3.30 i Preferred Brand Greater of S% or Not covered Greater of 5% or I Not covered $6.60 / $7.40 ! $7.40 / $8.25 Non -Preferred Brand Greater of 5% or ! i Not covered Greater of 5% or Not covered $6.60 / $7.40 I $7.40 / $8.25 I Specialty Injectables Greater of 5% or 1 Not covered Greater of S% or Not covered $6.60 / $7.40 $7.40 / $8.25 Mail Order (90 day supply)2x I Not covered 2x ! Not covered Monthly Premium Current Alternative #t2 Single $319.92 $330.07 Family N/A N/A % Chane N/A 3.2% 'Cardiac; P --Physical; S=Speech; Occupational; 158 R&e Orr Ir tht RPhJf sul1 6t hi( ,-Jlrh BLUEMEDICARE GROUP MASTER AGREEMENT SECTION 1: INTRODUCTION This BlueMedicare Group Master Agreement (this "Agreement") describes the rights and obligations which you and Blue Cross and Blue Shield of Florida, Inc. ("Florida Blue") have with respect to the group Medicare Advantage, Medicare Advantage Prescription Drug Plan, and/or standalone Medicare Prescription Drug Plan (hereinafter, "Medicare Plan(s)") coverage to be provided by us to your Covered Retirees and Covered Dependents. References to "we", "us", "our," and Florida Blue throughout this Agreement refer to Blue Cross and Blue Shield of Florida, Inc. In exchange for your payment of the Premium, we agree to provide the coverage and/or benefits specified in the Evidence of Coverage for the Medicare Plan(s) ("Evidence of Coverage"), a copy of which is attached to this Agreement. The coverage to be provided by us under the Group Plan which you have established is described in the Evidence of Coverage. SECTION 2: DEFINITIONS Certain terms defined in the Agreement are also used and defined (for the convenience of Covered Persons) in the Evidence of Coverage. If a word or phrase starts with a capital letter, it is either the first word in a sentence, a proper name, a title, or a defined term. The following defined terms apply to this Agreement: Anniversary Date means the date one year after the Effective Date of coverage and subsequent annual anniversaries or such other date as mutually agreed to in writing by the parties. Appeal means a request submitted by or on behalf of a Covered Person for a review of our decision to deny a request for coverage of health care services or prescription drugs or payment for services or drugs. CMS means the Centers for Medicare and Medicaid Services CMS Requirements means the provisions of Parts C and D of Title XVIII of the Social Security Act, CMS Medicare Part C and D regulations at 42 C.F.R. Parts 422 and 423, the CMS Managed Care and Prescription Drug Benefit Manuals, other CMS instructions and guidance and the provisions of Florida Blue's contracts with CMS to offer the Medicare Plans. Covered Dependent means an Eligible Dependent who continues to meet all applicable eligibility requirements described in the Evidence of Coverage and who is enrolled, and actually covered, under the Agreement other than as a Covered Retiree. Covered Person means a Covered Retiree or a Covered Dependent. Covered Retiree means an Eligible Retiree, who continues to meet all applicable eligibility requirements described in the Evidence of Coverage and who is enrolled, and actually covered, under the Agreement other than as a Covered Dependent. 159 Effective Date for the Group means 12:01 a.m. on the date specified on the last page of this Agreement and for Covered Persons means 12:01 a.m. on the date coverage will begin as specified in the Evidence of Coverage. Eligible Dependent means an individual who rneets and continues to meet all of the eligibility requirements described in the Evidence of Coverage. Eligible Retiree means an individual who meets and continues to meet all of the eligibility requirements set forth in the Evidence of Coverage and is eligible to enroll as a Covered Retiree. An Eligible Retiree is not a Covered Retiree until actually enrolled and accepted for coverage as a Covered Retiree by us. Enrollment Forms means those forms, electronic or paper. which are approved by us and used to maintain accurate enrollment files under the Agreement. Grace Period means the sixty (60) calendar day period beginning on the date the Premium is due. Grievance means a type of complaint submitted by a Covered Person (or other person eligible under CMS Requirements to submit a Grievance) about us or one of our network providers or pharmacies, including a complaint concerning the quality of care. This type of complaint does not involve coverage or payment disputes. Group means the employer, labor union, association, partnership, corporation, department, other organization or entity through which coverage and benefits are issued by us. Note: References to "you" or "your" throughout the first part of this Agreement also refer to the Group. References to "you" or "your" in the Evidence of Coverage refer to Eligible Retirees, Eligible Dependents, Covered Retirees and/or Covered Dependents depending on the context and intent of the specific provision. Group Master Agreement or Agreement means the written document which is evidence of the entire agreement between the Group and Florida Blue whereby coverage and benefits are provided to Covered Persons. Late Enrollment Penalty ("LEP") means an amount added to the Part D Premium of an individual who did not have Part D coverage or other creditable prescription drug plan when the individual first became eligible for Part D or who had a break in Part D or other creditable prescription drug coverage for at least 63 days. Low Income Subsidy ("LIS") means the premium subsidy amount paid to us by CMS for qualifying Covered Persons with Medicare Part D coverage. Medicare Plan means the group Medicare Advantage Plan, Medicare Advantage Prescription Drug Plan, and/or standalone Medicare Prescription Drug Plan that you select. Premium means the amount required to be paid by the Group to us for coverage under this Agreement. Service Area means a geographic area where a Medicare Plan accepts members. 160 SECTION 3: ELIGIBILITY, ENROLLMENT AND DISENROLLMENT A. Eligibility Determination Determination of whether an individual is an Eligible Retiree or Eligible Dependent will be a two-step process: 1. You will determine whether the individual is eligible to participate in the retiree group health benefit plan that you sponsor. For individuals meeting your eligibility criteria, you will promptly forward completed applications to us. You are responsible for complying with all applicable laws and regulations, including but not limited to the Employee Retirement Income Security Act (ERISA) and the Internal Revenue Code, in making this eligibility determination. You must also comply with all eligibility guidelines included in the benefit administrative guide and Evidence of Coverage. 2. After receiving a complete application, we will process the application in accordance with CMS Requirements. An application must be approved by us and accepted by CMS for an individual to be enrolled in a Medicare Plan. B. Distribution of Enrollment Materials You may only distribute materials describing the Medicare Plan that we have provided to you or that we have approved in writing. You will distribute any pre -enrollment materials that we provide to you to each potential enrollee before collecting enrollment applications. Nothing in this Section will preclude you from making additional disclosures about your group health benefit plan as applicable to comply with ERISA, such as a wrap-around summary plan description or other plan document. If applicable, you are solely responsible for compliance with ERISA disclosure requirements in connection with the Medicare Plan(s). C. Group Disenrollment If you decide to disenroll all Covered Persons from a Medicare Plan, you must: Notify all beneficiaries that you intend to disenroll them from the Medicare Plan. You will provide this notice at least twenty one (21) calendar days before the disenrollment. This notice will explain how to contact Medicare for information about other plan options that may be available. You will include language provided by Florida Blue in this notice to meet specific CMS Requirements for notice contents. 2. Provide us with all information necessary to submit a complete disenrollment request transaction to CMS in accordance with CMS Requirements. 3. In the event of termination of this Agreement, provide advanced notice in accordance with Section 4 of this Agreement. D. Individual Covered Person Disenrollment Covered Persons may be disenrolled from a Medicare Plan by Florida Blue if they become ineligible for continued enrollment. Covered Persons may also be disenrolled if this Agreement terminates or if you 161 inform us that they are no longer eligible to participate in your retiree group health plan. If Florida Blue determines that a Covered Person is ineligible for continued enrollment or if you instruct us to disenroll an individual, you must: 1. Provide us with at least thirty (30) calendar days advanced notice of the ineligibility or disenrollment election of an individual; and 2. Provide the Covered Person(s) who will be disenrolled with at least twenty one (21) calendar days advanced notice of the termination and of other insurance options that are available to them. You will include language provided by Florida Blue in this notice to meet specific CMS Requirements for notice contents. The Covered Person will have the opportunity to elect another plan offered by us or by you, join Original Medicare, or join another carrier's Medicare Plan (by submitting an enrollment request to that organization). SECTION 4: TERM AND TERMINATION A. Term of Agreement and Renewal Process This Agreement shall become effective as of the Effective Date provided: (1) that we accept your Group Application; and (2) that you pay the required initial Premium specified by us. This Agreement shall continue in effect until the first Anniversary Date following the Effective Date unless terminated earlier as permitted by its terms. After the initial term, this Agreement shall automatically renew each succeeding year on the Anniversary Date for an additional one-year period unless: 1. At least sixty (60) calendar days prior to such Anniversary Date, you notify us that you do not want the Agreement to automatically renew; or 2. It is terminated as permitted by its terms. At least ninety (90) calendar days before each Anniversary Date, we will provide you with notice of changes in Premium and benefits under the Medicare Plan for the upcoming year (the "Renewal Notice"). If this Agreement renews as specified above, all of its terms and provisions (including the Premium due) shall be amended to include the terms of the Renewal Notice, and the amended Agreement shall govern coverage as of the Anniversary Date. Payment of the new charges shall constitute acceptance of the change in Premium rates. This Agreement is conditionally renewable. This means that it automatically renews each year on your Anniversary Date unless terminated earlier in accordance with its terms. B. Termination by Group The Group may cancel this Agreement on its Anniversary Date by giving written notice to us at least sixty (60) calendar days in advance, unless we have initiated a termination for any of the reasons stated below. 4 162 C. Termination by Florida Blue We may terminate this Agreement or refuse to renew for the following reasons: 1. Failure to Pay Premiums. You do not pay Premiums in accordance with its terms or we have not received timely Premium payments prior to the end of the Grace Period. Termination of this Agreement for failure to pay premiums shall be effective as of the end of the Grace Period. In the event of such termination, you are obligated to pay the following: a. Any portion of the Premium due for coverage provided by us prior to termination; and b. Any amounts otherwise due us. 2. Fraud or Intentional Misrepresentation of Material Fact. You perform an act, or engage in any practice, that constitutes fraud or make an intentional misrepresentation of material fact. 3. Group Contribution and Participation and CMS Rules. You do not comply with: (1) a material provision which relates to rules for Group contributions or Covered Person participation; or (2) any provision in this Agreement which relates to LIS or other CMS Requirements. 4. Service Area. There is no longer any Covered Person who lives, resides, or works in the Service Area. 5. Termination or Non -renewal of the CMS Contract. We will provide you with at least ninety (90) calendar days' notice upon termination or non -renewal of our contract with CMS. Except as specifically provided in this Subsection 4.C, if we decide to terminate or not renew the Agreement based on one or more of the circumstances mentioned above, we will give you at least forty- five (45) calendar days advance written notice. D. Notification of Termination to Covered Retirees It is your obligation to immediately notify each Covered Person of any such termination of this Agreement for any reason, consistent with the requirements of Section 3 of this Agreement. E. Representations Made By, and Obligations of, the Group In agreeing to provide coverage in accordance with the terms of this Agreement, we rely on the representations you made when you applied for coverage with us and your representation that you have authority to act on behalf of all Covered Persons with respect to this Agreement. Consequently, every act by, agreement with, or notice given to, you will be binding on all Covered Persons. You agree that you shall offer to all Eligible Retirees the opportunity to become a Covered Person under this Agreement. You agree that, if requested by us, you will distribute the Evidence of Coverage and other coverage materials to Covered Persons. 5 163 SECTION 5: PAYMENT PROVISIONS A. Monthly Invoice We will prepare a monthly invoice of the Premium due on or before the due date. This monthly invoice will also reflect any prorated charges and credits resulting from changes in the number of Covered Persons and changes in the types of coverage that took place in the previous or current month. If you become aware that a Covered Person will become ineligible, you must provide us with written notice of such ineligibility as described in Section 3 of this Agreement. You shall be liable to us for the Premium due for each individual enrolled in a Medicare Plan under this Agreement until the effective date of disenrollment, which is set by CMS Requirements. You must pay the total amount of the invoice. Do not add names to an invoice, change coverage or pay for a retiree or dependent whose name does not appear on the invoice. No changes can be made to a Group invoice unless a signed application form is on file and submitted to Florida Blue. Payment shall be for the total amount of the Group invoice. B. Payment Due Date The first Premium payment is due before the Effective Date of the Agreement. Each following payment is due monthly unless you agree with us in writing on some other method and/or frequency of payment. The Premium is due and payable on or before the first day of each succeeding calendar month to which such payments apply. C. Grace Period This Agreement has a sixty (60) calendar day Premium payment Grace Period, which begins on the date the Premium payment is due. if we do not receive the required Premium payment on or before the date it is due, it may be paid during this Grace Period. Coverage will stay in force during the Grace Period. If Premium payments are not received by the end of the Grace Period, we will terminate this Agreement and proceed with the disenrollment of Covered Persons as described in Section 3 of this Agreement. D. Changes in Premium Premium rates may be changed on your Anniversary Date as described in Section 4.A above regarding renewal. E. Other Rules Regarding the Payment of Premiums CMS rules govern the effective date of any disenrollment of a Covered Person under this Agreement, and we are not required to retroactively terminate this Agreement or coverage for any Covered Person. If full payment of the Premium is not paid when due, this Agreement may be terminated as described in Section 4 of this Agreement. 6 164 F. Premium Subsidization You may subsidize Premium amounts charged to Eligible Retirees. You are responsible for compliance with all applicable laws and regulations relating to your subsidy of Premiums. including ERISA and CMS Requirements, as applicable. You acknowledge and agree that Premium subsidization may vary for different classes of Eligible Retirees only if such classes are reasonable and based on objective business criteria. You represent and warrant that you will not vary Premium subsidization based on any Covered Person's eligibility for LIS. Further, you will not vary Premium subsidization for individuals within a given class of Eligible Retirees. In no case will you charge an Eligible Retiree more than the sum of the monthly Premium that we charge you for the Medicare Plan benefits. G. Low Income Subsidy You will comply with the following requirements in connection with LIS: 1. You are required to pass through any LIS payments received from CMS to reduce the Premium amount that the Covered Retiree pays. You will first apply any LIS amounts to a Covered Person's share of Premium. You may not benefit from any LIS amount until the Premium for a Covered Person (including amounts for the non -drug benefits in a combined Medicare Advantage Prescription Drug Plan) paid by a Covered Retiree is reduced to zero ($0.00). 2. You are responsible for reducing up -front Premium contributions that you collect from Covered Retirees for any Covered Persons eligible for LIS. In limited situations where you are unable to reduce the up -front Premium contribution (e.g. if LIS is awarded retroactively), you will directly refund the LIS amount to the Eligible Retiree within fifteen (15) calendar days of the date you receive the LIS amount from Florida Blue. H. Late Enrollment Penalty (LEP) The Premium for an individual Covered Person may be higher if the Covered Person is assessed an LEP for not enrolling in Part B in a timely manner. This higher Premium will be reflected on the bill you receive from us. I. Premium Billing You will be responsible for the payment of the "Total Monthly Premium per Covered Retiree" of all Group members. The Total Monthly Premium may be less for Covered Persons who qualify for LIS as defined by CMS. You will also be responsible for any LEP charges that Group members have been assessed by CMS. The first Premium charge is payable before the Effective Date of this Agreement. Monthly charges are payable on the first day of each following month during the time this Agreement is in effect. J. Retroactive Premium Adjustment The monthly charge will be determined from our records by the number of Covered Retirees who have been confirmed through the CMS enrollment transaction process. Retroactive adjustments will be made for additions and terminations of Covered Retirees and for Covered Retirees who have been confirmed through the CMS enrollment transaction process after the initial billing statement. Any refund that is owed to a Covered Retiree must come from the Group, unless the Covered Retiree is billed directly by 7 165 us. Florida Blue will only adjust the amount due of a Group and will not refund Premium(s) paid to a Covered Retiree, unless we mutually agree that a Covered Retiree is to be directly billed by Florida Blue. You must refund to Covered Retirees any amounts received from us that are due to Covered Retirees in a timely manner. SECTION 6: HOST BLUE PLANS A. Out of Area Services We have relationships with other Blue Cross and/or Blue Shield Licensees ("Host Blues") referred to generally as the "Medicare Advantage Program." When Covered Persons access healthcare services outside of Florida, the claim for those services will be processed through the Medicare Advantage Program and presented to us for payment in accordance with the rules of the Medicare Advantage Program policies then in effect. The Medicare Advantage Program available to Covered Persons under this Agreement is described generally below. B. Covered Persons Liability Calculation The cost of the service on which the Covered Person's liability is based, will be either: 1. The Medicare allowable amount for covered services; or 2. The amount we negotiate with the provider of the Host Blue negotiates with its provider on behalf of our Covered Persons, if applicable. The amount negotiated may be either higher than, lower than, or equal to the Medicare allowable amount. SECTION 7: GENERAL PROVISIONS A. Administration and Record Retention You must provide us with any information we need to administer the coverage and/or benefits to be provided or needed to compute the Premium due. While this coverage is in force, we have the right, at any reasonable time, to examine your records on any issues necessary to verify information provided by you. You must retain all records relating to this Agreement, including but not limited to those relating to LIS administration, for the current calendar year plus an additional ten (10) years. B. Assignment and Delegation You may not assign, delegate or otherwise transfer this Agreement and the obligations hereunder without our written consent. Any assignment, delegation, or transfer made in violation of this provision shall be void. We may assign, delegate, or otherwise transfer this Agreement to our successor in interest or an affiliated entity without your consent at any time. C. Authorization Where this Agreement requires that an act involving the administration of coverage and/or benefits be authorized or approved by us, such authorization or approval shall be considered given when provided in writing by a duly authorized officer of Florida Blue or his or her designee. 8 166 D. Evidence of Coverage We will provide an Evidence of Coverage and ID Card for each Covered Retiree. The Evidence of Coverage will describe the coverage and benefits to be provided to Covered Persons by us. You agree that, if requested by us, you will distribute the Evidence of Coverage (and any Endorsements to it) and other coverage materials to Covered Persons. E. Grievance and Appeals Process We have established and will maintain a process for hearing and resolving Grievances and Appeals raised by Covered Persons in accordance with CMS requirements. Details regarding this process are provided in the Evidence of Coverage. F. Changes to the Agreement Florida Blue may make any changes to this Agreement that are necessary to meet CMS Requirements ("CMS Mandated Amendments") with sixty (60) calendar days advanced written notice to you. Such changes shall become effective as amendments to this Agreement upon expiration of this sixty (60) calendar day notice period. Except in the case of (a) CMS Mandated Amendments or (b) Renewal Notices as described in Section 4.A., no person may change, modify, or revise the written terms or provisions of this Agreement unless such change is made by a written amendment signed by one of our duly authorized officers. For example, no Eligible Retiree or agent of Florida Blue or the Group can change or waive the written terms or provisions of this Agreement except as stated in the first sentence of this paragraph. G. Furnishing and Maintaining Enrollment Records You must provide any information required by us for the purpose of creating and maintaining enrollment records, processing terminations, and recording changes in family status. In addition, you and each Eligible Retiree must submit accurate and complete Enrollment Forms on a timely basis. You are responsible for collecting the Enrollment Forms, reviewing them for accuracy and completeness, and forwarding them to us, along with the applicable Premium payment. All enrollment record information which is relevant to the eligibility or coverage status of any individual must be made available to us for inspection and copying upon request. H. Errors or Delays Clerical errors or delays by us in maintaining enrollment records regarding Covered Persons will not invalidate coverage which would otherwise be validly in force or continue coverage which would otherwise be validly terminated, provided you have furnished us with timely and accurate enrollment information. Errors or delays by you in furnishing accurate enrollment information to us will not affect our right to strictly enforce any and all eligibility requirements. I. Entire Agreement This Agreement sets forth the exclusive and entire understanding and agreement between the parties and shall be binding upon the Covered Persons, the parties, and any of their subsidiaries, affiliates, 9 167 successors, heirs, and permitted assigns. All prior negotiations, agreements, and understandings are superseded hereby. No oral statements. representations. or understanding by any person can change, alter, delete, add or otherwise modify the express written terms of this Agreement, which includes the terms of coverage and/or benefits set forth in the Evidence of Coverage, the Schedule of Benefits, and any other attachments, amendments or riders. J. Financial Responsibilities of the Group We reserve the right to recover any benefit payments made to or on behalf of any individual whose coverage has been terminated. Our recovery efforts may relate to benefit payments made for health care services rendered subsequent to the Covered Person's termination date and prior to the date notice of coverage termination is required to be made by you. Your cooperation with and support such recovery efforts is required. In the event that you do not comply with the notice requirements set forth in Subsection 5.A (Monthly Invoice), you shall be solely liable to us for Premium due until the effective date established by CMS for a Covered Person's disenrollment. K. Indemnification You shall hold harmless and indemnify Florida Blue, against all claims, demands, liabilities, or expenses (including reasonable attorney fees and court costs), which are related to, arise out of, or are in connection with any of your acts or omissions, or acts or omissions of any of your employees, retirees or agents, in the performance of your obligations under this Agreement. We are not your agent, nor are you our agent, for any purpose. This paragraph shall only apply to the extent allowed under Florida Statutes § 768.28. L. Representations on the Group Application and the Enrollment Forms We rely on the information you and your Eligible Retirees provide to determine whether to issue coverage; the appropriate Premium and financing method; and eligibility for coverage. All such information must be accurate, truthful, and complete. Statements made on the Enrollment Forms are representations and not warranties. We may cancel, terminate, or void this Agreement if the information which you provide is fraudulent, or if you make an intentional misrepresentation. M. Reservation of Right to Contract We reserve the right to contract with any individuals, corporations, associations, partnerships, or other entities for assistance with the servicing of coverage and benefits to be provided by us or obligations due, under this Agreement. N. Service Mark You, on behalf of the Group and its Covered Retirees, hereby expressly acknowledge your understanding that this Agreement constitutes a contract solely between you and Florida Blue. We are an independent corporation operating under a license with the Blue Cross and Blue Shield Association, an association of independent Blue Cross and Blue Shield Plans, (the "Association") permitting us to use 10 168 the Blue Cross and Blue Shield Service Mark in the state of Florida and that we are not contracting as the agent of the Association. You further acknowledge and agree that you have not entered into this contract based upon representations by any person other than us and that no person, entity, or organization other than us shall be held accountable or liable to you for any of our obligations created under this Agreement. This paragraph shall not create any additional obligations whatsoever on our part other than those obligations created under other provisions of this Agreement. O. Third Party Beneficiary This Agreement was entered into solely and specifically for the benefit of Florida Blue and the Group. The terms and provisions of the Agreement shall be binding solely upon, and inure solely to the benefit of, Florida Blue and the Group, and no other person shall have any rights, interest or claims under this Agreement, including the Evidence of Coverage, or be entitled to sue for a breach thereof as a third - party beneficiary or otherwise. Florida Blue and the Group hereby specifically express their intent that health care providers that have not entered into contracts with Florida Blue to participate in Florida Blue's provider networks shall not be third -party beneficiaries under this Agreement, including the Evidence of Coverage. P. Inspection and Audit You shall permit CMS, The U.S. Department of Health and Human Services, the Comptroller General, or their designees, to inspect, evaluate, and audit any of your books, contracts, medical records, patient care documentation, documents, papers, and other records pertaining to coverage by providing records to Florida Blue, which will submit the records to CMS. This right to inspect, evaluate, and audit shall extend ten (10) years from the expiration or termination of the Agreement or completion of final audit, whichever is later, unless otherwise required by applicable law. Q. Benefit Administrator Guide We will provide you with a Benefit Administrator Guide, which provides details related to how your plan is administered and your responsibilities as a benefit administrator. R. Member Communications and Campaigns We may send CMS required or Florida Blue member communications without your consent. Samples of all required materials are available upon request for informational purposes. We may also contact Covered Persons by telephone regarding any Florida Blue campaign and any campaign approved by the Florida Office of Insurance Regulation and/or CMS, as applicable. We will notify you of the campaign prior to making contact with members. S. COBRA You are solely responsible for determining when individuals are eligible for coverage under a Medicare Plan pursuant to the Consolidated Omnibus Budget Reconciliation Act (`COBRA"). You will notify us promptly of any COBRA elections. For more information on your COBRA responsibilities refer to the Benefit Administrator Guide. 169 In consideration of the payment of Premiums when due and subject to all of the terms of this Agreement, Blue Cross Blue Shield of Florida, Inc. hereby agrees to provide each enrollee of Indian River County BOCC the benefits of this Agreement as set forth in the attached Evidence of Coverage beginning on each enrollee's effective date. The Group has selected the following plan and premium: PPO2Rx1 $365.54 The Group's Agreement is effective as of October 1, 2016 IN WITNESS WHEREOF, the parties have executed this Agreement as of August 16, 2016 Blue Cross Blue Shield of Florida, Inc. (DBA Florida Blue) (Signature) Indian River County BOCC M. (Signature) Name: Lynn Esposito Name: (Please Print or Type) (Please Print or Type) Title: Vice President, Sales Operations Title: APPROVED AM TO FORM AND LEGAL SUFFICIENCY BY YLAN REINGOLD COUNTY ATTORNEY 01 170 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason Brown, County Administrator THROUGH: John King, Director`11 Department of Emer e c%rvices FROM: Maria Resto, Radiological Emergency Analyst/Radio System Manager DATE: August 9, 2016 SUBJECT: Authorization of Selection of P25 Migration Project Vendor and Agreement for Service It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: Indian River County's Enhanced Digital Access Communication System (EDACS) radio system became fully operational in 1996 and it services all county and city agencies within Indian River County with a full-time, interoperable gateway between Indian River County and Brevard County EDACS systems for public safety user interoperation. The system incorporates both fiber optic network and a microwave radio system. The microwave radios are obsolete and are no longer supported by the manufacturer and the fiber system, in its present state, is unstable to support the two way radio system and planned upgrades. To correct the system's deficiencies and meet current operational standards the County proposed a migration to the Federal Communications Commission recommended Project 25 (P25) which is the standard for the design and manufacture of interoperable digital two way communications for public safety organizations. The County anticipates a phased upgrade of the existing system over a five-year period. To determine the extent of interest and provide an opportunity for voluntary marketplace input regarding this extensive upgrade, the Purchasing Division issued a Request for Information (RFI). In the same manner as a typical Bid, RFP or RFQ, the RFI # (2016047) was posted to Demandstar and advertised in the Indian River Press Journal, with 311 Demandstar subscribers notified and 21 firms obtaining the documents. The sole response received was submitted by Communications International Inc. This limited response indicates a limited availability of vendors capable of meeting our project needs, and leads staff to anticipate a similar lack of response to any subsequent Bid or Request for Proposals. 171 FUNDING: Staff is not requesting funding at this time. RECOMMENDATION: Based on Communications International Inc. submittal and the limited response to the Request for Information, staff recommends the Board to award the work to Communications International Inc. as a sole source and waive the requirement for bid. Work to be performed will be through individual work orders and will be brought back to the Board for formal approval. ATTACHMENT: 1. Request for Information #2016047. 2. Communications International Response to Request for Information APPROVED FOR AGENDA FOR: Auizust 16.2016 BY: (11� Jas n Blown Co nt Administrator Indian River Co. App ve Date 3 It )b Legal Budget Dept. Risk Mgr. General Svcs. 172 VE,R Indian River County Purchasing Division z 1800 27th Street Vero Beach, FL 32960 �* * \LORIO Phone (772) 226-1416 Request for Information #2016047 — Countywide P25 Microwave Radio System Migration Project Scope of Services 1. INTRODUCTION This Request for Information (RFI) is to seek qualified vendors for the migration of the current 800 MHz countywide radio system to a P-25 Phase II system and EDACS system. This RFI is issued solely to determine the extent of interest and to provide an opportunity for voluntary marketplace input; it is not a promise to purchase anything. Vendors who respond to this RFI and meet the qualifications will be notified of any future bid or proposal opportunity. No oral interpretations will be made to any respondent as to the meaning of the RFI documents. Every request for such an interpretation shall be made in writing, addressed and forwarded to purchasing@ircgov.com. The deadline for receipt of responses is 2:00 p.m. on July 20, 2016. Information shall be provided on the attached Response Form and sent via e-mail to purchasing@ircgov.com with the subject "Response to RFI 2016047". 2. CURRENT EQUIPMENT OVERVIEW Indian River County's EDACS radio system became fully operational in 1996. The radio system has three (3) simulcast sites, one (1) voted site, one (1) "hot standby" site, one (1) E911 backup PSAP site, and is interfaced with three (3) E911 PSAP sites. The current radio system services all county and city agencies within Indian River County and has a full-time interoperable gateway between the Indian River County and Brevard County EDACS systems for public safety user interoperation. This connection will be maintained throughout this process. Vendors will be capable of performing the following tasks and supplying system components as identified below: To install and commission a microwave system that will support both P -2S Simulcast and EDACS simulcast concurrently with the tolerances required to maintain a public safety level of service, stable operation and functionality. • Repurpose the existing Alcatel microwaves to obtain and implement a net of two (2) high capacity links with the excess equipment to be utilized for spare parts. 173 RFI 2016047 Perform a replacement of all consoles with Symphony consoles and requisite switch that allows for a network interoperable connection between the existing EDACS system and the new P-25 system. Interface an existing Migration Gateway to the existing EDACS IMC to the new Vida core switch. This stage of the migration will be in use for at least several years to allow for budget cycle funding of user equipment. All new user equipment will be capable of operating in the EDACS and P-25 Phase II mode to allow full featured support required for the interim system configuration. The proposer will be required to guarantee that the new equipment will be compatible with all functionality of existing communications infrastructure. • Interface four (4) channel five (5) sites of P-25 Phase II with an existing County EDACS system for parallel operations as mentioned above. The intent is to effect a smooth and reliable interoperation between the two systems while agencies continue to budget and purchase compatible equipment. • During the user migration period, additional sites will be evaluated; and, if required, implemented into the system expansion. A strong emphasis is placed on no disruption of service, which is paramount. Severe penalties will be placed on failure to perform to a public safety grade of service. • Implementation of a Be -On network with the associated licenses and peripheral systems will be provided. The required factory knowledge and familiarity with this product will be required for integration into the P-25 and EDACS system. • Eventually, additional channels will be added to the P-25 system. This will provide for capacity with system usage and eventual migration to the Phase II P -2S. • All vendors' engineers and technicians shall work with the existing radio service provider during the cutover and shall correct any issues that occur immediately as to not disrupt radio traffic. Cutovers should be coordinated during non -peak radio traffic hours to minimize any foreseen downtime. The cost of this shall be the responsibility of the provider. • Proposers must have a minimum of 8 years of hands-on experience, factory training and certification with the referenced equipment. Multiple references will be required to substantiate qualifications. • Vendors shall provide technical support available on site 24/7/365 within a one (1) hour notice of disruption and effect a repair within four (4) hours. This shall apply to each and every subset of equipment provided in this project and to any product into with which the radio system must interface. • As this is a public safety radio system, all work shall be conducted with no disruption of service. The proposer shall be responsible for all costs and liquidated damages associated with any disruption of service and any remedial effort needed to restore system to full operation. The County anticipates a phased replacement of the existing system over a five-year period. It is anticipated that the end using entities will purchase their own radios separately. Page 2 of 4 174 R F 1 2016047 Response Form Indian River County RFI 2016047 — Countywide P25 Microwave Radio System Migration Project Firm Name Address Contact Name Contact Email Contact Phone Years of Experience with referenced equipment Dates firm earned certifications (include cert #s, if applicable) Client Reference #1 Contact Name Phone Email System Year completed Was your firm prime contractor? Client Reference #2 Contact Name Phone Email System Year completed Was your firm prime contractor? Client Reference #3 Contact Name Phone Email System Year completed Was your firm prime contractor? Page 3 of 4 175 R F 1 2016047 Describe firm's qualifications to execute work as described (brochures regarding related experience may also be attached to and submitted with this form): Page 4 of 4 176 9ndiian Muer Coun� REQUFSTVP RA�NFORMATfON COUNTYWIDE P25 MICROWA SYSTEM MGRAT1 PR . .�;a,�%-•s d "rte _ 's,��" � �� � . 0 COMMUNICATIONS INTERNATIONAL An Employee Owned Company 177 s CCONNUNic A - IC'N 1 IN1 LRNA1 0N/ -,L Indian c: Indian River County Purchasing Division 1800 271h Street Vero Beach, FL 32960 July 20, 2016 Re: Request for Information #2016047 — Countywide P25 Microwave Radio System Migration Project Communications International (Ci) is proud and privileged to have Indian River County as its first and longest term public safety customer. Over the years, Ci has proven that we are committed to fulfilling the County's emergency communications needs, and I would like to thank the Indian River County for allowing us this opportunity to respond to Request for Information #2016047. Since 1975, Ci has remained an active community employer and supporter of local nonprofit agencies that impact our community and taxpayers. Headquartered here in Vero Beach, our highly skilled team of former law enforcement, firefighters, and military personnel has provided the County with the highest level of service, support, and technical expertise. During Hurricanes Frances and Jeanne, Ci dedicated its entire staff to bringing the Sheriffs Office Dispatch Complex back on line within 48 hours of the destruction of the communications center. We understand how crucial it is for agencies to be able to communicate in all situations and Indian River County can be confident that it has chosen the best partner as it continues its relationship with Ci. On behalf of our entire employee -owned company, please know that Ci is fully committed to doing whatever it takes to continue our successful relationship. If I can offer any additional input to supplement our list of qualifications, I would be most eager to address Indian River County management or commissioners as to our experience, training and dedication in serving your mission critical needs. Respectfully submitted, Bob Stork CEO Communications International E: rstork@ask4ci.com Ph: 772-978-4101 44SO US Highway i , Vero Beach, F L 32907 772 569-5355 www.askci.com 178 TABLE OF CONTENTS Cover Letter Tableof Contents........................................................................................ 3 ResponseForm ........................................ ................. .............................. 4 Qualifications...................................... ............... ........................... ......... 5 Compliance........................................................................................... 5 CiCompany Brochure................................................................................ 14 179 Response Form Indian River County RFI 2016047 — Countywide P25 Microwave Radio System Migration Project Firm Name Communications International, Inc. Address 4450 US Highway 1 Vero Beach, FL 32967 Contact Name Robert Wm. Stork Contact Email rstork@ask4ci.com Contact Phone 772-569-5355 Years of Experience with referenced equipment 40♦ Dates firm earned certifications (include cert #s, if applicable) 1976 Client Reference #1 Hillsborough County, Florida Contact Name Steve Mitchell Phone 813-247-0715 Email smitchel@hcso.tampa.fl.us System 8 Site 20 Channel EDACS Simulcast West System, 10 Site 15 Channel EDACS Simulcast East System 4 Site 10 Channel P25 700 MHZ Simulcast System Year completed Initial system 1998, technology upgrade 2008, 2012 technical refresh ongoing migration project Was your firm prime contractor? yes Client Reference #2 Collier County, Florida Contact Name John Daly Phone 239-732-2531 Email johndaly@colliergov.net System 13 site EDACS Simulcast/ Multisite system to a 16 Site P25 Phase 2 capable P25 system Year completed ongoing migration project Was your firm prime contractor? yes Client Reference #3 City of Clearwater, FL Contact Name Scot Macdonald Phone 727 562-4890 ext 2890 Email Scot.MacDonald@myClearwater.com System 2 Site Simulcast 11 Channel EDACS to P25 Migration w 7 Symphony Consoles Year completed ongoing migration project Was your firm prime contractor? yes 4 of 21 180 Describe firm's qualifications to execute work as described (brochures regarding related experience may also be attached to and submitted with this form): Communications International has established an experienced senior -level team, with years of relevant experience and proven expertise in the design, integration, deployment, and support of complex communications systems. Under the direction of our seasoned management and technical leaders, Ci can offer the County a high level of assurance that the requirements are met on time and on budget. Critical communications needs such as this require the coordinated efforts of a diverse, multi -disciplined team. This solid team is capable and ready to perform the tasks necessary to execute the project. Please see the attached compliance matrix and company brochure to assist the County in summarizing our qualifications. 5 of 21 181 INDIAN RIVER COUNTY PURCHASING DIVISION REQUEST FOR INFORMATION #2016047 — COUNTYWIDE P25 MICROWAVE RADIO SYSTEM • COMMUNICAi IONS iN1LRNA7 ONAL F Vendors will be capable of performing the following tasks and supplying system components as identified below: • To install and commission a microwave system that will support both P-25 Simulcast and EDACS simulcast concurrently with the tolerances required to maintain a public safety level of service, stable operation and functionality. Comply and exceed - Ci has designed, integrated, migrated and currently maintains several microwave back haul networks for public safety agencies such as the one required by the County. These networks support both the legacy type TDM simulcast circuits just as the County presently uses as well as new Ethernet based P25 Simulcast Systems. When upgrading the microwave backhaul system it is important that excessive latency not be introduced in to microwave causing compatibility issues with the legacy EDACS TDM circuits. Ci uses a Hybrid technology that supports both Ethernet and TDM in the native state eliminating latency and compatibility issues. Ci guarantees maintain public safety levels of service throughout the entire migration process. • Repurpose the existing Alcatel microwaves to obtain and implement a net of two (2) high capacity links with the excess equipment to be utilized for spare parts. Comply and exceed - Ci has several Alcatel trained and certified engineers and technicians locally on staff who routinely preform these types of upgrades. Repurposing of equipment when performing system upgrades is a common practice and specialty for our company. • Perform a replacement of all consoles with Symphony consoles and requisite switch that allows for a network interoperable connection between the existing EDACS system and the new P-25 system. Interface an existing Migration Gateway to the existing EDACS IMC to the new Vida core switch. This stage of the migration will be in use for at least several years to allow for budget cycle funding of user equipment. All new user equipment will be capable of operating in the EDACS and P-25 Phase II mode to allow full featured support required for the interim system configuration. The proposer will be required to guarantee that the new equipment will be compatible with all functionality of existing communications infrastructure. Comply and exceed - As a Harris distributor for the Southeast U.S., Ci has successfully supplied and integrated the Harris Symphony Console Dispatch System into many public safety systems with existing EDACS systems via EDACS Migration gateways. The migration gateway makes the transition to P25 seamless for the dispatchers as well as field units. The EDACS Migration Gateway in conjunction with Symphony dispatch systems enables units on the EDACS system to communicate with units on the P25 system as if all units were on the same radio system for a smooth cutover and no down time. 6 of 21 182 INDIAN RIVER COUNTY PURCHASING DIVISION REQUEST FOR INFORMATION #2016047 — COUNTYWIDE P25 MICROWAVE RADIO SYSTEM A few of our recent customers utilizing this integration include: Hillsborough County, FL City of Clearwater, FL Collier County, FL • C1COrlrluN!CA T 101\1S INl ENI,dA T IONAL City of Aventura, FL City of Coral Gables, FL • Interface four (4) channel five (5) sites of P-25 Phase II with an existing County EDACS system for parallel operations as mentioned above. The intent is to effect a smooth and reliable interoperation between the two systems while agencies continue to budget and purchase compatible equipment. Comply and exceed —Ci has many years of experience implementing smooth migration processes involving transitions from EDACS radio systems to P25 Phase I and II. For the migration period of parallel operations of the existing equipment and the new system full communication features and interoperability is maintained. Current systems that Ci have or is presently migrating while operating simultaneously with both EDACS and P25 Phase I and II include: City Of Clearwater, FL. Clearwater is a 2 Site Simulcast, 11 Channel EDACS to P25 Migration with 7 Symphony Consoles that is more than half way through the migration process to P25. The present system configuration supports both EDACS and P25 Phase 1 and Phase 2 calls that the dispatchers see as one common system for all users. Hillsborough County Sheriff's Office (HCSO). HCSO is an 8 Site, 20 Channel EDACS Simulcast West System, 10 Site 15 Channel EDACS Simulcast East System, 4 Site 10 Channel P25 700 MHZ Simulcast System with 54 Symphony Consoles. The system also serves the City of Tampa Police and Fire, Hillsborough County Fire Rescue, Temple Terrace, Plant City, Tampa International Airport, University of South Florida Police, Hillsborough County General Services and many other agencies within Hillsborough County. HCSO plans to build out the P25 infrastructure to the same footprint as the existing EDACS simulcast sites over the next 3 to 4 years and keep the EDACS systems in service until at least 2022 so that all the agencies have sufficient time to migrate to the P25 system. Collier County FL. Collier County is presently migrating its 13 site EDACS Simulcast/ Multisite system to a 16 Site P25 Phase 2 capable P25 system that consists of an 11 Site Simulcast P25 System with 5 Additional 4 to 5 channels sites that will cover the rural eastern parts of the County. Ci has installed the new VIDA P25 Core with Symphony Dispatch Platform at the two PSAP locations. The Collier VIDA Core is linked to the legacy EDACS IMC with an EDACS Migration Gateway so that radio traffic will simultaneously be transmitted on both the EDACS system as well as the new P25 system. In addition, Ci is also migrating Collier County off of its present microwave system to a new Microwave Networks, Inc. System that will serve the TDM circuit needs of the legacy EDACS system and the Ethernet requirements of the new P25 system. 7 of 21 183 INDIAN RIVER COUNTY PURCHASING DIVISION REQUEST FOR INFORMATION #2016047 — COUNTYWIDE P25 MICROWAVE RADIO SYSTEM s COMMUNICA' IONS NTLRNATIONAL • During the user migration period, additional sites will be evaluated; and, if required, implemented into the system expansion. A strong emphasis is placed on no disruption of service, which is paramount. Severe penalties will be placed on failure to perform to a public safety grade of service. Comply and exceed — Ci has the expertise, technology and the engineering staff to support any required radio coverage modeling. Our local presence coverage data can be quickly collected and analyzed to maximize a coverage plan. Ci has already provided additional sites to the County when coverage requirements increased without service interruption to the following agencies: ✓ Indian River County: Egret Marsh Site ✓ Brevard County: Barefoot Bay Site, Sharpes Site, Scotsmoor Fire Site, South Beach Site ✓ Hillsborough County Sheriff's Office: Cork Knight Site, Tampa General Hospital Site, TIA Airport Site ✓ Johnston County, NC: Magee's Cross Road Site, Clayton Site, East Site Relocation • Implementation of a Be -On network with the associated licenses and peripheral systems will be provided. The required factory knowledge and familiarity with this product will be required for integration into the P-25 and EDACS system. Comply and exceed — Ci has successfully deployed BeOn networks many times since Harris integrated it into the VIDA Core. Recent BeOn System deployments include: Customer # of BeOn clients Collier County, FL 5000 Johnston County, NC 500 Volusia County, FL Soo Brevard County, FL 50 City of Aventura, FL 50 Chowan County, NC 25 • Eventually, additional channels will be added to the P-25 system. This will provide for capacity with system usage and eventual migration to the Phase II P-25. Comply and exceed — Whether through system migration or from the old platform to the newer P25 platform Ci has worked with many agencies over the years to expand the channels in their systems as user demands increased. The Harris MastR V channel platform can easily be expanded from three channels up to 24 channels by simply adding shelves and modules while still maintaining full system functionality and stability. 8 of 21 184 INDIAN RIVER COUNTY PURCHASING DIVISION REQUEST FOR INFORMATION #2016047 - COUNTYWIDE P25 MICROWAVE RADIO SYSTEM s C1COMMUNICA II IONS NT LRNA.? ZONAL :. F.,.-. ... 1 ....-.., • All vendors' engineers and technicians shall work with the existing radio service provider during the cutover and shall correct any issues that occur immediately as to not disrupt radio traffic. Cutovers should be coordinated during non -peak radio traffic hours to minimize any foreseen downtime. The cost of this shall be the responsibility of the provider. Comply and exceed — Over the last 40 years Ci has worked several large, complicated cutover projects. In all cases we have worked with the customer on all cut -over plans to minimize impact to the end users and maintain functionality. With any change on working communications systems, integrity of the system is paramount. Ci vets any potential condition and plans accordingly. As a turnkey systems integrator, the costs of such work are inclusive to the project and are never charged to the customer as an afterthought. The cost for any corrective actions will be the responsibility of Ci and not passed on to the customer. • Proposers must have a minimum of 8 years of hands-on experience, factory training and certification with the referenced equipment. Multiple references will be required to substantiate qualifications. Comply and exceed — Since 1975, Ci has been the public safety systems integrator for Indian River County. All of our engineers, technicians, installers, programmers and networking professionals routinely take the required factory training classes and certifications that are recommended by the manufacturers and used in our system offerings. Experienced, factory trained and certified staff include: Steve Fisher • GE Mobile Communications Master lie • EDACS Master Technician • FCC General Radiotelephone Operator License Course • FCC General Radiotelephone Operator License • Hazard Communication Training - Safety Orientation • Hazard Communication Training - Employee Introduction • Hazard Communication Training - Material Safety Data Sheets • Hazard Communication Training - Toxicology • Hazard Communication Training - Labeling • Ericsson Inc. - Prism Master Stations • Com -Net Ericsson Critical Radio Systems Inc. - Simulcast System Maintenance Training • 1630 SX Sonet Operations and Maintenance • Cisco Systems - Interconnecting Cisco Network Devices • Harris - Intraplex Products • M/A-Com, Inc. - RAPTR, Digital Radio and Networking Training • M/A-Com, Inc. - Falcon Training • Harris - Grounding and Surge Suppression Training 9 of 21 185 INDIAN RIVER COUNTY PURCHASING DIVISION REQUEST FOR INFORMATION #2016047 - COUNTYWIDE P25 MICROWAVE RADIO SYSTEM s Cl0,M M U `J I C, A.' 10 N W LRNA11ONA.L r,,. .._ James Hewett • Harris M7200 System Model Radio Course (EDACS) • USAF - G3ABR46230-2, Weapons Mechanic (TAC) PDS Harris M7200 Scan Model Radio Course (EDACS) • M/A COM Field Tech Core Modules 0 CODE AXN, • Harris Farinon Division - Urbanet 2 & 10 • USAF - 4ASF46270-111 Weapons Release System • Harris Jaguar 725M System Model Radio Course (EDACS) • M/A COM Field Tech P25 Maintenance (A -10A) PDS Code U11 • Certificate of Appreciation - City of Clearwater • USAF - NCO Orientation Course (Phase 1, NCO PME) • Ericsson Inc. RAPTR v5.0 for Ericsson Engineers • Certificate of Appointment - Noncommissioned Officer - (P25) Sergeant • FCC General Radiotelephone Operator License • Com -Net Ericsson Critical Radio Systems, Inc. - • USAF - Supervisors' Course (Phase II, NCO PME) Introduction to Simulcast Maintenance Training • USAF - j4amf46250-016, ACFT. ARM. SYS. SPEC. (F -4E • Com -Net Ericsson Critical Radio Systems, Inc. - Nose Gun, In -Shop) (QT), PDS Code ZLE Mode) Trunked System Master Technician Training Harris Simulcast Field Engineer Certification • Harris P7150 Rdio Operation Course (P25) • Aether Systems - Technical PacketCluster 101 • USAF - 4AMF40000-001 Basic Electronics PDS Code T8D Harris VIDA Field Engineer Certification Course • USAF - 14AMF46270-134, Weapons Maintenance • Alcatel - 1630 SX Sonet Operations and Harris EDACS Proposal Engineer Certification Technician Course (F-15) (PDS Code 1ZL) Maintenance • USAF - J4AJF75000-006, OJT Supervisor's Orientation 0 Cisco Systems - Interconnecting Cisco Network Course (PDS Code 32X) Devices • USAF - 4AMF40000-002 - Advanced Electronics • M/A-COM - Field Eng. Core Modules • USAF - J4AMF40000-001, Basic Electronics (PDS Code TSD) • M/A-COM - Field Eng. Simulcast • GE Mobile Communications - PST Systems and Site Equipment • Harris - RAPTR Training • GE Mobile Communications - 16 Plus, S-550, Rangr, & M- & Harris Corp. - Grounding & Surge Suppression PD Training • GE Mobile Communications - 16 Plus Voice Guard systems • GE Mobile Communications - 16 Plus C3 Console Hoa Tran • FCC General Radiotelephone Operator License • Harris M7200 System Model Radio Course (EDACS) • GIS Security & Awareness Testing • Harris M7200 Scan Model Radio Course (EDACS) • M/A COM Field Tech Core Modules 0 Harris M7300 System Model Radio Course (EDACS) • M/A COM Field VIDA Network • Harris M7300 Scan Model Radio Course (EDACS) • M/A COM Field Tech EDACS Single/MultiSite • Harris Jaguar 725M System Model Radio Course (EDACS) • M/A COM Field Tech P25 • Harris EDACS Field Engineer Certification • M/A COM Field Tech OpenSky 0 Harris EDACS Field Technician Certification • M/A COM Field Simulcast • Harris OpenSky Field Technician Certification • Harris C3 Maestro Dispatch Console Course (P25) Harris P25 Field Technician Certification • Harris C3 Maestro Dispatch Console Course (EDACS Mode) • Harris OpenSky Field Engineer Certification • Harris P7270 Radio Operation Course (OpenSky Mode) • Harris VIDA Field Technician Certification • Harris P2750 Radio Operation Course (OpenSky Mode) Harris Simulcast Field Engineer Certification • Harris P7150 Rdio Operation Course (P25) • Harris P25 Field Engineer Certification • Harris P7150 Radio Operation Course (EDACS) • Harris VIDA Field Engineer Certification • Harris P7170 Radio Operation Course (P25) • Harris Sales Certification • Harris P7170 Radio Operation Course (EDACS) • Harris EDACS Proposal Engineer Certification 10 of 21 186 INDIAN RIVER COUNTY PURCHASING DIVISION REQUEST FOR INFORMATION #2016047 — COUNTYWIDE P25 MICROWAVE RADIO SYSTEM • Harris P7150 Radio Operation Course (EDACS Russian) • Harris P7250 Radio Operation Course (EDACS) • Harris M7100 System Model Radio Course (EDACS) • Harris VIP Console Operation Course (P25) • COMMI,NIC A T ONS INTLRNA' ZONAL • Harris VIDA proposal Engineer Certification Harris Simulcast Proposal Engineer Certification • Harris VIP Console Operation Course (OpenSky) • Harris P25 System Overview Course • • Harris EDACS System Overview Course • • Harris Orion system Model Radio Course (EDACS) Joseph Zrallack CAS Security & Awareness Testing Cisco Certified Network Associate Umed Zokirov Harris OpenSky Proposal Engineer Certification Harris P25 Proposal Engineer Certification Harris Corp. NetworkFirst Operation & Administration Training Harris Corp. Grounding & Surge Suppression Training Eupen Coax Training Course 11 of 21 187 • Jaguar 725M system Model Radio Course • P25 Overview - DELETE (EDACS) • P2SIP • P7150 Radio Operation Course (P25) • C3 Maestro Dispatch Console Course (EDACS Mode) • P7250 Radio Operaton Course (EDACS) • GPS Simulcast • Orion System Model Radio Course (EDACS) • Microwave Fundamentals • VIP Console Operation Course (P25) • OpenSky 201 • VIP Console Operation Course (OpenSky) • EDACS System Overview Course • P7170 Radio Operation Course (EDACS) • M7300 System Model Radio Course (OpenSky) • System Choices • M7100 System Model Radio Course (EDACS) • P710 Radio Operation Course (P25) • M7100 System Model Radio Course (Conventional) • P7370 Radio Operation Course (P25) • P7370 Radio Operation Course (P25) • Roadmap VIDA • P25 System Overview Course • Site Grounding • C3 Maestro Dispatch Console Course (P25) • P25 System Overview Course • P7150 Radio Operation Course (EDACS Russian) • Civils • P7150 Radio Operation Course (EDACS) • System solution Design • P7250 Radio Operation Course (OpenSky Mode) • PMI Project Management Professional • M7300 System Model Radio Course (EDACS) • RF Range Primer (Advanced Fundamentals) • Competition • System Configuration • P7350 Radio Operation Course (P25) • Dispatch Overview • M7300 Scan Model Radio Course (EDACS) • Radio 101 • M7200 system Model Radio Course (EDACS) • Information Assurance • M7200 Scan Model Radio Course (EDACS) • Consoles • Eupen Coax Training Course 11 of 21 187 INDIAN RIVER COUNTY PURCHASING DIVISION REQUEST FOR INFORMATION #2016047 — COUNTYWIDE P25 MICROWAVE RADIO SYSTEM Ryan Stork • FCC General Radiotelephone Operator License CJIS Security & Awareness Testing Tyco Electronics - Simulcast Systern Maintenance Training National Radio Examiners Certificate • Harris - NetworkFirst Operation & Administration Training 0 IN1 tRNA. i !ONA.[ • Microwave Networks - Proteus AM1 MX -Series • Harris P25 System Maintenance • Harris - MASTR V Station Maintenance • Eupen Coax braining Course Kenny Valliant • Indian River Community College - Associate in Arts • United Electronics Institute -Electronics Technician • FCC - Radio Telephone Operator License • Motorola Inc. DMT Module and DYNA tac Component I-evel Repairs • FCC General Radiotelephone Operator License • National Radio Examiners - Master of Communications Technology • SonetLynx Installation and maintenance Training • Ericsson Inc. - Prism MASTR Stations • Mobile Data Training CDPD, Dataradio, EDACS and Cerulean applications • Com -Net Ericsson Critical Radio systems - Introduction to Trunked systern Maintenance Training • Com -Net Ericsson Critical Radio Systems - Simulcast System Maintenance Training • Com -Net Ericsson Critical Radio Systems - Trunked System Master Technician Training • Cisco Systems Interconnecting Cisco Network Devices • Cisco Systems - Interconnecting Cisco Network Devices • Exacom - Hindsight -Net and EARS-2000IR • Com -Net Ericsson Critical Radio Systems, Inc. - Trunked System Master Technician Training James Apodaca • Grounding & Surge Suppression Training • Harris - MASTR V Station Maintenance • Hutton Installer Certification for Public Safety DAS Training Program • Vendors shall provide technical support available on site 24/7/365 within a one (1) hour notice of disruption and effect a repair within four (4) hours. This shall apply to each and every subset of equipment provided in this project and to any product into with which the radio system must interface. Comply and exceed - Ci has been providing this level of service to Indian River County for many years with technicians and engineers that are actual residents of the County. Ci also has the ability in the event of a disaster to pull technical personnel and equipment on short notice from our other 7 shops located around the State of Florida. As demonstrated during the hurricanes in the County in 2004, Ci partners with many suppliers that warehouse equipment within the state to deliver much needed equipment during emergencies. 12 of 21 188 INDIAN RIVER COUNTY PURCHASING DIVISION REQUEST FOR INFORMATION #2016047 — COUNTYWIDE P25 MICROWAVE RADIO SYSTEM • CCOMMW,m � I!VI ERNAT!Of,;AL • As this is a public safety radio system, all work shall be conducted with no disruption of service. The proposer shall be responsible for all costs and liquidated damages associated with any disruption of service and any remedial effort needed to restore system to full operation. Comply and exceed — As a turnkey systems integrator this is a requirement that all public safety agencies demand. Ci's project managers and engineers will work with the IRC users to schedule all work around the systems users' schedules to avoid the interruption of any services. The County anticipates a phased replacement of the existing system over a five-year period. It is anticipated that the end using entities will purchase their own radios separately. Comply and exceed —Ci has worked with many agencies over the years on long term system migrations. Ci's project management team can work with IRC to develop a plan to migrate the system while staying within an allowable yearly budget of the County. Ci will exceed Indian River County's RFI requirements and provide the latest state of the art critical communication system. Ci looks forward to continue working with all of the County employees and its users throughout your successful project implementation. 13 of 21 189 a. =Na TRUSTED SINCE 1975 ABOUT Ci Communications International (Ci) is a wireless systems integrator headquartered in Vero Beach, Florida specializing in the design and implementation of critical communications systems all over the Southeast. Ci was founded over 40 years ago with the mission to serve the public safety community with the best services and solutions to meet the telecommunications needs of our first responders. Since then, Ci has grown to become an employee -owned business with nine locations. Ci's history is one of service and integrity. We are a true partner to our customers - a single point of contact bringing together best -of -breed technologies, proven methodologies, and the commitment and expertise from more than 150 employee owners. • Employee -owned company since 2010 • Received Indian River County's "Best Places to Work" award in October 2010 • Knowledgeable staff featuring engineers, technicians, PMP -certified project managers, and experienced personnel • Nine service facilities located throughout Florida and North Carolina • More than 240 active contracts with over 200 State and Local Government agencies • Loyal customers that have been with us an average of 10 years comprise a significant portion of our business MISSION 2010 I�BEST Aldus to work - INDIAN RIVER Ci specializes in providing customized communication network solutions to meet the needs of those in the public safety, utility and transit industries from concept to completion. We also deliver quality support services to ensure the continued operability of the systems we provide and to maximize your return on investment. Our depth of experience in implementing single site, multi -site, simulcast and switching systems enables us to provide highly responsive, innovative and cost effective solutions. Our engineering, project management and field service teams understand the unique needs of wireless infrastructures and develop solutions to address those individual needs. Our past experience has taught us that equipment alone does not provide the total value that customers experience with Ci. We invest in gaining a full understanding of our customer needs and how radio communications can be used to help facilitate and enhance your operations. 15 of 21 191 SERVICE Strong customer relationships are built on superior service. Ci provides unequaled service and support to our customers in the communities in which we also reside. It is this commitment that has helped fuel Ci's growth over the past four decades. Whether implementing complex wide area systems, enhancing existing networks, system troubleshooting or providing maintenance and support, Ci gives you the knowledge and experience you'd expect from a manufacturer with the personal attention you deserve. OUR SERVICES INCLUDE: • System Engineering • Network Optimization • Equipment Calibration • Custom Software Development • Site and Project Management • Installation and Maintenance • Software Integration • Tower and General Construction • Training • Vehicle Upfitting and Installation r 16 of 21 192 SOLUTIONS Emergencies know no boundaries. First responders must communicate regionally, across jurisdictions and with legacy technologies. Ci delivers turnkey solutions and custom services to enable reliable communications across regions while allowing agencies to get the most from previous investments in systems, software and resources. Ci's solutions are tailored to fit your communications objectives, budget and timeline. We work closely with you to set clear expectations regarding the project's deliverables, expected benefits, scope, cost, and timing. This up front planning ensures we meet your needs while eliminating any "scope creep" or surprises. When it comes to providing turnkey solutions, no one does it better. At Ci, we are evolution experts, able to incorporate, support and service legacy systems while adding in new elements as needed. A few of our services include: Wireless Enaineeri Ci's Wireless Engineering services supply our customers with the necessary engineering expertise and design tools to successfully implement their wireless solution. We will assist you with the planning and development of your technology migration paths. In addition, our engineers will create a deployment plan that facilitates the most strategic use of your budget as well as to meet your technology needs. Ci's Wireless Engineering will support you with a complete suite of services including: • Discovery, analysis and understanding of existing system and operations • Design options for your optimal wireless solution needs • Deployment of the designed systems • System testing • Integration of the wireless solution with any existing systems • In -building RF coverage analysis and design 17 of 21 193 Program Management Ci's Program Management services are available during any stage of your project, from concept to the commissioning of operations. Our main goal is to deliver an efficient and cost effective solution. We accept full ownership and responsibility for developing, establishing and tracking timelines and pricing schedules throughout the term of the project, helping to ensure completion within budget and project deadlines. Ci Program Managers are certified Program Management Professionals (PMP) with years of experience in the field of telecommunications management solutions. Our highly experienced Program Management personnel will deliver comprehensive solutions utilizing the most current methodologies, procedures, databases and project tracking tools available in the industry. The PM is the single -point contact who will coordinate and oversee all aspects of your network deployment. The PM also has the authority to execute the contract requirements, and can access all necessary technical and management resources to support the proper execution of the contract. By working closely with you during the project planning stage, our Program Management team will create the optimum solution, while addressing the critical project components of quality, cost, and scheduling. Field Service Ci's Field Service team works with our customers in the most cost effective and technically efficient manner to provide on-going support and maintenance. Backed by our highly experienced team of engineers, system technicians and managers, Ci can offer a full range of support services to ensure the seamless operation of these new and existing systems including: • 24 x 7 remote monitoring of system health • 24 x 7 on-call support • Tier 2 support for local staff or self -maintained • Local presence and System/Operational Management M Rely on Ci We're right there with you! 18 of 21 194 A PROVEN APPROACH Our customers' needs are our top priority. We strive to be innovative to help you achieve your objectives, providing the right solution the first time with fiscal responsibility in mind. To deliver a solution that truly achieves your goals, our experts take your project from concept to completion and beyond with a proven approach. Our teams begin by listening to you, working collaboratively to discover your needs, challenges, and opportunities. Together, we define your desired "to be" state. From this point, we prioritize initiatives, setting clear expectations regarding the project's desired outcomes. Next, we design a solution that meets your requirements. We work both with our internal team of experts and with you to further develop a plan to ensure the project's success. We then deploy your solution, working in tandem with your staff to ensure a smooth transition to the new technology. Finally, we validate the successful completion of your project through a comprehensive acceptance test plan to ensure we've met the project goals and deliverables. Our proven approach continues to focus on you as we provide training, on-going maintenance and support for your system. SUCCESS STORIES Q has tackled projects large and small, simple and complex, new implementations and upgrades. From Las Vegas to Boston and from Trinidad to Tasmania, we're experts with domestic and international experience. BREVARD COUNTY FL VolusiaCo untv VOL USIA COUNTY, FL Co �¢ HILLSROROUGHC.OUNTY, Fl. My CITY OF NEW BERN, NC NEN BEKN NONtN :/yyYII).Nh INDIAN RIVER COUNTY, FL Ia. FRANKLIN COUNTY, NC (, STATE OF FLORIDA ORANGE COUNTY, CA Ar TRINIDADAND TOBAGO Technicians u Installers *\I, 19 of 21 195 My CITY OF NEW BERN, NC NEN BEKN NONtN :/yyYII).Nh Ia. FRANKLIN COUNTY, NC YADKIN COUNTY. NC BOSTON. MA Ar TRINIDADAND TOBAGO ONTARIO COUNTY NY Technicians u Installers *\I, 19 of 21 195 PARTNERS As an integrator, Ci has developed strong, long-term relationships with the many leading manufacturers in the industry. These relationships give our customers a comprehensive solution with the best technologies available. ZETI?Owa M 1 c ripin ave Networks Alcatel -Lucent OIL eXACOM'" FATPOT REGIONAL CENTER OF EXCELLENCE "RCE" Ci is proud to be one of the largest resellers and implementation providers of Harris products, and is recognized as the Regional Center of Excellence, "RCE" for Harris in the Southeastern United States. This prestigious designation is a testament to the relationship between Ci and Harris and builds on our success as a system integrator and solution provider. One of only five channel partners to carry this title, Ci is the master distributor for Harris products in an 11 -state region, providing products, services and support to nearly 40 Harris dealers. OG10NALCENTER OF 20 of 21 196 MULTIPLE LOCATIONS TO SERVE YOU With eight offices in Florida and one in North Carolina, Ci is here to serve you. • Daytona Beach, FL • Marianna, FL • Miami, FL • Naples, FL • Punta Gorda, FL • Rockledge, FL • Tampa, FL • Vero Beach, FL • Goldsboro, NC LOCATIONS: Vero Beach 4450 US Hwy 1 Vero Beach, FL 32967 772-569-5355 Rockledge 4045 Pines Industrial Ave. Rockledge, FL 32955 321-636-9885 Goldsboro 564 Isaac Smith Road Goldsboro, NC 27530 919-735-9200 C1Marianna Florida North Carolina • ClDaytona Beach • C{ d Rockledge it T a mpa • Vero Beach • C) Punta Gorda Ci Cj Miami Naples s COMMUNICATIONS INTERNATIONAL An Employee Owned Company Daytona Beach 10 Flagg St. Daytona Beach, FL 32117 386-947-9999 Miami 3513 NW 115th Ave. Doral, FL 33178 305-436-8233 Tampa 7792 Professional Place Tampa, FL 33637 813-887-1888 Naples 1910 J and C Blvd. Naples, FL 34109 239-514-4428 Cj siGrAdsburu Marianna 2843 Jefferson St. Marianna, FL 32448 850-482-3107 Punta Gorda 3769 Acline Rd., Unit 2 Punta Gorda, FL 33950 239-514-4428 21 of 21 197 CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: August 2, 2016 TO: Board of County Commissioners THROUGH: Jason E. Brown, County Administrator Michael Smykowski, Budget Director FROM: Jennifer Hyde, Purchasing Manage(.'1)( SUBJECT: Declare Marine 21 (Fleet 587/Asset 23517) Engines Surplus for Trade -In BACKGROUND: On July 12, 2016, the Board adopted Resolution 2016-064, amending the Budget to allocate $50,000 for emergency replacement of the two worn boat motors on Marine 21. At the time, the initial quote for purchase and installation of the new motors led to an estimated project cost of $45,657.00. The vendor, Vero Marine Center, has since offered to accept the replaced 2006 motors (minus the props) as trade-in for $2,000 each, reducing the total cost of the replacement to $41,657.00. RECOMMENDATION: Staff recommends that the Board of County Commissioners declare assets 23638 and 23639 (less their props) surplus and authorize the Fire Rescue Division to trade them to Vero Marine Center for a total $4,000.00 discount on the purchase of the two replacement outboards. ATTACHMENTS: Vero Marine Center Quote Disposal of Excess Property Form By: ENDA Jason E.(Brov)n, County Administrator For: August 16, 2016 Indian River Co Approv Date Admin 0 Legal 1l� Budget Department Capital Assets g 198 VERO MARINE CENTER 12 ROYAL PALM POINTE, VERO BEACH, FL 32960 PHONE: 17721562-7922 FAX: 17721562-7977 WEB. WWW.VEROMARINE.COM SOLD TO HOME PHONE BUSINESS PHONE DATE SOLD Indian River County Fire Dept 07/19/16 ADDRESS CITY COUNTY STATE ZIP CODE DELIVERY DATE 4225 43RD AVE VERO BEACH IR FL 132967 ASAP SALES PERSON DELIVERY INSTRUCTIONS EMAIL Artie Olson BOAT NEW MANUFACTURER MODEL YEAR HIN LOA;BEAM USED PORT NEW MANUFACTURER MODEL YEAR SN HP ENG/MOTOR USED Yamaha F30ONCA Current 6CEN1028253 300 STARBOARD NEW MANUFACTURER MODEL YEAR SN HP ENG/MOTOR USED Yarnaha F30ONCA Current 6CEN 1028085 300 #3 ENGINE NEW MANUFACTURER MODEL YEAR SN HP ENG/MOTOR USED LOWER UNIT SERIAL NUMBERS CONTROL BOX SERIAL TBD OPTIONAL EQUIPMENT PRICE ACCESSORIES PRICE BOAT (BASE PRICE) VMC to Install 2 New Yamaha Parts Discount V6 300HP 4 Stroke Outboards $(865 00) STARBOARD ENGINE $18,407.00 Labor 32 Hours @ $1101hr Deng, Rig, Prep. Test PORT ENGINE $18,828.00 Estimate Only' May require Parts Additional Parts for Command Link Plus Dual Steering, Fuel, or Battery Control Box $1,715.00 Systems 3 Gauge Command Link Kit $1,089.00 OPTIONS $5,767.00 2 DEC Main Harnesses $596.00 ACCESSORIES $(865.00) 2 SWS Stainless Props w/ Shift Dampening System $1,338.00 LABOR/INSTALL $3,520.00 3 Pigtail Harnesses $164.00 SUB -TOTAL $45,657.00 3 Main Bus Harnesses $14700 TRADE-IN ALLOWANCE $4,000.00 Inline Hub $45.00 NET SALE $41,657.00 Misc Rigging Supplies 5115.00 SALES TAX TAX EXEMPT Dual Key Switch Command Link Plus Push to Start/Stop $422.00 TITLE AND REGISTRATION Oil $9000 CASH SALE PRICE $41,657.00 Fuel Filters $46.00 LESS TOTAL DOWNPAYMENT TOTAL OPTIONAL TOTAL UNPAID BALANCE OF CASH EQUIPMENT $5,767.00 ACCESSORIES $(865.00) SALE $41,657.00 OTHER T RMS OR CONDITIONS OF ALE: Title to the above purchase shall pass to the buyer when payment for Trade In Values to be determined after inspection by VMC the equipment has been made In full. (See Paragraph #2 on the back 20% Down Required to Begin Work. Balance Due On Delivery of this agreement) Buyer Certifies that the terms and conditions Estimate subject to change upon inspection of boat by VMC printed on the back of this contract have been read and understood "Doesn't Include Additional Work or Custom Fabrication of Parts and are agreed to as part of this contract the same as if printed above signatures Dealer and buyer agree that if any paragraph or provision violates the law and is unenforceable, the rest of this contract DESCRIPTION OF TRADE-R_the BOAT MFG YEAR SIZE H.LN. ALLOWANCE will remain valid NOTE: Warranty and exclusions and limitations of damages on the reverse side Buyer hereby acknowledges receipt MOTOR MFG YEAR HP SN At Yamaha 250 $2.000 00 of a copy of this order and that buyer has read and understands the back of this agreement. Buyer also agrees that the balance will be MOTOR MFG YEAR HP SN S2 000 00 Yamaha 250 paid by cash, cashiers check or by the execution of a retail installment agreement and it's acceptance by a financing agency TRAILR MFG YEAR SIZE V I.N ALLOWANCE VERO-MARINE CENTER, INC -.". `- c! �'C._�_ DEALER NOT VALID UNLESS SIGNED AND ACCEPTED BUYER'S SIGNATURE 199 INDIAN RIVER COUNTY FORM FOR DISPOSAL/TRANSFER OF EXCESS PROPERTY TO: Raeanne Cone. Finance Department DATE: 7t20/2016 SUBJECT: Disposal/Transfer of Excess Property FROM: John King, Director, Department of Emergency Services Check One: Surplus Transfer Trade -In X Non -Capital Missing/Stolen Asset Number: 23638 and 23639 Department: ESD Fire Rescue Fleet Number: Was attached to M21 / FLT587 Serial Number: 6P2X-1007878 Description: F250TXRD 2006 YAMAHA MOTORS (2) Do you have possession of the asset9 Yes No X If Lost/Missing has a police report been filed? Yes No If yes, please attach a copy of the police report. If no, state reason: Is the item functional/WORK/NG CONDITION and could be used by another department? Yes No X If not in working condition, description of problems with item: engines are no longer serviceable If transfer, department transferred to: Contact Person: Telephone Number: Physical Location of asset: (The above information will aid Purchasing and Facilities Management in the process of equipment removal from department). If asset will b �111;Vlbcfi ced, please answer the following: Purchase derfor Replacement: 74805 Custodian Approval Date Replacement Receiv / �J Date Supervisor/Manager Date Approval vi"p, _ Dir ct ,John King k Date If asset transfer, approval of department receiving asset Approval Director Additional Comments: To be completed by Budget Department Date -7.4t - a0i(o Approved for: Sutplus Transfer Trade -In '\ Replacement Budget Director Date IT IS THE DISPOSING DEPARTMENT'S RESPONSIBILITY TO KEEP THE ITEM UNTIL FACILITIES MANAGEMENT CAN PICK UP. DO NOT REMOVE PROPERTY FROM YOUR LOCATION WITHOUT PROPER AUTHORIZATION FOR DISPOSAL. This form is to be used for all property with or without an asset number assigned. Please attach a copy of this form securely to the item being disposed of. All other forms for disposal/transfer of property now obsolete. Revised: August 2015 200 INDIAN RIVER COUNTY, FLORIDA PUBLIC WORKS DEPARTMENT - TRAFFIC ENGINEERING DIVISION INTER -OFFICE MEMORANDUM TO: Jason E. Brown County Administrator THROUGH: Richard B. Szpyrka, P.E. Public Works Director FROM: Kimberly Graham,' County Traffic En�irLe�l SUBJECT: Traffic Control Device Ledger — BCC Consent Agenda DATE: July 18, 2016 DESCRIPTION AND CONDITIONS The Public Works Director is to provide a Traffic Control Device Ledger update for ratification by the Board of County Commissioners as specified in Section 312.18 of the Indian River County Code. The last ledger update was approved by the Board in February, 2016. FUNDING There is no funding impact generated by this action. RECOMMENDATIONS Staff recommends that the Board approves this ledger update (EXHIBIT "A" — attached). ATTACHMENTS Draft Resolution and Ledger Documents F:\TRAFFIC\LEDGER\AGENDA ITEM - LEDGER\2016 AUGUST TRAFFIC CONTROL DEVICES AGENDA NIFMO.DOC 201 Page 2 Consent Agenda Item For August 16, 2016 BCC Meeting Traffic Control Device Ledger — BCC Consent Agenda July 18, 2016 APPROVED AGENDA ITEM FOR: August 16, 2016 BY Indian River Count) Appt2ved Date Administration (J� Budget 7Ic —`��r���( Legal I -AV Public Works 712 Traffic Engineering F 'I RAFFIC LEDGER AGENDA ITEM -I EDGER'2016 AU61'S1 I RAFFIC ('ON IROI DEQ R'FS AGENDA MFNIO DOC 202 RESOLUTION NO. 2016- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING TRAFFIC CONTROL DEVICES AUTHORIZED BY THE DIRECTOR OF PUBLIC WORKS. WHEREAS, the Board of County Commissioners has directed the Director of Public Works to maintain a ledger listing the traffic control devices maintained by the County (Section 312. 18, Indian River County Code); and WHEREAS, the code requires this ledger to be presented to the Board of County Commissioners for approval; and WHEREAS, the ledger has been presented and is attached as Exhibit "A" to this Resolution, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: The Board of County Commissioners hereby accepts and approves the traffic control device ledger which is Exhibit "A" to this resolution. The resolution was moved to 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 Timothy Zorc Commissioner Peter D. O'Bryan F:\Traffic\Ledger\RESOLUTION\2012-2016\resolution traffic control devices ledger January 2016.doc 203 RESOLUTION NO. 2016 - Page 2 of 2 Traffic Control Devices Resolution The Chairman thereupon declared the resolution duly passed and adopted this day of .2016. Attest: Jeffrey R. Smith BOARD OF COUNTY COMMISSIONERS Clerk of Court and Comptroller INDIAN RIVER COUNTY, FLORIDA go Deputy Clerk APPROVEI /-,,S Ah1D b . 'Ur 1 t iz- Bob Solari Chairman F:\Traffic\Ledger\RESOLU'I'ION\2072-2016\resolution traffic control devices ledger January 2016.doc 204 EXHIBIT "A" INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY JULY, 2016 TABLE OF CONTENTS ■ Traffic Signals .................. .............................. Page 2 ■ Flashing Beacons ................ ............................. Page 6 ■ 20 M.P.H. School Flashing Beacons ................... Page 7 • Speed Warning/Driver Feedback Signs .................. Page 7 ■ Traffic Cameras ..........................Page 8 ■ ATMS Data Collection Modules ........................... Page 11 ■ Speed Limit Zones ........................................... Page 11 5 School 20 M.P.H. Speed Limit Zones ................... Page 16 • Traffic Calming ............................................... Page 18 Page 1 of 18 205 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY JULY, 2016 I. TRAFFIC SIGNALS 1. 4th Street and 20th Avenue 2. 0 Street and 27"' Avenue 3. 4th Street and 43rd Avenue 4. 4th Street and 58th Avenue 5. 4th Street and Old Dixie Highway 6. 4'h Street/Indian River Boulevard and U.S. 1 7. 5th Street SW and 20th Avenue 8. 5'h Street SW and 27'h Avenue 9. _5th Street SW and 43rd Avenue 10. 81h Street and 6th Avenue 11. 81h Street and 20th Avenue 12. 81h Street and 27th Avenue 13. 81h Street and 43rd Avenue 14. 81h Street and 58th Avenue 15. 8th Street and Old Dixie Highway 16. 81h Street and U.S. 1 17. 12'h Street and 6'h Avenue 18. 12'h Street and 201h Avenue 19. 12th Street and 27th Avenue 20. 12" Street and 43rd Avenue 21. 12'h Street and 58th Avenue 22. 12th Street and Commerce Avenue 23. 12th Street and Indian River Boulevard 24 12th Street and Old Dixie Highway 25. 12'h Street and U.S. 1 26. 15th Place and U.S. 1 27. 16th Street and 14"' Avenue 28. 16'h Street and 17th Avenue 29. 16th Street and 20th Avenue 30. 16th Street and 27th Avenue 31. 16th Street and 43rd Avenue 32. 16'h Street and 66th Avenue 33. 16th Street and Old Dixie Highway 34. 17th Lane SW and 27th Avenue 35. 17" Street and 10th Avenue 36. 17th Street and Indian River Boulevard 7 17th Street/Causeway Boulevard and SR A -I -A Page 2 of 18 206 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY JANUARY, 2016 1. TRAFFIC SIGNALS (continued) 38. 17'h Street and U.S. 1 39. 20'h Place and 6th Avenue 40. 21s' Street and 6'h Avenue 41. 21" Street and 14'h Avenue 42. 215' Street and Indian River Boulevard 43. 23`d Street and 14th Avenue 44. 23`d Street and U.S. 1 45. 26th Street and 43`d Avenue 46. 26th Street and 58th Avenue 47. 26th Street and 66th Avenue 48. 26th Street and St. Lucie Avenue 49. 26'h Street and U.S. l 50. 32"d Street/Aviation Boulevard and U.S. l 51. 37th Street and 10th Court 52. 37'h Street and Indian River Boulevard 53. 37th Street and U.S. 1 54. 38" Lane/Old Dixie Highway and U.S. 1 55. 41" Street and U.S. 1 56. 41" Street and 43`d Avenue 57. 41" Street and 58th Avenue 58. 41'' Street and 66'h Avenue 59. 41" Street and Indian River Boulevard 60. 45th Street and 43`d Avenue 61. 45th Street and U.S. 1 62. 45th Street and 58th Avenue 63. 45th Street and 66th Avenue 64. 45'h Street and Indian River Boulevard 65. 53`d Street and U.S. 1 66. 53`d Street and Old Dixie Highway 67. 53"' Street and 24th Avenue (Publix) 68. 53`d Street and 5l'' Court 69. 53`d Street and 58th Avenue 70. 53`d Street and Indian River Boulevard 7157th Street and 58th Avenue 72. 57th Street and 66th Avenue 73. 69th Street and U.S. 1 74. 81" Street and 66th Avenue 75. 87"' Street and CR 510 76. Aviation Boulevard and 20th Avenue 77. Aviation Boulevard and 27th Avenue 78. Bahia Mar Road and SR A-1 -A 79. Barber Sheet and Schumann Drive Page 3 of 18 207 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY JULY, 2016 TRAFFIC SIGNALS (continued) 80. Barber Street/Pelican Pointe Drive and U.S. 1 81. College Lane and 58"' Avenue 82. College Lane and Schumann Center 83. CR 510 and 58'h Avenue 84. CR 510 and 66'h Avenue 85. CR 510 and CR 512 86. CR 510 and SR A -I -A 87. CR 510 and Treasure Coast Elementary 88. CR 510 and U.S. l 89. CR 512 and I-95 (NB) 90. CR 512 and I-95 (SB) 91. CR 512 and 10151 Avenue 92. CR 512 and 108'h Avenue 93. CR 512 and Barber Street 94. CR 512 and Delaware Avenue 95. CR 512 and Easy Street 96. CR 512 and Fleming Street 97. CR 512 and Roseland Road 98. CR 512 and Sebastian River Middle School (West Driveway) 99. CR 512 and Willow Street/130'h Avenue 100. CR 512 EB and U.S. 1 101. CR 512 WB and U.S. 1 102. Fred Tuerk Drive and SR A -1-A 103. Highland Drive and U.S 1 104. Jackson Street and U.S. 1 105. Jaycee Park and SR A-1 -A 106. John's Island Drive and SR AA -A 107. Main Street and U.S. 1 108. Oslo Road and 201h Avenue 109. Oslo Road and 27'h Avenue 110. Oslo Road and 43rd Avenue 111. Oslo Road and 58'h Avenue 112. Oslo Road and Old Dixie Highway 113. Oslo Road and U.S. 1 114. Roseland Road and U.S. l 115. Round Island Park and SR AA -A 116. Royal Palm Place/Boulevard and Indian River Boulevard/SR 60 117. St. Edward's School and SR A -1-A 118. Schumann Drive and U.S. 1 119. Sea Oaks and SR A-1 -A 120. Sebastian High School (North Intersection) and CR 510 121. Sebastian High School (South Intersection) and CR 510 Page 4 of 18 208 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY JULY, 2016 1. TRAFFIC SIGNALS (continued) 122. SR 60 and 43rd Avenue 123. SR 60 and 53rd Avenue 124. SR 60 and 58" Avenue 125. SR 60 and 66th Avenue 126. SR 60 and 74" Avenue 127. SR 60 and 82"d Avenue 128. SR 60 and 90'h Avenue 129. SR 60 and 94" Drive 130. SR 60 and 98th Avenue 131. SR 60 and 1-95 (NB) 132. SR 60 and I-95 (SB) 133. SR 60 and Indian River Mall 134. SR 60/20te Street and 6th Avenue 135. SR 60/201h Street and 20" Avenue 136. SR 60/20'' Street and 27'h Avenue/Buena Vista Boulevard 137. SR 60/20'h Street and Indian River Boulevard 138. SR 60/Beachland Boulevard and Mockingbird Drive 139. SR 60/Beachland Boulevard and Riverside Park Drive 140. SR 60/Beachland Boulevard and SR A -1-A 141. SR 60/Merrill Barber Bridge and Indian River Boulevard 142. SR 60 Eastbound/19'h Place and 14th Avenue 143. SR 60 Eastbound/201h Street and 10th Avenue 144. SR 60 Eastbound/20" Street and Commerce Avenue 145. SR 60 Eastbound/20th Street and U.S. 1 146. SR 60 Westbound/201h Place and 10'h Avenue 147. SR 60 Westbound/20'h Place and l Ph Avenue 148. SR 60 Westbound/201h Place and Commerce Avenue 149. SR 60 Westbound/201h Place and U.S. 1 150. SR 60 Westbound/20th Street and 14th Avenue 151. U.S. 1/21s' Street and 10th Avenue 152. U.S. 1/215' Street and 11'h Avenue 153. Vista Royale Boulevard and U.S. l NEN' TRAFFIC SIGNALS UNDER DESIGN OR CONSTRUCTION 154. V Street SW and 27" Avenue 155. 1" Street SW and 43rd Avenue 156. Aviation Boulevard and 34th Avenue 157. Oslo Road and 66th Avenue 158. 41" Street and Old Dixie Highway 159. 45th Street and Old Dixie Highway 160. 21" Street SW and 27th Avenue Page 5 of 18 209 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIN'ER COUNTY JULY, 2016 11. FLASHING BEACONS 1. 1` Street SW and 27th Avenue Intersection Control Beacon 2 8'h Street and Indian River Boulevard Intersection Control Beacon 3 8th Street west of U.S, l Railroad Warning Beacon 4. 21`t Street SW and 27th Avenue Warning Beacon 5. 21" Street and U.S. 1 at Curve Warning Beacon 6. 41 " Street and Old Dixie Highway Four Wav Red Beacon 7. 45"' Street and Old Dixie Highway Four Wav Red Beacon 8. 49'h Street and 58th Avenue Intersection Control Beacon 9. 491h Street and Old Dixie Highway Four Way Red Beacon 10. 49th Street and 51`t Court Intersection Control Beacon 11. 65"' Street and 58th Avenue Intersection Control Beacon 12. 65th Street and Old Dixie Highway Intersection Control Beacon 13. 69th Street and 581h Avenue Intersection Control Beacon 14. 69t" Street and Old Dixie Highway Intersection Control Beacon 15. 77th Street and 58th Avenue Intersection Control Beacon 16. CR 510 and 64'h Avenue Intersection Control Beacon 17. CR 510 at 901h Avenue Curve Warning Beacon 18. CR 512 and CR 507 Intersection Control Beacon 19. CR 512 and Cypress Street Intersection Control Beacon 20. Highland Drive and 6th Avenue SW Intersection Control Beacon 21. Highland Drive and Old Dixie Highway Four Way Red Beacon 22. Oslo Road and 741h Avenue Intersection Control Beacon 23. Oslo Road and 82"`t Avenue Intersection Control Beacon 24. South Carolina and CR 507 One Way Red Beacon 25. SR60/13eachland Blvd. and WB Barber Bridge Warning Beacon 26. SR60/I.R. Boulevard Main Relief Canal Warning Beacon 27. SR60 EB/20th Street and Commerce Avenue Warning Beacon 28. SR60 EB/201h Street and Commerce Avenue Railroad Warning Beacon 29. SR60 WB/201h Place and U.S. 1 Warning Beacon Page 6 of 18 210 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY JULY, 2016 ll. FLASHING BEACONS (continued) NEIL' FLASHING BEACONS UNDER DESIGN OR CONSTRUCTIOA7 30. 49th Street and 43rd Avenue (Developer) Intersection Control Beacon 31. 53 d Street and 43rd Avenue (Developer) Intersection Control Beacon 32. 8T11 Street and 82"d Avenue Two -Way Red Beacon 111. 20 M.P.H. SCHOOL FLASHING BEACON'S 1. Beachland Elementary School on SR 60/Beachland Boulevard 2. Citrus Elementary School on 4th Street 3. Citrus Elementary School on 27th Avenue 4. Dodgertown Elementary School on 43" Avenue 5. Fellsmere Elementary School on CR 512 6. Glendale Elementary School on 8th Street 7. Highlands Elementary School on 6th Avenue SW 8. Gifford Middle School on 45th Street 9. Osceola Magnet School on 18th Avenue SW 10. Oslo Middle School on 20th Avenue SW 11. Rosewood Elementary School on l6th Street 12. Sebastian Elementary School on CR 512 13. Vero Beach Elementary School on 12th Street 14. St. Edwards School and SR AIA IV. SPEED WARNING/DRIVER FEEDBACK SIGNS 1. Old Dixie Highway north of 69'h Street - southbound 2. Old Dixie Highway south of 65" Street — northbound Page 7 of 18 211 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY JULY, 2016 V. TRAFFIC CAMERAS (PTZ) 1. 4th Street and U.S. 1 2. 4th Street and Old Dixie Highway 3. 4th Street and 27th Avenue 4 4th Street and 58th Avenue 5. 5th Street and 27th Avenue 6. 8th Street and U.S. 1 7 8"' Street and 6th Avenue 8 8th Street and 20th Avenue 9. 8th Street and 43rd Avenue 10. 8"' Street and Old Dixie Highway 11. 12'h Street and U.S. 1 12 12th Street and Commerce Avenue 13. 12th Street and Indian River Boulevard 14 12th Street and 6th Avenue 15. 12th Street and 27th Avenue 16. 12th Street and .58th Avenue 17. 15th Place and U.S. 1 18. 16th Street and 14'h Avenue 19. 16'h Street and 43rd Avenue 20. 16th Street and Old Dixie Highway 21. 17'h Street and 10th Avenue 22. 17"' Street and U.S. 1 23. 20th Place and l Ith Avenue 24. 20'h Street and 14'h Avenue 25. 201h Street and Commerce Avenue (EB) 26. 21" Street and Indian River Boulevard 27. 23rd Street and U.S. l 28. 26th Sheet and 43rd Avenue 29. 26th Street and 58th Avenue 30. 26th Street and 66th Avenue 31. 37th Street and Indian River Boulevard 32. 37th Street and U.S. 1 33. 38th Lane and U.S. l 34. 41" Street and U.S. 1 35. 41" Street and 43rd Avenue Page 8 of 18 212 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY JULY, 2016 V. TRAFFIC CAMERAS (PTZ) (continued) 36. 41" Street and 58th Avenue 37. 41'' Street and 66th Avenue 38. 41" Street and Indian River Boulevard 39.45 1h Street and 66th Avenue 40.45 1h Street and Indian River Boulevard 41.45 1h Street and U.S. 1 42. 45"' Street and 43r`' Avenue 43. 49" Street and 51" Court 44. 53r`' Street and 51" Court 45.53 rd Street and U.S. 1 46. 53'"' Street and Old Dixie Highway 47. 53r" Street and 24th Avenue 48.53 rd Street and Indian River Boulevard 49. 57th Street and 58th Avenue 50. 57'h Street and 66th Avenue 51. 69"' Street and U.S. 1 52.87 1h Street and CR 510 53. Aviation Boulevard and 20'h Avenue 54. Aviation Boulevard and 27th Avenue 55. Barber Street and U.S. 1 56. CR 510 and SRAIA 57. CR 510 and U.S. 1 58. CR 510 and 66th Avenue 59. CR 510 and Treasure Coast Elementary School 60. CR 512 Eastbound and U.S. 1 61. CR 512 Westbound and U.S. 1 62. CR 512 and Easv Street 63. CR 512 and Roseland Road 64. CR 512 and CR 510 65. CR 512 and Sebastian River Middle School 66. CR 512 and 101.1 Avenue 67. CR 512 and 108th Avenue 68. CR 512 and 1301h Avenue 69. CR512 and Southbound 1-95 70. Highland Drive and U.S. 1 71. Jackson Street and U.S. l 72. Main Street and U.S. 1 73. Oslo Road and U.S. 1 74. Oslo Road and 20"' Avenue 75. Oslo Road and 27th Avenue 76. Oslo Road and 43r`' Avenue Page 9 of 18 213 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY .JULY, 2016 V. TRAFFIC CAMERAS (PTZ) (continued) 77. Oslo Road and 58" Avenue 78. Roseland Road and L1.S. l 79. Royal Palm Place and Indian River Boulevard 80. Schumann Drive and U.S. 1 81. Schumann Center and College Lane 82. SR 60 and 20'h Avenue 83. SR60 and 27'h Avenue 84. SR 60 and 43r`' Avenue 85. SR 60 and 58'h Avenue 86. SR 60 and 66"' Avenue 87. SR 60/Beachland Boulevard and Riverside Park Drive 88. SR 60/Merrill Barber Bridge and Indian River Boulevard 89. SR 60 Eastbound/201h Street and U.S. 1 90. SR 60 Westbound/20'h Place and LJ.S.I 91. SR 60 and 74'h Avenue 92. SR 60 and 82"`' Avenue 93. SR 60 and 90'h Avenue 94. SR 60 and 1-95 (NB) 95. SR 60 and 1-95 (SB) 96. SR60/20'h Street and 6"' Avenue 97. SI260/201h Street and Indian River Boulevard 98. Vista Royale Boulevard and U.S. 1 99. 17'h Street and SRA 1 A 100. College Lane Water Tower 101. Hobart 77'h Street Water Tower 102. Roseland Water Tom er NEN' CARIERAS UNDER DESIGN OR CONSTRUCTION 103.45'h Street and 58'h Avenue (Developer) Page 10 of 18 214 INDIAN RIVER COUNTY Pl. IBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BV INDIAN RIVER COUNTY JULN', 2016 V1. ATMS DATA COLLECTION MODULES (Permanent Count Stations ROADWAY BLOCK 1. SR60 8300 2. SR60 8000 3. SR60 6700 4. SR60 6500 5. SR60 5800 6. SR60 5500 7. SR60 4600 8. SR60 4000 9. SR60 2000 VII. SPEED LIMIT ZONES ON COLLECTOR/ARTERIAL ROADWAYS 74th Avenue 58" Avenue ROADWAY FROM TO SPEED LIM1T(M.P.H.) 17'h Lane SW 27th Avenue 20'h Avenue 35 17th Lane SW 20th Avenue 6th Avenue 35 Oslo Road West End 82"" Avenue 35 Oslo Road 82"`' Avenue 581h Avenue 55 Oslo Road 58th Avenue U.S. 1 45 Oslo Road U.S. 1 Indian River 35 5th Street SNV 58th Avenue 43r`' Avenue 45 51h Street SW 43rd Avenue 27th Avenue 35 5" Street SW 27`h Avenue 20th Avenue 40 51h Street SN'V 20th Avenue 12th Avenue 35 1s' Street SW 66' Avenue 58th Avenue 45 1'' Street SW 43 d Avenue 27th Avenue 35 I`' Street SW 27th Avenue 20th Avenue 45 1"Street Old Dixie HNIrl' U.S. 1 35 2"' Street 20` Avenue Old Dixie Hwy 30 4th Street 74th Avenue 58" Avenue 35 0' Street 58"' Avenue 43"' Avenue 45 4" Street 43"' Avenue U.S. 1 35 Nage 11 of 18 215 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY JULY, 2016 N'll. SPEED LINJIT ZONES ON_COLLECTOR/ARTERIAL ROADWAYS (continued ROADWAY FROM TO SPEED LIMIT(M.P.H.) 81h Street 90'h Avenue 82"d Avenue 45 81h Street 82"d Avenue 66th Avenue 40 81h Street 66"' Avenue 27"' Avenue 45 8'h Street 27'h Avenue Old Dixie Hwv 40 8"' Street Old Dixie Hwy I.R. Blvd 30 12" Street 82"d Avenue 74"' Avenue 45 12th Street 66"' Avenue 581h Avenue 35 12th Street 58th Avenue 43rd Avenue 40 12th Street 43rd Avenue 20th Avenue 35 12Th Street 20th Avenue Old Dixie Hw)r 35 12'h Street Old Dixie Hwy U.S. 1 30 12'h Street U.S. 1 6" Avenue 30 12'h Street 6th Avenue I.R. Blvd 35 16'h Street 82nd Avenue Pointe West Drive 45 16th Street Point West Drive 74th Avenue 35 16'h Street 74th Avenue 66th Avenue 45 16th Street 58th Avenue 20th Avenue 30 16th Street 20'h Avenue U.S. 1 30 16th Street U.S. 1 I.R. Blvd 45 College Lane 58th Avenue 66th Avenue 35 21" Street SW 27th Avenue 20'h Avenue 45 26th Street 74th Avenue 66th Avenue 40 26th Street 66th Avenue 58th Avenue 40 26"' Street 58th Avenue 43rd Avenue 35 33rd Street 66th Avenue 58" Avenue 40 371h Sheet U.S. 1 I.R. Blvd 35 41" Street 66th Avenue U.S. l 35 41s' Street 58th Avenue 43r" Avenue 45 41s' Street 43rd Avenue Old Dixie Hwv 35 41s' Street U.S. 1 I.R. Blvd 45 Page 12 of 18 216 INDIAN RIVER COUNTY PUBLIC NVORKS DEPARTMENT "TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY JULY, 2016 VII. SPEED LIMIT ZONES ON COLLECTOR/ARTERIAL ROADNVAYS (continued ROADWAY FROM TO SPEED LIMIT(M.P.H.) 45'h Street West end of pavement 66th Avenue 35 45'h Street 66th Avenue 43rd Avenue 45 45'h Street 43rd Avenue U.S. 1 35 45'h Street U.S. 1 I.R. Bled 45 49'h Street 58th Avenue 33rd Avenue 45 49'h Street 33rd Avenue U.S. 1 30 53rd Street 58t" Avenue U.S. l 45 53rd Street U.S. l I.R. Boulevard 45 57th Street 66th Avenue 58th Avenue 40 65'h Street 66`h Avenue Old Dixie H-vvy 45 651h Street Old Dixie Hwy U.S. 1 40 69th Street 82nd Avenue Old Dixie Hiyy 45 69"' Street Old Dixie Hwy East End 35 73rd Street Cemetery Road U.S. 1 35 77'h Street 74th Avenue U.S. 1 45 CR 510 CR 512 500' E of Elem. School 45 CR 510 500' E of Elem. School 66'h Avenue 55 CR 510 66th Avenue 58th Avenue 35 CR 510 581h Avenue U.S. 1 40 CR 512 SR 60 W Fellsmere City Limits 55 CR 512 W Fell Cty Lmt E Fell Cty Lmt 30 CR 512 E Fell Cty Lmt l Mile E of Fell 4.5 CR 512 l Mile E of Fellsmere W of 1-95 45 CR 512 W of 1-95 1081h Avenue 45 CR 512 1081h Avenue Sebastian Middle School 50 CR512 Sebastian Middle School CR510 45 CR 512 CR 510 Easy Street 45 CR 512 Ease Street Indian River Drive 35 217 Page 13 of 18 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY JULY, 2016 I'll. SPEED LIMIT ZONES ON COLLECTOR/ARTERIAL ROADNVAYS (continued ROADWAY FROM TO SPEED LIMIT(M.P.H.) Roseland Road CR 512 125'h Place 45 Roseland Road 125th Place U.S. 1 35 Roseland Road U.S. 1 I.R. Drive 35 CR 507 CR 512 South Carolina 30 CR .507 South Carolina North Count, Line 55 Willow Street 85" Sheet Fellsmere Cite Limits 45 82"d Avenue Oslo Rd SR 60 45 82"d Avenue SR 60 691h Street 35 74'h Avenue 12"' Street 26th Street 45 66th Avenue Oslo Rd 16th Street 45 66th Avenue 16'h Street SR 60 45 66th Avenue SR 60 33rd Street 45 66th Avenue 33rd Street 49"' Street 55 66th Avenue 49th Street 77"' Street 55 66th Avenue 77"' Street CR 510 45 66th Avenue CR 510 Sebastian City Limits 40 58" Avenue South County Line Atlantic Boulevard 45 58'h Avenue Atlantic Blvd 26th Street 35 58'h Avenue 26" St 200' South of 81" St 45 581h Avenue 200' S of 81 " St CR 510 35 43rd Avenue South Count, Line 13'h Street SNN' 55 43rd Avenue 13"' Street SW 5'h Street SW 45 43rd Avenue 5th Street SW 4" Street 40 43rd Avenue 4"' Street 2700 Block 35 43rd Avenue 2700 Block 4000 Block 45 43rd Avenue 4000 Block 49"' Street 35 218 Page 14 of 18 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIFER COUNTY JULY, 2016 Vll. SPEED LIMIT ZONES ON COLLECTOR/ARTERIAL ROADWAYS (continued) ROADWAY FROM TO SPEED L1M1T(M.P.H.) 27'h Avenue South Counh° Line 17'h Street SN'1' 50 27th Avenue 17"' St SW Oslo Road 45 27"' Avenue Oslo Road 14"' Street 40 27'h Avenue 14th Street SR 60 35 20"' Avenue 25th Street SW 21'' Street SW 35 20'h Avenue 2l" Street SW 17'h Lane SW 35 20'h .Avenue 17'h Street SW Oslo Road 30 20'h Avenue Oslo Road Is' Street SNV 45 20'h Avenue 1" Street SN'4' SR 60 35 Old Dixie HiiN, South County Line 12"' Street 40 Old Dixie HNvy 12th Street Seminole Avenue 35 Old Dixie MNy Seminole Avenue 20th Street 30 Old Dixie Hwy, U.S. 1 49"' St 35 Old Dixie Hwv 49" St 65"' St 45 Old Dixie Hwy 65" St 69" St 40 Old Dixie Hw)� 69"' St CR510 45 I.R. Drive South U.S. 1 Sebastian Cty, Lmt 30 I.R. Drive Sebastian City, Lmt North U.S. 1 30 Oh Avenue U.S. 1 21" Street 30 I.R. Boulevard U.S. 1 37th Street 45 I.R. Boulevard 37th Sheet Grand Harbor Blvd 50 I.R. Boulevard Grand Harbor Blvd 53rd Street 45 NOTE: In accordance with Florida Department of Transportation speed zoning regulations, Florida Statutes Chapter 316, and nationally adopted traffic engineering practices (M.l_I.T.C.D. — Manual on Uniform Traffic Control Devices), the speed limit on County roadways shall be set as close as possible to the 85" percentile speed; that is, the speed which 85 percent of free-flowing vehicles are traveling at or below. In business and residential areas, the speed limit on paved roadwaN s shall be posted at 30 miles per hour. All unpaved roadways shall remain unposted due to variable surface conditions. 219 Page 15 of 18 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY JULY. 2016 VI l 1. SCHOOL 20 M.P.H. SPEED LIMIT ZONES SCHOOL LOCATION A.M. HOURS P.M.r HOURS ELEMENTARY BEACHLAND SR60 BEACHLAND BLVD 7:45-9:15 2:45-3:45 CITRUS 4TH STREET 7:4.5-9:15 2:45-3:45 27"" AVENUE 7:45-9:15 2:45-3:45 DODGERTOWN 43R" AVENUE 7:45-9:15 2:45-3:45 FELLSMERE CR 512 7:45-9:15 3:45-4:50 GLENDALE 8"' STREET 7:45-9:15 2:45-3:45 HIGHLAND 6TH AVENUE SW 7:45-9:15 2:45-3:45 OSCEOLA MAGNET 18TH AVENUE SW 7:45-9:1.5 2:45-3:45 PELICAN ISLAND SCHUMANN DRIVE N/A N/A ROSEWOOD 16"' STREET 7:45-9:15 2:45-3:45 SEBASTIAN CR 512 7:45-9:15 2:45-3:45 ST. EDWARDS SR AIA 7:40-8:20 3:20-4:00 VERO BEACH 12"' STREET 7:45-9:15 2:45-3:45 MIDDLE SCHOOLS OSLO 20-"' AVENUE SW 7:15-8:15 2:20-3:20 GIFFORD 45"' STREET" 7:20-8:10 2:35-3:10 Page 16 of 18 220 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED BY INDIAN RIVER COUNTY JULY, 2016 Vlll. SCHOOL 20 M.P.H. SPEED LIMIT ZONES (continued) SCHOOL LOCATION A.M. HOURS P.M. HOURS HIGH SCHOOL VERO BEACH 16"' STREET N/A N/A FRESHMAN CENTER 19"" STREET N/A N/A WABASSO SCHOOL U.S. l N/A N/A Page 17 of 18 221 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION TRAFFIC CONTROL DEVICES MAINTAINED B17 INDIAN RIVER COUNTY JULY, 2016 IX. TRAFFIC CALMING ROADWAY FROM TO CALMING DEVICE 1. 50A Avenue SR 60 26'h Sheet Speed Humps 2. 30'h Avenue 45"' Street 49"' Sheet Speed Humps INDIAN RIVER COUNTY "TRAFFIC CALMING POLICY Tobe considered for traffic calming measures. a County roadway must be a paved. straight and uncontrolled residential street at least one-half mile long. and exhibit the following characteristics. Uncontrolled is defined as containing no STOP signs. traffic signals or other traffic control devices. County arterials. collectors. and other thoroughfare plan roadways designed to promote traffic flow will not be considered. Characteristics (street meets three or more of the following): 1. High speed — average vehicle speeds greater than 35 miles per hour 2. lfeavy traffic -- traffic Volume greater than 1000 vehicles per day 3. Cut-thru traffic — greater than 50%, cut-thru traffic 4. Crash history — pattern of traffic crashes that would be alleviated by traffic calming measures 5. Pedestrians — within one -mile proximity of school, park or recreation area with high pedestrian activity Once a location has been determined by the Public Works Director to be eligible for traffic calming measures, one or more of the follov ing measures may be applied: 1. Speed limit enforcement by appropriate ]avv enforcement agency 2. 4-\N ay STOP control i1'\y arrants are met as contained within the Manual On l )nifonil Traflic Control Devices 3. Speed humps 4. Roundabout. small traffic circles. chicanes or other geometric features to slow traffic. if adequate right-of-way is donated to the County Prior to implementing 43 or #4 above, a petition demonstrating two-thirds (670%) neighborhood consensus must be received and verified. 222 Page 18 of 18 CONSENT AGENDA INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM z Assistant County Administrator / Department of General Services Date: July 20, 2016 To: The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator From: Michael C. Zito, Assistant County Administrator Subject: Request for Approval of First Amendment to "Vero Beach Rocktoberfest" License Agreement for Use of the Indian River County Fairgrounds DESCRIPTION AND CONDITONS: On March 15, 2016, the Indian River County Board of County Commissioners ("Board") executed a License Agreement with Fully Involved Event Productions, LLC. ("Applicant") granting the Applicant a license to produce a music and entertainment event entitled "Rocktoberfest" to be held at the Indian River County Fairgrounds during the weekend of October 21" — 23rd, 2016 (the "License Agreement). The attached First Amendment ("Amendment") to the License Agreement corrects a scrivener's error to reflect the actual event dates. It also deletes reference to Section 205.08, which has been amended by the Board and is no longer applicable. The Amendment also updates the insurance sections to reflect the Applicant's election to utilize a licensed non-profit organization to conduct alcohol sales at the event in accordance with County's policy. This election requires an increase to the Liquor Liability Insurance Section from $1,000,000 Combined Single Limit to $3,000,000 Combined Single Limit. The County Risk Manager has approved the insurance threshold levels. The Amendment to the License Agreement has been approved by the County Attorney's Office as to form and legal sufficiency. RECOMMENDATION: Staff recommends: 1) Approval of the attached First Amendment to the Vero Beach "Rocktoberfest" License Agreement with authorization for the Chairman to sign on behalf of the Board of County Commission. ATTACHMENTS: First Amendment of "Vero Beach Rocktoberfest" - IRC Fairgrounds License Agreement Executed Indian River County Fairgrounds License Agreement signed March 15, 2016 Approved Age da Item BY: (�Vl � Vnty E. Brown Administrator FOR: August 16, 2016 Indian River County Approved Date Administration /� f County Attorney Budget 0 LJ —Z Department Risk Management F:\Assistant County Administrator\AGENDA ITEMS\2016\BCC 08 AUGUST 2016\BCC Memo - First Amendment to Roctoberfest License Agreement.doc 223 FIRST AMENDMENT TO INDIAN RIVER COUNTY FAIRGROUNDS LICENSE AGREEMENT FOR VERO BEACH ROCKTOBERFEST EVENT BETWEEN INDIAN RIVER COUNTY AND FULLY INVOLVED EVENT PRODUCTIONS, LLC. DATED MARCH l5, 2016 THIS FIRST AMENDMENT BETWEEN INDIAN RIVER COUNTY AND FULLY INVOVLED EVENT PRODUCTIONS, LLC, ("First Amendment") is entered into as of the 16th day of August, 2016 by and between Indian River County. a political subdivision of the State of Florida, by and through its Board of County Commissioners. whose address is 1801 27t11 Street, Vero Beach. Florida, (the "County"), and Fully Involved Event Productions, LLC, (the "Applicant"): RECITALS WHEREAS, on March 15, 2016, County and Applicant entered into a License Agreement which granted approval for the Applicant to conduct an event entitled Vero Beach Rocktoberfest according to the terms and conditions set forth therein, (the Agreement"); and WHEREAS, since executing the Agreement, the Applicant has elected to proceed with a non- profit entity to conduct alcohol sales as authorized by the State of Florida licensure requirements which increases the insurance requirements set forth by County policy adopted March 15, 2016; and WHEREAS, the Agreement contains a scrivener's error in Section B1, which specifies the dates upon which the event will take place and which the parties desire to correct: and WHEREAS, on July 5, 2016, the Board of County Commissioners repealed Section 205.08 of the Indian River County Code of Ordinances; NOW THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. Amendments to Section BI: The contents of Section B1 of the Agreement is deleted and replaced with the following: I . Premises are to be used by Applicant for the Vero Beach Rocktoberfest (the "Event"), a music themed event. a. The Event may include the following activities: live music, food trucks and/or merchant vendors for children and bounce houses and alcohol sales. b. The hours of the Event shall be: Friday, October 21, 2016 from 3pm-1 1 pm, Saturday, October 22, 2016 from l Oam — 1 1 pm and Sunday, October 23, 2016 from l oam-1 Opm. c. The Event shall be used for no other purpose whatsoever, unless prior written approval is requested in writing by Applicant and given by the County which approval shall be subject to availability but not be unreasonable withheld. conditioned, or delayed so long as such request is submitted at least 90 days prior to the beginning of the License Puge I o/2 224 Duration. Such change may result in a modification of the insurance requirements set forth in B.17. 3. Amendment to Section B7: Section B7, is amended to add the following to language to the end of the Section: All alcohol sales shall cease no later than 45 minutes prior to the daily conclusion of any stage performance or by 10:00 pm on Friday October 21, 2016 and Saturday October 22, 2016 and by 9:00pm on Sunday October 23, 2016,_whichever occurs first respectively. 4. Amendment to Section B17: Section 1317, is amended to increase the Liquor Liability insurance requirement from $1,000,000 Combined Single Limit to $3,000,000 Combined Single Limit. 5. Amendments Referencing Indian River County Code Section 205.08: All references to Section 205.08 of the Indian River County Code of Ordinances, including in the fourth "Whereas" clause and Section B7 of the Agreement, shall be deleted. 6. Amendment to Section B7. References to "festival permit" in Section B7, shall be deleted. 7. All other provisions of the License Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties, by and through their authorized representatives' signatures below, do hereby execute this License Agreement this 16th day of August, 2016. FULLY INVOLVED EVENT PRODUCTIONS, LLC. By: 0 r L Wayne& Howard President APPROVED AS TO FORM: Dylan Reingold, Esq. County Attorney Page 2 o f 2 INDIAN RIVER COUNTY, FLORIDA By: Bob Solari, Chairman Board of County Commissioners Date BCC Approved: August 16, 2016 Jason F4: Brown, County Administrator ATTEST: Jeffrey R. Smith Clerk of the Court and Comptroller Deputy Clerk 225 INDIAN RIVER COUNTY FAIRGROUNDS LICENSE AGREEMENT License Preparation Date: 2/29/16 Organization: Full) hwolved Event Productions, LLC .Address: 1585 78'x' Avenue City/State/Zip Code: Vero peach, FL 32966 Name of F,vent: Vero Beach Rocktoberfest Load -In Date/Time: 10/19/16 — 7am License Duration: October 19-24.2016 Contact Name: Wayne HoNiard Phone: 772-766-3083 E-Nlail: I'll llvinvol vedeventproductions!a)grnail.com Expected Attendance: 4000+ Load -Out Date/rime: 10/24/16 — 11:59pin WITNESSETH: WHEREAS, Indian River County (the "County') is the owner of certain property known as the Indian River County Fairgrounds, located in Indian River County. Florida_ (the. " Fairprounds" ); and WHEREAS, the County has the authority to issue and 'or execute, and Fully Involved Event Productions. LLC (the "Applicant") desires the issuance and/or execution of. a permit/agreement for the utilization of the Fairgrounds, which Applicant has inspected and hereby acknowledges to be sufficient for its intended purpose and/or use contemplated hereunder; and WHEREAS. Applicant warrants to the County that it is qualified and authorized to do business in the State of Florida and Indian River County, Florida and has or will obtain and maintain the proper certification, licensure, insurance. permits and all other requirements pursuant to federal, state and local laves, statutes. ordinances, rules and regulations tnecessary to conduct any and all activities contemplated herein. and to satisfactorily perform its obligations as herein required; and WHEREAS, the Applicant acknowledges that the use of the Fairgrounds is subject to and expressly conditioned by section 205.04 (Permits), section 205.0$ (Festivals) and section 205.09 (Sale and consumption of alcoholic beverages at designated recreational facilities), of the Indian River County Code of Ordinances. which are hereby incorporated by reference when applicable; NOW, THEREFORE, for and in consideration of the use of the Fairgrounds and other valuable consideration, the legal sufficiency of which is hereby acknowledged by both parties, and of the mutual covenants herein contained, the parties, as indicated by their authorized representatives" signatures below. hereby agree to the terms and conditions set forth herein: A. PARK, PREMISES & EVENT SCHEDULE: I. This Indian River County Fairgrounds License Agreement ('License Agreement") applies to all events for the use of the Fairgrounds. The areas. personnel and facilities ofthe Fairgrounds which Applicant may apply for a penult. license. or use hereunder are more particularly described as Fairgrounds License Agreement Page I of 12 Initials wQJr 317116 226 1. Facilities S. OO Acreage i:, 0-5 �ti, 6-10 0 1 1-40 ;= 41+ b. Expo Center C. o Expo Open Air Pavilion d. �, Agricultural Pavilion e. o Entertainment Building f. o Cook Shed 0. ❑ RV IIook-up If. o Amenities o Large Bleachers E) Small Bleachers o Small Stage o Stage Risers o Trans -Stage without canopy ❑ 10X20 Tent 4 o Light Towers ❑ Picnic 'Fables o Iloses/Sprinklers o Serving Carts o Tables (30"X96") w/chairs# o Marquee 4 weeks ❑ Internet Access ❑ Golf Carts # ❑ Expo Pavilion Curtains o with canopy LJ Chairs only 9 (the 'Premises''), which Applicant acknowledges to be sullicient. as is, for its intended purpose and/or use contemplated hereunder. 111. Personnel ❑ Parks Division Staff o Indian River County Sheriff's Deputy Coverage IV. Permits ❑ Fairgrounds Use Permit o Alcohol Permit o Festival Permit V. Fees ❑ Sole Facility Use Fee Fairgrounds License Agreement Pa I, e , of 12 initials W L 0 3/7%16 227 2. Applicant may use and have access to the Premises for a period. comnrencino at Tann . on the I9`f' day of October. 2016. and ending at l l :-i9pm. on the 24`" day of October.'016. (,-1,icense Duration"). which License Duration shall include F.N ent set -tip. removal and clean-ul�). where the Applicant requires usage after the stipulated time. Applicant is required to pay additional charges including, but not limited to standard hourly/daily rates and any overage tees as set forth in the Fain-n-ounds Fee Schedule attached as Exhibit ,1 ('Tee Schedule'"). B. AUTHORIZED USE, TERMS & CONDITIONS: The Premises are to be used by Applicant for the Vero Beach Rocktober_fest (the -Event"). a music themed festival. a. The Event mai- include the follow -Ing activities: live music. food trucks. merchant vendors, small train rides for children and bounce houses. b. The hours of the Event shall be: Friday. October 14, 2016 fi-om Spm -1 1 pm, Saturday. October 15, 2016 ti-om I Oam-1 l pm and Sunday, October 16. 2016 from 1 Oam- I Opm. c. The Event shall be used for no other- purpose whatsoever, unless prior vyritten approval is requested in writing by Applicant and given by the County which approval shall be subject to availability but not be unreasonably withheld. conditioned, or delayed so long as such request is submitted at feast 90 days prior to the beginning of the License Duration. Such change may result in a modification of the insurance requirements set torth in B. 17. 2. County agrees not to schedule another music themed festival within 30 days before or after this Event unless the Applicant signs a waiver stating permission to proceed with another music themed festival event as disclosed. 3. The Applicant shall have first right of refusal for October 18-23, 2017, and will have 30 calendar days from October 24, 2016, to provide a security deposit which shall be a rninimum of 25% of the Fairgrounds License Agreement Fees Schedule in effect at that time to the Count- to secure the 2017 date. If the Applicant fails to provide the security deposit as described within this section, the Applicant forfeits the reservation of these dates. 4. Applicant agrees to pay to the County as rent, costs, expenses and taxes for the use of the Premises the following sures: (a) Rental fee will be $5,483.75, plus any additional charges unposed at the request of the Applicant to be reconciled at the end of License Duration, based on the calculations on the attached Fee Schedule. A minimum of TWENTY-FIVE percent (25%) of the entire rental fee, 51,370.94 ("Event Deposit") is due upon execution of this License Agreement. The balance of the rental fee set forth above and any remaining payments. including any expenses. charges or other fees described in this License Agreernent shall be due thirty (30) days prior to the Event. (b) A Damage Deposit of $2.500.00 shall be submitted no Iater than 30 days prior to the Event. The Damage Deposit shall be applied against the fees, costs. expenses, charges and/or delinquent payments described herein. and against any costs of repair or Fairgrounds License : agreement Initials belt Page.? a/ 12 .ii'/16 228 replacement of' dama�,es to the !-'air-rounds that directly or indirectly result fi-ont the Event. whether caused by :applicant or Applicant's employees. invitees. licensees. contractors. assignees, contestants, exhibitors or performers. or others on the Premises at Applicant's direction or invitation. The County's use of the Damage Deposit or ani- other sum described herein shall in no «ay constitute a waIlla\iver of anv other ri��ht the County App licahave at law or equity, The Damage Deposit, to the extent unused. shall be returned to Appnt. (c) Applicant shall pay 15"(I, of the gross sales of alcoholic beverages. including, beer, wine and liquor as determined by 1. or 2. or a combination of 1. and 2. as described below: 1. County shall provide sequentially numbered tickets to Applicant which shall serve as the exclusive currency for the sale of all alcoholic beverages. including_, beer, wine and liquor at the Event. The total amount owed to the County shall be determined based upon the sequentially numbered tickets not returned to the County during the License Duration, 2. The total amount owed to the County shall be determined based upon the Applicant's use of an electronic method of retail checkout at every point of sale. which tracks the total sales of alcoholic beverages_ including-, beer, wine and liquor. The County shall have the right to inspect the electronic method of retail checkout at any point during the License Duration. County reserves the right to inspect the alcohol vertdor's distribution points. point of' sale receipts, tickets collected and inventory at arty time during the License Duration. The Applicant shall make the payment within three (3) business days of the conclusion of the Event as described in B.I .b. (d) Applicant shall pay 15% of ail fees charged to concessionaires, including but not limited to food and merchant vendors. This tee shall be paid to the County tivithin three (3) business days of the conclusion of the Event as described in B. I .b. �. The Applicant shall provide to the County information as to the total ticket sales at 30, 15, 7 and 3 days prior to the Event. The County reserves the no to cap ticket sales depending on the capacity of the Premises and the Fairgrounds or because of law enforcement, sanitation. traffic control or due to other public safety, issues. 6. Applicant shall be financially responsible for all charges for all materials. personnel. services and equipment that the county furnishes for the Event. Applicant shall also be financially responsible for all charges for all materials, personnel. services and equipment that are provided by non - county, agencies associated with this Event (i.e.. stagehands, sound/light companies, ushers). 7. This License Agreement is not a permit. As set forth in sections 205.04 (Permits), 205.08 (Festivals) and 205.09 (Sale and Consumption of Alcoholic Beverages at Designated Recreational Facilities), of the Indian River County Code of Ordinances_ the Applicant must obtain the necessary fair,-roUnds use permit, festival permit and alcohol permit, which collectively require the Applicant to timely obtain approvals of plans, including, but not limited to. adequate sanitation facilities and sewage disposal, parking facilities, transportation of" patrons. Fairgrounds 4icense.lgreement Page d 12 aj Initials U) t Sof 16 229 adequate medical facilities. adequate security and traffic control. Applicant shall be responsible for all costs associated with such facilities and services. 8. The County shall have the right to determine in its sole discretion the level 01' County staff necessary to service the facilities during the License Duration. Applicant shall be responsible for all additional costs for County staff and Applicant may request additional staff as needed. 4. Applicants failure to make any of the payments required hereunder in a timely manner shall constitute a material breach and shall result in the immediate termination of this License Agreement. All fees, costs and expenses, including. without limitation. attorney's fees. incurred by the County in the collection of any payment due hereunder shall be reimbursed by Applicant. 10. Applicant (including all artists. performers, entertainers. sound technicians, employees, and subcontractors of Applicant, and any other participating in the production of the Event) shall comply and ensure compliance with the following during the Event: a. The hours of event production and sound checks utilizing amplit►ed sound in the Fairgrounds are restricted to: i. Sunday thru Thursdays from 10:00am-6:00pm with a minimum of one thirty (30) minute intermission. it. Fridays and Saturdays from l0am-10:59pm with a minimum of one thirty (30) minute intermission. b. The starting hours listed above may be adjusted to begin earlier upon approval of the County. c. The location and arrangement of the stages and sounds systems shall be in accordance with the Stake Configuration IMap as detailed by Applicant and approved by the County. Sound attenuation blankets or sound walls may be required to be erected at the rear of anv temporary stages. Such temporary stage installations shall be installed in such a manner so as to minimize the noise impact on surrounding residential properties. d. Stage construction must be approved and inspected by the County. 11. Undisclosed or unpermitted activities or hours shall be cause for this License Agreement to be voidable by the County at any time during the. License Duration. Undisclosed and unpermitted activities shall be subject to cancellation of the Event. and Applicant shall be subject to damages, penalties and other ,legal and equitable remedies including, but not limited to full payment under this License Agreement. 12. Applicant shall not assign this License Agreement or any rights hereunder or sublet the Premises without the express prior written consent of the Assistant County Administrator or his/her designee. 13. In the event that the Premises or any other portion of the Fairgrounds are not vacated and cleaned by Applicant at the end of the License Duration. the County is hereby authorized to remove from the Premises or any other portion of the Fairgrounds, at the expense of Applicant, all goods, wares, merchandise and property of any and all kinds and descriptions placed or permitted therein by Applicant and which may be then occupying the same. and County shall not be liable for any damage or loss to such goods. wares, merchandise or other property which may be sustained either by reason of such removal or o1' the place to which it rnav be removed. fairgrounity License .Agreetnew Page 5 of 1? Initials W L }{17/16 230 Applicant hereby expressly releases County from any and all such claims for damages of whatsoever kind or nature and agrees todefend, indemnity and hold County harmless at Applicant's expense as to any claims for damages by third parties having interests in such goods. Nvares. merchandise and property. including costs and attorney's fees. 14. Applicant shall: (i) use and occup) the Premises in a safe and careful manner, includino but not limited to properly covering any and all power cords. (ii) comply xyith all federal. state and local lays. statutes, rules, regulations and ordinances; (iii) use the Premises solely for the purposes provided above; (iv) not permit the Premises. or any part thereof, to be used for any unla�,vftil purpose or in any manner that may result in or cause harm and/or damage to persons or property: (v) not post or exhibit or allow to be posted or exhibited signs, advertisements, show -bills. lithographs. posters or cards of any description inside or in front of. or on any part of the Premises, except with the prior written consent of County, which consent shall not be unreasonably withheld, conditioned, or delayed. and (vi) deliver to the County the Premises in as good a condition and repair, including all necessary trash or waste removal. as the same shall be found at the beginning of the License Duration. Additionally. Applicant: (a) assumes all costs arising from the use of patented, trademarked or copyrighted materials, equipment. devices, processes. or dramatic rights used on or incorporated in the conduct of the Event. Applicant shall defend. indemnify and hold County harmless at Applicant's expense from all suits, actions, proceedings. damages. costs and expenses in laws or equity, including attorney's fees, for or on account of any patented, trademarked or copyrighted materials, equipment, devices, processes or dramatic rights furnished or used by Applicant or its employees, invitees, licensees. contractors_ assignees, performers. contestants and exhibitors. in connection herewith. (b) shall not alter landscaping. fencing or any permanent structure nor shall there be any obstruction to Moress and egress to and from the Premises without the express written consent by the County. (c) acknowledges that the County shall have the sole right to collect and have the custody of articles left at the Premises by persons attending any Event given or held on the Premises. and Applicant or any person in Applicant's employ shall not collect or interfere with the collection or custody of such articles. (d) acknowled(Yes that the County reserves the right to eject any persons reasonably deemed violent or otherwise dangerous to health, safety and welfare. (e) acknowledges that the County may immediately terminate the /event if the National Weather Service issues a severe weather warning. or imminent severe weather conditions develop in the area indicating a risk to public safety, or a state of emergency has been declared. Applicant hereby waives any rights and all claims for damages against the County that maw result from the exercise of the rights reserved herein. (f) represents and warrants to the County that Applicants employees. invitees. licensees, contractors. assignees, contestants. exhibitors and performers by their speech. song, music, I'oirgrounds, 4icense.-Igreenient Page 6 of 12 Iniiiuls LkX H 3/7/16 231 conduct or manner will not violate or incite others to violate any statute, lacy. ordinance. rule. regulation or order of any federal. state. municipal or other governmental authority. 15, The County and its officers. agents and employees engaged in the operation and maintenance of' the Prenliscs reserve the rioht to enter upon and to have free access to the Premises at anv and all times. which reservation is hereby acknowledged and agreed to by applicant. 16. Applicant releases and forfeits any, right of action against the County or its members. officials, employees and a�oents from any liabilities, claims for damages. losses, and costs which arise out of or in connection with the Event and to the fullest extent permitted by law, indemnifies, defends and saves the County and County's members" officials. officers, employees and agents harmless (l) auainst all liability, claims for damages, and suits for or by reason ofany injury to any person. including death, and damage to any property for every cause in any Nvay�connected with the Event irrespective of negligence. actual or claimed" upon the part of the County" its agents and employees, except where caused by the willful and wanton acts of Countv officials. officers, employees and agents. and (2) from all expenses incurred by the County for police protection, fire protection and emergency medical services, restoration and clean up, sanitation and maintenance costs and expenses that are required to preserve public order and protect public health, welfare and safety at the Event. The Applicant shall also agree to indemnify the County and County's members, officials. officers, employees and agents against all charges, expenses and costs incurred on account of or by reason of any such injuries. damages, liability, claims. suits or losses and all damages growing Out of the same. 17. At least 30 days prior to the License Duration, the Applicant shall. without limiting Applicant's liability submit certificates of insurance. naming "*Indian River County, PL"" as additional insured and shall: Procure and maintain at Applicant's sole expense. insurance of the types, coverages and amounts not less than stated below: Schedule I..iIII its Commercial General Liability — No more restrictive than $1,000,000 Each Occurrence Combined ISO Form CG0001 (including property damage, personal Single Limit in products i comp. ops. agg., premises, operations. and blanket contractual liability, and host liquor liability) (The County and County"s members, officials. officers, employees and agents, shall be named as additional insureds under all of the above Commercial General Liability coverage). In the event the use of motor vehicles is an integral part of the Event (unless a separate ordinance is specifically applicable to the automobiles): Automobile Liability (all automobiles -owned, hired or non-ov,med) Fairgrtundslcense At reement 111iT1a1s lJ A $500.000 Combined Sin,—,le Limit Page 7 uj 12 3/7/16 232 In the event the Applicant hires cmplo} ees for the Event or is otherwise required to carry workers' compensation insurance. the Applicant will provide cvidence of workers' compensation insurance or exemption as required by Florida \Workers Compensation Law as de firned in Chapter 4401. Florida Statutes. Applicant will assume responsibility for Applicants discretion in confirming that all of the Applicant's contractors or subcontractors engaged in work for the Event have the appropriate workers' compensation coverage. Such cvidencc will include evidence of workers' compensation benefits and employer's liability insurance for the following minimum limits of coverage; Workcrs C'ompcnsation Including coverage for any appropriate Federal Acts (e.g. Longshore and Ilarbor Workers Compensation Act. 33 USC §§ 901-952, and the Jones Act, 46 USC ti § 688 et seq.) where activities include liability exposures for events or occurrences covered by Federal statutes. Employer's Liability Florida Statutory Coverage $100,000 Each Accident $500,000 Disease Policy Limit $100,000 I_ach Employee/Disease In the event that any services or activities of a professional nature are provided. and Risk Management determines the coveraoc is necessary. pursuant to (k) below: Professional Liability ('Errors and Omissions) $1,000,000 Each Occurrence/Claim In the event that children tivill be supervised in connection with the Event and Risk Management determines the coverage is necessary, pursuant to (k) below: Sexual Molestation Liability $1,000.000 Each Occurrence/laim In the event alcoholic beverages, including beer and wine, will be served. sold. consumed or otherwise allowed at the Event, the entity serving or selling the alcoholic beverages must have the following coverage: Liquor Liability $1,000.000 Combined Single Limit (b) Participants — Except as set forth below, the Applicant shall assume all responsibility for Applicant's discretion in obtaining, if any, insurance. from the Event's contributing participants and subcontractors (such as caterers, vendors, production companies. entertainers. sponsors) in the types and amounts necessary to adequately protect the County and the County's members, officials, officers, employees and agents. (c) Primary and Non -Contributory — The Applicant's insurance will apply on a primary basis and will not require contribution from any insurance or self-insurance maintained by the County. Fairgroundsicease A.-reeinew , /�rilints V%L I� Page 8 of Ir 3/7116 233 (d) Deductibles -- "The deductibles of the insurance policies applicable to the Event shall be deemed customary and the responsibility of the Applicant and any named insureds. (c) Additional Insured -- ']'he Applicant's insurance. except workers' compensation and any additional coverages where it is unavailable, will name the Board of County Commissioners of Indian River Cou11131 and COUnty'S members, officials, ofticcrs. employees and agents, as additional insureds under all insurance coverages required for the f�vent. (t) Reporting Provision -The <lpplicant"s insurance shall be provided on an occurrence form. 1n the event that coverage is only available on a claims made form. the Applicant shall agree to maintain an extended reporting coverage for a minimum of two years past the expiration of the annual police term. Duration - Notwithstanding an}thing to the contrary, the Applicant's liabilities intended to be covered by the insurance covera-ge(s) required under this section shall survive and not be terminated, reduced or otherwise limited by any expiration or termination of particular Policies for insurance coverages. (h) Sovereign Entities - State and federal agencies eligible for sovereign immunity may subunit a statement of Self-insurance for liability as allowed by the applicable state or federal statute. Such statement will be acceptable in place of insurance requirements defined herein. (i) Financial Responsibility - Applicant shall obtain insurance by an insurer holdin�al a current certificate of authority pursuant to Chapter 624, Florida Statutes, or a company that is declared as an approved Surplus Lines carrier- under Chapter 626. Florida Statutes. Such insurance shall be written by an insurer with an A.M. Best Rating of A -VII or better. Applicant must maintain continuation of the required insurance throughout the Event, which includes load -in, setup, tear down, and load -out. (j) Evidence of Financial Responsibility - Applicant must provide a certificate of insurance to the County's Risk Manager, demonstrating the maintenance of the required insurance including the additional insured endorsement 30 days prior to the Event Date. Upon written request, the Applicant shall make its insurance policies and endorsements available to the County's Risk Manager. The County's Risk Manager shall approve the Applicant's insurance if it complies with this License Agreement's requirements, including, if' any, additional insurance coverages deemed necessary by the Risk Manager. No material alteration or cancellation. including expiration and non -renewal of Applicant's insurance, shall be effective until 30 days after receipt of written notice by the County from the Applicant or the Applicant's insurance company. (k) Discretionary Authority - Depending upon the nature of any aspect of any event and its accompanying exposures and liabilities, the County may, at its sole option. require additional insurance coverages riot listed above, in amounts responsive to those liabilities. which may or may not require that the County also be named as an additional insured. Fairgrounds cense : agreement l 12 n 9 Page 6als ritiW � 3117116 234 (1) Applicant is required to immediately notitjthe Countv of any incident.. accident. occurrences and/or claims made in connection with the l:Vent. 18. Applicants seeking a permit for the sale and consumption ofalcoholie beverages per section 205.09 of the Indian Kiyel- County Code of'Ordinances shall submit the purveyor's name no less than 45 days prior to the Event to the C OilrltV. At least 10 days prior to the Event, the Applicant shall submit copies of the alcohol vendors required state alcoholic beverage licenses and insurance certificate in accordance xvith Section B. 17 to the County. 19. If default occurs on the part of the Applicant in fulfillment of any of the terms, covenants or conditions. including the timely submittal of all documents set forth in Section B, of this License Agreement, the County may terminate this License Agreement and decline to issue any and all permits necessary for the Event. In such case, the rent, taxes, fees, deposits and any other charges hereunder, whether accruing before or after such termination. shall be considered part of and inclusive of the County's damages resulting from Applicant's default. Applicant's default hereunder shall be considered a default of any and all agreements by and between Applicant and the County, and any amounts due Applicant under its other aureements with the County may be used by the County to remedy Applicants defaults hereunder. Ali-,, remedy granted in this License Agreement to County shall be in addition to all other remedies available to County in law or equity, and not exclusive of such remedies. 20. In the event that the Applicant cancels all or any tinre or portion of the Premises reserved for the Event, the County must receive written notice. Applicants may be entitled to a refund according to the following schedule: a. Cancellation prior to 180 days from the first date of License Duration will receive a refund equal to 85% of the Event Deposit collected under Section B.4.(a). b. Cancellation between 90-180 days of the first date of License Duration will receive a refund equal to 50% of the Event Deposit collected under Section B.4.(a). c. Cancellation less than 90 days of the first date of License Duration will forfeit the Event Deposit collected under Section B.4.(a). 21. in addition to any other charges set forth in the fee Schedule, the Applicant shall pay a 5250 administrative fee for each modification or addendum to the License Agreement. 22. In the event that the Premises or any part thereof. or adjacent premises required for access thereto, should be so damaged or destroyed by fire or other cause, without the fault of Applicant, as to prevent the use of the Premises for the Event. then this License Agreement shall terminate. In such event, the County shall be paid for all items of expense incurred by it under this License Agreement and any rental accrued prior to such destruction or damages, but Applicant shall be relieved of paying rent accruing thereafter. For purposes of this paragraph, causes or events not within Applicant's control shall include, without limitation, acts of God, floods, earthquakes. hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances. sabotage, strikes and restraints imposed by order of a governmental agency or court. Causes or events within Applicant's control, and thus not falling within this Section 12. shall include. without limitation. Applicant's financial inability to perform or comply with the terms and conditions hereof, economic hardship, a featured act's failure or refusal to perform or appear, and Fairgrounds 4icense Agreement Page 10 of i? Initials tN UA '/;/ii' 235 misfeasance. malfeasance or nonfeasance by any of Applicant's directors, officers. employees, contractors, or agents. 23. Applicant acknowledges receipt of and agrees to comply with the Fairground's Rules and Regulations which are attached hereto as Exhibit B and incorporated by reference. 24. Applicant assumes all risks of damages to and loss by theft or otherwise of, the furnitUre. appliances or other property of Applicant or Applicant's employees, invitees, licensees. contractors, assignees, performers, exhibitors, contestants and those otherwise contracting with Applicant. and Applicant hereby expressly releases and discharges County from any and all liability for any such loss and agrees to defend, indemnify and hold Count' - harmless from all claims and actions for damages as to such losses, including attorney's fees. 25. County and Applicant retain all television.. film, recording and licensing rights as to any Event that takes place in or on the Premises. 26. Unless excused by impracticability or impossibility of pertormance or other laNyTul contractual defense, any attraction, act, or person contracted to appear during the Event as an entertainer shall appear at the published time or within one hour thereafter. Applicant shall not advertise or permit any advertising that a particular performer will appear for the Event until after a contract for the performer's appearance has been executed and a copy thereof has been provided to the County: otherwise. the County may terminate this License Agreement and cancel the Event. 27. No exception or waiver of any provision of this License Agreement shall be effective unless in writing signed by the Assistant County Administrator. No such waiver- shall be held to waive the same provision on a subsequent occasion or be construed to constitute a waiver of anv other provision of' this License Agreement. This License Agreement contains the entire agreement between the parties, unless modified or amended by a subsequent w7itten agreement executed by the parties. This License Agreement shall be governed by the lays of the State of Florida, and venue for the resolution of disputes hereunder shall be in a court of laky° in Indian River County. Florida. M. At least 30 days prior to the Event Date. Applicant shall submit proof of application for a "Special Events & Tent Sales Inspection Permit" from the Indian River County Fire Prevention Bureau pursuant to Florida Fire Prevention Code: NFPA 1, Chapter 25, NFPA 101 & 102 and IRC Ordinance Section 208.11. 29. All of the Applicant's subcontractors shall have all of the necessary local, state and federal licenses for the services provided at the Event. 30. All deadlines falling on a weekend or holiday shall be accelerated to the prior business day. 31. Any notice, request, instruction.dei liand. consent or other communication required or permitted to be given under this License A—oreement shall be in writing and shall be given in writing and delivered by email or US Mail. Certified — Return Receipt Requested, to the following: Indian River County Fairhroue v iceuse Agreemew Page Il of 12 l�ritials 3/"16 236 Parks Division 5500 77`x' Street Vero Beach, FL 32967 Email: cc: Applicant: Fully Involved Event Productions. I.LC Wayne Howard 1585 78 111 Avenue Vero Beach. FL 32966 Email: fullyinvolvedeventproductions((i�.gtnail.com 32. Applicant acknowledges that the County makes no guarantees to Applicant. express or implied, as to any pecuniary gain that Applicant may have intended to result from the Event. 33. The recitals and WHEREAS clauses are true, accurate and correct and are hereby incorporated herein by this reference. IN WITNESS WHEREOF, the parties. by and through their authorized representatives' signatures below, do hereby execute this License Agreement on this 1 5tiday of March 2016 FULLY INVOLVED EVENT PRODCUTIONS, LLC: By BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA —� Signature i�Y Cn.i,n,;" By/ v!n,i,r 1_ �: ; ,� , ,a •ot?�•��s, Bob Solari, Chairman Type/Print Narne Title Fairgrounds Lic•ense,-lgreemew initials > Approved by BCC March 15, 2016 Attest: ° �q'• �, Jeffrey R. Smith.CI of Circuit Court�r(d Comptroller 75141 eput Jof A. aird, County Administrator Approved as to Form and Legal Sufficiency - D�,vtan Reingold, County Attorney Page 12 of 12 317116 237 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Monique Filipiak, Land Acquisition Specialist F SUBJECT: Extension for Closing on Agreement for Purchase of 2625 54th Street 26th Street Project Owner: Lisa and Michael Giessert DATE: July 28, 2016 DESCRIPTION AND CONDITIONS On November 10, 2015, the Board approved an Agreement to Purchase, Sell, and Lease Real Estate (Agreement) to purchase a single family home located at 2625 54th Avenue owned by Lisa and Michael Giessert. The property is located at the northwest corner of 54th Avenue and 26th Street. The County has the property under contract to obtain right-of-way necessary for improvements to 26th Street. The Agreement called for the Giesserts and the County to close on the purchase six months after Board approval of the Agreement. The projected closing date was May 10, 2016. Mrs. Giessert contacted staff and asked for a 90 day extension to close on the property in April which was approved by the Board, and she is now requesting an additional 45 day extension to close. The Giesserts are in the process of building a new house and it will not be ready until September 25, 2016, hence the request to delay closing an additional 45 days. The County is not incurring any costs as a result of having the house under contract and any extension of the closing date will not result in any costs to the County. Staff has no objection to the extension FUNDING There is no funding associated with this matter RECOMMENDATION Staff recommends that the Board approves the 45 day extension of closing date and authorize the Chairman to execute the Second Amendment to Agreement on behalf of the Board. ATTACHMENTS One Original of the Second Amendment Indian River County Appr Date Administration Budget Legal Public Works Y2?L[6 �g C:\Users\lclark\Desktop\8-16-16\GIESSERT BOCC MEMO 07 28 16.doc 238 Original Second Amendment To Agreement To Purchase and Sell Real Estate This is an amendment to the Agreement To Purchase, Sell, and Lease Real Estate, dated November 10th, 2015, by and between Michael J. and Lisa B. Giessert ("Sellers") and Indian River County, a political subdivision of the State of Florida ("County"): Paragraph 6.1 is hereby amended as follows: The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 135 days following the 10th of May, 2016. IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the date first set forth above. SELLER: Michael iessert Date Signed: By: Lisa B. Giessert Date Signed: -71;� g 1 (r, COUNTY: Indian River County, Florida Board of County Commissioners in Bob Solari, Chairman Date Signed: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Date Signed: By: Jason E. Br n, County Administrator Date Signed: Approved to form and Leg I Sufficiency: By: County Attorney F:\Engineering\Monique Filipiak\2625 54th Avenue - Michael & Lisa Giessert\GIESSERT Second Amendment To Agreement To Purchase And Sell Real Estate.doc 239 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Director® FROM: W. Keith McCully, P.E., Stormwater Engineer *?� SUBJECT: Approval of Final Release of Retainage for Work Order L-1 and Associated Change Orders With GK Environmental, Inc. for Egret Marsh Stormwater Park DATE: August 1, 2016 DESCRIPTION AND CONDITIONS On November 16, 2010, Indian River County approved Work Order No. L-1 with G.K. Environmental, Inc. (GKE) for completion of landscaping at Egret Marsh Regional Stormwater Park (Egret Marsh). The work order was necessary due to the County's termination of the original construction contract with H & D Construction Company, Inc. for breach of contract, and due to the performance bond company's failure to act to complete the project in a timely manner. Subsequent change orders were issued to GKE for landscape maintenance and exotic vegetation control services. This Agenda Item is a request for final release of retainage for the Work Order and its associated change orders. All work related to the requested retainage release has been performed by GKE and accepted by the County. The final retainage amount is $2,152.15. FUNDING The release of the $2,152.15 retainage will be paid from Transportation Fund/Retainage- G.K. Environmental/Egret Marsh - Account Number 111-206000-05057. RECOMMENDATION Staff recommends that the County Commission approve release of final retainage for Work Order L-1 and its associated change orders. ATTACHMENTS Invoice from G.K. Environmental, Inc. requesting referenced final release of retainage. DISTRIBUTION Public Works Stormwater Division APPROVED AGENDA ITEM FOR: By: Indian River County Appr9ye4J Date Administration 3 % to Budget til k Legal d • ,2.16 Public Works 2 Stormwater Division o�� 2rj14 240 G. K. ENVIRONMENTAL, INC. Environmental Consulting GEORGE R. KULCZYCKI, CEC, CES 155 McKee Lane Vero Beach, FL 32960 Office 772-567-9129 Cell 772-913-0294 Fax 772-567-6245 gke@me.com July 31, 2016 Mr. Keith McCully Stormwater Engineer Indian River County 1801 27`h Street (Building A) Vero Beach, Florida 32960 RE: INVOICE Egret Marsh 10% Partial Release of Retainage 2015 Invoice #234 Dear Keith, Per our agreement, please forward payment of $2,152.15 for 2015 and partial release retainage. If you have any questions, please do not hesitate to give me a call. Sincerely, (�eovg,el R. Kulcr3'c4l George R. Kulczycki, President Principal Ecologist 241 Indian River County, Florida Memorandum TO: Jason Brown, County Administrator THROUGH: Michael Smykowski, Director, OMB FROM: Beth Martin, Risk Manager , DATE: July 22, 2016 SUBJECT: Mediated Settlement; Meadowbrook/Starr Insurance It is requested that the Board of County Commissioners consider the following Consent Agenda item at their August 16, 2016 regular meeting. Background On April 19, 2016 the Board approved settlement of the July 22, 2009 workers' compensation claim of former fire fighter Otto Lenke. At that time, the County was in negotiations with the excess workers' compensation carrier, Meadowbrook/Starr (MS), over payment of approximately $80,000.00 in excess insurance. Analysis Despite MS's position that their payment should be denied in full due to an intervening date of injury, they subsequently agreed to pay $25,000.00 to resolve the coverage dispute. That agreement was negotiated by defense counsel, Anthony Amelio, and on July 22, 2016 the County Administrator executed the settlement document. A copy is attached. Recommendation This is presented to the Board to ratify the action of the County Administrator. or Indian River County A Date Administration Z Legal Budget . Z Risk Management Department 242 RELEASE OF CONTRACT AND HOLD HARMLESS AGREEMENT POLICY NO.: CP026790200AYOI CP02679020I AY01 CP064187600AYOI CP051365500AYOI WCE064198801 AY01 Inclusive of all prior and subsequent renewal periods. POLICY EFFECTIVE DATES• April 1, 2009 through May 1, 2013. KNOW ALL PERSONS BY THESE PRESENTS: That I, REPRESENTATIVE OF THE INDIAN RIVER COUNTY BOCC a/s/o JASON BROWN, COUNTY ADMINISTRATOR FOR INDIAN RIVER BOCC ("RELEASOR") for and in consideration of the total sum of TWENTY FIVE THOUSAND DOLLARS AND ZERO CENTS ($25,000.00), and other good and valuable consideration to be paid by MEADOWBROOK, INSURANCE GROUP INCORPORATED, a Michigan based corporation, wherein payment is due no later than 21 days subsequent to the receipt by MEADOWBROOK INSURANCE GROUP INCORPORATED of the executed copy of this RELEASE OF CONTRACT AND HOLD HARMLESS AGREEMENT (hereinafter "RELEASE OF CONTRACT"), the RELEASOR has released, acquitted and forever discharges and hold harmless MEADOWBROOK INSURANCE GROUP INCORPORATED, STAR INSURANCE COMPANY, STATE NATIONAL INSURANCE COMPANY, and THEIR AFFILIATED COMPANIES ("THE COMPANY'), including their heirs, executors, administrators, successors, assigns, affiliates, employees, insurers, agents and representatives, (hereinafter collectively referred to as "RELEASEE"), of and from any and all loss, losses, occurrence, occurrences, claims, damages, demands, actions, causes of action, alleged or brought, or which could have been alleged or bought under the law, codes and statutes of any and all states, federal, foreign, local or territorial jurisdictions, of whatever name or nature in any manner arising, arising from, arising or to grow out of any and all accidents, incidents, occurrences or matters concerning atrial fibrillation, coronary artery disease, acquired hypothyroidism, shortness of breath, cognitive 243 impairment, memory difficulty, multiple vascular damage, and/or stroke in relationship to the workers compensation Claimant, OTTO LENKE, for any and all dates of injury, accident, and/or exposure that has been brought or could have been brought during the effective dates of the contract Public Entity Excess Liability, Policy No.: CP 02679 02, PUBLIC ENTITY EXCESS LIABILITY POLICY GENERAL LIABILITY COVERAGE FLORIDA EXTENSION OF GENERAL LIABILITY EXCESS WORKER'S COMPENSATION ENDORSEMENT, including all prior and subsequent renewal periods (effective dates being April 1, 2009 through May I, 2013.). THE COMPANY provided excess coverage to INDIAN RIVER COUNTY BOCC under multiple polices for the period of April 1, 2009 through May 1, 2013 (THE CONTRACT). This settlement applies to all policies issued by THE COMPANY/RELEASEE to the INDIAN RIVER COUNTY BOCC. INDIAN RIVER COUNTY BOCC agrees this payment exhausts all rights under the policies issued by THE COMPANY/RELEASEE for reimbursement of any amounts payable to OTTO LENKE or to INDIAN RIVER COUNTY for loss payments, costs, expenses or fees incurred during the pendency of this matter as it relates to the medical conditions of atrial fibrillation, coronary artery disease, acquired hypothyroidism, shortness of breath, cognitive impairment, memory difficulty, multiple vascular damage, and/or stroke. This RELEASE OF CONTRACT is to be effective for THE COMPANY/RELEASEE. A check made out to Risk Management Services in the amount of $25,000.00 is to be issued no later than 21 days after the execution by both parties of this RELEASE OF CONTRACT. This RELEASE OF CONTRACT applies to all dates of injury, whether known or unknown, arising during the effective periods of THE CONTRACT, as it relates to OTTO LENKE'S medical conditions in the form of atrial fibrillation, coronary artery disease, acquired hypothyroidism, shortness of breath, cognitive impairment, memory difficulty, multiple vascular damage, and/or stroke, and RELEASOR does hereby release and forever discharge any and all claims which have or may have been brought, whether known or unknown, as it relates to atrial fibrillation, coronary artery disease, acquired hypothyroidism, shortness of breath, cognitive impairment, memory difficulty, multiple vascular damage, and/or stroke, including, but not limited to future medical benefits, monetary compensation, impairment benefits, death benefits, attorney's fees, past medical benefits, rehabilitation benefits, during the effective policy periods of THE 244 CONTRACT. The parties agree that this RELEASE OF CONTRACT releases "THE COMPANY/RELEASEE" as defined herein for claims involving of atrial fibrillation, coronary artery disease, acquired hypothyroidism, shortness of breath, cognitive impairment, memory difficulty, multiple vascular damage, and/or stroke in relationship to the workers' compensation claimant, OTTO LENKE, which have been or could have been claimed to have arisen during the policy period of THE CONTRACT, specifically from April 1, 2009 through May 1, 2013. This RELEASE OF CONTRACT has no force or effect regarding dates of occupational disease relating to atrial fibrillation, coronary artery disease, acquired hypothyroidism, shortness of breath, cognitive impairment, memory difficulty, multiple vascular damage, and/or stroke in relationship to the workers' compensation Claimant, OTTO LENKE, occurring prior to April 1, 2009 or subsequent to May 1, 2013; specifically this RELEASE OF CONTRACT does not apply to excess policies in effect before or after THE CONTRACT (contract period being April 1, 2009 through May 1, 2013), regardless of excess carrier or third party administrator affiliation to "THE COMPANY" as defined herein. 1, REPRESENTATIVE OF THE INDIAN RIVER COUNTY BOCC a/s/o JASON BROWN, COUNTY ADMINISTRATOR FOR INDIAN RIVER COUNTY BOCC, further state while this document hereby releases all claims against THE COMPANY/RELEASEE for OTTO LENKE's medical conditions of atrial fibrillation, coronary artery disease, acquired hypothyroidism, shortness of breath, cognitive impairment, memory difficulty, multiple vascular damage, and/or stroke, the payment hereby may not satisfy all of the damages resulting from OTTO LENKE's Employment with the INDIAN RIVER COUNTY BOCC, and during the policy's effective dates for THE CONTRACT, and the RELEASOR hereby indemnify, and holds harmless for any future "Loss," "Losses," and/or "Occurrence" as defined in THE CONTRACT, as THE CONTRACT relates to the Claimant, OTTO LENKE's medical conditions of atrial fibrillation, coronary artery disease, acquired hypothyroidism, shortness of breath, cognitive impairment, memory difficulty, multiple vascular damage, and/or stroke. RELEASOR hereby acknowledges and agrees and further expressly waives and assumes the risk of any and all claims for benefits which exist or may exist for OTTO LENKE and THE CONTRACT regarding OTTO LENKE'S medical conditions of of atrial fibrillation, coronary artery disease, acquired hypothyroidism, shortness of breath, cognitive impairment, memory difficulty, multiple vascular 245 damage, and/or stroke. That 1, REPRESENTATIVE OF THE INDIAN RIVER COUNTY BOCC a/s/o JASON BROWN, COUNTY ADMINISTRATOR FOR INDIAN RIVER COUNTY BOCC, further agree to HOLD HARMLESS the RELEASEE from any and all worker's compensation liens, hospital and medical liens, or other applicable liens arising out of the payments made with regard to damages sustained as a result of workers compensation matter of OTTO LENKE and his medical conditions of atrial fibrillation, coronary artery disease, acquired hypothyroidism, shortness of breath, cognitive impairment, memory difficulty, multiple vascular damage, and/or stroke, for all conditions related to atrial fibrillation, coronary artery disease, acquired hypothyroidism, shortness of breath, cognitive impairment, memory difficulty, multiple vascular damage, and/or stroke. It is further acknowledged that there is no agreement or compromise on the part of said RELEASEE to do or omit to do any act or thing not herein mentioned, and that the above consideration is in full and final settlement of any and all lawsuits and all damages to the undersigned arising from or out of any and all matters aforementioned. This RELEASE OF CONTRACT AND HOLD HARMLESS AGREEMENT contains the entire agreement between the parties hereto, and the terms of this RELEASE OF CONTRACT AND HOLD HARMLESS AGREEMENT are contractual and not a mere recital. I HAVE READ THE PRECEDING PAGES OF THIS RELEASE OF CONTRACT AND HOLD HARMLESS AGREEMENT AND FULLY UNDERSTAND IT AND ACKNOWLEDGE AND AFFIRM THAT I HAVE AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF INDIAN RIVER COUNTY BOCC. JASON B O , COUNTY ADMINISTRATOR, INDIAN IV COUNTY BOCC 246 _Witness ' «-1-- Vt✓r'L tj� h (- L rI Address STATE OF FLORIDA ) SS COUNTY OF jN�+tutii Witness ✓ego Germ// FL 2 Address I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the STATE of FLORIDA, / /(fin! R iV2T COUNTY aforesaid to take acknowledgments, personally appeared JASON BROWN, upon his oath, deposes and says that he is the person described herein, that she is duly authorized to execute same on behalf of the INDIAN RIVER COUNTY, and that he executed the foregoing RELEASE OF CONTRACT AND HOLD HARMLESS AGREEMENT in the presence of two subscribing witnesses, for the purposes stated therein, and acknowledge that he executed the same freely and voluntarily. IN WITNESS WHEREOF, I have hereby set my hand and affixed my official seal in the State of Florida and 11- (/q„V COUNTY last aforesaid this201b. i Z day of _T24— JUDY T i/ _* r ►h!F:' MY COMMISSION i FF MM EXPIRES: January 28 2018 9i Bon4W Tluu Notary Public U'benmtan NOTARY PUBLIC Seal: Approved as to form by 247 Anthony M. Amelio, Attorney At Law 603 North Indian River Dr. Suite 200, Fort Pierce, FL 34950 772-489-2400 By: Anthony M. Amelio, Attorney At Law Date: Lisa B. Hicks, Esquire Hernandez, Hicks & Valois Attorneys for Employer/Carrier 5800 North Andrews Avenue Ft Lauderdale, FL 33309 (954)938-1920 Attorney for THE COMPANY/RELEASEE Date: Florida Bar No.: 0125768 248 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Directo FROM: W. Keith McCully, P.E., Stormwater Engineer SUBJECT: Approval of Contract with Van Ert, Nemoto and Associates, LLC for a Pilot Plant Study for a Full -Scale Managed Aquatic Plant Pollutant Removal System That Incorporates the Beneficial Use of Harvested Biomass DATE: August 3, 2016 DESCRIPTION AND CONDITIONS On April 19, 2016, the Board of County Commissioners unanimously approved selection of Van Ert, Nemoto and Associates, LLC ("VEN") to perform the Work described in RFQ #2016034 and authorized staff to negotiate a scope of services and a contract with the firm. The purpose of this Agenda Item is to request approval of the contract for this project with VEN. Specific services are listed in Attachment 1. The delay in issuing the contract was due to the difficulty of identifying a study site acceptable to Indian River Farms Water Control District (IRFWCD) and obtaining a letter of No Objection from an adjacent residential development. The pilot plant site will be located along the northwest intersection of the North Relief Canal and 58th Avenue in IRFWCD right-of-way adjacent to Pine Ridge subdivision. The original RFQ suggested a six-month long pilot plant study. However, upon further deliberation, staff deems a twelve-month period will be much more beneficial and in the County's best interest. Therefore, the attached Work Order incorporates a twelve-month time period. The professional services fee associated with the contract is $148,935. FUNDING The $148,935 funding for the project will come from Transportation Fund/Stormwater/Aquatic Plant Pilot Study — Account # 11128138-033190-16031. RECOMMENDATION Staff recommends the Board of County Commissioners approve Work Order No. VEN-1 with Van Ert, Nemoto and Associates, LLC. ATTACHMENTS Agreement for a Pilot Plant Study for a Full -Scale Managed Aquatic Plant Pollutant Removal System That Incorporates the Beneficial Use of Harvested Biomass, executed by Van Ert, Nemoto and Associates, LLC. (one copy) F:\Public Works\KeithM\Stormwater Projects\Managed Aquatic Plant SystemWgenda Items\Pilot Plant Contract\Agenda - Consent - Pilot Plant 249 Contract.doc Page 2 Approval of Contract with Van Ert, Nemoto and Associates, LLC for a Pilot Plant Study for a Full -Scale Managed Aquatic Plant Pollutant Removal System That Incorporates the Beneficial Use of Harvested Biomass BCC Agenda Item for August 16, 2016 DISTRIBUTION Public Works Stormwater Division APPROVED AGENDA ITEM Indian River County Appr9WO Date Administration I Budget �' V1 Gi Legal �J b Public Works � Stormwater Division S 03-Zv( F:\Public Works\KeithM\Stormwater Projects\Managed Aquatic Plant System\Agenda lternMgenda - Consent - Pilot Plant Contract.doc 250 AGREEMENT for PILOT PLANT STUDY FOR A FULL-SCALE MANAGED AQUATIC PLANT POLLUTANT REMOVAL SYSTEM THAT INCORPORATES THE BENEFICIAL USE OF HARVESTED BIOMASS THIS AGREEMENT for PROFESSIONAL SERVICES ("Agreement"), is entered into on this day of August, 2016 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, ("COUNTY"), and VAN ERT, NEMOTO AND ASSOCIATES, LLC, ("Consultant"). BACKGROUND RECITALS: A. The COUNTY has selected the Consultant to provide certain professional services relating to a pilot plant study for County Public Works Stormwater Division. The pilot plant study is a precursor to the design of a full-scale managed aquatic plant stormwater treatment system. These Services are intended to help the County achieve its mission of reducing pollution of the Indian River Lagoon caused by stormwater runoff and groundwater seepage. Such Services are necessitated by federal Phase II National Pollutant Discharge Elimination System (NPDES) requirements and anticipated state requirements related to pollution discharged into the Indian River Lagoon. B. The Consultant is willing and able to perform the Services for the COUNTY on the terms and conditions set forth below; and C. The COUNTY and the Consultant wish to enter into this Agreement for the Consultant's Services for the Project. NOW THEREFORE, in accordance with the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. GENERAL 1.1 All professional services provided by the Consultant for the COUNTY shall be performed in a timely, efficient, cost effective manner, and in accordance with the current professional standards of the applicable discipline. 1.2 Services that would increase, decrease, or which are otherwise outside the Scope of Services or level of effort contemplated herein shall be Services for which the Consultant must obtain the prior written approval of the COUNTY as provided by this Agreement. All terms for the performance of such Services must be agreed upon in a written document prior to any deviation from the terms herein, and when properly C:\Users\lclark\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5SOPSUIL\MAPS Agreement.doc 251 authorized and executed by both the Consultant and the COUNTY shall become an amendment to this Agreement. 1.3 A schedule of current hourly billing rates is set forth in Exhibit 1 attached to this Agreement and made a part hereof by this reference. These hourly billing rates will remain effective for the duration of this Agreement. 1.4 The Background Recitals are true and correct and form a material part of this Agreement. 2. SCOPE OF SERVICES 2.1 This Project involves the design, construction, and operation of a pilot plant study whose critical function is to develop final design data to be used by the County to design a full-scale Managed Aquatic Plant stormwater/groundwater seepage pollution removal system. The water source will be the Indian River Farms Water Control District's (IRFWCD) North Relief Canal. The full-scale system will be designed to remove a minimum of 4,000 pounds total phosphorus per year and a minimum of 20,700 pounds of total nitrogen per year from North Relief Canal water. The Project's required end products are a recommended Managed Aquatic Plant System treatment process and final design parameters for the recommended process. 2.2 A detailed Scope of Services is presented in Exhibit 2 attached to this Agreement and made a part hereof by this reference. 3. COUNTY OBLIGATIONS 3.1 The COUNTY will provide the Consultant with a copy of any preliminary data or reports available as required in connection with the Work to be performed under this Agreement, together with all available drawings, surveys, right-of-way maps, and other documents in the possession of the COUNTY pertinent to this Project. The Consultant shall satisfy itself as to accuracy of any data provided. The Consultant is responsible for bringing to the COUNTY's attention, for the COUNTY's resolution, material inconsistencies or errors in such data that come to the Consultant's attention. 3.2 The COUNTY shall arrange for access to, and make provisions for the Consultant to enter upon, public and private property (where required) as necessary for the Consultant to perform its Services, upon the timely written request of Consultant to COUNTY. 3.3 The COUNTY shall promptly execute and pay for all permit applications necessary to the Project. 3.4 The COUNTY shall examine any and all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the Consultant, and render, in writing, decisions pertaining thereto within a reasonable time. 2 C:WsersNatt Van EitZ"ktop\IRC VEN AS_RB Project'Budget and SOw\SOw and Budget Revision Aug=MMAPS Agreement.doc 252 3.5 Approval by the COUNTY of any of the Consultant's Work, including but not limited to analysis drawings, design parameters and specifications, written reports, or any work products of any nature whatsoever furnished hereunder, shall not in any way relieve the Consultant of responsibility for the technical accuracy and adequacy of the work. Neither the COUNTY's review, approval or acceptance of, or payment for, any of the Services furnished under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. The Consultant shall be and remain liable in accordance with all applicable laws for all damages to the COUNTY caused by the negligent performance by the Consultant of any of the Services furnished under this Agreement. 3.8 The COUNTY will appoint a Project Manager for the specific Services in connection with this project. The Project Manager shall: (a) act as the COUNTY's agent with respect to the Services rendered hereunder; (b) transmit instructions to and receive information from the Consultant; (c) communicate the COUNTY's policies and decisions to the Consultant regarding the Services; and (d) determine, initially, whether the Consultant is fulfilling its duties, responsibilities, and obligations hereunder. The COUNTY's Project Manager is W. Keith McCully, P.E., 772-226-1562, kmccully ircgov.com. 3.7 The COUNTY shall give prompt written notice to the Consultant whenever the COUNTY observes or otherwise becomes aware of any development that affects the timing or delivery of the Consultant's Services. If the Consultant has been delayed in completing its Services through no fault or negligence of either the Consultant or any sub -consultant, and, as a result, will be unable to perform fully and satisfactorily under the provisions of this Agreement. then the Consultant shall promptly notify the Project Manager In the COUNTY's sole discretion, and upon the submission to the COUNTY of evidence of the causes of the delay, the Agreement shall be modified in writing as set forth herein, subject to the COUNTY'S rights to change, terminate, or stop any or all of the Services at any time in accordance with this Agreement. 3.8 The Consultant shall not be considered in default for a failure to perform if such failure arises out of causes reasonably beyond the Consultant's control and through no fault or negligence of the Consultant. The parties acknowledge that adverse weather conditions, acts of God, or other unforeseen circumstances of a similar nature, may necessitate modifications to this Agreement. If such conditions and circumstances do in fact occur, then the COUNTY and Consultant shall mutually agree, in writing, to the modifications to be made to this Agreement. 4. RESPONSIBILITIES OF THE CONSULTANT 4.1 The Consultant agrees to perform all necessary professional services in connection with the referenced Scope of Services. C:UsersNatt Van Ert\Desktop\IRC_VEN_AS_RB_Project\Budget and SOW\SOW and Budget Revision Aug2016\MAPS Agreemeni.doc M&I 4.2 The Consultant agrees to complete the Project within the time frame specified herein, recognizing that certain conditions as discussed in paragraph 3.8 may necessitate written and mutually agreed upon modifications to this Agreement. 4.3 The Consultant will maintain an adequate staff of qualified personnel. 4.4 The Consultant will comply with all present federal, state, and local laws, rules, regulations, policies, codes, and guidelines applicable to the Services performed under this Agreement. 4.5 The Consultant, as a part of the consideration hereof, does hereby covenant and agree that: (1) in connection with the furnishing of Services to the COUNTY hereunder, no person shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in regard to the services to be performed by Consultant under this Agreement on the grounds of such person's race, color, creed, national origin, religion, physical disability, age or sex; and (2) the Consultant shall comply with all existing requirements concerning discrimination imposed by any and all applicable local, state, and federal rules, regulations, or guidelines, as such rules, regulations, or guidelines may be from time to time amended. 4.6 The Consultant shall, during the entire term of this Agreement, procure and keep in full force, effect, and good standing any and all necessary licenses, registrations, certificates, permits, and any and all other authorizations as are required by local, state, or federal law, in order for the Consultant to render its Services as described in this Agreement. The Consultant shall also require all sub -consultants to comply by contract with the provisions of this section. 4.7 The Consultant will help prepare all necessary sketches and completed application forms to accompany the COUNTY's applications for any required federal, state, or local permits. The Consultant will reply, in writing, to all regulatory agencies' requests for additional information related to a permit application. The Consultant will document all meetings, conversations, etc. with permitting agencies. The Consultant will provide the COUNTY with copies of all permit applications, including attachments, and all related correspondence. The Consultant acknowledges that preparation of all applicable permits for the COUNTY's submittal to regulatory agencies, and the Consultant's written responses to all regulatory agencies' questions until the permit is issued or denied, are included within the scope of basic compensation in this Agreement. No additional service work related to permitting will be approved for any reason, except in the case where new permitting requirements become effective after the effective date of this Agreement. 4.8 The Consultant will cooperate fully with the COUNTY in order that all phases of the Work may be properly scheduled and coordinated. 4.9 The Consultant shall report the status of the Services under this Agreement to the County Project Manager upon request and hold all work products 4 C:\UsersWlatt Van Ert\DesktopURC_VEN_AS_RB_ProjedlBudget and SOMSOW and Budget Revision Aug2016WAPS Agreement.doc 254 open to the inspection of the County Project Manager or his authorized agent at any time, upon reasonable request. 4.10 The Consultant agrees to maintain complete and accurate books and records ('Books"), in accordance with sound accounting principles and standards for all Services, costs, and expenditures under this Agreement. The Books shall identify the Services rendered during each month of the Agreement and the date and type of each Project -related expense. The COUNTY shall have the right, at any reasonable time and through any of its designated agents or representatives, to inspect and audit the Books for the purpose of verifying the accuracy of any invoice. The Consultant shall retain the Books, and make them available to the COUNTY as specified above, until the later of three (3) years after the date of termination of this Agreement, or such longer time if required by any federal, state, or other governmental law, regulation, or grant requirement. 4.11 The Consultant shall not assignor transfer any work under this Agreement without the prior written consent of the COUNTY. When applicable and upon receipt of such consent from the COUNTY, the Consultant shall cause the names of the transferee firms responsible for the major portions of each separate specialty of the work to be inserted on the reports or other data. 5. TIME FOR COMPLETION 5.1 Time is of the essence for this Work. Complete all Work in an expeditious manner and within the timeframes set forth in Exhibit 2. 6. COMPENSATION -6.1 The COUNTY agrees to pay and the CONSULTANT agrees to accept, a total lump sum fee of $148,935 for Tasks 1 through 4 as set forth on Table A3 in Exhibit 2. Additional services shall be performed at the hourly rates as set forth in this Agreement or at negotiated prices. 6.2 Partial Payments: The COUNTY shall make monthly partial payments to the CONSULTANT for all authorized work pertaining directly to this project performed during the previous calendar month. The CONSULTANT shall submit invoices monthly for services performed and expenses incurred pursuant to this Agreement during the prior month. 6.2.1 The CONSULTANT shall submit duly certified invoices in duplicate to the Project Manager. For lump sum line items, the amount submitted shall be the prorated amount due for all work performed to date under this phase, determined by applying the percentage of the work completed as certified by the CONSULTANT, to the total due for this phase of the work. For time and material line items, the amount submitted shall be based on the actual hours worked and expenses incurred for the billing period. 5 C:\Users\Maft Van ErMesktop\IRC VEN AS_RB_Project\Budget and SOW\SOW and Budget Revision Aug2016WWPS Agreement.doc 255 6.2.2 The amount of the partial payment due the CONSULTANT for the work performed to date under these phases shall be an amount calculated in accordance with the previous paragraph and less previous payments. Per F.S. 218.74(2), the COUNTY will pay approved invoices on or before the forty-fifth day after the COUNTY receives the CONSULTANT's invoice. 6.3 Invoices shall be in detail sufficient for proper prepayment and post payment audit. Upon submittal of a proper invoice, the Project Manager will determine if the tasks or portions thereof have been satisfactorily completed. Upon a determination of satisfactory completion, the County Project Manager will authorize payment. 6.4 The COUNTY shall make direct payment of all permit fees paid to regulatory agencies for approvals directly attributable to the Services under the Project. 6.5 The COUNTY may at any time notify the Consultant of requested changes to the Scope of Services, and thereupon the COUNTY and the Consultant shall execute a mutually agreeable written amendment to this Agreement. 6.6 The COUNTY shall have the sole right to reduce or eliminate, in whole or in part, any portion of the Services under this Agreement at any time and for any reason, upon written notice to the Consultant specifying the nature and extent of the reduction. In such event, the Consultant shall be paid for the Services already performed and also for the Services remaining to be done and not reduced or eliminated, upon submission of invoices as set forth in this Agreement. 6.7 The COUNTY may, at any time and for any reason, direct the Consultant to suspend Services, in whole or in part under this Agreement. Such direction shall be in writing, and shall specify the period during which Services shall be stopped. The Consultant shall resume its Services upon the date specified, or upon such other date as the COUNTY may thereafter specify in writing. Where the COUNTY has suspended the Services under this Agreement for a period in excess of six (6) months, the compensation of Consultant for such suspended Services may be subject to modification. The period during which the Services are stopped by the COUNTY shall be added to the time of performance of this Agreement. 7. ADDITIONAL WORK 7.1 If services in addition to the Services provided hereunder are required or desired by the County in connection with the Project, the COUNTY may, at the sole option of the COUNTY: separately obtain same outside of this Agreement; or request the Consultant to provide, either directly by the Consultant or by a sub -consultant, such additional services by a written amendment to this Agreement. 8. INSURANCE AND INDEMNIFICATION 1.1 C:\Users\Matt Van Ert\DesktopkiRC_VEN_AS_RB_project\Budget and SOMOW and Budget Revision Aug2016W1APS Agreement.doc 256 8.1 The Consultant shall not commence work on this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the County's Risk Manager. 8.2 Consultant shall procure and maintain, for the duration of this Agreement, the minimum insurance coverage as set forth herein. The cost of such insurance shall be included in the Consultant's fee: 8.2.1. Workers' Compensation and Employer's Liability Insurance. Statutory requirements for worker's compensation and employer's liability of $100,000 each accident, $500,000 disease policy limit, and $100,000 disease each employee. 8.2.2 Business Automobile Insurance. This coverage shall include owned, hired and non -owned vehicles at a minimum combined single limit of $300,000 per occurrence. 8.2.3 General Liability Insurance. Commercial general liability coverage, including contractual liability and independent contractor, with a minimum combined single limit of $300,000 per occurrence. 8.2.4 Professional Liability. Professional liability insurance at a minimum limit of $1,000,000. 8.2.5 Consultant agrees to provide the insurance required, written by a carrier licensed to do business in Florida. The insurance company selected shall be rated A - VII or better, per the Best's Key Rating Guide. 8.2.6 Indian River County and Indian River Water Control District must be added as an additional insured on all policies described above. The certified policies of insurance shall be submitted to the Risk Manager for Indian River County ten (10) days prior to the commencement of any work under the Agreement. A certificate of insurance will be provided to the Risk Manager for review and approval. The certificate shall provide for Indian River County and Indian River Farms Water Control District to be named as additionally insured for Business Automobile Insurance and General Liability Insurance for work under the Agreement. 8.2.7 The COUNTY shall be given thirty (30) days written notification of intent to cancel or modification of any stipulated insurance. Insurance coverage shall be written on an occurrence basis with a company licensed to do business in the State of Florida. 8.2.8 Consultant shall include all sub -consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub -consultant. All coverages for sub -consultants shall be subject to all of the requirements stated herein. 8.2.9 The COUNTY, by and through its Risk Manager, reserves the right periodically to review any and all policies of insurance and reasonably to adjust the 7 C:\Users\Matt Van Ert\DesktopURC_VEN AS_RB Project\Budget and SO\MSM and Budget Revision Aug2016U0IAPS Agreement.doc 257 limits of coverage required hereunder, from time to time throughout the term of this Agreement. In such event, the COUNTY shall provide the Consultant with separate written notice of such adjusted limits and Consultant shall comply within thirty (30) days of receipt thereof. The failure by Consultant to provide such additional coverage shall constitute a default by Consultant and shall be grounds for termination of this Agreement by the COUNTY. 9. HOLD HARMLESS CLAUSE 9.1 The Consultant agrees to defend, hold harmless, and indemnify the County and its commissioners, officers, employees and agents from all suits, actions, claims or liabilities of any kind whatsoever (including reasonable attorney fees) arising out of or relating to in any way to any negligence, intentional misconduct, breach of contract or breach of applicable law by the Consultant or its employees, or any other person or entity performing work under the contract on behalf of the Consultant. 10. TERMINATION 10:1-- This Agreement may be terminated: (a) by the COUNTY, for any reason, upon thirty (30) days' prior written notice to the Consultant; or (b) by the Consultant, for any reason, upon thirty (30) days' prior written notice to the COUNTY; or (c) by the mutual Agreement of the parties; or d) as may otherwise be provided below. In the event of the termination of this Agreement, any liability of one party to the other arising out of any Services rendered, or for any act or event occurring prior to the termination, shall not be terminated or released. 10.2 In the event of termination by the COUNTY, the COUNTY's sole obligation to the Consultant shall be payment for those portions of satisfactorily completed work previously authorized in this Agreement. Such payment shall be determined on the basis of the hours of work performed by the Consultant, or the percentage of work complete as estimated by the Consultant and agreed upon by the COUNTY up to the time of termination. In the event of such termination, the COUNTY may, without penalty or other obligation to the Consultant, elect to employ other persons to perform the same or similar services. 10.3 The obligation to provide services under this Agreement may be terminated by either party upon seven (7) days prior written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the terminating party. 10.4 In the event that the Consultant merges with another company, becomes a subsidiary of, or makes any other substantial change in structure, the COUNTY reserves the right to terminate this Agreement in accordance with its terms. H. C:\Users\Matt Van Ert\Desktop\IRC VEN AS RB_Project\Budget and SOW\SOW and Budget Revision Aug2016WAPS Agreement.doc 258 10.5 In the event of termination of this Agreement, the Consultant agrees to surrender any and all documents prepared by the Consultant for the COUNTY in connection with this Agreement. 10.6 The COUNTY may terminate this Agreement for refusal by the Consultant to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119 Florida Statutes and made or received by the Consultant in conjunction with this Agreement. 10.7 The COUNTY may terminate this Agreement in whole or in part if the Consultant submits a false invoice to the COUNTY. 11. TRUTH -IN -NEGOTIATION CERTIFICATE; CONTINGENCY FEES 11.1 Execution of this Agreement by the Consultant shall act as the execution of a truth -in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete and current as of the date of the Agreement and no higher than those charged the Consultant's most favored customer for the same or substantially similar service. The wage rates and costs shall be adjusted to exclude any significant sums should the COUNTY determine that the wage rates and costs were increased due to inaccurate, incomplete or noncurrent wage rates or due to inaccurate representations of fees paid to outside consultants. The COUNTY shall exercise its rights under this "Certificate" within one (1) year following final payment. COUNTY has the authority and right to audit Consultant's records under this provision. The COUNTY does not hereby waive any other right it may have pursuant to Section 287.055, Florida Statutes, as it may be from time -to -time amended. 11.2 The Consultant warrants that it has not employed or retained any company or person other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement and that it has not paid or agreed to pay any company or person other than a bona fide employee working solely for the Consultant any fee, commission, percentage fee, gifts or any other considerations, contingent upon or resulting from the award or making of this contract. For breach of violation of this provision, the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 12. MISCELLANOUS PROVISIONS 12.1 Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the Consultant or employees or sub -consultants of the Consultant are in no way to be considered employees of the COUNTY, but are independent contractors performing solely under the terms of the Agreement and not otherwise. D C:\Users\Matt Van Ert\Desktop\IRC_VEN AS_RB_Project\Budget and SOW\SOW and Budget Revision Aug2016WIAPS AgreemeM.doc" 259 12.2 Merger; Modification. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the Consultant and the COUNTY. 12.3 Governing Law: Venue. This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 12.4 Remedies; No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. Each right, power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent delinquency or default. A party's waver of one or more defaults does not constitute a waver of any other delinquency or default. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 12.5 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 12.6 Availability of Funds. The obligations of the COUNTY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 12.7 No Pledge of Credit. The Consultant shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. 10 C:\Users\Matt Van Ert\Desktop\IRC_VEN_AS_RB_Projea\Budget and SOWZM and Budget Revision Aug2016WIAPS Agre"nt.doa 260 12.8 Public Records. The Consultant shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement. 12.9 Notices: Any notice, request, demand, consent, approval, or other communication required or permitted by this Agreement shall be given or made in writing and shall be served, as elected by the party giving such notice, by any of the following methods: (a) Hand delivery to the other party; (b) Delivery by commercial 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: Keith McCully, P.E. 1801 27th Street Vero Beach, FL 32960 Consultant: Van Ert, Nemato and Associates, LLC Attn: Dr. Matthew Van Ert 5400 25"' Street SW Vero Beach, FL 32968 Notices shall be effective when received at the address as specked above. 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. 12.10 Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by Consultant shall survive the termination or expiration of this Agreement. 12.11 Construction. The headings of the Sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such Sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the party or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel (or had the opportunity to be 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 12.12 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. [The remainder of this page was left blank intentionally.] 11 CAUsersWtatt Van ER\Desktop\IRC_VEN_AS_RB_Project\Budget and SOW\.SOW and Budget Revision Aug=16W1APS Agreement.doc 261 IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. CONSULTANT: VAN ERT, NEMOTO AND ASSOCIATES, LLC By: 'e—, Title: feerwentr LlAw fxr ,vim,,,, m ,-wo BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY -32 Bob Solari, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approve Jason E. Bro n, County Administrator A p o as form nd I I sufficiency: William K. Debraal, Deputy County Attorney 12 CAUsersWatt Van Ert\DesktopURC_VEN_AS RB_ProjedlBudget and SOw1SOw and Budget Revision Aug2016NAPS Agreement.doc 262 Exhibit 1. Hourly rates of Personnel Involved in the Project Scientist, PhD Level Engineer, P.E. Scientist, MS Level Scientist, BS Level Skilled Laborer 1 Skilled Laborer 2 Skilled Laborer 3 $105 $125 $65 $55 $30 $30 $30 263 Exhibit 2/Appendix A: Scope of Work and Top Level Budget for Pilot Plant Study For Full -Scale Managed Aquatic Plant Pollution Removal System That Incorporates The Beneficial Use of Harvested Biomass v.08012016 PRESENTED TO: W. Keith McCully, P.E. Lead Engineer Indian River County Public Works 1800 27th Street PREPARED BY: Dr. Matthew Van Ert, PhD Mr. E. Allen Stewart, P.E. Mr. Robinson Bazurto Mr. Nicholas Sciullo Vero Beach, Florida 32960 Van Ert, Nemoto and Associates, LLC 5400 25th Street SW Vero Beach, Florida 32968 264 1. Background, Purpose Statement To meet Total Maximum Daily Loads (TMDLs) as defined by the Florida Department of Environmental Protection (FDEP), Indian River County (County) will evaluate managed aquatic plant systems (MAPS) to reduce Nitrogen (N) and Phosphorous (P) in waters discharged from the North Relief Canal (NRC). Although the County has used existing MAPS technologies to reduce N and P discharges in the Main and South Relief Ca- nals, the County recognizes that opportunities exist to improve upon these approaches. As a result, the County is interested in developing and testing technologies that have advantages over traditional MAPS in terms of design, performance and efficiency. Van Ert, Nemoto and Associates, LLC (VEN) will work with Indian River County to im- plement and test an innovative, low energy MAPS — a concept termed Low Energy Aquatic Plant System (LEAPSTM) - that combines cultivation of aquatic plant species with settling and oxygenation units to reduce N and P in nutrient impaired waters. Spe- cifically, VEN will design, construct, operate, monitor and optimize a pilot scale LEAPS T11 on the NRC. In addition, VEN will compare then LEAPSTM performance to a non -sloped attached algae system known as a Periphytic-Epiphytic Algae Re - Oxygenation (PEARO) system. Each system will operate at a flow rate of 5 gallons per minute (total = 14,400 gallons/day). The overall goal of the project is to collect relevant data over a 12 month period to develop a preliminary design and process layout for a full-scale system that can be constructed on the North Relief Canal; a preliminary de- sign report will be presented formally to the County. 2. Tasks and Deliverables The project will be completed in four main tasks or stages: Stage 1. Site Selection, Preliminary Water Testing, Construction of Pilot Stage 2. Pilot testing: Emergent Plant Down -Select Stage 3. Pilot testing: Optimal Plants and Parameters Stage 4. Preliminary Full Scale Design Report A detailed description and discussion of the project was initially presented in VEN's re- sponse to the Request for Qualifications (RFQ) delivered to the County on April 4, 2012 and in the first Statement of Work (SOW) delivered on June 1, 2016. However, due to permitting delays, budgetary considerations, and technical/scientific discussions with the County, we have modified the tasks/deliverables in the original SOW to include 1) an expansion of the project duration from six to twelve months, 2) a reduction in num- bers of LEAPSTM systems from four to one, 3) a reduction in floating aquatic plants species to be tested (Water Lettuce only) and 4) a reduction in the frequency of testing of select water chemistry parameters. We are confident these strategic changes will ultimately improve project focus and the applicability/predicative value of the collected data relative to the performance a full-scale LEAPSTm during year-long operations. The following is a summary of the revised tasks and deliverables for the project. 2 265 Stage 1. Site Selection, Preliminary Water Testing, Construction of Pilot. In Stage 1 we will work with the County to identify appropriate sites for the pilot along the NRC and to secure the permits for construction of the pilot. To date, we have al- ready made progress on this front and worked with Indian River Farms Water Control District to identify an acceptable site and to secure a letter of support for the project from an adjacent HOA community. We will collect baseline water quality data and data on suspended and settleable solids in the NRC. A detailed breakdown of the sampling schedule and test parameters is available upon request.Sample analysis costs were calculated based on comparative quotes from two laboratories that are National Environmental Laboratory Accreditation Program (NELAP) certified. Note that we have budgeted for a percentage of quality control samples (field /equipment blanks) that meets or exceeds FDEP field quality con- trol requirements (5% of samples as per DEP-SOP-001/01). The Stage 1 data will be used to guide Stage 2 and Stage 3 pilot operations and, potentially, modifications to the pilot design (eg., flow rates, incorporation of clarifier, etc). In the Stage 1 budget, we allotted funds for a small scale lamella clarifier' to allow col- lection of a sufficient amount of suspended solids to perform a robust chemical analysis on the material. (Our preliminary spectrophotometric and Imhoff cone data suggest that we will need to pump and settle several thousand gallons of water to generate sufficient dry suspended solids for chemical analyses). An additional benefit of purchasing this unit is that it can be used as a clarifier module, as required, during Stage 2/3. During Stage 1 we will purchase equipment and materials, construct the pilot system and bring electricity to the site. Based on budgetary considerations and discussions with the County, we will be using modular tanks for pilot construction; the specific construc- tion materials and costs are available on request. The general layout of a LEAPSTM test system is illustrated in Figure Al on the next page and is similar to the designs previously described in our Proposal (page 23, Figure 213). However, we will now only operate a single LEAPSTM system that contains Water Lettuce as the floating aquatic plant; as opposed to testing multiple LEAPSTM systems with different floating aquatic plant species. This modification in scope will allow us to conserve and reallocate funds to extend the project period from six months to one year. Further, it reflects the field -reality that Water Lettuce is the overwhelmingly dominant floating plant currently in the NRC. The floating aquatic plant module for the pilot LEAPSTM test system will consist of two serial 725 gallon tanks to maximize treatment area, hydraulic detention, and solids set- tling capabilities. The next module, the periphytic, ephiphytic algae reoxygenation (PEARO) system will be constructed as described in the original Proposal. The emer- gent plant module will consist of a 725 gallon tank that incorporates 3 rows of BEEMATS floating growth structures; this will allow us to evaluate three emergent spe- cies side-by-side and gives us flexibility in plant harvesting strategies. 1 The clarifier is a LYNTEK 10 gallon per minute lamella clarifier tank (60 gallon settling tank) 266 267 Adjacent to the multi -staged LEAPSTM system, we will construct a non -sloped, PEARO system with an identical flow rate (Figure Al). The value of operating an attached al- gae system in parallel with the LEAP STM system is that the County has historical expe- rience and data from operating large-scale attached algae systems. Therefore, the da- ta from the NRC PEARO system will allow comparisons of algae production and algae - based nutrient removal efficacy across sites in the county (eg., Osprey and Egret Marsh ATS® systems). Further, it will allow site -controlled, internal comparisons of wa- ter treatment efficacy between a multi -plant, multi -stage LEAPSTm and an attached al- gae platform. Although the PEARO system is an algae -based system, it has several advantages rel- ative to ATS® systems since the weir -based, non -sloped configuration is intrinsically robust and will maintain a healthy algae crop in the event that pumping is interrupted. This results in a system that is amenable to lower energy, non -continuous pumping strategies (eg, daytime pumping only), while still maintaining equivalent rates of algae growth relative to traditional sloped attached algae systems (experimentally deter- mined by VEN in side-by-side study). In addition to the materials for the construction of the pilot system itself, during Stage 1 we will have a fence and camera installed to ensure security of the site. Informative signage will be placed for safety considerations and to notify the public of the objec- tives and goals of the project (Appendix A2). Key deliverables for this stage (see Table 1) include: 1) a written confirmation that the selected pilot site is acceptable, 2) a report on the water quality and settleable solids characteristics and 3) a written report detailing the pilot site construction (pilot system, office, fence, etc) and confirmation that the pilot is operational and secured. 5 268 Stage 2. Pilot Testing: Plant Down -Select. During Stage 2, the LEAPSTM pilot will be 'seeded' with aquatic plants, operated and monitored for eight weeks. The updated configuration of the pilot system is presented in Figure Al and a detailed schematic of the LEAPSTM process modules are presented in the Proposal (page 29). The pilot will consists of one LEAPSTM treatment system with a floating aquatic plant module, (containing Water Lettuce), a downstream PEARO module and a final emergent plant module. An in-depth discussion of each treatment module is found in the Proposal. The main goal of Stage 2 is to evaluate the LEAPSTm and PEARO system and experi- mentally identify the most efficient aquatic plant combinations/strategy. As described in the Proposal, the floating aquatic plant species selected for testing was based on our survey of the available/abundant species in the NRC; since Water Lettuce is the domi- nant floating aquatic plant species it was selected as the test plant. The emergent aquatic species to be tested in Stage 2 will be finalized in consultation with Steve Bee- man of BEEMATS, LLC (consultation is free), once Stage 1 water quality is available. Since our current data indicates a low level of suspended solids in the NRC, the float- ing aquatic plant modules are configured to also function as settling units. To measure the impacts of the settled material on floating aquatic plant health and nutrient uptake dynamics, the LEAPSTM test system will use two, serial tanks (725 gallons each) for cultivation of the Water Lettuce. The hydraulic detention time of these tanks, coupled with our current Imhoff Cone settling data, suggests the first tank will capture the vast majority, if not all, of the settleable solids. Therefore, we will be able to assess the spe- cific impacts of solids on plant health and productivity in Water Lettuce and the fate and impacts of solids on the PEARO unit. The water quality and plant tissue data in Stage 2 is critical to gauging the perfor- mance of the two treatment systems and the relative contributions of specific plants/ modules in the LEAPSTM. Our testing strategy is designed to generate comparative da- ta between the parallel treatment systems, as well as between the individual modules of the LEAPSTM (see Proposal, page 29 for sampling points). The data from Stage 2 will allow us to identify and select the most effective emergent aquatic plants for Stage 3 pilot testing. Our primary selection criteria will be based on plant heath, growth, tissue composition and bioassimilation efficiency; other factors could impact plant selection, including crop management considerations (eg., harvest- ing logistics). Biomass harvested from Stage 2 operations will be transported to VEN's farm and windrow composted. Key deliverables for this stage (see Table 1) include written confirmation of pilot start- up and a formal report at the end of the stage on species, water chemistry and treat- ment performance. In addition, the Stage 2 report will detail the rationale for the spe- cies `down -select' and the configuration for the Stage 3 pilot. 6 269 Stage 3. Pilot Testing with Optimal Plants and Parameters. In Stage 3, we will se- lect the most effective emergent plants, reconfigure the LEAPST"^ and PEARO test units as needed, and conduct a 40 week nutrient removal performance test of the opti- mized systems. In the RFQ, we envisioned testing, in duplicate, LEAPSTM with two most effective float- ing and emergent plant combinations (RFQ, page 29). However, to accommodate a year-long study, and to collect data on an attached algae system, we will now be oper- ating only a single LEAPSTM, with Water Lettuce in the floating plant module, and a single PEARO system. It is important to note that our experimental set-up is flexible to accommodate the County's needs and/or changes in experimental priorities that may arise during the course of the project. For example, if we fail to identify any impacts of settled solids on the floating aquatic species in Stage 2, then the two floating aquatic plant tanks could be placed in parallel to investigate different parameters to optimize treatment performance, such as measuring the impacts of crop density/harvesting fre- quency on nutrient uptake rates. On the other hand, if Stage 2 data suggests the solids have a deleterious impact on floating aquatic plants and/or algae growth, we can place the lamella clarifier unit as a pre-treatment module (as described in Stage 1). With the optimal plants in use during Stage 3, the water quality and plant tissue data will be critical to drilling down on system parameters that maximize plant health and nutrient removal performance. As with the prior Stages, we have included sufficient field and equipment blanks to meet FDEP QA/QC laboratory guidelines. All aquatic plants/algae harvested during the Stage 3 pilot study will be composted at VEN's experimental agriculture farm and pooled with compost from the Stage 2 study, as described in the Proposal. However, due to budget constraints, the testing of ma- ture compost will limited to a single composite sample and to the tests described in the US Compost Council's Seal of Testing Assurance Program, which characterizes the compost physically, chemically and biologically. Excluded from the current budget for the compost is the comparative growth testing and the herbicide/pesticide screening. Deliverables for this stage include: One page written reports on the start-up and shut down of Stage 3, weekly email updates on crop and water quality data, and a final, comprehensive report on the overall pilot study findings (see Table Al). Stage 4. Full-scale Design Report. In Stage 4, we will develop and present our rec- ommendations for a full scale system at our contract close-out meeting with the Coun- ty; the full scale system will be to designed meet the County's target removals. The Stage 4 Report, which is the sole deliverable for this Stage, will include design flow, unit process sizing and sequencing, monitoring needs, harvest system(s), product de- velopment/value assessment, and planning level capital and operating cost estimates. 7 270 Table Al. Tasks and Deliverables 1 Site Selection, Prelim. Water Testing, Construction (� 1(a) Site Selection Written email confirmation that VEN accepts site as appropriate for pilot build. 1(b) - -Pre-Pilot Water Quality Investigations One page report on composite and grab sample data for nutrients, metals, pathogens 1(c) _ - v Pre -Pilot Settling Studies — One page report on concentration and chemi- cal composition of settable solids 1(d) - Procurement and Construction One page Report with photos confirming pilot constructed, operational, and secured `- 2 -� Stage 2 Pilot Testing: Plant Down - Select 2(a) Aquatic Plant Introduction/ Pilot Start One page report describing collection and ' addition of plants and confirming pilot start 2(b) Pilot performance/Crop and Water Weekly email update on pilot status and Quality analysis of water and tissue samples-, collated data delivered in Task 2c report 2(c) Report / Presentation Comprehensive report on species, water chemistry, treatment performance, and species down -selection. 3 - Stage 3 Pilot Testing: Optimal Plants and Parameters - 3(a) - —� Pilot Reconfigure/Start-- -- One page report, with photos, on pilot configration, plant introduction -clarifier installation (option) i 3(b) Performance Monitoring J — Weekly email updates on crop/ water q- uality 3(c) Pilot Shut Down and Disassembly One page report, with photos, on final weighing of crop, removal of materials/ I equipment and site restoration 3(d) Report/Presentation to County Comprehensive report and presentation summarizing the overall pilot study findings Full Scale Design -m. -----4---------- 4(a) - --------_- Full Scale Design Report ------ ----------� 11 Comprehensive report on large scale system: Layout, design Flows, effluent projections, load reductions, harvest and processing plans 271 3. Schedule and Timeline: The schedule and timeline is illustrated in Figure A2 below. Note that days are given as calendar, rather than work days and the start date is speculative as it will ulti- mately be determined by factors outside of VEN's immediate control. Indeed, we have already experienced delays related to preliminary site selection and permit- ting. As per County requirements, the Pilot Study duration is 12 months (365 days); with an additional 2 months to complete final reports and to finalize full-scale designs. Figure A2. Project Timeline bb la. Site Selection Li 4jlr'2G16 `�/7i2G16 lb. Water quality 9,11/2016 9/14/2016 lc. Settling Studies 9/1,12016 9/14/2016 ld. Procure and Construct * 911012016 101/ 15jN116 2a. Plant Add/Pilot start i0j15!<'016liil/2015 2b. Pilot Performance Monitoring 11/1/2016 1/1/2017 eV 2c. Report and Pres. 12,'15/016 - 12/30/2016 h _ 3a. Plant downselect,clarifier w y 1/1/201 1181201) F� :, for Moniloria 1, 1, 20, ;1 :017 ,f 3d. Pilot Stop, Disassemble, 911!2017 9/8;2017 3e. Data Analysis and Report: 9!8/2017-10/8,120F C 7 4a. Preliminary Full Scale Design and Report 10/8'2017 - 11/�,,,G 17 Day 1 63 125 187 249 311 373 2017 4; 1r101t 1/i%2017 0!1!2017 Project Start Plant Downselect Pilot Field Optimized Pilot Field Operations End 1/x/ 017 l Pilot Field Operations Start Operation Start Prelim. Full Sale Design 9 272 Projects Risks: There exist a number of scientific, budgetary and schedule -related `risks' associated with the project. As a result, VEN recognizes that an adaptive and flexible technical and management approach is required. In the event that a major risk is realized, we will notify the County immediately and provide a clear and honest assessment of the impacts on the project. In the case that less severe risks are realized, we will notify the County and identify acceptable work-arounds to meet project deliverables and sched- ules. We recognize several obvious, inherent risks to the overall project, including: Risk 1: Site access is regulated by a third party, potentially causing schedule de- lays and unexpected costs: Site access is regulated by the Indian River Farms Wa- ter Control District (IRFWCD) and, as a result, the project schedule can be negatively impacted by delays in site selection. From a budgetary perspective the location of the pilot site poses a risk as it could cause VEN to incur unexpected costs, particularly if we are not granted access to an area that is near to an electrical supply. Mitigation 1: The main mitigation steps include: A) VEN-County agreement that the schedule for deliverables will be adjusted in the event of a long delay in site selection and an understanding that this would result in stage 2 pilot operations occurring pri- marily in fall/winter (lower growth and nutrient uptake rates) and B) a reallocation of funds and reduction in project scope to cover higher than expected electrical costs or costs incurred to install off -the -grid power (solar) to run the pilot. Risk 2: Pilot damage and project delays due to extreme weather events such as tropical storms and hurricanes. Assuming a year-long operation, we will be operat- ing during hurricane season. It is quite likely that we will experience periods of high winds and heavy rains during this period that have the potential to damage the site or interrupt pilot operations. Mitigation 2: The main mitigation steps include: A) have a concise hurricane response plan in place to respond to impending events and remove/secure all items that may be susceptible to damage and B) install overflow valves on tanks to prevent overflowing and loss of crops. Risk 3: Vandalism and/or theft at the pilot site. The areas under consideration for the pilot site are near to housing developments and are likely susceptible to incidents of vandalism and theft. Damage caused by vandalism and theft have been frequently observed by VEN team members at similar pilot facilities. Mitigation 2: The main mitigation steps are provided for in our budget and include in- stalling a fence and security camera. Additional mitigation steps will include notifying the local police and the sheriffs department as to the location of the facility. In addition to these broad risks that could impact the overall project, we also have identified some task -specific risks, as summarized in Table A2. 10 273 Table A2. Stage Specific Risks and Mitigation Coordinate with IRFWCD to suspend pump- Herbicides/Toxins/Heavy ing during heavy periods of herbicide spray - Metals in water impact sys- ing tem, biomass quality. Evaluate pre-settling/clarifiers, filtration meth- ods and/or chemical precipitation to remove toxins 1. Site selection, Increase hydraulic detention times in floating preliminary wa- Suspended solids difficult to plant modules; modify tanks with weirs to as- ter testing, con- settle; lack of settled material sist with settling struction of pilot for analysis Install clarifier prior to floating aquatic plant module. Re -allocate funds to provide renewable power Available sites distant from (solar) to power pilot. electrical connections; Unex- pected construction diffi- Reduce number of parallel test systems to culties/costs three; allocate funds to cover increased costs site 11 274 Analyze tissues to identify micronutrient defi- ciencies, adjust module order/species as re - Poor growth/health of aquatic quired. plants in modules across pilot Remove impacted modules, evaluate reduced 2. Pilot Testing module treatment system Stage 2 Floating plants exhibit differ- Y P If health is deleterious) impacted b settled Y ential health between serial solids, pre -settle solids with lamella clarifier tanks (eg., plant health better/ If plant health is improved by nutrients in sol - worse in tank with settled sol- ids, re -plumb so both floating plant tanks re - ids) ceive water in parallel (not in serial) 'Optimal' plants show season- Supplement plants in impacted modules with va al variability in health and nu - al different species; conduct 'mixed' community removal triexperiments 3. Pilot Testing Stage 3:Optimal Modules show low/no nutrient Remove or reorder modules removal plants Unexpected module specific water chemistry impacts (eg., Re -order, remove or reconfigure modules effluent from emergent mod- ule is very low DO) 11 274 4. Budget The total cost for the project is $148,935. A budget, broken down by subtask, is pre- sented below in Table A3. A more highly detailed, line item budget is available on re- quest. Further information regarding how costs were calculated can be provided on request (eg., quotes, comparative pricing of water tanks, lab testing services, etc). Table A3. Subtask Level Budget Sub- task Description Lab Labor Equipment Materials Rentals Subcon- tracts TOTAL 1(a) Site Selection $0 $860 $0 $0 $860 1(b) Pre -Pilot WQ $1,572 $1,235 $7,805 $0 $10,612 1(c) Pre -Pilot Settling Study $260 $870 $700 $0 $1,830 1 (d) Procurement and Construction $0 $3,430 $15,050 $4,000 $22,480 2(a) Aquatic Plant Introduction/Start-Up $0 $1,050 $500 $0 $1,550 2(b) Stage 2 Pilot Performance Crop and WQ $6,510 $5,290 $500 $0 $12,300 2(c) Report and Presentation $0 $6,400 $200 $0 $6,600 3(a) Pilot Reconfigure and Start -Up $0 $780 $200 $0 $980 3(b) Stage 3 Performance Monitoring $21,263 $30,450 $1,500 $0 $53,213 3(c) I Pilot Shut -Down and Demolition $0 $1,590 $600 $0 $2,190 3(d) Final Report and Presentation $525 $16,785 $1,500 $0 $18,810 4(a) Preliminary Engneering $0 $17,310 $200 $0 $17,510 TOTALS $30,130 $86,050 $28,755 $4,000 $148,935 12 275 S. Client (County) Responsibilities: For VEN to meet timelines and to complete deliverables on schedule and within budg- et, the county will have to fulfill certain obligations and responsibilities, these include: 1) Liaise with Indian River Farms Water Control District Personnel to provide VEN a site on the `right of way' adjacent to the North Relief Canal. 2) Identify and secure a pilot study site that is within a reasonable distance to an elec- tricity source. If this is not possible, the county and VEN will need to work together to change the project scope and reallocate funds to either cover the funds required to provide for a `longer distance' electrical service or to adapt the pilot unit to a re- newable power source (eg., solar with battery). 3) Agree that the deliverables and schedule will be adjusted to accommodate any de- lays in site selection. 13 276 7. Approvals: I have read the above Scope of Work and will abide by its terms and conditions. Van Ert, Nemoto and Associates, LLC (`VEN') Name: Matthew Van Ert, Ph.D Title: President Signature: Date: 14 Name: Title: Signature: Date: Indian River County 277 INDIAN RIVER COUNTY, FLORIDA PUBLIC WORKS DEPARTMENT - TRAFFIC ENGINEERING DIVISION INTER -OFFICE MEMORANDUM TO: Jason E. Brown County Administrator THROUGH: Richard B. Szpyrka, P.E� Public Works Director FROM: Kimberly Graham, P1 County Traffic Engi ' eq, SUBJECT: Florida Department of Transportation Traffic Signal Maintenance and Compensation Agreement Revised Terms and Conditions DATE: August 2, 2016 DESCRIPTION AND CONDITIONS On May 19, 2015, the BCC approved a Traffic Signal Maintenance and Compensation Agreement (Agreement) between the Florida Department of Transportation (FDOT) and Indian River County (County). The purpose of the Agreement was to define maintenance, performance measures, and funding responsibilities. At the request of the maintaining agencies, the FDOT evaluated and revised various aspects of the Agreement. The following is a brief outline of the modifications to the Agreement: • Modified Responsibility for Pursuing 3rd Party Damage from the County to FDOT • Changed Responsibility for Periodic Mast Arm Maintenance from the County to FDOT • Simplified Language for Penalties and Retainage • Increased Time to Repair Critical Detectors to 90 Days • Decreased Inspection to 50% of Traffic Signals Every Year • Added Force Majeure Clause In Fiscal Year 2016/2017, the County's funding will increase to $309,704. In subsequent years, the funding will be based on increases in the Consumer Price Index (CPI). If the CPI is negative, there shall be no reduction from the previous year's compensation. ANA .BC( AGENDA IT ENIS,AGENDA ITEMS 201 -016 Al GI SI ?u U. - AGENDA (FENT SIGNAL 11 AIN I AND( OAT PEN SATION - REVISED TERMS AND CONDI IION S DOC 278 ANALYSIS The County Traffic Engineering Division is responsible for the maintenance and operations of traffic control devices and associated equipment throughout the County, including approximately 80 traffic signals on FDOT roadways. Through the existing Agreement, FDOT funds a portion of the maintenance costs on state roadways. The revised Agreement modifies specific responsibilities and simplifies the Agreement language. The Agreement is a standard agreement the County has entered into in the past with FDOT. FUNDING There is no funding impact generated by this project. RECOMMENDATION Staff recommends the Board of County Commissioners approve the attached Florida Department of Transportation Revised Terms and Conditions for Maintenance and Compensation Agreement, Attachment 1, and adopt the attached resolution authorizing the Chairman to sign the Agreement. ATTACHMENT Five (5) Copies of the Florida Department of Transportation Revised Terms and Conditions for Maintenance and Compensation Agreement, Attachment 1 and Exhibits A, B, and C and Resolution. APPROVED AGENDA ITEM BY: Jason EJ Brolmn, County Administrator FOR: August 16, 2016 Indian River Coung Agp&4ed Date Administration 0 Budget � It -1 Legal /6 Public Works lratfic Engineering � V M F TR 4FFI(`%l k% A B(( AGENDA IT FVIS HEMS '_ul2-_UICAUGUSI 2014 - AGENDA I1EV1 -SIGN VL M AP T AND COMPENSATION -REV ISED TERVIS "ND( ONDII IONS DO( 279 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AMENDMENT TO THE TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT CONTRACT NO. FINANCIAL PROJECT NO. F.E.I.D. NO. AMENDMENT NO. THIS AMENDMENT TO THE TRAFFIC SIGNAL AND MAINTENANCE AGREEMENT ("Amendment") is made and entered into on this [enter date] day of [enter month] [enter year], by and between the STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION ("Department"), an agency of the State of Florida, and (enter name of Maintaining Agency), ("Maintaining Agency'). RECITALS WHEREAS, the Department and the Maintaining Agency on [enter date] entered into a Traffic Signal Maintenance and Compensation Agreement ("Agreement"). WHEREAS, the Parties have agreed to modify the Agreement on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the mutual covenants in this Amendment, the Agreement is amended as follows: All the terms and conditions of the Agreement are superseded and replaced in their entirety by the terms and conditions contained in Attachment 1", Revised Terms and Conditions for the Traffic Signal Maintenance and Compensation Agreement, attached to and incorporated into this Amendment. IN WITNESS WHEREOF, the undersigned parties have executed this Amendment on the day, month and year set forth above. (Maintaining Agency) By (Authorized Signature) Print/Type Name: Title Attorney: Date: Florida STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By (Authorized Signature) Print/Type Name: Title: Legal Review: 280 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22 ATTACHMENT 1 TRAFFIC OPERATIONS REVISED TERMS AND CONDITIONS FOR THE 06/16 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT Page 1 of 6 CONTRACT NO. FINANCIAL PROJECT NO F.E.I.D. NO. The following terms and conditions replace and supersede all the existing terms and conditions contained within the Traffic Signal and Maintenance Agreement: A. The Department is authorized under Section 335.055, Florida Statutes, to enter into this Agreement. The Maintaining Agency is authorized under to enter into this Agreement and has authorized its undersigned representative to enter into and execute this Agreement on behalf of the Maintaining Agency. NOW, THEREFORE, in consideration of the mutual covenants contained in the Agreement, the sufficiency of which is acknowledged, the parties mutually agree and covenant as follows: The Maintaining Agency shall be responsible for the maintenance and continuous operation of the traffic signals, interconnected and monitored traffic signals (IMTS) (defined as signals that are interconnected with telecommunications and are monitored at a central location), traffic signal systems (defined as central computer, cameras, message signs, communications devices, interconnect / network, vehicle, bicycle & pedestrian detection devices, traffic signal hardware and software, preemption devices, and uninterruptible power supplies ("UPS")), control devices (defined as intersection control beacons, traffic warning beacons, illuminated street name signs, pedestrian flashing beacons (i.e., school zone flashing beacons, pedestrian crossing beacons, and Rectangular Rapid Flashing Beacons)), and emergency/fire department signals and speed activated warning displays ("Project"). The Maintaining Agency shall be responsible for the payment of electricity and electrical charges incurred in connection with operation of such traffic signals and signal systems and devices upon completion of installation of each signal or device. All traffic signals and control devices mentioned in this paragraph are referred to in this Agreement as ("Traffic Signals and Devices"). The Department agrees to pay the Maintaining Agency an annual compensation amount based on the Department's fiscal year. The compensation amount consists of the cost of the maintenance and continuous operation of the Traffic Signals and Devices as identified in Exhibit A, which is attached and incorporated into this Agreement. Compensation will also be made for costs incurred for the repair and/or replacement of damaged Traffic Signals and Devices as identified in Exhibit C, attached and incorporated into this Agreement. Payments by the Department will be made in accordance with Exhibit B. In the case of construction contracts, the Maintaining Agency shall be responsible for the payment of electricity and electrical charges incurred in connection with the operation of the Traffic Signals and Devices, and shall undertake the maintenance and continuous operation of these Traffic Signals and Devices upon final acceptance of the installation by the Department. Prior to any final acceptance of the installation by the Department, the Maintaining Agency will have the opportunity to inspect and request modifications or corrections to the installation(s) and the Department agrees to undertake those modifications or corrections prior to final acceptance so long as the modifications or corrections comply with the Agreement, signal plans, and specifications previously approved by both the Department and Maintaining Agency. Repair or replacement and other responsibilities of the installation contractor and the Department, during construction, are contained in the Department's Standard Specifications for Road and Bridge Construction. 3. If Traffic Signals and Devices are damaged and the Maintaining Agency did not cause the damages, then the Department shall reimburse the Maintaining Agency for the actual costs incurred by the Maintaining Agency for repairs and/or replacement of Traffic Signals and Devices, once the following occurs: a. The Department has approved a properly completed invoice for reimbursement that was provided to the Department outlining the details of the requested reimbursements, and b. Evidence of the costs incurred were included as an attachment to the invoice. Exhibit C sets forth additional conditions that apply when the Maintaining Agency seeks to obtain reimbursement for costs incurred for repair and/or replacement of damaged Traffic Signals and Devices. Exhibit C also serves as a form invoice that can be used by the Maintaining Agency. The Maintaining Agency shall obtain written approval from the Department regarding the appropriate method of repair and/or replacement of damaged Traffic Signals and Devices prior to performing repair and/or replacement work. If there is an immediate risk to public safety due to damaged Traffic Signals and Devices and the Maintaining Agency is unable to immediately obtain the Department's written approval regarding the method of repair and/or replacement, then the Maintaining Agency shall immediately repair and/or replace the Traffic Signals and Devices. The Maintaining Agency shall notify the Department within thirty (30) calendar days of becoming aware of any damage to Traffic Signals and Devices caused by third parties. The Department shall be responsible for pursuing reimbursement from individuals and/or the third parties who cause damages and are liable for replacement and/or repair costs to Traffic Signals and Devices. If the Maintaining Agency causes damages to the Traffic Signals and Devices, then the Maintaining Agency shall repair and/or replace the Traffic Signals 281 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22 ATTACHMENT 1 TRAFFIC OPERATIONS REVISED TERMS AND CONDITIONS FOR THE 06/16 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT Page 2 of 6 and Devices, and the Maintaining Agency shall be fully responsible for the cost of repair and/or replacement to the extent the damages were caused by the Maintaining Agency. 4. The Maintaining Agency shall maintain and operate the Traffic Signals and Devices in a manner that will ensure safe and efficient movement of highway traffic and that is consistent with maintenance practices prescribed by the International Municipal Signal Association (IMSA) and operational requirements of the Manual on Uniform Traffic Control Devices (MUTCD), as amended. 5. The Maintaining Agency's maintenance responsibilities include, but are not limited to, locates, preventive maintenance (periodic inspection, service, and routine repairs), restoration of services, and emergency maintenance (troubleshooting in the event of equipment malfunction, failure, or damage). Restoration of services may include temporary poles and/or signals, stop signs or other methods to maintain traffic. The Maintaining Agency shall record its maintenance activities in a traffic signal maintenance log, as they occur, and include this as part of the annual report, highlighting the time it took to restore the normal service and number of times such events occurred. 6. Neither the Maintaining Agency nor the Department shall be liable to the other for any failure to perform under this Agreement to the extent such performance is prevented by a Force Majeure Event and provided that the party claiming the excuse from performance has (a) promptly notified the other party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible. A "Force Majeure Event" means the occurrence of: (a) an act of war, hostilities, invasion, act of foreign enemies, riot, terrorism or civil disorder; (b) act of God (such as, but not limited to, fires, explosions, earthquakes, drought, hurricanes, storms, lightning, tornados, tidal waves, floods, extreme weather or environmental conditions, and other natural calamities); (c) or another event beyond the control of the non-performing party and which could not have been avoided or overcome by the exercise of due diligence. The Department intends to conduct a structural inspection of the mast arm structures every sixty (60) months. The inspection report will serve as ninety (90) days notification to the Maintaining Agency that deficiencies exist that require preventive maintenance. Preventive maintenance of the mast arm structures includes, but is not limited to, spot painting, cleaning, all wiring repair and replacement, graffiti removal, all signal related issues (including lighting, signs and connections), tightening of nuts, replacing missing or deficient bolts, replacement of missing cap covers or equivalent, replacement of missing or deficient access hole cover plates, repairing improper grounding, and repainting any painted mast arms installed after April 30, 2015. If the preventive maintenance is not carried out after the expiration of the 90 -day notice given to the Maintaining Agency, the Department shall withhold 8.33% up to a maximum of 25% of the total annual compensation amount under this Agreement for the affected signal locations each month. 8. Any and all work performed by the Maintaining Agency must conform to the current Department Standard Specifications for Road and Bridge Construction as applicable. Mast arms that the Department determines to be at the end of their useful life cycle will be replaced by the Department so long as documented preventive maintenance was satisfactorily performed by the Maintaining Agency. In the case of a total paint failure, as determined by the Department, on a mast arm installed prior to April 30, 2015, the Department may repaint or replace with a galvanized mast arm. The aforementioned requirement does not apply to any mast arm that was installed under a separate mast arm paint finish agreement, in such case, the terms of that agreement shall govern. 9. The Maintaining Agency may remove any component of the installed equipment for repair or testing; however, it shall only make permanent modifications or equipment replacements and only if the equipment provided is capable of performing at minimum the same functions as the equipment being replaced. The Department shall not make any modifications or equipment replacements without prior written notice to and consultation with the Maintaining Agency. 10. The Maintaining Agency shall implement and maintain the timing and phasing of the traffic signals in accordance with the Department's timing and phasing plans, specifications, special provisions, Department re -timing projects, and the Department's Traffic Engineering Manual. The Maintaining Agency shall obtain prior written approval from the Department for any modification in phasing of signals and flash times (where applicable). Signal Systems timings (cycle length, split, offsets) are considered operational changes and may be changed by the Maintaining Agency to accommodate changing needs of traffic. The Maintaining Agency may make changes in the signal timing provided these changes are made under the direction of a qualified Professional Engineer registered in the State of Florida. The Maintaining Agency shall make available a copy of the timings to the Department upon request. The Department reserves the right to examine equipment, timing and phasing at any time and, after consultation with the Maintaining Agency, may specify modifications. If the Department specifies modification in timing or phasing, implementation of such modifications will be coordinated with, or made by, the Maintaining Agency. All signal timing and phasing records shall be retained by the Maintaining Agency for at least three (3) years, and will be made available to the Department upon request. 282 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22 ATTACHMENT 1 TRAFFIC OPERATIONS REVISED TERMS AND CONDITIONS FOR THE 06/16 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT Page 3 of 6 11. The Maintaining Agency shall note in the maintenance log any changes in timings and phasings, and keep a copy of the timings and phasings, and any approval documentation in a file. A copy of the log shall be provided to the Department upon request. Maintaining Agencies may provide this information electronically. 12. The Maintaining Agency and the Department shall update Exhibit A on an annual basis through an amendment of this Agreement. The Maintaining Agency designates as its authorized representative(s), who is delegated the authority to execute any and all amendments to Exhibit A of this Agreement on behalf of the Maintaining Agency. Exhibit A will contain all Traffic Signals and Devices on the State Highway System which are within the jurisdiction of the Maintaining Agency, those that are maintained by the Maintaining Agency. No changes or modifications may be made to Exhibit A during the Department's fiscal year for compensation. New Traffic Signals and Devices added by the Department during its fiscal year through an amendment to Exhibit A must be maintained and operated by the Maintaining Agency upon the Department's final acceptance. The Maintaining Agency and the Department shall amend Exhibit A preceding each Department's fiscal year, which will include all new Department Traffic Signals and Devices added during the Department's previous fiscal year and delete those removed. The Maintaining Agency will begin receiving compensation for new Traffic Signals and Devices in the Department's fiscal year after the Traffic Signals and Devices are installed and final acceptance is given by the Department. In the event that no change has been made to the previous year's Exhibit A, a certification from the Maintaining Agency shall be provided to the Department certifying that no change has been made to Exhibit A in the Department's previous fiscal year. The annual compensation will be a lump sum payment (minus any retainage or forfeiture) as set forth in Exhibit B. Future payments will be based on the information provided in Exhibit A, in accordance with the provisions as set forth in Exhibit B, attached to and incorporated in this Agreement. 13. Payment will be made in accordance with Section 215.422, Florida Statutes. 14. There shall be no reimbursement for travel expenses under this Agreement. 15. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. 16. The Maintaining Agency should be aware of the following time frames. Inspection and approval of goods or services shall take no longer than twenty (20) working days. The Department has twenty (20) days to deliver a request for payment (voucher) to the Department of Financial Services. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. 17. If a payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Maintaining Agency. Interest penalties of less than one (1) dollar will not be enforced unless the Maintaining Agency requests payment. Invoices returned to a Maintaining Agency because of Maintaining Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. 18, A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for contractors or vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. 19. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five (5) years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Maintaining Agency's general accounting records and the Project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the Project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. 20. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Maintaining Agency owing such amount if, upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. 21. The Maintaining Agency must submit the final invoice on the Project to the Department within 120 days after termination of the Agreement. Invoices submitted after the 120 -day time period may not be paid. 22. In the event this contract is for services in excess of $25,000.00 and a term for a period of more than one (1) year, the provisions of Section 339.135(6)(a), F. S., are hereby incorporated: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for 283 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22 ATTACHMENT 1 TRAFFIC REVISED TERMS AND CONDITIONS FOR THE OPERATIONS osil s TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT Page 4cf6 expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that such funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000.00 and which have a term for a period of more than 1 year." 23. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit B for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Maintaining Agency, in writing, when funds are available. 24. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed 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 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, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 25. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 26. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non -responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Maintaining Agency. 27. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. 28. No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or a state agency. 29. The Maintaining Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. 30. The Maintaining Agency may be subject to inspections of Traffic Signals and Devices by the Department. Such findings will be shared with the Maintaining Agency and will be the basis of all decisions regarding payment reduction, reworking, Agreement termination, or renewal. If at any time the Maintaining Agency has not performed the maintenance responsibility on the locations specified in the Exhibit A, the Department has the option of (a) notifying the Maintaining Agency of the deficiency with a requirement that it be corrected within a specified time, otherwise the Department shall deduct payment, suspend funds, or terminate funds for any deficient maintenance of Traffic Signals and Devices that has not been corrected at the end of such time, or (b) take whatever action is deemed appropriate by the Department. Any deduction in payment, suspension of funds, or termination of funds does not relieve any obligation of the Maintaining Agency under the terms and conditions of this Agreement. 31. The Department shall monitor the performance of the Maintaining Agency in the fulfillment of its responsibilities under the Agreement. The Maintaining Agency shall submit an annual Report prior to June 30 of each year detailing the following: Critical Detection device malfunctions: Critical Detection devices include the detectors on side -streets and in left turn lanes on the main streets, and all pedestrian/bicycle detectors. Repairs to the side -street and main street left turn detectors shall be made within ninety (90) days and pedestrian detectors within seventy-two (72) hours of discovery. The Maintaining Agency shall ensure that 90% of all Critical Detection devices system wide are operating at all times. At any time the level drops below 90%, the Maintaining Agency shall notify the Department and correct the situation within a time frame determined in the sole discretion of the Department. Discovery and correction dates for Critical Detection device malfunction shall be logged into the annual report. If the repairs cannot be performed within stipulated times, the agency shall document the reason(s) why in the annual report. When the 90% Critical Detection device 284 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22 ATTACHMENT 1 TRAFFIC REVISED TERMS AND CONDITIONS FOR THE OPERATIONS osns TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT Page 5cf6 requirement is (are) not met, a 10% retainage of the total annual compensation amount (as shown in Exhibit B) for the affected Critical Detection device location(s) each month will be withheld after the 90 -day period. b. Traffic signal preventive maintenance inspections: Traffic signals shall receive a comprehensive preventive maintenance inspection on at least 50% of all traffic signals annually, alternating the remaining 50% the following year. Preventive maintenance inspection shall include verification that all detection is working, the traffic signal is cycling properly, the ventilation system is functioning and filters are clean. Basic traffic cabinet maintenance shall also verify power feed voltages, verify that the vehicle and pedestrian indications are functioning properly, test the effective functioning of pedestrian push buttons, and check hinges and door locks. At least one (1) conflict monitor test shall be performed on 50% of traffic signals annually, alternating the remaining 50% the following year. Each test is to be documented and included in the annual report to the Department. The inspection report shall note the location, date of inspection, and any items noted. If 50% of the traffic signals do not receive at least one (1) comprehensive preventive maintenance inspection during a twelve (12) month period, there shall be a 20% retainage of the annual compensation amount for the affected traffic signal locations until the preventive maintenance inspection is made. If not performed within the state's fiscal year, the 20% retainage of the annual compensation amount for the affected traffic signal locations will be forfeited. c. For any traffic signals that are interconnected with telecommunications and their real-time operation is electronically monitored via software by personnel at a central location and are therefore receiving the higher compensation amount as described in Exhibit B, the name(s) and title(s) of those monitoring those intersections, and the location of the central monitoring facility(ies), are to be documented and contained in the annual report submitted to the Department. 32. The Maintaining Agency may enter into agreements with other parties pertaining to Traffic Signals and Devices including, but not limited to, agreements relating to costs and expenses incurred in connection with the operation of Traffic Signals and Devices on the State Highway System, provided that such Agreements are consistent with the mutual covenants contained in this Agreement. The Maintaining Agency shall furnish a copy of such agreements to the Department. 33. This Agreement may not be assigned or transferred by the Maintaining Agency in whole or in part without prior written consent of the Department. 34. The Maintaining Agency shall allow public access to all documents, papers, letters, or other material subject to provisions of Chapter 119, Florida Statutes, and made or received by the Maintaining Agency in conjunction with this Agreement. Failure by the Maintaining Agency to grant such public access will be grounds for immediate unilateral cancellation of this Agreement. 35. At no additional cost to the Department, the Maintaining Agency shall provide the Department access to all traffic signal data available from the firmware of the traffic signal controllers and other devices covered under this Agreement. The Maintaining Agency shall include the Department as a party to all traffic signal firmware/software related agreements that the Maintaining Agency enters into with other parties. 36. This Agreement is governed by and construed in accordance with the laws of the State of Florida. The invalidity or unenforceability of any portion of this Agreement does not affect the remaining provisions and portions hereof. Any failure to enforce or election on the part of the Department to not enforce any provision of this Agreement does not constitute a waiver of any rights of the Department to enforce its remedies hereunder or at law or in equity. 37. In no event shall the making by the Department of any payment to the Maintaining Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Maintaining Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 38. The term of this Agreement is twenty (20) years from the date of execution of the Agreement, provided that either party may cancel this Agreement prior to the expiration of the term of this Agreement. A minimum notice period of two (2) years plus the remaining months of the Department's fiscal year shall be provided to the other party in writing. Should the Maintaining Agency provide its written notice of cancellation to the Department, the notice shall be endorsed by the elected body (County Commission, City Council, or local agency governing body) under which the Agency operates. 39. Any Project funds made available by the Department which are determined by the Department to have been expended in violation of this Agreement or any other applicable law or regulation shall be promptly refunded in full to the Department. Acceptance by the Department of any documentation or certifications, mandatory or otherwise permitted, that the Maintaining Agency files shall not constitute a waiver of the Department's rights and Department has the right to verify all information at a later date by audit or investigation Within thirty (30) days of the termination of this Agreement, the Maintaining Agency shall refund to the Department any balance of unobligated funds which were advanced or paid to the Maintaining Agency. In the event 285 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22 ATTACHMENT 1 TRAFFIC REVISED TERMS AND CONDITIONS FOR THE OPERATIONS 06/16 TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT Page 6of6 the Maintaining Agency fails to perform or honor the requirements and provisions this Agreement, the Maintaining Agency shall return funds in accordance with this paragraph within thirty (30) days of termination of the Agreement. 40. Upon execution, this Agreement cancels and supersedes any and all prior Traffic Signal Maintenance Agreement(s) between the parties, except any specific separate Agreements covering painted mast arm maintenance or any other aspect related to the painting of mast arms. 41. The Department reserves the right to remove select critical corridors or critical intersections from the Maintaining Agency's obligation under this Agreement. The remaining intersections and corridors would continue to be covered under this Agreement. The Department will provide a minimum of one year notice prior to take-over of maintenance of critical corridors or critical intersections. 42. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. 43. The Department agrees that the Maintaining Agency must comply with State law regarding appropriations and budgets. This Agreement shall not be interpreted to conflict with State law applicable to the Maintaining Agency. 44. The Maintaining Agency shall: a. utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Maintaining Agency during the term of the Agreement; and b. expressly require any contractors and subcontractors performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Agreement term. 45. Unless authorized by law and agreed to in writing by the Department, the Department will not be liable to pay attorney fees, interest, or cost of collection. 46. The Parties agree to comply with s.20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with s.20.055(5), Florida Statutes. 47. Exhibits A, B, and C are attached and incorporated into this Agreement. 48. This Agreement contains all the terms and conditions agreed upon by the parties. 286 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTACHMENT REVISED TERMS AND CONDITIONS FOR THE TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT Reimbursement for Maintenance and Operation for Maintaining Traffic Signals and Devices for FY Date: from to Exhibit A saola-22 TRAFFIC OPERATIONS O6/16 Exhibit A Page 1 0( 1 Intersection Traffic Traffic Signal - Intersection Pedestrian Emergency Speed Activated Traffic Travel Uninterruptible Compensation Location Signals Interconnected Control Flashing Fire Dept. Warning Display Warning Time Power Supplies Amount (using (TS) & monitored Beacon Beacon Signal (SAWD) or Blank Beacon (TWB) Detector (UPS) Unit Rates from (IMTS) (ICB) (PFB) (FDS) Out Sign (BOS) Exhibit B) Total Lump Sum Amount* *Amount paid shall be the Total bump Sutra (minus arrp retainage orforfeiture). I certify that the above Traffic Signals and Devices will be maintained and operated in accordance with the requirements of the Traffic Signal Maintenance and Compensation Agreement. For satisfactory completion of all services detailed in this Agreement for this time period, the Department will pay the Maintaining Agency a Total Lump Sum (minus any retainage or forfeiture) of $ Maintaining Agency Date District Traffic Operations Engineer Date 287 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22 ATTACHMENT 1 TRAFFIC REVISED TERMS AND CONDITIONS FOR THE TRAFFIC SIGNAL OPERATIONS 06/16 MAINTENANCE AND COMPENSATION AGREEMENT Exhibit a Page Iof2 EXHIBIT B TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT 1.0 PURPOSE This exhibit defines the method and limits of compensation to be made to the Maintaining Agency for the services described in this Agreement and in Exhibit A and method by which payments will be made. 2.0 COMPENSATION FOR MAINTENANCE AND OPERATION For the satisfactory completion of all services related to maintenance and operation detailed in this Agreement and Exhibit A of this Agreement, the Department will pay the Maintaining Agency the Total Lump Sum (minus any retainage or forfeiture) in Exhibit A. The Maintaining Agency will receive one lump sum payment (minus any retainage or forfeiture) at the end of each fiscal year for satisfactory completion of service. Beginning in the fiscal year 2016-17, for traffic signals that are not interconnected with telecommunications and are not monitored at a central location, the compensation amount shall be $3,131. The compensation amount for traffic signals that are interconnected with telecommunications and are monitored at a central location shall be $4,500 per signal location. These differential compensation amounts shall be in effect beginning July 1, 2016. The Table below shows the compensation amount for the various devices for fiscal years 2015-16 and 2016-17, and beyond. Total Lump Sum (minus any retainage or forfeiture) Amount for each fiscal year is calculated by adding all of the individual intersection amounts. Pedestrian Flashing Beacon: includes school zone beacons, pedestrian crossing beacons, and rectangular rapid flashing beacons (RRFB). School zones, crosswalks and warning sign locations shall be paid at a unit rate regardless of the number of individual beacons or poles. Unit Compensation Rates per Intersection on the State Highway System vv— pensaLlon pro-taLa uaseu on Irnersecuon approaches or legs on State Highway System. Based on the Consumer Price Index (CPI), the Unit Rate for the following fiscal year will be adjusted accordingly, unless otherwise specified in an amendment to this Agreement. However, if CPI is negative, there shall be no reduction from the previous year's compensation. 3.0 COMPENSATION FOR REPAIR AND/OR REPLACEMENT OF DAMAGED TRAFFIC SIGNALS AND DEVICES For the satisfactory completion of all services related to repair and/or replacement of damaged Traffic Signals and Devices detailed in this Agreement, the Department will pay the Maintaining Agency a Lump Sum amount of the actual costs incurred for the replacement and/or repair of the damaged Traffic Signals and Devices as set forth in the invoice submitted to the Department. The invoice for the costs incurred for the replacement and/or repair of 288 Speed Activate d Traffic Signal Warning Traffic Intersecti Pedestria Emergen Display Warni Interconnect on n cy Fire (SAWD) ng Travel Uninterrupti Traffic ed & Control Flashing Dept. or Blank Beaco Time ble Power Signal monitored Beacon Beacon Signal Out Sign n Detect Supplies FY s (TS) (IMTS) (ICB) (PFB) (FDS) (BOS) (TWB) or (UPS) 2014- $ 15* 2,951 $738 $295 $738 $148 $148 2015-16 3,040 760 608 1,064 304 304 2016-17 3,131 1 4,500 783 626 1 1,096 313 313 100 100 2017-18 Based on the Consumer Price Index (CPI), the 2016-17 compensation amounts will be revised upwards. 2018-19 Based on the CPI, the 2017-18 compensation amounts will be revised upwards. 2019-20 Based on the CPI, the 2018-19 compensation amounts will be revised upwards. vv— pensaLlon pro-taLa uaseu on Irnersecuon approaches or legs on State Highway System. Based on the Consumer Price Index (CPI), the Unit Rate for the following fiscal year will be adjusted accordingly, unless otherwise specified in an amendment to this Agreement. However, if CPI is negative, there shall be no reduction from the previous year's compensation. 3.0 COMPENSATION FOR REPAIR AND/OR REPLACEMENT OF DAMAGED TRAFFIC SIGNALS AND DEVICES For the satisfactory completion of all services related to repair and/or replacement of damaged Traffic Signals and Devices detailed in this Agreement, the Department will pay the Maintaining Agency a Lump Sum amount of the actual costs incurred for the replacement and/or repair of the damaged Traffic Signals and Devices as set forth in the invoice submitted to the Department. The invoice for the costs incurred for the replacement and/or repair of 288 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 750-010-22 ATTACHMENT 1 TRAFFIC REVISED TERMS AND CONDITIONS FOR THE TRAFFIC SIGNAL OPERATIONS 06/16 MAINTENANCE AND COMPENSATION AGREEMENT Exhibit B Page 2 of 2 damaged Traffic Signals and Devices shall contain the information required in Exhibit C and any other additional information requested by the Department to justify the costs incurred. The reimbursement amount is subject to approval by the Department. 4.0 PAYMENT PROCESSING For regular maintenance costs, the Maintaining Agency shall invoice the Department in a format acceptable to the Department, on an annual basis for the reimbursement costs incurred by the Maintaining Agency for the previous year prior to June 301h of each year. For example, the Maintaining Agency shall submit its invoice for the previous year beginning July 1, 2015 through June 30, 2016 no later than June 30, 2016. For costs incurred for repair and/or replacement of damaged Traffic Signals and Devices, applicable reimbursements will be processed after the Department receives a properly completed and supported invoice from the Maintaining Agency. The Maintaining Agency shall submit invoices for repair and/or replacement costs due to damaged Traffic Signals and Devices at least on an annual basis but the Maintaining Agency may also submit such invoices to the Department on a quarterly basis. PCIR STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTACHMENT 1 REVISED TERMS AND CONDITIONS FOR THE TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT EXHIBIT C Reimbursement for Replacement and/or Repair of Damaged Traffic Signals and Devices 750-010-22 TRAFFIC OPERATIONS 06/16 Exhibit C Page 1 of 1 The Department will reimburse the Maintaining Agency a Lump Sum amount for costs incurred for the replacement and/or repair of Traffic Signals and Devices damaged as a result of third parties or as a result of other causes that were not caused by the Maintaining Agency. The Maintaining Agency is not required to provide a police report in situations where damage is caused to Traffic Signals and Devices by a Force Majeure Event or as a result of other causes beyond the control of the Maintaining Agency that do not necessarily prevent performance, which includes but is not limited to: storms, winds, lightning, flooding and other natural and weather related causes. The Maintaining Agency must provide a police report in all situations where a traffic accident, theft, or vandalism causes damage to Traffic Signals and Devices to the extent the Maintaining Agency has the ability and opportunity to obtain a police report. Applicable reimbursements will be processed after the Department receives a properly completed and supported invoice from the Maintaining Agency. The following information shall be provided by the Maintaining Agency to be eligible for the reimbursement payment: Date and Time of Accident/Incident: Location of Accident/incident: Provide Police Report (if applicable) and the Following Information - nformation:1. 1 .Attach pictures of damaged traffic signals and devices. 2. Attach invoices or receipt of equipment purchased to replace damaged components. 3. Attach detailed documentation of labor costs associated with replacing and/or repairing damaged components, including dates of performance and completion of the work. Contract No.: Project No.: Total Lump Sum Reimbursement Amount T$ The Maintaining Agency hereby certifies that it has replaced and repaired all the Traffic Signals and Devices at the location or signalized intersection referenced above. Henceforth, this document is the Maintaining Agency's request for reimbursement to the Department for the services of restoring the Traffic Signals and Devices to their original operating condition. The Parties agree to the Total Lump Sum Reimbursement Amount set forth above. Maintaining Agency Date District Traffic Operations Engineer Date 290 RESOLUTION NO. 2016- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE EXECUTION OF THE REVISED TERMS AND CONDITIONS FOR THE TRAFFIC SIGNAL MAINTENANCE AND COMPENSATION AGREEMENT AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is a policy of the State of Florida to construct and make improvements to the state transportation system in a cooperative partnership; and WHEREAS, such partnership shall be encouraged through the joint funding of projects that improve traffic flow and reduce congestion on the State Highway System; and WHEREAS, the Board of County Commissioners of Indian River County wishes to authorize the Chairman of the Commission to enter into the Revised Terms and Conditions for the Traffic Signal Maintenance and Compensation Agreement with the State of Florida Department of Transportation (FDOT) on behalf of the commission, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: The Board of County Commissioners of Indian River County, Florida hereby authorizes the Chairman of the Commission to enter into the Revised Terms and Conditions for the Traffic Signal Maintenance and Compensation Agreement with the State of Florida Department of Transportation (FDOT) for: 1. The FDOT shall fund the project cost, as detailed in Exhibits A, B and C of the Revised Terms and Conditions for the Traffic Signal Maintenance and Compensation Agreement. The Board authorizes the County Traffic Engineer or designee to annually prepare, update and submit Exhibits A, B and C to the FDOT for compensation. 2. The County shall maintain and operate the traffic signal system. If the project cost exceeds the amount shown in Exhibits A, B and C, the County shall pay the overage. C:\UsersUclark\Desktop\8-16-16\FDOT Signal Maint and Compensation Resolution 08-16-16.doc 291 RESOLUTION NO. 2016 - The resolution was moved for adoption by Commissioner motion was seconded by Commissioner 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 and the and, upon being put to a vote, The Chairman thereupon declared the resolution duly passed and adopted this day of August, 2016. ATTEST: Jeffrey R. Smith BOARD OF COUNTY COMMISSIONERS Clerk of Court and Comptroller INDIAN RIVER COUNTY, FLORIDA By: Deputy Clerk By: Bob Solari, Chairman BCC Approval Date: August 2016 Approved as to Form and Le I fficiency By: 4( William K. DeBraal Deputy County Attorney C:\Users\lclark\Desktop\8-16-16\FDOT Signal Maint and Compensation Resolution 08-16-16.doc 292 CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: August 8, 2016 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, Count Administrator Michael Smykowskt:i,, ector, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager Y) SUBJECT: Declaration of Excess Equipment as Surplus for Sale or Disposal BACKGROUND: The equipment on the attached list has been determined excess to the needs of Indian River County and requires disposal in accordance with Florida Statutes and Finance Policies. Small items will be sold via online auction and vehicles and heavy equipment will be stored until the next live auction, which is anticipated to be scheduled in late 2016 or early 2017. The funds received from the sale of these items will be returned to the appropriate accounts. RECOMMENDATION: Staff recommends the Board declare the items on the attached Excess Equipment List as surplus and authorize their sale and/or disposal as indicated. There is no cost to the County associated with this request. 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U J U J U 0) O V) u � Y Y Y i� Y Y Y Y_ C C_ C ? � T y� U V N Y Y Y Y Y Y Y Y Y L L .0 i S t L m m r0 L L � � � � � .Q � WWV u m m mi m y o a a a a a- a- a D _ n ami 2 2 ami 2 2 a 2 2 2 2 a` o a` F y lD lD lD lD lD w lD l0 1p lD k.p �-p lD lD 1p lD lD l0 lD lD w to 1.0 lD L.D l.D lD lD lD lD lD 1.0 lD lD lD lD m m m m m m m m m m m m m m m m m m mm m m v ct m m� W 00 W W m 00 w a0 v v v v a a a a W 00 00 00 00 00 m a0 00 00 00 W w 00 \ \ 00 00 \ \ \ \ \ \ \ \ \ \ ar v v v v� v cr v v v v a rp O m \ m 296 CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: August 3, 2016 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Mike Smykowski Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Recommended Selection of Consultants for RFQ 2016029 — Continuing Surveying Services BACKGROUND: On behalf of the Public Works Department and in accordance with FS 287.055, Requests for Qualifications (RFQs) were solicited for professional surveying and mapping services on an as needed basis. Current agreements for these services are due to expire on September 30, 2016. RFQ RESULTS: Advertising Date: RFQ Opening Date: DemandStar Broadcast to: RFQ Documents Requested by Replies: May 1, 2016 June 1, 2016 at 2:00 pm 554 Subscribers 53 Firms 19 Firms ANALYSIS: A selection committee comprised of David Schryver, PSM, County Surveyor, James Ennis, P.E., PMP, County Engineer, Keith McCully, P.E., County Stormwater Engineer, Adam Heltemes, P.E., Senior Engineer, and James Gray, County Coastal Engineer independently evaluated and scored the statements of qualifications in accordance with FS 287.055 and the County Purchasing Manual. These scores were compiled by the committee and an overall ranking of the submittals developed. The top eight ranked firms were invited to participate in interviews. After the interviews, the committee members again independently ranked the firms and a committee ranking was compiled. Staff proposes to enter negotiations with the top five ranked firms. The final rankine established by the rnmmittaa 297 Proposing Firm Location 1. Kimley-Horn Vero Beach 2. Morgan & Eklund, Inc. Wabasso 3. Carter Associates, Inc. Vero Beach 4. Southeastern Surveying and Mapping Corporation Kissimmee 5. 1 CivilSury Design Group, Inc. I Fort Pierce 297 CONSENT AGENDA FUNDING: Funding is available from Secondary Roads — Annual Survey Services and various Other Professional Services accounts. The approved budget for Annual Survey Services (Account No. 10921441-033490- 05007) is approximately $200,000.00 for Fiscal Year 2016-2017. Funding for other professional services accounts is included within the relevant capital project budgets. RECOMMENDATION: Staff recommends the Board approve the committee's final ranking and authorize negotiations with the top five ranked firms (and the subsequently ranked firms, should negotiations with any higher ranked firms fail) in accordance with FS 287.055, Consultant's Competitive Negotiation Act. APPROVED AGENDA ITEM BY: FOR: unty Administrator AMAW '�/iAAJO t1�S�r�1G'1//w 298 Proposing Firm Location 6. McKim & Creed Deland 7. Wantman Group, Inc. Port St. Lucie 8. Masteller, Moler & Taylor, Inc. Vero Beach 9. Bowman Consulting Group, Ltd. Melbourne 10. Sea Diversified, Inc. Delray Beach 11. Culpepper & Terpening, Inc. Stuart 12. Avirom & Associates, Inc. Stuart 13. Indian River Survey, Inc. Vero Beach 14. Calvin, Giordano & Associates, Inc. West Palm Beach 15. ESP Associates of North Carolina, P.A. Vero Beach 16. Land & Sea Surveying Merritt Island 17. NorthStar Geomatics Stuart 18. Engineering Design & Construction, Inc. Fort Pierce GCY (not reviewed or ranked - disqualified for failure to sign mandatory Disclosure of Relationships form). Palm City FUNDING: Funding is available from Secondary Roads — Annual Survey Services and various Other Professional Services accounts. The approved budget for Annual Survey Services (Account No. 10921441-033490- 05007) is approximately $200,000.00 for Fiscal Year 2016-2017. Funding for other professional services accounts is included within the relevant capital project budgets. RECOMMENDATION: Staff recommends the Board approve the committee's final ranking and authorize negotiations with the top five ranked firms (and the subsequently ranked firms, should negotiations with any higher ranked firms fail) in accordance with FS 287.055, Consultant's Competitive Negotiation Act. APPROVED AGENDA ITEM BY: FOR: unty Administrator AMAW '�/iAAJO t1�S�r�1G'1//w 298 INDIAN RIVER COUNTY MEMORANDUM TO: Jason E. Brown County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AICP Community Development- D-,iirre(�cttoor THROUGH: Roland M. DeBlois, AICP h'�' Chief, Environmental Planning & Code Enforcement FROM: Kelly Buck Code Enforcement Officer DATE: 8/3/2016 RE: Robert Keating's Request for Release of a Portion of an Easement at 5705 Glen Eagle Lane (Bent Pine Subdivision Unit 1) It is requested that the Board of County Commissioners formally consider the following information at its regular meeting of August 16, 2016. DESCRIPTION AND CONDITIONS The County has been petitioned by Robert Keating, owner of a lot at 5705 Glen Eagle Lane in Bent Pine Subdivision, for release of a 16 -foot wide portion of a 50 -foot wide rear yard utility, drainage, and golf course maintenance easement on the lot. The purpose of the partial release of easement request is to allow for construction of a pool and screen enclosure (see attached maps). ANALYSIS The request has been reviewed by AT&T; Florida Power & Light Corporation; Comcast Cable Services; the Indian River County Utilities Department; the County Road & Bridge and Engineering Divisions; the County Surveyor; and the Bent Pine Golf Club. None of the utility providers or reviewing agencies expressed an objection to the requested partial release of easement. Therefore, it is staff's position that the requested easement release will have no adverse impact to golf course maintenance or to utilities being supplied to the subject property or to other properties. RECOMMENDATION Staff recommends that the Board, through adoption of the attached resolution, approve release of the 16 - foot wide portion of the rear yard 50 -foot wide utility, drainage, and golf course maintenance easement described in the attached resolution. 299 KEATING, ROBERT Partial Release of Easement Page 2 ATTACHMENTS 1. Map(s) depicting easement proposed for release. 2. Proposed County Resolution Releasing Easement. APPROVED: FOR: Auwist 16 2 114 BY: I.R. County Appr Date Admin. I I Legal 4L Budget Dept. /1'+3 '2 3 Ib Risk M r. ease.bccmemo proj./appl. no. 91090115/76950 300 301 rw 01 V-1 302 Qv � [8 g�:grSr ga r5 t 4 $le of a }aa¢¢aiia eeSaa F�IOU .. Hoc . aHu '7 - `OS_�,l7 P -i J fps R � 3R7 I .�F ��ff �• 0j ) 1 -)•,per , .esr V� 1= r NC 1,�...y.F , L •9r ^ � 3R7 I .�F ��ff �• 303 0j ) 1 -)•,per , V� 1= r „$- ij 1 K I �S 303 -)•,per , „$- K LZ 303 RESOLUTION NO. 2016 - A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, RELEASING A PORTION OF AN EASEMENT ON LOT 1, UNIT 1, OF BENT PINE UNIT 1 AND UNIT 2 WHEREAS, Indian River County has an interest in a utility, drainage, and golf course maintenance easement on Lot 1, Unit 1, of Bent Pine Unit 1 and Unit 2; and WHEREAS, the retention of a portion of the easement, as described below, serves no public purpose; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: INDIAN RIVER COUNTY DOES HEREBY RELEASE and abandon all right, title, and interest that it may have in the following described easement portion: the east sixteen (16) feet of the west fifty (50) foot utility, drainage, and golf course maintenance easement, less and except the north forty (40) feet and the south twenty-three (23) feet thereof, of Lot 1, Unit 1, Bent Pine - Unit 1 and Unit 2, according to the plat thereof recorded in Plat Book 10, Page 41, of the Public Records of Indian River County, Florida. This partial release of easement is executed by Indian River County, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960. THIS RESOLUTION was Commissioner moved for adoption by Commissioner , and adopted on the 2016, by the following vote: Chairman Bob Solari Vice -Chairman Joseph E. Flescher Commissioner Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Tim Zorc day of The Chairman declared the resolution duly passed and adopted this day of 52016. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman seconded by ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Un Deputy Clerk 304 RESOLUTION NO. 2016 - APPROVED AS TO LEGAL FORM: ka - - �< J�kcl Deputy County Attorney ease.bccdoc proj/apl. no. 91090115/76950 Cc: Applicant: KEATING, ROBERT M 5705 GLEN EAGLE LN VERO BEACH, FL 32967-7549 305 INDIAN RIVER COUNTY, FLORIDA h MEMORANDUM TO: Jason Brown; County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, A P; Community Development Director THROUGH: Phil Matson, AICP; MPO Staff Director FROM: Brian Freeman, AICP; Senior Transportation Planner RF DATE: August 10, 2016 SUBJECT: Revision to the Lease with the Senior Resource Association for the Transit Administration Facility It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 16, 2016. DESCRIPTION & CONDITIONS The Senior Resource Association (SRA) is Indian River County's Community Transportation Coordinator (CTC) and public transportation operator. In this capacity, SRA operates the GoLine fixed -route system and the Community Coach paratransit system, both of which are administered from a county -owned facility at 4385 43rd Avenue. That facility was constructed in 2012 with grant funding from the Federal Transit Administration (FTA). SRA uses the 43rd Avenue facility under a lease that was approved by the Board of County Commissioners on July 17, 2012. Because Indian River County is a recipient of federal grant funding for public transportation, the FTA conducts a comprehensive review of the county's operations every three years (referred to as a triennial review). The most recent triennial review recommended that the lease be amended to include necessary federal clauses relating to the federal interest in the facility. Attached is an amended lease with the requested language. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the amended lease and authorize the Chairman to execute the amended lease. FACommunity Developinent\Users\M:�O\Meetings\BCCU016\revision to sra lease.docr 1 306 ATTACHMENTS 1. Amended Lease with ;he Senior Resource Association for the Transit Administration Facility APPROVED AGENDA ITEM: FOR: Indian River Co, Appro ed Date Admin. y Legal W Ip_ ib Budget Dept. Risk Mer. FACommunity Development\Users\MPO\Meetings\BCCQ016\revision to sra lease.docx 1 307 AMENDMENT AND EXTENSION TO LEASE AGREEMENT THIS AMENDMENT AND EXTENSION TO LEASE AGREEMENT ("Amendment") by and between Indian River County, Florida, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, Florida ("County" or "Landlord"), and Senior Resource Association, Inc., a Florida non-profit corporation, whose address is 694 14th Street, Vero Beach, FL 32960 ("Tenant"). BACKGROUND RECITALS: WHEREAS, the Parties entered into a Lease Agreement ("Agreement") dated July 17, 2012, for a maintenance facility and administrative offices on County owned land located at 4385 and 4395 43rd Avenue, Vero Beach, Florida; and WHEREAS, the term of the Agreement was for five years in order to provide the Tenant with space to store and maintain its fleet of buses, including related operations and administration; and WHEREAS, the Senior Resource Association is the Community Transportation Coordinator (CTC) and Transit Service Provider for Indian River County and applied for and received Federal Transit Administration funding in order to construct the maintenance and administrative facility; and WHEREAS, the Parties desire to amend the Agreement to include language required in lease agreements for facilities built with Federal Transit Administration funding; and WHEREAS, the Parties desire to extend the term of the lease for an additional two years; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the parties hereby agree as follows: 1. Recitals. The above recitals are true and incorporated as a part of this document by reference herein. 2. Amendment. The Lease Agreement dated July 17, 2012 is hereby amended to include the following: FEDERAL TRANSIT ADMINISTRATION AND FEDERAL INTEREST (i) The Tenant acknowledges that Landlord is the recipient of Federal grants through the Federal Transit Administration ("FTA"), which funded, in part, the Premises. The Tenant further acknowledges that pursuant to FTA grant requirements, the Landlord must demonstrate and retain satisfactory continuing control over the use of the Premises. The Tenant agrees that it will not exercise any right permitted under this Lease in a manner 308 which compromises or otherwise diminishes Landlord's obligation to retain satisfactory continuing control over the use of the Premises. (ii) Satisfactory continuing control is defined as the legal assurance that FTA -funded property will remain available to be used for its originally authorized purpose throughout its useful life or until disposition. (iii) The Tenant acknowledges the Federal interest in the Premises and agrees that it will take no action which compromises or otherwise diminishes such interest. (iv) The Tenant acknowledges that the Landlord must comply with all applicable Federal statutes, regulations, orders, certification and assurances, or other Federal law (collectively referred to as "Federal laws"), including, but not limited to, those set forth in the current FTA Master Agreement governing transit projects supported with Federal assistance awarded through the FTA. The Tenant agrees that it will take no action seeking compliance with non -Federal laws to the extent such laws conflict with applicable Federal laws. 3. Extension. The term of the Lease Agreement dated July 17, 2012 is hereby extended an additional two years, now terminating on May 31, 2019, 4. Existinq Terms and Conditions. Other than the above stated Amendment and Extension, the terms and conditions of the Lease Agreement dated July 17, 2012, shall remain in full force and effect. THE REMAINDER OF THIS PAGE IS LEFT BLANK INTENTIONALLY. 309 2 IN WITNESS WHEREOF, the parties hereto have caused this Amendment and Extension to Lease Agreement to be executed by their respective duly authorized representatives as of the date first set forth above. SENIOR RESOURCE ASSOCIATION, INC Karen Deigl, President/CEO of the Senior Resource Association, Inc. Date Approved: Attest: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: ailliame raal Deputy County Attorney INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners Bob Solari, Chairman, Board of County Commissioners Date Approved: 3 310 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: James W. Ennis, P.E., PMP, County EngineeOF, SUBJECT: Amendment No. 1 to Work Order No. 1 Andersen Andre Consulting Engineers, Inc. for the Intergenerational Recreation Facility at South County Regional Park DATE: August 2, 2016 DESCRIPTION AND CONDITIONS On September 23, 2014, the Board of County Commissioners approved the annual agreement for Professional Geotechnical Services, with Andersen Andre Consulting Engineers, Inc. for various services including, but not limited to, field and laboratory construction materials testing in Indian River County. On February 10, 2015, Work Order No. 1 was approved between Andersen Andre Consulting Engineers, Inc. and Indian River County to provide testing related services to the construction of the Intergenerational Recreation Facility at South County Regional Park for a not -to -exceed amount of $57,115.00. During the clearing phase of the construction project, there was unauthorized, over -excavation of the dry retention pond and the filling of the over -excavation with deleterious soils. Additional geotechnical tests were necessary to monitor corrections for the removal and replacement of the material in the amount of $7,886.50. Due to the unanticipated additional tests, the overall geotechnical costs increased to $65,001.50. The contractor has been back - charged for these tests and the costs have been recouped for the County. Amendment No.1 to Work Order No. 1 is to provide funding for this additional amount. While completing the parking area, additional asphalt tests were requested by the County, bringing the total of Amendment No. 1 to a not -to -exceed amount of $10,400.00. FUNDING Funding is budgeted and approved in Account No. 31521072-066510-03028 Optional Sales Tax, Intergenerational Recreation Facility at South County Regional Park in the amount of $10,400.00. 311 F:\Public Works\ENGINEERING DIVISION PROJECT'S\I 135-S County Park lntergeneratnonal Rec Facility'Admim\agenda items\BCC Agenda Andersen Andre Amendment No I to WO No I doc Page 2 Amendment No. 1 to Work Order No. 1, Andersen Andre Consulting Engineers, Inc. Intergenerational Recreation Facility at South County Regional Park For BCC Meeting August 16, 2016 RECOMMENDATION Staff recommends approval of Amendment No. 1 to Work Order No. 1 to Andersen Andre Consulting Engineers, Inc. authorizing the above-mentioned professional services and requests the Board to authorize the Chairman to execute the attached Amendment No. 1 to Work Order No. 1 on their behalf for a not -to -exceed amount of $10,400.00. ATTACHMENTS 1. Amendment No. 1 to Work Order No. 1 DISTRIBUTION 1. Deward Howard, Construction Coordination Manager 2. Don Keith, Sr. Engineering Inspector 3. Dan Trbovich, Borrelli & Partners, Inc. 4. Anderson Andre Consulting Engineers, Inc. APPROVED AGENDA ITEM FOI BY Indian River County Approvedj Date Administration Budget ILI Legal i Public Works D �� Engineering %L 312 F.Tublic Works\ENGINEERING DIVISION PROJFCTS',I 135-S County Park Intergeneratnonal Rec Facility\Admim\agenda rtems\BCC Agenda Andersen Andre Amendment No I to WO No I .doe Board of County Commissioners 180127th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: (772)-778-9391 Construction Materials Testing For Intergenerational Recreation Facility at South County Regional Park IRC Project No. 1135 AMENDMENT NO. 1 TO WORK ORDER NO. 1 (Engineering Division) FOR FOR PROFESSIONAL GEOTECHNICAL SERVICES AGREEMENT FOR ANNUAL GEOTECHNICAL SERVICES CONTRACT, RFQ NO. 2014007 WITH ANDERSEN ANDRE CONSULTING ENGINEER, INC. This is an amendment to the existing WORK ORDER NO. 1 between Andersen Andre Consulting Engineer, Inc. (CONSULTANT) and Indian River County (COUNTY) for additional professional geotechnical services for the Intergenerational Recreation Facility at South County Regional Park. All services performed under this contract shall be supervised and certified by a licensed Professional Engineer (PE) registered with the State of Florida and staff employed directly with your firm. Scope of Services All work shall be performed on a unit price or hourly rate basis in accordance with and shall comply with Standards enumerated in the ANNUAL GEOTECHNICAL SERVICES CONTRACT, RFQ 2014007 WITH ANDERSEN ANDRE CONSULTING ENGINEERS, INC. Effective Date: September 23, 2014 Minimum Specification Requirements as follows: • Site Work Testing • Mass Site Fill Density • Testing Parking Lots, Entrance Roadway, Access Drive and Curb Pad • Stormdrain System • Sanitary Sewer • Water Line and Fire Main • Miscellaneous Tie-ins, Valves, Hydrants Conflicts 313 Amendment No. 1 to Work Order No. 1 Andersen Andre Consulting Engineers, Inc. IRC Project No. 1135 • Extraction/gradation, specific gravity and asphalt -content testing of the paved surface to confirm that the asphaltic concrete complied with the Engineer of Record's design specifications • Laboratory Testing • Concrete Testing Vertical Construction Testing • In -Place Soil Density Testing • Concrete Testing All work shall also comply with the current Florida Minimum Technical Standards. COMPENSATION. The COUNTY agrees to pay, and the CONSULTANT agrees to accept, a fee for services rendered according to the "Scope of Services" identified in the attached EXHIBIT "A" Fee Schedule and Man Hours. An amount of: $10,400.00 to be paid on a unit price or hourly rate basis for actual work performed in accordance with the schedule of services and fees set forth in Exhibit A of the ANNUAL GEOTECHNICAL SERVICES CONTRACT, RFQ 2014007 WITH ANDERSEN ANDRE CONSULTING ENGINEERS, INC. Effective Date: September 23, 2014. TIME FOR COMPLETION This Amendment No. 1 to Work Order No.1 shall run concurrently with the construction work for the Intergenerational Recreation Facility at South County Regional Park, IRC Project No. 1135. [The remainder of this page intentionally left blank] F Xublic WorksTNGTNEERTNG DMSION PROJECTSV 135-S County Park Intergenemmonal Rec Facility\Admim`agenda ttemslAndersen Andre Amendment 1 to WO I.doc 314 Amendment No. 1 to Work Order No. 1 Andersen Andre Consulting Engineers, Inc. IRC Project No. 1135 IN WITNESS HEREOF the parties hereto have executed these presents This day of 12016. OWNER BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman Approved by BCC, ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Approved as to Form and Le&al , Sufi iericy: Bylan Reingold;'County Attorney Jason E.IBro%4n County Administrator ANDERSEN ANDRE CONSULTING ENGINEERS, INC. David P. Andre, P.E., Principal Engineer Witnessed by: eA4024 61ciz9- (Printed n me) 7Pa/Ph Lew%S FAPublic Works\ENGTNEERTNG DMS10N PROJECTS\I 135-S County Park TntMenmvional Rm Facility\Admim\agenda hcnx\Arde n Andre Amendment I to WO Ldoc 315 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason Brown; County Administrator ,/O�- FROM: Stan Boling, AICP; Community Development Director DATE: August 9, 2016 SUBJECT: Ratification of the TBRA (Tenant Based Rental Assistance) Contract Signed by the County Administrator It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 16, 2016. BACKGROUND The County's Rental Assistance Division has participated in the TBRA, Tenant Based Rental Assistance program to provide temporary rental assistance to qualifying applicants (see attachment #1). The program, administered by Florida Housing, has been used locally for a number of years and is winding down. At the end of the program's "life cycle" some remaining program funds became available to Rental Assistance for supplemental temporary rental assistance. Funds available through this supplemental award will total an estimated $100,000. In order to secure the funds, Florida Housing required Rental Assistance to have a contract executed at a time when no Board meetings were scheduled. In order to secure the funding, the County Administrator executed the TBRA contract on August 5, 2016 pursuant to County Resolution 2016-058. In accordance with Resolution 2016-058, the Board of County Commissioners now needs to ratify the administrator's execution of the TBRA contract. ANALYSIS The referenced TBRA contract was reviewed and approved by the Deputy County Attorney who advises on Fair Housing compliance and other Rental Assistance matters. The contract allows Rental Assistance to provide qualifying households with additional temporary assistance in the same manner that previous TBRA program funding has been used. RECOMMENDATION: Staff recommends that the Board of County Commissioners ratify the TBRA contract executed by the County Administrator pursuant to Resolution No. 2016-058. ATTACHMENTS: 1. TBRA Program Background Information 2. TBRA Contract Executed by the County Administrator APPROVED AGENDA ITEM: FOR: FACommunity Development\CurDev\BCC\2016BCC\RatificationofrBRA.rtf Indian River Co, Appr Date Admin. Legal b Budget Dept. 9 9 l6 Risk Mgr. 316 Tenant Based Rental Assistance Program (TBRA) Summary Florida Housing has set aside $19,000,000 from its federal HOME (HOME investment Partnership) program toward temporary rental assistance for emergency housing. The HOME Tenant -Based Rental Assistance (TBRA) funds were granted to qualifying Public Housing Authorities (PIIA) that currently administers the HUD Section 8 Housing Choice Voucher Program. TBRA will provide decent, safe and sanitary housing to eligible families with preference given to those that have been displaced by hurricanes. The maximum amount of funding for each PHA is $500,000, although they may request additional funding once the initial $500,000 is committed or expended. The backup showing the need for the funds must be provided. Additionally, each PHA will receive an administrative fee (the "Fee") of 10% of the funds drawn. The fee will be paid on a monthly basis to the PHA based on the total disbursement request during that month. The fee may be used to pay for expenses associated with program operation. Each PITA received an initial $5,000 advance for operating expenses. The funds may be used to pay for security deposits, utility deposits, the tenants' monthly pro -rated rent subsidy and the tenants' monthly pro -rated utility subsidy. Reimbursements will be given for the funds expended from the $5,000 start- up fund. Each PHA provided Florida Housing with copies of their most recent and ongoing Section Eight Management Assessment Program (SEMAP) scores and all documentation, corrective action plans and reports. After reviewing the SEMAP, Florida Housing prepared the contracts to be executed by the PHA. Each PHA will establish a system which ensures effective control over and accountability of all funds used in the HOME, program. Eligible households include those who have incomes at or below 80 percent of area median income, adjusted for family size, as established by HUD. For each fiscal year, at least 90 percent of the eligible households assisted through HOME TBRA must be at or below 60 percent of area median income. Rental assistance is limited to an initial twelve month period, but in no event will assistance be extended beyond an additional one year. For questions, please contact David Woodward at (850) 488-4197, or via email at david.woodward(cr�,floridahousing_org. (Rev. 06/14) 67-48.018(3)(a), F.A.C. AMCIMENT 1 317 HOME Investment Partnerships Program State of Florida Agreement No. 030-2016 By and between the Florida Housing Finance Corporation And Indian River County Board of County Commissioners Grant Agreement A. This Grant Agreement, hereinafter called "Agreement" is between the Florida Housing Finance Corporation, hereinafter called the "Corporation" and the Indian River County Board of County Commissioners hereinafter called the "Grantee". This Agreement consists of the body and the following attachment, which is incorporated herein: Attachment A — Scope of Services. B. Together, they embody the entire Agrcemcnt between the Corporation and Grantee with the respect to this grant program. All prior agreements, representations, statements, negotiations, and understandings with respect to this program are superseded hereby. Authority A. This Agreement is financed in part through a grant provided to the Corporation by the United States Department of Housing and Urban Development (HUD) under Title 11 of the National Affordable Housing Act of 1990, hereinafter called "the Federal Act." As provided in the Federal Act, the State of Florida, through the Corporation has elected to administer the federal program of 110VfE Investment Partnerships Program, hereinafter called "HOME." B. The Corporation, in accordance with provisions of Section 420.5089. Fla. Stat., hereinafter called "the State Act," has entered into this Agreement with the Grantee and allotted funds for the purpose of supporting the Grantee's HOME Program. C. In the event o1'changes in any applicable Federal regulations and/or law, this Agreement shall be deemed to be amended when required to comply with any law so amended. III. Description of Activities Grantee agrees to perform the work specified in the Attachment A and in compliance with the requirements of 24 CFR Part 92 and all State and Corporation Tenant Based Rental Assistance program requirements and policies. IV. Period of Performance & Commitment A. The period of performance for all activities assisted by this Agreement shall commence on the contract date of July 31, 2016, hereinafter called the "Commencement Date," and shall be complete on July 30, 2017, hereinafter called the "Completion Date," except those activities required for closeout. B. All FFY 2015 funds must be conunitted to projects according to the HOME Rule by July 1, 2017, hereinafter called the "Commitment Date." C. The Corporation and the Grantee may renew the terms of this Agreement for a period of one year upon written mutual agreement by both parties. Florida (lousing Finance Corporation Page 1 (Rev. 06/14) 318 ATTACHMENT 2 V. Compensation A. In consideration of the Grantee's satisfactory performance of the work required under this Agreement and the Grantee's compliance with the terms of this Agreement, the Corporation shall provide the Grantee a total of $100,000 in HOME funds. In addition, an administrative fee of 10% of the funds drawn will be provided. Such HOME funds shall be used by the Grantee in accordance with the activities listed and budgeted on Attachment A. Administrative funds will be disbursed for actual costs incurred in the administration of this contract. Documentation that supports the utilization of administrative funds must be maintained. B. The Grantee understands that this Agreement is funded in whole or in part by federal funds. In the unlikely event the federal funds supporting this Agreement become unavailable or are reduced, the Corporation may terminate or amend this Agreement and will not be obligated to pay the Grantee. C. The Grantee shall not anticipate future funding from the Corporation beyond the duration of this Agreement and in no event shall this Agreement be construed as a commitment by the Corporation to expend funds beyond the termination of this Agreement. V1. Indemnification The Grantee shall indemnify, defend, and hold harmless the Corporation and its officers and employees from any liabilities, claims, suits, judgments, and damages arising as a result of the performance of the obligations under this Agreement by the Grantee or contractor. The liability of the Grantee under this Agreement shall continue after the termination of the Agreement with respect to any liabilities, claims, suits, judgments, and damages resulting from acts occurring prior to termination of this Agreement. Grantees liability to indemnify the Corporation and its officers and employees shall include liability arising from Icad-based paint regulations found in 24 CFR 35. VII. Obligations of Grantee A. All of the activities required by this Agreement shall be performed by personnel of the Grantee, except that those services provided by a certified HQS Inspector may be contracted to a third party under the direct supervision of the Grantee and in accordance with the terms of written contracts. B. A certified Housing Quality Standards, (HQS), inspector will perform all initial, annual, periodic and/or special unit inspections. Inspections shall be in accordance with guidelines provided in 24 CFR 982.401. C. The grantee will adhere to lead-based paint program requirements for all units. This requirement applies to tenants requesting security/utility deposits as well as to those applying for rental assistance coupons. During initial and periodic inspections, an inspector acting on the behalf of the Grantee and trained in visual assessment for deteriorated paint surfaces in accordance with procedures established by HUD shall conduct a visual assessment of all painted surfaces in order to identify any deteriorated paint (24 CFR Part 35.1215 (a)(1). The visual assessment must take place as part of the initial and periodic inspections required by HUD (24 CFR Part 35, Sec. 92.209(1). TBRA funding cannot be provided until the unit passes the lead-based paint visual inspection. D. If assisted occupancy has commenced prior to an annual or periodic inspection, and the visual inspection reveals deteriorated lead-based paint, the owner shall stabilize each deteriorated paint surface in accordance with 24 CFR Part 35.1330(a) and (b). Such paint stabilization must be completed within 30 days of notification to the owner of the results of the visual assessment. Depending upon the scope of the work undertaken to stabilize the paint, and if necessary, the owner at his/her expense, is responsible for relocating the tenants to a comparable, safe, and sanitary dwelling free of lead-based paint while the work is taking place. Paint stabilization is considered complete when clearance is achieved in accordance with 24 CFR Part 35.1340. The owner shall provide a notice to occupants in accordance with 24 CFR 35.I25(b)(1) and (c) describing the results of the clearance examination. Florida Housing Finance Corporation Page 2 (Rev. 06/14) ATTACHMENT 2 319 E. The Grantee will provide Icad-based paint disclosure information to all tenants and landlords. Optional blood level verification forms will be provided to tenants with children under age 6 who have selected units that were constructed prior to 1978. Addresses of tenants with chi Idren under age 6 living in pre - 1978 structures will be provided to the Local Health Department quarterly. (Refer to 24 CFR 35.1225) F. The Grantee shall remain fully obligated and liable under the provisions of this Agreement, notwithstanding its designation of any third party or parties for the undertaking of part or the entire program being assisted under this grant. G. The Grantee shall require any third party to comply with all lawful requirements necessary to insure that the program is carried out in accordance with this Agreement. Ii. The Grantee shall adhere to the uniform administrative requirements of 24 CFR 92.505. 1. The Grantee shall provide the Corporation with copies of the most recent and ongoing Section Eight Management Assessment Program (SEMAP) scores and all follow-up documentation, corrective action plans and reports. VIII. Program Costs A. The Grantee, if not environmentally exempt, shall not incur costs on any program activity until the Environmental Review required by 24 CFR 58 has been completed and the Corporation has issued the "Notice of Release of Funds." B. Any program activities performed by the Grantee in the period prior to the Agreement Commencement Date shall be performed at the sole risk of the Grantee. In the event this Agreement is not duly executed by the Grantee, the Corporation shall be under no obligation to pay the Grantee for any costs incurred or monies spent in conjunction with program activities, or to otherwise pay for any activities performed during such period. C. At any time during the period of performance under this Agreement, the Corporation may review all Program Costs incurred by the Grantee and all payments made to date. Upon such review the Corporation shall disallow any items of expense that are not determined to be allowable or are determined to be in excess of approved expenditures; and shall, by written notice specifying the disallowed expenditures, inform the Grantee of any such disallowance. IX. Drawdown of Grant Funds A. The Grantee shall be entitled to drawdown funds at the time the funds are actually needed for payment. Funds are to be drawn for immediate cash needs only, as required in U.S. Department of Treasury Circular 1075. The Grantee shall not issue TBRA to a beneficiary until such time as all project set-up information has been received and entered into the Integrated Disbursement Information System (IDIS). Grantee shall use the Tenant Based Rental Assistance Activity Set-up Report, Attachment B, to collect such information. B. The Grantee shall establish procedures to insure that any funds set forth in (A) above shall be expended within fifteen (15) days of receipt of the funds in the electronic depository account. X. Depositories for Program Funds A. The Grantee must establish a separate account in a local financial institution for the receipt, deposit, and disbursement of HOME TBRA Program funds from the Corporation. B. The local account will also be used for the deposit and disbursement of repayments of HOME funds. Program income must be disbursed prior to requesting HOME funds from the Corporation. Florida l lousing Finance Corporation Page 3 (Rev. 06/14) ATTACHMENT 2 320 X1. Financial Management A. Grantees shall establish and maintain a system which assures effective control over and accountability for all funds used in the HOME Program, and follow the requirements of 24 CFR 85.20 and OMB Circular A-122 or A-87, respectively. B. Grantees shall certify to die Corporation, in writing, prior to making the first drawdown of funds that the system proposed for use shall meet the following standards: 1. Maintenance of separate accounting records and source documentation for the HOME, Program; 2. Provision for accurate, current, and complete disclosure of the financial status of the Program; 3. Establishment of records of budgets and expenditures for each approved activity; 4. Demonstration of the sequence and status of receipts, obligations, disbursements and fund balance; 5. Provision of financial status reports in the form acceptable to the Corporation; 6. Compliance with the applicable audit requirements (OMB Circular A-133), and; 7. Consistency with generally accepted accounting principles, 24 CFR 85.20, and OMB Circulars A-57 or A-87. C. Grantees shall transfer to the Corporation any unencumbered HOME funds on hand at the time of expiration of this Agreement, and any accounts receivable attributable to the use of HOME funds, as required in 24 CFR 92.503. X11. Program Income The Grantee shall retain any repayment, interest, and any other return on the investment of HOME funds to be used for additional HOME eligible activities. X111. Monitoring and Reporting A. The Grantee shall monitor the activities of the HOME; Program, including those of the contractors and subcontractors, to ensure that all program requirements are being met. The Grantee shall establish and maintain a standard procedure for internal monitoring. B. From time to time, as requested in writing by the Corporation, the Grantee shall submit such data and other information as the Corporation may require. C. Failure to report as required or respond to requests for data or information in a timely manner shall be grounds for suspension or termination of the Grant at the discretion of the Corporation. XIV. Procurement Procedures A. The Grantee shall use established procurement procedures, which reflect applicable Federal, State and local law and regulations (24 CFR 84.40-84.48). B. These standards do not relieve the Grantee of any contractual responsibilities under its contracts. The Grantee is responsible, in accordance with good administrative practice and sound business judgment, for the settlement of all contractual and administrative issues arising out of procurements entered into support of a grant. These include but are not limited to source evaluation, protests, disputes, and claims. Florida Housing Finance Corporation Page 4 (Rev. 06114) 321 ATTACHMENT 2 C. The Grantee shall abide by the requirements of 24 CFR 24.200 concerning debarment and suspension on procurement procedures. XV. Program Closeout A. Program Closeout is the process by which die Corporation determines that all applicable actions and all required work of the program including audit and resolution of audit findings have been completed or that there are no additional benefits likely to occur by continuation of program activities or costs. All findings from Corporation monitoring visits must be cleared prior to closeout. XVI. Termination for Convenience A. The Corporation or Grantee may terminate the grant in wliole, or in part, when both parties agree that the continuation of the program would not produce beneficial results commensurate with further expenditure of funds. B. The two parties shall agree upon the termination conditions, including the effective date and in the case of partial termination, the portion to be terminated. C. If a project is terminated before its completion, an amount equal to the HOME funds disbursed for the project must be paid by the HOME, recipient to its HOME. Investment Trust Fund. Such Funds are due to the Corporation within 30 days of the date of project cancellation. Such funds shall be returned to HUD by the Corporation in compliance with HUD Notice CPD 92-18, issued June 9, 1992. XVIL Suspension or Termination -for Cause A. The Corporation may suspend the grant, in whole or in part, at any time during the Grant Period, and upon reasonable notice to the Grantee, withhold further payments or prohibit the Grantee from incurring additional obligations of grant funds when it is determined that the Grantee has failed to substantially comply with the conditions of this Agreement. This will be done pending corrective action by the Grantee or a decision by the Corporation to terminate the grant. B. The Corporation, after reasonable notice following procedures pursuant to Section XVIII (A) of this Agreement, may terminate the grant, in whole or in part, at any time during the Grant Period when it is determined that the Grantee has failed to substantially comply with the conditions of this Agreement. The Corporation shall promptly notify the Grantee in writing, of the determination and the reasons for the termination, together with the effective date. XVIII. Audit Requirements A. The Grantee shall arrange for the performance of annual financial/compliance audits of the grant project. All audits must be performed by an independent qualified auditor. The audit period is identical with the Grantee's regular fiscal year. The audit(s) will be conducted in accordance with the requirements set forth in the U.S. Single Audit Act of 1984, as amended and Office of Management and Budget (OMB) Circular A-133, as amended. B. If the Grantee expends $500,000 or more in a year in Federal awards, the Grantee shall have a single audit or program specific audit if so elected, conducted for that year in accordance with the provisions of OMB Circular A-133, as amended. C. Grantees are required to submit one copy of the fiscal year audit report covering the program. The audit reports shall be sent to the Corporation within 30 days after the completion of the audit, but no later than one -hundred eighty (180) days after the end of the audit period unless agreed to by the Corporation. D. If any expenditures are disallowed as a result of the audit report, the obligation for reimbursement shall rest with the Grantee. Florida (lousing Finance Corporation Page 5 (Rev. 06/14) ATTACHMENT 2 322 XIX. Retention of and Access to Records A. Financial records, supporting documents, statistical records, and all otlicr records pertinent to this program shall be retained in accordance with Chapter 119, Fla. Stat., and in accordance with 24 CFR 85.42 and 24 CFR 92.508. B. Authorized representatives of the Corporation, the Florida Auditor General, the Secretary of HUD, the Inspector General of the United States, or the U.S. General Accounting Office shall have access to all books, accounts, reports, files, papers, things, or property belonging to, or in use by, the Grantee pertaining to the administration of these grants and receipt of assistance under the HOME Program as may be necessary to make audits, examinations, excerpts, and transcripts. C. Any contract or agreement entered into by the Grantee shall contain language comparable to subsections (A) and (B) so as to assure access by authorized parties to the pertinent records of any subgrantee, contractor, or subcontractor. D. The Grantee shall establish and maintain sufficient records for a minimum of five years to enable the Corporation to determine whether the Grantee has met the requirements of the HOME Program. The Grantee shall follow the guidelines in 24 CFR 92.508. XX. Conflict of Interest A. In the procurement of supplies, equipment, construction, and services by Grantees and subgrantees, the conflict of interest provisions, Attachment O of OMB Circular A-1 10 and 24 CFR 85.36, respectively, shall apply. In all cases not governed by the provisions of said circular and regulation, the provisions of subsection (B) and 24 CFR 92.356 (b) shall apply. B. No member of the governing body, officers or employee of the Grantee, or its designees or agents, or any other person who exercises any functions or responsibilities with respect to the program assisted by this Agreement during his tenure or for one year thereafter, shall have any direct interest in any contract or subcontract, or the proceeds thereof, for the work to be performed in connection with the program. C. The Grantee shall incorporate, or cause to be incorporated in all third party agreements, a provision prohibiting such interest pursuant to the purpose of this Section. D. The Grantee shall not employ, nor shall permit any third party to employ, any employee of the Corporation. XXL Equal Opportunity The Grantee agrees to comply with all the requirements relating to fair employment practices, to the extent applicable and shall cause the foregoing provision to be inserted in all contracts with third parties for any work covered by this Agreement so that such provisions will be binding upon such third parties. Grantee will conduct and administer the grant in conformity with 24 CFR 92.350. XXII. LobbVing The undersigned certifies, to the best of his or her knowledge and belief that: 1. No appropriated federal funds have been paid, or will be paid, by or on behalf of the undersigned 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. Florida Housing Finance Corporation Page 6 (Rev. 06/14) ATTACHMENT 323 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 in connection with this Federal Contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Disclosure Form to Report Lobbying (Standard Form -LLL), in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. 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 failure. XXIII. Waiver of Enforcement No waiver by the Corporation of the right to enforce any provision of this Agreement shall be deemed a waiver of the right to enforce each and all the provisions hereof. XXIV. Revisions and Amendments and Approvals A. Any changes to this Agreement shall constitute an amendment. B. The Grantee shall not expand, enhance, commingle or add to the scope of the program, covered by the Agreement. C. Amendments of the terms of this Agreement shall not become effective unless reduced to writing, numbered, agreed to and signed by the Corporation and the duly authorized representative of the Grantee. XXV. Contractual Provisions Attachments The provisions found in Contractual Provisions Attachment, which is attached hereto. Attachment A — Scope of Services Attachment B — Payment Request Form Form HUD -40095 — Tenant Based Rental Assistance Set -Up Report Florida Housing Finance Corporation Page 7 (Rev. 06/14) ATTACHMENT 2 324 Dated by the Corporation this clay of 2016 FLORIDA HOUSING FINANCE CORPORATION 13 v: Stephen P. /Auger Executive Director Florida Housing Finance Corporation STATE OF FLORIDA COUNTY OF LEON The foregoing instrument �kas acknowledged before me this _- day of — by Stephen P. Auger as Executive Director for the Florida Housing Finance Corporation. Signature of Notary Public Printed Name of Notary Public Personally Known ________OR Produced Identification Type of Identification Produced INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By: Signature' of Authorizing Official ja r,o f jue n 60U -Y) i� Printed Name and Title ol'Authorirmg Official fof Grantee The foregoing instrument was acknowledged before me this 5day ofLcl��t by _J�LSOI/_ C ,-_�rU�)✓1 as fi t f r6lf_12�. ! t� for Signature ofNotary Publicf(ir' •99 DORISEROY +: +L MY Ct)MMfSSI(NV fi FF 1!12337 EXPIRES: March 12, 2019 P, f;(r• t3wKW Thni ►binry Pubk Undenttb a Printed Name ofNotary Public Personally Knoi,vn 11—OR Produced ldcntification Type of Identification Produced _— -- Florida Housing Finance Corporation Page R ATIACHMENT z (Rev. 06/14) 325 SCOPE OF SERVICES 1. The Grantee agrees to work with the Corporation to locate and assist low income households of the State of Florida in accordance with the provisions contained in the Federal Act, the State Act, the HOME Program regulations (24 CFR Part 92) and this Agreement. Preference will be given those households who have been displaced from their primary residence as a result of natural disaster. Grantee responsibilities include but are not limited to: a) Providing Tenant Based Rental Assistance (TBRA), security deposit and utility deposit assistance; and b) Counseling of prospective tenants regarding landlord/tenant responsibilities, methods of locating suitable units and equal housing opportunity laws. 2. The Corporation and/or the Corporation's monitoring agents will monitor the performance of the Grantee as it relates to this Agreement on a periodic basis. 3. Eligible Households include those households who have incomes at or below 80 percent of area median income, adjusted for family size, as established by HUD. For each fiscal year, at least 90 percent of Eligible Households assisted through HOME TBRA must be at or below 60 percent of area median income, adjusted for family size. a) Eligibility is determined by comparing the household's anticipated gross annual income for the next twelve months to the income limits for the appropriate household size. (The definition of annual income as defined in Section 8 of the United States Housing Act of 1937.) Verification of income should be completed in accordance with the Wile of the Section 8 Housing Choice Voucher Program. A self -affidavit executed by the household is acceptable if third party verification cannot be obtained. b) Written certification of income eligibility must be obtained prior to occupancy. If applicants or household members that are being assisted have given false information, the Grantee must notify the Corporation and rental assistance must be terminated. c) Eligible Households who receive assistance under this Agreement and who are currently on awaiting list for a Section 8 Housing Choice Voucher Program cannot be removed from that waiting list and must be transitioned from the HOME TBRA program to the Section 8 program if a Housing Choice Voucher becomes available to them. 4. Rental assistance is limited to an initial twelve month period. No TBRA application shall be accepted by the Grantee after expiration of this contract unless otherwise extended in writing by the Corporation, but in no event will the contract be extended beyond an additional one year. 5, The Grantee is responsible for obtaining the following documentation for each Eligible Household applying to receive TBRA: a) Applicant In -Take Form (Exhibit 1) and Tenant Income Certification (Exhibit 2), or HUD 50058 Form b) Landlord Agreement to Participate Form (original), and (Exhibit 3) c) Signed Lease and Lease Addendum (copy). (Exhibit 4) If providing the HUD 50058 Form, Grantee must also provide the amount of security and utility deposit paid to the tenant (if applicable). 6. The Grantee must provide income verifications for each tenant. 7. Rental assistance under this program is portable and is available to Eligible Households to rent the unit of their choice provided it does not already receive any form of rental assistance. The assistance is conditioned upon the execution of a Lease Addendum between the landlord and the Eligible Household, 8. On the 10 of every month, the Grantee will transmit to the Corporation a Monthly Payment Authorization form (Attachment B), authorizing payment for all Eligible Households. Households that are subsequently determined to be ineligible or who have served notice they have vacated must be removed from the next monthly submittal. Florida Housing Finance Corporation Page 1 ATTACHMENT 2 Attachment A (Rev, 06/14) 67-48.018(3)(a),F.A.C. 326 9. The Grantee will apply its stated method of continued program participation, including annual income certification and unit inspections, as documented in their Section 8 Housing Choice Voucher Program plan. 10. Assisted units may be publicly or privately owned; however, units covered under a project -based rental assistance agreement or Public Housing Authority units are not eligible. Units in a project partially covered by a project -based rental assistance agreement are eligible, provided that there is not project -based assistance available for the unit in question. 11. The Grantee will be required to inspect units at initial occupancy and certify to the Corporation that the unit meets minimum HUD Housing Quality Standards (HQS). 12. Units in cooperative housing developments are ineligible for assistance under this Agreement. 13. The landlord shall execute a Landlord Agreement to Participate and a Lease Addendum with the tenant. 14. There is no requirement regarding the term of the lease, but subsidy payments to the landlord under the HOME TBRA program shall not exceed 12 months from the date of initial occupancy and in no event exceed the actual period of occupancy, if less than 12 months. The tenant shall be solely responsible for any damages caused by breaching the lease that exceed the security deposit. 15. Rental assistance calculations may be prorated during the initial month. Leases should begin on the first day of the actual tenant occupancy. If the lease is executed for any day other than the first of the month, the Grantee is responsible for paying the prorated subsidy portion of the rent for that month from proceeds provided by the Corporation. 16. Certain lease provisions are prohibited under the Regulations. These provisions are contained in the Lease Addendum which shall be executed by the landlord and tenant. 17. The amount of rental assistance paid on behalf of an Eligible Household is limited to the difference between the established rent for the unit and thirty percent (30%) of the Eligible Household's gross monthly income. Example: $500 rent and $12,000 annual gross income would require a subsidy of: ($12,000/12 months) x .30 = $300 (tenant payment) $500 rent minus $300 tenant payment = $200 monthly subsidy Exclusions are permissible when calculating income, (e.g., dependents, disability, elderly, and child care). Utility allowances are permissible when calculating rent. 18. Applicants whose subsidy calculations is less than $50.00 per month is not eligible to receive TBRA. 19. Applicants whose tenant calculations is less than $5.00 per month is not eligible to receive TBRA. 20. The Grantee shall receive an initial $5,000.00 advance for operating expenses. These funds may be used to pay for security deposits, utility deposits and the tenants' initial month's pro -rated rent subsidy. The Grantee shall ensure that any security or utility deposit amount provided under this program must be refundable by the landlord to the Grantee not to the tenant. The Grantee may then elect to remit the recovered deposits to the tenant or use the funds to provide additional rental assistance in accordance with the Grantee's established operating procedures. Additional funds may be requested once the initial $5,000.00 is committed or expended. Upon request of additional funds, the Grantee may be asked to submit proof to the Corporation of disbursement of the initial $5,000.00. The Grantee shall return all unused funds to the Corporation upon termination of this Agreement. 21. in addition, the Grantee shall receive an administrative fee (the "Fee") of 10% of the funds drawn. Such HOME funds shall be used by the Grantee in accordance with the activities listed and budgeted herein. Administrative funds will be disbursed for actual costs incurred in the administration of this contract. Prior to payment of the Fee, the Grantee must submit to the Corporation the required documentation listed in Section 5 herein. Documentation that supports the utilization of administrative funds must be maintained. 22. issues not covered in this agreement are to be handled in accordance with HUD 24 CFR Part 92. Florida Housing Finance Corporation Page 2 Attachment A (Rev. 06114) 67-48.018(3)(a),F.A.C. ATTACHMENT 2 327 DATE: I. Aualicant Information Name of Head of Household: # of persons in household: TBRA APPLICANT INTAKE (Completed by Participating Agency (PHA) NAME of PHA: Gross Annual Household Income: Contact Phone #: Is gross annual household income less than 80% of area median income based on household size? Yes or No If No, STOP, Applicant does not qualify. Proof of displacement: FEMA certification (Obtain copy) or Other (Explain) Previous Address: If displaced by hurricane and no FEMA certification exists, PHA roust verify (visual Inspection) that the residence is no longer habitable Verified? (circle out) Yes No Not Applicable (FEMA certification attached) it. Landlord Information Name: Contact Phone #: Mailing Address: Payment Method Preferred by Landlord: Direct Deposit Mail Check III. Rental Unit Information Address: County: # of Bedrooms: Monthly TBRA Rent: Monthly Tenant Rent: Move In Date: Security Deposit Paid by PHA: Prorated First Months Rent Paid by PHA: IV. Particinatine Agency Certification As a representative of the Participating Agency, I hereby certify that: 1. An inspection of the property referenced in Section III was conducted on _ by a representative of our agency and that the unit meets HUD Housing Quality Standards (HQS). 2. Both parties are aware that this is temporary assistance for a period not to exceed 12 months, both parties are aware they are obligated to notify the PHA within 10 days in the event the tenant moves out of the unit. A lease addendum has been executed between the tenant and the landlord, Name of Agency Representative Title Signature Date Attachments: FEMA Certification of Displacement (unless not applicable), Tenant Income Certification (TIC). Florida Housing Finance Corporation Page I Attachment A, Exhibit I (Rev. 06114) 67-48.018(3)(a),F.A.C. ATTACHMENT 2 328 TENANT INCOME CERTIFICATION - TBRA Property Name/Address: Effective Date Unit # 4 Bedrooms: County HOUSEHOLD COMPOSITION HH # Name Sex Relationship DOB Head of Occupation of Social Security # Household Head Code 1 HEAD 2 3 4 5 6 IIII of Household Codes: I — Single/non-Elderly 2 — Elderly 3 — Related/Single Parent 4 — Related/Parent 5 - Other ANNUAL INCOME (USE ANNUAL AMOUNTS) RH (A) (B) (C) (D) # Wages/Salaries Beneilts/Pensions Public Assistance Assets/Other Income Totals (E) Gross Annual Income HOUSEHOLD CERTIFICATION i/We certify that the information on this form is true and complete to the best of mylour knowledge and belief. I/We consent to the disclosure of such information to the Federal or State agency with oversight of the program(s), and to the Florida Housing Finance Corporation in its capacity to monitor the property's compliance with applicable program requirements. Signature of Lessee (Date) Signature of Lessee (Date) S ignature of Lessee (Date) Unit #: Household Name: Cross Annual Income: (from line E) Current income limit: Signature of Lessee (Date) WARNING: Section 1001 of Title 18 of the U.S. Code makes it a criminal offense to willfully fhlsify a material fact or make a false statement in any matter within the jurisdiction of a federal agency. Florida Housing Finance Corporation Page 1 Attachment A, Exhibit 2 (Rev. 06/14) 67-48.018(3)(a),F.A.C, ATTACHMENT 2 329 Eligibility Status O Income Eligible <80% Security Deposit Paid: $ BY: ❑ Tenant ❑ PHA Utility Deposit Paid: $ BY: ❑ Tenant ❑ PHA Pro -rated Rent Paid: $ BY: ❑ Tenant ❑ PHA PR Unit Rent Information a. Tenant Paid Rent: c. Housing Assistance Payment: e. Total Landlord Rent I Unit Meets Rent Restriction at Ethnicity & Race of Head of Household Circle One 11—White 12 — Black or African American 13 — Hispanic 14 — Asian 15 — American Indian or Alaska Native 16 — Native Hawaiian or Other Pacific Islander 17 — American Indian or Alaska Native & White 18 — Asian & White 19 — Black or African American & White 20 — American Indian or Alaska Native & Black or African American 21 — Other Multi Racial b. Move -in Date d. Current rent limit (FLAIR) ❑ 30% ❑ Written verification of income attached PHA CERTIFICATION I have verified the information presented on this form in accordance with the requirements of the Program and the provisions of any applicable deed restrictions. I possess the documentation necessary to support this certification/recertification. To the best of my knowledge, the information presented on this form is complete and accurate. (Signature of Owner or Authorized Reprezentative) (Printed Name) For FHFC use only (Date) (Printed Title) WARNING: Section 1001 of Title 18 of the U.S. Co& makes it a criminal offense to willfully falsify a material fact or make a JWse statement in any matter within the jurisdiction of a federal agency. Florida Housing Finance Corporation Page 2 Attachment A, Exhibit 2 (Rev. 6/14) 67-48.018(3)(x), P.A.C. ATTACHMENT 2 330 TBRA LANDLORD AGREEMENT TO PARTICIPATE (Completed by PHA and Landlord) DATE: NAME of PHA: L Landlord Information Name: Social Security # or Tax ID # Mailing Address: Telephone Number. E -Mail Address: Il. Rental Unit, Information Address: I # of Bedrooms: Monthly FHFC Rent: Monthly Tenant Rent: Move In Date: Security Deposit Paid by PHA: Prorated First Months Rent Paid by PHA: _ till. Method of Payment _ Direct Deposit (athch authorization) Mail Check (delivery date of the check is beyond the control of FHFC) IV. Landlord Certification I hereby certify that I have read and agree to participate in and comply with the Florida Housing Finance Corporation I Tenant Based Rental Assistance Program. I further certify that I agree to the following: 1. I must attach a fully executed copy of the HOME Lease Addendum to the Lease of each Tenant participating in this program. 2, (Grantee) will make rental assistance payments to me for a period of twelve months from the date of initial occupancy provided the tenant remains in the unit and the unit meets I -IUD Housing Quality Standards (HQS). I agree to notify the Grantee within ten days if the tenant moves out. I understand that if a tenant moves out before the end of the lease term, the Grantee will only pay rent through the remainder of the month in which the tenant moves. I further agree to hold harmless the Grantee for any breach of the lease, including but not limited to, tenant's failure to make monthly rental payments. 3. I am obligated to repay any amounts that I receive to which I am not entitled without demand from the Grantee. Further, I agree to make no false claims for rental assistance payments. Date: Signature of Landlord Attachments: Copy of Lease and signed HOME Lease Addendum, Direct Deposit Form Florida Housing Finance Corporation Page I Attachment A, Exhibit 3 (Rev. 6114) 67.48.018(3)(a), F.A.C. ATTACHMENT 2 331 LEASE ADDENDUM TENANT: LANDLORD: UNIT NO. & ADDRESS PARTICIPATING AGENCY ("Grantee"): This lease addendum adds the following paragraphs to the lease between the Tenant and the Landlord referred to above ("Lease"). A. Purpose of the Addendum. The Lease is hereby amended to include the provisions of this addendum because the Tenant has been approved to receive tenant based rental assistance under the Florida Housing Finance Corporation ("FHFC") Tenant -Based Rental Assistance Program ("Program"). B. Conflict with Other Provisions of the Lease. In case of any conflict between the provisions of this Addendum and other sections of the Lease, the provisions of this Addendum shall prevail. C. Rental Assistance Payment. (1) Each month the Tenant shall make a rental payment to the Landlord in the amount of $ . The Tenant is responsible for this monthly payment for the entire term of the Lease unless otherwise agreed to in writing between the Landlord and the Tenant. (2) Each month the Landlord shall collect from the Agency a rental assistance payment on behalf of the Tenant in the amount of $ . The Agency shall make this rental assistance payment to the Landlord for each month the unit is Tenant occupied, but in no case shall payments exceed 12 months from the date of initial occupancy. D. Housing Standards. The Landlord shall maintain the unit, common areas, equipment, and facilities in decent, safe and sanitary condition in accordance with HUD's Housing Quality Standards (HQS) and federal, state and local laws. E. Security Deposit. (1) The Landlord has received a deposit in the amount of $_ as a Security Deposit. The Landlord will hold this security deposit during the period the Tenant occupies the unit under the Lease. The Landlord shall comply with state and local laws regarding interest payments on security deposits. (2) After the Tenant moves out of the unit, the Landlord shall refund the full amount of the security deposit to the Agency. The Landlord may, subject to state and local laws, use the security deposit, as reimbursement for rent or any other amounts payable by the Tenant under the Lease. The Landlord shall promptly return the balance of the full amount of the security balance to the Agency. Florida Housing Finance Corporation Page I Attachment A, Exhibit 4 (Rev. 6/14) 67-48.018(3)(x), F.A.C. ATTACHMENT 2 332 G H. Rent Increases, Rent Increases during the term of the Lease are prohibited without Agency approval. Termination of Tenancy, The Landlord may evict the Tenant following applicable state and local laws. The Landlord must notify the Agency that eviction procedures have begun. Prohibited Leave Provisions. Any provision of the Lease which falls within the classifications below shall not apply and not be enforced by the Landlord: (1) Agreement to be Sued. Agreement by the Tenant to be sued, admit guilt, or to a judgment in favor of the owner in a lawsuit brought in connection with the Lease. (2) Treatment of Property. Agreement by the Tenant that the Landlord may take, hold or sell personal property of household members without notice to the Tenant and a court decision on the rights of the parties. This prohibition, however, does not apply to an agreement by the Tenant concerning disposition of personal property remaining in the housing unit ager the Tenant has moved out. The Landlord may dispose of this personal property in accordance with State Law. (3) Excusing the Owner from Responsibility. Agreement by the Tenant not to hold the Landlord or the Landlord's agents legally responsible for actions or failure to act, whether intentional or negligent. (4) Waiver of Notice. Agreement by the Tenant that the Landlord may institute a lawsuit without notice to the Tenant. (5) Waiver of Legal Proceedings. Agreement by the Tenant that the Landlord may evict the Tenant or household members without instituting a civil court proceeding in which the Tenant has the opportunity to present a defense before a court decision on the rights of both parties. (6) Waiver of a Jury Trial. Agreement by the Tenant to waive any right to a jury trial. (7) Waiver of a Right to Appeal Court Decision. Agreement by the Tenant to waive the Tenant's rights to appeal or to otherwise challenge in court a decision in connection with the Lease. (8) Tenant Chargeable with Cost of Legal Actions Regardless of Outcome. Agreement by the Tenant to pay attorney fees or other legal costs even if the Tenant wins the court proceedings by the Landlord against the Tenant. The Tenant, however, may be obligated to pay costs if the Tenant loses. Nondiscrimination. The Landlord shall not discriminate against the Tenant on the grounds of age, race, color, creed, religion, sex, handicap, national origin or familial status. Florida Housing Finance Corporation Page 2 Attachment A, Exhibit 4 (Rev. 6/14) 67-48.018(3xa), F.A.C. ATTACHMENT 2 333 TENANT SIGNATURE: By: (Print name) (Signature/Date) TENANT SIGNATURE: By: (Print name) (Signature/Date) LANDLORD SIGNATURE; By: (Print name) (Signature/Date) Florida Housing Finance Corporation Page 3 Attachment A, Exhibit 4 (Rev. 6/14) 67-48.018(3Xa), F.A.C. mucim-Hy z 334 FLORIDA HOUSING HOME Program Tenant Based Rental Assistance FINANCE CORPORATION Payment Request Form This form shall be used in requesting a drawdown Mail completed form to: of funds for Tenant Based Rental Assistance, Fill Florida Housing Finance Corporation in all appropriate blanks and type or print clearly. Attn: David Woodward This form is due by the 18"' of the month. 227 N. Bronough St., Suite 5000 Tallahassee, FL 32301-1329 Name and Address of Grantee Date of Name: Request for the month Address: IDIS Number: City: State Zip: Type Payment. Social Security 1=Initial Amount 2=0ngoing Number Tenant Name Requested 3=Final Commitment Amount Previous Disbursements (not including administration fee) Disbursement Request Balance (not including administration fee) 10% Administration Request Total Request Name of Authorized Signatory Florida Housing Finance Corporation Title Page 1 Attachment B (Rev. 6/14) 67-48.018(3Xa), F.A.C. ATTACHMENT �+ 335 Tenant Based Renta! Assistance Set-up Report HOME Program Note: Complete for all Tenant Based Rental Assistance Activities. Part A: U.S. Department of Housing OMB Approval No. 2506-0171 and Urban Development (Exp. 05/31/2007) Office of Community Planning and Development lApplupfiale Dox. lginal Submission ❑ Revision Part B: Part C: Household Characteriatica. ants—.—A. —1.1n ... h Gln i, No. 1 TonenV3 Last Name or First 5 Letters ci Leat Name No. or BRs Tenant Payment (a) Subsidy Amount (b) Total Rent (a + b) % of Area Medlan Income Hlsp Race of Head of Household Slze of House hold Head of House hold TYPO o} Contract 0 -Owner T -Tenant la HOME As. silted Tenant In HOME As - alsted Project 2 6-6 Persons 18- American Indian or Alaaks Native b White ti -a Persons of Area Median Code 17 -Asian b White 7-7 Persons 0_30% 1_-30% 18 - Black or African Ameriew 8 White 8 - e or more Persons 2 - 30 - 509A 19 - American Indian or Alaska Native 8 3 3 - 50 - 60-A Bleck or African Anlerlcen 4-80-80% 20 - Other Willi Racial 4 5 8 7 8 9 10 11 12 13 14 15 - I—- - - oy... 1 -1 Bedroom Y - yes ...... .... .w v _... 11- White or . yr nuweenwa c00e 1 - 1 Person 2-2 Bedrooms n - no 12- Black aAfrican American 2-2 Persons 3-3 Bedrooms 13 -Asian 3- 3 Persons 4 - 4 Bedrooms 14 -American Indian orAlaska Native 4 -4 Persons 5-6 or mom Bedrooms 16 -Native Hawallan or Other Pacific Islander 6-6 Persons 18- American Indian or Alaaks Native b White ti -a Persons of Area Median Code 17 -Asian b White 7-7 Persons 0_30% 1_-30% 18 - Black or African Ameriew 8 White 8 - e or more Persons 2 - 30 - 509A 19 - American Indian or Alaska Native 8 3 - 50 - 60-A Bleck or African Anlerlcen 4-80-80% 20 - Other Willi Racial Page 1 of 4 ATTACHMENT " naso OT nousehold Code 1-BMplerNon Elderly 2 - Elderly 3 - RelatediSingle Pwsrd 4 - RelslaWwo Parent 6 - Olher form HUD -40095 (02/2003) 336 Part C: (con't.) Household CharacterlstfCs. Enter one code only In each block No. Tenant's Last Name or First 5 of Last Name No. of BRs Tenant Payment (a) Subsidy Amount (b) Total Rent (a + b)Aree % of Median Income HIsP Race of Head of Household Slze of House hold Head of House holt Type of Contract 0=Owner TeTenent Is HOME As - slated Tena ntLetters in HOME As - slstetl Project 16 4 -4 Persons 5 - 5 or moreBedrooms 15 - Native Hawallan or Other Pacific lalander 5 -5 Persons 16 - American Indian or Al asks Native 8 WNW 6 - 6 Persons % of Area Median Code 17 - Aden a Wtdle 7 - 7 Persons 1- 0-30% 18 -Black or African American 6 White 17 2-30-50% 10 - American Indian or Alaska Native 9 3-50-80% Bleck or African American 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Ro. or oedroodw bode nrepamc Race or Head or nouaenoid code srze or mousenold code 1 -1 Bedroom Y - Y" 11 -vote 1 -1 Person 2-2 Bedrooms n - no 12- Black or African American 2-2 Persons 3-38 edrooms 13 - Asian 3 - 3 Persona 4 - 4 Bedrooms 14 - American Indian or Alaska Native 4 -4 Persons 5 - 5 or moreBedrooms 15 - Native Hawallan or Other Pacific lalander 5 -5 Persons 16 - American Indian or Al asks Native 8 WNW 6 - 6 Persons % of Area Median Code 17 - Aden a Wtdle 7 - 7 Persons 1- 0-30% 18 -Black or African American 6 White 8-8 or more Persons 2-30-50% 10 - American Indian or Alaska Native 9 3-50-80% Bleck or African American Page 2 of 4 Head of Household Code 1-SWOefNon Elderly 2 - £Idedy 3 - RelatedtSingle Parent 4 - Rel*Adrrwo Parent 5 -Other form HUD40095 (0212003) ATTACHMENT 2 337 4 - 60 -- 60'-A 20 - Other MA Rade) Public reporting burden for this collodion of Information Is estimated to average 15 minutes per response, including the time for reviewing Instructions, searching existing date sources, gathering and maintaining the data needed, and completing and reviewing the collection of Information. This agency may not conduct or sponsor, and a person Is not required to respond to, a oollaction of Information unless that collection displays a valid OMB oontrol number. The HOME statute Imposes a significant number of data collection and reporting requirements. This Includes Information on assisted properties, on the owner or tenants of the propertles, and on other programmatic areas. The Information will be used: 1) to assist HOME participants In managing their programs; 2) to track performance of participants in meeting fund commitment and disbursement deadlines; 3) to permit HUD to determine whether each participant meats the HOME statutory income targeting and affordability requirements; and 4) to permit HUD to determine compliance with other statutory and regulatory program requirements. This data collection is authorized under Title II of the Cranston -Gonzalez National Affordable Housing Act or related authorities. Access to Federal grant funds Is contingent on the reporting of certain activity - specific elements. Records of Information collected will be maintained by the recipients of the assistance. Information on activities and disbursements of grant funds Is public Information and is generally available for disclosure. Redplenta ere responsible for ensuring confidentially when public disclosure is not required. SenslOve Information: Some of the Information collected on this form is considered sensitive and Is protectad by the Privacy Act. The Privacy Act requires that these records be maintained with appropriate administrative, technical, and physical safeguards to ensure their security and confidentiality. In edditlon, these records should be protected against arty anlidpeted threats or hazards to their security or integrity which could result In substantial harm, embarressmank inconvenience, or unfairness to any individual on whom the Information if maintained. Recipients are responsible for ensuring confidentiality when public disdoau re Is not required. Instructions for Completing the Tenant -Based Rental Assistance Set -Up Report HOME Program Read the instructions for each item carefully before completing Part C. Household Characteristics. the form. Use a typewriter or print carefully with a ballpoint pen. Complete one line for each tenant receiving HOME tenant -based Prepare an original and one copy. Retain the copy, rental assistance from HOME funds. Applicability. This report is to be completed for each rental activity assisted with HOME funds. A single set-up report form may include up to 99 tenants so long as the term of the contract is the same for all of the tenants in the report form, For centralized State projects, the tenants must be in the same country. Timing. Data is to be entered into IDIS before funds may be drawn down for an activity. An amended set-up report form should be submitted to increase or decrease HOME funding for the activity. Part A: Activity Information 1. Name of Participant. Enter the name of the jurisdiction. 2. Project Number. Enter the activity number assigned by IDIS. 3, Particlpant's Tax ID Number. Enter the Tax (Employer) Identification Number for the participant. 4. Name & Phone Number of Person Completing Form. Enter the name and phone number, including area code, of the person to contact for further Information regarding this project. 5. HOME Funds for Activity. a. Enter the total amount of HOME funds requested for the activity. b. Enter the participant number (from item 2 of the HOME Investment Partnership Agreement for Project Areas) for each fiscal year source of HOME project funds committed for the activity. c. Enter the amount of HOME funds from each fiscal year by participant number. Part B: Activity information Items 1 and 2 must be the same for all tenants Included in a single activity set-up. 1. Term of Contract. Enter the term in months of tenant - based rental assistance activity, 2. County Code. To be completed only by States that are being administered in a centralized State HOME Program. Enter the 3 -digit county code for the county in which the project is located. 3. Number of Tenants Assisted. Enter the total number of tenants to be assisted by this activity. Tenant's Last Name or First 6 Letters of Last Name. Enter the tenant's last name if the name is 5 letters or less. Enter the first five ietters of the last name if the name is more than five letters. Number of Bedrooms. Enter V for a single room occupancy (SRO) unit or for an efficiency unit, 1 for 1 bedroom, 2 for 2 bedrooms, 3 for 3 bedrooms, 4 for 4 bedrooms, and 5 for 5 or more bedrooms. Monthly Rent (Including Utilities). Tenant Payment. Enter the actual rent to the nearest dollar, including utilities, paid by the tenant at the time of activity completion. if the rent Indudes utilities, or if the rent Includes partial utilities, e.g., heat, but not electricity, these utility costs must be added to the rent. Compute utility costs for the area (and in the case of partial utilities, compute costs for utilities excluded from the rent), by using the utility allowance schedule by the local Public Housing Authority (PHA) In accordance with form HUD - 52667, Allowance for Tenant Furnished Utilities and Other Services. HOME Subsidy Amount. Enter the amount from HOME funds that will be paid to the tenant or owner as a rent subsidy payment (including any utility allowances) to the nearest dollar, Total Rent. Enter the total monthly rent (tenant payment plus HOME subsidy amount). Note: This amount may exceed the rent paid to the owner if it includes tenant -paid utilities. Income Data. Percent of Area Median. For each occupied residential unit, enter one code only based on the following definitions: 1. 0-30 Percent of Area Median means a household whose adjusted income is at or below 30 percent of the median family income for the area, as determined by HUD with adjustments for smaller and larger families. 2. 30-60 Percent of Area Median means a household whose adjusted Income exceeds 30 percent and does not exceed 50 percent of the median family income for the area, as determined by HUD with adjustments for smaller and larger families. 3. 50-60 Percent of Area Median means a household whose adjusted income exceeds 50 percent and does not exceed �O percent of the median family Income for the area, as determined by HUD with adjustments for smaller and larger families. Page 3 of 4 forth HUD41I0095 (0212003) ATTACHMENT 44! 338 4. 60-80 Percent of Area Median means a household whose adjusted income exceeds 60 percent and does not exceed 80 percent of the median family Income for the area, as determined by HUD with adjustments for smaller and larger families. Household Data. Hispanic YIN: For each occupied residential unit, enter the ethnicity for the head of household as either "Y" for Hispanic or Latino or "N" for Not Hispanic or Latino. Hispanic or Latino race Is defined as a person of Cuban, Mexican, Puerto Rican, South or Central American, other Spanish culture or origin, regardless of race. The term, 'Spanish origin," can be used In addition to "Hispanic or Latino." Race - Head of Household: For each occupied residential unit, enter one code only based on the following definitions: 11. White. A person having origins in any of the original peoples of Europe, North Africa or the Middle East, 12. Black or African American. A person having origins in any of the black racial groups of Africa. Terms such as "Haitian" or "Negro" can be used in addition to "Black or African American." 13. Aslan. A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand and Vietnam. 14. American Indian or Alaska Native. A person having origins in any of the original peoples of North and South America (Including Central America), and who maintains affiliation or community attachment, 15. Native Hawaiian or Other Pacific Islander. A person having origins in any of the original people of Hawaii, Guam, Samoa or other Pacific Islands, 16. American Indian or Alaska Native & White. A person having these multiple race heritages as defined above. 17. Aslan & White. A person having these multiple race heritages as defined above. 18. Black or African American & White. A person having these multiple race heritages as defined above. 19. American Indian or Alaska Native & Black or African American. A person having these multiple race heritages as defined above. 20, Other Multi Racial. For reporting Individual responses that are not included In any of the other categories listed above. Size of Household. Enter the appropriate number of persons in the household: 1, 2, 3, 4, 5, 6, 7, or 8 or more persons (for households or more than 8, enter 8). Head of Household. For each residential unit, enter one code only based on the following definitions: 1. SinglelNon-Elderly. One-person household In which the person is not elderly. 2. Elderly. One or two person household with a person at least 62 years of age, 3. Related/Single Parent. A single parent household with a dependent child or children (18 years old or younger). 4. RelatedfTwo Parent. A two-parent household with a dependent child or children (18 years old or younger). 5. Other. Any household not included in the above 4 definitions, including two or more unrelated individuals. Rental Assistance: Enter one code only to indicate the type of assistance, If any, being provided to the tenant Page 4 of 4 1. Section 8. Tenants receiving Section 8 assistance through the Section 8 Certificate Program under 24 CFR part 882 or the Section 8 Housing Voucher Program under 24 CFR part 687. 2. HOME Tenant Based Rental Assistance. Tenants receiving HOME tenant -based assistance. 3. Other Assistance. Tenants receiving rental assistance through other Federal, State or local rental assistance programs. 4. No Assistance. Self-explanatory. form HUD -40098 (02/2003) ATIAMWENT 339 PART 982 -SECTION 8 TENANT BASED ASSISTANCE: HOUSING CHOICE VOUCHER PROGRAM Subpart I—Dwelling Unit: Housing Quality Standards, Subsidy Standards, Inspection and Maintenance Source: 60 FR 34695, July 3, 1995, unless otherwise noted. Sec. §982.401 Housing quality standards (HQS). (a) Performance and acceptability requirements. (1) This section states the housing quality standards (HQS) for housing assisted in the programs. (2)(i) The HQS consist of: (A) Performance requirements; and (13) Acceptability criteria or HUD approved variations in the acceptability criteria. (ii) This section states performance and acceptability criteria for these key aspects of housing quality: (A) Sanitary facilities; (13) Food preparation and refuse disposal; (C) Space and security; (D) Thermal environment; (E) Illumination and electricity; (F) Structure and materials; (G) Interior air quality; (H) Water supply; (1) Lead-based paint; ATTACHMENT Z 340 Q) Access; (K) Site and neighborhood; (L) Sanitary condition; and (M) Smoke detectors. (3) All program housing must meet the HQS performance requirements both at commencement of assisted occupancy, and throughout the assisted tenancy. (4)(i) In addition to meeting HQS performance requirements, the housing must meet the acceptability criteria stated in this section, unless variations are approved by HUD. (ii) HUD may approve acceptability criteria variations for the following purposes; (A) Variations which apply standards in local housing codes or other codes adopted by the PHA; or (B) Variations because of local climatic or geographic conditions. (iii) Acceptability criteria variations may only be approved by HUD pursuant to paragraph (a)(4)(ii) of this section if such variations either; (A) Meet or exceed the performance requirements; or (B) Significantly expand affordable housing opportunities for families assisted under the program. (iv) HUD will not approve any acceptability criteria variation if HUD believes that such variation is likely to adversely affect the health or safety of participant families, or severely restrict housing choice. (b) Sanitary facilities—(1) Performance requirements. The dwelling unit must include sanitary facilities located in the unit. The sanitary facilities must be in proper operating condition, and adequate for personal cleanliness and the disposal of human waste. The sanitary facilities must be usable in privacy. (2) Acceptability criteria. (i) The bathroom must be located in a separate private room and have a flush toilet in proper operating condition. (ii) The dwelling unit must have a fixed basin in proper operating condition, with a sink trap and hot and cold running water. (iii) The dwelling unit must have a shower or a tub in proper operating condition with hot and cold running water. ATTACHMENT 341 (iv) The facilities must utilize an approvable public or private disposal system (including a locally approvable septic system). (c) Food preparation and refuse disposal—(1) Performance requirement. (i) The dwelling unit must have suitable space and equipment to store, prepare, and serve foods in a sanitary manner. (ii) There must be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage where necessary (e.g, garbage cans). (2) Acceptability criteria. (i) The dwelling unit must have an oven, and a stove or range, and a refrigerator of appropriate size for the family. All of the equipment must be in proper operating condition. The equipment may be supplied by either the owner or the family. A microwave oven may be substituted for a tenant-supplicd oven and stove or range. A microwave oven may be substituted for an owner -supplied oven and stove or range if the tenant agrees and microwave ovens are furnished instead of an oven and stove or range to both subsidized and unsubsidized tenants in the building or premises. (ii) The dwelling unit must have a kitchen sink in proper operating condition, with a sink trap and hot and cold running water. The sink must drain into an approvable public or private system. (iii) The dwelling unit must have space for the storage, preparation, and serving of food. (iv) There must be facilities and services for the sanitary disposal of food waste and refuse, including temporary storage facilities where necessary (e.g., garbage cans). (d) Space and security—(1) Performance requirement. The dwelling unit must provide adequate space and security for the family. (2) Acceptability criteria. (i) At a minimum, the dwelling unit must have a living room, a kitchen area, and a bathroom. (ii) The dwelling unit must have at least one bedroom or living/sleeping room for each two persons. Children of opposite sex, other than very young children, may not be required to occupy the same bedroom or living/sleeping room. (iii) Dwelling unit windows that are accessible from the outside, such as basement, first floor, and fire escape windows, must be lockable (such as window units with sash pins or sash locks, and combination windows with latches). Windows that are nailed shut are acceptable only if these windows are not needed for ventilation or as an alternate exit in case of fire. (iv) The exterior doors of the dwelling unit must be lockable. Exterior doors are doors by which someone can enter or exit the dwelling unit. A17heiiMENT W"d 342 (e) Thermal environment ---(1) Performance requirement. The dwelling unit must have and be capable of maintaining a thermal environment healthy for the human body. (2) Acceptability criteria, (i) There must be a safe system for heating the dwelling unit (and a safe cooling system, where present). The system must be in proper operating condition. The system must be able to provide adequate heat (and cooling, if applicable), either directly or indirectly, to each room, in order to assure a healthy living environment appropriate to the climate. (ii) The dwelling unit must not contain unvented room heaters that burn gas, oil, or kerosene. Electric heaters are acceptable. (f) Illumination and electricity—(1) Performance requirement. Each room must have adequate natural or artificial illumination to permit normal indoor activities and to support the health and safety of occupants. The dwelling unit must have sufficient electrical sources so occupants can use essential electrical appliances. The electrical fixtures and wiring must ensure safety from fire. (2) Acceptability criteria. (i) There must be at least one window in the living room and in each sleeping room. (ii) The kitchen area and the bathroom must have a permanent ceiling or wall light fixture in proper operating condition. The kitchen area must also have at least one electrical outlet in proper operating condition. (iii) The living room and each bedroom must have at least two electrical outlets in proper operating condition. Permanent overhead or wall -mounted light fixtures may count as one of the required electrical outlets. (g) Structure and materials --{1) Performance requirement. The dwelling unit must be structurally sound. The structure must not present any threat to the health and safety of the occupants and must protect the occupants from the environment. (2) Acceptability criteria. (i) Ceilings, walls, and floors must not have any serious defects such as severe bulging or leaning, large holes, loose surface materials, severe buckling, missing parts, or other serious damage. (ii) The roof must be structurally sound and weathertight. (iii) The exterior wall structure and surface must not have any serious defects such as serious leaning, buckling, sagging, large holes, or defects that may result in air infiltration or vermin infestation, (iv) The condition and equipment of interior and exterior stairs, halls, porches, walkways, etc., must not present a danger of tripping and falling. For example, broken or missing steps or loose boards are unacceptable. ATTACHMENT , , 343 (v) Elevators must be working and safe. (h) Interior air quality—{I) Performance requirement. The dwelling unit must be free of pollutants in the air at levels that threaten the health of the occupants. (2) Acceptability criteria. (i) The dwelling unit must be free from dangerous levels of air pollution from carbon monoxide, sewer gas, fuel gas, dust, and other harmful pollutants. (ii) There must be adequate air circulation in the dwelling unit. (iii) Bathroom areas must have one openable window or other adequate exhaust ventilation. (iv) Any room used for sleeping must have at least one window. If the window is designed to be openable, the window must work. (i) Water supply—(1) Performance requirement. The water supply must be free from contamination. (2) Acceptability criteria. The dwelling unit must be served by an approvable public or private water supply that is sanitary and free from contamination. 0) Lead-based paint performance requirement. The Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead -Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations at part 35, subparts A, B, M, and R of this title apply to units assisted under this part. (k) Access performance requirement, The dwelling unit must be able to be used and maintained without unauthorized use of other private properties. The building must provide an alternate means of exit in case of fire (such as fire stairs or egress through windows). (1) Site and Neighborhood—{1) Performance requirement. The site and neighborhood must be reasonably free from disturbing noises and reverberations and other dangers to the health, safety, and general welfare of the occupants. (2) Acceptability criteria. The site and neighborhood may not be subject to serious adverse environmental conditions, natural or manmade, such as dangerous walks or steps; instability; flooding, poor drainage, septic tank back-ups or sewage hazards; mudslides; abnormal air pollution, smoke or dust; excessive noise, vibration or vehicular traffic; excessive accumulations of trash; vermin or rodent infestation; or fire hazards. (m) Sanitary condition --(I) Performance requirement. The dwelling unit and its equipment must be in sanitary condition. #611wiME14T 4 344 (2) Acceptability criteria. The dwelling unit and its equipment must be free of vermin and rodent infestation. (n) Smoke detectors performance requirement—(1) Except as provided in paragraph (n)(2) of this section, each dwelling unit must have at least one battery-operated or hard- wired smoke detector, in proper operating condition, on each level of the dwelling unit, including basements but excepting crawl spaces and unfinished attics. Smoke detectors must be installed in accordance with and meet the requirements of the National Fire Protection Association Standard (NFPA) 74 (or its successor standards). If the dwelling unit is occupied by any hearing-impaired person, - smoke detectors must have an alarm system, designed for hearing-impaired persons as specified in NFPA 74 (or successor standards), (2) For units assisted prior to April 24, 1993, owners who installed battery-operated or hard -wired smoke detectors prior to April 24, 1993 in compliance with RM's smoke detector requirements, including the regulations published on July 30, 1992, (57 FR 33846), will not be required subsequently to comply with any additional requirements mandated by NFPA 74 (i.e., the owner would not be required to install a smoke detector in a basement not used for living purposes, nor would the owner be required to change the location of the smoke detectors that have already been installed on the other floors of the unit). [60 FR 34695, July 3, 1995, as amended at 61 FR 27163, May 30, 1996; 63 FR 23861, Apr. 30, 1998; 64 FR 26646, May 14, 1999; 64 FR 49658, Sept. 14, 1999; 64 FR 50230, Sept. 15, 1999] ATYACHMEMT 345 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason Brown; County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, A ; Community Development Director THROUGH: Phil Matson, AICP; MPO Staff Director r FROM: Brian Freeman, AICP; Senior Transportation PlanIf3j-- DATE: August 8, 2016 SUBJECT: Update on Florida Department of TrVITOortation Grant for Additional Funding to Construct the New GoLine Mai ansit Hub It is requested that the information here i ed be given formal consideration by the Board of County Commissioners at its regular meet f August 16, 2016. DESCRIPTION & CONDITIONS The GoLine is India/riders, County' fixed -route public transportation system. The GoLine's Main Transit Hub is serven ro tes, which connect at the Main Transit Hub each hour. A new Main Transit Hub ins cted on a City of Vero Beach -owned parcel located at 1235 16th Street. The new tra111 consist of a 1,732 sq. ft. structure with bathrooms and open air waiting areas, 3,41of pre -manufactured aluminum structures that will provide covered walkways and sheltders, and 1.6 acres of site improvements that include parking, lighting, landscaping, and sttreatment. The primary funding source for the project is a $1,150,000 grant from the Fedeit Administration. At the July 12, 16 meeting of the Board of County Commissioners (BCC), the Board awarded the contract to co struct the new Main Transit Hub to the low bidder (Barth Construction). The low bid for the pro,Oct was $1,780,074.06, leaving a shortfall in funding of $597,073.56. At the 1me the bid results were announced, staff approached FDOT for assistance in funding the sho ll and was told that FDOT grants could pay for approximately half of that shortfall ,,a ,000). FACommunity Development\Users\MPO\Meetings\BCC\2016\transit hub grant update.doex ] 346 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason Brown; County Administrator DEPARTMENT HEAD CONCURRENCE: G Stan Boling, AI P; ommunity Development Director FROM: Phil Matson, AICP, MPO Staff Director - DATE: August 12, 2016 Director REPLACEMENT AGENDA ITEM August 16, 2016 Consent 8EE SUBJECT: Update on Florida Department of Transportation Grant for Additional Funding to Construct the New GoLine Main Transit Hub It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 16, 2016. DESCRIPTION & CONDITIONS The GoLine is Indian River County's fixed -route public transportation system. The GoLine's Main Transit Hub is served by seven routes, which connect at the Main Transit Hub each hour. A new Main Transit Hub is to be constructed on a City of Vero Beach -owned parcel located at 1235 16th Street. The new transit hub will consist of a 1,732 sq. ft. structure with bathrooms and open air waiting areas, 3,410 sq. ft. of pre -manufactured aluminum structures that will provide covered walkways and shelters for riders, and 1.6 acres of site improvements that include parking, lighting, landscaping, and stormwater treatment. The primary funding source for the project is a $1,150,000 grant from the Federal Transit Administration. At the July 12, 2016 meeting of the Board of County Commissioners (BCC), the Board awarded the contract to construct the new Main Transit Hub to the low bidder (Barth Construction). The low bid for the project was $1,780,074.06, leaving a shortfall in funding of $597,073.56. At the time the bid results were announced, staff approached FDOT for assistance in funding the shortfall and was told that FDOT grants could pay for approximately half of that shortfall ($300,000). In order to obtain that funding, the Board of County Commissioners must enter into a Public Transportation Joint Participation Agreement (JPA) with FDOT. The JPA, along with a resolution authorizing the Chairman of the Board of County Commissioners to execute the agreement, are attached to this staff report. F:\Community Development\Users\MPO\Meetings\BCC\2016\transit hub Intermodal JPA.docx 344G Execution of a Joint Participation Agreement (JPA) with FDOT is a requirement to obtain t t funding. As of the date of this report, FDOT had not yet provided staff with a JPA document bu ad made verbal commitments for providing $300,000 in additional funding subject to executi of a JPA. Staff anticipates that the JPA document will be prepared and sent to the BCC for exe ution in the very near future. Meanwhile, the Public Works Department is coordinating with the 'd awardee (Barth Construction) to move the project forward in a manner that does not jeopardize t anticipated JPA for additional funding. Consequently, the notice to proceed will be issued o ce the JPA is executed. RECOMMENDATION This is an informational item; no action is necessary. OVED AGENDA ITEM: R: aj-t-QJ iXJI\ 11�, 2,01 (P FACommunity Development\Users\MPO\Meetings\BCC\2016\transit hub grant update.docx 2 347 Indian River Co, Appr d Date Admin. Legal r — Budget Dept. Risk Mer. FACommunity Development\Users\MPO\Meetings\BCC\2016\transit hub grant update.docx 2 347 The JPA and Resolution have been reviewed by the County Attorney and found acceptable. Once the JPA is executed, the County Public Works Department will issue a Notice to Proceed to the low bidder, Barth Construction, to begin construction of the project. RECOMMENDATION Staff recommends that the BCC authorize the Chairman to execute the attached Joint Participation Agreement (JPA) and the attached Resolution associated with the JPA. ATTACHMENTS 1. FDOT Public Transportation Joint Participation Agreement 2. Authorizing Resolution for the execution of a Public Transportation Joint Participation Agreement APPROVED AGENDA ITEM: FOR: Indian River Co, Approved Date Admin. Legal Budget Dept. Risk Mer. F:\Community Development\Users\MPO\Meetings\BCC\2016\transit hub Intermodal JPA.docx 2 34l 30- 06 PUBLIC TRANSPORTATION 'ZPUB c JOINT PARTICIPATION AGREEMENT TWI OGCCATION GC — 06/2016 Page i of 17 Financial Project Number(s): F DDR FLAIR Category: o g ry' 088809 (item -segment -phase -sequence) 439989-1-94-01 Function: 215 Object Code: 751000 Federal Number: N/A Org. Code: 55042010429 Contract Number: DUNS Number: 80-939-7102 Vendor No.: VF596000674029 CFDA Number: N/A Agency DUNS No. CSFA Number: 55014 Intermodal CFDA Title: N/A CSFA Title: Development Grants THIS JOINT PARTICIPATION AGREEMENT ("Agreement"), made and entered into this day of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, ("Department"), and Indian River County Board of County Commissioners, 1801 27th Street Vero Beach, FL 32960 ("Agency"). The Department and Agency agree that all terms of this Agreement will be completed on or before December 31, 2018 and this Agreement will expire unless a time extension is provided in accordance with Section 16.00. WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the Project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under Chapter 341.053, Florida Statutes, to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement. The purpose of this Agreement is to provide for the Department's participation in To provide funding for the construction of the Vero Beach GoLine Transit Hub. and as further described in Exhibit "A" attached to and incorporated into this Agreement ("Project"), and to provide Departmental financial assistance to the Agency, state the terms and conditions upon which such assistance will be provided, and to set forth the manner in which the Project will be undertaken and completed. 1.10 Exhibits. A, B, C & D are attached and incorporated into this Agreement. 8q7 -q- I ATTAMMEW I ' ` PUBLIC TRANSPORTATION 72Pusiic JOINT PARTICIPATION AGREEMENT fRA OGCOGC CATION — 06/2016 Page 2 of 17 2.00 Accomplishment of the Project: 2.10 General Requirements. The Agency shall commence, and complete the Project, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions of this Agreement, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law. In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the Project, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency. The Agency shall initiate and prosecute to completion all proceedings necessary, including federal aid requirements, to enable the Agency to provide the necessary funds for completion of the Project. 2.40 Submission of Proceedings, Contracts and Other Documents. The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the Project as the Department may require as listed in Exhibit "C" attached to and incorporated into this Agreement. The Department has the option to require an activity report on a quarterly basis. The activity report will include details of the progress of the Project towards completion. 3.00 Total Project Cost. The total estimated cost of the Project is $600,000.00. This amount is based upon the estimate summarized in Exhibit "B" attached to and incorporated into this Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the Project and any deficits involved. 4.00 Project Costs Participation and Eligibility: 4.10 Department Participation. The Department agrees to maximum participation, including contingencies, in the Project in the amount of $300,000.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total cost shown in Exhibit "B", whichever is less. 4.11 Agency Participation (Non -State Sources). The Agency agrees to minimum participation, including contingencies, in the Project in the amount of $300,000.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of the total cost shown in Exhibit "B", whichever is more. 4.12 Federal Awards. The Agency, a non-federal entity, ❑ is ® is not a recipient of a federal award, as detailed in Exhibit "B." 4.20 Project Cost Eligibility. Project costs eligible for State participation will be allowed only from the effective date of this Agreement. It is understood that State participation in eligible Project costs is subject to: a) Legislative approval of the Department's appropriation request in the adopted work program year that the Project is scheduled to be committed; b) Availability of funds as stated in Section 15.00 of this Agreement; Approval of all plans, specifications, contracts or other obligating documents as required by the Department, and all other terms of this Agreement; c) Department approval of costs in excess of the approved funding or attributable to actions which have not received the required approval of the Department and all other terms of this Agreement; d) Department approval of the Project scope and budget (Exhibits "A" and "B") at the time appropriation authority becomes available. _ X97-R-,� PUBLIC TRANSPORTATION 72 PUBLIC JOINT PARTICIPATION AGREEMENT TRANSPORTATION occ - oenoic Page 3 of 17 4.30 Front End Funding. Front end funding ❑ is ® is not applicable. If applicable, the Department may initially pay 100% of the total allowable incurred Project costs up to an amount equal to its total share of participation as shown in paragraph 4.10. 5.00 Project Budget and Payment Provisions: 5.10 The Project Budget. Prior to the execution of this Agreement, a Project schedule of funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry out the Project, and shall incur obligations against and make disbursements of Project funds only in conformity with the latest approved schedule of funding for the Project, attached and incorporated into this Agreement as Exhibit "B." The schedule of funding may be revised by execution of a Supplemental Agreement between the Department and the Agency. The Agency acknowledges and agrees that funding for this Project may be reduced upon determination of the Agency's contract award amount. If revised, a copy of the Supplemental Agreement shall be forwarded to the Department's Comptroller. No increase or decrease shall be effective unless it complies with fund participation requirements of this Agreement and is approved by the Department's Comptroller. 5.20 Payment Provisions. Unless otherwise allowed, payment will begin in the year the Project or Project phase is scheduled in the work program as of the date of the Agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes. If the Department determines that the performance of the Agency is unsatisfactory, the Department shall notify the Agency of the deficiency to be corrected, which correction shall be made within a time -frame to be specified by the Department. The Agency shall, within sixty (60) days after notice from the Department, provide the Department with a corrective action plan describing how the Agency will address all issues of Agreement non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or Agreement non-compliance. If the corrective action plan is unacceptable to the Department, the Agency shall be assessed a non-performance retainage equivalent to 10% of the total invoice amount. The retainage shall be applied to the invoice for the then -current billing period. The retainage shall be withheld until the Agency resolves the deficiency. If the deficiency is subsequently resolved, the Agency may bill the Department for the retained amount during the next billing period. If the Agency is unable to resolve the deficiency, the funds retained may be forfeited at the end of the Agreement's term. 6.00 Accounting Records: 6.10 Establishment and Maintenance of Accounting Records. The Agency shall establish for the Project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", 2 CFR Part 225, separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "Project account." Records of costs incurred under terms of this Agreement shall be maintained in the Project account and made available upon request to the Department at all times during the period of this Agreement and for five (5) years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the Project records, together with supporting documents and records, of the Agency and all sub -consultants performing work on the Project and all other records of the Agency and sub -consultants considered necessary by the Department for a proper audit of costs. If any litigation, claim, or audit is started before the expiration of the five (5) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 6.20 Costs Incurred for the Project. The Agency shall charge to the Project account all eligible costs of the Project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 3q -7-A 3 PUBLIC TRANSPORTATION 'ZPusi°c JOINT PARTICIPATION AGREEMENT rltAOGC OGC —ATION — 06/2016 Page 4 of 17 6.30 Documentation of Project Costs. All costs charged to the Project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 6.40 Checks, Orders, and Vouchers. Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the Project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 6.50 Audits. The administration of Federal or State resources awarded through the Department to the Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or State financial assistance or limit the authority of any state agency inspector general, the State of Florida Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified below. 1. Federal Funded a) In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, monitoring procedures may include but not be limited to on-site visits by Department staff and/or other procedures including, reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to Federal awards provided through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO) or State of Florida Auditor General. b) The Agency, a non -Federal entity as defined by 2 CFR Part 200, Subpart F — Audit Requirements, as a subrecipient of a Federal award awarded by the Department through this Agreement is subject to the following requirements: 4 In the event the Agency expends a total amount of Federal awards equal to or in excess of the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, the Agency must have a Federal single or program -specific audit conducted for such fiscal year in accordance with the provisions of 2 CFR Part 200, Subpart F —Audit Requirements. Exhibit A. B, C & D to this Agreement provides the required Federal award identification information needed by the Agency to further comply with the requirements of 2 CFR Part 200, Subpart F — Audit Requirements. In determining Federal awards expended in a fiscal year, the Agency must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the Department by this Agreement. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F — Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F —Audit Requirements, will meet the requirements of this part. ii. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F — Audit Requirements. 397 -A -Y PUBLIC TRANSPORTATION 'Zrusc JOINT PARTICIPATION AGREEMENT TRANSPORTATION OGC — 062016 Page 5 of 17 iii. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, in Federal awards, the Agency is exempt from Federal audit requirements for that fiscal year. However, the Agency must provide a single audit exemption statement to the Department at FDOTSin Iq eAudit(a)dot.state.fl.us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F —Audit Requirements, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from the Agency's resources obtained from other than Federal entities). IV. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at https://harvester.census.gov/facweb/ the audit reporting package as required by 2 CFR Part 200, Subpart F — Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F — Audit Requirements. However, the Department requires a copy of the audit reporting package also be submitted to FDOTS ingleAudit(o)-dot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the, end of the audit period as required by 2 CFR Part 200, Subpart F — Audit Requirements. V. Within six months of acceptance of the audit report by the FAC, the Department will review the Agency's audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this Agreement. If the Agency fails to have an audit conducted in accordance with 2 CFR Part 200, Subpart F —Audit Requirements, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which actions may include but not be limited to the following: 1. Temporarily withhold cash payments pending correction of the deficiency by the Agency or more severe enforcement action by the Department; 2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the Federal award; 4. Initiate suspension or debarment proceedings as authorized under 2 CFR Part 180 and Federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the Federal awarding agency); 5. Withhold further Federal awards for the Project or program; 6. Take other remedies that may be legally available. vi. As a condition of receiving this Federal award, the Agency shall permit the Department, or its designee, the CFO or State of Florida Auditor General access to the Agency's records including financial statements, the independent auditor's working papers and project records as necessary. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. 3`l7 -A -S PUBLIC TRANSPORTATION 72Pusuc JOINT PARTICIPATION AGREEMENT TRANSPORTATION OGC — 06/2016 Page 6 of 17 vii. The Department's contact information for requirements under this part is as follows: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSin.gleAudit(a)dot.state.fl.us 2. State Funded a) In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Agency's use of state financial assistance may include but not be limited to on- site visits by Department staff and/or other procedures including, reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, the Department of Financial Services (DFS) or State of Florida Auditor General. b) The Agency, a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, as a recipient of state financial assistance awarded by the Department through this Agreement is subject to the following requirements: In the event the Agency meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency must have a State single or project -specific audit conducted for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit A. B, C & D to this Agreement indicates state financial assistance awarded through the Department by this Agreement needed by the Agency to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Agency shall consider all sources of state financial assistance, including state financial assistance received from the Department by this Agreement, other state agencies and other nonstate 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, the Agency shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. iii. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida Statutes. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit(a)-dot.state.fl.us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and 3q7 -A -G 0-06 PUBLIC TRANSPORTATION 'z PUB c JOINT PARTICIPATION AGREEMENT TRANSPORTATION OGC — 06/2016 Page 7 of 17 elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the Agency's resources (i.e., the cost of such an audit must be paid from the Agency's resources obtained from other than State entities). iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 FDOTSingleAudit c—Ddot.state.fl.us And State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudgen localgovt .aud.state.fl.us Any copies of financial reporting packages, reports or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. vi. The Agency, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Agency in correspondence accompanying the reporting package. vii. Upon receipt, and within six months, the Department will review the Agency's financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Department by this Agreement. If the Agency fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance. viii. As a condition of receiving state financial assistance, the Agency shall permit the Department, or its designee, DFS or the Auditor General access to the Agency's records including financial statements, the independent auditor's working papers and project records as necessary. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. 397-A-7 PUBLIC TRANSPORTATION 'ZPuauc JOINT PARTICIPATION AGREEMENT TRANSPORTATION occ - 06n016 Page 8 of 17 r 3. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department, or its designee, DFS or State of Florida Auditor General access to such records upon request. The Agency shall ensure that the audit working papers are made available to the Department, or its designee, DFS or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued unless extended in writing by the Department. 6.60 Insurance. Execution of this Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any Project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. The Department may waive or modify this section as appropriate. 7.00 Requisitions and Payments: 7.10 Action by the Agency. In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District Four Public Transportation Office 3400 W Commercial Blvd Fort Lauderdale, FL, 33309, its requisition on a form or forms prescribed by the Department, and any other data pertaining to the Project account (as defined in Paragraph 6.10 hereof) to justify and support the payment requisitions. 7.11 Deliverables. The Agency shall provide the following quantifiable, measurable and verifiable units of deliverables as established in Exhibit "A." Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. 7.12 Invoices. Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof, based on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit "A." Deliverables must be received and accepted in writing by the Department's Project Manager prior to payments. 7.13 Supporting Documentation. Supporting documentation must establish that the deliverables were received and accepted in writing by the Department and that the required minimum level of service to be performed based on the criteria for evaluating successful completion as specified in Section 2.00 and Exhibit "A" has been met. 7.14 Travel Expenses. Invoices for any travel expenses by the Agency shall be submitted in accordance with Section 112.061, Florida Statutes, and shall be submitted on the Department's Contractor Travel Form No. 300-000-06. The Department may establish rates lower than the maximum provided in Chapter 112.061, Florida Statutes. 7.15 Property Acquisition. For real property acquired, submit: a) The date the Agency acquired the real property. b) A statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. c) A statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 7.20 The Department's Obligations. Subject to other provisions of this Agreement, the Department will honor requests for reimbursement to the Agency pursuant to this Agreement. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment if: :�,U'7-A-4 5-030-06 PUBLIC TRANSPORTATION 72 PUBLIC JOINT PARTICIPATION AGREEMENT TRANSPORTATION OGC — 06/2016 Page 9 of 17 a) The Agency shall have made misrepresentation of a material nature in its application, or any supplement or amendment to its application, or with respect to any document or data furnished with its application or pursuant to this Agreement; b) There is any pending litigation with respect to the performance by the Agency of any of its duties or obligations which mayjeopardize or adversely affect the Project, the Agreement, or payments to the Project; c) The Agency shall have taken any action pertaining to the Project which, under this Agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; d) There has been any violation of the conflict of interest provisions contained in this Agreement; e) The Agency has been determined by the Department to be in default under any of the provisions of the Agreement; or f) Any federal agency providing federal financial assistance to the Project suspends or terminates federal financial assistance to the Project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all federal financial assistance as detailed in Exhibit "B." 7.30 Disallowed Costs. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Agency prior to the effective date of this Agreement, after the expiration date of this Agreement, costs which are not provided for in the latest approved scope and budget for the Project, costs attributable to goods or services received under a contract or other arrangements which have not been approved by the Department, and costs invoiced prior to receipt of annual notification of fund availability. 7.40 Payment Offset. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 8.00 Termination or Suspension of Project: 8.10 Termination or Suspension Generally. If the Agency abandons or, before completion, finally discontinues the Project; or for any other reason, the commencement, prosecution, or timely completion of the Project by the Agency is rendered improbable, infeasible, impossible, or -illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 8.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this Section 8, the Agency shall proceed promptly to carry out the actions required in such notice, which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, Project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the Project activities and contracts, and other undertakings the cost of which are otherwise includable as Project costs; and, (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the Project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 347-A, q PUBLIC TRANSPORTATION 72PUBi% JOINT PARTICIPATION AGREEMENT TRANSPORTATION OGC — 06/2016 Page 10 of 17 8.12 Access to Documents and Materials. The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency, contractor, sub -contractor, or materials vendor to comply with the provisions of Chapter 119, Florida Statutes. 9.00 Audit and Inspection. The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the Project. 10.00 Contracts of the Agency: 10.10 Third Party Agreements. The Department specifically reserves the right to review and approve any and all third party contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the disbursement of Department funds, including consultant, purchase of commodities contracts or amendments thereto. If the Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such approval, that shall be sufficient cause for nonpayment by the Department as provided in Section 7.20(c). The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. If Federal Transit Administration (FTA) funds are used in the Project, the Department must exercise the right to third party contract review. 10.20 Procurement of Personal Property and Services: 10.21 Compliance with Consultants' Competitive Negotiation Act. It is understood and agreed by the parties to this Agreement that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287.055, Florida Statutes, Consultants' Competitive Negotiation Act, the federal Brooks Act, 23 CFR 172, and 23 U.S.C. 112.. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all projects funded under this Agreement. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with Chapter 287.055, Florida Statutes, the Consultants' Competitive Negotiation Act and the federal Brooks Act. 10.22 Procurement of Commodities or Contractual Services. It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves the purchase of commodities or contractual services or the purchasing of capital equipment or the constructing and equipping of facilities, which includes engineering, design, and/or construction activities, where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Chapter 287.017, Florida Statutes, is contingent on the Agency complying in full with the provisions of Chapter 287.057, Florida Statutes. The Agency's Attorney shall certify to the Department that the purchase of commodities or contractual services has been accomplished in compliance with Chapter 287.057, Florida Statutes. It shall be the sole responsibility of the Agency to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, construction change orders, or any other agreement that would result in exceeding the current budget contained in Exhibit "B", or that is not consistent with the Project description and scope of services contained in Exhibit "A" must be approved by the Department prior to Agency execution. Failure to obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department as provided in Section 7.20(c). 10.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the Department that DBE's, as defined in 49 CFR Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. i The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance `34�- A -10 030- 06 PUBLIC TRANSPORTATION 'ZPUBLIC JOINT PARTICIPATION AGREEMENT TRANSPORTATION OGC — 06@016 Page I of 17 with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 10.40 Procurement of Construction Services. If the Project is procured pursuant to Chapter 255 for construction services and at the time of the competitive solicitation for the Project 50 percent or more of the cost of the Project is to be paid from state -appropriated funds, then the Agency must comply with the requirements of Section 255.099(1), Florida Statutes. 11.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 11.10 Equal Employment Opportunity. In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the Project, except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the Project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for Project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 11.20 Title VI - Civil Rights Act of 1964. Execution of this Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 11.30 Title VIII - Civil Rights Act of 1968. Execution of this Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601, et seq.), which among other things, prohibits discrimination in employment on the basis of race, color, national origin, creed, sex, and age. 11.40 Americans with Disabilities Act of 1990 (ADA). Execution of this Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. 11.50 Prohibited Interests. The Agency shall not enter into a contract or arrangement in connection with the Project or any property included or planned to be included in the Project, with any officer, director or employee of the Agency, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or employee's spouse or child, or any combination of them, has a material interest. a) "Material Interest" means direct or indirect ownership of more than 5% of the total assets or capital stock of any business entity. b) The Agency shall not enter into any contract or arrangement in connection with the Project or any property included or planned to be included in the Project, with any person or entity who was represented before the PUBLIC TRANSPORTATION 72 PUBLIC JOINT PARTICIPATION AGREEMENT TRANSPORTATION OGC — 06/2016 Page 11 of 17 Agency by any person who at any time during the immediately preceding two (2) years was an officer, director or employee of the Agency. c) The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any agreement between the Agency and an agency of state government. 11.60 Interest of Members of, or Delegates to, Congress or Legislature. No member or delegate to the Congress of the United States, or the State of Florida legislature, shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 12.00 Miscellaneous Provisions: 12.10 Environmental Regulations. Execution of this Agreement constitutes a certification by the Agency that the Project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 12.20 Department Not Obligated to Third Parties. The Department shall not be obligated or liable hereunder to any party other than the Agency. 12.30 When Rights and Remedies Not Waived. In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 12.40 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 12.50 Bonus or Commission. By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 12.60 State or Territorial Law. Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the Project. 12.70 Use and Maintenance of Project Facilities and Equipment. The Agency agrees that the Project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the Project facilities and equipment in good working order for the useful life of said facilities or equipment. 12.71 Property Records. The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. PUBLIC TRANSPORTATION 72PUB c JOINT PARTICIPATION AGREEMENT TRANSPORTATION occ - oenoie Page 13 of 17 12.80 Disposal of Project Facilities or Equipment. If the Agency disposes of any Project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. The Agency must remit said proportional amount to the Department within one (1) year after the official date of disposal. 12.90 Contractual Indemnity. To the extent provided by Section 768.28, Florida Statues, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. Nothing in this Agreement shall be construed as a waiver by the Agency of any sovereign immunity protections that may be provided by Section 768.28, Florida Statutes. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. 13.00 Plans and Specifications. In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, where plans and specifications have been developed, the Agency shall provide an Engineer's Certification that certifies Project compliance as listed below, or in Exhibit "C" if applicable. For the plans, specifications, construction contract documents, and any and all other engineering, construction, and contractual documents produced by the Engineer, hereinafter collectively referred to as "plans", the Agency will certify that: a) All plans comply with federal, state, and professional standards as well as minimum standards established by the Department as applicable; b) The plans were developed in accordance with sound engineering and design principles, and with generally accepted professional standards; c) The plans are consistent with the intent of the Project as defined in Exhibits "A" and "B" of this Agreement as well as the Scope of Services; and d) The plans comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations. Notwithstanding the provisions of this paragraph, the Agency, upon request by the Department, shall provide plans and specifications to the Department for review and approvals. 14.00 Project Completion, Agency Certification. The Agency will certify in writing on or attached to the final invoice, that the Project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the Project is accepted by the Agency as suitable for the intended purpose. 15.00 Appropriation of Funds: 3y-I-A-�3 PUBLIC TRANSPORTATION 'ZPUBi% JOINT PARTICIPATION AGREEMENT TRANSPORTATION OGC — 06/2016 Page 14 of 17 15.10 Contingency of Payment. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. 15.20 Multi -Year Commitment. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one (1) year, the provisions of Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." 16.00 Expiration of Agreement. The Agency agrees to complete the Project on or before December 31, 2018. If the Agency does not complete the Project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project and the procedure established in Section 8.00 of this Agreement shall be initiated. The cost of any work performed after the expiration date of this Agreement will not be reimbursed by the Department. 16.10 Final Invoice. The Agency must submit the final invoice on this Project to the Department within 120 days after the expiration of this Agreement. 17.00 Agreement Format. All words used in this Agreement in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 18.00 Execution of Agreement. This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 19.00 Restrictions on Lobbying: 19.10 Federal. The Agency agrees that no federally -appropriated funds have been paid, or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. 3q -7-A �4 PUBLIC TRANSPORTATION 72Pueuc JOINT PARTICIPATION AGREEMENT TRANSPORTATION occ-o6nole Page 15 of 17 If any funds other than federally -appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. 19.20 State. No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or a state agency. 20.00 Vendors Rights. The Agency providing goods and services to the Department should be aware of the following time frames: a) The Department has 20 days to deliver a request for payment (voucher) to DFS. The 20 days are measured from the latter of the date the invoice is received or the date the goods or services are received, inspected, and approved. Approval and inspection of goods or services shall take no longer than 20 days following the receipt of a complete and accurate invoice. b) If a payment is not available within 40 days, then a separate interest penalty at a rate established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Agency. The 40 days are measured from the latter of the date the invoice is received or the date the goods or services are received, inspected, and approved. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices that have to be returned to the Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within DFS. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850) 413- 5516. 21.00 Restrictions, Prohibits, Controls, and Labor Provisions. During the performance of this Agreement, the Agency agrees as follows, and shall require the following provisions to be included in each contract and subcontract entered into pursuant to this Agreement: a) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. b) In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed 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 construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. ,3q-74-6- PUBLIC TRANSPORTATION 72 PUBLIC PUBLIC JOINT PARTICIPATION AGREEMENT TRANSPORTATION occ - 06n016 Page 16 of 17 i c) An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non -responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. d) Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract or arrangement in connection with the Project or any property included or planned to be included in the Project in which any member, officer or employee of the Agency or the locality during tenure or for two (2) years thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract or arrangement. The Agency shall insert in all contracts entered into in connection with the Project or any property included or planned to be included in any Project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer or employee of the Agency or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. 23.00 Employment Eligibility (Using E -Verify). AgencyNendors/Contractors: a) Shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Agency during the term of the Agreement; and b) Shall expressly require any contractors and subcontractors performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the contractor or subcontractor during the Agreement term. 24.00 Inspector General Cooperation. The Parties agree to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. 25.00 Maintenance of Project. The Agency agrees to maintain any project not on the State Highway System constructed under this Agreement. 26.00 Federal Grant Number. If the Federal grant number is not available prior to execution of the Agreement, the Department may unilaterally add the Federal grant number to the Agreement without approval of the Agency and without an amendment to the Agreement. If this occurs, an updated Agreement that includes the Federal grant number will be provided to the Agency and uploaded to the Department of Financial Services' Florida Accountability Contract Tracking System (FACTS). 3L)7-/�-I(a PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT 725-030-06 PUBLIC TRANSPORTATION OGC — 06/2016 Page 17 of 17 IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY Indian River County Board of County Commissioners AGENCY NAME SIGNATORY (PRINTED OR TYPED) SIGNATURE TITLE APPROVED AS TO FORM AND LEGAL SUFFICIENCY— By DYLAN REINGOLD OOUNTY ATTORNEY DEPARTMENT DEPARTMENT OF TRANSPORTATION Stacy Miller, P.E. TITLE Director of Transportation Development LEGAL REVIEW, DEPARTMENT OF TRANSPORTATION See attached Encumbrance Form for date of Funding Approval by Comptroller 3q -7-A-( CONTRACT NO. AGREEMENT DATE: EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Indian River County Board of County Commissioners. PROJECT LOCATION: 1225 16th Street, Vero Beach, FL 31)-7-A-1'� PROJECT DESCRIPTION: To provide funding for the construction of the Vero Beach GoLine Transit Hub. SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 6.5 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. SPECIAL CONSIDERATIONS BY DEPARTMENT: Upon receipt of an invoice from the Agency, the Office of Modal Development has (10) ten working days to inspect and approve the goods and services where working days is defined as any day of the week excluding Saturday, Sunday and any legal holiday as designated in Section 110.117, Florida Statutes. 3L1-�-,A-l9 FM NO: 439989-1-94-01 CONTRACT NO.: AGREEMENT DATED: EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and the Indian River County Board of County Commissioners. I. PROJECT COST: II. PARTICIPATION: $600,000.00 Agency Participation In -Kind (Land Parcel) 50.0% or $300,000.00 Cash 0.0% or $0.00 Other 0.0% or $0.00 Maximum Department Participation Primary:(DS) (DDR) (PORB) (PORT) (DPTO) 50.0% or $300,000.00 Federal Reimburseable:(DU) (CM) (DFTA) 0.0% or $0.00 Local Reimburseable (DL) 0.0% or $0.00 TOTAL PROJECT COST: $600,000.00 3 q-7 acs FM NO.: 439989-1-94-01 CONTRACT NO.: AGREEMENT DATED: EXHIBIT "C" This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and the Indian River County Board of County Commissioners. SUBMITTAL/ CERTIFICATION RESPONSIBILITY Public Agency Consultant Selection Compliance Attorney Certification (CCNA Certification) (Para 10.21) (Chapter 287.055 F.S.) Public Agency Procurement of Commodities or Attorney Certification Contractual Services (Certification) (Para 10.22) (Chapter 287.057 F.S.) Public Agency - Annually Audit Reports (During Life of Project) (Para 6.50) As allowed herein, the parties hereby agree to establish the time for the Department to inspect and approve the goods Agency Invoicing Submittal and services from Five (5) working days to up to Twenty (20) working days after receipt of invoice. (Para 20.00) Design Submittal -Plans and Public Agency - Certification Notwithstanding the provisions of this paragraph, the Port, Specifications upon request by the Department, shall provide signed and (Certification) sealed plans and specifications to the Department for review. (Para 13.00) Department Reserves the right to review and approve any Third Party Agreements and all Third Party Agreements. (Para 10.10) Project Completion, Agency Public Agency Certification - End of Project Certification (Para 14.00) 34 -7-14-Z-' FM NO.: 439989-1-94-01 CONTRACT NO.: AGREEMENT DATED: EXHIBIT "D" INTERMODAL DEVELOPMENT PROGRAM STATE AGENCY: Florida Department of Transportation CSFA #: 55.014 TITLE: Intermodal Development Program AUTHORIZATION: Section 341.053, Florida Statutes COMPLIANCE REQUIREMENTS: Restrictions: Projects funded under the program should be consistent to the maximum extent feasible with approved local government comprehensive plans for the unit of government in which the project is located. Projects are also identified through legislative proviso. No single transportation authority or single fixed -guide way transportation system receiving funds under the Intermodal Development Program is to receive more than 33 1/3 percent of the total intermodal development funds appropriated between July 1, 1990, and June 30, 2015. Application Procedures: District Offices consult with appropriate Metropolitan Planning Organizations in urbanized areas, or Boards of County Commissioners in non -urbanized area, to identify projects that may be eligible for Intermodal Development Program funding. For each candidate project an Intermodal Project Description is prepared. Application procedures are described in the work program instructions and are established by each District. Award Procedures: District personnel are responsible for the review and approval of the intermodal projects selected for annual formula funding. 3y 7 -A -.1a RESOLUTION NO. 2016 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING THE EXECUTION OF A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION. WHEREAS, Indian River County has applied for and been allocated state mass transit capital assistance under FDOT's Intermodal Grant Program; and WHEREAS, Indian River County is eligible to receive grant funding under Title XXVI, Chapter 341 of Florida Statutes, and under 49 USC Ch. 53, Section 5307 and 49 USC 1614; and WHEREAS, the Florida Department of Transportation provides Intermodal Grant funds to Indian River County to assist in the continuance and expansion of local public transportation services. NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS: 1. That the Chairman of the Indian River County Board of County Commissioners is authorized to execute a public transportation Joint Participation Agreement with the Florida Department of Transportation to obtain $300,000 in state Intermodal Grant funds for capital assistance as part of the County's ongoing public transportation service. 2. That the Indian River County Community Development Director or his designee is authorized to furnish such additional information as the Florida Department of Transportation may require in connection with the County's Commuter Assistance Grant. THIS RESOLUTION was moved for adoption by , and the motion was seconded by , and, upon being put to a vote, the vote was as follows: Chairman Bob Solari Vice -Chairman Joseph E. Flescher CommissionerWesley S. Davis Commissioner Peter D. O'Bryan Commissioner Tim Zorc 3y7-A-�3 FACommunity Development\Users\MPO\Transit\Grants\Intermodal\Transit Hub\2016\bcc resolution.docx Page 1 of 2 ,ATTAP,RAW 2 RESOLUTION NO. 2015 - The Chairperson thereupon declared the resolution duly passed and adopted this 16th day of August , 2016. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgments, personally appeared Bob Solari, as Chairman of the Board of County Commissioners, and , as Deputy Clerk, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this _ 16th day of August , 2016. Notary Public APPROVED AS TO LEGAL SUFFICIENCY SEAL: BY: ylan Reingold, County Attorney APPROVED AS TO COMMUNITY DEVELOPMENT MATTERS BY: Stan Boling, CP, Director Community Development Department 3LI7-A-ay FACommunity Development\Users\MPO\Transit\Grants\Intermodal\Transit Hub\2016\bcc resolution.docx Page 2 of 2 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, IC Community opment Director FROM: Sasan Rohani, AICP S it Chief, Long -Range Planning DATE: August 5, 2016 SUBJECT: Consideration of the Indian River County SHIP Program Annual Report It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 16, 2016. DESCRIPTION AND CONDITIONS In the early 1990's, the State Housing Initiatives Partnership (SHIP) Program was created by the State of Florida. Through that program, the state collects documentary stamp tax revenue and allocates those funds to local governments to be used for affordable housing purposes. On April 6, 1993, the Board of County Commissioners adopted the Indian River County Local Housing Assistance Plan (Ordinance #93-13). By adopting the plan and subsequently receiving Florida Housing Finance Corporation approval of the plan, Indian River County became eligible to receive State Housing Initiatives Partnership (SHIP) Program funds. The purpose of the SHIP program is to provide affordable housing for income qualified households. As structured, the county's SHIP Program provides low interest, deferred payment, and subordinated loans to eligible extremely low income, very low income, low income, and moderate income households. Those loans are provided primarily for purchase assistance and rehabilitation assistance. As part of the SHIP purchase assistance program, private financial iftstitti6ons provide principal mortgages, while SHIP loans are generally structured as soft second mortgages. [cyf: Since SHIP is a state funded program, the SHIP program fiscal year (FY) is concurrent with the state fiscal year and runs from July 1 to June 30. Because SHIP funds provided in one fiscal year can be spent over a three fiscal year period, the county often has two or more years of SHIP funding active. For example, in the past year the county has expended funds from the following SHIP program fiscal years: FY 13/14, FY 14/15, and FY 15/16. For each fiscal year (FY), SHIP funds consist of state allocations and program income. Program income consists of SHIP loan repayments and interest earned. Attachment #1 shows historic SHIP fund information. That includes the number of loans provided to eligible applicants by fiscal year and by income category. According to SHIP Program requirements, the county must submit an annual report for each fiscal year for which SHIP funds were expended. Those reports must be signed by the Chairman of the Board of County Commissioners or his designee. For all previous fiscal years, closeout reports were previously submitted to and approved by the state. Attached to this staff report are the county's SHIP Program FY 2014-2015 and FY 2015-2016 annual reports (see attachments 2 and 3). The SHIP FY 2013-14 closeout annual report was submitted to the state in October of 2015, as it had an alternative expenditure deadline of 30 months (instead of the regular 36 month deadline). Both the FY 2014-2015 and FY 2015-2016 annual reports must be submitted to the state by September 15, 2016. ANALYSIS According to state regulations, SHIP funds must be utilized in such a manner that all state requirements and all requirements of the county's Local Housing Assistance Program are met. Among the State Housing Initiatives Partnership Program (SHIP) requirements are the following: • At least 30% of funds must be utilized by very low income (VLI) households • At least 30% of funds must be utilized by low income (LI) households • At least 65% of funds must be utilized for homeownership • At least 75% of funds must be utilized for construction, rehabilitation or emergency repair • Not more than 10% of funds may be utilized for administration costs In administering the SHIP program, the county has met all of those requirements as well as all local requirements for home ownership, credit, employment, assets, and others. Copies of the attached annual reports have been distributed to members of the county's Affordable Housing Advisory Committee, Affordable Housing Partnership Group, municipalities, and other interested persons for their review and comment. Also, a notice of the availability of the reports was posted on the county website. To date, staff has received no comments. The purpose of this staff report is to provide the Board of County Commissioners with background information and the attached SHIP annual reports, and to obtain Board authorization for the Chairman to sign the Certification Form for the attached SHIP annual reports (see attachment 4). 2 349 FUNDING The SHIP program is funded by documentary stamp tax revenues collected and distributed by the State. ALTERNATIVES The Board of County Commissioners has two alternatives with respect to the attached SHIP Annual Reports. Those are: To approve the attached SHIP Annual Reports and authorize the Chairman to sign the attached Certification Forms, allowing staff to submit the reports to the Florida Housing Finance Corporation. Not to approve the attached SHIP Annual Reports. Choosing the second alternative, however, would cause the county to become ineligible to receive additional SHIP funds. Staff supports the first alternative. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached SHIP annual reports and authorize the Chairman to sign the attached Certification form. Attachments: 1. SHIP Funds and Applicants Information Summary 2. SHIP Annual Report for FY 2014-2015 (Interim report) 3. SHIP Annual Report for FY 2015-2016 (Interim report) 4. Annual Report Certification Form Indian River Co. Approved Date Admin. Legal Budget Dept. s ello Risk Mgr. Approved Agenda Item: For: F:\Community Development\SHIP\Annual Reports\2016 AR\BCC Staff Report IRC SHIP 2016 Annual Report.doc 350 AfTACMVW 351 e ocgC,o 0000e00000�o�0000 N M N O O w r� N O N m M N M 0 0 0) V M m 0 M a CO 0) O O n f� N N N 0 01 N M V) O m N M O m N m 0 N 0 m V Qj m V7 N V) M M N O m N V m } LL a � O A U E 0 0 0 0 0 o a o 0 0 0 o a o 0 0 0 o a o 0 0 0 0 0 p o m R V1 m M M O M m Cl) _ m I� m O MV) r m m M M M M m W m n to 117 M M tD �f1 m(p M U m N M M m rh M M a n O M N N t0 N O tD N c0 n n tD t0 Qt f` N h O O M J r r M H M M N M M M N r r N N r N h Q h C N J m 1� Of m Ql N O1 0 V ''- 0 N m 0 m V 0 t` 0 M m 0 Of m 0 V) r 0( n m m V) 0 O N 0 0 O O 0 O O 0 O V) 0 M v 0 Q r a M N co m M N M to 'r M M V) M N O m M r M t` V m V O V I.- V m N M V t0 to N M w N m O N m fl V N N V 9 C A J M N Of V N M Oa r 10 O N M N N N N M N �' M (O OO M t0 O M Of (y O 1A E Z O a } p IL E H O M Q�pp N h N 10 a t0 N< V A O h 00 t0 (O O h b h d O f` fG N pp V m 0 0 O G a z a N H t0 (O N < n h �1 O M N h 00 r �- co (O �p CO n 'tt 1p t0 M 10 to r to (O to N co Ot O 1- �p f0 ) 2.0 O n p O O cC 01 M O t•i N 10 CD b N 0A tD H S n h 0( to Q• M N r �- 0/ to H M O1 r O V1 (O N N A 'tt w 0! c0 coOt t0 N O N O M h c0 1_ 0J R co O O N M 1 O Da N a .p Oi It N Ot 7 N O 10 N O c0 Ln 10 tD O r - t0 01 r O tD N O V O M N 1_ N 1` 01 r O (O 10 N 0. 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Effective Date: 11/2009 Report Status: Unsubmitted Rentals Amount Expended I Encumbered $1,771.57 Unencumbered $217,755.91 Code Strategy Amount Units AmountUnits I Units I,, Amount. Units 1 Purchase Assistance with $39,081.58 Rehab 2 6 Emergency Rehab $85,162.81 12 8 Impact Fee Loan $5,569.00 1 2 Purchase Assistance with $306,530.00 Impact Fee Loan 13 3 Rehabilitation $400,548.94 12 Homeownership Totals: $836,892.33 40 Rentals Kentai i otais: Subtotals: Additional Use of Funds Use Administrative Homeownership Counseling Admin From Program Income Admin From Disaster Funds $836,892.33 40 Expended $69,755.80 $.00 $10,976.37 $.00 Encumbered Unencumbered I Totals $917,624.50' 40 $.00 $.00 Total Revenue (Actual and/or Anticipated) for Local SHIP Trust Fund Source:of Funds Amount Expended I I Encumbered $1,771.57 Unencumbered $217,755.91 Code Strategy Amount Units I Amount I Units I Amount I Units Kentai i otais: Subtotals: Additional Use of Funds Use Administrative Homeownership Counseling Admin From Program Income Admin From Disaster Funds $836,892.33 40 Expended $69,755.80 $.00 $10,976.37 $.00 Encumbered Unencumbered I Totals $917,624.50' 40 $.00 $.00 Total Revenue (Actual and/or Anticipated) for Local SHIP Trust Fund Source:of Funds Amount State Annual Distribution $697,558.00 Program Income (Interest) $1,771.57 Program Income (Payments) $217,755.91 Recaptured Funds $.00 Disaster Funds Other Funds Page 1AT OrIVHMENi 1 352 Form SHIP AR/2009 67-37.008(3)(f), F.A.C. Effective Date: 11/2009 Carryover funds from previous year $3,878.17 " Carry Forward to Next Year: $3,339.15 Total: $920,963.65 NOTE: This carry forward amount will only be accurate when all revenue amounts and all expended, encumbered and unencumbered amounts have been added to Form 1 Form 2 Page 2 353 Form SHIP AR/2009 67-37.008(3)(0, F.A.C. Effective hate: 11/2009 Rental Unit Information Description Eff. I 1 Bed I 2 Bed I 3 Bed 4 Bed V No rental strategies are in use Recap of Fundinq Sources for Units Prnrfiirpri I'll awornninn"► Source of Funds Produced through June 30th for Units Amount of Funds Expended to Date % of Total value SHIP Funds Expended $836,892.33 35.00% Public Moneys Expended $.00 .00% Private Funds Expended $1,554,164.12 65.00% Owner Contribution $264,744.671 00% Total Value of All Units $2,391,056.45 100.00% SHIP Program Compliance Summary - Home Ownership/Construction/Rehab ute Compliance Category SHIP Funds Trust Funds % of Trust FL Stat Fund Minimum % Homeownership $836,892.33 $697,558.00 119.97% 65% Construction / Rehabilitation $836,892.33 $697,558.00 119.97% 75% Program Compliance - Income Set -Asides Income Category SHIP Funds Expended SHIP Funds Encumbered SHIP Funds Unencumbered Total of SHIP Funds Total Available Funds% Extremely Low $264,744.67 $264,744.671 28.75% Very Low $187,304.40 $187,304.40 20.34% Low $353,839.21 $353,839.21 38.42% Moderate $31,004.05 $31,004.05 3.37% Over 120%-140% $.00 .00% Totals: $836,892.33 $.00 $.00 $836,892.33 90.87% Project Funding for Expended Funds Only Income Category Total Funds Mortgages, Loans & DPL's Mortgages, Loans & DPL Unit #s Total Funds SHIP Grants SHIP Grant Unit #s Total SHIP Funds Expended Total # Units Extremely Low $264,744.67 10 $264,744.67 10 Very Low $187,304.40 9 $187,304.40 9 Low $353,839.21 19 $353,839.21 19 Moderate $31,004.05 2 $31,004.05 2 Totals: $836,892.33 40 $.00 0 $836,892.33 40 Page 3 354 Form SHIP AR/2009 67-37.008(3)0, F.A.C. Effective Date: 11/2009 Form 3 Number of Households/Units Produced Strategy List Unincorporated and Each Municipality ELI VLI Low Mod Total Purchase Assistance with Rehab Indian River County 0 0 1 0 1 Purchase Assistance with Rehab Sebastian 0 0 0 1 1 Emergency Rehab Fellsmere 0 0 1 0 1 Emergency Rehab Indian River County 1 3 3 0 7 Emergency Rehab Sebastian 1 0 1 1 3 Emergency Rehab City of Vero Beach 1 0 0 0 1 Impact Fee Loan Fellsmere 0 0 1 0 1 Purchase Assistance with Impact Fee Loan Fellsmere 0 2 1 0 3 Purchase Assistance with Impact Fee Loan Indian River County 1 1 8 0 10 Rehabilitation Fellsmere 1 0 0 0 1 Rehabilitation Indian River County 4 2 3 0 9 Rehabilitation Sebastian 1 1 0 0 2 Totals: 10 9 19 2 40 Characteristics/Age (Head of Household) Page 4 355 List Unincorporated and Each Description Municipality 0-25 26-40 .41.:= 61 62+ Total Purchase Assistance Indian River County 0 1 0 0 1 with Rehab Purchase Assistance Sebastian 0 1 0 0 1 with Rehab Emergency Rehab Fellsmere 0 0 0 1 1 Emergency Rehab Indian River County 0 0 2 5 7 Emergency Rehab Sebastian 0 1 2 0 3 Emergency Rehab City of Vero Beach 0 0 0 1 1 Impact Fee Loan Fellsmere 0 1 0 0 1 Purchase Assistance Fellsmere 0 1 2 0 3 with Impact Fee Loan Purchase Assistance Indian River County 0 9 1 0 10 with Impact Fee Loan Rehabilitation Fellsmere 0 1 0 0 1 Rehabilitation Indian River County 0 1 6 2 9 Page 4 355 Form SHIP AR/2009 67-37.008(3)0, F.A.C. Effective Date: 11/2009 Rehabilitation Sebastian 0 0 1 1 2 Totals: 0 16 14 10 40 Family Size Description List Unincorporated and Each Municipality 1 Person 2-4 People 5+ People Total Purchase Assistance with Rehab Indian River County 0 1 0 1 Purchase Assistance with Rehab Sebastian 0 1 0 1 Emergency Rehab Fellsmere 0 1 0 1 Emergency Rehab Indian River County 3 3 1 7 Emergency Rehab Sebastian 0 3 0 3 Emergency Rehab City of Vero Beach 1 0 0 1 Impact Fee Loan Fellsmere 0 0 1 1 Purchase Assistance with Impact Fee Loan Fellsmere 0 3 0 3 Purchase Assistance with Impact Fee Loan Indian River County 0 6 4 10 Rehabilitation Fellsmere 0 0 1 1 Rehabilitation Indian River County 5 4 0 9 Rehabilitation Sebastian 1 1 0 2 Totals: 10 23 7 40 Race (Head of Household) Page 5 356 List Unincorporated and Each Hisp- Amer- Description Municipality White Black anic Asian Indian Other Total,, Purchase Assistance Indian River County 1 1 with Rehab Purchase Assistance Sebastian 1 1 with Rehab Emergency Rehab Fellsmere 1 1 Emergency Rehab Indian River County 6 1 7 Emergency Rehab Sebastian 3 3 Emergency Rehab City of Vero Beach 1 1 Impact Fee Loan Fellsmere 1 1 Purchase Assistance Fellsmere 2 1 3 with Impact Fee Loan Purchase Assistance Indian River County 1 9 10 with Impact Fee Loan Rehabilitation Fellsmere 1 1 Page 5 356 Form SHIP AR/2009 67-37.008(3)(1), F.A.C. Effective Date: 11/2009 Rehabilitation Indian River County 17 Devel.MC404113 Dis- abled 1 Elderly NsamtdllyY Other btsgM Other g Rehabilitation SebastianE 0 2 0 0 0 0 2 I 01ais: 10 22 3 40 Demographics (Any Member of Household) Description. List Unincorporated and Each Municipality Farm Worker Devel.MC404113 Dis- abled Home- less Elderly NsamtdllyY Other btsgM Other Total Purchase Assistance with Rehab Indian River County 0 0 0 0 0 0 0 Purchase Assistance with Rehab Sebastian 0 0 0 0 0 0 0 Emergency Rehab Fellsmere 0 0 0 1 1 0 2 Emergency Rehab Indian River County 0 0 0 4 2 0 6 Emergency Rehab Sebastian 0 0 0 0 1 2 3 Emergency Rehab City of Vero Beach 0 0 0 0 1 0 1 Impact Fee Loan Fellsmere 1 0 0 0 0 0 1 Purchase Assistance with Impact Fee Loan Fellsmere 0 0 0 0 0 0 0 Purchase Assistance with Impact Fee Loan Indian River County 0 1 0 0 1 2 4 Rehabilitation Fellsmere 0 0 0 0 0 0 0 Rehabilitation Indian River County 0 0 0 1 1 1 3 Rehabilitation Sebastian 0 1 0 1 1 1 4 i otats: 1 2 0 7 8 6 24 Special Target Groups for Funds Expended (i.e. teachers, nurses, law enforcement, fire fighters, etc.) Set Aside Form 4 Expended Funds TargetI I Total # of. Expended Funds Exr)ende&Units:_ Page 6 357 Form SHIP AR/2009 67-37.008(3)(0, F.A.C. Effective Date: 11/2009 $836,892.00 Strategy Full Name Address City Zip Expended Unit Code Funds Counted Purchase Cledandor, 1055 Highland Drive Vero Beach 32962 $18,926.88 E] Assistance with Mamesa SW Rehab Purchase Johnson, 1373 Barber Street Sebastian 32958 $20,154.70 Assistance with Janecia Rehab Emergency Rehab Bass, Alberta 4345 82nd Street Vero Beach 32967 $5,388.90 El Emergency Rehab Coffey, 675 Kenwood Drive Vero Beach 32968 $11,183.70 El Barbara SW Emergency Rehab Cohn & 245 Manly Avenue Sebastian 32958 $10,849.35 El Carnac, Christopher and Patricia Emergency Rehab Cordle, Roy 71 N Oleander Street Fellsmere 32948 $12,498.75 and Joan Emergency Rehab Gallagher, 864 Granduer Sebastian 32958 $9,444.46 Susan and Avenue James Emergency Rehab Goncalves, 1816 Highland Drive Vero Beach 32962 $3,984.00 Alaor and Flor SW Emergency Rehab Harrington, 322 Lime Avenue Sebastian 32958 $3,482.25 El Jamie Emergency Rehab Hays, Linda 2845 Potilla Avenue Vero Beach 32960 $7,094.85 El Emergency Rehab Parker, 8726 92nd Court Vero Beach 32960 $7,998.00 E] Kenneth Emergency Rehab Parkis, 1386 14th Avenue Vero Beach 32960 $3,682.95 Lawrence Emergency Rehab Richards, Lois 145 44th Avenue Vero Beach 32968 $3,599.60 and John Emergency Rehab Steinke, Mary 8756 8th Street Vero Beach 32960 $5,956.00 El Jeannette Impact Fee Loan Gonzalez, 10058 Grace Avenue Fellsmere 32948 $5,569.00 Raul and Leticia Purchase Adderly, 2289 Waterside Lane Vero Beach 32962 $22,560.00 Assistance with Latoya SW Impact Fee Loan Purchase Collins, 10060 Grace Avenue Fellsmere 32948 $20,569.00 Assistance with Shatonya Impact Fee Loan Purchase Edden, Joel 2261 Waterside Lane Vero Beach 32962 $23,623.00 Assistance with and Marlene SW Impact Fee Loan Purchase Fenelon, 2303 Waterside Lane Vero Beach 32962 $27,560.00 El Assistance with Wendy and SW Impact Fee Loan Lucianie Purchase Guerrero, Paul 10064 Grace Avenue Fellsmere 32948 $25,569.00 Assistance with and Armelyn Impact Fee Loan 358 �%e 7 Form SHIP AR/2009 67-37.008(3)(0, F.A.C. Effective Date: 11/2009 Purchase Jordan, India 2290 Waterside Lane Vero Beach 32962 $22,100.00 El Assistance with SW Impact Fee Loan Purchase McGlown, 2262 Waterside Lane Vero Beach 32962 $22,560.00 Assistance with George and SW Impact Fee Loan Candice Purchase Nelson, Rosie 2304 Waterside Lane Vero Beach 32962 $22,100.00 Assistance with SW Impact Fee Loan Purchase Noel, Fabienne 2332 Waterside Lane Vero Beach 32962 $27,100.00 Assistance with SW Impact Fee Loan Purchase Richardson, 10062 Grace Avenue Fellsmere 32948 $25,569.00 [] Assistance with Martha Joy Impact Fee Loan Purchase Robbins, 2248 Waterside Lane Vero Beach 32962 $22,560.00 Assistance with Charmini SW Impact Fee Loan Purchase Royals, 2234 Waterside Lane Vero Beach 32962 $22,560.00 El Assistance with Nockma SW Impact Fee Loan Purchase Similien, Idalia 2317 Waterside Lane Vero Beach 32962 $22,100.00 Assistance with and Somiel SW Impact Fee Loan Figaro Rehabilitation Luna Guerrero, 49 S Mulberry Street Fellsmere 32948 $46,976.50 Ej Claudia and Fabian Rehabilitation Newsome, 4450 34th Avenue Vero Beach 32967 $11,234.50 Elizabeth Rehabilitation Baker, Beverly 4595 33rd Avenue Vero Beach 32967 $49,942.00 E] Rehabilitation Blackmon, 1210 13th Avenue Vero Beach 32962 $10,864.32 El Annie SW Rehabilitation Brooks, 2345 18th Avenue Vero Beach 32960 $43,982.85 E] Deaundra Rehabilitation Brown, 2554 2nd Street SW Vero Beach 32962 $45,407.50 Teretha Rehabilitation Crowder, Olga 775 Bayfront Terrace Sebastian 32958 $27,248.25 Rehabilitation Gonzalez, 1116 13th Avenue Vero Beach 32962 $5,085.52 Kareline SW Rehabilitation Harrington, 2495 8th Avenue SW Vero Beach 32962 $37,415.00 El Shirley Rehabilitation Hazzard, 3995 46th Street Vero Beach 32967 $49,689.50 Barbara Rehabilitation Peacock, 1354 33rd Avenue Vero Beach 32968 $27,615.00 Christina SW Rehabilitation land Thomas, Eula 101 Dahl Avenue Sebastian 32958 $45,088.00 1 1 Samuel Form 5 Indian River County 2014 Interim -1 359 paa e 8 Form SHIP AR/2009 67-37.008(3)0, F.A.C. Effective Date: 11/2009 Special Needs Breakdown SHIP Expended and Encumbered for Special Needs Applicants Code(s) Strategies Expended Amount Units Encumbered Amount Units 1 Purchase Assistance with Rehab $.00 0 $.00 0 6 Emergency Rehab $48,875.91 6 8 Impact Fee Loan $.00 0 $.00 0 2 Purchase Assistance with Impact Fee Loan $45,120.00 2 $.00 0 3 Rehabilitation $139,145.00 4 $.00 0 Special Needs Category Breakdown by Strategy Expended ` Strategies Special Needs Category Amount Units (6) Emergency Rehab Receiving Supplemental 1 $5,388.90 Security Income (6) Emergency Rehab Receiving Social Security $10,849.35 1 Disability Insurance (6) Emergency Rehab Receiving Social Security Disability Insurance $12,498.75 1 (6) Emergency Rehab Receiving Social Security 1 $9,444.46 Disability Insurance (6) Emergency Rehab Receiving Social Security 1 $7,094.85 Disability Insurance (6) Emergency Rehab Receiving Social Security 1 $3,599.60 Disability Insurance (2) Purchase Assistance Developmental Disabilities 1 $22,560.00 with Impact Fee Loan (2) Purchase Assistance Developmental Disabilities 1 $22,560.00 with Impact Fee Loan (3) Rehabilitation Developmental Disabilities 1 $11,234.50 $45,407.50 (3) Rehabilitation Receiving Social Security 1 Disability Insurance (3) Rehabilitation Receiving Social Security $37,415.00 1 Disability Insurance (3) Rehabilitation Developmental Disabilities 1 $45,088.00 Encumbered' Amount Units 360 Title: SHIP Annual Report Indian River County FY 2015/2016 Interim -2 Form 1 SHIP Distribution Summary Homeownership Code Strategy 1 Purchase Assistance with Rehab 6 Emergency Rehab 8 Impact Fee with Rehab 3 Rehabilitation 2 Purchase Assistance with Impact Fees Homeownership Totals: Rentals Forth SHIP AR/2009 67-37.008(3)0, F.A.C. Effective Date: 11/2009 Report Status: Unsubmitted Expended Amount Units Encumbered Amount Units Unencumbered Amount Units $88,193.87 4 $39,456.25 2 $75,000.00 3 $23,934.32 3 $13,512.60 1 $26,618.75 3 $.00 0 $136,104.00 24 $.00 0 $35,382.50 2 $100,000.00 2 $200,000.00 4 $.00 0 $.00 0 $25,000.00 1 $147,510.69 9 $289,072.85 29 $326,618.75 11 Kental i otals: Subtotals: $147,510.69 9 $289,072.85 29 $326,618.75 11 Additional Use of Funds Use Administrative Homeownership Counseling Admin From Program Income Admin From Disaster Funds 1 $70,640.101 $6,531.691 Encumbered Unencumbered A ,vF $289.0,72.85 2f�a8FT9l �,A0:7� m2al.8+ 5.Y .6 2.9� Totals.- 9 a .:,,,$3 i w.x2.. 6618.75. Total Revenue (Actual and/or Anticipated) for Local SHIP Trust Fund Source of Funds Amount Expended $706,401.00 EncumberedUnencumbered Program Income (Payments) $130,633.93 Code Strategy Amount Units Amount Units Amount Units Kental i otals: Subtotals: $147,510.69 9 $289,072.85 29 $326,618.75 11 Additional Use of Funds Use Administrative Homeownership Counseling Admin From Program Income Admin From Disaster Funds 1 $70,640.101 $6,531.691 Encumbered Unencumbered A ,vF $289.0,72.85 2f�a8FT9l �,A0:7� m2al.8+ 5.Y .6 2.9� Totals.- 9 a .:,,,$3 i w.x2.. 6618.75. Total Revenue (Actual and/or Anticipated) for Local SHIP Trust Fund Source of Funds Amount State Annual Distribution $706,401.00 Program Income (Interest) Program Income (Payments) $130,633.93 Recaptured Funds Disaster Funds Other Funds A�7MCHMENT 3 Page 1 361 Form SHIP AR/2009 67-37.008(3)(0, F.A.C. Effective Date: 11/2009 Carryover funds from previous year $3,339.15 * Carry Forward to Next Year: $.00 Total: $840,374.08 NOTE: This carry forward amount will only be accurate when all revenue amounts and all expended, encumbered and unencumbered amounts have been added to Form 1 Form 2 Page 2 362 Form SHIP AR/2009 67-37.008(3)(0, F.A.C. Effective Date: 11/2009 Rental Unit Information Description Eff. 1 Bed 2 Bed 3 Bed 4 Bed V No rental strategies are in use Recap of Fundina Sources for Units ProriurPri !^I avarnninn"I Source of Funds Produced through June 30th for.Units Amount of Funds Expended to Date % of Total Value SHIP Funds Expended $147,510.69 19.10% Public Moneys Expended .00% Private Funds Expended $624,872.00 80.90% Owner Contribution 34.04% .00% Total Value of All Units $772,382.69 100.00% SHIP Program Compliance Summary - Home Ownership/Construction/Rehab Compliance Category SHIP Funds: Trust Funds % of Trust Fund FL Statute M m„% Homeownership $763,202.28 $706,401.00 108.04% 65% Construction / Rehabilitation $763,202.28 $706,401.00 108.04% 75% Program Compliance - Income Set -Asides Income Category Income Category SHIP Funds Expended SHIP Funds Encumbered SHIP Funds Unencumbered Total of SHIP Funds Total Available Funds % Extremely Low Loans &SHIP $186,104.00 $100,000.00 $286,104.00 34.04% Very Low $8,166.50 $150,000.00 $158,166.50 18.82% Low $139,344.19 $63,512.60 $70,000.00 $272,856.79 32.47% Extremely Low Moderate 0 $39,456.25 $6,618.75 $46,075.00 5.48% Very Low Over 120%-140% 1 $.00 .00% Low Totals: $147,510.69 $289,072.85 $326,618.75 $763,202.29 90.82% Project Funding for Expended Funds Only Income Category Total Funds Mortgages, Total Funds SHIP Total SHIP Total # Mortgages, Loans &SHIP Grants Grant Funds Units Loans & DPL's DPL Unit #s Unit #s Expended ” „0 Extremely Low $.00 0 $.00 Very Low $8,166.50 1 $8,166.50 1 Low $139,344.19 8 $139,344.19 8 Moderate $.00 0 I VLOID. ,v i -if ,a IU.ua y Z�.uu u $147,510.69 9 Page 3 363 Form SHIP AR/2009 67-37.008(3)0, F.A.C. Effective Date: 11/2009 Form 3 Number of Households/Units Produced Totals: 0 1 8 0 9 Characteristics/Age (Head of Household) List Unincorporated and Each and Each 2-4 5+ Description Municipality Strategy Municipality ELI VLI Low Mod Total Purchase Assistance Indian River County 0 0 3 0 3 with Rehab 2 Purchase Assistance City of Vero Beach 0 1 0 Purchase Assistance City of Vero Beach 0 0 1 0 1 with Rehab Sebastian 0 2 0 2 Emergency Rehab Emergency Rehab Sebastian 0 0 2 0 2 Emergency Rehab City of Vero Beach 0 1 0 0 1 Rehabilitation Indian River County 0 0 2 0 2 Totals: 0 1 8 0 9 Characteristics/Age (Head of Household) Totals: 1 4 1 3 9 Family Size List Unincorporated .; and Each janEach 2-4 5+ Description Municipality Description �Munlcipality 0-25 26 - 40 41 - 61 62+ Total Purchase Assistance Indian River County 1 2 0 0 3 with Rehab 2 Purchase Assistance City of Vero Beach 0 1 0 Purchase Assistance City of Vero Beach 0 0 1 0 1 with Rehab Sebastian 0 2 0 2 Emergency Rehab Emergency Rehab Sebastian 0 1 0 1 2 Emergency Rehab City of Vero Beach 0 0 0 1 1 Rehabilitation Indian River County 0 1 0 1 2 Totals: 1 4 1 3 9 Family Size Totals: 3 6 0 9 Race (Head of Household) "List lti fncorpo'rated .; and Each 1 2-4 5+ Description Municipality Person People People Total Purchase Assistance Indian River County 1 2 0 3 with Rehab Other Total Purchase Assistance Indian River County 2 Purchase Assistance City of Vero Beach 0 1 0 1 with Rehab Emergency Rehab Sebastian 0 2 0 2 Emergency Rehab City of Vero Beach 1 0 0 1 Rehabilitation Indian River County 1 1 0 2 Totals: 3 6 0 9 Race (Head of Household) Page 4 364 List lnin$ porated .; and Each Hisp- Amer - Description Municipality White Black anic Asian Indian Other Total Purchase Assistance Indian River County 2 1 3 with Rehab Page 4 364 Form SHIP AR/2009 67-37.008(3)(f , F.A.C. Effective Date: 11/2009 Purchase Assistance with Rehab City of Vero Beach 1 0 0 0 0 0 1 Emergency Rehab Sebastian 2 0 0 0 0 0 2 Emergency Rehab City of Vero Beach 1 0 0 0 0 0 1 Rehabilitation Indian River County 1 1 2 Totals: Demographics (Any Member of Household) 7 1 1 0 0 0 9 Totals: 3 2 1 6 Special Target Groups for Funds Expended (i.e. teachers, nurses, law enforcement, fire fighters, etc.) Set Aside Form 4 Special Target Group Total # of xpRded Fun44 Expended Units Page 5 365 List Unincorporated Devel. and Each Farm Dis- Home - Description Municipality Worker abled less Elderly, Other Other Total Purchase Assistance Indian River County 0 with Rehab Purchase Assistance City of Vero Beach 0 with Rehab Emergency Rehab Sebastian 2 1 3 Emergency Rehab City of Vero Beach 1 1 Rehabilitation Indian River County 1 1 1 2 Totals: 3 2 1 6 Special Target Groups for Funds Expended (i.e. teachers, nurses, law enforcement, fire fighters, etc.) Set Aside Form 4 Special Target Group Total # of xpRded Fun44 Expended Units Page 5 365 Form SHIP AR/2009 67-37.008(3)(0, F.A.C. Fffarti— h.tm 11 nnnn Furin Page 6 366 Form SHIP AR/2009 67-37.008(3)(1], F.A.C. Effective Date: 11/2009 Special Needs Breakdown SHIP Expended and Encumbered for Special Needs Applicants Code(s) Strategies Expended Amount Units Encumbered Amount Units 1 Purchase Assistance with Rehab Amount Units Receiving Supplemental 1 6 Emergency Rehab $17,933.00 2 8 Impact Fee with Rehab 1 Security Income 3 Rehabilitation $19,039.00 1 $100,000.00 2 Special Needs Category Breakdown by Strategy Strategies (6) Emergency Rehab (6) Emergency Rehab (3) Rehabilitation (3) Rehabilitation (3) Rehabilitation LG Submitted Comments: Page 7 367 Expended Encumbered Special Needs Category Amount $9,766.50 Units Amount Units Receiving Supplemental 1 Security Income $8,166.50 Receiving Supplemental 1 Security Income $19,039.00 Receiving Supplemental 1 Security Income Receiving Supplemental $50,000.00 1 Security Income Receiving Social Security $50,000.00 1 Disability Insurance LG Submitted Comments: Page 7 367 State Housing Initiatives PartnershipASHIPjProgram Annual ftgpqq and Local Housing Incentives Certification On Behalf of Indian River (Local Government), I hereby certify that: 1. The Annual Report information submitted electronically to Florida Housing Finance Corporation is true and accurate for the closeout year and interim years 2014-2015 & 2015-2016 . 2. The local housing incentives or local housing incentive plan have been implemented or are in the process of being implemented. Including, at a minimum: Permits as defined in s.163.3164 (15) and (16) for affordable housing projects are expedited to a greater degree than other projects; and There is an ongoing process for review of local policies, ordinances, regulations, and plan provisions that increase the cost of housing prior to their adoption. The cumulative cost per newly constructed housing per housing unit, from these actions is estimated to be $ 0.00 4. The cumulative cost per rehabilitated housing per housing unit, from these actions is estimated to be 0.00 Staff Member responsible for submitting annual report to FHFC: Sasan Rohani Witness Signature Witness Printed Name Witness Signature Witness Printed Name or Signature Date Date Date Chief Elected Official or Designee Signature Date Soh Solari Chief Elected Official or Designee Printed Name AN,ROYEb AS TO 3l' �... _ V1 ,1 k,!. +1I t;. 00r -AAL DE* U". f C^UUV Ari aC-F1'lc ATTEST (Seal) 420.9075 (10) Each county or eligible municipality shall submit to the corporation by September 15 of each year a report of its affordable housing programs and accomplishments through June 30 immediately preceding submittal of the report. The report shall be certified as accurate and complete by the local government's chief elected official or his or her designee. Transmittal of the annual report by a county's or eligible municipality's chief elected official, or his or her designee, certifies that the local housing incentive strategies, or, if applicable, the local housing incentive plan, have� � dor a in the process of368 being implemented pursuant to the adopted schedule for implementation. �j�jj��Il���� CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: August 3, 2016 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator l Michael Smykowski, Budget Director FROM: Jennifer Hyde, Purchasing Manager/ SUBJECT: Declaration of Fleet 343/Asset 22579 Surplus and Authorization for Disposition BACKGROUND On July 18, 2016 Fleet 343, a 2005 Chevy Silverado belonging to the Engineering Division was found to have been vandalized and the interior of the cab to be damaged to an extent the vehicle is not suitable for use. An initial attempt to remedy the damage was made by Accident Scene Cleaners (ACS), at a cost of $600.00. Additional cleaning to facilitate the possible return of the truck to service would require removal of the seats and replacement of the headliner, floor covering, interior door covers and possibly the a/c evaporator, at a cost estimated to be $3,000 to $5,000. The odometer currently reads over 98,000 miles and there is no residual value associated with the asset. Similar models with intact and undamaged cabs have recently sold at County auctions for $1,500.00 to $3,300.00. EVALUATION Staff believes it is in the County's best interest to withhold any further investment in the repair of the truck and to sell it quickly to have it, and the still present residual effects of the vandalism, removed from County property. A live auction is not currently planned until late this year or early next year. The Board is authorized at its discretion under F.S. 274.06 to dispose of property "for value to any person" and for property valued below $5,000 "in the most efficient and cost-effective means as determined by the governmental unit." There are several options available to the Board. The owner of Accident Scene Cleaners notified Mr. Dominic Lies about the vehicle and our intent to possibly surplus. Mr. Lies inspected the vehicle and has made a written cash offer to purchase the vehicle in its current condition for $1,000.00. 369 CONSENT The Purchasing Division was authorized by the Board to dispose of smaller surplus items, such as office equipment and furniture through online auction and has accounts set up with GovDeals and Public Surplus. These sites are the primary method of disposal of surplus items, including vehicles, for both the City of Vero Beach and the School District of Indian River County. A similar model truck with significant cosmetic issues was recently sold on GovDeals.com by a central Florida agency "for parts only' at a price of $1,107.00. FUNDING No advertising or funding is required, as the value of the vehicle is below $5,000.00. RECOMMENDATION Staff recommends the Board designate parcel Fleet 343/Asset 22579 as surplus to the County's needs and authorize the Purchasing Division to sell it via online auction. ATTACHMENTS Excess Property Disposal Form Written Offer from Mr. Lies APPROVED AGENDA Indian River Co Approved-J_Date By:L Admin JasonBro n, County Administrator Legal Budget Department FOR: Rust 16, 2016 Risk Manager ,pty_ 370 INDIAN RIVER COUNTY FORM FOR DISPOSAL/TRANSFER OF EXCESS PROPERTY • TO: Raeanne Cone, Finance Department DATE: 8/1/2016 SUBJECT: Disposal/Transfer of Excess Property FROM: Public Works Check One: Surplus X Transfer Trade -In Non -Capital Missing/Stolen Asset Number: 22579 Department: Engineering Fleet Number: 343 Serial Number: 1GCEC14X05Z326586 Description: 2005 Chevy Silverado Do you have possession of the asset? Yes X No If Lost/Missing has a police report been filed? Yes No If yes, please attach a copy of the police report. If no, state reason: Is the item functional/WORK/NG CONDITION and could be used by another department? Yes No X If not in working condition, description of problems with item: Vandalized - extensive damage to cab interior If transfer, department transferred to: Contact Person: Jerry Driskell Telephone Number: 770-5096 Physical Location of asset: Fleet Management (The above information will aid Purchasing and Facilities Management in the process of equipment removal from department). If asset will be replaced, please answer the following: Purchase Ordyy< erjor Replacement: TBD - FY 16/17 Approval Cap—tial (� Approval Supervts Approval Director Custodian anager If asset transfer, approval of department receiving asset : Approval Director Additional Comments: To be completed by Budget Department: Approved for: Surplus Transfer Trade -In Budget Director Date Replacement Received811411 Date Date Replacement Date Date Date IT IS THE DISPOSING DEPARTMENT'S RESPONSIBILITY TO KEEP THE ITEM UNTIL FACILITIES MANAGEMENT CAN PICK UP. DO NOT REMOVE PROPERTY FROM YOUR LOCATION WITHOUT PROPER AUTHORIZATION FOR DISPOSAL. This form is to be used for all property with or without an asset number assigned. Please attach a copy of this form securely to the item being disposed of. All other forms for disposal/transfer of property now obsolete. Revised: August 2015 371 Dominic Lies 2745 SW District Avenue Fort St. Lucie, Florida 34953 (772) 607-4423 August 1, 2016 VIA EMAIL: purchasin - rLir egovxom Indian River Purchasing ATTN: Jennifer Hyde 180027 1h Street Vero Beach, FL 32966 Re: Truck #343 Dear Ms. Hyde This will confirm my conversation with you this morning regarding my interest in purchasing truck number 343 from the county. I would be willing to offer $1,000 cash for the purchase of' the truck in its "as is" condition. I would very much appreciate your presenting this offer to the appropriate entity. If you or someone would like to speak to me, or have any questions or concerns, I can easily be reached at the above cell phone number. Any and all considerations to the above offer would be greatly appreciated. Thank you for your time and assistance. Sincerely Dominic Lies 372 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: August 8, 2016 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, Cou ty Administrator � J Mike Smykowski, Budget Director FROM: Jennifer Hyde, Purchasing Manager CONSENT AGENDA SUBJECT: Approval of Award for Bid 2016050 — Demolition of County -Owned Building at 1990 2511 Street BACKGROUND: The Public Works Department requested the solicitation of sealed bids for the demolition of the now empty County -owned building previously leased by the School District. BID RESULTS: Bid Opening Date: August 4, 2016 Advertising Date: July 17 2016 Demandstar Broadcast to: 420 Subscribers Specifications/Plans Downloaded by: 21 Vendors Replies: 4 Vendors Bidder Location Total Bid Summit Construction of Vero Beach, LLC Vero Beach $109,000.00 The BG Group, LLC Boca Raton $199,598.00 One Call Property Services, Inc. Stuart $349,300.00 Cross Construction Services, Inc. Lutz DQ - Disclosure not Notarized ANALYSIS: The Public Works Director and Facilities Manager have reviewed the bids received and the Department has made its recommendation of award to the lowest, responsive and responsible bidder, Summit Construction of Vero Beach, LLC, for the total contract amount of $109,000.00. Bids received were higher than originally anticipated due to the amount of asbestos identified during a survey in April, and the remediation required. SOURCE OF FUNDS: Funding is available from Account # 00122019-033490. General Fund/Facilities Management/Other Contractual Services, 373 CONSENT AGENDA RECOMMENDATION: Staff recommends the Board award Bid 2016050 to Summit Construction or Vero Beach, LLC. 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 and the review and approval of the required insurance by Risk Management. Attachment: Agreement APPROVED A NDA ITEM BY: brl-- Jason E. ro , County Administrator FOR: August 16, 2016 • R�i'ri�F'/ UIII.�J 374 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 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 Summit Construction of Vero Beach, 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: Demolition of County -Owned Structure at 1990 25th 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: Demolition of 1990 25th Street Bid Number: 2016050 Project Address: 199025 1h Street, Vero Beach, FL 32960 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 90th 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 $763.00 for each calendar day that expires after the time specified in paragraph 3.02 for completion and readiness for final payment until the Work is completed and ready for final payment. Page 1 of 6 375 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: $109,000.00 Written Amount: one hundred nine thousand dollars ARTICLE 5 - PAYMENT PROCEDURES 5.01 Method of Payment Owner shall make only one payment for the entire amount of the contract when the work has been completed. Upon a determination of satisfactory completion, the COUNTY Project Manager will authorize payment to be made. All payments for services shall be made to the CONTRACTOR by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 5.02 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 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. Page 2 of 6 376 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. 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. Certificate(s) of Liability Insurance 4. Invitation to Bid and all Attachments S. Addendum Number 1; Page 3 of 6 377 6. CONTRACTOR'S Bid Form (pages 12 to 13 of 25, inclusive); 7. Bid Bond (pages 1 and 2, inclusive); 8. Affidavit of Compliance (page 14 of 25); 9. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 15 to 16 of 25, inclusive); 14. 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. Page 4 of 6 378 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. (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 180127 th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. 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. Page 5 of 6 379 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 Bob Solari, Chairman By: Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Bv: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Chris Burr Facilities Manager 4305A 43 d Ave, Vero Beach, FL 32967 772-226-3490 cburr@ircgov.com Page 6 of 6 By: (Contractor) (CORPORATE SEAL) Attest Address forgiving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 380 CONSENT INDIAN RIVER COUNTY .r OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: August 8, 2016 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Mike Smykowski, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Managed 11 SUBJECT: Ratification of Change Order to SRS Agreement for Concrete Repairs at Sandridge BACKGROUND: On June 14, 2016, Bid 2016040 for Dunes Course Golf Cart Concrete Path Repairs was awarded by the Board to SRS Services of Brooksville, Florida. On July 14, 2016, washout damage to a cart path near the 15`h Green (not part of the ongoing work) was noted, which left the path unsafe and in need of fill and replacement of concrete. A quote was obtained from SRS Services to add these repairs to the work they were about to begin on the Dunes Course in the amount of $6,996.50. A Change Order to the SRS Agreement was made and executed by the County Administrator on August 2, 2016, in accordance with Resolution 2016-058. The initial award for work at Sandridge was $77,026.10 and the change order increases to total contract price to $84,022.60. FUNDING: The additional $6,996.50 will be made available in the Golf Course Maintenance — Landscape Account, 41822172-035340. RECOMMENDATION: Staff recommends the Board of County Commissioners ratify the change order made to the SRS Agreement to facilitate the emergency repairs to the 15`h Green cart path. ATTACHMENTS: SRS Services Quote Change Order 1 to SRS Services APPROVED AG EN ITEM BY: Jason E. Brown, County Administrator FOR: Au>ust 16, 2016 r- MRAIM-0116mus 381 Jennifer Hyde From: Bela Nagy Sent: Tuesday, August 09, 2016 1:58 PM To: Jennifer Hyde Subject: FW: Change order Bela, For the area with the wash out, this is what we can do for you. Demo = 130 Linear feet @ 7 Ft wide = 910 SOFT @ $2.80 SQFT = $2,548.00 Install = 155 Linear Feet concrete path @ 7 FT wide = 1085 SQFT @ $4.11 SOFT = $4,448.50 Total: $6,996.50 Xlf&llf A19111 o,c Estimating/Sales Office - 352-345-4826 Cell - 352-835-1404 Fax — 352-593-5867 Email — SRS-Salesl srsfla.com 382 Change Order Form No. 1 DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: Indian River County CONTRACTOR At,/►`,c It- ( -Project: 6- o 1�Z� a VLI t k P9. hi pfo,ir t OWNER's Project No. � U 1 6 1p 11 U You are directed to.make the following changes in the Contract Documents: Description: �.� i; 4 I: �" �. y jn(h �1^ Ud Reason for Change Order: Arto, 40 -tic (JgkA e.� Pa 4'J,, 6,0 w,act,C: V tf,k9 +i,#. Pa S�, 4.� �►)4 /9,rI�A11� Attachments: (List documents supporting change) ap CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $ Substantial Completion: 10 j0 Net Increase (Decrease) from $ previous Change Orders No. _to Contract Price prior to this _ $ Change Order: -- Final Completion: 7U1(,.1 Net increase (decrease) of this $ Change Order: (days or dates) Substantial Completion: .t j Contract Price with all approved $ Change Orders: ACCEPTED -__ By: CONTRACfO W.fSignature) Date: T _��M,- CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days or dates) Substantial Completion: Final Completion: Net change from previous Change Orders No. to (days) Substantial Completion: -- Final Completion: Contract Time prior to this Change Order: (days or dates) Substantial Completion: .t j _ Final Completion: Net increase (decrease) this Change Order: (days or dates) Substantial Completion: I -t cka-, 5 Final Completion: Contract Time with all approved _ Change Orders: (days or dates) Substantial Completion: y Ly d"y Final Completion: RECOMMENDED: By: APPR D: By: OWNERSiZTa tuDate: change ORder - 1 383 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM �. TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Monique Filipiak, Land Acquisition Specialist SUBJECT: 43rd Avenue — Advance Acquisition of Right -Of- Way 1313 43rd Avenue, Vero Beach, FL 32960 Owner: Ventures Trust 2013 -1 -H -R by MCM Capital Partners, LLC its trustee DATE: August 8, 2016 DESCRIPTION AND CONDITIONS Ventures Trust 2013 -1 -H -R by MCM Capital Partners, LLC its trustee owns a 3.73 acres parcel of property located at 1313 43rd Avenue. Staff was recently approached by Ventures Trust's realtor Magdalena (Maggie) Zych of Alta Realty Company about the property. The parcel has a vacant residential home on it that is in disrepair and in need of rehabilitation improvements. The property has been vacant for several years. The subject property was built in 1950 and is zoned RS -3 Multiple -Family Residential District, up to 3 units/acres. To accommodate the future planned roadway and drainage improvements to 43rd Avenue (from 8th Street to 18t' Street), the County needs to acquire the complete parcel of 3.73 acres from Ventures Trust 2013 -1 -H -R By MCM Capital Partners, LLC its trustee. The County obtained an appraisal of the property on 7/28/16 from Armfield & Wagner indicating a value of $250,000. The County forwarded the Purchase and Sale Agreement to the realtor Magdalena Zych with an offer for the value of $250,000 on 8/2/16. Ventures Trust has agreed to accept the price of $250,000 and has executed the Purchase and Sell Agreement. FUNDING Funding for this expenditure is available from Optional Sales Tax/ROW/43rd Ave- 12th to 18th Street, Acct # 31521441-066120-16034 RECOMMENDATION Staff recommends the Board approve the attached Purchase Agreement and authorize the Chairman to execute the Purchase Agreement on behalf of the Board. ATTACH M FLATS One Original of the Purchase Agreement APPROVED AGENDA ITEM FOR: Indian River County Approve Date Administration Budget I' Legal ��• ttd�j, Public Works Engineering �l ust 1313 43rd Avenue\Ventures Trust BCC MEMO Agenda.doc 384 DocuSign Envelope ID: F55D53B1-DD62-4BE2-ACAA-B75FAB41FA3B ORICINAL AGREEMENT TO PURCHASE, SELL, AND LEASE REAL ESTATE BETWEEN INDIAN RIVER COUNTY AND VENTURES TRUST 2013 -1 -H -R BY MCM CAPITAL PARTNERS, LLC THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the 5 day of Aj � a:- , 2016, by and between Indian River County, a political subdivision of the State of Florida ("the County"), and Ventures Trust 2013 -1 -H -R By MCM Capital Partners, LLC its trustee ("the Seller) who agree as follows: WHEREAS, Seller owns property located at 1313 43rd Avenue, Vero Beach, Florida 32960. A legal description of the property is attached to this agreement as Exhibit "A" and incorporated by reference herein; and WHEREAS, the County is acquiring the property for a storm water retention and/or ROW for 43rd Avenue road improvements WHEREAS, in order for the County to proceed with the storm water retention and/or road improvement plans, the County needs to purchase property to be used as right-of- way; and WHEREAS, the County was contacted by the Seller's realtor, Magdalena (Maggie) Zych of Alta Realty Company to purchase right-of-way of approximately 3.73 acres of property as depicted on Exhibit "A", and WHEREAS, the County is currently purchasing property/right-of-way from willing sellers; and WHEREAS, Seller and the County by entering into this agreement for sale and purchase of the Property; NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and SELLER agree as follows: 1. Recitals. The above recitals are affirmed as being true and correct and are incorporated herein. 2. Agreement to Purchase and Sell. The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement that certain parcel of real property located at 1313 43rd Avenue, Vero Beach, Florida and more specifically described in the legal description attached as Exhibit "A", fee simple, containing approximately 3.73 acres, all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Property"). F:\EngineeringWonique Filipiak\Ventures Trust\1RC Purchase Contract Ventures Trust 03.01.16.doc 385 DocuSign Envelope ID: F55D53B1-DD62-4BE2-ACAA-B75FA841FA3B ORIGINAL 2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the Property shall be $250,000.00 (Two Hundred and Fifty Thousand and 00/100 Dollars). The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority. 3. Title. Seller shall convey marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property ("Permitted Exceptions"). 3.1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County shall within fifteen (15) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing. 4. Representations of the Seller. 4.1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 4.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County. 4.3.1 There are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 5. Default. 5.1 In the event the County shall fail to perform any of its obligations hereunder, the F:\EngineeringWonique FilipiakNentures Trust\IRC Purchase Contract Ventures Trust 08.01.16.doc U -MA DocuSign Envelope ID: F55D53B1-DD624BE2-ACAA-B75FA841FA3B ORICIyAL Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor any other person or party shall have any claim for specific performance, damages, or otherwise against the County; or (ii) waive the County's default and proceed to Closing. 5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance, damages or otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing: 6. Closing. 6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the execution of the contract by the Chairman of the Board of County Commissioners. The parties agree that the Closing shall be as follows: (a) The Seller shall execute and deliver to the County a warranty deed conveying 1X+ marketable title to the Property, free and clear of all liens anAncumbrances and in the condition required by paragraph 3. (b) The Seller Prope"d.tSeller shall deliver possession of the Property to County vacant and in the ' same or better condition that existed at the Effective Date hereof. (c) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances. (d) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County an affidavit, in a form acceptable to the County, certifying that the Seller and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. (e) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. 6.2 Taxes_ All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the Seller. 7. Closing Costs; Expenses. County shall be responsible for preparation of all Closing documents. 7.1 County shall pay the following expenses at Closing: F:\EngineeringWonique FilipiakWentirres Trust\[RC Purchase Contract Ventures Trust 08.01.16.doc 387 DocuSign Envelope ID: F55D53B1-DD62-4BE2-ACAA-B75FA841FA3B ORIGINAL 7.1.1 The cost of recording the 11warranty deed and any release or satisfaction obtained byb A4 Seller pursuant to this Agreement. 7.1.2 Documentary Stamps required to be affixed to theAwarrantydeed. 7.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 7.2 Seller shall pay the following expenses at or prior to Closing: 7.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property. 8. Miscellaneous. 8.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. 8.2 Condemnation. In the event that all or any part of the Property shall be acquired or condemned for any public or quasi -public use or purpose, or if any acquisition or condemnation proceedings shall be threatened or begun prior to the Closing of this transaction, County shall have the option to either terminate this Agreement, and the obligations of all parties hereunder shall cease, or to proceed, subject to all other terms, covenants, conditions, representations and warranties of this Agreement, to the Closing of the transaction contemplated hereby and receive title to the Property; receiving, however, any and all damages, awards or other compensation arising from or attributable to such acquisition or condemnation proceedings. County shall have the right to participate in any such proceedings. 8.3 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 8.4 Assignment and Binding Effect. Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. F:\Engineerin.Wonique FilipiakWentures Trust\IRC Purchase Contract Ventures Trust 08.01,16.doc x.16' DocuSign Envelope ID: F55D53B1-DD624BE2-ACAA-675FA841 FA313 ORIGINAL 8.5 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows: If to Seller: Ventures Trust 2013 -1 -H -R By its trustee MCM Capital Partners, LLC 7500 Old Georgetown Road — Ste 1300 Bethesda, Maryland 20814 If to County: Indian River County 1801 27th Street Vero Beach, FL. 32960 Attn: Land Acquisition/Monique Filipiak Either party may change the information above by giving written notice of such change as provided in this paragraph. 8.6 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. 8.7 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses. 8.8. Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 8.9. County Approval Required: This Agreement is subject to approval by the Indian River County as set forth in paragraph 2. 8.10 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall provide a fully completed, executed, and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286.23 prior to approval of this Agreement by the County. However, pursuant to Florida Statutes Section 286.23 (3) (a), the beneficial interest in any entity registered with the Federal Securities and Exchange Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public, is exempt from disclosure; and where the Seller is a non-public entity, that Seller is not required to disclose persons or entities holding less than five (5%) percent of the beneficial interest in Seller. F:\Engineering\Monique Filipiak\Ventures Trust\IRC Purchase Contract Ventures Trust 08.01.16.doc 389 DocuSign Envelope ID: F55D53B1-DD62-4BE2-ACAA-1375FA841FA3B ORIGINAL IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Bob Solari, Chairman Approved by BCC VENTURES TRUST 2013 -1 -H -R BY MCM CAPITAL PARTNERS, LLC DocuSigned by: 8/5/2016 By: SteETrn Date Its: Vice President for MCM Capital Partners LLC. Trustee ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Approved: -( "Jason . Brown, County Administrator Zffv For a d gal Sufficiency: County Attrney F:\EngineeringWonique Filipiak\Ventures Trust\IRC Purchase Contract Ventures Trust 08.01.16.doc 390 DocuSign Envelope ID: F55D53B1-DD624BE2-ACAA-B75FA841FA3B ORIGINAL EXHIBIT "A" INDIAN RIVER FARMS CO SUB PBS 2-25 BEG AT NE COR OF TRACT 8; TH RU N S ON E LINE OF TRACT 8 A DIST OF 345.00 FT FOR POB; RUN W & PARALLEL TO N LINE, OF TRACT 8 538.00 FT; TH SLY 647.50 FT TO A PIPE; RUN E 545.00 FT TO E LINE OF TRACT 8; TH N ON E LINE OF TRACT 8 635.0 0 FT TO POB; LESS S 315.00 FT & LESS RD R/W PER OR BK 315 PP 364 & OR BK 1231 PP 2610 Commonly known as: 1313 43rd Avenue, Vero Beach, FL 32960 Parcel ID Number: 33-39-09-00001-0080-00001.0 F:\Engineering\Monique Filipiak\Ventures Trust\IRC Purchase Contract Ventures Trust 08.01.16.doc 391 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of Public Works Division of Facilities Management DATE: August 8, 2016 TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Chris Burr, Facilities Manager SUBJECT: Work Order #3 for REI Engineers -Design and Replacement of Indian River County Health Department Roof BACKGROUND: On April 18, 2014 the Board approved a Professional Services Agreement with REI Engineers to perform roofing consulting services to include evaluations of existing roofing conditions, design solutions for remedial work, design solutions for roof replacement, preparation of design documents, and project management. On August 28, 2015 REI submitted an evaluation of the IRC Health Department roof and building envelope. This evaluation included a site visit to determine the condition of the roof and make recommendations. FUNDING: Funding is available from Optional Sales Tax/Facilities Maintenance/Health Department Roof, Acct # 31522019-066510-16028. RECOMMENDATION: After review of the evaluation report provided by REI, staff recommends that the Board approve Work Order #3 for REI Engineers to design, assist in bidding, and perform construction inspection services to replace the existing Health Department Roof, to design repairs to the building envelope as identified in the August 28, 2015 evaluation report, and authorize the Chairman to execute Work Order #3 in the lump sum amount of $28,400.00. FAPublic Works\Luanne M\Facilities Management\Agendas\REI WO 3 Health Department Roof Replacement 08-16- 16.doc 392 Page 2 Work Order #3, REI Engineers BCC Consent Agenda Item for August 16, 2016 ATTACHMENTS Work Order #3 Quote for Architectural Services from REI Engineers DISTRIBUTION REI Engineers APPROVED AGENDA ITEM Indian River County Approyk4 Administration �jDate c� // P Budget /� ' 4 /GO� Legal Purchasing Public Works 16 393 Board of County Commissioners 1801 27th Street Vero Beach, Florida 32960 Telephone: (772) S67-8000 FAX: (772)-778-9391 Professional Design Services For Indian River County Health Department Roof Replacement WORK ORDER NO. 3 (Facilities Management Division) FOR AMENDMENTTO CONTINUING CONTRACT AGREEMENT FOR PROFESSIONAL SERVICES, APRIL 18, 2014 WITH REI ENGINEERS, INC. All services performed under this contract shall be supervised and certified by a licensed Professional Engineer (PE) licensed with the State of Florida and staff employed directly with your firm. Scope of Services Indian River County is requesting that REI Engineers, Inc., prepare construction drawings consisting of roof plans and details; which depict the Scope of Work, assist in the bidding phase, and provide construction administration services for the replacement of the roof at the Indian River County Health Department, 1900 27'h Street, Vero Beach FI. The design shall also include repairs to the widow/glazing and stucco walls as outlined in "Envelope Condition Assessment" prepared by REI Engineers, Inc., on August 28, 2015. All work shall be performed in accordance with the attached Proposal dated August 2, 2016 (Exhibit A) and shall comply with Standards enumerated in the Continuing Contract Agreement for Professional Services, dated April 18, 2014. COMPENSATION. The COUNTY agrees to pay, and REI Engineers, Inc., agrees to accept, $28,400.00 for services rendered according to the Proposal dated August 2, 2016, identified in the attached EXHIBIT A, incorporated by reference herein. 394 Work Order No. 3 Indian River County Health Department — Roof Replacement August 8, 2016 IN WITNESS HEREOF the parties hereto have executed these presents This day of , 2016. OWNER REI ENGINEERS, INC. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman Scott Hinesley, President Approved by BCC Witnessed by: ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk (Printed name) Approved as to Form and Legal Sufficiency: William K. DeBraal, Deputy County Attorney r�x ♦ N11 -1r Jaso E. B own, County Administrator C:\Users\rszpyrka\Desktop\Facilities\Agenda ItemMeallh Department Roof Design\Work Order 93 for REI doc 395 REI ENGINEERS 10150 HIGHLAND MANOR DRIVE, SUITE 200, TAMPA, FL 33610 PHONE 813.944.2137 FAX 813.314.2196 August 2, 2016 Indian River County 4305A 43d Avenue, Vero Beach, FL 32967 Attention: Chris Burr Facilities Manager Reference: Proposal for Engineering Services Contract Documents and Construction Administration Health Department Roof Replacements REI Proposal No. P16TPA-011 Dear Mr. Burr: Fei Exhibit "A" In response to our recent discussions and emails, we are pleased to submit this proposal for your consideration. The roof areas outlined in this proposal include Areas A, B, C, D, E, F, G, H, I, J, and K (totaling approximately 25,000 square feet) of the facility located at 1900 27'' Street, Vero Beach, Florida. The following is an outline of the proposed services for Contract Documents and Construction Administration: I. CONTRACT DOCUMENTS A. Conduct the site visit(s) to develop detailed Contract Documents for the subject building. B. Extract roof samples to identify roof system composition and condition. Submit samples of the roof for testing, as necessary. Results of any testing will be included in the contract documents. Cored locations to be repaired with compatible materials. C. Perform the following engineering design calculations for all roof areas which will be sealed by a Licensed Engineer: 1. Determine design wind loads in accordance with ASCE 7 as required by the current edition of the State Building Code. 2. Primary and secondary (overflow) drainage for compliance with the current edition of the State Plumbing Code. 3. Existing and proposed roof system R -Value for compliance with the current edition of the State Energy Conservation Code. 4. Estimate existing and proposed roof system dead load unit weights to determine load change and the need for a structural analysis. If a structural analysis is required, REI will coordinate applicable work with a licensed Structural Engineer. The cost for the structural analysis (if necessary) is not included in this proposal. D. Prepare comprehensive scaled drawings for conditions present to ensure competitive bids are received. All plans and details to be developed on Computer Aided Drafting (AutoCAD). E. Prepare technical specifications for the removal of the existing roofing systems and installation of the insulation, new roof systems, and sheet metal for the facility. Wall and ROOFING, WATERPROOFING AND BUILDING ENVELOPE ENGINEERS AND CONSULTANTS www.reiengineers.com AN EMPLOYEE -OWNED COMPANY 396 REI Proposal No. P16TPA-011 August 2, 2016 Page 2 window repairs outlined in the document "Envelope Condition Assessment for IRC Health Department", dated August 28, 2015, will be included in the technical specifications. F. Issue preliminary Contract Documents for Owner review. Upon acceptance, final Contract Documents will be prepared and submitted. G. Provide advertisement for bids to Owner for use in advertising in accordance with applicable laws and/or submit names of three or more qualified Contractors to bid the Contract Documents. H. Hold one Pre -Bid Meeting for potential contractors to review the Contract Documents and resolve any questions that may arise during the bid stage of the project. Bids shall be analyzed and a recommendation made based on low bid, alternates, contractor's past performance and Owner's budget restrictions. Submit a certified Bid Tabulation and recommendation for award. II. CONSTRUCTION ADMINISTRATION A. Complete Owner's recommended Form of Agreement between Owner and Contractor and submit to Owner and Contractor for acceptance. B. Issue "Notice to Proceed" with Date of Commencement and construction period established. C. Review and accept, as appropriate, shop drawings and submittals as required by the Contract Documents. Return unacceptable submittals to contractor as required until compliance with specifications is realized. D. Hold a pre -construction meeting with the successful contractor to ensure a clear understanding of the plans and specifications. E. Perform quality assurance site visit once every five working days, Monday through Friday, to verify work is in compliance with the Contract Documents. Photographs will be taken as deemed necessary for documentation. REI cannot comment on work that takes place and covered while REI is not onsite. F. Prepare and submit reports from each quality assurance site visit relaying information pertaining to weather, area worked, application methods, material types installed during the site visit, and listing of non -conforming items requiring Contractor's correction. G. Certify Contractor's monthly invoicing based on status of work performed as determined from project site visits. H. Route any change orders developed to address changes to the contract requirements. I. Upon notification by the contractor that the job is substantially complete, a substantial completion inspection will be conducted with REI, Owner, Contractor and Manufacturer personnel. A punch list will be prepared to list any minor items that require further treatment. �feJ 397 REI Proposal No. P16TPA-011 August 2, 2016 Page 3 Upon notification by the contractor that the job is fully complete, a final inspection will be conducted with REI, contractor and Owner personnel. A final inspection report will be submitted upon verifying completion or if necessary, an additional punch list will be prepared. K. Upon completion of work, verify compliance of warranties, close out documents, and final billing, before forwarding to the Owner. III. PROPOSED SCOPE OF WORK A. Remove existing roof system down to the existing steel (Sectors D & H) and lightweight insulating concrete deck and provide new roof system along with sheet metal flashing and accessories to provide a complete, watertight, 20 -year warrantable roof assembly. Roof system selected will be submitted to Owner for approval. B. Perform window/glazing and stucco wall repairs as outlined in REI's Report "Envelope Condition Assessment for IRC Health Department" dated August 28, 2015. IV. ENGINEERING FEES A. Based on the anticipated scope of work for this project, the proposed engineering fees are: Contract Review Documents........................................................................ $8,950 Contract Final Documents............................................................................ $6,350 BiddingPhase............................................................................................... $1,500 Construction Administration....................................................................... $10,100 Closeout........................................................................................................ $1,500 TotalEngineering Budget..................................................................................... $28,400 V. PROJECT SCHEDULE A. Preliminary Contract Documents shall be completed within 60 days of Notice to Proceed. Final Contract Documents shall be completed and sealed within 10 days of receipt of comments. B. Construction Administration shall be performed during the estimated construction duration and the project closeout process. This work is expected to take 75 calendar days. If this proposal meets with your approval, please notify us in writing. This proposal will remain firm for a period of thirty (30) days. After that time, we reserve the right to review scheduled commitments and prices. If you have any questions regarding this matter, please do not hesitate to call. Respectfully submitted, REI Engineers Randy Moore Jr., EI Project Manager Kenneth Tyner, PE, RRC Executive Vice President 398 `= r INDIAN RIVER COUNTY, FLORIDA.._` AGENDA ITEM Department of Public Works Division of Facilities Management DATE: August 8, 2016 TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Chris Burr, Facilities Manager SUBJECT: Work Order #2 for Jay Ammon Architect, Inc. to Design the Repair and Replacement of Various Roofs at the Indian River County Jail BACKGROUND: On April 18, 2014 the Board approved a Professional Services Agreement with Jay Ammon Architect, Inc. to perform roofing consulting services to include evaluations of existing roofing conditions, design solutions for remedial work, design solutions for roof replacement, preparation of design documents, and project management. On June 19, 2015 Work Order #1 was signed by the County Administrator and issued to Jay Ammon Architect's to perform an evaluation of the IRC Jail located at 4055 41St Ave Vero Beach. This evaluation included a site visit to determine the condition of the roofs and make recommendations. FUNDING: Funding is available from Optional Sales Tax/Facilities Maintenance/Jail Roof, Acct # 31522019-066510-16030. RECOMMENDATION: Staff recommends that the Board approve Work Order #2 for Jay Ammon Architect Inc., to design, assist in bidding, and perform construction inspection services for the repair and replacement of various roofs at the IRC Jail and authorize the Chairman to execute Work Order #2 in the lump sum amount of $37,175.00. F:\Public Works\Luanne M\Facilities Management\AgendasUay Ammon Work order #2 For Jail Roof .doc 399 Page 2 Work Order #2, Jay Ammon Architect, Inc. BCC Consent Agenda Item for August 16, 2016 ATTACH M E NTS Work Order #2 Quote for Architectural Services from Jay Ammon Architect, Inc. DISTRIBUTION Jay Ammon Architect, Inc. APPROVED AGENDA ITEM FOF By: Indian River County Apprqve4 Date Administration O /I// F" Budget -1V -16 Legal �Ot I b Purchasingt, �Q Public Works 1 l( 400 Board of County Commissioners 180127th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: (772)-778-9391 Professional Design Services For Indian River County Jail — Reroofing Project WORK ORDER NO. 2 (Facilities Management Division) FOR AMENDMENT TO CONTINUING CONTRACT AGREEMENT FOR PROFESSIONAL SERVICES, APRIL 18, 2014 WITH JAY AMMON ARCHITECT, INC. All services performed under this contract shall be supervised and certified by a licensed Professional Engineer (PE) licensed with the State of Florida and staff employed directly with your firm. Scope of Services Indian River County is requesting that Jay Ammon Architect, Inc., prepare construction drawings consisting of roof plans and details; which depict the Scope of Work, assist in the bidding phase, and provide construction administration services for repair and replacement of various roofs at the Indian River County Jail, 4055 4111 Avenue, Vero Beach FI. All work shall be performed in accordance with the attached Proposal dated August 4, 2016 (Exhibit A) and shall comply with Standards enumerated in the Continuing Contract Agreement for Professional Services, dated April 18, 2014. COMPENSATION. The COUNTY agrees to pay, and Jay Ammon Architect, INC., agrees to accept, $37,175.00 for services rendered according to the Proposal dated August 2, 2016, identified in the attached EXHIBIT A, incorporated by reference herein. 401 Work Order No. 2 Indian River County Jail — Reroofing Project August 8, 2016 IN WITNESS HEREOF the parties hereto have executed these presents This day of , 2016. OWNER JAY AMMON ARCHITECT, INC. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman Approved by BCC ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Approved as to Form and Legal giency: William K. De raal, eputy County Attorney 4JaS0E.Bn, County Administrator Jay Ammon, AIA Owner Witnessed by: (Printed name) C:\Users\rszpyrka\Desktop\Facilities\Agenda ltems\lail Roof DesignMork Order #2 for Ja_v Ammon. doc 402 Exhibit "A" 'Amok MONO JAY AMMON ARCHITECT, INC. LICENSE NO. AA C002098 Date: August 4, 2016 To: Mr. Chris Burr Indian River County 4305 A 43" Avenue Vero Beach, Florida 32967 Sent Via: Email to Mr. Chris Burr at [cburr@ircgov.com] Reference: Indian River County Jail — Reroofing Project Roofing Evaluation Proposal PROPOSAL TO PROVIDE CONSULTING SERVICES Jay Ammon Architect, Inc. (Architect) proposes to provide architectural services to Indian River County (Owner), for the proposed Roofing Repairs at the Indian River County Jail (Project) and in accordance with the Project Description, Scope of Services, Time of Performance and Fees described below. This proposal is in accordance with the terms of the Continuing Contract for Professional Services between Indian River County and Jay Ammon Architect, Inc., dated February 18, 2014. Project Description: The construction consists of the repairs of the roofing assemblies of the Indian River County Jail, located at 4055 41 st Avenue, Vero Beach, Florida 32960. The repairs are described in the Roofing Evaluation Report, dated June 19, 2015 and prepared by Jay Ammon Architect, Inc. attached to this proposal as Exhibit A. Scope of Services: 1.0 Phase 1 - Roofing Evaluation: Not Included 2.0 Phase 2 - Construction Documents: 2.1 Meeting: Meet with representatives of Owner to review the scope of work, materials, and Project schedule. 2.2 Drawings: Prepare construction drawings consisting of roof plans and details; which depict the Scope of Work. 2.3 Specifications: Provide construction specifications which describe the scope of work, general requirements, and building products proposed for the facility. 2.4 Documentation: Submit one copy of the documents to the Owner. Make any mutually agreed upon changes to the documents. Also submit two signed and sealed copies of the documents to the Owner for permitting. Continued 3246 LAKEVIEW OAKS DRIVE • LONGWOOD, FLORIDA 32779 • FAX (407) 333-4686 • PHONE (407) 333-1977 403 /MMk MEMO JAY AMMON ARCHITECT, INC. LICENSE NO. AA C002098 August 4, 2016 Indian River County Jail — Reroofing Project Roofing Evaluation Proposal Page 2 of 3 3.0 Phase 2 - Bidding: 3.1 Prebid Meeting: Meet at the site with representatives of the Owner and Bidders to review the scope of work and to examine the site. 3.2 Addenda: Respond to clarifications requests from the Bidders. Issue any required addenda to the Bidders and submit a copy of the addenda to the Owner. 3.3 Bid Evaluation: Review the bids submitted to the Architect from the Owner and provide recommendations for bid award to the Owner. 4.0 Phase 3 - Construction Administration: 4.1 Pre -Construction Meeting: Attend a pre -construction meeting at the site with representatives of the Owner and the Contractor to review the contract schedule, contract requirements, staging area, and safety issues. 4.2 Submittals: Review and process product submittals, Applications for Payment, Requests for Information, Change Orders, and Supplemental Instructions, from the Contractor and distribute to the Contractor and Owner. 4.3 Construction Observations: Conduct observations at major stages of the construction. Prepare a report of each observation and submit the report to the Owner. This proposal is based upon 6 regular observations plus the following 2 close-out observations. 4.4 Substantial Completion Observation: Conduct a substantial completion observation and submit a Certificate of Substantial Completion document including a list of uncompleted Work items to the Contractor and Owner. 4.5 Final Completion Observation: Conduct a final completion observation and submit a Final Completion Report to the Contractor and Owner. 4.6 Construction Close -Out: Review the construction close-out documents submitted by the Contractor and submit a copy to the Owner. Owner Furnished Items: The Owner will furnish the following items to the Architect: 1. Available construction drawings and specifications of the building. 2. Available shop drawings and product data of the roofing components. 3. Personnel to access the building. Time of Performance: The Architect will provide the services within the following time frame except for any situations beyond the control of the Architect: Phase 1: Roofing Evaluation: Not included Phase 2: Construction Documents: 4 weeks after receipt of a Notice to Proceed from the Owner Phase 3: Bidding: 4 Weeks Phase 4: Construction Administration: Observation Reports - 2 days from observation. Continued 3246 LAKEVIEW OAKS DRIVE 0 LONGWOOD, FLORIDA 32779 O FAX (407) 333-4686 0 PHONE (407) 333-1977 404 JAY AMMON ARCHITECT, INC. LICENSE NO. AA C002098 August 4, 2016 Indian River County Jail — Reroofing Project Roofing Evaluation Proposal Page 3 of 3 Fees to Be Paid (A fee breakdown is attached): Phase 1: Roofing Evaluation: Not included $0.00 Phase 2: Construction Documents: $18,645.00 Phase 3: Bidding: $2,965.00 Phase 4: Construction Administration: $15,565.00 Total Fee: $37,175.00 Personnel and Non -personnel Expenses: The above fee includes all personnel and non -personnel expenses. Invoices: The Architect will submit an invoice to the Owner upon completion of the report. Additional Services Fees: Any additions to the scope of services and associated fees will be mutually agreed upon by the Owner and Architect, prior to the Architect performing those services. The fee for any additional service will be based upon the following rate schedule plus reimbursement for direct non - salary expenses: Principal Architect: $196/hr Project Architect: $138/hr Project Manager: $116/hr Thermographer: $112/hr Field Technician: $96/hr CAD Technician: $82/hr Construction Observer: $75/hr Secretary: $48/hr The above fees are valid through December 31, 2016. Acceptance: Acceptance of this proposal may be indicated by the signature below by an authorized representative of the Owner and the return of one executed copy of this proposal or by issuance of a purchase order to the Architect. Proposed By: By: hl C 111L_l Jay Ammon, AIA Jay Ammon Architect, Inc. Accepted By: Date: August 4, 2016 Date: Indian River County 3246 LAKEVIEW OAKS DRIVE 0 LONGWOOD, FLORIDA 32779 • FAX (407) 333-4686 • PHONE (407) 333-1977 !DR 1.0 Evaluation Services: (Not Included) ....... ..... . Principal Architect: Pro Architect: Project Manager: Thermographer Field Technician: CAD Technician: Construction Observer. Secretary: Total Personnel Costs: Air Flight: Rental Car Mileage: Hotel: Per Diem Sub Consultant Printino Total Reimburseable Costs: TOTAL EVALUATION PHASE COSTS 2.0 Design: Principal Architect: Project Architect: Project Manager: Thermographer Field Technician: CAD Technician: Construction Observer: Secretary: Total Personnel Costs: Air Flight: Rental Car Mileage: Hotel: Per Diem PririUng _ §ub Consultant Total Reimburseable Costs: TOTAL DESIGN PHASE COSTS 3.0 Bidding: Principal Architect: Project Architect: Project Manager._ Thermographer Field Technician: -_'CAD Technician: Construction Observer: Secretary: Total Personnel Costs: Air Flight: Rental Car Mileage: Hotel: Per Diem Printing Total Total Reimburseable Costs: TOTAL BIDDING PHASE COSTS 4.0 Construction Administration: _Principal Architect: Project Architect: Protect Manageri Thermographer Field Technician: CAD CAD Technician: Construction Observer. §e=W_ Total Personnel Costs: Air FG h1. Rental Car. Mileage:'_.__ Hotel: Per Diem Printing Sub Consultant Total Reimburseable Costs: TOTAL CONSTRUCTION PHASE COSTS TOTAL COSTS: a JAY AMMON ARCHITECT, INC. Ap-, 3016 IRC Jail - Rooting Repair Project FEE BREAKDOWN - CONSULTING SFRVICFS 0 hrs. @ $196.00 / hr. 0 hrs. @ $138.00 / hr. 0 hrs. @ $116.00 / hr. 0 hrs. @ $112.00 / hr. 0 hrs. @ $96.00 / hr. 0 hrs. @ $82.00 I hr. 0 hrs. @ $75.00 / hr. 0 hrs. 9D $48.00 / hr. 0 flights @ $0.00 /flight 0 days @ $0.00 /day 0 trips @ 266 mi.Arip @ 0 nights@ $0.00 /night 0 days@ $0.00 /day $0.00 plus 10 percent 0 ce ies 0.00 /co PV 24 hrs. @ $196.00 / hr. 40 hrs. @ $138.00 / hr. 0 hrs. @ $116.00 / hr. 0 hrs. @ $112.00 / hr. 16 hrs. @ $96.00 / hr. 80 hrs. @ $82.00 ! hr. 0 hrs. @ $75.00 / hr. 4 hrs. 48.00 / hr. 0 flights @ $0.00 /flight 0 days @ $0.00 /day 1 trips @ 266 mi.Arip @ 0 nights@ $0.00 /night 0 days@ $0.00 /day 0 copies @ $0.00 /copy $0.00 Plus_ 10 percent 12 hrs. @ $196.00 /hr 0 hrs. @ $138.00 / hr. 0 hrs. @ $116.00 / hr. 0 hrs. @ $112.00 / hr. 4 hrs. @ $96.00 / hr. 0 hrs. @ $82.00 / hr. $0.50 /mi. $0.50 /mi. _ _.$_0.00 $0.00 $OAO $4,704.00 $5.520.00 0 hrs. @ $75.00 / hr. __ ji 2 hrs. (� 4$ 8.00 / hr. _ _ R si*s @ 266 miArip @ $0.50 /mi. nx& 0 flights 9 @ $0.00 /flight -x0.00 0, days @ $0.00 /day $1 1 trips @ 266 mi./trip @ $0.50 /mi. $13: O $0.00 /night $t rrnights@ O,days@ $0.00 /day _ $t 0 co ies 0.00 /COPY _. $ $2,961 40 hrs. @ $196.00 / hr. $7,641 0 hrs.@ $138.00,/hr. 0 hrs. @ $116.00,/hr. 0 hrs. @ $112.00 / hr. _. u 16 hrs. @ $96.007 hr. $_1,53( 0 hrs. @ 562.007 hr. 1t( 64 hrs. @ .0/ hr. $.750 $4,80( 4 hrs. 0$.00 / hr. $14,36( OIpghts @ $0.00 /flight $0,00 01days @ $0.00 /day s0-00 si*s @ 266 miArip @ $0.50 /mi. $1,197.0-0- Oymtghts@ $0.00 /night -x0.00 OidaysQ $0.00 /day Otcopies @ $0.00 /copy $0.00 10.00 ows 10 percent 00 _$1,197.00 $16,665.00 $37,176.00 CONSENT AGENDA INDIAN RIVER COUNTY, FLORIDA 'em m AGENDA ITEM Assistant County Administrator / Department of General Services Date: August 9, 2016 To: The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Thru: Michael C. Zito, Assistant County Administrator From: Mary D. Snyder, Library Services Director Subject: Division of Library and Information Services State Aid Application/Agreement BACKGROUND: The Indian River County Board of County Commissioners applies each year to the Division of Library and Information Services for the annual State Aid grant. The agreement is part of the application which expedites the receipt of funds. ANALYSIS AND ALTERNATIVES: The application is financial information only and requires no matching funds. The grant received in FY2015/2016 was for $98,318. The estimate for FY 2016/2017 is $98,101. RECOMMENDATION Staff respectfully requests that the Board authorize its Chairman to sign the agreement (attached) and return to the Library Services Director to be forwarded to the appropriate State Library staff. Approved Agenda Item BY: In E. Brown tv Administrator FOR: August 16, 2016 Indian River County Appqved Date Administration County Attorney Budget Department 8 Risk Management F:\Assistant County Administrator\AGENDA ITEMS\20WI3CC 08 AUGUST 2016\13CC Memo - Division of Library and Info State Aid Appl i cation -Agreement. doc 407 GRANT NAME: State A i d AMOUNT OF GRANT: $98,101 (estimate ) GRANT# n/a DEPARTMENT RECEIVING GRANT: Main Library/General Services CONTACTPERSON: Mary D. Snyder TELEPHONE: X4113 011.13 Other Salaries &Wages (PT) I. How long is the grant for? 1 year Starting Date: October 2016 2. Does the grant require you to fund this function after the grant is over? Yes __�L_No 3. Does the grant require a match? Yes X No If yes, does the grant allow the match to be In -Kind services? Yes No 4. Percentage of match to grant _ % 5. Grant match amount required S 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? 7. Does the grant cover capital costs or start-up costs? X Yes No If no, how much do you think will be needed in capital costs or start-up costs: $ (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes, please list. (If additional space is needed, please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries &Wages (PT) 012.11 Social Security 012.12 Retirement — Contributions 012.13 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching $ TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? A —0— Grant 0— Signature of Preparer: —/w4e, G Date: M Grant Amount Other Match Costs Not Covered Match Total First Year $ $ $ $ Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparer: —/w4e, G Date: M STATE AID TO LIBRARIES GRANT AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF STATE AND Indian River County Board of County Commissioners for and on behalf of Indian River County Library This Agreement is by and between the State of Florida, Department of State, Division of Library and Information Services, hereinafter referred to as the "Division," and the Indian River County Board of County Commissioners for and on behalf of Indian River County Library, hereinafter referred to as the "Grantee." The Grantee has submitted an application and has met all eligibility requirements and has been awarded a State Aid to Libraries Grant (CSFA 45.030) by the Division in the amount specified on the "Fiscal Year 2016-2017 State Aid to Libraries Final Grants" document (which is incorporated as part of this Agreement and entitled Attachment B). The Division has the authority to administer this grant in accordance with Section 257, Florida Statutes. By reference, the application and any approved revisions are hereby made a part of this agreement. In consideration of the mutual covenants and promises contained herein, the parties agree as follows: I. Grant Purpose. This grant shall be used exclusively for the "State Aid to Libraries Grant," the public purpose for which these funds were appropriated. a) The Grantee shall perform the following Scope of Work as identified in Section 257.17, Florida Statutes: Manage or coordinate free library service to the residents of its legal service area. The Grantee shall: 1. Have a single administrative head employed full time by the library's governing body; 2. Provide free library service, including loaning materials available for circulation free of charge and providing reference and information services free of charge; 3. Provide access to materials, information and services for all residents of the area served; and 4. Have at least one library, branch library or member library open 40 hours or more each week. State Aid to Libraries Grant Agreement (Form DL1S/SA02) Page 1 of 9 Chapter 1 B -2.011(2)(a), Florida Administrative Code, Effective 7-2016. 409 b) The Grantee agrees to provide the following Deliverables related to the Scope of Work for payments to be awarded. Payment 1, Deliverable/Task 1: ■ Payment will be a fixed price in the amount of 100% of the grant award. The Grantee will have at least one library, branch library or member library open 40 hours or more each week. 2. Length of Agreement. This Agreement shall begin the date the agreement is signed by both the Grantee's Governing Body and the Division and continue until all grant funds have been expended, unless terminated in accordance with the provisions of Section 28 of this Agreement. 3. Expenditure of Grant Funds. The Grantee cannot obligate or expend any grant funds before the Agreement has been signed by all parties. No costs incurred after termination of the Agreement shall be allowed unless specifically authorized by the Division. 4. Contract Administration. The parties are legally bound by the requirements of this agreement. Each party's contract manager, named below, will be responsible for monitoring its performance under this Agreement and will be the official contact for each party. Any notice(s) or other communications in regard to this agreement shall be directed to or delivered to the other party's contract manager by utilizing the information below. Any change in the contact information below should be submitted in writing to the contract manager within 10 days of the change. For the Division of Library and Information Services: Marian Deeney, Library Program Administrator Florida Department of State R.A. Gray Building Mail Station # 9D 500 South Bronough Street Tallahassee, Florida 32399 Phone: 850.245.6620 Facsimile: 850.245.6643 Email: marian.deeney@dos.myflorida.com For the Grantee: Mary Snyder, Director 1600 21 st Street Vero Beach, Florida 32960 Phone: (772) 770-5060 Facsimile: (772) 770-5066 Email: msnyder@irclibrary.org State Aid to Libraries Grant Agreement (Form DL1S/SA02) Page 2 of 9 Chapter 1 B -2.011(2)(a), Florida Administrative Code, Effective 7-2016. 5. Grant Payments. The total grant award shall not exceed the amount specified on the "Fiscal Year 2016-2017 State Aid to Libraries Final Grants" document (Attachment B), which shall be paid by the Division in consideration for the Grantee's minimum performance as set forth by the terms and conditions of this Agreement. Payment will be a fixed price in the amount of 100% of the grant award as specified in Attachment B. Payment will be made in accordance with the completion of the Deliverables. 6. Electronic Payments. The Grantee can choose to use electronic funds transfer (EFT) to receive grant payments. All grantees wishing to receive their award through EFT must submit a Vendor Direct Deposit Authorization form to the Florida Department of Financial Services. If EFT has already been set up for your organization, you do not need to submit another authorization form unless you have changed bank accounts. To download this form visit myfloridacfo.com/Division/AA/Forms/DFS-A I 26E pdf The form also includes tools and information that allow you to check on payments. 7. Florida Substitute Form W-9. A completed Substitute Form W-9 is required from any entity that receives a payment from the State of Florida that may be subject to 1099 reporting. The Department of Financial Services (DFS) must have the correct Taxpayer Identification Number (TIN) and other related information in order to report accurate tax information to the Internal Revenue Service (IRS). To register or access a Florida Substitute Form W-9 visit flvendor.myfloridacfo.com/. A copy of the Grantee's Florida Substitute Form W-9 must be submitted by the Grantee to the Division with the executed Agreement. 8. Financial Consequences. The Department shall apply the following fmancial consequences for failure to perform the minimum level of services required by this Agreement in accordance with Sections 215.971 and 287.058, Florida Statutes: Should the library fail to provide free library service to the public or to be open for at least 40 hours per week, it will no longer be eligible to receive State Aid to Libraries grant funding, and its funding will be reduced to zero. Payment will be withheld if Deliverables are not satisfactorily completed. 9. Credit Line(s) to Acknowledge Grant Funding. The Division requires public acknowledgement of State Aid to Libraries Grant funding for activities and publications supported by grant funds. Any announcements, information, press releases, publications, brochures, videos, web pages, programs, etc. created as part of a State Aid to Libraries Grant project must include an acknowledgment that State Aid to Libraries Grant funds were used to create them. Use the following text: State Aid to Libraries Grant Agreement (Form DLIS/SA02) Page 3 of 9 Chapter l B -2.011(2)(a), Florida Administrative Code, Effective 7-2016. 411 "This project has been funded under the provisions of the State Aid to Libraries Grant program, administered by the Florida Department of State's Division of Library and Information Services." 10. Non -allowable Grant Expenditures. The Grantee agrees to expend all grant funds received under this agreement solely for the purposes for which they were authorized and appropriated. Expenditures shall be in compliance with the state guidelines for allowable project costs as outlined in the Department of Financial Services' Reference Guide for State Expenditures, which are available online at myfloridacfo.com/aadir/reference guide/. Grant funds may not be used for the purchase or construction of a library building or library quarters. 11. Travel Expenses. The Subgrantee must pay any travel expenses, from grant or local matching funds, in accordance to the provisions of Section 112.061, Florida Statutes. 12. Unobligated and Unearned Funds and Allowable Costs. In accordance with Section 215.971, Florida Statutes, the Grantee shall refund to the State of Florida any balance of unobligated funds which has been advanced or paid to the Grantee. In addition, funds paid in excess of the amount to which the recipient is entitled under the terms and conditions of the agreement must be refunded to the state agency. Further, the recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. Expenditures of state financial assistance must 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. 13. Repayment. All refunds or repayments to be made to the Department under this agreement are to be made payable to the order of "Department of State" and mailed directly to the following address: Florida Department of State, Attention: Marian Deeney, Division of Library and Information Services, 500 South Bronough Street, Mail Station #913, Tallahassee, FL 32399. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to the Department for collection, Recipient shall pay to the Department a service fee of $15.00 or five percent (5%) of the face amount of the returned check or draft, whichever is greater. 14. Single Audit Act. Each grantee, other than a grantee that is a State agency, shall submit to an audit pursuant to Section 215.97, Florida Statutes. See Attachment A for additional information regarding this requirement. If a Grantee is not required by law to conduct an audit in accordance with the Florida Single Audit Act because it did not expend at least $500,000 in state financial assistance, it must submit a Financial Report on its operations pursuant to Section 257.41(3), Florida Statutes within nine months of the close of its fiscal year. 15. Retention of Accounting Records. Financial records, supporting documents, statistical records and all other records, including electronic storage media pertinent to the Project, shall be retained for a period of five (5) fiscal years after the close out of the grant and release of the audit. If any litigation or audit is initiated or claim made before the expiration of the five - State Aid to Libraries Grant Agreement (Form DLIS/SA02) Page 4 of 9 Chapter 1 B-2.01 ] (2)(a), Florida Administrative Code, Effective 7-2016. 412 year period, the records shall be retained for five fiscal years after the litigation, audit or claim has been resolved. 16. Obligation to Provide State Access to Grant Records. The Grantee must make all grant records of expenditures, copies of reports, books, and related documentation available to the Division or a duly authorized representative of the State of Florida for inspection at reasonable times for the purpose of making audits, examinations, excerpts and transcripts. 17. Obligation to Provide Public Access to Grant Records. The Division reserves the right to unilaterally cancel this Agreement in the event that the Grantee refuses public access to all documents or other materials made or received by the Grantee that are subject to the provisions of Chapter 1 l 9, Florida Statutes, known as the Florida Public Records Act. The Grantee must immediately contact the Division's Contract Manager for assistance if it receives a public records request related to this Agreement. 18. Noncompliance. Any Grantee that is not following Florida statutes or rules, the terms of the grant agreement, Florida Department of State policies and guidance, local policies, or other applicable law or that has not submitted required reports or satisfied other administrative requirements for other Division of Library and Information Services grants or grants from any other Office of Cultural, Historical, and Information Programs (OCHIP) Division will be in noncompliance status and subject to the OCHIP Grants Compliance Procedure. OCHIP Divisions include the Division of Cultural Affairs, the Division of Historical Resources, and the Division of Library and Information Services. Grant compliance issues must be resolved before a grant award agreement may be executed and before grant payments for any OCHIP grant may be released. 19. Accounting Requirements. The Grantee must maintain an accounting system that provides a complete record of the use of all grant funds as follows: a) The accounting system must be able to specifically identify and provide audit trails that trace the receipt, maintenance and expenditure of state funds; b) Accounting records must adequately identify the sources and application of funds for all grant activities and must classify and identify grant funds by using the same budget categories that were approved in the grant application. If Grantee's accounting system accumulates data in a different format than the one in the grant application, subsidiary records must document and reconcile the amounts shown in the Grantee's accounting records to those amounts reported to the Division; c) An interest-bearing checking account or accounts in a state or federally chartered institution may be used for revenues and expenses described in the Scope of Work and detailed in the Estimated Project Budget; d) The name of the account(s) must include the grant award number; State Aid to Libraries Grant Agreement (Form DLIS/SA02) Page 5 of 9 Chapter 1 B -2.011(2)(a), Florida Administrative Code, Effective 7-2016. 413 e) The Grantee's accounting records must have effective control over and accountability for all funds, property and other assets; and 17 Accounting records must be supported by source documentation and be in sufficient detail to allow for a proper pre -audit and post -audit (such as invoices, bills and canceled checks). 20. Availability of State Funds. The State of Florida's performance and obligation to pay under this Agreement are contingent upon an annual appropriation by the Florida Legislature. In the event that the state funds upon which this Agreement is dependent are withdrawn, this Agreement will be automatically terminated and the Division shall have no further liability to the Grantee beyond those amounts already expended prior to the termination date. Such termination will not affect the responsibility of the Grantee under this Agreement as to those funds previously distributed. In the event of a state revenue shortfall, the total grant may be reduced accordingly. 21. Lobbying. The Subgrantee will not use any grant funds for lobbying the state legislature, the state judicial branch or any state agency. 22. Independent Contractor Status of Grantee. The Grantee, if not a state agency, agrees that its officers, agents and employees, in performance of this Agreement, shall act in the capacity of independent contractors and not as officers, agents or employees of the state. The Grantee is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment by the State of Florida. 23. Grantee's Subcontractors. The Grantee shall be responsible for all work performed and all expenses incurred in connection with this Agreement. The Grantee may subcontract, as necessary, to perform the services and to provide commodities required by this Agreement. The Division shall not be liable to any subcontractor(s) for any expenses or liabilities incurred under the Grantee's subcontract(s), and the Grantee shall be solely liable to its subcontractor(s) for all expenses and liabilities incurred under its subcontract(s). The Grantee must take the necessary steps to ensure that each of its subcontractors will be deemed to be independent contractors and will not be considered or permitted to be agents, servants, joint venturers or partners of the Division. 24. Liability. The Division will not assume any liability for the acts, omissions to act or negligence of the Grantee, its agents, servants or employees; nor may the Grantee exclude liability for its own acts, omissions to act or negligence to the Division. a) The Grantee shall be responsible for claims of any nature, including but not limited to injury, death and property damage arising out of activities related to this Agreement by the Grantee, its agents, servants, employees and subcontractors. The Grantee shall indemnify and hold the Division harmless from any and all claims of any nature and shall investigate all such claims at its own expense. If the Grantee is governed by Section 768.28, Florida Statutes, it shall only be obligated in accordance with this Section. State Aid to Libraries Grant Agreement (Form DL1S/SA02) Chapter 1 B-2.01 ] (2)(a), Florida Administrative Code, Effective 7-2016. Page 6 of 9 J 414 b) Neither the state nor any agency or subdivision of the state waives any defense of sovereign immunity or increases the limits of its liability by entering into this Agreement. c) The Division shall not be liable for attorney fees, interest, late charges or service fees, or cost of collection related to this Agreement. d) The Grantee shall be responsible for all work performed and all expenses incurred in connection with the project. The Grantee may subcontract as necessary to perform the services set forth in this Agreement, including entering into subcontracts with vendors for services and commodities, provided that such subcontract has been approved in writing by the Department prior to its execution and provided that it is understood by the Grantee that the Department shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 25. Strict Compliance with Laws. The Grantee shall perform all acts required by this Agreement in strict conformity with all applicable laws and regulations of the local, state and federal law. For consequences of noncompliance, see Section 4-9 18, Noncompliance. 26. No Discrimination. The Grantee may not discriminate against any employee employed under this Agreement or against any applicant for employment because of race, color, religion, gender, national origin, age, handicap or marital status. The Grantee shall insert a similar provision in all of its subcontracts for services under this Agreement. 27. Breach of Agreement. The Division will demand the return of grant funds already received, will withhold subsequent payments and/or will terminate this agreement if the Grantee improperly expends and manages grant funds; fails to prepare, preserve or surrender records required by this Agreement; or otherwise violates this Agreement. 28. Termination of Agreement. The Division will terminate or end this Agreement if the Grantee fails to fulfill its obligations herein. In such event, the Division will provide the Grantee a notice of its violation by letter and shall give the Grantee fifteen (15) calendar days from the date of receipt to cure its violation. If the violation is not cured within the stated period, the Division will terminate this Agreement. The notice of violation letter shall be delivered to the Grantee's Contract Manager, personally, or mailed to his/her specified address by a method that provides proof of receipt. In the event that the Division terminates this Agreement, the Grantee will be compensated for any work completed in accordance with this Agreement prior to the notification of termination if the Division deems this reasonable under the circumstances. Grant funds previously advanced and not expended on work completed in accordance with this Agreement shall be returned to the Division, with interest, within thirty (30) days after termination of this Agreement. The Division does not waive any of its rights to additional damages if grant funds are returned under this Section. 29. Preservation of Remedies. No delay or omission to exercise any right, power or remedy accruing to either party upon breach or violation by either party under this Agreement shall State Aid to Libraries Grant Agreement (Form DLIS/SA02) Page 7 of 9 Chapter 1 B-2.01 ] (2)(a), Florida Administrative Code, Effective 7-2016. 415 impair any such right, power or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default or any similar breach or default. 30. Non -Assignment of Agreement. The Grantee may not assign, sublicense or otherwise transfer its rights, duties or obligations under this Agreement without the prior written consent of the Division, which shall not unreasonably be withheld. The agreement transferee must demonstrate compliance with the requirements of the project. If the Division approves a transfer of the Grantee's obligations, the Grantee shall remain liable for all work performed and all expenses incurred in connection with this Agreement. In the event the Legislature transfers the rights, duties and obligations of the Division to another governmental entity, pursuant to Section 20.06, Florida .Statutes or otherwise, the rights, duties and obligations under this Agreement shall be transferred to the succeeding governmental agency as if it was the original party to this Agreement. 31. Required Procurement Procedures for Obtaining Goods and Services. The Grantee shall provide maximum open competition when procuring goods and services related to the grant - assisted project in accordance with Section 287.057, Florida Statutes. a) Procurement of Goods and Services Not Exceeding $35,000. The Grantee must use the applicable procurement method described below: 1. Purchases Up to $2,500: Procurement of goods and services where individual purchases do not exceed $2,500 do not require competition and may be conducted at the Grantee's discretion. 2. Purchases or Contract Amounts Between $2,500 and $35,000: Goods and services costing between $2,500 and $35,000 require informal competition and may be procured by purchase order, acceptance of vendor proposals or other appropriate procurement document. b) Procurement of Goods and Services Exceeding $35,000. Goods and services costing over $35,000 may be procured by either Formal Invitation to Bid, Request for Proposals or Invitation to Negotiate and may be procured by purchase order, acceptance of vendor proposals or other appropriate procurement document. 32. Conflicts of Interest. The Grantee hereby certifies that it is cognizant of the prohibition of conflicts of interest described in Sections 112.311 through 112-326, Florida Statutes and affirms that it will not enter into or maintain a business or other relationship with any employee of the Department of State that would violate those provisions. The Grantee further agrees to seek authorization from the General Counsel for the Department of State prior to entering into any business or other relationship with a Department of State Employee to avoid a potential violation of those statutes. 33. Binding of Successors. This Agreement shall bind the successors, assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligations of the Division of Library and Information Services. State Aid to Libraries Grant Agreement (Form DLIS/SA02) Page 8 of 9 Chapter I B -2.011(2)(a), Florida Administrative Code, Effective 7-2016. j 416 i 34. Employment of Unauthorized Aliens. The employment of unauthorized aliens by the Grantee is considered a violation of Section 274A (a) of the Immigration and Nationality Act. If the Grantee knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. 35. Severability. If any term or provision of the Agreement is found to be illegal and unenforceable, the remainder will remain in full force and effect, and such term or provision shall be deemed stricken. 36. Americans with Disabilities Act. All programs and facilities related to this Agreement must meet the standards of Sections 553.501-553.513, Florida Statutes and the Americans with Disabilities Act of 1990. 37. Governing Law. This Agreement shall be construed, performed and enforced in all respects in accordance with the laws and rules of Florida. Venue or location for any legal action arising under this Agreement will be in Leon County, Florida. 38. Entire Agreement. The entire Agreement of the parties consists of the following documents: a) This Agreement b) Florida Single Audit Act Requirements (Attachment A) c) Fiscal Year 2016-2017 State Aid to Libraries Final Grants (Attachment B) The Grantee hereby certifies that they have read this entire Agreement and will comply with all of its requirements. Date of Agreement: Grantee: Board of County Commission By: Chair of Governing Body or Chief Executive Officer: Bob Solari, Chairman Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Date August 16, 2016 Department of State: LIN Typed name and title Witness APPROVED AS TO FORM AND LEQA FF Y 8Y DYLAN REINGOLD OOUNTY ATTORNEY State Aid to Libraries Grant Agreement (Form DLIS/SA02) Chapter 1 B-2.01 I (2)(a), Florida Administrative Code, Effective 7-2016. Page 9 of 9 r, F&A ATTACHMENT A FLORIDA SINGLE AUDIT ACT REQUIREMENTS AUDIT REQUIREMENTS The administration of resources awarded by the Department of State to the Grantee may be subject to audits and/or monitoring by the Department of State as described in this Addendum to the Grant Agreement. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on- site visits by Department of State staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of State." In the event the Department of State determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Department of State staff 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 Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the Recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. l • In the event that the Recipient expends $300,000 ($500, 000 for fiscal years ending after December 31, 2003) or more in Federal awards in its fiscal year, the Recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT l to this agreement indicates Federal resources awarded through the Department of State by this agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from the Department of State. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A- 133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the Recipient expends less than $300,000 ($500, 000 for fiscal years ending after December 31, 2003) in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Recipient expends less than $300,000 ($500, 000 for fiscal years ending after December 31, 2003) in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non - Federal resources (i.e., the cost of such an audit must be paid from Recipient resources obtained from other than Federal entities). State Aid to Libraries Grant Agreement (Form DL1S/SA02) Page 1 of 5 Chapter 1 B -2.011(2)(a), Florida Administrative Code, Effective 7-2016. 418 PART I1: STATE FUNDED This part is applicable if the Recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes. l . In the event that the Recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such Recipient (for fiscal years ending September 30, 2004 or thereafter), the Recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 2l 5.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance awarded through the Department of State by this agreement. In determining the state financial assistance expended in its fiscal year, the Recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of State, other state agencies, and other nonstate 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. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the Recipient expends less than $500,000 in state financial assistance in its fiscal year (for fiscal years ending September 30, 2004 or thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, 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, Florida Statutes, 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). The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this agreement and the interpretation of compliance issues. State of Florida Department Financial Services (Chief Financial Officer) www.fldfs.com/ State of Florida Legislature (Statutes, Legislation relating to the Florida Single Audit Act) www.leg.state.fl.us/ State Aid to Libraries Grant Agreement (Form DLIS/SA02) Page 2 of 5 Chapter 1 B -2.011(2)(a), Florida Administrative Code, Effective 7-2016. 419 PART III: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section 320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient directly to each of the following: A. The Department of State at each of the following addresses: Department of State Office of Inspector General R.A. Gray Building, Room 1 I 4 500 S. Bronough St. Tallahassee, FL 32399-0250 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East I Wh Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f) OMB Circular A-133, as revised. ' 2. In the event that a copy of the reporting package for an audit required by PART I of this agreement and conducted in accordance with OMB Circular A-] 33, as revised, is not required to be submitted to the Department of State for the reasons pursuant to Section .320 (e)(2), OMB Circular A-133, as revised, the Recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the Recipient's audited schedule of expenditures of Federal awards directly to each of the following: Department of State Office of Inspector General R.A. Gray Building, Room l I 4 500 S. Bronough St. Tallahassee, FL 32399-0250 3. Copies of financial reporting packages required by PART 11 of this agreement shall be submitted by or on behalf of the Recipient directly to each of the following: A. The Department of State at each of the following addresses: Department of State Office of Inspector General R.A. Gray Building, Room 114A 500 S. Bronough St. Tallahassee, FL 32399-0250 State Aid to Libraries Grant Agreement (Form DLIS/SA02) Page 3 of 5 Chapter 1 B-2.01 ] (2)(a), Florida Administrative Code, Effective 7-2016. 420 i I B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 1 l 1 West Madison Street Tallahassee, Florida 32399-1450 4. Any reports, management letter, or other information required to be submitted to the Department of State pursuant to this agreement shall be submitted timely in accordance with 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 Department of State for audits done in accordance with OMB Circular A-1 33 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. PART IV: RECORD RETENTION The Recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of State, or its designee, CFO, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department of State, or its designee, CFO, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of State. NOTE: Records need to be retained for at least five years to comply with record retention requirements related to original vouchers prescribed by the Department of State, Division of Library and Information Services, Bureau of Archives and Records Management. State Aid to Libraries Grant Agreement (Form DLIS/SA02) Chapter 1 B -2.011(2)(a), Florida Administrative Code, Effective 7-2016. Page 4 of 5 421 EXHIBIT 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Not Applicable. COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Not Applicable. MATCHING RESOURCES FOR FEDERAL PROGRAMS: Not Applicable. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES: Florida Department of State, State Aid to Library Grants, CSFA Number 45.030 Award Amount: Listed on Attachment B, Fiscal Year 2016-2017 State Aid to Libraries Final Grants COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: As contained in the Compliance Supplement to CSFA Number 45.030. State Aid to Libraries Grant Agreement (Form DLIS/SA02) Chapter 1 B-2.01 ] (2)(a), Florida Administrative Code, Effective 7-2016. page 5 of 5 4Z2 F INDIAN RIVER COUNTY, FLORIDA MEMORANDUM 9 TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Directo<9 FROM: W. Keith McCully, P.E., Stormwater Engineer o SUBJECT: Approval of SJRWMD Cost -Share Grant for Osprey Acres Stormwater Park DATE: July 29, 2016 DESCRIPTION AND CONDITIONS On April 5, 2016, the County Commission directed staff to apply for a St. Johns River Water Management District (SJRWMD) Cost -Share Grant for Osprey Acres Stormwater Park. Staff submitted the grant application to SJRWMD on or about April 22, 2016. On June 14, 2016, the SJRWMD Governing Board approved the grant application for one-third of the project cost, up to a maximum of $1,200,250. SJRWMD staff subsequently prepared the attached Cost -Share Agreement (Contract #28730) and forwarded it to the County for review and execution. Staff has reviewed the Agreement and has no recommended revisions. FUNDING The preliminary estimated project cost is approximately $4,787,000. As noted above, the SJRWMD Cost - Share Grant will fund one-third of the project cost, up to a maximum of $1,200,250. The remainder of the project costs will be funded with a budget amendment from Optional Sales Tax Cash Forward - Oct 1st to Optional Sales Tax/ Public Works/ Osprey Acres Stormwater Park. Account No. 31524338-066510-16022. RECOMMENDATION Staff recommends that the County Commission approve the attached Cost -Share Agreement and authorize the Chairman to execute it on behalf of the County. ATTACHMENTS Cost -Share Agreement with SJRWMD (Contract #28730) DISTRIBUTION Public Works Stormwater Division APPROVED AGENDA ITEM FOR: ALLEust By: J Indian River County Approyo, Date Administration k v I If Budget Legal �`�� Public Works Stormwater Division G p �Zo1( F:\Public Works\KeithM\Stormwater Projects\Osprey Acres\Agenda Items\Agenda - Consent - Osprey Acres Cost -Share Grant.doc 423 Contract #28730 COST -SHARE AGREEMENT BETWEEN THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT AND INDIAN RIVER COUNTY THIS AGREEMENT ("Agreement") is entered into by and between the GOVERNING BOARD of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (the "District'), whose address is 4049 Reid Street, Palatka, Florida 32177, and INDIAN RIVER COUNTY ("Recipient"), 180127 1h Street, Building A, Vero Beach, Florida 32960-3388. All references to the parties hereto include the parties, their officers, employees, agents, successors, and assigns. RECITALS The waters of the state of Florida are among its basic resources, and it has been declared to be the policy of the Legislature to promote the conservation, development, and proper utilization of surface and groundwater. Pursuant to chapter 373, Fla. Stat., the District is responsible for the management of the water resources within its geographical area. The District 2016-2017 cost -share funding program is designed to fund the construction of local stormwater management and alternative water supply projects as well as conservation implementation projects. Its goals are to contribute to: 1) reduction in water demand through indoor and outdoor conservation measures; 2) development of alternative or non-traditional water supply sources; such as reclaimed water, surface water, or seawater, 3) water quality improvements (for example, nutrient -loading reduction in springsheds or other surface -water systems); and 4) water resource development opportunities (for instance, increasing available source water through expansion or development of surface -water storage). The current cost -share funding program also recognizes the importance of providing funding opportunities for construction of flood protection and natural -systems restoration projects, which are important components of the District's core mission focus. The District has determined that providing cost -share funding to Recipient for the purposes provided for herein will benefit the water resources and one or more of the District's missions and initiatives. At its June 2016 meeting, the Governing Board selected Recipient's proposal for cost -share funding. The parties have agreed to jointly fund the following project in accordance with the funding formula further described in the Statement of Work, Attachment A (hereafter the "Project"): Osprey Acres Stormwater Park Project In consideration of the above recitals, and the funding assistance described below, Recipient agrees to perform and complete the activities provided for in the Statement of Work, Attachment A. Recipient shall complete the Project in conformity with the contract documents and all attachments and other items incorporated by reference herein. This Agreement consists of all of the following documents: (1) Agreement, (2) Attachment A - Statement of Work; and (3) all other attachments, if any. The parties hereby agree to the following terms and conditions. Page 1 of 14 424 Contract #28730 TERM; WITHDRAWAL OF OFFER. (a) The term of this Agreement is from the date upon which the last party has dated and executed the same ("Effective Date") until June 30, 2018 ("Completion Date"). Recipient shall not commence the Project until any required submittals are received and approved. Time is of the essence for every aspect of this Agreement, including any time extensions. Any request for an extension of time beyond the Completion Date must be made in writing before April 1, 2018. Timely requests to extend, for longer than six months, the Completion Date of the Agreement for projects whose District contribution exceeds $100,000 may only be approved by the District's Governing Board. Notwithstanding specific mention that certain provisions survive termination or expiration of this Agreement, all provisions of this Agreement that by their nature extend beyond the Completion Date, for example, delivery of a final report, will remain in full force and effect after the Completion Date as necessary to affect performance. (b) This Agreement constitutes an offer until authorized, signed and returned to the District by Recipient. This offer terminates forty-five (45) days after receipt by Recipient; provided, however, that Recipient may submit a written request for extension of this time limit to the District's Project Manager, stating the reason(s) therefor. Request for extension of time after the forty-five (45) days will be denied. The Project Manager shall notify Recipient in writing if an extension is granted or denied. If granted, this Agreement shall be deemed modified accordingly without any further action by the parties. (c) If the construction, which is eligible for District reimbursement, does not begin before June 30, 2017, or if the first invoice for non -construction projects is not submitted by June 30, 2017, the cost -share agreement.will be subject to termination and the funds subject to reallocation. DELIVERABLES. Recipient shall fully implement the Project, as described in the Statement of Work, Attachment A. Recipient is responsible for the professional quality, technical accuracy, and timely completion of the Project. Both workmanship and materials shall be of good quality. Unless otherwise specifically provided for herein, Recipient shall provide and pay for all materials, labor, and other facilities and equipment necessary to complete the Project. The District's Project Manager shall make a final acceptance inspection of the Project when completed and finished in all respects. Upon satisfactory completion of the Project, the District will provide Recipient a written statement indicating that the Project has been completed in accordance with this Agreement. Acceptance of the final payment by Recipient shall constitute a release in full of all claims against the District arising from or by reason of this Agreement. 3. OWNERSHIP OF DELIVERABLES. Unless otherwise provided herein, the District does not assert an ownership interest in any of the deliverables under this Agreement. 4. AMOUNT OF FUNDING. (a) For satisfactory completion of the Project, the District shall pay Recipient approximately thirty-three (33%) of the total construction cost of the Project, but in no event shall the District cost -share exceed $1,200,250. The District cost -share is not subject to modification based upon price escalation in implementing the Project during the term of this Agreement. Recipient shall be responsible for payment of all costs necessary to ensure Page 2 of 14 425 Contract #28730 completion of the Project. Recipient shall notify the District's Project Manager in writing upon receipt of any additional external funding for the Project not disclosed prior to execution of this Agreement. (b) "Construction cost" is defined to include actual costs of constructing Project facilities, including construction management. Land acquisition, engineering design, and permitting costs are excluded. Construction cost does not include any costs incurred prior to the Effective Date, unless expressly authorized by the Statement of Work. Costs that are excluded will not be credited toward Recipient's cost -share. (c) Cooperative funding shall not be provided for expenses incurred after the Completion Date. 5. PAYMENT OF INVOICES. (a) Recipient shall submit itemized invoices as per the Statement of Work, Attachment A for reimbursable expenses by one of the following two methods: (1) by mail to the St. Johns River Water Management District, Finance Director, 4049 Reid Street, Palatka, Florida 32177, or (2) by e-mail to acctpay@sjrwmd.com. The invoices shall be submitted in detail sufficient for proper pre -audit and post -audit review. Invoices shall include a copy of contractor and supplier invoices to Recipient and proof of payment. Recipient shall be reimbursed for approximately thirty-three (33%) of approved cost or the not -to -exceed sum of $1,200,250, whichever is less. The District shall not withhold any retainage from this reimbursement. District reimbursement is subject to annual budgetary limitation, if applicable, as provided in subsection (g). If necessary for audit purposes, Recipient shall provide additional supporting information as required to document invoices. (b) End of District Fiscal Year Reporting. The District's fiscal year ends on September 30. Irrespective of the invoicing frequency, the District is required to account for all encumbered funds at that time. When authorized under the Agreement, submittal of an invoice as of September 30 satisfies this requirement. The invoice shall be submitted no later than October 30. If the Agreement does not authorize submittal of an invoice as of September 30, Recipient shall submit, prior to October 30, a description of the additional work on the Project completed between the last invoice and September 30, and an estimate of the additional amount due as of September 30 for such Work. If there have been no prior invoices, Recipient shall submit a description of the work completed on the Project through September 30 and a statement estimating the dollar value of that work as of September 30. (c) Final Invoice. The final invoice must be submitted no later than forty-five (45) days after the Completion Date; provided, however, that when the Completion Date corresponds with the end of the District's fiscal year (September 30), the final invoice must be submitted no later than thirty (30) days after the Completion Date. Final invoices that are submitted after the requisite date shall be subject to a penalty of ten percent (ID%) of the invoice. This penalty may be waived by the District, in its sole judgment and discretion, upon a showing of special circumstances that prevent the timely submittal of the final invoice. Recipient must request approval for delayed submittal of the final invoice not later than ten (10) days prior to the due date and state the basis for the delay. Page 3 of 14 426 Contract #28730 (d) All invoices shall include the following information: (1) District contract number; (2) Recipient's name, address, and authorization to directly deposit payment into Recipient's account (if Recipient has not yet provided the District with a completed Direct Deposit Authorization form; (3) Recipient's invoice number and date of invoice; (4) District Project Manager; (5) Recipient's Project Manager; (6) supporting documentation as to cost and/or Project completion (as per the cost schedule and other requirements of the Statement of Work); (7) Progress Report (if required); (8) Diversity Report (if otherwise required herein). Invoices that do not correspond with this paragraph shall be returned without action within twenty (20) business days of receipt, stating the basis for rejection. Payments shall be made within forty-five (45) days of receipt of an approved invoice. (e) Travel expenses. If the cost schedule for this Agreement includes a line item for travel expenses, travel expenses shall be drawn from the project budget and are not otherwise compensable. If travel expenses are not included in the cost schedule, they are a cost of providing the service that is borne by Recipient and are only compensable when specifically approved by the District as an authorized District traveler. In such instance, travel expenses must be submitted on District or State of Florida travel forms and shall be paid pursuant to District Administrative Directive 2000-02. (f) Payments withheld. The District may withhold or, on account of subsequently discovered evidence, nullify, in whole or in part, any payment to such an extent as may be necessary to protect the District from loss as a result of: (1) defective work not remedied; (2) failure to maintain adequate progress in the Project; (3) any other material breach of this Agreement. Amounts withheld shall not be considered due and shall not be paid until the ground(s) for withholding payment have been remedied. (g) Annual budgetary limitation. For multi -fiscal year agreements, the District must budget the amount of funds that will be expended during each fiscal year as accurately as possible. The Statement of Work, Attachment A, includes the parties' current schedule for completion of the Work and projection of expenditures on a fiscal year basis (October 1— September 30) ("Annual Spending Plan"). If Recipient anticipates that expenditures will exceed the budgeted amount during any fiscal year, Recipient shall promptly notify the District's Project Manager and provide a proposed revised work schedule and Annual Spending Plan that provides for completion of the Work without increasing the Total Compensation. The last date for the District to receive this request is August 1 of the then -current fiscal year. The District may in its sole discretion prepare a District Supplemental Instruction Form incorporating the revised work schedule and Annual Spending Plan during the then -current fiscal year or subsequent fiscal year(s). 6. LIABILITY AND INSURANCE. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party, its officers, employees and agents. Recipient accepts all risks arising from construction or operation of the Project. Nothing contained herein shall be construed or interpreted as denying to any party any remedy or defense available under the laws of the state of Florida, nor as a waiver of sovereign immunity of the state of Florida beyond the waiver provided for in section 768.28, Fla. Stat., as amended. Each party shall acquire and maintain throughout the term of this Agreement such liability, workers' compensation, and automobile insurance as required by their current rules and regulations. If Florida Department of Environmental Protection ("FDEP") funds will be used to fund all or a portion of the Agreement, Page 4 of 14 427 Contract #28730 additional FDEP insurance requirements applicable to the Recipient are included in the Insurance attachment to the Agreement. 7. FUNDING CONTINGENCY. This Agreement is at all times contingent upon funding availability, which may include a single source or multiple sources, including, but not limited to: (1) ad valorem tax revenues appropriated by the District's Governing Board; (2) annual appropriations by the Florida Legislature, or (3) appropriations from other agencies or funding sources. Agreements that extend for a period of more than one Fiscal Year are subject to annual appropriation of funds in the sole discretion and judgment of the District's Governing Board for each succeeding Fiscal Year. Should the Project not be funded, in whole or in part, in the current Fiscal Year or succeeding Fiscal Years, the District shall so notify Recipient and this Agreement shall be deemed terminated for convenience five (5) days after receipt of such notice, or within such additional time as the District may allow. For the purpose of this Agreement, "Fiscal Year" is defined as the period beginning on October 1 and ending on September 30. 8. PROJECT MANAGEMENT. (a) The Project Managers listed below shall be responsible for overall coordination and management of the Project. Either party may change its Project Manager upon three (3) business days prior written notice to the other party. Written notice of change of address shall be provided within five (5) business days. All notices shall be in writing to the Project Managers at the addresses below and shall be sent by one of the following methods: (1) hand delivery; (2) U.S. certified mail; (3) national overnight courier; or (4) e-mail. Notices via certified mail are deemed delivered upon receipt. Notices via overnight courier are deemed delivered one (1) business day after having been deposited with the courier. Notices via e-mail are deemed delivered on the date transmitted and received. DISTRICT Melisa Diolosa RECIPIENT Keith McCully, P.E. Project Manager Project Manager St. Johns River Water Management District Indian River County 525 Community College Parkway, S.E. 180127th Street, Building A Palm Bay, Florida 32909 Vero Beach, Florida 32960 321-676-6622 772-226-1562 E-mail: mdiolosa@sjrwmd.com E-mail: kmccully@ircgov.com (b) The District's Project Manager shall have sole responsibility for transmitting instructions, receiving information, and communicating District policies and decisions regarding all matters pertinent to performance of the Project. The District's Project Manager may issue a District Supplemental Instruction (DSI) form, Attachment C, to authorize minor changes in the Project that the parties agree are not inconsistent with the purpose of the Project, do not affect the District cost -share, Completion Date, or otherwise significantly modify the terms of the Agreement. PROGRESS REPORTS AND PERFORMANCE MONITORING. (a) Progress Reports. Recipient shall provide to the District quarterly Project update/status reports as provided in the Statement of Work. Reports will provide detail on progress of the Project and outline any potential issues affecting completion or the overall schedule. Page 5 of 14 428 Contract #28730 Recipient shall use the District's Project Progress Report form, Attachment B. Recipient shall submit the Project Progress Reports to the District's Project Manager and District's Budget Coordinator within thirty (30) days after the closing date of each calendar quarter (March 31, June 30, September 30 and December 31). (b) Performance Monitoring. For as long as the Project is operational, the District shall have the right to inspect the operation of the Project during normal business hours upon reasonable prior notice. Recipient shall make available to the District any data that is requested pertaining to performance of the Project. 10. FAILURE TO COMPLETE PROJECT. (a) Should Recipient fail to complete the Project, Recipient shall refund to the District all of the funds provided to Recipient pursuant to this Agreement. However, the District, in its sole judgment and discretion, may determine that Recipient has failed to complete the Project due to circumstances that are beyond Recipient's control, or due to a good faith determination that the Project is no longer environmentally or economically feasible. In such event, the District may excuse Recipient from the obligation to return funds provided hereunder. If the Project has not been completed within thirty (30) days after the Completion Date, Recipient shall provide the District with notice regarding its intention as to completion of the Project. The parties shall discuss the status of the Project and may mutually agree to revise the time for Project completion or the scope of the Project. Failure to complete the Project within ninety (90) days after the Completion Date shall be deemed to constitute failure to complete the Project for the purposes of this provision. (b) In the event the Project constitutes a portion of the total functional project, this paragraph shall apply in the event the total functional project is not completed. In such event, the 90 - day timeframe provided herein shall commence upon the date scheduled for completion of the total functional project at the time of execution of this Agreement, unless extended by mutual agreement of the parties. Paragraphs 10(a) and 10(b) shall survive the termination or expiration of this Agreement. 11. TERMINATION. If Recipient materially fails to fulfill its obligations under this Agreement, including any specific milestones established herein, the District may provide Recipient written notice of the deficiency by forwarding a Notice to Cure, citing the specific nature of the breach. Recipient shall have thirty (30) days following receipt of the notice to cure the breach. If Recipient fails to cure the breach within the thirty (30) day period, the District shall issue a Termination for Default Notice terminating this Agreement without further notice. In such event, Recipient shall refund to the District all funds provided to Recipient pursuant to this Agreement within thirty (30) days of such termination. The District may also terminate this Agreement upon ten (10) days written notice in the event of any material misrepresentations in the Project Proposal. Delay or failure by the District to enforce any right, remedy or deadline hereunder shall not impair, or be deemed a waiver of, any such right, remedy or deadline, or impair the District's rights or remedies for any subsequent breach or continued breach of this Agreement. Page 6 of 14 429 Contract #28730 ADDITIONAL PROVISIONS (Alphabetical) 12. ASSIGNMENT. Recipient shall not assign this Agreement, or any monies due hereunder, without the District's prior written consent. Recipient is solely responsible for fulfilling all work elements in any contracts awarded by Recipient and payment of all monies due. No provision of this Agreement shall create a contractual relationship between the District and any of Recipient's contractors or subcontractors. 13. AUDIT; ACCESS TO RECORDS; REPAYMENT OF FUNDS. (a) Maintenance of Records. Recipient shall maintain its books and records such that receipt and expenditure of the funds provided hereunder are shown separately from other expenditures in a format that can be easily reviewed. Recipient shall keep the records of receipts and expenditures, copies of all reports submitted to the District, and copies of all invoices and supporting documentation for at least five (5) years after expiration of this Agreement. In accordance with generally accepted governmental auditing standards, the District shall have access to and the right to examine any directly pertinent books and other records involving transactions related to this Agreement. In the event of an audit, Recipient shall maintain all required records until the audit is completed and all questions are resolved. Recipient will provide proper facilities for access to and inspection of all required records. (b) Repayment of Funds. District funding shall be subject to repayment after expiration of this Agreement if, upon audit examination, the District finds any of the following: (1) Recipient has spent funds for purposes other than as provided for herein; (2) Recipient has failed to perform a continuing obligation of this Agreement; (3) Recipient has received duplicate funds from the District for the same purpose; (4) Recipient has been advanced or paid unobligated funds; (5) Recipient has been paid funds in excess of the amount Recipient is entitled to receive under the Agreement; and/or (6) Recipient has received more than one hundred percent (100%) contributions through cumulative public agency cost -share funding. 14. CIVIL RIGHTS. Pursuant to chapter 760, Fla. Stat., Recipient shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin, age, handicap, or marital status. 15. DISPUTE RESOLUTION. Recipient is under a duty to seek clarification and resolution of any issue, discrepancy, or dispute involving performance of this Agreement by submitting a written statement to the District's Project Manager no later than ten (10) business days after the precipitating event. If not resolved by the Project Manager, the Project Manager shall forward the request to the District's Office of General Counsel, which shall issue a written decision within ten (10) business days of receipt. This determination shall constitute final action of the District and shall then be subject to judicial review upon completion of the Project. 16. DIVERSITY REPORTING. The District is committed to the opportunity for diversity in the performance of all cost-sharing agreements, and encourages Recipient to make a good faith effort to ensure that women and minority-owned business enterprises (W/MBE) are given the opportunity for maximum participation as contractors. The District will assist Recipient by sharing information on W/MBEs. Recipient shall provide with each invoice a report describing: (1) the company names for all W/MBEs; (2) the type of minority, and (3) the amounts spent with each during the invoicing period. The report will also denote if there were no W/MBE expenditures. Page 7 of 14 430 Contract #28730 17. GOVERNING LAW, VENUE, ATTORNEY'S FEES, WAIVER OF RIGHT TO JURY TRIAL. This Agreement shall be construed according to the laws of Florida and shall not be construed more strictly against one party than against the other because it may have been drafted by one of the parties. As used herein, "shall" is always mandatory. In the event of any legal proceedings arising from or related to this Agreement: (1) venue for any state or federal legal proceedings shall be in Orange County; (2) each party shall bear its own attorney's fees, including appeals; (3) for civil proceedings, the parties hereby consent to trial by the court and waive the right to jury trial. 18. INDEPENDENT CONTRACTORS. The parties to this Agreement, their employees and agents, are independent contractors and not employees or agents of each other. Nothing in this Agreement shall be interpreted to establish any relationship other than that of independent contractors during and after the term of this Agreement. Recipient is not a contractor of the District. The District is providing cost -share funding as a cooperating governmental entity to assist Recipient in accomplishing the Project. Recipient is solely responsible for accomplishing the Project and directs the means and methods by which the Project is accomplished. Recipient is solely responsible for compliance with all labor, health care, and tax laws pertaining to Recipient, its officers, agents, and employees. 19. CONFLICTING INTEREST IN RECIPIENT. Recipient certifies that no officer, agent, or employee of the District has any material interest, as defined in section 112.312, Fla. Stat., either directly or indirectly, in the business of Recipient to be conducted hereby, and that no such person shall have any such interest at any time during the term of this Agreement. 20. NON -LOBBYING. Pursuant to section 216.347, Fla. Stat., as amended, Recipient agrees that funds received from the District under this Agreement shall not be used for the purpose of lobbying the Legislature or any other state agency. 21. PERMITS. Recipient shall comply with all applicable federal, state and local laws and regulations in implementing the Project and shall include this requirement in all subcontracts pertaining to the Project. Recipient shall obtain any and all governmental permits necessary to implement the Project. Any activity not properly permitted prior to implementation or completed without proper permits does not comply with this Agreement and shall not be approved for cost -share funding. 22. PUBLIC ENTITY CRIME. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO ($35,000) for a period of 36 months following the date of being placed on the convicted vendor list. 23. PUBLIC RECORDS. Records of Recipient that are made or received in the course of performance of the Project may be public records that are subject to the requirements of chapter 119, Fla. Stat. If Recipient receives a public records request, Recipient shall promptly notify the District's Project Manager. Each party reserves the right to cancel this Agreement for refusal by the other party to Page 8 of 14 431 Contract ##28730 allow public access to all documents, papers, letters, or other materials related hereto and subject to the provisions of chapter 119, Fla. Stat., as amended. 24. ROYALTIES AND PATENTS. Recipient certifies that the Project does not, to the best of its information and belief, infringe on any patent rights. Recipient shall pay all royalties and patent and license fees necessary for performance of the Project and shall defend all suits or claims for infringement of any patent rights and save and hold the District harmless from loss to the extent allowed by Florida law. IN WITNESS WHEREOF, the St. Johns River Water Management District has caused this Agreement to be executed on the day and year written below in its name by its Executive Director, and Recipient has caused this Agreement to be executed on the day and year written below in its name by its duly authorized representatives, and, if appropriate, has caused the seal of the corporation to be attached. This Agreement may be executed in separate counterparts, which shall not affect its validity. Upon execution, this Agreement constitutes the entire agreement of the parties, notwithstanding any stipulations, representations, agreements, or promises, oral or otherwise, not printed or inserted herein. This Agreement cannot be changed by any means other than written amendments referencing this Agreement and signed by all parties. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT By: Ann B. Shortelle, Ph.D., Executive Director (or designee) Date: ONLY AS TO FORM AND LEGALITY William Abrams, Sr. Assistant General Counsel INDIAN RIVER COUNTY By: Chairman Date: Attest: Jeffrey R. Smith Clerk of Court and Comptroller Dylan T. Reingold, County Attorney ATTACHMENTS Attachment A - Statement of Work Attachment B - Project Progress Report Form Attachment C - District Supplemental Instructions Form 2015-16 District Cost -Share Initiative, Last updated: 9-9-15 . . • . . • . Page 9 of 14 432 Contract #28730 ATTACHMENT A - STATEMENT OF WORK INDIAN RIVER COUNTY OSPREY ACRES STORMWATER PARK INTRODUCTION/BACKGROUND The St. Johns River Water Management District (District) is continuing its Cooperative Cost Share Initiative Program in Fiscal Year (FY) 2016-2017 to develop and implement resource and water supply development projects and promote conservation. On June 14, 2016, the District's Governing Board approved funding for Cooperative Cost Share projects. Each project selected for funding will have a positive benefit to one or more of the District's core missions; including water supply, water quality, natural systems or flood mitigation. Indian River County (Recipient) requested funding for their Osprey Acres Stormwater Park for the not to exceed amount of $1,200,250 towards the estimated construction cost of $3,637,123. This request was approved by the Governing Board. The Recipient is located in Indian River County. OBJECTIVES The objective of this contract is to provide cost share dollars that will enable the Recipient to construct a stormwater park to provide additional treatment for the adjacent Osprey Marsh Algal Turf Scrubber Facility. The water quality improvement project will prevent an estimated 9,000 lbs. of total Nitrogen and 400 lbs. of total Phosphorus annually from discharging to the Indian River Lagoon. Project will also preserve over 60 -acres of upland and create approximately 17 -acres of aquatic habitat for wildlife. III. SCOPE OF WORK The project is located in south Indian River County. The treatment system includes an initial deep settling basin, serpentine water flow way, a shallow marsh area, filter marsh, and a final deep settling basin. The system will provide aquatic wildlife and wading bird habitat. The water will be discharged into the Indian River Farms Water Control District's Lateral J Canal, which discharges directly to the Indian River Lagoon. The remaining uplands on-site will be preserved in its pristine upland condition as a wildlife refuge and will include an educational hiking trail for the public. IV. PROJECT ADMINISTRATION AND DELIVERABLES The Recipient shall be responsible for the following: • Complete and obtain final project design, construction plans, and specifications; • Obtain all required permits, including right of access to the project sites, related to project construction and subsequent operation and maintenance of the completed work; • Assure compliance with all permits and permit conditions; • Provide procurement for project construction; • Perform supervision and inspection of construction; • Perform construction contract administration; • Assure compliance with cost accounting practices and procedures required for reimbursement of cost share funds expended. Page 10 of 14 433 Contract #28730 The Recipient shall provide the following to the District's Project Manager: • A copy of Recipient's executed construction contract documents; • A copy of any subsequent change orders to the contract; • Timely invoices for actual construction costs in accordance with this cost share agreement (i.e. quarterly, with appropriate substantiation that demonstrates that the applicant has paid for the total work cost and is seeking reimbursement up to the match amount) to enable proper review by the District's Project Manager prior to payment authorization; • Quarterly progress reports identifying project progress to date, key milestones reached, overall project schedule versus time for project completion, key issues to be resolved, project construction photos; quarterly reports shall also be emailed to the District's Budget Coordinator at mlicourt@sjrwmd.com; • Certification of construction completion by a Professional Engineer registered in the state of Florida. The Recipient shall ensure the tasks in the Task Identification section below are completed. V. TASK IDENTIFICATION AND TIME FRAMES The expiration date of this cost share agreement is June 30, 2018. The projected schedule is as follows: Task Description Anticipated Start Date Anticipated Completion Date Construction of stormwater park May 2017 January 2018 VI. BUDGET/COST SCHEDULE For satisfactory completion of the Project, the District shall pay Recipient approximately thirty-three percent (33%) of the total construction cost of the Project, but in no event shall the District's cost -share exceed $1,200,250. It is anticipated that the FY breakdown will be $480,100 for FY2016-17 and $720,150 forFY2017-18. Recipient shall invoice the District quarterly with appropriate documentation. The District's Project Manager shall provide an invoice template that will be used. invoices shall include a copy of the contractor's invoices submitted to the Recipient, proof of payment by Recipient, and other required supporting documentation for reimbursement up to match amount. For in-house expenses, Recipient shall provide copies of all receipts for materials and a system report showing documentation of staff time or other proof of staff time expenses for the Project. The final invoice shall be submitted with the final project report. If the total actual cost of this project is less than originally estimated, the District's cost -share amount shall be reduced accordingly. Recipient may invoice more frequently submitting all required documentation and include general status information. Recipient may invoice the District for Project construction work beginning October 1, 2016. The District's Project Manager will also provide a document to the Recipient to be completed showing the spend -down plan for the Project. The spend -down plan should be completed once the Recipient issues the Notice to Proceed to the construction contractor. Recipient shall submit quarterly progress reports to the District's Project Manager and the District's Budget Coordinator within 30 days of the end of quarter for work accomplished during each quarter. The email Page 11 of 14 434 Contract #28730 address for the District's Budget Coordinator is mlicourt(a@sirwmd.com. The Recipient shall submit a final project report within 30 days of Final Completion and acceptance by Indian River County detailing the project's accomplishments and any issues resolved during the course of the work. Estimated Cost Schedule for Reimbursement per fiscal year (all dollar amounts are approximate and may be reallocated between the construction tasks for the two FYs). FY16-17 (10/1/2016 — 9/30/2017) FY17-18 (10/1/2017 — 9/30/2018) Estimated Estimated Task Reimbursement Description Amount Amount Construction of stormwater park $1,454,849 $480,100 TOTAL FY 17: $1,454,849 $480,100 FY17-18 (10/1/2017 — 9/30/2018) Page 12 of 14 435 Estimated Estimated Task Reimbursement Description Amount Amount Construction of stormwater park $2,182,274 $720,150 TOTAL FY 18: $2,182,274 $720,150 Page 12 of 14 435 ATTACHMENT B St. Johns River Water Management District Project Progress Report Contract/ Project Identification Date: Report Number: month/day/year Project Name: Osprey Acres Stormwater Park Project Recipient: lindian River County SJRWMD Contract Number: 28730 1SJRWMD Project Manager: I Mellsa Diolosa Recipient's Project Manager: Keith McCully, P.E. Construction Schedule Reporting Period Start Date (mm/dd/yy): Beginning Date (mm/dd/yy): Completion (mm/dd/yy): Ending Date (mm/dd/yy): Budget Duration Anticipated Future Payment Requests: 3 Months 1 6 Months 9 Months 12 Months )esign/Permitting Status Tasks/Milestones/Deliverables Scheduled for this Reoortinit Period or Within the Next 60 dans: Task Number Tasks/Milestones/Deliverables Start Date Finish Date Percent Complete Projected Finish Date Problems, Issues, Soiutlons, Anncipatea aeviations from scneouie. Attach an additional page of notes if necessary to explain reasons for lateness or unusual events or circumstances. 436 Contract #28730 ATTACHMENT C — DISTRICT'S SUPPLEMENTAL INSTRUCTIONS (sample) DISTRICT SUPPLEMENTAL INSTRUCTIONS # DATE: TO: FROM: , Project Manager CONTRACT/PURCHASE ORDER NUMBER: CONTRACT TITLE: The Work shall be carried out in accordance with the following supplemental instruction issued in accordance with the Contract Documents without change in the Contract Sum or Contract Time. Prior to proceeding in accordance with these instructions, indicate your acceptance of these instructions for minor changes to the work as consistent with the Contract Documents and return to the District's Project Manager. 1. CONTRACTOR'S SUPPLEMENTAL INSTRUCTIONS: 2. DESCRIPTION OF WORK TO BE CHANGED: 3. DESCRIPTION OF SUPPLEMENTAL INSTRUCTION REQUIREMENTS: Contractor's approval: (choose one of the items below): Approved: Date: (It is agreed that these instructions shall not result in a change in the Total Compensation or the Completion Date.) Approved: Date: (Contractor agrees to implement the Supplemental Instructions as requested, but reserves the right to seek a Change Order in accordance with the requirements of the Agreement.) Approved: , District Project Manager Date: Acknowledged: Date: , District Contracts Administrator cc: Contract/Purchasing file Financial Management Page 14 of 14 437 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of Public Works Division of Facilities Management DATE: August 8, 2016 TO: Jason Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Chris Burr, Facilities Manager # M SUBJECT: Work Order #4 for REI Engineers to Perform a Roof Condition Assessment for the Administration Annex, Courthouse, and Main Library BACKGROUND: On April 14, 2014, the Board approved a Professional Services Agreement with REI Engineers to perform roofing consulting services to include evaluations of existing roofing conditions, design solutions for remedial work, design solutions for roof replacement, preparation of design documents, and project management. Issues with the roof systems at the Administrative Annex, Courthouse, and Main Library have been identified and need to be evaluated for repair solutions or replacement options. REI Engineering has provided a proposal to evaluate these roof systems and provide a Roof Condition Assessment report to County staff with recommendations. FUNDING: Funding is available from Optional Sales Tax/Facilities Maintenance/Admin Complex Roof Replacement, Acct # 31522019-066510-16003. RECOMMENDATION: Staff recommends that the Board approve Work Order #4 for REI Engineers to perform a roof condition assessment and give recommendations for the Administration Annex located at 1028 20th Place, the IRC Courthouse located at 2000 16th Avenue, and the IRC Main Library located at 1600 21St Street, Vero Beach. Staff recommends that the Board approve Work Order #4 for REI Engineers and authorize the Chairman to execute Work Order #4 in the lump sum amount of $6,575.00. 438 Page 2 Work Order #4, REI Engineers BCC Consent Agenda Item for August 16, 2016 ATTACH M E NTS Work Order #4 Proposal for Engineering Services from REI Engineers DISTRIBUTION REI Engineers APPROVED AGENDA ITEM wl %i mIMF Indian River County Approjtq Date Administration Budget % L� Legal $ • I (� Purchasing Public Works u �% 439 REI ENGINEERS 10150 HIGHLAND MANOR DRIVE, SUITE 200, TAMPA, FL 33610 PHONE 813.944.2137 FAX 813.314.2196 August 2, 2016 Indian River County 4305A 43`d Avenue, Vero Beach, FL 32967 Attention: Chris Burr Facilities Manager Reference: Proposal for Engineering Services Roof Condition Assessments REI Proposal No. P 16TPA-008 Dear Mr. Burr: In response to our recent meetings and email correspondence, we are pleased to submit this proposal for your consideration. It is our understanding that the requested Roof Condition Assessments will address the following facilities in Vero Beach, FL: Facility Street Address Estimated Roof Size (SF) Administrative Annex 1028 20' Place 10,000 Courthouse 2000 16' Avenue 57,800 Main Library 1600 21st Street 30,100 Total: 97,900 A summary of the work included in this proposal is as follows: A. Conduct site visit(s) to interview appropriate facility personnel and review the condition of the roof system components to determine recommended remediation. B. All reasonably accessible, exposed surfaces of the system are carefully examined to locate specific problems and evaluate the overall needs of the areas in question. C. Develop a scaled roof outline drawing in AutoCAD. D. Digital photographs are taken to highlight areas of concern and illustrate discrepancies due to age, application, design, or material performance. General locations of the photographs are shown on the roof outline drawing. E. Core samples will be taken on unconfirmed areas to determine conditions and compositions of roof systems at the core locations. In addition to reporting the type of components, typical comments relate to adhesion, delamination, deterioration, moisture content and anticipated service life. All openings in the system will be repaired with compatible materials. Core samples will not be taken where deemed inappropriate due to possible warranty issues, questionable conditions/materials, etc. ROOFING, WATERPROOFING AND BUILDING ENVELOPE ENGINEERS AND CONSULTANTS www.reiengineers.com AN EMPLOYEE -OWNED COMPANY 440 REI Proposal No. P16TPA-008 August 2, 2016 Page 2 F. Provide a report sealed by a Florida Licensed Professional Engineer outlining the results of our field assessment. Report will include a summary of our findings, photographs, and CAD roof drawings outlining specific locations of photographs and deficiencies. Also included are recommendations for immediate (emergency) and long term repairs with estimated construction costs. These services for all three facilities will be provided at a fixed cost of Six Thousand Five Hundred Seventy - Five ($6,575.00) Dollars. The field work and report will be completed within sixty-five (65) calendar days from a Notice to Proceed. If this proposal meets with your approval, please notify us in writing or provide an IRC work order. This proposal will remain firm for a period of thirty (30) days. After that time, we reserve the right to review scheduled commitments and prices. If you have any questions, please do not hesitate to call. Respectfully submitted, REI Engineers Randy Moore Jr., EI Project Manager Kenneth Tyner, PE, RRC Executive Vice President Enc: Aerial Photographs of the Referenced Facilities Fei 441 Fei REI Proposal No. P16TPA-008 August 2, 2016 Page 4 443 Board of County Commissioners 1801 27th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: (772)-778-9391 Professional Design Services For Indian River County Roof Condition Assessments for the Administrative Annex, Courthouse, and Main Library WORK ORDER NO. 4 (Facilities Management Division) FOR AMENDMENT TO CONTINUING CONTRACT AGREEMENT FOR PROFESSIONAL SERVICES, APRIL 18, 2014 WITH REI ENGINEERS, INC. All services performed under this contract shall be supervised and certified by a licensed Professional Engineer (PE) licensed with the State of Florida and staff employed directly with your firm. Scope of Services Indian River County is requesting that REI Engineers, Inc., prepare a Roof Condition Assessments for the Indian River County Administrative Annex, Courthouse, and Main Library. All work shall be performed in accordance with the attached Proposal dated August 2, 2016 (Exhibit A) and shall comply with Standards enumerated in the Continuing Contract Agreement for Professional Services, dated April 18, 2014. COMPENSATION. The COUNTY agrees to pay, and REI Engineers, Inc., agrees to accept, $6,575.00 for services rendered according to the Proposal dated August 2, 2016, identified in the attached EXHIBIT A, incorporated by reference herein. 444 Work Order No. 4 Indian River County Roof Condition Assessment August 8, 2016 IN WITNESS HEREOF the parties hereto have executed these presents This day of , 2016. OWNER REI ENGINEERS, INC. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman Approved by BCC, ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Approved as to Form and Legal Sufficiency: jjjj'� — "�/' - fae Willi -am K. DeBra I, Deputy County Attorney Jason . Br wn, County Administrator Scott Hinesley, President Witnessed by: (Printed name) C'\Users\rszpyrka\Desktop\Facilities\Agenda Items\Roof Assessments Annex, Courthouse, Main Library\Work Order k4 for 445 REI.doc Board of County Commissioners 1801 27th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: (772)-778-9391 Professional Design Services For Indian River County Roof Condition Assessments for the Administrative Annex, Courthouse, and Main Library WORK ORDER NO. 4 (Facilities Management Division) FOR AMENDMENT TO CONTINUING CONTRACT AGREEMENT FOR PROFESSIONAL SERVICES, APRIL 18, 2014 WITH REI ENGINEERS, INC. All services performed under this contract shall be supervised and certified by a licensed Professional Engineer (PE) licensed with the State of Florida and staff employed directly with your firm. Scope of Services Indian River County is requesting that REI Engineers, Inc., prepare a Roof Condition Assessments for the Indian River County Administrative Annex, Courthouse, and Main Library. All work shall be performed in accordance with the attached Proposal dated August 2, 2016 (Exhibit A) and shall comply with Standards enumerated in the Continuing Contract Agreement for Professional Services, dated April 18, 2014. COMPENSATION. The COUNTY agrees to pay, and REI Engineers, Inc., agrees to accept, $6,575.00 for services rendered according to the Proposal dated August 2, 2016, identified in the attached EXHIBIT A, incorporated by reference herein. 446 Work Order No. 4 Indian River County Roof Condition Assessment August 8, 2016 IN WITNESS HEREOF the parties hereto have executed these presents This day of 2016. OWNER REI ENGINEERS, INC. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman Scott Hinesley, President Approved by BCC ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Approved as to Form and Legal Sufficiency: William K. De ra 1, Deputy County Attorney Jason E. Brown, County Administrator Witnessed by: (Printed name) C:\Users\rszpyrka\Desktop\Facilities�Agenda hemsQRoof Assessments Annex. Courthouse. Main Library\Work Order 94 for REI dm 447 REI ENGINEERS 10150 HIGHLAND MANOR DRIVE, SUITE 200, TAMPA, FL 33610 PHONE 813.944.2137 FAX 813.314.2196 August 2, 2016 Indian River County 4305A 43`d Avenue, Vero Beach, FL 32967 Attention: Chris Burr Facilities Manager Reference: Proposal for Engineering Services Roof Condition Assessments REI Proposal No. P16TPA-008 Dear Mr. Burr: Exhibit "A" In response to our recent meetings and email correspondence, we are pleased to submit this proposal for your consideration. It is our understanding that the requested Roof Condition Assessments will address the following facilities in Vero Beach, FL: Facility Street Address Estimated Roof Size (SF) Administrative Annex 1028 20'' Place 10,000 Courthouse 2000 16'' Avenue 57,800 Main Library 1600 211 Street 30,100 Total: 97,900 A summary of the work included in this proposal is as follows: A. Conduct site visit(s) to interview appropriate facility personnel and review the condition of the roof system components to determine recommended remediation. B. All reasonably accessible, exposed surfaces of the system are carefully examined to locate specific problems and evaluate the overall needs of the areas in question. C. Develop a scaled roof outline drawing in AutoCAD. D. Digital photographs are taken to highlight areas of concern and illustrate discrepancies due to age, application, design, or material performance. General locations of the photographs are shown on the roof outline drawing. E. Core samples will be taken on unconfirmed areas to determine conditions and compositions of roof systems at the core locations. In addition to reporting the type of components, typical comments relate to adhesion, delamination, deterioration, moisture content and anticipated service life. All openings in the system will be repaired with compatible materials. Core samples will not be taken where deemed inappropriate due to possible warranty issues, questionable conditions/materials, etc. ROOFING, WATERPROOFING AND BUILDING ENVELOPE ENGINEERS AND CONSULTANTS www.rejengmeers.com AN EMPLOYEE -OWNED COMPANY 448 REI Proposal No. P16TPA-008 August 2, 2016 Page 2 F. Provide a report sealed by a Florida Licensed Professional Engineer outlining the results of our field assessment. Report will include a summary of our findings, photographs, and CAD roof drawings outlining specific locations of photographs and deficiencies. Also included are recommendations for immediate (emergency) and long term repairs with estimated construction costs. These services for all three facilities will be provided at a fixed cost of Six Thousand Five Hundred Seventy - Five ($6,575.00) Dollars. The field work and report will be completed within sixty-five (65) calendar days from a Notice to Proceed. If this proposal meets with your approval, please notify us in writing or provide an IRC work order. This proposal will remain firm for a period of thirty (30) days. After that time, we reserve the right to review scheduled commitments and prices. If you have any questions, please do not hesitate to call. Respectfully submitted, REI Engineers Randy Moore Jr., EI Kenneth Tyner, PE, RRC Project Manager Executive Vice President Enc: Aerial Photographs of the Referenced Facilities 449 REI Proposal No. P16TPA-008 August 2, 2016 Page 4 451 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason Brown, County Administrator THROUGH: John King, Director Department of EmergenSe4es FROM: Maria Resto, Radiological Emergency Analyst/Radio System ManagerE)b -FOr KL DATE: August 9, 2016 SUBJECT: Approval of Extension of FX Software Agreement It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: On September 10, 2013, the Board of County Commissioners approved the bid purchase (Bid # 2014001) of the annual software services (FX Software) from Harris Inc. for the 800 MHz -Public Safety Radio System. The FX Software provides enhancements and corrections to public safety Enhanced Digital Access Communication System (EDACS) backbone and radio components. It also assures the County that any new generation radios, hand-held or mobile units, would seamlessly integrate into our communication network. Harris has agreed to extend the price, terms, and conditions for another year. FUNDING: The FX Software is a budgeted expense and funds are available in the 001-107 (Communications/Emergency Services) account. Account Number Agreement Amount 00110719-035120 $30,000.00 RECOMMENDATION: Staff recommends the Board authorize a one (1) year extension of the FX Software Agreement. 452 ATTACHMENT: 1. Two (2) Original Copies of Amended Agreement between Indian River County and Harris Corporation (formerly M/A-Com, Inc.) 2. FX Software Agreement 2016-2017 Quote APPROVED FOR AGENDA FOR: August 16, 2016 (�NBY: , Jasn B own Co Administrator Indian River Co. Approved Date Legal Budget Dept. r &.q.l Risk Mgr. p o -11, General Svcs. 453 July 29, 2016 C�Op17 HARRIS CORPORATION RF Communications 221 Jefferson Ridge Parkway Lynchimg, VA USA 24501 phone 800 388-3277 httpJAw4w.rfcomm.harris.com/publicsaf*/ Extension of EDACS FX Agreement This Modification authorizes the extension to the EDACS FX Agreement executed between Indian River County, FL, the Subscriber, and Harris Corporation (formerly M/A-Com, Inc.), the Seller, dated 10/31/97. This term of this extension shall begin on August 1, 2016 and expire on July 31, 2017. EDACS Software FX Services-lYear SSSVIF $30,000.00 Subscriber agrees to an extension of the existing EDACS FX Services Agreement for a one (1) year term, based on the payment terms agreed to by Subscriber and Seller or its EDACS Reseller/EDACS Strategic Integrator. Upon expiration, the Subscriber may request and additional extension, which will be agreed upon by both parties at that time. The terms and conditions of the above mentioned Agreement remain in effect except as modified herein. By:_ . Representative for Harris Corporation Date: By: Representative for Indian River County Date: APPROVV3 AS To -ORM AND t SU 1!lY 1E?UTYC0U1�3TYA'T' CKWY f , „, p dcommunications 454 • C�COMMUNICATIONS INTERNATIONAL 4450 US Hwy 1 Vero Beach, FL 32962 Voice: 772.569.5355 Fax: 772.794.4248 jwillingham@ask4cii.com QUOTATION Page Date 1/1 8/9/2016 Quote Number QTE1601814 Bill To IRC Emergency Services site IRC Emergency Services Radio System Manager Radio Systems Manager 4225 43rd Ave 4225 43rd Avenue Vero Beach, FL, 32967-1671 Vero Beach, FL, 32967-1671 USA Contact Voice. Fax: Site Number Description Salesperson :Peference ❑ Purchase Order Number IRC130MAIN FX Agreement 2016-2017 ❑ Credit Card ❑ visa ❑ Mastercard ❑ Bankcard Name Description Qty List Price Disc % Disc Amt Sale Price Total Billing SSSV1 F - Annual Software Services Small 1.00 30,000.00 0.00% 0.00 30,000.00 30,000.00 Multi -Site FX Agreement for Indian River County August 1,2016 to July 31, 2017 Subtotal: 30,000.00 Prices quoted are valid for ( 30 ) Days from Document Date. Plus Tax 0.00 Orders may be subject to shipping & handling charges. All warranties are manufacture's warranties. Total Due (USD) 30,000.00 by signing this Quotation and/or submitting a purchase order pursuant to this Quotation you acknowledge that you have read and agree to be bound by Communications Int'I. Inc.'s Terms and Conditions of Sale Service and Technical Support. 455 Please complete the details below and fax or email them to us. ❑ Purchase Order Number Please place my order now ❑ Credit Card ❑ visa ❑ Mastercard ❑ Bankcard Name Signature Card No. Exp. Date Cardholders Name ❑ Cheque 4450 US Highway 1 Vero Beach, FL, 32967, USA by signing this Quotation and/or submitting a purchase order pursuant to this Quotation you acknowledge that you have read and agree to be bound by Communications Int'I. Inc.'s Terms and Conditions of Sale Service and Technical Support. 455 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Work Order No. 2, Masteller & Moler, Inc. IRC Courthouse Judges Security Upgrades DATE: August 4, 2016 DESCRIPTION AND CONDITIONS On November 15, 2011, the Board of County Commissioners approved the Continuing Contract for Professional Services with Masteller & Moler, Inc. and on November 4, 2014, approved an Extension and Amendment of the Continuing Contract. The purpose of Work Order No. 2 is to provide planning, design, and permitting services for exterior security improvements to the County Courthouse for the Judges. Work Order No. 2 is for a total lump sum amount of $25,260.00. FUNDING Funding is budgeted in the Court Facilities Management Fund/Courthouse Judges Security, Account # 14022019-066510-16033, in the amount of $25,260.00. RECOMMENDATION Staff recommends approval of Work Order No. 2 to Masteller & Moler, Inc. authorizing the above- mentioned professional services as outlined in the attached Scope of Services (Exhibit A) and requests the Board to authorize the Chairman to execute the attached Work Order No. 2 on their behalf for a total lump sum amount of $25,260.00. ATTACHMENTS Work Order No. 2 DISTRIBUTION Masteller & Moler, Inc. APPROVED AGENDA ITEM FOR August 16 2A6,,7 BY Indian River County Appr Date Administration f �/ Budget Legal g/ ¢!/ Public Works Engineering 456 F:\Public Works\ENGINEERING DIVISION PROJECTS\1621 IRC Courthouse Judges Security Upgrades\I-Admin\Agenda Items\Executed Consultant Contracts\BCC Agenda Masteller & Moler WO 2.doc c. Board of County Commissioners 1801 27th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: 772-778-9391 Project: WORK ORDER NO. 2 (Engineering) FOR PROFESSIONAL SERVICES AGREEMENT FOR PROFESSIONAL CIVIL ENGINEERING SERVICES CONTRACT WITH Masteller & Moler, Inc. IRC COURTHOUSE JUDGES SECURITY UPGRADE — IRC Project No. 1621 This Work Order No. 2 is in accordance with the existing AGREEMENT dated November 15, 2011 as amended November 4th, 2014 between Masteller & Moler, Inc. (ENGINEER) and Indian River County (COUNTY). This Work Order No. 2 amends the agreement as follows: SECTION I - PROJECT LIMITS This Work Order No. 2 is for the ENGINEER to perform professional engineering services in connection with the planning, design, and permitting of Security Gates / Modified Wall Facilities for the "IRC Courthouse Judges Security Upgrade" project at the County Courthouse. Along the east side of the existing Courthouse facility there exists an off-street parking facility reserved for judge's parking. Currently, the off-street parking facility is not equipped with security features to deter unwanted access. In addition, there was a security gate at the entrance / exit, however, it has been partially dismantled and is not operational. It is understood the County desires to modify the east judge's parking lot to improve security along with several other features as follows: 1. Extend the existing 30.5" Concrete Block Wall up to same 9'1" ± height as existing north wall; 2. Add entry and exit remote operation rolling security gates; 3. Add a solid pedestrian door in the south wall; and 4. Remove the drainage wall within the Judges' Parking area and extend at grade parking area to building. The project site has a land use designation MX (Mixed use) according to Official Future Land Use Map of the City of Vero Beach. The site has an underlying zoning district designation DTW (Downtown District) according to City of Vero Beach Zoning Maps. According to Section 62.312 — Walls and Fences (4) of the City of Vero Beach Zoning Code "Where a wall or fence is erected along or parallel to any street, such wall or fence is permitted up to a maximum height of three feet in height". Information on the original Courthouse construction plans suggests the existing wall is setback beyond the front yard setback. If this proves to be accurate, it is our understanding from the City of Vero Beach a variance would not be required to raise the wall to 9'-1" ± tall. SECTION II - SCOPE OF SERVICES As agreed upon between ENGINEER and the COUNTY, the ENGINEER shall provide Professional 457 IRC Work Order No. 2 County Courthouse Security Gates / Wall Facilities Page 2 of 2 Engineering services to complete all tasks as outlined in this Work Order No. 2, and per the attached Scope of Services and Cost Outline (Exhibit A). SECTION III - TIME FOR COMPLETION & DELIVERABLES/WORK PRODUCT 1. Project shall be completed as follows: Task I — Land Surveying 15 Working Days Task II — Design (Civil) / Site Plan Application 30 Working Days (after Task 1) Task III — Design (Structural) 30 Working Days (after Task 1) Task IV — Electrical 30 Working Days (after Task 1) 2. Deliverables — The ENGINEER shall provide the COUNTY: a. As defined in attached proposal and scope of services (Exhibit A) and related digital AutoCAD and PDF files. SECTION IV - COMPENSATION The COUNTY agrees to pay, and the ENGINEER agrees to accept a maximum not -to -exceed amount of $ 25,260.00 for the above-described services rendered as identified in Sections I, II, and III of this Work Order No. 2. All and/or any additional services not described hereon shall be pre -approved by the COUNTY. Approved additional services shall be invoiced at the rates disclosed in the approved fee schedule with the ENGINEER. The AGREEMENT is hereby amended as specifically set forth herein. All remaining sections of the AGREEMENT shall remain in full force and effect, and are incorporated herein. IN WITNESS WHEREOF the parties hereto have executed these presents this day of , 2016. CONSULTANT: MASTELLER OLER, INC. By: Stephen ff. Moler Title: Vice President By: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Bob Solari, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: V - ministrator Approved as to form and legal sufficiency: ,/,I ri-I Dylan T. Rleingold, County Attorney 458 M J MASTELLER & MOLER, INC. M ~ CIVIL ENGINEERS ~ EXHIBIT "A" WORK ORDER NO. 2 Masteller & Moler, Inc. IRC COURTHOUSE JUDGES SECURITY UPGRADE IRC Project No. 1621 PROPOSAL Professional Engineering Services July 26, 2016 Mr. Richard B. Szpyrka, PE Public Works Director Indian River County 1801 27th Street Vero Beach, Florida 32960 RE: IRC Courthouse Judges Security Upgrade IRC Project No. 1621 Professional Engineering Services Construction Plans and Permitting Our File# 1620 Dear Mr. Szpyrka: Masteller & Moler, Inc. ("MM") is pleased to submit this letter agreement (the "Agreement") to Indian River County ("the Client") for providing professional engineering services related to the "IRC Courthouse Judges Security Upgrade" project in Indian River County. Our scope of services, schedule, and fee are below. Along the east side of the existing Courthouse facility there currently is an existing off-street parking facility reserved for judge's parking. Currently, the off-street parking facility is not equipped with security features to deter unwanted access. In addition, there was a security gate at the entrance / exit, however, it has been partially dismantled and is not operational. It is understood the County desires to modify the east judge's parking lot to improve security along with several other features as follows: 1. Extend the existing 30.5" Concrete Block Wall up to same 9'-1"t height as existing north wall; 2. Show entry and exit remote operation rolling security gates; 3. Add a solid pedestrian door in the south wall; and 4. Remove the drainage wall within the Judges' Parking area and extend concrete at grade parking area to building. The project site has a land use designation MX (Mixed use) according to Official Future Land Use Map of the City of Vero Beach. The site has an underlying zoning district designation DTW (Downtown District) according to City of Vero Beach Zoning Maps. According to Section 62.312 — Walls and Fences (4) of the City of Vero Beach Zoning Code "Where a wall or fence is erected along or parallel to any street, such wall or fence is permitted up to a maximum height of three feet in height". Information on the original Courthouse construction plans suggests the existing wall is setback beyond the front yard setback. If this proves to be accurate, it is our understanding from the City of Vero Beach a variance would not be required to raise the wall to 9'-1" +/- high. 1655 27th Street, Suite 2 • Vero Beach, Florida 32960 Phone: (772) 567-5300 • Fax: (772) 794-1106 mastmolr@bellsouth.net 459 IRC Work Order No. 2 — Exhibit "A" County Courthouse Security Gates / Wall Facilities Page 2 of 4 Scope of Services: Task I — Land Surveying_ We shall perform a limited topographic survey to obtain the existing field conditions along the east side of the County Courthouse site to the east right-of-way line of 15th Avenue. The survey will extend from 20th Street north right-of-way line to the south line of 21St Street. The survey shall be produced in AutoCAD on NAVD'88 datum. Task II — Design (Civil) / Site Plan Approval: We shall prepare a Site Civil Design Plan for the planned project improvements described above. The Plans shall include the following specific improvements: A. Location for the existing concrete walls to be raised to be 9'-1"t tall with plan view and sections. At the existing east structural steel columns, the wall shall be designed to extend for the full height of the new wall such that there are no gaps in the length of the wall. B. The Plans shall include the general location for entry and exit remote operation, rolling security gates including operating pads as provided by a gate supplier to be selected by the County. We understand the entry and exit gates will need to be shown as operating independently. (Selection & Design of the gates shall be provided by the County.) C. We shall depict the location for a pedestrian door in the south wall. The location of the door shall be within range of existing or new security camera equipment. D. We shall depict the proposed removal of the landscape bed wall abutting the east wall of the structure. The existing concrete pavement will be extended to meet the building wall. (The building wall will need to be modified after the planter wall and soil are removed to eliminate the revealed black waterproofing sealant to a more aesthetic appearance. The specification for the building wall treatment is not included in our scope.) In order to allow for the improvements to be constructed, we shall file an application for a Minor Change to an Approved Site Plan with the City of Vero Beach. Following the submittal, we shall respond to reasonable comments pertaining to the application(s). Task III — Design (Structural): We shall retain the services of a structural engineering sub -consultant to perform the structural engineering design services needed for this project. A structural engineering design shall be provided for the proposed wall vertical extension and new full height walls at columns. Task IV — Electrical Design: Treasure Coast Engineering will provide the Electrical design services on the above referenced project. Project parameters consist of a new 9'-1" +/- wall and a rolling gate system for an existing judges' parking lot. Accurate as -built drawings of the existing facility shall be provided by County and used as the basis of design. • Locate all electrical (i.e. receptacles, switched, transformers, motors, and panels) and lighting (i.e. fixtures and lighting controls) components. • Circuit and homerun all components • Calculate and create a voltage drop schedule. • Create specifications that consist of at minimum wiring methods and materials. M M 460 IRC Work Order No. 2 — Exhibit °A" County Courthouse Security Gates / Wall Facilities Page 3 of 4 • Visit site to determine existing electrical circuit for non-functioning entry system. • Create CAD drawings showing power and/or reflected ceiling plan views. • Sign and seal up to 5 sets of drawings • Specify, circuit, and show photo metrics for parking lot wall pack lights on the interior new elevated wall and for relocation of the existing fixtures near the entrance gate. Task V —Wall Aesthetics Design (Optional): If desired, we shall engage Lucido & Associates to provide the following specific services: Review plans (provided by client) to secure the access and parking area for judges and employees at the Indian River County Courthouse; 2. Provide three (3) design options for providing visual interest adjacent to, or on the proposed screening wall; concepts to consist of: • an architectural enhancement (molding or cast stone embellishment) with landscape; • a potential art concept involving a mosaic or other art work; • a green screen or other fabricated product possibly with landscape; 3. Concepts to be developed in plan view and include one photo perspective of each concept; 4. Representation at one (1) meeting with client and one (1) Board of Adjustment or Variance Board meeting. Note: Schematic development of concepts only consisting of photo perspective and labeled plan view to be provided. Fees: We shall complete the above described tasks for the lump fee fees listed below: Task I — Land Surveying $ 3,500.00 Task II — Design (Civil) / Site Plan Approval $ 8,200.00 Task III — Design (Structural) $ 5,980.00 Task IV— Electrical $ 2,935.00 Reimbursables (max.) $ 2,000.00 Sub -Total $ 22,615.00 Task V — Wall Aesthetics (Optional) $ 2,645.00 Total Maximum Amount Not -To -Exceed $ 25,260.00 Reimbursement for payment of direct costs, including reproduction, copies, prints, mail, Fed- Ex, etc. is estimated at $ 2,000.00. Actual cost will vary depending on quantity provided. We shall invoice monthly for these services based on the percentage of completion of each task. Items to Be Provided By Client: To support our design and permitting services on this project, it is understood the County will provide the following information: Soils Exploration Report (if required) M M 461 IRC Work Order No. 2 — Exhibit "A" County Courthouse Security Gates / Wall Facilities Page 4 of 4 Additional Services: Our scope of services does not include soils investigations, landscape / irrigation designs, bidding services, construction administration services. Any services not specifically provided for in the above scope will be considered additional services and can be performed at our contract hourly rates. Deliverables: Deliverables for this project will consist of the following: Conceptual Design 2 Sets Preliminary Construction Plans 2 Sets Final Construction Plans 10 Sets Permit Application Forms As Required Closure In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the terms and conditions in the existing AGREEMENT dated November 15, 2011 and amended on November 4, 2014 between Masteller & Moler, Inc. (ENGINEER) and Indian River County (COUNTY). Fees and times stated in this Work Order are valid for sixty (60) days after the date of this letter. We appreciate the opportunity to provide these services to you. Please contact me with any questions you might have. Sincerely, MASTELLER & MOILER, INC. ��� Stephen E. Moler, PE Vice President SEM/cab File#1620 (Contract Exhibit A - 16-0726.docx) M M 462 CONSENT INDIAN RIVER COUNTY MEMORANDUM �� TO: Jason Brown County Administrator FROM: Suzanne Boyll Human Resources Director DATE: August 9, 2016 SUBJECT: Approval of Section 125 Plan Document, Health Care Flexible Spending Account Plan Document, and Dependent Care Flexible Spending Account Plan Document and Authorizing the Chair to Execute the Documents after Review and Approval by the County Attorney BACKGROUND: Employees of Indian River County have the opportunity to elect tax-free benefits under Section 125 of the Internal Revenue Code, elect a self-insured medical reimbursement plan as defined in Section 105 of the Internal Revenue Code of 1986, and elect a dependent care assistance plan as defined in Section 129 of the Internal Revenue code of 1986 as amended. Attached are plan documents effective October 1, 2015 that reflect necessary updates. ANALYSIS: There is no financial impact on the County employees. Pre-tax benefits reduce the taxable income of RECOMMENDATION: Staff recommends that the Board approve Indian River County Board of County Commissioners Section 125 Plan effective October 1, 2015, Indian River County Board of County Commissioners Health Care Flexible Spending Account Plan Document effective October 1, 2015, and Indian River County Board of County Commissioners Dependent Care Flexible Spending Account Plan Document effective October 1, 2015 and authorizing the Chair to execute the documents after review and approval by the County Attorney . ATTACHMENTS: Indian River County Board of County Commissioners Section 125 Plan effective October 1, 2015 Indian River County Board of County Commissioners Health care r texible �spenamg Account Plan Document effective October 1, 2015 Indian River County Board of County Commissioners Dependent Care Flexible Spending Account Plan Document effective October 1, 2015 463 APPROVED AGENDA ITEM BY: Jason Brolvn, Got Administrator FOR: 464 Indian River County Board of County Commissioners Section 125 Plan ---------------------------------- Effective October 1, 2015 Page 1 465 PREAMBLE The Employer hereby establishes a Cafeteria Plan ("Plan") for the purpose of providing its eligible Employees an opportunity to elect among the tax-free benefits available under the Plan. The Plan is intended to qualify as a cafeteria plan under Section 125 of the Internal Revenue Code. The Effective Date of this Plan is October 1, 2015. This is an amendment or restatement of the Section 125 Plan dated October 1, 2011. The Plan Sponsor, Plan Administrator, a benefits committee, and/or a third party claims administrator is hereby granted discretionary authority to determine eligibility for benefits and/or to construe the terms of the plan. ARTICLE 1— DEFINITIONS 1.01 "Benefit Plan(s) or Policy(ies)" means those Qualified Benefits available to eligible Employees under this Plan as amended or restated from time to time. 1.02 "Change in Status" means any of the events included under Section 125 or regulations issued under Section 125 that the Plan Administrator in its sole discretion decides to recognize on a uniform and consistent basis as a reason to enroll, change an election, or terminate participation mid -year. 1.03 "Code" means the Internal Revenue Code of 1986 as amended. 1.04 "Compensation" means the cash wages or salary paid to an Employee by the Employer. 1.05 "Dependent" means the legal spouse and/or dependent child(ren) of the Participant. Dependent children may be covered by the medical, dental and vision plans through the end of the calendar year in which the child reaches age 26. The term "child" includes any of the following: • A natural child • A step child • A legally adopted child • A child placed for adoption • A child for whom legal guardianship has been awarded to the Participant or the Participant's spouse • A newborn (up to age 18 months) of a covered dependent (Florida only) • A foster child 1.06 "DOL" means the United States Department of Labor. 1.07 "Effective Date" means the effective date of this Plan stated in the Preamble. 1.08 "Employee" means any individual who is considered to be in a legal employee -employer relationship with the Employer for federal tax -withholding purposes. The term "Employee" shall not include any leased employee (as that term is defined in Code Section 414(n)) or any self - Page 2 466 employed individual who received from the Employer "net earnings from "self-employment" within the meaning of Code Section 401(c)(2) unless such individual is also an Employee. 1.09 "Employer" means the Indian River County Board of County Commissioners and affiliated political subdivisions that have elected to participate. 1.10 "FMLA" means the Family and Medical Leave Act. 1.11 "Highly -Compensated Employee" means an individual defined under Code Sections 105(h), 125(e) or 414(q), as amended, as a "highly -compensated individual" or "highly - compensated employee." 1.12 "Ineligible Class" means one or more Employees that may not participate in the plans due to their employment status. 1.13 "IRS" means the Internal Revenue Service. 1.14 "Key Employees" means an individual who is a "key employee" as defined in Code Section 125(b)(2), as amended. 1.15 "Open Enrollment" means a period of time established by the Plan Administrator before the beginning of a Plan Year in which all eligible Employees may elect to participate in Qualified Benefits, change prior elections, or cease participation. The effective date of such elections shall be the first day of the coming Plan Year. 1.16 "Participant" means an Employee who elects a Qualified Benefit as defined herein. 1.17 "PPACA" means the Patient Protection and Affordable Care Act. 1.18 "Plan" means this document. 1.19 "Plan Administrator" means the Indian River County Board of County Commissioners or its designee, if any. 1.20 "Plan Year" means twelve month period of coverage beginning each October 1St and continuing to the following September 30th. 1.21 "Policy" means a document provided by an insurer that defines the benefits and terms of participation of a Qualified Benefit under this Plan. 1.22 "Qualified Benefit" means any benefit excluded from the Employee's taxable income under Chapter I of the Code other than Sections 106(b), 117, 124, 127 or 132 and any other benefit permitted by the Income Tax Regulations (i.e. any life insurance coverage that is included in gross income by virtue of exceeding the dollar limitation on nontaxable coverage under Code Section 79). Notwithstanding the previous sentence, long-term care insurance is not a "Qualified Benefit". Page 3 467 Page 4 468 1.23 "Qualifying Event" means an event which would create an opportunity, under certain conditions, for an Employee to enroll in benefits, change benefit elections or cease participation in Qualified Benefits offered under this Plan at times other than during open enrollment. 1.24 "Section 125" means Code Section 125 which is titled "Cafeteria Plans". ARTICLE 2 — ELIGIBILITY AND PARTICIPATION 2.01 Eligibility to Participate. Each active Employee who is eligible to participate in for a health insurance plan sponsored by the Employer is eligible to participate in this Plan and underlying Qualified Benefits. No enrollment in this Plan is necessary. Participation is automatic if the Employee enrolls in one or more Qualified Benefits. The provisions of this Article are not intended to override any eligibility requirement(s) or waiting period(s) specified in applicable Benefit Plans or Policies, and the terms of eligibility and participation for the Benefit Plans and Policies shall be subject to the requirements of their respective governing documents. 2.02 Termination of Participation. Participation ends on the earlier of- The f The date your eligibility ends; The date your employment ends; or The date this Plan is terminated Certain laws such as COBRA and FMLA may allow you to continue participating in the Benefit Plans or Policies available under this Plan; however, you may not be eligible to use this plan to obtain tax-free benefits. Page 5 469 2.03 Qualifying Leave under FMLA. Notwithstanding any provision to the contrary in this Plan, if a Participant goes on a qualifying leave under the Family and Medical Leave Act, then to the extent required by the FMLA, the Participant will be entitled to continue Participant's Benefit Plans or Policies that provide health coverage on the same terms and conditions as if the Participant were still an active Employee. The Plan Administrator will establish a procedure for the payment of premiums and contributions for other benefits with the intent of providing a means for the Participant to have continuous coverage while on leave. Generally, payment of premiums and contributions shall be made before the month of coverage. Such rules and payment options will be administered in accordance with regulations issued under Code Section 125 and in accordance with the FMLA. 2.04 Non-FMLA Leave. If a person goes on an unpaid leave that does not affect eligibility under this Plan or the Benefit Plans or Policies chosen by the Participant, then the Participant will continue to participate and the premiums or contributions will be paid by one of the options described in the immediately preceding provision. If a Participant goes on an unpaid leave that affects eligibility under this Plan or the Benefit Plans or Policies, coverage will tenninate at the end of the month that leave becomes effective as defined in Article 3.05. Upon return from an unpaid leave, participation in the Plan will be in accordance with Article 3.02 If such policy requires coverage to continue during the leave but permits a Participant to discontinue premiums or contributions while on leave, the Participant will, upon returning from leave, be required to repay the premiums or contributions not paid by the Participant while on leave. Page 6 470 ARTICLE 3 - BENEFIT ELECTIONS 3.01 Election of Contributions. An Employee may elect to participate in any of the Qualified Benefits offered under this Plan provided the eligibility requirements have been met. The premiums and/or contributions for such Qualified Benefits will be tax-free under this Plan if permitted under federal, state or local law. The election of any Qualified Benefit will serve as an election to participate in this Plan. Such elections are optional, subject to the rules stated herein and in the Benefit Plans and/or Policies. The Employee may retain any or all earned income (cash) in lieu of benefits. The Employer may contribute to any or all Qualified Benefits however the Employee has no right to such contributions unless the Qualified Benefit is elected and the Employee pays a corresponding premium and/or contribution. 3.02 Newly -eligible Employees. Employees that become eligible to participate in this Plan, either due to new employment or regaining eligibility including returning from non-FMLA leave, shall have 30 days to make an election to participate in any or all of the Qualified Benefits. Such election shall take effect on the first day of the month following 30 days of employment or return from non-FMLA leave. Elections may be made via electronic enrollment and/or paper form, as required by the Employer. Some Qualified Benefits may require the separate approval of the benefit provider and the election of a Qualified Benefit which is not guaranteed. 3.03 Open Enrollment. An Open Enrollment period will be established by the Employer before the start of each Plan Year. Both current Participants and newly -eligible Employees may elect from the Qualified Benefits made available for the coming Plan Year using the Employer -designated electronic enrollment system. The Open Enrollment period is a limited time that has a deadline for making elections that ends days or weeks before the new Plan Year starts. Once the Open Enrollment ends, no further elections for the new Plan Year will be accepted. Failure to make an election may have one or more of the following consequences: a. You may be automatically re -enrolled in the same Qualified Benefit(s) you had before the new Plan Year if the same option(s) continues to be available. b. You may be enrolled in the Qualified Benefit(s) that most closely matches the Qualified Benefit(s) you had before the new Plan Year began (as determined by the Employer). c. You may be excluded from participating in the Qualified Benefit(s) for the new Plan Year. The Employer has sole discretion regarding which of the above options apply to each available Qualified Benefit if an eligible Employee fails to make an election during the Open Enrollment period. Page 7 471 3.04 Mid -Plan Year Election Changes. An eligible Employee may enroll in Qualified Benefits, change prior elections, or cease participation in Qualified Benefits during a Plan Year only under the following conditions: a. The Employee or a Dependent experiences a Qualifying Event that is listed under Section 125 of the Internal Revenue Code, as amended. Such Qualifying Events include but are not limited to marriage, divorce, legal separation, adding an eligible dependent, losing an eligible dependent, or a change in employment that affects eligibility for coverage including changes pursuant to FMLA. b. The Employee must notify the Human Resources Department of the Employer of the Qualifying Event and any desired changes in elections in writing on an Employer -approved form or electronic enrollment system on or before 30 days after the Qualifying Event. c. Any requested changes in elections (whether a new election, change or ceasing participation) must be on account of the Qualifying Event and consistent with the nature of the Qualifying Event. Except for special enrollment rights required by HIPAA for birth, adoption or placement for adoption for a child, all election changes will be prospective and will take effect on the date determined by the Plan Administrator. 3.05 Effect of Termination of Employment and Loss of Eligibility on Elections Termination of employment or cessation of eligibility will automatically revoke any elections made under this Plan. The effective date of such revocations will be determined by the Plan Administrator and may vary for each Qualified Benefit. Participants may have rights to continue certain Qualified Benefits under COBRA. Rehires that meet all eligibility requirements may make new elections in the Qualified Benefits subject to availability and timing with respect to the Plan Year. ARTICLE IV — BENEFIT FUNDING 4.01 Source of Benefit Funding The cost of Qualified Benefits may be funded through any or all of the following: Employee pre-tax contributions Employee post -tax contributions Conditional Employer contributions The Employee's cost of each Qualified Benefit shall be reduced by conditional Employer contributions, if any. The Employee's contributions, if any, shall be pre-tax if made via payroll deductions and permitted by Section 125. Employee contributions made by some Page 8 472 means other than payroll deduction shall be post -tax. Employer contributions for each Qualified Benefit and benefit level under the Qualified Benefit shall be the same for similarly -situated Participants except as stated in 4.02. 4.02 Reduction of Elections to Prevent Discrimination If the Employer determines that the Plan may fail to satisfy any requirement of Section 125 or any limitation on pre-tax contributions allocable to Key Employees or Highly - Compensated Employees, the Plan Administrator may take such actions as deemed appropriate under rules uniformly applicable to similarly situated Participants, to assure compliance with such requirement or limitation. Such action may include, without limitation, a modification or revocation of a Highly -Compensated Employee or Key Employee's election without consent of such Employee. ARTICLE V - BENEFITS 5.01 Qualified Benefits Eligible Employees may elect one or more of the following Qualified Benefits: • Medical Insurance • Dental Insurance • Vision Insurance • Health Care Flexible Spending Account • Dependent Care Flexible Spending Account • Health Savings Account Contributions • Other select health insurance plans that qualify under Code Sections 105 and 106 and that are not funded by the Employer 5.02 Cash Benefit Any earned income not used to purchase Qualified Benefits with pre-tax contributions under this Plan or post -tax contributions shall be paid to the Employee as normal compensation. Page 9 473 ARTICLE VI — PLAN ADMINISTRATION 6.01 Allocation of Authority The Indian River County Board of County Commissioners, an applicable governing body, or an authorized officer of the Employer shall appoint a Plan Administrator that keeps the records for the Plan and shall control and manage the operation and the administration of then Plan. The Plan Administrator shall be an Employee or legal representative of the Employer. The Plan Administrator shall have the exclusive right to interpret the Plan and to decide how all matters arising thereunder, including the right to make determinations of fact, and construe and interpret possible ambiguities, inconsistencies, or omissions in the Plan. In the case of an insured Benefit Plan or Policy, the insurer shall be the named fiduciary with respect to benefit claim determinations thereunder, and with respect to benefit claims shall have all of the powers of the Plan Administrator described herein. All determinations of the Plan Administrator with respect to any matter hereunder shall be conclusive and binding on all persons. Without limiting the generality of the foregoing, the Plan Administrator shall have the following powers and duties. a. To require any person to furnish reasonable information for the purpose of the proper administration of the Plan as a condition to receiving any benefits under the Plan. b. To make and enforce such rules and regulations and prescribe the use of such forms as the Plan Administrator may deem necessary for the efficient administration of the Plan. c. To decide on questions concerning the Plan and the eligibility of any Employee to participate in the Plan and to make and revoke elections under the Plan, in accordance with the provisions of the Plan. d. To determine the amount of benefits which shall be payable to any person in accordance with the provisions of the Plan; to inform the Employer or insurer as appropriate, of the amount of such benefits; and to provide a full and fair review to any Participant whose claim has been denied in whole or in part. e. To designate other persons to carry out any duty or power which may or may not otherwise be a fiduciary responsibility of the Plan Administrator, under the terms of the Plan. f. To keep records or all acts and determinations, and to keep such records, books of account, and data and other documents as may be necessary for the proper operation of the Plan. g. To do all things necessary to operate and administer the Plan in accordance with its provisions. Page 10 474 6.02 Payment of Administrative Expenses The Employer shall pay all reasonable expenses incurred in administering the Plan. 6.03 Reporting and Disclosure Obligations Unless specified otherwise, it shall be the Employer and Plan Administrator's sole responsibility to comply with all filings, reporting, and disclosure requirements, imposed by the DOL and/or IRS. Furthermore, the Employer and Plan Administrator shall be required to amend the Plan as is necessary to ensure compliance with applicable tax and other laws and regulations. 6.04 Indemnification The Plan Administrator and designees shall be indemnified by the Employer against claims, and the expenses of defending against such claims, resulting from any action or conduct relating to the administration of the Plan except claims arising from gross negligence, willful neglect, or willful misconduct. ARTICLE VII — PLAN FUNDING The Plan shall be funded with amounts withheld from Compensation pursuant to Participant elections and contributions the Employer may choose to make to offset the Participant's cost of certain Qualified Benefits. The Employer may elect to pay all, part or none of the cost of each Qualified Benefit or tier within each benefit. The Employer will apply all such amounts, without regard to their source, to pay for the Qualified Benefits provided herein as soon as administratively feasible and shall comply with all applicable regulations promulgated by the DOL taking into considerations any enforcement procedures adopted by the DOL. ARTICLE VIII — CLAIM PROCEDURES The Plan has established procedures for reviewing claims denied under this Plan and those claims review procedures are set forth in the respective policies and other documents for each Qualified Benefit. The Plan's claim review process as set forth in such policies and documents shall only apply to issues germane to the pre-tax benefits available under this plan (i.e. such as a determination of a Change in Status, change in cost or coverage, or eligibility and participation matters under this Plan), and to the extent offered under the Plan, claims for benefits under the Flexible Spending Accounts. Page I I 475 ARTICLE IX — AMENDMENT OR TERMINATION OF THE PLAN 9.01 Permanency While the Employer fully expects this Plan will continue indefinitely, due to unforeseen, future contingencies, permanency of the Plan shall be subject to the Employer's right to amend or terminate the Plan, as provided in Sections 9.02 and 9.03 below. Nothing in this Plan is intended to be or shall be construed to entitle any Participant, retired or otherwise, to vested or non -terminable benefits. 9.02 Employer's Right to Amend The Employer reserves the right to amend at any time any or all provisions of the Plan. All amendments shall be made in writing and shall be approved by the Employer in accordance with its normal procedure for transacting business (e.g. by approval by the Board of County Commisioners or designated officer). Such amendments shall apply retroactively or prospectively as set forth on the amendment. Each Benefit Plan shall be amended in accordance with the terms specified therein, or, if no amendment procedure is prescribed, in accordance with this section. 9.03 Employer's Right to Terminate The Employer reserves the right to discontinue or terminate the Plan without prejudice at any time and for any reason without notice. Such decision to terminate the Plan shall be made in writing and shall be approved by the Employer in accordance with its normal procedure for transacting business. 9.04 Determination of the Effective Date of Amendment or Termination Any such amendment, discontinuance, or termination shall be effective as of such date as the Employer shall determine. ARTICLE X — GENERAL PROVISIONS 10.01 Not an Employment Contract Neither this Plan nor any action taken with respect to it shall confer upon any person the right to continue employment with any Employer. 10.02 Applicable Laws The provisions of the Plan shall be construed, administered, and enforced according to applicable federal law and the laws of the state of the principal place of business of the Employer to the extent not preempted. Page 12 476 10.03 Post -Mortem Payments Any benefit payable under the Plan after the death of the Participant shall be paid to his surviving spouse (if any), otherwise to his estate. If there is doubt as to the right of any beneficiary to receive any amount, the Plan Administrator may retain such funds until the rights thereto are determined, without liability for any interest. 10.04 Nonalienation of Benefits Except as expressly provided by the Plan Administrator, no benefit under the Plan shall be subject in any manner to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance, or charge, and any attempt to do so shall be void. No benefit under the Plan shall in any manner be liable for or subject to the debts, contracts, liabilities, engagements, or torts of any person, 10.05 Mental or Physical Incompetency Every person receiving or claiming benefits under the Plan shall be presumed to be mentally and physically competent and of age until the Plan Administrator receives written notice, in a form and manner acceptable to it, that such person is mentally or physically incompetent or a minor, and that a guardian, conservator or other person legally vested with the care of his estate has been duly appointed. 10.06 Inability to Locate Payee If the Plan Administrator is unable to make payment to any Participant or other person to whom a payment is due under the Plan because it cannot ascertain the identity or whereabouts of such Participant or other person after reasonable efforts have been made to identify or locate such person, such payment and all subsequent payments otherwise due to such Participant or other person shall be forfeited one year after the date any such payment became first due. 10.07 Requirement for Proper Forms All communications in connection with the Plan made by a Participant shall become effective only when duly executed on any forms as may be required and furnished by, and filed with, the Plan Administrator. 10.08 Source of Payments The Employer and any insurance company contracts purchased or held by the Employer or funded pursuant to this Plan shall be the sole sources of benefits under the Plan. No Employee or beneficiary shall have any right to, or interest in, any assets of the Employer upon termination of employment or otherwise, except as provided from time to time under the Plan to such Employee or beneficiary. Page 13 477 10.09 Multiple Functions Any person or group of persons may serve in more than one fiduciary capacity with respect to the Plan. 10.10 Tax Effects Neither the Employer, its agents, the Plan Administrator makes any warranty or other representation as to whether any pre-tax contributions made to or on behalf of any Participant hereunder will be treated as excludable from gross income for local, state, or federal income tax purposes. If for any reason it is determined that any amount paid for the benefit of a Participant or beneficiary is includable in an Employee's gross income for local, state or federal income tax purposes, under no circumstances shall the recipient have any recourse against the Plan Administrator or the Employer with respect to any increased taxes or other losses or damages suffered by the Employee as a result. 10.11 Gender and Number Masculine pronouns include the feminine as well as the neutral genders, and the singular shall include the plural, unless indicated otherwise by the context. 10.12 Headings The Article and Section headings contained herein are for convenience of reference only, and shall not be construed as defining or limiting the matter contained thereunder. 10.13 Incorporation by Reference The actual terms and conditions of the separate component Benefit Plans or Policies offered under this Plan are contained in separate, written documents governing each respective benefit, and shall govern in the event of a conflict between the individual plan document, and this Plan as to substantive content. To that end, each such document , as amended or substantially replaced, is hereby incorporated by reference as if fully recited herein. 10.14 Severability Should any part of this Plan subsequently be invalidated by a court of competent jurisdiction, the remainder thereof shall be given effect to the maximum extent possible. Page 14 478 10.15 Effect of Mistake In the event of a mistake as to the eligibility or participation of an Employee, the allocations made to the account of any Participant, or amount of distributions made or to be made to a Participant or other person, the Plan Administrator shall, to the extent it deems possible, cause to be allocated or cause to be withheld or accelerated, or otherwise make adjustment of, such amounts as will in its judgment accord to such Participant or other person the credits to the account or distributions to which he is properly entitled. Such action by the Plan Administrator may include withholding of any amounts due to the Plan or the Employer from Compensation paid by the Employer, or other actions as it deems necessary to collect from the Participant or other person overpayments or improper benefits received by the Participant or other person. 10.16 Provisions Relating to Insurers No insurer shall be required or permitted to issue an insurance policy or contract that is inconsistent with the purposes of this Plan, nor be bound to take any action not in accordance with the terms of any policy or contract with this Plan. The insurer shall not be deemed to be a party to this Plan, nor shall it be bound to interpret the construction or validity of the Plan. The insurer shall be protected from its good faith reliance on the written representations and instructions of the Plan Administrator, and shall not be responsible for the initial or continued qualified status of the Plan. 10.17 Jurisdiction This Plan shall be construed and enforced according to the laws of the State of Florida, except to the extent those laws are preempted by the laws of the United States of America. The venue for any actions shall be Indian River County or in federal court in the Southern District of Florida Page 15 479 IN WITNESS WHEREOF, the Employer has executed this Plan as of the date set forth below. EMPLOYER'S ACKNOWLEDGEMENT As evidenced by the formal execution of this document, the undersigned Employer adopts this Plan, which is an amendment and restatement of an earlier Plan dated October 1, 2011. In doing so, the undersigned Employer acknowledges that the Plan Document is an important legal instruments with significant legal and tax implications. The Employer also acknowledges that it has read this Plan Document in its entirety, has consulted independent legal and tax counsel other than representatives of JAG Enterprises, LLC (d.b.a. BenefitsWorkshop), to the extent considered necessary, and accepts full responsibility for participation of the Employees hereunder and then operation of the Plan. The Employer acknowledges that, as Employer and Plan Administrator, it shall have sole responsibility to comply with all filings, reporting, disclosure and other requirements imposed by the DOL, IRS, or any other government agency. Furthermore, the Employer further acknowledges that it shall bear sole responsibility for amending the Plan as necessary to ensure compliance with applicable tax, labor, and other laws and regulations. It is also understood and agreed that JAG Enterprises, LLC (d.b.a. BenefitsWorkshop), and its agents, and representatives, are not providing legal or tax advice to the undersigned Employer in connection with this Plan and no representations are made by it with respect to the operation of the Plan pursuant to any documents electronic or otherwise provided by JAG Enterprises, LLC (d.b.a. BenefitsWorkshop) to the Employer. The Plan shall be construed and enforced according to the Internal Revenue Code of 1986, as amended from time to time, the applicable regulations thereto, and the laws of the state of the principal place of business of the Employer. IN WITNESS WHEREOF, the Employer has caused this Plan to be executed on the day of to ratify the adoption of the Plan as of the Effective Date. WITNESS: Employer: By: Title: Date: Page 16 480 Indian River County Board of County Commissioners Health Care Flexible Spending Account Plan Document Introduction The Indian River County Board of County Commissioners has established this Health Care Flexible Spending Account Plan (the "Plan") to meet the needs of those of its Employees who are Participants in the Plan. The purpose of this Plan is to provide for the medical protection for certain Participants, their spouses and their dependents. The Plan will provide benefits only for certain items of health care expenses which are not covered by any other type of employee benefit plan or individual insurance. The Plan is intended to qualify as a self-insured medical reimbursement plan as defined in Section 105 of the Internal Revenue Code of 1986, as amended (the "Code"). The Effective Date of this Plan is October 1, 2015. This is an amendment or restatement of the Health Care Flexible Spending Account Plan dated October 1, 2011. The Plan Sponsor, Plan Administrator, Benefit Administrator, a benefits committee, and/or a third party claims administrator is hereby granted discretionary authority to determine eligibility for benefits and/or to construe the terms of the plan. Definitions a. Anticipated Contributions - means the total amount of contributions the participant is expected to make during the plan year. b. Benefit Administrator - means an individual appointed by the Board of County Commissioners or other governing body of the Employer. c. Benefit Period — the period beginning on the date participation begins within a given Plan Year and ending on the earlier of the date participation ends for that Plan Year or the date two and one-half months after the end of the Plan Year. d. Code — means the Internal Revenue Code of 1986 as amended. e. Coverage Period - means a period of time during the Plan Year in which benefits are stable due to a regular contribution amount. f Effective Date — October 1, 2015. g. Eligibility Requirement means the requirement(s) for participation stated herein. h. Employer - means the Indian River County Board of County Commissioners and affiliated political subdivisions that have elected to participate. 1 481 i. Employee - means any person who is employed by the Employer for purposes of the Federal Insurance Contributions Act. j. HSA — means Health Savings Account authorized under Section 223 of the Internal Revenue Code. k. IRS — means the Internal Revenue Service. 1. Participant - means any Employee who has satisfied the eligibility requirements of the Plan and who elects to make contributions to the Plan and actually makes such contributions. m. Plan Administrator - means the Indian River County Board of County Commissioners or its designee, if any. n. Plan Year — The initial Plan Year for this Plan Document is October 1, 2015 to September 30, 2016. Subsequent Plan Years shall be twelve (12) month periods beginning each October 1 and ending on the following September 30. o. QDRO — means Qualified Domestic Relations Order. Eligibility The eligible Employee may elect to participate in the Plan upon completion of the Eligibility Requirements specified by the Employer in the Section 125 Plan in Section 2.01. If the eligible Employee elects to participate in the Plan during open enrollment and makes the required contributions, coverage shall begin on the October 1 immediately following the election if the election is made during open enrollment, or the first day of the month following 30 days of eligibility for mid -year elections. If the Eligible Employee elects to participate or change an election in the Plan during the Plan Year as allowed due to new eligibility or a qualifying event, coverage shall begin on the first day of the month following the election. Participation shall continue until the earlier of the last day of the Plan Year or the date coverage ceases. Each Employee who terminates employment with the Employer during a Plan Year that is later rehired and becomes eligible for this Plan during the same Plan Year shall be treated as a newly - eligible employee for the purposes of election rights. Termination of Eligibility The eligibility of a Participant will cease upon the earlier of the following: • The date your eligibility ends; • The date your employment ends; or • The date this Plan is terminated 482 If eligibility ceases during a Plan Year, the former Participant may not make a new election for the remainder of the Plan Year. Participation in the Health Care Flexible Spending Account may be continued beyond the termination of eligibility as permitted under the Family Medical Leave Act (FMLA) as described in section 2.03 of the Cafeteria Plan or the Consolidated Omnibus Budget Reconciliation Act (COBRA). Continuation of Coverage Participants and qualified dependents may have a right to continue coverage under the provisions of COBRA through the end of the plan year in which coverage would otherwise cease. Benefits The Employer shall establish minimum and maximum annual Employee contributions for each Plan Year, subject to statutory limits. Such minimum and maximum annual Employee contributions shall be communicated to Employees during the annual enrollment period or upon eligibility, as applicable. The amount available for reimbursement shall be the Employee's Anticipated Contributions during the Plan Year minus the amount already reimbursed during the Plan Year via check, direct deposit, debit card transaction or other means. Not later than ninety (90) days following the date upon which the Participant submits appropriate claim information, the Employer shall reimburse the Participant up to the Anticipated Contribution for a given Coverage Period for all eligible expenses incurred by the Participant during the Plan Year and defined as reimbursable under Code Section 105 for himself and his spouse and/or his tax dependents, if any. The Employer shall not reimburse the Participant for any amounts payable under any other employee benefit plan or policy or any individual insurance by which the Participant, his spouse, or dependents are covered. All such reimbursements must comply with Code Section 213(d), however, the Employer may restrict or limit such coverage by means of administrative rules provided such rules are made known to Employees prior to the beginning of each Plan Year or the date of the Employee's eligibility, as applicable. The IRS and other government entities may further restrict or limit which expenses are eligible. The Plan Administrator shall have final discretion as to which expenses are eligible for reimbursement. 483 ualified Domestic Relations Order A court with jurisdiction over the employee, spouse and/or dependents covered by this Plan may through the issuance of a QDRO may allocate all or a portion of the available benefits under this Plan for the exclusive benefit of any or all of such persons as long as the total of all benefits for a Participant, the Participant's spouse and the Participant's dependents does not exceed 100% of the Anticipated Contributions for the Plan Year. Eli ible_ Expenses for HSA Plan Participants HSA participants are those that are eligible to make contributions to a Health Savings Account plan qualified under Section 223 of the Internal Revenue Code. Expenses eligible for reimbursement under this Limited -Purpose Health Care Flexible Spending Account Plan include those incurred during the Benefit Period for the prevention, diagnosis, cure, mitigation, or treatment of disease, for the purpose of affecting any structure or function of the body, or for the treatment and cure of bodily injury resulting from accidents and for transportation primarily for and essential to medical care for himself, his spouse and his covered dependents, as defined in Code Section 105. Additionally, reimbursable expenses must be for dental, vision or hearing care, and out-of-pocket expenses incurred after the calendar year deductible under the Employer's HSA - compatible medical insurance plan as evidenced by an Explanation of Benefits. Medical expenses covered by the Employee's HSA plan, the Employer-sponsored medical insurance plan, or paid by any other plan or insurance program are not eligible. Covered persons include the Participant and any individuals considered by the IRS as spouse or dependents for income tax purposes. The Participant may not be reimbursed for any amounts payable under any other employee benefit plan or policy or any individual insurance by which the Participant, his spouse, or dependents are covered. All reimbursements must comply with Code Section 213 and/or specific guidance issued by the IRS related to the Plan, however, the Employer may restrict or limit such coverage by means of administrative rules provided such rules are made known to Employees prior to the beginning of each Plan Year or the date of the Employee's eligibility, as applicable. Eligible Expenses for non -HSA Plan Participants Expenses eligible for reimbursement for Participants not eligible to make contributions to a Health Savings Account plan include those incurred during the Benefit Period for the prevention, diagnosis, cure, mitigation, or treatment of disease, for the purpose of affecting any structure or function of the body, or for the treatment and cure of bodily injury resulting from accidents and for transportation primarily for and essential to medical care for himself, his spouse and his covered dependents, as defined in Code Section 105. Additionally, reimbursable expenses must be for medical, dental, vision or hearing care. Medical expenses covered by any Employer-sponsored medical insurance plan, or paid by any other plan or insurance program are not eligible. Covered persons include the Participant and any individuals considered by the IRS as spouse or dependents for income tax purposes. 4 484 The Participant may not be reimbursed for any amounts payable under any other employee benefit plan or policy or any individual insurance by which the Participant, his spouse, or dependents are covered. All reimbursements must comply with Code Section 213 and/or specific guidance issued by the IRS related to the Plan, however, the Employer may restrict or limit such coverage by means of administrative rules provided such rules are made known to Employees prior to the beginning of each Plan Year or the date of the Employee's eligibility, as applicable. Benefit Period The Participant shall be permitted to submit requests for reimbursement of eligible expenses incurred during the Benefit Period. Claims Procedure A Participant shall make a claim for Benefits by making a request in accordance with the terms of this Plan Document. Requests must be received within ninety (90) days after the date participation ends within the Plan Year or ninety (90) days after the end of the Plan Year, whichever is earlier. If a claim is wholly or partially denied, notice of a decision shall be furnished to the Participant within a reasonable period of time, not to exceed ninety (90) days after receipt of the claim by the Benefit Administrator or its designee, unless special circumstances require an extension of time for processing the claim. If an extension of time is required, written notice of the extension shall be furnished to the Participant prior to the termination of the initial ninety (90) day period. In no event shall the extension exceed a period of ninety (90) days from the end of the initial period. The extension notice shall indicate the special circumstances requiring an extension of time and the date on which the Benefit Administrator or its designee expects to render a decision. The Benefit Administrator or its designee shall, upon request, provide a Participant who is denied a claim for benefits written notice setting forth, in a manner calculated to be understood by the claimant, the following: a. a specific reason or reasons for the denial; b. specific reference to pertinent Plan provisions upon which the denial is based; c. a description of any additional material or information necessary for the claimant to perfect the claim and an explanation of why that material or information is necessary; d. an explanation of the Plan's claim review procedure, as set forth below. 5 485 The purpose of the review procedure set forth herein is to provide a procedure by which a Participant, under the Plan, may have reasonable opportunity to appeal a denial of a claim to the Benefit Administrator or its designee for a full and fair review. To accomplish that purpose, the Participant, or his duly authorized representative may: a. request review upon written application to the named fiduciary; b. review pertinent Plan documents; and c. submit issues and comments in writing. A Participant or his duly authorized representative shall request a review by filing a written application for review with the Benefit Administrator or its designee at any time within sixty (60) days after receipt of written notice of the denial of his claim. Decision on review of a denied claim shall be made in the following manner: a. The decision on review shall be made by the Benefit Administrator or its designee, which may, in its discretion, hold a hearing on the denied claim; the Benefit Administrator or its designee shall make its decision not later than sixty (60) days after the Benefits Administrator or its designee receives the request for review, unless special circumstances require extension of time for processing, in which case a decision shall be rendered as soon as possible, but not later than one hundred twenty (120) days after receipt of the request for review. If an extension of time for review is required, written notice of the extension shall be furnished to the Participant prior to the commencement of the extension. b. The decision on review shall be in writing and shall include specific reasons for the decision, written in a manner calculated to be understood by the Participant, and specific references to the pertinent Plan provisions on which the decision is based. c. In the event that the decision on review is not furnished within the time period set forth above, the claim shall be deemed denied on review. If a dispute arises with respect to any matter under this Plan, the Benefit Administrator or its designee may refrain from taking any other or further action in connection with the matter involved in the controversy until the dispute has been resolved. Repayment of Excess Reimbursements If it is determined that a Participant has received reimbursements (including via debit card) in excess of the amount of eligible expenses, the Benefit Administrator or its designee shall give the Participant written notice of any excess amount, and the Participant shall repay the amount of such excess to the Employer within sixty (60) days of such notice. 486 Coordination of Benefits The Plan is intended solely to pay benefits for unreimbursed health care expenses as defined by IRC Section 213(d), with the exception that reimbursement of premiums is not permitted. Accordingly, it shall not be considered a group health plan for coordination of benefits purposes, and its benefits shall not be taken into account when determining benefits under any other plan. Disposition of Unused Funds If an Employee's contributions exceed the amount reimbursed after the end of the claim filing period for the Plan Year (or the date of any final action by the Benefit Administrator, whichever is later), up to $500 of the excess contributions will be added to the subsequent Plan Year's account balance provided the Employee remains a Participant for that Plan Year. Unused amounts above $500 will be forfeited. If the Employee does not remain a Participant for the subsequent Plan Year all excess contributions will be forfeited. The Employer may use any remaining funds as it sees fit except it may not return the funds to the Participants to offset any forfeiture. Funding Contributions required to pay benefits under this Plan shall consist of contributions by the Participants under the Employer's Flexible Benefit Plan, and other funds from the general assets of the Employer, if needed. Continuation of Coverage under COBRA Participants in this Plan may have rights to continue participation under Code Section 4980B (commonly known as COBRA) if the participant or a family member experience a qualifying event that would otherwise cause coverage to end. Participants are notified of specific rights under COBRA via a separate notice. HIPAA Privacy Federal regulations including the Health Insurance Portability and Accountability Act define the rights and obligations of participants, the Employer and the Plan with regard to protecting the privacy of personal health information. Plan Administrator The Plan Administrator shall be named fiduciary of the Plan and shall have the authority to manage the operation and administration of the Plan and to adopt such rules and regulations consistent with the Plan as it shall deem appropriate to administer the Plan. All determinations by the Plan Administrator shall be conclusive and binding on all Participants, their spouses and dependents. 7 487 Amendment and Termination This Plan may be amended, suspended or terminated at any time by the governing body of the Employer. Gender and Number Masculine pronouns include the feminine as well as the neutral genders, and the singular shall include the plural, unless indicated otherwise by the context. Miscellaneous Except where otherwise indicated by the context, any masculine terminology used herein shall also include the feminine and vice versa, and the definition of any term herein in the singular shall also include the plural, and vice versa. This Plan shall not be deemed to constitute a contract between the Employer and any Participant or Employee or to be consideration or an inducement for the employment of any Participant or Employee. Nothing contained in this Plan shall be deemed to give any Participant or Employee the right to be retained in the service of the Employer or to interfere with the right of the Employer to discharge any Participant or Employee at any time regardless of the effect the discharge shall have upon him as a Participant of this Plan. This Plan shall be construed and enforced according to the laws of the State of Florida, except to the extent those laws are preempted by the laws of the United States of America. The venue for any actions shall be Indian River County or in federal court in the Southern District of Florida IN WITNESS WHEREOF, the Employer has caused this indenture to be executed on the day of 120 By: Title: ATTEST: By: Title: Cf:� Indian River County Board of County Commissioners Dependent Care Flexible Spending Account Plan Document Introduction The Indian River County Board of County Commissioners has established this Dependent Care Flexible Spending Account Plan (the "Plan") to meet the needs of those of its Employees who are Participants in the Plan. The purpose of this Plan is to provide for the work-related custodial dependent care for certain Participants, their spouses and their dependents. The Plan is intended to qualify as a dependent care assistance plan as defined in Section 129 of the Internal Revenue Code of 1986, as amended (the "Code"). This is an amendment or restatement of the Health Care Flexible Spending Account Plan dated October 1, 2011. The Plan Sponsor, Plan Administrator, Benefit Administrator, a benefits committee, and/or a third party claims administrator is hereby granted discretionary authority to determine eligibility for benefits and/or to construe the terms of the plan. Definitions a. Benefit Administrator - means an individual appointed by the Board of County Commissioners or other governing body of the Employer. b. Benefits - means the amounts paid to Participants under the Plan as reimbursements for Eligible Employment Related Expenses incurred by a Participant. c. Code — means the Internal Revenue Code of 1986 as amended. d. Dependent - means any individual who is a dependent of a Participant within the meaning of Code Section 152(a). e. Earned Income - means all income derived from wages, salaries, tips, self-employment and other employee compensation but does not include any amounts received (i) under the Plan or any other dependent care assistance program under Code Section 129; or (ii) as a pension or annuity. f. Effective Date — means October 1, 2015. g. Eligibility Requirement - means the requirement(s) for participation set forth herein. h. Eligible Employee - means any individual employed by the Employer for purposes of the Federal Insurance Contributions Act. 489 i. Eligible Employment Related Expenses - means all Employment Related Expenses incurred by a Participant which are paid to a person who is not: • a Dependent of the Participant; • the Participant's Spouse; or • a child of the Participant under the age of 19. j. Employer - means the Indian River County Board of County Commissioners and affiliated political subdivisions that have elected to participate. k. Employment Related Expenses - means expenses incurred for Qualifying Services or for the cost of sending a child of the Participant to a Qualifying Day Care Center. 1. Participant - means any Employee who has satisfied the eligibility requirements under Article III of the Plan. m. Plan Administrator - means the Indian River County Board of County Commissioners or its designee, if any. n. Plan Year - The initial Plan Year for this Plan Document is October 1, 2015 to September 30, 2016. Subsequent Plan Years shall be twelve (12) month periods beginning each October 1 and ending on the following September 30. o. Qualifying Day Care Center - means: a day care center which complies with all applicable laws and regulations; provides care for more than six individuals, other than individuals who reside at the day care center; and receives a fee payment or grant for providing Qualifying Services for the individuals. p. Qualifying Individual - means: a Dependent of a Participant who is under the age of 13; a Dependent of a Participant who is physically or mentally incapable of caring for himself, or the Spouse of a Participant, if he is physically or mentally incapable of taking care of himself. 2 490 q. Qualifying Services - means Services performed: in the home of the Participant; or outside the home of the Participant for the care of a Dependent who is under the age of 13, or for the care of a Qualifying Individual other than a Dependent under the age of 13, who regularly spends at least eight (8) hours a day in the Participant's household. r. Services - means custodial services performed to enable a Participant or Spouse to remain gainfully employed and which are related to the care of a Qualifying Individual. s. Spouse - means the spouse of a Participant but shall not include an individual separated or divorced from a Participant. t. Student - means an individual who, during each of five calendar months during a Plan Year, is a full-time student at an educational institution. Eli ibili The Employee may elect to participate in the Plan upon completion of the Eligibility Requirements specified by the Employer in the Section 125 Plan in Section 2.01. If the Eligible Employee elects to participate in the Plan during open enrollment and makes the required contributions, coverage shall begin on the October 1 immediately following the election. If the Eligible Employee elects to participate or change an election in the Plan during the Plan Year as allowed due to new eligibility or a qualifying event, coverage shall begin on the first day of the month following the election. In addition to the qualifying events defined in the Cafeteria Plan Document that permit mid -year election changes, Eligible Employees may begin participation, change contributions or cease participation if the cost of Qualifying Services changes in a manner consistent with the requested election change. Participation shall continue until the earlier of the last day of the Plan Year or the date coverage ceases. Each Employee who terminates employment with the Employer during a Plan Year that is later rehired and becomes eligible for this Plan during the same Plan Year shall be treated as a newly - eligible employee for the purposes of election rights. 491 Termination of Eligibility The eligibility of a Participant will cease upon the earlier of the following: • The date your eligibility ends; • The date your employment ends; or • The date this Plan is terminated Benefits Each Participant in the Plan shall be eligible to receive Benefits under the Plan for all Eligible Employment Related Expenses incurred by the Participant after he became a Participant in the Plan, subject however to the limitations herein. Claim for Benefits Each Participant who desires to receive a Benefit under the Plan for Eligible Employment Related Expenses incurred for Qualifying Services shall, upon request, submit to the Benefit Administrator or its designee a written statement containing the following information: a. name of the Dependent for whom the Qualifying Services are to be performed; b. the nature of the Qualifying Services performed for the Participant, the cost for which he wishes to be reimbursed; c. the relationship, if any, of the person performing the Qualifying Services to the Participant; d. if the Qualifying Services are being performed by a child of the Participant, the age of that child; e. a statement as to where the Qualifying Services will be performed; f. if the Qualifying Services are being performed in a day care center, a statement that (a) the day care center complies with all applicable laws and regulations; (b) the day care center provides care for more than six individuals (other than individuals residing at the center); and (c) the amount of compensation paid to the center; g. if the Participant is married, a statement of (a) the Spouse's compensation if he is employed, or (b) if the Participant's Spouse is not employed, a statement that (1) he is incapacitated or (2) he is a full-time student attending an educational institution and the months during the year which he will attend the educational institution; h. the name, address, and the Federal Tax Identification Number or Social Security Number of the individual or organization providing the care. The Federal Tax Identification Number or Social Security Number is not required if the individual or organization is tax- exempt. 492 If the Participant is eligible to receive Benefits under the Plan, he shall submit a statement stating the amount of Eligible Employment Related Expenses incurred by the Participant to the Benefit Administrator or its designee within ninety (90) days after the date participation ends within the Plan Year or the ninety (90) days after end of the Plan Year, whichever is earlier. Within thirty (30) days of receiving the statement, the Benefit Administrator or its designee shall pay the Participant the Benefits to which he is entitled under the Plan. Limitations on Benefits A Participant may not receive Benefits for Eligible Employment Related Expenses incurred for any month in excess of his Earned Income for that month. If the Participant is married, he/she may not receive benefits for any month in excess of the lesser of: a. his Earned Income for the month; or b. the Earned Income of his/her Spouse for that month. A Spouse who is not employed during any month in which the Participant incurs Eligible Employment Related Expenses, and is either incapacitated or a Student, shall be deemed to have Earned Income for that month of: a. $250, if there is one Qualifying Individual for whom the Participant incurs Eligible Employment Related Expenses; or b. $500, if there is more than one Qualifying Individual for whom the Participant incurs Eligible Employment Related Expenses. A Participant may not receive Benefits for Eligible Employment Related Expenses for any calendar year in excess of $5,000.00. A married Participant who files a separate individual tax return may not receive Benefits for Eligible Employment Related Expenses for any calendar year in excess of $2,500.00. Funding Contributions required to pay Benefits under this Plan shall consist of contributions by the Participant. Plan Administrator The Plan Administrator shall be the named fiduciary of the Plan and shall have the authority to manage the operation and administration of the Plan and to adopt such rules and regulations consistent with the Plan as it shall deem appropriate to administer the Plan. All determinations by the Plan Administrator shall be binding upon Participants, their spouses and dependents. 493 Claims Procedure A Participant shall make a claim for Benefits by making a request in accordance with the Claim for Benefits section. If a claim is wholly or partially denied, notice of a decision shall be furnished to the Participant within a reasonable period of time, not to exceed ninety (90) days after receipt of the claim by the Benefit Administrator or its designee, unless special circumstances require an extension of time for processing the claim. If an extension of time is required, written notice of the extension shall be furnished to the Participant prior to the termination of the initial ninety (90) day period. In no event shall the extension exceed a period of ninety (90) days from the end of the initial period. The extension notice shall indicate the special circumstances requiring an extension of time and the date on which the Benefit Administrator or its designee expects to render a decision. The Benefit Administrator or its designee shall, upon request, provide a Participant who is denied a claim for benefits written notice setting forth, in a manner calculated to be understood by the claimant, the following: a. a specific reason or reasons for the denial; b. specific reference to pertinent Plan provisions upon which the denial is based; c. a description of any additional material or infonnation necessary for the claimant to perfect the claim and an explanation of why that material or information is necessary; d. an explanation of the Plan's claim review procedure. The purpose of the review procedure is to provide a procedure by which a Participant, under the Plan, may have reasonable opportunity to appeal a denial of a claim to the Benefit Administrator or its designee for a full and fair review. To accomplish that purpose, the Participant, or his duly authorized representative may: a. request review upon written application to the named fiduciary; b. review pertinent Plan documents; and c. submit issues and comments in writing. A Participant or his duly authorized representative shall request a review by filing a written application for review with the Benefit Administrator or its designee at any time within sixty (60) days after receipt of written notice of the denial of the claim. 494 Decision on review of a denied claim shall be made in the following manner: a. The decision on review shall be made by the Benefit Administrator or its designee, which may, at its discretion, hold a hearing on the denied claim. The Benefit Administrator or its designee shall make its decision not later than sixty (60) days after the Benefit Administrator or its designee receives the request for review, unless special circumstances require extension of time for processing, in which case a decision shall be rendered as soon as possible, but not later than one hundred twenty (120) days after receipt of the request for review. If an extension of time for review is required, written notice of the extension shall be furnished to the Participant prior to the commencement of the extension. b. The decision on review shall be in writing and shall include specific reasons for the decision, written in a manner calculated to be understood by the Participant, and specific references to the pertinent Plan provisions on which the decision is based. c. In the event that the decision on review is not furnished within the time period set forth, the claim shall be deemed denied on review. If a dispute arises with respect to any matter under this Plan, the Benefit Administrator or its designee may refrain from taking any other or further action in connection with the matter involved in the controversy until the dispute has been resolved. Amendment and Termination This Plan may be amended, suspended or terminated at any time by the Board of County Commissioners or other governing body of the Employer. Gender and Number Masculine pronouns include the feminine as well as the neutral genders, and the singular shall include the plural, unless indicated otherwise by the context. Miscellaneous Except where otherwise indicated by the context, any masculine terminology used herein shall also include the feminine and vice versa, and the definition of any term herein in the singular shall also include the plural, and vice versa. This Plan shall not be deemed to constitute a contract between the Employer and any Participant or Employee or to be a consideration or an inducement for the employment of any Participant or Employee. Nothing contained in this Plan shall be deemed to give any Participant or Employee the right to be retained in the service of the Employer or to interfere with the right of the Employer to discharge any Participant or Employee at any time regardless of the effect the discharge shall have upon him as a Participant of this Plan. 495 This Plan shall be construed and enforced according to the laws of the State of Florida, except to the extent those laws are preempted by the laws of the United States of America. The venue for any actions shall be Indian River County or in federal court in the Southern District of Florida IN WITNESS WHEREOF, the Employer has caused this indenture to be executed on the day of .20 Title: ATTEST: LI -M Title: 496 CONSENT AGENDA INDIAN RIVER COUNTY, FLORIDA e 1 AGENDA ITEM Assistant County Administrator / Department of General Services Date: August 9, 2016 To: The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Thru: Michael C. Zito, Assistant County Administrator Subject: Request for Approval of Circus Pages License Agreement for Use of the Indian River County Fairgrounds for Event on September 9, 2016 BACKGROUND: Circus Pages Inc. has been performing annually at the Indian River County Fairgrounds since 2007. In March of 2016, the Board of County Commissioners approved an updated Operational Policy Manual and Template License Agreement for the Fairgrounds. Since the template license agreement has been modified to require additional terms and conditions for the Applicant, it is respectfully submitted for Board Approval. ANALYSIS AND ALTERNATIVES: In an effort to minimize concern over activities unique to circus acts, including protection of the public and the humane treatment of animals, the Parks Division Staff, in consultation with the County Attorney's Office and the Indian River County Humane Society has added additional terms and conditions to the template license agreement to include the following precautionary measures: • Additional insurance to include $2M General Aggregate and $1 M per occurrence. • Documented proof that all elephants have tested free of tuberculosis within the last 12 months. • A written plan for emergency situations involving dangerous or large animals approved by the Risk Manager, which includes emergency sedation, recapture or lethal immobilization if necessary. • Disclosure of any previous incidents of specific dangerous, unpredictable or aggressive behavior of any animals used during the event. • Disclosure of ages, names and health records of all animals utilized or on-site. • Disclosure of principals', officers' and directors' criminal history regarding animal related felonies or misdemeanor convictions. • Review of any citations against applicant (including employees and subcontractors of applicant) from the USDA under the Animal Welfare Act of inappropriate provision of veterinary care, inappropriate handling of animals causing stress or trauma and/or inappropriate provision of food, water, shelter or space. • Compliance of all applicable Federal and State law and licensure at the time of the event. • Review of any official notices of alleged violations or any stipulations, consent decrees or settlements entered into with the USDA within the last 5 years. F:\Assistant County Administrator\AGENDA ITEMS\2016\BCC 08 AUGUST 2016\BCC Memo - License Agmt - Circus Pages.doc 497 An informed consent provision by providing written information explaining that wild animals will be present and that there may be a risk of injury or death to the property owner, persons neighboring the property and individuals entering the site during the event. Review of a plan for emergency veterinary care. RECOMMENDATION: Staff respectfully requests that the Board approve the attached Indian River County Fairgrounds License Agreement with authorization for Chairman to sign on behalf of the Board of County Commission. ATTACHMENTS: License Agreement with Exhibits Approved enda Ite BY: b�'� J on E. Brown ounty Administrator FOR: August 16, 2016 r County Approved Date y ' W ioent F:\Assistant County AdministratoAAGENDA ITEMS\2016\BCC 08 AUGUST 2016\BCC Memo - License Agmt - Circus Pages.doc 498 INDIAN RIVER COUNTY FAIRGROUNDS LICENSE AGREEMENT License Preparation Date: July 13, 2016 Organization: Circus Pages International, Inc. Address: PO Box 303 City/State/Zip Code: Myakka City, FL 34251 Name of Event: Circus Pages Load -In Date/Time: 12am - 9/9/16 License Duration: September 9, 2016 Contact Name: Yolanda Earhart Phone:941-219-9331 E -Mail: jumpingjofa@aol.com Expected Attendance: 1,000 Load -Out Date/Time: I 1pm — 9/9/16 WITNESSETH: WHEREAS, Indian River County (the "County") is the owner of certain property known as the Indian River County Fairgrounds, located in Indian River County, Florida, (the "Fairgrounds"); and WHEREAS, the County has the authority to issue and/or execute, and Circus Paizes International Inc a Florida for profit corporation (the "Applicant") desires the issuance and/or execution of, a permit/agreement for the utilization of the Fairgrounds, which Applicant has inspected and hereby acknowledges to be sufficient for its intended purpose and/or use contemplated hereunder; and WHEREAS, Applicant warrants to the County that it is qualified and authorized to do business in the State of Florida and Indian River County, Florida and has or will obtain and maintain the proper certification, licensure, insurance, permits and all other requirements pursuant to federal, state and local laws, statutes, ordinances, rules and regulations necessary to conduct any and all activities contemplated herein, and to satisfactorily perform its obligations as herein required; and WHEREAS, the Applicant acknowledges that the use of the Fairgrounds is subject to and expressly conditioned by section 205.04 (Permits) and section 205.09 (Sale and consumption of alcoholic beverages at designated recreational facilities), of the Indian River County Code of Ordinances, if applicable at the time of the License Duration, which are hereby incorporated by reference when applicable; NOW, THEREFORE, for and in consideration of the use of the Fairgrounds and other valuable consideration, the legal sufficiency of which is hereby acknowledged by both parties, and of the mutual covenants herein contained, the parties, as indicated by their authorized representatives' signatures below, hereby agree to the terms and conditions set forth herein: A. PARK, PREMISES & EVENT SCHEDULE: This Indian River County Fairgrounds License Agreement ("License Agreement") applies to all events for the use of the Fairgrounds. The areas, personnel and facilities of the Fairgrounds Fairgrounds License Agreement Page I of 12 Initials 819116 499 which Applicant may apply for a permit, license, or use hereunder are more particularly described as Facilities (Exhibit D) a. 0 Acreage 10-5 ❑ 6-10 ❑ 11-40 ❑ 41+ b. ❑ Expo Center C. Q Expo Open Air Pavilion d. ❑ Agricultural Pavilion e. ❑ Entertainment Building f. ❑ Cook Shed g. ❑ RV Hook-up Il. ❑ Amenities ❑ Large Bleachers ❑ Small Bleachers ❑ Small Stage ❑ Stage Risers #(1-6) ❑ Trans -Stage ❑ without canopy ❑ 10X20 Tent # ❑ Light Towers ❑ Picnic Tables ❑ Hoses/Sprinklers ❑ Serving Carts ❑ Tables (30"X96") w/chairs# ❑ Marquee # weeks ❑ Internet Access ❑ Golf Carts # ❑ Expo Pavilion Curtains ❑ Fire Extinguishers # ❑ with canopy ❑ Chairs only # (the "Premises"), which Applicant acknowledges to be sufficient, as is, for its intended purpose and/or use contemplated hereunder. III. Personnel ❑ Parks Division Staff Q Indian River County Sheriff's Deputy Coverage IV. Permits Q Fairgrounds Use Permit ❑ Alcohol Permit ❑ Festival Permit Fairgrounds License Agreement Page 2 of 12 initials 819116 500 2. Applicant may use and have access to the Premises for a period, commencing at 12am , on the 91h day of September, 2016 and ending at 11 pm, on the 91h day of September, 2016, ("License Duration"), which License Duration shall include Event set-up, removal and clean-up. Where the Applicant requires usage after the stipulated time, Applicant is required to pay additional charges including, but not limited to standard hourly/daily rates and any overage fees as set forth in the Fairgrounds Fee Schedule attached as Exhibit A ("Fee Schedule"). B. AUTHORIZED USE, TERMS & CONDITIONS: 1. The Premises are to be used by Applicant for the Circus Pam (the "Event"), involving two circus themed performance with elephants white tigers camels dogs ponies horses and lions. Applicant uses "Dangerous Wild Animals" in its Event as defined in Exhibit B attached and incorporated by reference herein as well as detailed information regarding the capture and emergency plan for any elephants used in the show. At least twenty one (21) days prior to the Event Applicant shall supply to the County proof of compliance with each and every condition listed on Exhibit B. Failure by the Applicant to timely comply with the requirements contained in Exhibit B shall result in the cancellation of this License Agreement and a forfeit of all Applicants deposits to the County as liquidated damages County's Initials Applicant's Initials (a) The Event may include the following activities: circus show, performance acts with animals, elephant rides and motorcycle act. (b) The hours of the Event shall be: 4:30pm & 7:30pm on September 9 2016. (c) The Event shall be used for no other purpose whatsoever, unless prior written approval is requested in writing by Applicant and given by the County which approval shall be subject to availability but not be unreasonably withheld, conditioned, or delayed so long as such request is submitted at least 90 days prior to the beginning of the License Duration. Such change may result in a modification of the insurance requirements set forth in B. 17. 2. Applicant agrees to pay to the County as rent, costs, expenses and taxes for the use of the Premises the following sums: (a) Rental fee will be $695.50 plus any additional charges imposed at the request of the Applicant to be reconciled at the end of License Duration, based on the calculations on the attached Fee Schedule. A minimum of TWENTY-FIVE percent (25%) of the entire rental fee, $173.88 ("Event Deposit") is due upon execution of this License Agreement. The balance of the rental fee set forth above and any remaining payments, including any expenses, charges or other fees described in this License Agreement shall be due thirty (30) days prior to the Event. Any incidental charges or fees not included in this Agreement at the time of execution shall be due within five (5) business days of the conclusion of the Event as described in B. l .b. (b) A Damage Deposit of $500.00 shall be submitted no later than 30 days prior to the Event. The Damage Deposit shall be applied against the fees, costs, expenses, charges and/or delinquent payments described herein, and against any costs of repair or replacement of damages to the Fairgrounds that directly or indirectly result from the Event, whether Fairgrounds License Agreement Page 3 of 12 Initials 8/9/16 501 caused by Applicant or Applicant's employees, invitees, licensees, contractors, assignees, contestants, exhibitors or performers, or others on the Premises at Applicant's direction or invitation. The County's use of the Damage Deposit or any other sum described herein shall in no way constitute a waiver of any other right the County may have at law or equity. The Damage Deposit, to the extent unused, shall be returned to Applicant within thirty (30) business days following the Event. 3. Applicant shall be financially responsible for all charges for all materials, personnel, services and equipment that the county furnishes for the Event. Applicant shall also be financially responsible for all charges for all materials, personnel, services and equipment that are provided by non - county agencies associated with this Event (i.e., stagehands, sound/light companies, ushers). 4. This License Agreement is not a permit. As set forth in sections 205.04 (Permits) and 205.09 (Sale and Consumption of Alcoholic Beverages at Designated Recreational Facilities), of the Indian River County Code of Ordinances, the Applicant must obtain the necessary fairgrounds use permit, festival permit and alcohol permit, which collectively require the Applicant to timely obtain approvals of plans, including but not limited to, adequate sanitation facilities and sewage disposal, parking facilities, transportation of patrons, adequate medical facilities, adequate security and traffic control. Applicant shall be responsible for all costs associated with such facilities and services. 5. The County shall have the right, after coordination with the Applicant's authorized representative, to determine in its sole discretion the level of County staff necessary to service the facilities during the License Duration. Applicant shall be responsible for all additional costs for County staff and Applicant may request additional staff as needed. 6. Applicant's failure to make any of the payments required hereunder in a timely manner shall constitute a material breach and shall result in the immediate termination of this License Agreement. All fees, costs and expenses, including, without limitation, attorney's fees, incurred by the County in the collection of any payment due hereunder shall be reimbursed by Applicant. 7. Applicant (including all artists, performers, entertainers, sound technicians, employees, and subcontractors of Applicant, and any other participating in the production of the Event) shall comply and ensure compliance with the following during the Event: (a) The hours of event production and sound checks utilizing amplified sound in the Fairgrounds are restricted to: i. Sunday thru Thursdays from 10:00am-6:OOpm with a minimum of one thirty (30) minute intermission. ii. Fridays and Saturdays from 10am-10:59pm with a minimum of one thirty (30) minute intermission. (b) The starting hours listed above may be adjusted to begin earlier upon approval of the County. (c) The location and arrangement of the stages and sounds systems shall be in accordance with the Stage Configuration Map as detailed by Applicant and approved by the County. The preliminary Stage Configuration Map and a Site Plan shall be provided to the County thirty (30) days prior to the Event and a final Stage Configuration Map and Site Plan no less than fifteen (15) days prior to the Event. Fairgrounds License Agreement Page 4 of 12 Initials 819116 502 (d) Sound attenuation blankets or sound walls may be required to be erected at the rear of any temporary stages. Such temporary stage installations shall be installed in such a manner so as to minimize the noise impact on surrounding residential properties. (e) Applicant shall obtain stage inspection, documentation and certification in accordance with industry standard. Applicant shall provide copies of documentation reflecting certification within 24 hours of Event. Applicant shall also allow the County to inspect the stage construction. Such inspection shall occur no later than 24 hours prior to the Event. Any cost associated by the County's inspection shall be at the sole cost of the County. The County shall make inspector(s) available at a mutually agreeable time. Failure to timely inspect the Stage by the County shall not preclude Applicant from proceeding with the Event. 8. Undisclosed or unpermitted activities or hours shall be cause for this License Agreement to be voidable by the County at any time during the License Duration. Undisclosed and unpermitted activities shall be subject to cancellation of the Event, and Applicant shall be subject to damages, penalties and other legal and equitable remedies including, but not limited to full payment under this License Agreement. 9. Applicant shall not assign this License Agreement or any rights hereunder or sublet the Premises without the express prior written consent of the Assistant County Administrator or his/her designee. 10. In the event that the Premises or any other portion of the Fairgrounds are not vacated and cleaned by Applicant at the end of the License Duration, the County is hereby authorized to remove from the Premises or any other portion of the Fairgrounds, at the expense of Applicant, all goods, wares, merchandise and property of any and all kinds and descriptions placed or permitted therein by Applicant and which may be then occupying the same, and County shall not be liable for any damage or loss to such goods, wares, merchandise or other property which may be sustained either by reason of such removal or of the place to which it may be removed. Applicant hereby expressly releases County from any and all such claims for damages of whatsoever kind or nature and agrees to defend, indemnify and hold County harmless at Applicant's expense as to any claims for damages by third parties having interests in such goods, wares, merchandise and property, including costs and attorney's fees. 11. Applicant shall: (i) use and occupy the Premises in a safe and careful manner, including but not limited to properly covering any and all power cords; (ii) comply with all federal, state and local laws, statutes, rules, regulations and ordinances; (iii) use the Premises solely for the purposes provided above; (iv) not permit the Premises, or any part thereof, to be used for any unlawful purpose or in any manner that may result in or cause harm and/or damage to persons or property; (v) not post or exhibit or allow to be posted or exhibited signs, advertisements, show -bills, lithographs, posters or cards of any description inside or in front of, or on any part of the Premises, except with the prior written consent of County, which consent shall not be unreasonably withheld, conditioned, or delayed; and (vi) deliver to the County the Premises in as good a condition and repair, including all necessary trash or waste removal, as the same shall be found at the beginning of the License Duration. Additionally, Applicant: Fairgrounds License Agreement Page S of 12 Initials 819116 503 (a) assumes all costs arising from the use of patented, trademarked or copyrighted materials, equipment, devices, processes, or dramatic rights used on or incorporated in the conduct of the Event. Applicant shall defend, indemnify and hold County harmless at Applicant's expense from all suits, actions, proceedings, damages, costs and expenses in law or equity, including attorney's fees, for or on account of any patented, trademarked or copyrighted materials, equipment, devices, processes or dramatic rights furnished or used by Applicant or its employees, invitees, licensees, contractors, assignees, performers, contestants and exhibitors, in connection herewith. (b) shall not alter landscaping, fencing or any permanent structure nor shall there be any obstruction to ingress and egress to and from the Premises without the express written consent by the County. (c) acknowledges that the County shall have the sole right to collect and have the custody of articles left at the Premises by persons attending any Event given or held on the Premises, and Applicant or any person in Applicant's employ shall not collect or interfere with the collection or custody of such articles. (d) acknowledges that the County reserves the right to eject any persons reasonably deemed violent or otherwise dangerous to health, safety and welfare. (e) acknowledges that the County may immediately terminate the Event if the National Weather Service issues a severe weather warning, or imminent severe weather conditions develop in the area indicating a risk to public safety, or a state of emergency has been declared. Applicant hereby waives any rights and all claims for damages against the County that may result from the exercise of the rights reserved herein. (f) represents and warrants to the County that Applicant's employees, invitees, licensees, contractors, assignees, contestants, exhibitors and performers by their speech, song, music, conduct or manner will not violate or incite others to violate any statute, law, ordinance, rule, regulation or order of any federal, state, municipal or other governmental authority. 12. The County and its officers, agents and employees engaged in the operation and maintenance of the Premises reserve the right to enter upon and to have free access to the Premises at any and all times, which reservation is hereby acknowledged and agreed to by Applicant. 13. Applicant releases and forfeits any right of action against the County or its members, officials, employees and agents from any liabilities, claims for damages, losses, and costs which arise out of or in connection with the Event and to the fullest extent permitted by law, indemnifies, defends and saves the County and County's members, officials, officers, employees and agents harmless (1) against all liability, claims for damages, and suits for or by reason of any injury to any person, including death, and damage to any property for every cause in any way connected with the Event irrespective of negligence, actual or claimed, upon the part of the County, its agents and employees, except where caused by the willful and wanton acts of County officials, officers, employees and agents, and (2) from all expenses incurred by the County for police protection, fire protection and emergency medical services, restoration and clean up, sanitation Fairgrounds License Agreement Page 6 of 12 Initials 819116 504 and maintenance costs and expenses that are required to preserve public order and protect public health, welfare and safety on the Premises of the Event. 14. At least 30 days prior to the License Duration, the Applicant shall, without limiting Applicant's liability submit certificates of insurance naming "Indian River County, FL" as additional insured and shall: Procure and maintain at Applicant's sole expense, insurance of the types, coverages and amounts not less than stated below: Schedule Limits Commercial General Liability — No more restrictive than $2,000,000 General Aggregate/ ISO Form CG0001 (including property damage, personale $1,000,000 Each Occurrence injury, products / comp. ops. agg., premises, operations, and blanket contractual liability, and host liquor liability) (The County and County's members, officials, officers, employees and agents, shall be named as additional insureds under all of the above Commercial General Liability coverage). In the event the use of motor vehicles is an integral part of the Event (unless a separate ordinance is specifically applicable to the automobiles): Automobile Liabilityall automobiles -owned, hired or ( 1� $500,000 Combined Single Limit non -owned) In the event the Applicant hires employees for the Event or is otherwise required to carry workers' compensation insurance, the Applicant will provide evidence of workers' compensation insurance or exemption as required by Florida Workers Compensation Law as defined in Chapter 440, Florida Statutes. Applicant will assume responsibility for Applicant's discretion in confirming that all of the Applicant's contractors or subcontractors engaged in work for the Event have the appropriate workers' compensation coverage. Such evidence will include evidence of workers' compensation benefits and employer's liability insurance for the following minimum limits of coverage: Workers Compensation ; Florida Statutory Coverage Including coverage for any appropriate Federal Acts (e.g. Longshore and Harbor Workers Compensation Act, 33 USC §§ 901-952, and the Jones Act, 46 USC §§ 688 et seq.) where activities include liability exposures for events or occurrences covered by Federal statutes. Employer's Liability ± $100,000 Each Accident $500,000 Disease Policy Limit Fairgrounds License Agreement Initials Page 7 of 12 819116 505 $100,000 Each Employee/Disease In the event that any services or activities of a professional nature are provided, and Risk Management determines the coverage is necessary, pursuant to (k) below: Professional Liability (Errors and Omissions) $1,000,000 Each Occurrence/Claim In the event that children will be supervised in connection with the Event and Risk Management determines the coverage is necessary, pursuant to (k) below: Sexual Molestation Liability $1,000,000 Each Occurrence/Claim In the event alcoholic beverages, including beer and wine, will be served, sold, consumed or otherwise allowed at the Event, the entity serving or selling the alcoholic beverages must have the following coverage: Liquor Liability j $1,000,000 Combined Single Limit (b) Participants — Except as set forth below, the Applicant shall assume all responsibility for Applicant's discretion in obtaining, if any, insurance from the Event's contributing participants and subcontractors (such as caterers, vendors, production companies, entertainers, sponsors) in the types and amounts necessary to adequately protect the County and the County's members, officials, officers, employees and agents. (c) Primary and Non -Contributory — The Applicant's insurance will apply on a primary basis and will not require contribution from any insurance or self-insurance maintained by the County. (d) Deductibles — The deductibles of the insurance policies applicable to the Event shall be deemed customary and the responsibility of the Applicant and any named insureds. (e) Additional Insured — The Applicant's insurance, except workers' compensation and any additional coverages where it is unavailable, will name the Board of County Commissioners of Indian River County and County's members, officials, officers, employees and agents, as additional insureds under all insurance coverages required for the Event. (i) Reporting Provision — The Applicant's insurance shall be provided on an occurrence form. In the event that coverage is only available on a claims made form, the Applicant shall agree to maintain an extended reporting coverage for a minimum of two years past the expiration of the annual policy term. (g) Duration — Notwithstanding anything to the contrary, the Applicant's liabilities intended to be covered by the insurance coverage(s) required under this section shall survive and not be terminated, reduced or otherwise limited by any expiration or termination of particular policies for insurance coverages. Fairgrounds License Agreement Page 8 of 12 Initials 819116 506 (h) Sovereign Entities — State and federal agencies eligible for sovereign immunity may submit a statement of self-insurance for liability as allowed by the applicable state or federal statute. Such statement will be acceptable in place of insurance requirements defined herein. (i) Financial Responsibility — Applicant shall obtain insurance by an insurer holding a current certificate of authority pursuant to Chapter 624, Florida Statutes, or a company that is declared as an approved Surplus Lines carrier under Chapter 626, Florida Statutes. Such insurance shall be written by an insurer with an A.M. Best Rating of A -VII or better. Applicant must maintain continuation of the required insurance throughout the Event, which includes load -in, setup, tear down, and load -out. (j) Evidence of Financial Responsibility — Applicant must provide a certificate of insurance to the County's Risk Manager, demonstrating the maintenance of the required insurance including the additional insured endorsement 30 days prior to the Event Date. Upon written request, the Applicant shall make its insurance policies and endorsements available to the County's Risk Manager. The County's Risk Manager shall approve the Applicant's insurance if it complies with this License Agreement's requirements, including, if any, additional insurance coverages deemed necessary by the Risk Manager. No material alteration or cancellation, including expiration and non -renewal of Applicant's insurance, shall be effective until 30 days after receipt of written notice by the County from the Applicant or the Applicant's insurance company. (k) Discretionary Authority — Depending upon the nature of any aspect of any event and its accompanying exposures and liabilities, the County may, at its sole option, require additional insurance coverages not listed above, in amounts responsive to those liabilities, which may or may not require that the County also be named as an additional insured. (1) Applicant is required to immediately notify the County of any incident, accident, occurrences and/or claims made in connection with the Event. 15. Applicants seeking a permit for the sale and consumption of alcoholic beverages per section 205.09 of the Indian River County Code of Ordinances shall submit the purveyor's name no less than 45 days prior to the Event to the County. At least 30 days prior to the Event, the Applicant shall submit copies of the alcohol vendor's required state alcoholic beverage licenses and insurance certificate in accordance with Section B. 17 to the County. 16. If default occurs on the part of the Applicant in fulfillment of any of the terms, covenants or conditions, including the timely submittal of all documents set forth in Section B, of this License Agreement, the County may terminate this License Agreement and decline to issue any and all permits necessary for the Event. In such case, the rent, taxes, fees, deposits and any other charges hereunder, whether accruing before or after such termination, shall be considered part of and inclusive of the County's damages resulting from Applicant's default. Applicant's default hereunder shall be considered a default of any and all agreements by and between Applicant and the County, and any amounts due Applicant under its other agreements with the County may be used by the County to remedy Applicant's defaults hereunder. Any remedy granted in this License Agreement to County shall be in addition to all other remedies available to County in law or equity, and not exclusive of such remedies. Fairgrounds License Agreement Initials Page 9 of 12 819116 507 17. In the event that the Applicant cancels all or any time or portion of the Premises reserved for the Event, the County must receive written notice. Applicants may be entitled to a refund according to the following schedule: (a) Cancellation prior to 180 days from the first date of License Duration will receive a refund equal to 85% of the Event Deposit collected under Section B.4.(a). (b) Cancellation between 90-180 days of the first date of License Duration will receive a refund equal to 50% of the Event Deposit collected under Section B.4.(a). (c) Cancellation less than 90 days of the first date of License Duration will forfeit the Event Deposit collected under Section B.4.(a). 18. In addition to any other charges set forth in the Fee Schedule, the Applicant shall pay a $250 administrative fee for each modification or addendum to the License Agreement. 19. In the event that the Premises or any part thereof, or adjacent premises required for access thereto, should be so damaged or destroyed by fire or other cause, without the fault of Applicant, as to prevent the use of the Premises for the Event, then this License Agreement shall terminate. In such event, the County shall be paid for all items of expense incurred by it under this License Agreement and any rental accrued prior to such destruction or damages, but Applicant shall be relieved of paying rent accruing thereafter. For purposes of this paragraph, causes or events not within Applicant's control shall include, without limitation, acts of God, floods, earthquakes, hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage, strikes and restraints imposed by order of a governmental agency or court. Causes or events within Applicant's control, and thus not falling within this Section 12, shall include, without limitation, Applicant's financial inability to perform or comply with the terms and conditions hereof, economic hardship, a featured act's failure or refusal to perform or appear, and misfeasance, malfeasance or nonfeasance by any of Applicant's directors, officers, employees, contractors, or agents. 20. Applicant acknowledges receipt of and agrees to comply with the Fairground's Rules and Regulations which are attached hereto as Exhibit C and incorporated by reference. 21. Applicant assumes all risks of damages to and loss by theft or otherwise of the furniture, appliances or other property of Applicant or Applicant's employees, invitees, licensees, contractors, assignees, performers, exhibitors, contestants and those otherwise contracting with Applicant, and Applicant hereby expressly releases and discharges County from any and all liability for any such loss and agrees to defend, indemnify and hold County harmless from all claims and actions for damages as to such losses, including attorney's fees. 22. County and Applicant retain all television, film, recording and licensing rights as to any Event that takes place in or on the Premises, provided such is permitted within the Artist Contract. County will coordinate such recordings with Applicant's marketing representative. In the event of artist recording restrictions, Applicant shall request the right to allow the County to take generic production and still photographs of the Event. 23. Unless excused by impracticability or impossibility of performance or other lawful contractual defense, any attraction, act, or person contracted to appear during the Event as an entertainer Fairgrounds License Agreement Page 10 of 12 Initials 508 819116 shall appear at the published time or within one hour thereafter. Applicant shall not advertise or permit any advertising that a particular performer will appear for the Event until after a contract for the performer's appearance has been executed and a copy thereof has been provided to the County; otherwise, the County may terminate this License Agreement and cancel the Event. 24. No exception or waiver of any provision of this License Agreement shall be effective unless in writing signed by the Assistant County Administrator. No such waiver shall be held to waive the same provision on a subsequent occasion or be construed to constitute a waiver of any other provision of this License Agreement. This License Agreement contains the entire agreement between the parties, unless modified or amended by a subsequent written agreement executed by the parties. This License Agreement shall be governed by the laws of the State of Florida, and venue for the resolution of disputes hereunder shall be in a court of law in Indian River County, Florida. 25. At least 30 days prior to the Event Date, Applicant shall submit proof of application for a "Special Events & Tent Sales Inspection Permit" from the Indian River County Fire Prevention Bureau pursuant to Florida Fire Prevention Code: NFPA 1, Chapter 25, NFPA 101 & 102 and IRC Ordinance Section 208.11. 26. All of the Applicant's subcontractors shall have all of the necessary local, state and federal licenses for the services provided at the Event. 27. All deadlines falling on a weekend or holiday shall be accelerated to the prior business day. 28. Any notice, request, instruction, demand, consent or other communication required or permitted to be given under this License Agreement shall be in writing and shall be given in writing and delivered by email or US Mail, Certified — Return Receipt Requested, to the following: Indian River County Parks Division 5500 77`h Street Vero Beach, FL 32967 Email: mzitoAirc ov.com, IsmithAircizov.com Applicant: Circus Pages Attn: Yolanda Earhart PO Box 303 Myakka City, FL 34251 Email: jumpingiofaAaol.com cc: bpowell(a,irc ov.com, dfleetwood(i6rc ov.com, 29. Applicant acknowledges that the County makes no guarantees to Applicant, express or implied, as to any pecuniary gain that Applicant may have intended to result from the Event. Fairgrounds License Agreement Page 11 of 12 Initials 509 819116 30. The recitals and WHEREAS clauses are true, accurate and correct and are hereby incorporated herein by this reference. 31. Services Provided by the County: (a) County reserves the right to determine the adequacy of outside services procured by the Application under Section B as a condition of the Permit. IN WITNESS WHEREOF, the parties, by and through their authorized representatives' signatures below, do hereby execute this License Agreement on this _ day of CIRCUS PAGES INTERNATIONAL, INC.: Signature BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA IIn Yolanda Earhart, Manager Bob Solari, Chairman Approved by BCC Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk K1-11� �-,- br�� Jason E.County &@nistrator Approved as to Form and Legal Sufficiency D Reingold, County Attorney Fairgrounds License Agreement Initials Page 12 of 12 819116 510 EXHIBIT A - Fairgrounds License Agreement Fees - Standard CIRCUS PAGES INTERNATIONAL, INC. September 9, 2016 Acreage Hours Days Total 0-5 Acres $ 150.00 X 1 = $ 150.00 6-10 Acres $ 175.00 X = $ _ 11-40 Acres $ 525.00 X = $ _ 41 + Acres $ 775.00 X = $ _ Facility Hourly Rates Expo Center Facility Daily Rates Expo Open Air Pavilion Agricultural Pavilion Entertainment Bldg. Concession Bldg. Ammenities per Event Small Stage Tables Chairs Hoses/Sprinklers Light Carts Internet Access Tent 10x20 Picnic Tables Stage Risers Serving Carts Ammenities per day Small Bleachers (I st Day) Small Bleachers Addl. Days Large Bleachers (1 st Day) Large Bleachers Addl. Days Stage with Canopy (1 st Day) Stage with Canopy Addl. Days Stage without Canopy (1 st Day) Stage without Canopy Addl. Days Fire Extinguisher Golf Carts Golf Cart - 8 Passenger Ammenities per week Marquee (1 st Week) Marquee Addl. Weeks 511 Hours $125.00 x = $ _ Days $500.00 x I = $ 500.00 $400.00 x = $ _ $100.00 x = $ _ $100.00 x = $ _ QTY $50.00 x = $ _ $8.00 x = $ _ $0.50 x = $ _ $20.00 x = $ _ $90.00 x = $ _ $100.00 x = $ _ $200.00 x = $ _ $10.00 x = $ _ $20.00 x = $ _ $20.00 x = $ _ QTY Per Day $75.00 x x = $ $25.00 x x = $ $325.00 x x = $ $100.00 x x = $ $1,100.00 x x = $ $200.00 x x = $ $600.00 x x = $ $200.00 x x = $ $10.00 x x = $ $70.00 x x = $ $100.00 x x = $ $100.00 x x = $ $50.00 x x = $ 511 EXHIBIT A - Fairgrounds License Agreement Fees - Standard Marquee Per Day $20.00 x x = $ FACILITY EXCLUSION $250.00 x Days = $ Total_ ALCOHOL PERMIT FEE $400.00 x = $ _ SUBTOTAL:_ $ 650.00 7% TAX:_ $ 45.50 DAMAGE DEPOSIT:_ $ _ TOTAL:_ $ 695.50 25% DEPOSIT:_ $ 173.88 PAYMENTS Check No. Date Amount 5240 Circus Pages International 8/9/2016 $ 500.00 Balance Due: $ 195.50 POST EVENT RECONCILIATION CHARGES Staff # Hours Staff $25.00 x x = $ _ IRSO Deputy Coverage $35.00 x x = $ _ TAX: _ $ _ STAFF TOTAL: _ $ 512 Yage 1 oz z EXHIBIT' "B" Use of Dangerous Wild Animals The County of Indian River, Florida, has approved on , a schedule of requirements that apply to exhibition, acts, displays, or any other permit that involves elephants or any other potentially dangerous wild animal, as defined below. "Dangerous wild animal" means any :mammal, including but not limited to Elephantidae (elephant); Felidae (tiger, lion, cougar, leopard, cheetah, jaguar); Canidae (wolf, coyote); Uisidae (all bears); and all non -human primate species (such as chimpanzees, orangutans, gibbons, capuchins, macaques, and baboons) which the ovaner knows or reasonably should know has a propensity, tendency, or disposition to attack, cause injury, or otherwise endanger the safety of the public or other animals.. The required actions or document submittals described below must be satisfied by applicant(s) three weeks prior to issuance of a permit. In the event a permit is issued, failure to maintain these requirements during the permitted activity will be cause for revocation of the permit. Applicants must meet the following conditions: ' 1. Submit a liability insurance policy with an insurer authorized or approved to write such insurance in this :state in the amount of two million dollars that covers claims for injury or damage to persons or property in an amount of not less than one million dollars per occurrence. In the case of activity to be held on public property, the Risk Manager of the County will review the proposed activity and at his or her sole dseretion set additional requirements or increased limits. -2. Submit documented proof that within :the past twelve months all elephants tested free of tuberculosis (TB) in trunk wash cultures and a serological test that detects antibodies to TB, such as the ElephantTB-STAT-PAKO Assay. 3. Submit a written plass for the quick and safe recapture or destruction of a wild animal in the event an animal' escapes: The plan must include but not be limited to: a.. he applicant's written protocols for training their staff on methods of safe recapture of escaped wild animals, and b. A detailed description of containment methods for the animal(s); and c. Ac>cew to appropriate ehemipal immobilization drugs and equipment, and d, Identification of staff member(s) (and as appropriate, veterinarians) who possess firearm and chemical immobilization profic%nay to recapture an escaped wild animal. 4. Disclose previous incidents of specific dangerous, unpredictable, or aggressive behavior by any of the animals, that put any people or other animals at risk, including the animal hanciler(s). 5. Disclose ages and all current and most recent names of all animals. 6. Produce health histories and health certificates for all animals. 513 Page 2 of l 7. Applicant, applicant's principles, officers; and directors must have no felony convictions and must disclose the names of any employees with animal related felony or misdemeanor convictions. 8. Applicant must meet the following conditions: a. Applicant (including employees and subcontractors of applicant) has not been cited within 3 years by USDA under the Animal Welfare Act for 1) inappropriate provision of veterinary care Z) inappropriate handling of animals causing stress or trauma 3) inappropriate provision of food, water, shelter or space. b. Will comply with all applicable Federal law for the duration of the activity if permitted. 9. Must not have any official notices of alleged violations, or any stipulations, consent decrees, or settlements entered into with the USDA within the last .5 years. 10. The applicant must meet an informed consent provision by providing written information explaining that a wild animal(s) will be or is present and there is risk of injury or death to: a. The property owner or person responsible for the property where the animal will be displayed; b. The owners or persons responsible for any contiguous neighboring property; c. Any individuals entering the site of the permitted :animal display. Written information shall be either a handout or flyer handed to.persons listed above or a poster located at all entrances to the performance area, in and around the performance area, and where the wild animal(s) is located. 11. Produce a plan for providing emergency veterinary care in a timely fashion including .names and contact information of available on-call veterinarians, if none are present on-site. 514 Exhibit C Indian River County Parks Division Fairgrounds Rules & Regulations General Fairgrounds Rules 1. Scheduling is conducted on a first come, first serve basis for open dates. Reservation dates may only be secured and guaranteed with a minimum 25% Deposit Fee and fully executed Agreement. Staff reserves the option to issue a placeholder deposit Agreement ("Placeholder Agreement") in lieu of a fully executed Agreement which will secure the date pending a due diligence review. Placeholder Agreements shall automatically expire 6 months prior to the scheduled event date and the reservation forfeited unless the Applicant enters into an Agreement. 2. Permits for groups composed of minors will be issued only to adults who accept responsibility for supervising them throughout the period of the permit. 3. Security Plan: a. Festival events shall present a security plan to the Indian River County Sheriff's Office Division of Law Enforcement. Approval and sign off by the Division shall be a condition precedent of the issuance of the Permit/License Agreement. b. Assigned law enforcement officials must have arresting authority in Indian River County, i.e. IRCSO, FHP etc. c. The County will determine in its sole discretion the level of security of sworn law enforcement and emergency services personnel. 4. All indoor cooking is strictly prohibited. Outdoor cooking, grilling, etc. shall be approved in advance by the Fairgrounds Management Staff. 5. Deposits: a. All buildings and facilities shall be left in the same condition it was received in. A cleaning fee shall be deducted from the damage deposit to cover the cost of cleaning/restoring the facilities to their original condition. i. Any and all decorations must be approved prior to installation and removed completely at the conclusion of the event. ii. The Ag Expo Building should be left in a broom swept condition with any wet areas mopped and all garbage left in designated location. b. A damage deposit of no less than $500, refundable upon inspection of the property is required for every event. Deposit may be increased in the sole discretion of the County dependent upon number of attendees and events. i. Festivals require a damage deposit of no less than $2500. 6. Any signage visible from the road in any county right of way requires a permit from the Code Enforcement Division prior to placement. 7. No animals are allowed unless assisting the handicapped or the event is an animal related event. Animals are allowed in the RV area but must be on a leash (<6') or in a carrier at all times. Fairgrounds License Agreement Initials Page I of 3 rev. 3/11/16 ;Ui Exhibit C 8. Alcoholic is strictly prohibited except through the issuance of an Alcohol permit issued by the Parks Division. 9. Under no circumstances shall any person remove any equipment or other items from the premises. 10. Facilities shall be restored to their original condition and all activities ceased by at the time referenced in the Agreement. For each quarter hour after the applicant will be charged a fee of $50.00 per quarter hour. IL Control of all lights, thermostats and other equipment, and the locking and unlocking of doors is the responsibility of the Fairgrounds Management Staff. Staff should be notified of any special needs of the Applicant. 12. Applicant agrees to hold Indian River County, FL harmless from any and all claims for damages to persons or property resulting from their use of any facility. 13. Applicant agrees to accept facilities "as is." Applicant acknowledges responsibility for conduct of each member / guest attending event. Applicant conducts all events at their own risk. All attendees must abide by County policies. 14. All RV's are required to park in the designated RV area. There will be no parking of RV's in or around other facilities without prior approval of the Fairgrounds Management Staff. All RV's will be required to pay the daily fee for the campsite hook-up. 15. Insurance requirements shall be determined at the sole discretion of the County Risk Manager. Certificates of insurance designating "Indian River County, FL" as additional insured shall be presented to the County no less than 30 days prior to the event. 16. All activities shall be subject to inspection by Indian River County Offices of Fire Prevention, Health Department, Sheriff's Office, Risk Management, Traffic Control, Solid Waste Disposal District and Florida Department of Business and Professional Regulation. RV Campground Rules 1. RV sites are not open to the public. 2. RV sites are used only during scheduled events. Only participants of the events may use the RV sites. 3. Alcohol is strictly prohibited within the Campground. 4. Animals are not allowed in Campground unless permitted by Fairgrounds Management Staff. 5. Showers are to be used by registered guest only. 6. Only one (1) hook-up allowed per site. 7. Backflow preventers are required on all water connections at all times. 8. Proper sewer connections are required at all times. 9. Applicant is responsible to collect all fees from participants of their event. 10. Fairgrounds Management Staff will count each morning and will confirm count with the Applicant daily. 11. Fees are $20.00 per site plus 11 % tax for a total of $22.20 each for full hookup. 12. Fees are $15.00 plus 11 % tax for a total of $16.65 each for all dry camping. 13. Reconciliation for camping fees will be collected within 3 days of the conclusion of the event. 14. A separate check for camping fees is required. Fairgrounds License Agreement Initials Page 2 of 3 rev. 3/11/16 516 Exhibit C 15. Early arrival and late departure for events must be coordinate thru the Fairgrounds Management Staff @ 772-589-9223 and camping fees will be collected separately. 16. Reservations are not accepted for campsites. Fairgrounds License Agreement Initials Page 3 of 3 rev. 3/11/16 517 ;gyp::.' - 't ,p.• ��� 4 �- f b � s V7 C sQ Qate. n m ss0' u •s _ .560' :f "V lol— '47, to NOW" ¢ U i 600' 380'ro Y i tv G Lf) ` -w 830' 1 `r (0— spunoafiaie� AlNf10o 213ARI NVI4Nl CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: August 10, 2016 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County APTinistrator Mike Smykowski, Directv,, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Managed' SUBJECT: Approval of Auction Sale Prices for Surplus Properties Appropriate for Affordable Housing BACKGROUND: At its meeting of May 3, 2016, the Board declared several County -owned parcels surplus and directed their sale to support affordable housing, in accordance with the provisions of Florida Statute 125.379. The properties were auctioned on August 10, 2016 by Associate Auctions, LLC, through their contract awarded in response to RFP #2013025. The winning bidders are responsible for all closing costs and the auctioneer's fee in the amount of a 10% buyer's premium. The total proceeds are $13,200.00. RESULTS: Parcel ID Address Acreage Price 1 32391700002002000010.0 58th Ct. 0.087 $1'200 2 32392600005003000003.0 4246 24th Ct. 0.114 $1,100 3 32392600000300000022.1 4205 24th Ct. 0.048 No Bid 4 32392600005004000006.0 4225 24th Ave. 0.115 $800 5 32392600005005000002.0 4256 25th Ave. 0.114 $ 00 6 32392700005000000021.0 4255 32nd Ave. 0.121 $33 00 7 32392700005000000021.1 4245 32nd Ave. 0.118 $300 8 32392600000300000022.2 2432 42nd St. 0.080 $700 9 32392700001000000018.7 4330 31St. Ave. 0.157 $1,200 10 32392200007003000018.0 4845 33rd Ave. 0.142 No Bid 11 32392200007004000008.0 4846 33rd Ave. 0.148 $500 12 32392700006000000004.1 29th Ave. 0.150 $500 13 31392900000500000096.0 62nd Ct.0.190 $500 14 32392700003000000001.3 45th St. 0.041 $500 1532392700003000000001.1 45th St. 0.014 $200 liens/Credits* $6,287.46 Demo Lien ($7,560.00) IF Credit $1,700 CEB Lien $1,700 CEB Lien Expired Demo Lien ($7,560.00) IF Credit $270,500.00 CEB Lien $5,762.78 Demo Lien ($7,560.00) IF Credit 519 CONSENT AGENDA 16 ns Parcel ID 33392500006004000031.0 Address lith Ct. SW Acreage 0.310 Price County Liens/Credits* $500 17 33392500006004000033.0 11th Ct. SW 0.197 $500 18 33392500000300000007.0 9th St. SW 0.026 $200 19 31370000007008000011.0 12716 94th St. 0.189 $1,500 20 31370000007003000016.0 CEB *nhhreviati0 ' - 129th Ave. 0.199 $1,600 J . - Code Enforcement Board, IF = Impact Fee Proceeds of the sales will be deposited into the Affordable Housing (SHIP) Trust Fund. RECOMMENDATION: Staff recommends that the Board of County Commissioners ratify and accept the winning bids and authorize the Chairman to sign any necessary contracts for sale or title transfer documents. APPROVED AGEN ITEM BY: Jason E. Brawn, County Administrator FOR: August 16 2016 520 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: August 10, 2016 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Mike Smykowski, Vudget Director FROM: Jennifer Hyde, Purchasing ManagQ 1 SUBJECT: Award of Bid 2016049 —Security System Camera Upgrade CONSENT AGENDA BACKGROUND: The Department of Utilities Services requested the solicitation of sealed bids for a vendor to furnish and install upgrades to the existing security camera systems for surveillance at its three Wastewater Treatment Facilities (WWTFs) and the Utilities Operations Center. BID RESULTS: Bid Opening Date: August 4, 2016 Advertising Date: July 14, 2016 Demandstar Broadcast to: 178 Subscribers Specifications/Plans Downloaded by: 39 Vendors Attendance at non -mandatory pre-bid 4 Vendors Replies: 1 Vendor Bidder Location Total Bid Precision Contracting Services Jupiter $70,030.00 ANALYSIS: The budget for the project was $55,000.00; however, the bid was designed to enable the County to eliminate items as necessary to remain within budget and complete the most vital portions of the project. Staff has reviewed the project and has determined the bulk of the necessary work can be completed under the bid for the amount of $45,980.00. SOURCE OF FUNDS: Funding in the amount of $45,980.00 was allocated for the project and will be made available in the Wastewater Treatment Machinery and Equipment Account, 47121836-066400. RECOMMENDATION: Staff recommends the Board award Bid 2016049 to Precision Contracting Services, Inc. in the amount of $45,980.00. Staff further recommends the Board approve the attached agreement and 521 CONSENT AGENDA 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. ATTACHMENT: Agreement APPROVED AGENDA ITEM N 0 FOR: County Administrator Indian River Co App Date Admin Legal Budget — 6 f Utilities -Director Utilities -Finance LA". 522 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 Precision Contracting Services, Inc. (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: Furnish and install upgrades the existing security camera systems at its three Wastewater Treatment Facilities (WWTFs) and the Utilities Operations Center. 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: Bid Number: Project Addresses: Utilities Ops Center 4350 41' Street Vero Beach, FL Security System Camera Upgrade 2016049 Central Regional WWTF 3550 491h Street Vero Beach, FL ARTICLE 3 - CONTRACT TIMES 3.01 Time of the Essence West Regional WWTF 8405 8" Street Vero Beach, FL South Regional WWTF 25006 1h Avenue Vero Beach, FL 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 45th day after the date when the Contract Times commence to run. 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. Page 1 of 6 523 B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount: $ Written Amount: ARTICLE 5 - PAYMENT PROCEDURES 5.01 Method of Payment Owner shall make only one payment for the entire amount of the contract when the work has been completed. Upon a determination of satisfactory completion, the COUNTY Project Manager will authorize payment to be made. All payments for services shall be made to the CONTRACTOR by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 5.02 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 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. Page 2 of 6 524 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. 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 6, inclusive); 2. Notice to Proceed 3. Certificates of Liability Insurance 3. Invitation to Bid 2016029 4. Addenda (numbers 1 to 2, inclusive); 5. CONTRACTOR'S Bid Form (pages 10 to 13 of 28, inclusive); 6. Bid Bond (pages 1-2 inclusive); Page 3 of 6 6IR 7. Bidders Questionnaire (page 14 to 15 of 28, inclusive); 8. Affidavit of Compliance (page 16 of 28); 9. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 17 to 18 of 28, inclusive); 10. Warranty Information Form (page 19 of 28); 11. Drug Free Workplace Certification (page 20 of 28); 12. 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. Page 4 of 6 526 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. (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 Lu_blicrecords irceov Com Indian River County Office of the County Attorney 180127t' Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. 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. Page 5 of 6 527 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 Attest: Deputy Clerk (SEAL) Designated Representative: Name: Title: Address: Phone Email Page 6 of 6 License No. (Where applicable) Agent for service of process: _ Designated Representative: Name: Title: Address: Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 528 CONSENT INDIAN RIVER COUNTY MEMORANDUM 1'U: Jason Brown County Administrator FROM: Suzanne Boyll :)41(>- Human Resources Director DATE: August 8, 2016 MVV SUBJECT: Approval of Agreement with Florida Blue for the County's Excess Loss/Reinsurance Policv BACKGROUND: The County is self-insured in its Group Medical Insurance Program and we carry a policy that reimburses the County for claims that exceed a specific limit. This type of policy is called a stop loss policy, excess loss policy, or reinsurance policy. The County's current excess loss/reinsurance policy is with Florida Blue and has a specific deductible of $300,000 for individual claims and an aggregate stop loss deductible of $148,750. The current annual premium for this policy is $460,874. Below are the renewal options provided for the 2016/2017 plan year. Option Specific Aggregate Specific Annual Fixed Increase % Increase Deductible Deductible premium from Current Current $300,000 $148,750 $460,874 n/a n/a Renewal $300,000 $148,750 $501,487 $40,613 8.81% Option 1 $325,000 $148,750 $456,361 ($4,513) -0.98% Option 2 1 $350,000 1 $148,750 $424,381 ($36,493) -7.92% ANALYSIS: The Gehring Group obtained a renewal option to maintain the current specific/aggregate deductible amounts of $300,000/$148,750 which increases our fixed costs by $40,613 (8.81%). They also requested options to reduce fixed premium costs. Options 1 and 2 reduce annual fixed premium costs by .98% and 7.92% respectively. Option I is $45,126 less than the Renewal option and increases the specific deductible by $25,000 to $325,000. In the event the County only has one (1) claim over $325,000, this option would provide a savings of $20,126 over the Renewal option. Option 2 is $77,106 less than the Renewal option and increases the specific deductible by $50,000 to $350,000. This is the maximum deductible amount recommended by Gehring. In the event the County only has one (1) claim over $350,000, this option would provide a savings of $27,106 over the Renewal option. Gehring Group has advised that based on claims experience, we can expect to have at least one claim that exceeds $350,000 and reports historically the County typically has fewer than three (3) large claims in a year. Because it is expected that we will have at least one large claim over 529 $350,000, staff recommends approval of the Renewal option with an annual fixed premium of $501,487 at an increase of $40,613 rather than increasing the specific deductible amounts. RECOMMENDATION: Staff recommends that the Board approve the agreement for the Renewal option with Florida Blue for the County's excess loss/reinsurance policy for plan year 2016/2017 and authorize the Chair to execute the renewal agreement. ATTACHMENTS: Indian River County Self -Funded Reinsurance Renewal Evaluation 2016/17 Indian River County Reinsurance Proposal 2016/17 APPROVED AGENDA ITEM FOR: Approval NO �M 530 o� 0 n `_' ''' N °2i N N O V 01 O C F^ • O W Ln Q O E E \ h rp �D N N u'1 O \ .-i O 00 v1 O OM1 N M O� O C O o\° C o�Ln .-� V O p Ln 00 N t0 � cc r 4 in H C M N 7 M d/ N �"� O M '-I 4/1 'y V W M aNa M ppr,p m N n ~ M N O N n H n N O ~ '-I N rp+1 � ^ M l71 ri Y N .ti Ntn N H p W H N N � ry � vi Q• • Qp O a s n V z - O O a�0 N O "y N O N O h pppp .' l0 N u O �N.,� N 8 tOr1 c, �D N \ 00 V p I� 8 ems° LnrA ., ,n Y1 .� L C n ry C N V1 C C M H N O a a H O M ri Vf N "'� N iG O L1 V� tf to W M n 1� O "� N ~ 1� a �-1 N N O oo '-I 01 �-1 N M tD N Y1 h O P 4A Vf I� I 3 Q p Y p pS o: QO N N r O O m N` O Z • 8 W E c p� _� a` `-' N �Och �D ul \ V? O eM-1 ti Oo co^N' O `n-1 N p W K M M � n V/ In v '� M A^ N Go O � O 00 M ID~ 00 � N ri to ti W � [t „y oD N O ' m "� N M n •-� .� N � N N H 4A W �_ $o a Ln «t+ a of N N N 06 po S o � o`�o M to (n� o M o l0 C Q U N O a .-i g _ a0 coLm a 00 „ay n: Q Q \\ ` O �; oo LD IO Q Q V N V! N ~ N {/? pp IV Z Z � Z Z M Z Z ,�\\ .N-1 t LO N Z Z C .v1 �O AnOi O Q a! y N N H 41 O W f0 n d Vu 0 N g m (0 \ c O M O L \ d i4. CU O s, E a m E v a u NO v m ° O u u j y C GJ a' .E aox : 'G H o o a 'x 7 tg in u y (�� O 1W- '� ri p O g o� �n 'ea a 0 C 3 i+ LL v .� i$ °' v m m - m u a m a' eo m u o .2 a a s a x w v o P E Q fp =p v C tj Lu E w o_ cm E n '� m aai o a u ^ n _a '° �` = m i w t5 0/ ` 2 J ro � v a Sz _ u o � vrd � v C LnLu vaf pip Q�_i Q u U C Q C o _ Z c m o Q c 0 Q F - M c, X W m a c C ~ N W N � H _ = Vi � Q cC �� c' - X G u 0 53: G li U G t/i c Fl P4& Blue 09 An IndapwW*nt Licensee of the Blue Cross and Blue Shield Association Sales Representative: George Eppl Broker: Gehring Group Inc TPA: Florida Blue Provider Network(s): Florida Blue Utilization Review Vendor(s): Florida Blue STOP LOSS PROPOSAL. FOR Indian River County Board of County Comm Effective Date: 10/01/2016 Through Date: 09/30/2017 Specific Deductible (per Covered Individual) Policy $300,000 $300000 $325,000 $350,000 Year Maximum Specific Benefit Lifetime Maximum Specific Benefit Inforce Unlimited Unlimited Unlimited Covered Benefits Inforce Unlimited Unlimited Unlimited Specific Premium Med, Rx Card Med, Rx Card Med, Rx Card _ Med, Rx Card _. Composite Rate 0000_ Total Lives 1,635- --•-- $22.02 _ _ 0000 _.. $24.000000. $21.67 --- __ $2200 .02 _ _ _ _ 1,635 ----- Estimated Contract Spedfic Premium Contract Aggregating Specific Loss Fund -�-��—-- $432,032 $470,880 $425,165 $392,792 - Contract Basis _ $148,750 - $148,750 $148,750 $148,750 Commission 24/12 36/12 36/12 36/12 10.00% 10.00% 10.00% 10.00% Aggregate: (Include? 0 Yes 0 No) Covered Benefits Policy Year Maximum Med, Rx Card Med, Rx Card Med, Rx Card Med, Rx Card _.._..__. 0000._ 0000 . A9gre9ate_Factors _ ---0000 $1,000,000 000....0.__ _____1,0W,W $1,000,000 1,W0, 000 $1,000,000 Composite Med 8 Rx Card Factor . -_-- .._._.__.... 1635$1,082.25 $1,010.54 $1,082 25 $1,085.50 8.75 $1088.75 Estimated Contract Attachment Point Contract 1635 � ..............____._..—.. - $19,826 7 95 _ � _. - $21,233,745 _ $21,297,510 $21,361,275 .__.__ Minimum Attachment Pant 100% ) -"� $19,826,795 - $21,233,745 vi -1,2_97-,_510, --------- $21,297,510 $21,361,275 A99re9ate Corridor Contract Basis 125% 125% 125% 125% _ _ - -_-__ 00„00__ _ _.- _-Prem--f-u- ggregato- Premiu ._. ....... 24/12 36/12 36/12 36/12 _ .._ 0000.. Composite Rate 1,635 $1.47 $1.56 $1.59 $1.61 Estimated Contract Aggregate Premium 1,635 $28,841 $30,607 $31,196 $31,588 Commission Total Combined Estimated Contract Premium • 10.00% 10.00% 10.00% 10.00°� --_- _._ 0000 $460,874 $501487 $456,361 $424,380 Note: This proposal is not complete unless accompanied by the proposal notes and the basis of offer noted on the following pages Individual Special Requirements: Underwriter: REB (August 8, 2016) 10500541335-2016-503868-6-4 Page 1 of 4 532 F& P4& Btl (e An Indep"ent Licensee of the Blue Goss and Blue Shield Association PROPOSAL NOTES STOP LOSS PROPOSAL FOR Indian River County Board of County Comm The rates and factors in this proposal are firm. Please provide a signed proposal. Large claim data must be submitted for any claims that are at or have the likelihood to exceed 50% of the group specific deductible. Large claim data must include: age, sex, diagnosis, prognosis, treatment plan, case management notes (if applicable), Pre -Cert and paid/pended claims. The specific rates in this proposal are based on an aggregating specific arrangement. Total Specific Liability includes estimated contract specific premium and the aggregating specific fund. Human Organ Transplant benefits are payable in accordance with the underlying plan and are subject to the proposed Lifetime Maximum Specific Benefit offered within this proposal. PROPOSAL ACCEPTANCE Please acknowledge acceptance of the terms in this proposal by signing and returning by 08/29/2016 (no signed proposal will be accepted after the effective date). Please also indicate which option is chosen and whether Aggregate is to be included, by checking the appropriate boxes on the previous page. Failure to remit the signed agreement within the same period will result in updated large claim disclosure (and claims) being required for our review. All payments after the effective date of this policy, found on the previous page, must use the rates selected. Any deviation from the rates specified could result in an underpayment leading to a possible policy cancellation. Signature: Accepted on the day of , 20 Title: Underwriter. REB (August 8, 2016) 10500541335-2016-503868-6-4 Page 2 of 4 533 FlOPO4,P& B&e #9 An Independent Licensee of the Blue Goss and Blue Shield Association BASIS OF OFFER Assumptions Aggregate coverage is only available when purchased with Specific coverage. STOP LOSS PROPOSAL FOR Indian River County Board of County Comm initials: date: This proposal is subject to revision if there is a change in effective or renewal dates, or a change in the plan of benefits. This proposal is based on the utilization of the Provider Network(s) and the Utilization Review Vendor(s) listed on this proposal. This proposal assumes a minimum participation level of 75% applies for all eligible enrollees under a contributory plan, and 100% under a non- contributory plan. " This proposal assumes the plan of benefits includes a pre -certification, utilization review and large case management program. This proposal is based on a description of the employee benefit plan(s) provided and approved by HMIG, employee and dependent census data, submission of any requested claim information, plus any other information relevant to the underwriting risk. If any of the information was incorrect or changes the risk involved, the rates and factors will be modified, and the specific and aggregate claims will be adjusted accordingly. Surcharges (including the bad debt and charity surcharge portion of the New York Reform Act applicable to services are rendered in New York State), pool charges, and/or covered lives assessments may be covered under the stop loss policy if such charges are considered a claim cost. HM is not responsible for the filing, and/or payment of any assessment for which HM is not directly liable including but not limited to the New Hampshire Vaccine Assessment as modified by NH HB 664. All standard Policy provisions apply. The laws of the state where the policy is issued will apply. Certain exclusions and limitations may apply. Retirees are included in the stop loss coverage. This proposal will expire on the proposed effective date. Unless otherwise limited or excluded by the stop loss policy or under the Individual Special Requirements, eligible claim expenses under the stop loss policy will follow the covered underlying plan, up to the proposed Specific Benefit Maximum. The Agent is properly licensed and appointed by HMIG. The initial rates are guaranteed for the proposed policy period unless otherwise noted. There are not more than 15% COBRA participants. Qualifications Any stop loss insurance requested and requested effective date of that coverage must be approved by us under our current rules and practices • Both the premium rates and the aggregate factors are subject to change should the number of employees change by 10% or more, either in total and/or by single/family mix. • If the descriptions of the benefits or plan provisions differ from what was initially utilized to underwrite the risk, an updated Plan Document or other acceptable plan description is required within 30 days of the proposed effective date, and the premium rates and aggregate factors may be subject to re -rating, retro -active to the effective date. Quote assumes the Plan Document will include traditional industry provisions and definitions including, but not limited to the following: eligibility, HIPAA, termination provisions, extension for leave of absence or disability, FMLA, subrogation, transplants, COB, exclusions for job related injuries, experimental and cosmetic treatment, usual and customary charges, war, not medically necessary, traveling outside of the U.S. solely for the purpose of receiving medical care. In the event that a Plan Document is not available within 30 days from the proposed effective date, we reserve the right to issue the Policy assuming standard exclusions will apply. HIPAA Privacy rules permit the release of Protected Health Information (PHI) for the purpose of evaluating and accepting risk associated with the Plan Sponsor as part of "Health care operations". HMIG will use this information solely for the purpose of evaluating and accepting the risk and will not disclose any PHI collected except to perform this risk evaluation. Coverage is underwritten by Florida Blue. Jacksonville, FL and is administered by HM Life Insurance Company, Pittsburgh, PA HM Life Insurance Company is an independent company providing only administrative services. Underwriter. RE B (August 8. 2016) 10500541335-2016-503868-6-4 Page 3 of 4 534 Flrtid� B&W �1! An Independent Licensee of the Blue Goss and Blue Shield Association STOP LOSS PROPOSAL FOR Indian River County Board of County Comm The rates and factors in this proposal are based on the disclosure of all individuals considered a special enrollee due to having previously satisfied the plan's lifetime maximum. Written acceptance by HM must be acknowledged before terms of coverage for such individuals are included under HM's stop loss policy. Any stop loss policy issued by us may be rescinded or re -underwritten if any information requested in connection with this proposal was intentionally concealed or misrepresented by or on behalf of the Applicant and/or the Applicant's Agent, or if the Applicant and/or the Applicant's Agent commits fraud. As used above: An "Agent" is the Applicant's representative, including but not limited to, the agent, producer or broker of record, or Claims Administrator. The "Applicant" is the entity, or that entity's authorized representative, that has contracted with us to provide stop loss coverage. A "Claims Administrator" is a third party administrator (TPA) designated by the Applicant and approved by us. "Claim Information" consists of Complete Details of the data requested by us in connection with this proposal following a Diligent Review; such information includes but is not limited to Know or potential catastrophic claims, large claims and/or shock losses. "Complete Details" includes the name, social security number (or unique identifier), date of birth, diagnosis, prognosis (unless prognosis cannot be obtained due to reasons beyond your or your Claims Administrator's control) of the plan's participants and the name of the provider providing treatment to any such participant covered by or eligible for coverage. A "Diligent Review" consists of a complete review by you, and/or your Claims Administrator and/or your Agent prior to the date Known or potential catastrophic claims, large claims and/or shock losses are requested by us in connection with this proposal. "Disclosure" consists of Complete Details and any other documentation requested by us in connection with this proposal following a Diligent Review including but not limited to census information and Claim Information. We consider information in connection with this proposal "Known" if, prior to the date or dates we request such information (including but not limited to Disclosure and Claim Information) a reasonable person can assume that you, and/or your Claims Administrator and/or your Agent had knowledge of any information that affects or may affect the administration or underwriting of any coverage issued following acceptance of coverage by us. Coverage is underwritten by Florida Blue. Jacksonville. FL and is administered by HM Life Insurance Company, Pittsburgh. PA. HM Life Insurance Company is an independent company providing only administrative services. Underwriter REB (August 8. 2016) 10500541335-2016-503868-6-4 Page 4 of 4 535 INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: August 3, 2016 SUBJECT: Request for Ratification Florida Department of Law Enforcement FY 2016/2017 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Distribution of Grant FROM: Michael Smykowski M S Director, Management & Budget DESCRIPTIONS AND CONDITIONS On July 12, 2016 Board of County Commissioners ratified the Chairman's action in executing the Certificate of Participation for the 2016/2017 Edward Byrne Memorial Justice Assistance Grant (JAG) Program. For fiscal year 2016/2017, the County's local law enforcement agencies have decided to divide the grant dollars allocated by Florida's Department of Law Enforcement as follows: IRC Sheriff $12,228 City of Vero PD $12,227 Fellsmere PD $12,227 Sebastian PD $12,227 Indian River Shores Public Safety $12,227 Total $61,136. Because the next Board of County Commissioners meeting was not scheduled until August 16, 2016, the County Administrator approved the distribution of $61,136 (total allocation available) of Federal Fiscal Year 2016/2017 Edward Byrne Memorial Justice Assistance Grant (JAG) Program -JAG Countywide. The grant applications must be prepared by the respective agencies and submitted to the Florida Department of Law Enforcement, Office of Criminal Justice Grants, by August 31, 2016. ATTACHMENTS Letter from Florida Dept. of Law Enforcement dated July 21, 2016 notifying us of their receipt of our Certificate of Participation. IRC Sheriff's letter dated July 14, 2016 City of Sebastian's letter dated July 13, 2016 City of Fellsmere's letter undated City of Vero Beach's letter dated July 14, 2016 Town of Indian River Shores's letter dated July 14, 2016 IRC Board of County Commissioners letter dated August 1, 2016 536 Board of Commissioners August 3, 2016 Page 2 of 2 APPROVED AGEN EM: BY: JasoY!-Amimstrator ro7 Co ty FOR: Auszust 16, 2016 Indian River County Appawd Date Administrator Y-1)3)1(0 Legal .P'IL Budget I'l'l f Department I Risk Management 537 FDLE Florida Department of Law Enforcement Richard L. Swearingen Commissioner July 21, 2016 Business Support Office of Criminal Justice Grants Post Office Box 1489 Tallahassee, FL 32302-1489 (850) 617-1250 www.fdle.state.fl.us Mr. Michael Smykowski Director, Management and Budget Indian River County Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 Dear Mr. Smykowski: Rick Scott, Governor Pam Bondi, Attorney General Jeff Atwater, Chief Financial Officer Adam Putnam, Commissioner of Agriculture JUC 2 i 1016 The Florida Department of Law Enforcement (FDLE), Office of Criminal Justice Grants (OCJG) received a Certificate of Participation from Indian River County. The form confirms your selection as County Coordinator for the Edward Byrne Memorial Justice Assistance Grant (JAG) Program. The county must reach consensus for expenditure of state Byrne/JAG funds, which must be documented in writing and include the projects to be implemented, the amounts allocated to each project and the agency responsible. Letters from at least 51 percent of the local units of government representing at least 51 percent of the county population must be submitted to authorize the subaward applications. Applications for subawards and use of JAG funds must adhere to requirements and instructions in the solicitation. Subrecipients are strongly encouraged to support the Department of Justice (DOJ) Bureau of Justice Assistance's (BJA) JAG priority areas and choose to fund programs to reduce gun violence and recidivism, for pretrial reform and justice system realignment, indigent defense, and improving mental health. Subrecipients are also strongly encouraged to use grant funds for evidence based programs. Applications that do not comply with the instructions or do not include all required information will be returned for revision or have a special condition withholding funds placed on the subaward. Please distribute the Program Information and Application Instructions to all Byrne/JAG applicants in your county as soon as possible. As soon as the Board of County Commissioners determines the projects to be funded, please forward the list including agency, project title, and dollar amount to criminaliustice(ci;fdle.state. f 1. us. Applications must be submitted electronically using FDLE's grant management system, Subgrant Information Management ON -Line (SIMON). SIMON can be accessed at http://simon,fdle.state.fl.us. SIMON requires an announcement code, which is a security feature allowing access to the application and grant program. The announcement code for this solicitation is JAGC1617. Service • Integrity • Respect • Quality 538 Mr. Michael Smykowski July 21, 2016 Page Two The deadline for the electronic submission of all JAG subgrant applications is August 26, 2016 at 5:00 p.m. at which time the announcement code will be deactivated. In addition to the electronic submission, recipients must print the completed application with required certifications and submit two hard copies (with original signatures) by August 31, 2016 to.- Florida o: Florida Department of Law Enforcement Office of Criminal Justice Grants Attention: Petrina T. Herring 2331 Phillips Road Tallahassee, Florida 32308 Please contact me at (850) 617-1250 with any questions or for additional information regarding Byrne/JAG subawards. For issues relating to SIMON access or account management, please call this number and request the SIMON Help Desk. Sincerely, Petrina Herring Bureau Chief PH/rs 539 Sheri ffDer l hoar Indian River County Sheriff's Office July 14, 2016 Ms. Petrina T. Herring, Administrator Office of Criminal Justice Grants Florida Dept. of Law Enforcement 2331 Phillips Road Tallahassee, FL 32308 Dear Ms. Herring: In compliance with State of Florida Rule IID -9, F.A.C., the Indian River County (City or County) approves the distribution of $61,13 6 (total allocation available) of Federal Fiscal Year 2016/2017 Edward Byrne Memorial Justice Assistance Grant (JAG) Program- JAG Countywide- State Solicitation funds for the following projects within Indian River (County): Subgrantee (City or County) Fellsmere Police Department Indian River County Sheriff's Office Indian River Shores Public Safety Vero Beach Police Department Sebastian Police Department Sincerely, Deryl Loar, Sheriff Dollar Amount Title of Proiect (Federal Funds) Law Enforcement Programs $12,227.00 Law Enforcement Programs $12,228.00 Law Enforcement Programs $12,227.00 Law Enforcement Programs $12,227.00 Law Enforcement Programs $12,227.00 4055 41st Avenue • Vero Beach, FL 32960 • (772) 569-6700 • wvvw.iresheriff.org0� 540 City of Sebastian 1225 Main St. Sebastian, FL. 32958 (772) 589-5330 July 13, 2016 Ms. Petrina T. Herring Administrator Office of Criminal Justice Grants Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 Dear Ms. Herring: In compliance with the State of Florida Rule 11D-9, F.A.C., the City of Sebastian approves the distribution of $61.136.00 of Federal Fiscal Year 2016/2017 Edward Byrne Memorial Justice Assistance Grant (JAG) Countywide- State Solicitation funds for the following projects within Indian River (county): Subgrantee (City of County) Fellsmere Police Dept. Indian River Co. Sheriff's Ofc Title of Project Law Enforcement Programs Law Enforcement Programs Indian River Shores Public Safety Law Enforcement Programs Sebastian Police Dept Vero Beach Police Dept. Total Grant Amount Sincexply Bob McPartlan Mayor Law Enforcement Programs Law Enforcement Programs Dollar Amount (Federal Funds) 12,227.00 12,228.00 12,227.00 12,227.00 12,227.00 61,136.00 541 Wr r I` r F` r r {Vl4 r N` `# t 6 G G & fit 6 /° & Ms. Petrina T. Herring, Administrator Office of Criminal Justice Grants Florida Dept. of Law Enforcement 2331 Phillips Road Tallahassee, FL 32308 Dear Ms. Herring: In compliance with State of Florida Rule 11 D-9, F.A.C., the Indian River County (City or County) approves the distribution of $61,136 (total allocation available) of Federal Fiscal Year 2016/2017 Edward Byrne Memorial Justice Assistance Grant (JAG) Program- JAG Countywide - State Solicitation funds for the following projects with Indian River (County): Subgrantee (City of County Fellsmere Police Department Indian River County Sheriff's Office Indian River Shores Public Safety Vero Beach Police Department Sebastian Police Department Sincerely, d�--L ayor Jo yson City of Fellsmere Dollar Amount Title of Project (Federal Funds) Law Enforcement Programs $12,227.00 Law Enforcement Programs $12,228.00 Law Enforcement Programs. $12,227.00 Law Enforcement Programs $12,227.00 Law Enforcement Programs $12,227.00 22 South Orange Street Fellsmere, Florida 32948-6700 Phone: 772-571-1616 Fax: 772-571-8615 542 Office Of The CHIEF OF POLICE July 14, 2016 City of Vero Beach. 1055 -.20th STREET VERO BEACH, FLORIDA 32960-6441 Telephone (772) 978-4600 197 Fax (772) 978-4691 Ms. Petrina T. Herring, Administrator Office of Criminal Justice Grants Florida Dept. of Law Enforcement 2331 Phillips Road Tallahassee, FL 32308 Dear Ms. Herring: In compliance with State of Florida Rule 11 D-9, F.A.C., the City of Vero Beach approves the distribution of $61,136 of Federal Fiscal Year 2016/2017 Edward Byrne Memorial Justice Assistance Grant (JAG) Program- JAG Countywide- State Solicitation funds for the following projects with Indian River: Subgrantee (City or County) Fellsmere Police Department Indian River County Sheriffs Office Indian River Shores Public Safety Vero Beach Police Department Sebastian Police Department Sincerely ay Kramer Mayor City of Vero Beach Dollar Amount Title of Project (Federal Funds) Law Enforcement Programs $12,227.00 Law Enforcement Programs $12,228.00 Law Enforcement Programs $12,227.00 Law Enforcement Programs $12,227.00 Law Enforcement Programs $12,227.00 Dat'Currey Currey Chief of Police Vero Beach Police Department 543 MAYOR BRIAN M. BAREFOOT VICE MAYOR GERARD A. WEICK COUNCIL: MICHAEL B. OCHSNER RICHARD M. HAVERLAND THOMAS F. SLATER July 14, 2016 powA. ., $12,227.00 Law Enforcement Programs TOWN MANAGER ROBERT H. STABE, JR. Law Enforcement Programs TOWN CLERK Law Enforcement Programs LAURA ALDRICH Law Enforcement Programs TOWN ATTORNEY CHESTER CLEM INDIAN RIVER SHORES FLORIDA 6001 State Road A1A, Indian River Shores, FL 32963 (772) 231-1771 FAX (772) 231-4348 Ms. Petrina T. Herring, Administrator Office of Criminal Justice Grants Florida Dept. of Law Enforcement 2331 Phillips Road Tallahassee, FL 32308 Dear Ms. Herring: In compliance with State of Florida Rule 11 D-9, F.A.C., the Indian River County (City or County) approves the distribution of $61,136 (total allocation available) of Federal Fiscal Year 2016/2017 Edward Byrne Memorial Justice Assistance Grant (JAG) Program- JAG Countywide- State Solicitation funds for the following projects with Indian River (County): Subgrantee (City of County) Fellsmere Police Department Indian River County Sheriff's Office Indian River Shores Public Safety Vero Beach Police Department Sebastian Police Department Sincerely, Gerard A. Weick Vice Mayor Dollar Amount Title of Project (Federal Funds) Law Enforcement Programs $12,227.00 Law Enforcement Programs $12,228.00 Law Enforcement Programs $12,227.00 Law Enforcement Programs $12,227.00 Law Enforcement Programs $12,227.00 544 WEBSITE WWW.IRSPSD.ORG EMAIL ADMIN(4)IRSPSD.ORG July 14, 2016 TOWN OF INDIAN RIVER SHORES PUBLIC SAFETY DEPARTMENT 6001 NORTH Al A * INDIAN RIVER SHORES * FLORIDA * 32963 FIRE * POLICE * EMS "SERVICE EXCELLENCE" Ms. Petrina T. Herring, Administrator Office of Criminal Justice Grants Florida Dept. of Law Enforcement 2331 Phillips Road Tallahassee, FL 32308 Dear Ms. Herring: EMERGENCY POLICE, FIRE, AMBULANCE - 911 NON -EMERGENCY (772) 231-2451 FAX (772) 231-2444 In compliance with State of Florida Rule 11 D-9, F.A.C., the Indian River County (City or County) approves the distribution of $61,136 (total allocation available) of Federal Fiscal Year 2016/2017 Edward Byrne Memorial Justice Assistance Grant (JAG) Program- JAG Countywide- State Solicitation funds for the following projects with Indian River (County): Subgrantee Amount (City of County) Fellsmere Police Department Indian River County Sheriff's Office Indian River Shores Public Safety Vero Beach Police Department Sebastian Police Department Sincerely, Richard Rosell Chief of Police Title of Project Dollar (Federal Funds) Law Enforcement Programs $12,227.00 Law Enforcement Programs $12,228.00 Law Enforcement Programs $12,227.00 Law Enforcement Programs $12,227.00 Law Enforcement Programs $12,227.00 545 BOARD OF COUNTY COMMISSIONERS 1801 27"' Street, Vero Beach, Florida 32960-3388 Office of Management & Budget Telephone: (772) 226-1214 August 1, 2016 Ms. Petrina T. Herring, Administrator Office of Criminal Justice Grants Florida Dept. of Law Enforcement 2331 Phillips Road Tallahassee, FL 32308 Dear Ms. Herring: In compliance with State of Florida Rule 11 D-9, F.A.C., the Indian River County (City or County) approves the distribution of $61,136 (total allocation available) of Federal Fiscal Year 2016/2017 Edward Byrne Memorial Justice Assistance Grant (JAG) Program- JAG Countywide - State Solicitation funds for the following projects with Indian River (County): Subgrantee (City of County) Fellsmere Police Department Indian River County Sheriff's Office Indian River Shores Public Safety Vero Beach Police Department Sebastian Police Department Sincerely, Jason E. B own Indiaq Riv r County Administrator Dollar Amount Title of Proiect (Federal Funds) Law Enforcement Programs $12,227.00 Law Enforcement Programs $12,228.00 Law Enforcement Programs $12,227.00 Law Enforcement Programs $12,227.00 Law Enforcement Programs $12,227.00 546 INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: August 9, 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_ Gordon Sparks, P.E., Environmental Engineer ({'I'S Subject: Water, Sewer and Reclaim Water Line Replacement/Extension and Miscellaneous Labor Contract, Bid Number 2015001 BACKGROUND On September 9, 2014, the Indian River County Board of County Commissioners (BCC) approved retaining Blue Goose Growers, LLC d/b/a Blue Goose Construction (now Blue Goose Construction, LLC) and Melvin Bush Construction, Inc. as the labor contractors for the Utilities Department for a period of two years. The Terms of Agreement stated that the initial term could be extended by mutual consent of both parties to the Agreement for a maximum of two additional one-year terms. ANALYSIS The initial term will expire on September 30, 2016. The Utilities Department desires to utilize the renewal option for a one-year term. Staff contacted both Blue Goose Construction and Melvin Bush Construction, Inc. about renewing their Agreements for another year. Blue Goose Construction is desirous of extending their contract, Melvin Bush Construction is not. Mrs. Bush stated that they plan to be fully retired from the contracting business as of January 2017. FUNDING Funding will be from various accounts depending upon the individual project. Operating funds are generated from water and sewer sales. RECOMMENDATION The staff of the Utilities Department recommends that the BCC approve the extension of the Blue Goose Construction Agreement as the labor contractor for one year and authorize the Chairman to execute the extension agreement (See Attachment 1) after the County Attorney has approved it as to form and legal sufficiency and after the Risk Manager has received and approved the required insurance. Staff also recommends that the BCC authorize the Purchasing Managerto renew any subsequent extensions authorized under the contract if in the best interest of the County. F:\Utilities\UTILITY -Engineering\Projects -Utility Construction Permits\IRC -LABOR CONTRACT RENEWAL for 2016\Agenda for Labor Contract 547 Renewal with Blue Goose Construction.docx ATTACHMENTS I. Extension and Amendment of Continuing Contract Agreement for Construction of Water, Sewer and Reclaimed Water Line Replacements/Extensions and Miscellaneous Annual Requirements Labor Contract APPROVED FOR AGENDA: BY Jaso I E. Orown Coundministrator FOR: August 16, 2016 Date Indian River Co. Approved Date Administration Legal Budget Utilities Utilities- Finances Purchasing F /Q _;i, F:\Utilities\UTILITY - Engineering\Projects - Utility Construction Permits\IRC - LABOR CONTRACT RENEWAL for 2016\Agenda for Labor Contract 548 Renewal with Blue Goose Construction.docx Attachment 1 EXTENSION AND AMENDMENT OF CONTINUING CONTRACT AGREEMENT for CONSTRUCTION OF WATER, SEWER AND RECLAIMED WATER LINE REPLACEMENTS/EXTENSIONS AND MISCELLANEOUS ANNUAL REQUIREMENTS LABOR CONTRACT THIS EXTENSION AND AMENDMENT to CONTINUING CONTRACT AGREEMENT for CONSTRUCTION OF WATER, SEWER AND RECLAIMED WATER LINE REPLACEMENTS/EXTENSIONS AND MISCELLANEOUS ANNUAL REQUIREMENTS LABOR CONTRACT ("Amendment") is entered into as of this day of , 2016, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, ("COUNTY"), and BLUE GOOSE CONSTRUCTION, LLC ("Labor Contractor"). BACKGROUND RECITALS A. Through the competitive bid process, on September 9, 2014, the COUNTY and Labor Contractor entered into a Continuing Contract Agreement for CONSTRUCTION OF WATER, SEWER AND RECLAIMED WATER LINE REPLACEMENTS/EXTENSIONS AND MISCELLANEOUS ANNUAL REQUIREMENTS LABOR CONTRACT (the "Agreement"). B. Per section 4.1 of the Agreement, the initial term of the Agreement was two years. C. Per section 4.1 of the Agreement, COUNTY had the option to extend the Agreement by mutual consent for a maximum of two additional one-year terms. D. Both the COUNTY and Consultant wish to extend the Agreement. NOW THEREFORE, in accordance with the mutual covenants herein contained and other good valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. The above background recitals are true and correct and are incorporated herein. 2. EXTENSION TERM: The County hereby extends the Initial Term set forth in section 4.1 of the Agreement until September 30, 2017. 3. COMPENSATION: Add Section 5.2 Purchase Orders may be issued by the County and approved through the Munis system for proposed work for labor under $25,000. 4. All other provisions of the Agreement shall remain in full force and effect. 549 Attachment 1 IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. Blue Goose Construction, LLC INDIAN RIVER COUNTY By its Board of County Commissioners By Printed name: Title: Date By Bob Solari, Chairman Date Approved by BCC: Attest: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 20 Deputy Clerk Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: Dylan Reingold County Attorney 550 August 4, 2016 Sheriff De rul Loar Indian River County Sheriff's Office Mr. Bob Solari, Chairman Indian River Board of County Commissioners 1801270' Street Vero Beach, FL 32960 Re: P.G.I. Request 2015 -MACE Dear Chairman Solari: According to the Florida Contraband Forfeiture Act (FCFA) any local law enforcement agency that acquires at least $15,000 in forfeiture proceeds of real or personal property pursuant to the Act within a fiscal year shall expend or donate no less than 15 percent of such proceeds for the support or operation of any drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood or school resource officer program. (F.S. 932.7055) Please consider this letter as a request for transfer of $8,595.28 to the Indian River County Sheriff's Office which reflects at least 15 percent of the proceeds acquired pursuant to the FCFA in the last fiscal year. These funds will go to the Substance Awareness Center to satisfy the requirements under Florida State Statute 932.7055. Please place this item under Constitutional Officers for the August 16, 2016 board agenda. If you have any questions or require additional information, please contact me at 978-6404. Thank you for your consideration. c-�Sincerely, Deryl Loar, Sheriff DL:nmj cc: Jason E. Brown, County Administrator Mike Smykowski, OMB Director Kelly Goodwin, Comptroller 4055 41st Avenue • Vero Beach, FL 32960 • (772) 569-6700 • www.iresheriff.org 00 551 INDIAN RIVER COUNTY, FLORIDA /0 A �,, L MEMORANDUM TO: Jason E. Brown; County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AP- Community Development Director THROUGH: Sasan Rohani, AICP s� Chief, Long -Range Planning FROM: Bill Schutt, AICP lj ,�. Senior Economic Development Planner, Long Range Planning DATE: August 8, 2016 SUBJECT: County Initiated Request to Amend (Update) the Text of Several Elements of the County's Comprehensive Plan It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of August 16, 2016. DESCRIPTION AND CONDITIONS This is a county initiated request to amend the text of several elements and a sub -element of the county's comprehensive plan. The purpose of this amendment is to update policies and text to recognize changed conditions. While most of the updates were requested by various county departments/divisions, one update is proposed based on direction received from the Metropolitan Planning Organization (MPO). That update is for a new Transportation Policy 4.10 regarding implementation of complete streets principles (e.g. pedestrian, bike, multi -modal access improvements) with future roadway projects. The elements and sub -element proposed to be revised are: the Future Land Use Element, the Recreation and Open Space Element, the Transportation Element, the Economic Development Element, and the Solid Waste Sub -Element of the county's comprehensive plan. Comprehensive Plan Amendment Review Procedures Although the number of plan amendments that the county may consider is not limited, the County's 552 Comprehensive Plan regulates the frequency with which the county may amend its comprehensive plan. According to the county's Comprehensive Plan, plan amendments are limited to four times per calendar year. For that reason, the county accepts general plan amendment applications only during the ',window" months of January, April, July and October. In this case, the subject application was submitted during the January 2016 window, and was the only application submitted during that window. The procedures for reviewing a comprehensive plan amendment involve several steps. First, the Planning and Zoning Commission (PZC), as the Local Planning Agency, conducts a public hearing to review the request. At that public hearing, the Commission makes a recommendation to the Board of County Commissioners (Board) to approve, approve with modifications, or deny the requested amendment. Following PZC action, the Board conducts two public hearings. The first of those hearings is for a preliminary decision on the amendment request. At that hearing, the Board determines whether or not the amendment warrants transmittal to state and regional review agencies for their consideration. If the amendment is transmitted, state and regional review agencies review the amendment as it pertains to each agency's area of focus. Review agencies then send their comments directly to the county and the State Land Planning Agency. Subsequent to staff and/or the applicant addressing any issues raised in the review agency comments, a second and final Board public hearing is conducted. If the Board approves the request at the final hearing, then the approved amendment is submitted to the State Land Planning Agency and to the other review agencies. The amendment becomes effective 31 days after the State Land Planning Agency determines that the approved amendment submittal is complete, unless a challenge is filed by an affected party. PZC Action At its regular meeting of April 14, 2016, the Planning & Zoning Commission voted 5-0 to recommend that the Board of County Commissioners approve the proposed amendment (see attachment #2). BCC Action (transmittal public hearing) After the PZC hearing, the BCC held its transmittal hearing on May 24, 2016, and voted 5-0 to transmit the proposed comprehensive plan text amendment to state and regional review agencies (see attachment #3). Subsequently, staff transmitted the proposed amendment to state and regional review agencies. State Agency Review After transmittal and review of the proposed amendment, no state or regional reviewing agency had any objections to the comprehensive plan text amendment (see attachment #4). BCC Final Public Hearing The August 16, 2016 public hearing is the final step in the Comprehensive Plan amendment process. At that hearing, the BCC must decide whether or not to approve the proposed amendment. 2 553 Proposed Amendment The proposed amendment primarily consists of minor amendments to the Future Land Use Element, the Recreation and Open Space Element, the Transportation Element, the Economic Development Element, and the Solid Waste Sub -Element of the county's comprehensive plan. The amendments involve changing target dates for policy completion, deleting completed policies, removing/revising out-of-date references, and adding new policies and text based on recent actions by the State and local policy directing entities. For each proposed change, the following table identifies the policy #, objective #, whether the change is to the non -policy text portion of the plan, the associated page proposed for amendment, and a brief description of the proposed change. Proposed changes to referenced elements and sub -elements are shown with strike nu and underline format on Appendix A of the ordinance (attachment #5). Summary of the January 2016 Proposed Comprehensive Plan Changes (Actual changes are shown on attachment #5) Element Policy #, Summary Page What the change is Objective #, # Text FLUE Policy 1.34 Use of PRO district to address blighted or 143 Remove the word "blight" and declining residential areas replace with "areas needing redevelopment or revitalization" FLUE Policy 1.39 Limit use of +/-665 acre property north of SR 148 Decrease acreage to 301.95 acres 60 & West of 1-95 to research/tech/industrial (result of annexations) uses FLUE Policy 4.2 Identify and map target areas for 155 Change the due date from 2011 redevelopment and infill to 2018 FLUE Policy 4.3 Assess development potential of areas 155 Change the due date from 2012 identified in 4.2; develop special overlay if to 2019 necessary FLUE Policy 4.4 Coordinate with property owners to 155 Change the due date from 2013 implement plan from 4.2 to 2020 FLUE Policy 6.1 IRC will not provide water & sewer service 160- Refer to policies of the Potable outside of the Urban Service Area except in 161 Water and Sanitary Sewer limited circumstances Elements as amended FLUE Policy 9.1 Establish compatibility guidelines for new 165 Change the due date from 2012 county buildings and facilities to 2019 FLUE Objective 11 Identification of blighted areas for re- 168 Remove the word "Blighted" and development and actions to encourage add the words "Needing redevelopment Redevelopment or Revitalization". Add the words "or revitalization". FLUE Policy 11.1 Adopt guidelines and regulations to 168 Change the due date from 2012 designate areas in need of redevelopment to 2019. Add the identification words "or revitalization" 3 554 Element Policy #, Summary Page What the change is Objective #, # Text FLUE Policy 11.2 Identify needs and deficiencies of 168 Add the identification words "or redevelopment/revitalization areas within one revitalization" year of identification FLUE Policy 11.3 Use the PRO zoning district for 168 Add the identification words "or redevelopment/revitalization revitalization". Remove "blighted or declining" FLUE Policy 11.4 Encourage development/redevelopment of 168 Add the identification word underdeveloped subdivisions "revitalization" FLUE Policy 13.3 Coordinate with municipalities/develop 169 Change the due date from 2011 interlocal agreements re: annexations to 2018 FLUE Text Multiple references to "Vero Beach 37, Replace "Municipal' with Municipal Airport" 62, "Regional" to recognize recent 67 change FLUE Text Various references and use of the word 124- Change references from "blighted" 127 "blighted" to "areas needing redevelopment or revitalization" FLUE Text Subsection discussing the County/City of 126 Update discussion on Enterprise Vero Beach Enterprise Zone and economic Zone to acknowledge sunsetting incentives available in that zone by state (with removal of state economic incentives) and recent action of BCC to continue recognizing that area for local 'obs grant incentive bonus. Solid Waste Policy 4.1 Expand county recycling program to accept 29 Update to include food waste as more materials an option for recycling Solid Waste Policy 4.2 Study mandatory door-to-door collection 29 Study completed. Change to "Reconsider mandatory collection in Urban Service Area". Change the due date from 2012 to 2022. Solid Waste Policy 4.6 Feasibility study of converting solid waste 29 Change the due date from 2012 to other useful products to 2020. Policy currently implies that the County may need to hire a consultant for this. Rewrite policy to remove this implication. Solid Waste Policy 4.7 Feasibility study of transferring solid waste 29 Change the due date from 2012 to a regional facility to 2020. Policy currently implies that the County may need to hire a consultant for this. Rewrite policy to remove this implication. Transportation Policy 4.3 Evaluate thoroughfare plan roadways to 130 Change 2012 assessment due identify hazards to bicyclists date to "Periodically" assess Transportation Policy 4.5 Apply for federal ped/bike improvement 130 Change reference to be a general funds federal funding source (not specific) 555 Element Policy #, Summary Page What the change is Objective#, # Text ,s Transportation Policy 4.9 Establish a sidewalk matching funds 130 Remove 2015 due date and program for homeowner installed/funded change to consider annually sidewalks I funding Transportation Policy 4.10 County shall implement "complete streets" 130- NEW POLICY principles where feasible & meet standards 131 Economic Objective 2 Increase high wage jobs by 1,000 between 46 Change the measurement time Development 2010 and 2015 period to between 2010 and 2020 Economic Policy 1.4 Promote training programs 46 Replace old reference to Development "Workforce Development Board" with "CareerSource Research Coast' (new name of entity) Economic Policy 1.10 Promote services provided by area airports 46 Replace reference to "Vero Development Beach Municipal Airport" with "Vero Beach Regional Airport" Economic Policy 2.1 General targeted recruitment categories 46 Update to reflect updates to Development target industries Economic Policy 2.2 Provide incentives for target industries 46 Remove reference to Enterprise Development Zone tax refunds and credits. Update reference to CareerSource Research Coast Economic Policy 2.5 Establish list of target industries and 46— Change evaluation frequency to Development evaluate annually 47 periodically. Insert reference to limiting marketing activities to a smaller, focused list. Economic Policy 2.8 Marketing of airport properties 48 Change reference from "Vero Development Beach Municipal Airport" to "Vero Beach Regional Airport" Economic Policy 2.13 Annually re-evaluate economic incentives 49 Change evaluation frequency to Development periodically Economic Policy 2.14 Annually compare county impact fees to 49 Change evaluation frequency to Development other counties to assess competitiveness for periodically commercial/industrial development Economic Policy 2.17 County to initiate a voter referendum for a 49 Update to recognize that the Development tax abatement program program was approved, has a sunset date, and will need to be renewed before November 2, 2020 Economic Policy 3.1 Survey targeted industries to determine 49 Change reference to Workforce Development educational needs Development Board to CareerSource Research Coast Economic Objective 4 At least two additional 50 Change due date from 2015 to Development industrial/business/technology/research 2025 arks established within the county by 2015 556 Element Policy #, Summary Page What the change is Objective #, # Text Economic Policy 4.1 Establish IRC Consortium for Life Science 50 Policy Completed. Change to Development Research and Technology Advancement "Maintain" IRC Consortium of Life Science Economic Policy 4.2 Annual review of land development 50 DELETE and re -number Policies Development regulations by the Professional Services 4.3 through 4.9 Advisory Committee Economic Text Multiple references to "Vero Beach 2,9 Replace "Municipal" with Development Municipal Airport" "Regional" to recognize recent change Economic Text Multiple references to the County/City of 27— Update discussion on Enterprise Development Vero Beach Enterprise Zone and economic 29, Zone to acknowledge sunsetting incentives available in that zone 42, by state (with removal of state and economic incentives) and recent 56 action of BCC to continue recognizing that area for local jobs grant incentive bonus. Replace "Enterprise Zone" with "Enterprise Area". Economic Text Reference to former prorated SR 60 interest 26 Remove out of date reference to Development fee used to finance widening a portion of SR 60 prorated interest fee; fee SR 60 sunsetted Economic Text Reference to "residents of the County" 26 Change to "for county residents" Development Economic Text Reference to state Qualified Target Industry 27 Remove reference to Enterprise Development (QTI) program and the dollar amount of Zone and add additional detail incentive potentially available to industries for other bonuses available under in an Enterprise Zone. QTI program Economic Text Numerous References to "Workforce 7, 34, Replace old references with Development Solutions" and/or "Workforce 28, "CareerSource Research Coast" Development Board" 30, (new name of entity) 46, & 49 Economic Text Description of "Research Coast" and 30- Update to reflect more Development various references to "Research Coast" 31, descriptive name and recent 42- activities (Florida's Research 43 Coast Economic Development Coalition Economic Text Discussion of economic incentives offered 42 Update to discuss county's tax Development by the county abatement program Economic Text Discussion of "Research Coast" 43 Remove outdated text Development Recreation Policy 1.5 Complete a needs analysis of recreation 46 Change the due date from 2015 services to 2018 557 Element Policy #, Summary Page What the change is Objective #, # Text Recreation Policy 1.6 Evaluate user fees 46 Change the due date from 2015 to 2018 Recreation Policy 1.7 Revise fee structure for recreational 46 Change the due date from 2016 programs and park reservations to 2017 Recreation Policy 1.8 Detennine park need in north and south 47 Change the due date from 2012 area to 2018 Recreation Policy 1.9 Evaluate new funding options 47 Change the due date from 2015 to 2018 Recreation Policy 1.10 Evaluate new revenue opportunities 47 Change the due date from 2015 to 2017 Recreation Policy 1.11 Evaluate feasibility to receive donations for 47 Change the due date from 2015 arks capital and infrastructure to 2018 Recreation Policy 2.1 Complete remaining improvements in 47 Change the due date from 2015 South County Regional Park Master Plan to 2018 Recreation Policy 3.2 New fairground master plan 48 Change the due date from 2015 to 2018 Recreation Policy 3.4 Update north and south county master 48 Change the due date from 2015 tans to 2018 Recreation Policy 6.3 Survey to determine recreation demands 49 Change the due date from 2014 to 2018 Recreation Recreation Policy 6.5 Policy 6. 3-7 Automated reservation and sign up system 49 Change the due date from 2015 to 2018 ANALYSIS Pursuant to the MPO's direction and requests from county departments/divisions, forty-four (44) policies, 3 objectives, and various texts of non -policy sections in four elements and one sub -element of the county's comprehensive plan are proposed to be revised. The proposed changes are shown in str-ike- difa and underline format (attachment #5) and summarized below. • Future Land Use Element Policies 1.34, 1.39, 4.2, 4.3, 4.4, 6.1, 9.1, 11.1, 11.2, 11.3, 11.4, 13.3, Objective 11, and text related to the former Enterprise Zone Long Range Planning staff identified various policies to postpone completion dates for. Those polices are policies 4.2, 4.3, 4.4, 9. 1, 11. 1, and 13.3. Generally, those policies refer to identifying target areas for infill development, developing and implementing a plan for infill development, establishing architectural guidelines for county facilities, creating guidelines to identify areas in need of redevelopment, and coordination with municipalities to identify areas for potential annexation. As proposed, the new implementation dates reflect more reasonable timeframes to implement the referenced policies. Therefore, the proposed changes should be approved. Staff also identified additional policies and an objective that need updates to reflect changed conditions and to remove existing labels/descriptions that can be negatively perceived. Those are Policies 1.34, 1.39, 6.1, 11.1, 11.2, 11.3, 11.4, and Objective 11. As proposed, Policy 1.39 will adjust the acreage for a research/technology/industrial park located near State Road 60 and 98`h Avenue from 665 acres to 7 558 301.95 acres. This adjustment is necessary due to recent annexations by the City of Fellsmere. For Policy 6. 1, updates are needed to better reference existing utility service extension policies for sites located outside of the County's Urban Service Area. Objective 11 and Policies 1.34, 11.1, 11.2, 11.3, and 11.4 are proposed to be revised to re -characterize "blighted areas in need of redevelopment" as "areas in need of redevelopment or revitalization". These revisions will remove a perceived negative label for areas needing redevelopment and/or revitalization. With respect to general text edits (separate from changes to the wording of policies and objectives), revisions are proposed to recognize the state's recent action to discontinue (sunset) the Enterprise Zone program statewide and the Board of County Commissioner's recent action to continue to recognize the former Enterprise Zone as an area that target industries can continue to receive a 10% bonus through the County's local jobs grant program. Additional text edits are proposed to remove the use of the word "blight" and replace it with "areas in need of redevelopment or revitalization", consistent with the revisions proposed under Objective 11 and its associated policies. • Solid Waste Sub- Element Policies 4.1, 4.2, 4.6, and 4.7 The County's Solid Waste staff requested that Policy 4.2 of the Solid Waste Sub -Element be amended to recognize that a feasibility study to establish mandatory solid waste collection has already been completed and that the Solid Waste Disposal District should, by 2022, re-evaluate establishing mandatory collection within the Urban Service Area. In this case, re-evaluating may be necessary to recognize changed circumstances since the original study was completed. With respect to Policies 4.6 and 4.7, which deal with evaluating the expansion of recyclable activities and evaluating transferring solid waste to another regional facility, Solid Waste Disposal District staff proposes to postpone the evaluation until 2020. For policy 4. 1, in accordance with a recommendation from Utility Services, staff proposes to include food waste as one potential material to be considered for an expanded recycling program. As proposed, the implementation date revisions reflect more reasonable timeframes to implement the referenced policies and the inclusion of food waste as an example of a new recyclable material calls special attention to the possibility of its collection. Recreation and Open Space Element Policies 1.5, 1.6, 1.7, 1.8, 1.9, 1.10, 1.11, 2.1, 3.2, 3.4, 6.3 and 6.5 Recreation Department staff has requested that Policies 1.5, 1.6, 1.7, 1.8, 1.9, 1.10, 1.11, 2.1, 3.2, 3.4, 6.3 and 6.5 of the Recreation and Open Space Element be revised to postpone implementation dates for those policies. Generally, those policies refer to assessing parks and recreation needs, funding of park and recreation programs, completing identified improvements to the South County Regional Park, and completing/updating master plans for both the north county and the south county regional parks and the county fairgrounds. As proposed, the implementation date revisions reflect more reasonable timeframes to implement the referenced policies. Therefore, the proposed changes should be approved. • Transportation Element Policies 4.3, 4.5, 4.9, and 4.10 MPO staff, in conjunction with Public Works staff, have requested that Policies 4.3, 4.5, 4.9, and 4.10 of the Transportation Element be revised. For Policies 4.3 and 4.9, which refer to improvements for bicyclists along major roadways and sidewalk improvements in residential areas, it is proposed that the 559 due dates be removed and that the County periodically and annually re -assess bike improvements and special sidewalk funding. Doing so will allow the County to more frequently address the issues of identifying and addressing hazards to bicyclists and funding sidewalks. Revisions to Policy 4.5, which refers to the county applying for SAFETEA-LU enhancement funds, will remove an outdated reference to federal funds and insert a more generic reference to federal funds. This will allow the County to avoid having outdated references to a federal funding source as federal programs continue to change and evolve. Policy 4.10 is proposed as a completely new policy based on a recent action and recommendation from the MPO and its committees. As structured, the new policy commits the County to implement "complete streets" principles such as sidewalk, bike, and inter -modal access improvements as part of any roadway project where such improvements are practical and meet state and county design standards. As MPO members, the members of the BCC have supported this policy, which staff also supports. • Economic Development Element Policies 1.4, 1.10.2.1, 2.2, 2.5, 2.8, 2.13, 2.14, 2.17, 3.1, 4.1 and 4.2, and Objectives 2 and 4, and various text edits The Long Range Planning staff in coordination with Indian River County Chamber of Commerce staff have requested that Policies 1.4, 1.10, 2.1, 2.2, 2.5, 2.8, 2.13, 2.14, 2.17, 3.1, 4.1 and 4.2 and Objectives 2 and 4 of the Economic Development Element be revised. The revisions involve extending time frame completion dates or modifying the monitoring frequency of policies for substantially increasing the number of high wage target industry jobs, re-evaluating local economic incentives, re -assessing impact fees, and establishing research/technology parks. Additional revisions involve replacing outdated references with updated terms and descriptions, adding text to recognize a refocusing of marketing for targeted industries, and deleting policies that have been completed. Similarly, proposed general text edits remove outdated text and add new text to be current and descriptive. These general text revisions provide relevant information about the state's recent action to discontinue the Enterprise Zone program statewide and the Board of County Commissioner's recent action to continue recognizing the former Enterprise Zone as an area that target industries can continue to receive a 10% bonus through the County's local jobs grant program. Consistency with Comprehensive Plan Comprehensive Plan amendment requests are reviewed for consistency with all applicable policies of the comprehensive plan. As per section 800.07(1) of the county code, the "Comprehensive Plan may only be amended in such a way as to preserve the internal consistency of the plan. For a proposed amendment to be consistent with the plan, the amendment must be consistent with the goals, objectives and policies of the comprehensive plan. Policies are statements in the plan, which identify actions the county will take in order to direct the community's development. As courses of action committed to by the county, policies provide the basis for all county land development related decisions -including plan amendment decisions. While all comprehensive plan objectives and policies are important, some have more applicability than others in reviewing plan amendment requests. Of particular applicability for this request is Policy 14.3. 9 560 Future Land Use Element Policy 14.3 In evaluating a comprehensive plan amendment request, the most important consideration is Future Land Use Element Policy 14.3. This policy requires that one of four criteria be met in order to approve a comprehensive plan amendment request. These criteria are: • The proposed amendment will correct an oversight in the approved plan; • The proposed amendment will correct a mistake in the approved plan; • The proposed amendment is warranted based on a substantial change in circumstances ; or • The proposed amendment involves a swap or reconfiguration of land use designations at separate sites, and that swap or reconfiguration will not increase the overall land use density or intensity depicted on the Future Land Use Map. In this case, the proposed comprehensive plan amendment meets Policy 14.3's third criterion. The proposed changes were either directed by the Board, or requested by a local agency/organization or staff due to changes of circumstances. For the proposed amendment, changed circumstances include the need to update outdated information and references, the need to provide more feasible implementation dates, and the need to consider a new policy recommendation from the MPO. Summary of Consistency with the Comprehensive Plan While Policy 14.3 is particularly applicable to this request, other Comprehensive Plan policies and objectives also have relevance. For that reason, staff evaluated the subject request for consistency with all applicable plan policies and objectives. Based upon that analysis, staff determined that the request is consistent with the County's Comprehensive Plan. CONCLUSION Staff's position is that updating the county's comprehensive plan, as proposed, is warranted based on changes in circumstances and to ensure that the county's comprehensive plan remains current and accurate. RECOMMENDATION: Based on the analysis, staff and the Planning and Zoning Commission recommend that the Board of County Commissioners approve the proposed comprehensive plan text amendment by approving the attached ordinance. ATTACHMENTS: 1. Comprehensive Plan Text Amendment Application 2. Minutes from the April 14, 2016 PZC Meeting 3. Minutes from the May 24, 2016 BCC Meeting 4. Letter from Department of Economic Opportunity 5. Adoption Ordinance (includes Appendix A proposed Comprehensive Plan Text Amendment) 10 561 APPROVED AGENDA ITEM: FOR: BY: Indian River Co, Appr4qed Date Admin. Legal K Budget Dept. Risk Mgr. FXommuniry Development\Comprehensive Plan Text AmendmentsUanuary 2016 - Various Comp Plan Element Updates\StaffReports\BCC staff report for Comp plan Text amendment - August 16, 2016 meeting.rtf 11 562 APPLICATION FORM COMPREHENSIVE PLAN TEXT AMENDMENT (CPTH) INDIAN RIVER COUNTY Planning Division accepts Comprehensive Plan Text Amendment applications only during the months of January, April, July and October of each year (except that.,.Cpta'1'';� Improvements Element Amendments may be initiated by the County anytimc;,dueing the year in accordance with Florida Statutes, Section 163.3177(3)(b)). Each application must be complete when submitted and must include all required attachments. Aii' incomplete application will not be processed and will be returned to the applicant. f, r Assigned Project Number: CPTA -,ZQIh L)idD/ 7w/ 2- ___ Current Owner/Applicant Agent Name: Indian River County Board of County Commissioners Community Development Department Staff Complete Mailing Address: 1801 27th Street, Vero Beach, FL 32960-3365 Same Phone # (including area code (772) 226 — 1243 Same Fax # (including area code) 772 978 — 1806 Same E -Mail: Contact Person: Bill Schutt Signature of Owner or Agent: �i �� t Please attach the following items to this application. Do not ignore any of the following items. Indicate "N/A" if an item is not applicable. What is the proposed amendment's citation in the Comprehensive Plan? Include the element or sub -element, page number, and if applicable, the objective and policy number(s). Revise several elements of the County's Comprehensive Plan. 2. What is the exact language proposed to be added and/or deleted from the plan? Various changes. 3. What is the purpose of the request? Minor text updates. 4. What is the justification for the request? Change in conditions. Provide an analysis of the proposed amendment's consistency with all applicable goals, objectives, and policies of the comprehensive plan. NA 6. Provide an analysis of the proposed amendment's impact on public facilities and services. NA 7. Provide an analysis of the proposed amendment's environmental impacts. NA 8. Provide a check, money order or cash in the amount of NA , made payable to Indian River County. THE APPLICANT MUST ATTEND A PRE -APPLICATION CONFERENCE WITH LONG-RANGE PLANNING SECTION STAFF PRIOR TO APPLYING. FACommunity Development\Comprehensive Plan Text AmendmcntsVanuary 2016\CPTA FORM.doc Attachment 1 563 Mr. Arthur Eisdorfer, HOA President of the Isles at Waterway Village-, whl was the first phase of the proposed development, spoke regarding I ons learne Ince their community was constructed. He detailed issues sting to grading betW-pen homes, yard drains and landscaping species and cations . He stressed that there is opportunity to design better in the future. Mr. McCoy res"ed that he would provide pies of Mr. Eisdorfer's comments to the develope ' representative as we s the County's engineering department for use in evaluati future design nd practices, particularly where landscape material is involved. Stan Boling, Community Dev pmel�it Director, added that it usually takes a number of years before a de oper turns �aproperty over to a homeowner's association so landscapI -Issues tend to show p and get resolved in the interim. He assured Mr. Isdorfer that his comments uld be taken to heart by staff when making f re recommendations to the project adscape professional. 04 MOTION BY Mr. Stewart, SECONDED BY 'Dr, Day, the members voted unanimously (5-0) to approve staff recommendations on this Quasi - Judicial matter. Public Hearing William Schutt, Senior Economic Development Planner, discussed the County initiated request to amend the text of several elements of the County's Comprehensive Plan. He first educated the Commission as to the County's process and timeline for processing the proposed amendments and then detailed the actual proposed changes. The proposed amendments pertain to future land use, solid waste, transportation, economic development and recreation and open space elements and sub -elements. A discussion ensued concerning clarification of several of the proposed amendments. ON MOTION BY Dr. Day, SECONDED BY Mr. Rednour, the members voted unanimously (5-0) to approve staff recommendations on this Legislative matter. Commissioner's Matters There were none. PZC/Approved 3 April 14, 2016 F:\BCC\All Committees\P&Z\2016-AGENDAS & MINUTES\PZC 041416.doc Attachment 2 564 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10:37 1. County Initiated Request to Amend (Update) the Text of Several a.m. Elements of the County's Comprehensive Plan --(memorandum dated May -6,-2016) 125-183 --------------------------------------------------------- Legislative PROOF OF PUBLICATION OF ADVERTISEMENT FOR THE HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Community Development Director Stan Boling used a PowerPoint Presentation to explain the purpose and process of the proposed text amendment to several elements and a sub - element of the Comprehensive Plan (Plan). He also spoke about the consistency with the Plan and the changed circumstances to bring it up to date. He said that staff and the Planning and Zoning Commission recommend that the Board approve the proposed Comprehensive Plan Text Amendment for transmittal to the State and regional review agencies. Discussions ensued regarding the proposed amendments to the Solid Waste Sub -Element, and the Transportation Element. The Chairman opened the Public Hearing. There being no speakers, the Chairman closed the Public Hearing. ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner Zorc, the Board unanimously: (1) approved Resolution 2016-046, approving the transmittal of a proposed Indian River County Comprehensive Plan Text Amendment to State and Regional review Agencies; and (2) announced intent to hold and advertise a final public hearing at the adoption stage of the plan amendment process (tentatively planned for August 2016). PUBLIC DISCUSSION ITEMS (As a al rule, public discussion items should be limited t ma ers on which the commission a action.) 10:52 1. Request to Speak r DC Re ng Updating Gifford Community a.m. Activitiesl 84 ------------------------------------------------ --------------------------------------------------------- Wanda Scot presenting the Giffor comic Development Co ' , nc. (GEDC), showed a video and voice ernnss over public safety, the completion of pending projects, and areas in-�t�ee of revitalization. Board of County Commission Minutes Page 5 May 24, 2016 Attachment 3 _565 Rick Scott GOVERNOR RECEIVED JUL 0 5 2016 A)ARV') II:OGNTV C(s "%FISSION The Honorable Bob Solari DE FLORIDA DEPARTMENTd ECONOMIC OPPORTUNnY June 30, 2016 Chairman, Indian River County Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida 32960-3388 Dear Chairman Solari: Cissy Proctor EXECUTIVE DIRECTOR Q15TRI8UTIUN LIST i_atnmissioner, all.,__„ Administtatcr A_,_„--. COmniuniiy Dev.. "a, Services rs *eral Services _- 0,., pan Resources 4Mt3 ?ublit Works 1 Remotion —.., ;Iti;ities Cerv=ices The Department of Economic Opportunity has completed its review of the proposed comprehensive plan amendment for Indian River County, Amendment No. 16-2ESR (CP -2016- 046) which was received on May 31, 2016. We have reviewed the proposed amendment pursuant to Sections 163.3184(2) and (3), Florida Statutes (F.S.), and identified no comments related to important state resources and facilities within the Department's authorized scope of review that will be adversely impacted by the amendment if adopted. Pursuant to Section 163.3184(3)(b), F.S., other reviewing agencies have the authority to, provide comments directly to Indian River County. If other reviewing agencies provide comments, we recommend the Indian River County consider appropriate changes to the amendment based on those comments. If unresolved, such reviewing agency comments could form the basis for a challenge to the amendment after adoption. The County should act by choosing to adopt, adopt with changes, or not adopt the proposed amendment. Also, please note that Section 163.3184(3)(c)1, F.S., provides that if the second public hearing is not held within 180 days of your receipt of agency comments, the amendment shall be deemed withdrawn unless extended by agreement with notice to the Department and any affected party that provided comment on the amendment. For your assistance, we have enclosed the procedures for adoption and transmittal of the comprehensive plan amendment. Florida Department of Economic Opportunity I Caldwell Building 1 107 E. Madison Street I Tallahassee, FI 32399 850.245.7105 1 www.floridajobs.org /� www.twitter.com/FLDEO lwww.facebook.com/FLDEO Attachment 4 An equal opportunity employer/program. Auxiliary aids and service are available upon request to individuals_ with disabilities. All voice telephone numbers on this document may be reached by persons using TTY/TTD equipment via the Florida Relay Service at 711. 566 The Honorable Bob Solari June 30, 2016 Page 2 of 2 If you have any questions concerning this review, please contact Dan Pennington, at (850) 717-8524, or by email at dan.pennington@deo.mvflorida.com. Sincerely, Taylpf Teepell, Director Division of Community Development TT/dp Enclosure: Procedures for adoption of comprehensive plan amendments cc: Stan Boling, AICP, Community Development, Indian River County Michael J. Busha, Executive Director, Treasure Coast Regional Planning Council 567 ORDINANCE NO. 2016 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE TEXT OF THE FUTURE LAND USE, TRANSPORTATION, ECONOMIC DEVELOPMENT, AND RECREATION AND OPEN SPACE ELEMENTS, AND SOLID WASTE SUB -ELEMENT OF THE COUNTY'S COMPREHENSIVE PLAN; AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Indian River County Comprehensive Plan on February 13, 1990; and WHEREAS, the County received Comprehensive Plan amendment applications during its January 2016 amendment submittal window; and WHEREAS, the Local Planning Agency, after due public notice, held a public hearing on this comprehensive plan amendment request on April 14, 2016, and WHEREAS, the Local Planning Agency, after receiving public comments, recommended that the Board of County Commissioners transmit the comprehensive plan amendment listed below to State and Regional review agencies; and WHEREAS, the Board of County Commissioners of Indian River County held a Transmittal Public Hearing on May 24, 2016, after due public notice, and WHEREAS, the Board of County Commissioners approved the transmittal of this comprehensive plan amendment to State and Regional review agencies; and WHEREAS, the Board of County Commissioners announced at the transmittal public hearing its intention to hold an advertised final public hearing at the adoption stage of this plan amendment; and WHEREAS, the Comprehensive Plan Amendment was transmitted to State and Regional review agencies; and WHEREAS, State and Regional review agencies had no objections to this amendment; and WHEREAS, the Board of County Commissioners held a Comprehensive Plan Amendment Adoption Public Hearing on August 16, 2016, after due public notice. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that: SECTION 1. Comprehensive Plan Amendment Adoption and Transmittal The amendment to the Indian River County Comprehensive Plan identified in Section 2 is hereby adopted, and the Board of County Commissioners directs staff to transmit the amendment to the State and Regional review agencies. 1 Attachment 5 568 ORDINANCE NO. 2016 - SECTION 2. Amendment to the Comprehensive Plan AMENDMENT OF THE TEXT OF THE FUTURE LAND USE, TRANSPORTATION, ECONOMIC DEVELOPMENT, AND RECREATION AND OPEN SPACE ELEMENTS, AND SOLID WASTE SUB -ELEMENT OF THE COUNTY'S COMPREHENSIVE PLAN (APPENDIX A); AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. SECTION 3. Repeal of Conflictiniz Provisions All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida, which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. SECTION 4. Severabilitv It is declared to be the intent of the Board of County Commissioners that, if any provision of this ordinance and therefore the Indian River County Comprehensive Plan Amendment is for any reason finally held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining provisions. SECTION 5. Effective Date The effective date of this ordinance and, therefore, this plan amendment shall be 31 days after the State Land Planning Agency determines that the amendment package is complete, unless a petition is filed by an affected party. This ordinance was advertised in the Press -Journal on the 1" day of August, 2016, for a public hearing to be held on the 16" day of August 2016, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Bob Solari, Chairman Joseph E. Flescher, Vice Chairman Wesley S. Davis, Commissioner Peter D. O'Bryan, Commissioner Tim Zorc, Commissioner BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Bob Solari, Chairman 2 Z19J, ORDINANCE NO. 2016 - ATTEST BY: Jeffrey R. Smith, Clerk of Court and Comptroller This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM ANP4,EGAL SUFFICIENCY #1,4— - - Al- L", C ylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, C ;Community Development Director F:\Community Development\Comprehensive Plan Text AmendmentsUanuary 2016 - Various Comp Plan Element Updates\Staff Reports\Attachments\BCC - Final Public Hearing\Attachment 5 Ordinance - August 2016.docx 3 570 Appendix A Indian River County 2030 Comprehensive Plan eN 1 9 n Indian River County Community Development Department Adopted: October 12, 2010 Supplement # ; Adopted , 2016, Ordinance 2016- Appendix A 571 Municipalities Within Indian River County There are five municipal governments within Indian River County. As with the surrounding counties, land uses are generally similar and compatible on both sides of municipal/ unincorporated county borders. Often, the presence of a sign is the only indication of a municipal boundary. ➢ City of Vero Beach The mainland portion of Vero Beach shares its boundaries with the county on the north, west and south sides. The island portion has a common boundary with the county on its south side. At the northern limits of the city, east of US 1, low density residential development and a golf club constitute the primary city land uses; however, mangrove wetlands are found along the Indian River. West of US 1, the Vero Beach eipa1--Re Tonal Airport occupies the northern limit of the city, west to 43rd Avenue. A large portion of the airport perimeter land is undeveloped vegetated land which provides a buffer for the high density Gifford area of the county. Much of the area west of 43rd Avenue and north of 26th Street consists of undeveloped, vegetated land, and low density residential development. The western limit of the city is generally 43rd Avenue from 26th Street south to 14th Street. Dodgertown, the former spring training complex of the Los Angeles Dodgers, occupies land south to the main canal. From the canal south to 16th Street (including the SR 60 intersection), land in the city is predominately commercial. On the west side of 43rd Avenue, the county has a commercial node at the SR 60/43rd Avenue intersection. In the unincorporated county, medium density residential uses dominate 43rd Avenue from 16th Street to 14th Street. The southern limits of the city, along 14th Street, are characterized by single-family residential development east to Old Dixie Highway and the City Cemetery. From the cemetery north and east along the US 1 corridor to 6th Avenue, land uses in the city are dominated by commercial uses; however, several older residential areas are interspersed. While moderate density residential uses dominate in the area east of 6th Avenue to the Indian River, the City of Vero Beach power plant and wastewater treatment plant are located along the river at the 17th Street Bridge. On the barrier island at the city limits, land uses are restricted to single-family homes. Future Land Use Element 37 572 To add flexibility and increase local control, state law provides that, under certain conditions, local governments have the option of allowing the level of service on certain roads to fall below adopted standards for a limited time. According to state law, a local government may issue a development order for a project for which insufficient road capacity exists, provided construction of the additional capacity needed to serve the project commences within three years of the issuance of the project's first building permit. As reflected in its concurrency management system, Indian River County has chosen to incorporate that provision in its regulations. Within the county, some existing roads are deficient in right-of-way. Even those roadways that are not right-of-way deficient, however, seldom have adequate right-of-way to accommodate a widening or other improvement. Consequently, most roadway improvement projects require acquisition of right-of-way to accommodate the improvement. A detailed discussion of the county roadway network is contained in the Transportation Element. ➢ Mass Transit Established in 1994, the GoLine is the fixed route transit service in Indian River County. Although available to all ages, the GoLine is operated by the Indian River County Senior Resource Association. Funding for the GoLine is provided from several sources, including the federal government, the State of Florida, Indian River County, the cities of Fellsmere and Sebastian, other non-profit agencies, and advertising revenue. In November 2009, there were fourteen routes providing fixed -route service throughout the county, with some routes operating five days per week and providing hourly service. In 2008, the fixed route system provided one- way trips to 508,977 riders, an average of 1,631 riders per service day. Recently, the GoLine established a new north county hub near the CR 510/CR 512 intersection and relocated the Vero Beach hub to the former county administration building site. While four routes provide service to the north county hub, seven routes serve the Vero Beach hub. In addition, four routes provide service to the Indian River Mall, one of the GoLine's busiest destinations Although the low density residential character of the county works as a deterrent to mass transit, there are some major trip generators and attractors located within the county. Those developments include the Indian River Mall and other shopping centers along SR 60, the 37th Street medical node, the Wal-Mart Supercenter in Sebastian, and multi -family developments. ➢ Aviation, Ports, and Rail Indian River County has three public use airports. These are the New Hibiscus Airport, the Sebastian Municipal Airport, and the Vero Beach Munieipal-Re ional Airport. While the New Hibiscus Airport, just west of the 1-95/SR 60 interchange, is used primarily for agricultural spraying from its grass runway, the Sebastian Municipal Airport has the capacity for light private and corporate aircraft. As the largest airport in the county, the Vero Beach Munie4pe1Re ional Airport is capable of handling large commercial jet aircraft. Future Land Use Element 62 573 Since 1998, all new county park and recreation facilities have been constructed to be handicapped accessible and barrier free with no access constraints. Also since 1998, the county retrofitted all of its existing parks and recreational facilities to ensure that the facilities are handicapped accessible. Currently, the county's existing parkland is sufficient to serve the existing population of the county. As growth continues, however, deficiencies may occur. As detailed in the Recreation and Open Space Element, the county plans to conduct a needs assessment to determine recreation capital improvement priorities. Eventually, the county will need to increase parkland in the fast growing areas south and west of Vero Beach and west of Sebastian. In addition to parks, the county contains other open space areas. In 2007, there were approximately 100,000 acres of publicly owned open space in the county. The largest publicly owned open space areas in the county are the St. Sebastian River Preserve and the Blue Cypress and Fort Drum Marsh conservation areas. Approximately 136,896 acres of agricultural land also provide significant open space in the county. In addition to purchasing land, the county uses development exactions to preserve open space. Currently, County Land Development Regulations require that developers of land containing native upland plant habitat preserve 15% of that habitat. The preservation of that land is accomplished through conservation easements. Parks, Recreation, and Open Space are discussed in more detail in the Recreation and Open Space Element. Public Safety Public safety services, including law enforcement and fire/emergency medical services, are unlike most other public services in that these services are delivered as needed on demand. Within the county, Fire/Emergency Medical Service Station locations are shown in Figure 2.24. A majority of the county population resides within a three mile radius of one of these locations. ➢ Law Enforcement For the unincorporated sections of the county, law enforcement is provided by the Indian River County Sheriffs Department through routine patrol and emergency dispatch. Those services are headquartered in a Central Sheriffs Office/Jail facility located in Gifford, in the central mainland area of the county. The municipalities of Vero Beach, Sebastian, Indian River Shores and Fellsmere provide police protection within their own corporate boundaries. The Florida State Police also provide routine traffic patrol on State and Federal Highways within the county. Correction facilities in the county are operated by the Sheriffs Department and the Florida Department of Corrections. Located on a 40 acre site in Gifford, just north of the Vero Beach Munieipa1-Re ional Airport, the county jail facility is part of a complex occupied by the sheriff s administration, law enforcement and corrections divisions. Existing facilities include a 166,000 Future Land Use Element 67 574 eliminate ranchette type of development in agricultural areas and will provide working open space which could be used for agricultural and recreational uses while providing for residential and other non-agricultural development. Finally, this type of designation will reduce the threat of urban sprawl. Together, those tools will promote a compact, low-density land use pattern in Indian River County. According to the Urban Land Institute, "compact development does not imply ... high density, but rather higher average `blended' densities. Compact development also features a mix of land uses, development of strong population and employment centers, interconnection of streets, and the design of spaces at a human scale." [(Growing Cooler: The Evidence of Urban Development and Climate Change (2007)]. NEED FOR REDEVELOPMENT Defined as areas that contain neglected and abandoned structures that are in need of repair or demolition, ureas needing redevelopment or revitalization sre usually occur in older and poorer areas of a community. In the unincorporated county, there are three areas that currently contain incompatible uses and experience varying degrees of bligh deterioration. Those three areas are the Wabasso community in the north county, the Gifford community in the central county, and the Oslo Road area in the south county. Those blighted -areas needing redevelopment or revitalization have some of the same negative impacts that are often found in association with incompatible uses. In recent years, the county has used Community Development Block Grants (CDBG), State Housing Initiative Partnership (SHIP) funds, and local funds to make improvements within the identified blighted -areas needing redevelopment or revitalization. In 2002, for example, Indian River County was awarded a $750,000 Housing Community Development Block Grant. Those funds were used to rehabilitate approximately 24 homes within the Gifford community. Between 2005 and 2008, the county used approximately $727,228 in CDBG funds to install new water lines within the Wabasso community. Using CDBG funds, the county constructed a new fire station in the Gifford community during 2009. Various other public improvements, including road and drainage improvement projects, have also been made in those blighted --areas needing redevelopment or revitalization. Complementing those improvements has been an increase in code enforcement activities in those areas. Overall, the code enforcement initiatives have been successful in getting property owners to clean up their properties through removal of old cars, demolition of unsafe structures, and general property maintenance. A review of the Wabasso, Gifford, and Oslo Road areas reveals several similarities commonly associated with blighted plaees_areas needing redevelopment or revitalization. Those include a higher than average proportion of low income residents with lower educational achievement, a larger proportion of children, and a high proportion of minorities. The similarities of those areas cease at that point. As discussed below, each area has unique constraints and opportunities for renewal and development. Future Land Use Element 124 575 Wabasso Wabasso is an old unincorporated community at the intersection of US 1 and CR 510. Extending north and south along US 1 and west on CR 510, the community is primarily rural in character and has only recently received public water and sewer services. Along US 1, commercial uses predominate. Those uses range from those which serve the immediate community to those which take advantage of the relatively high traffic volume to serve a larger area. While citrus packing and processing is the largest commercial/industrial use, residential uses including single family homes and mobile homes extend along US I and CR 510. Within Wabasso, the lligl w -&areas needing redevelopment or revitalization portion of�—is concentrated west of the FEC Railroad along CR 510 and consists primarily of residential uses. That area has been targeted in the past for assistance by the county. As a result of its strategic location at the entrance to the north bridge and the barrier island, the Wabasso area is likely to undergo changes in the future. In fact, recent and future growth on the barrier island and in the Sebastian area to the north will most likely act as a catalyst for land use changes in this area. The likely result will be the elimination of some older and smaller commercial uses and residential uses in favor of larger commercial uses dependent on the high traffic volumes. Recognizing the potential for change, the Wabasso community has worked with the county to initiate and develop a Wabasso Corridor Plan. That plan contains special standards to ensure well managed growth along US 1 and CR 510 in Wabasso. In Wabasso, one obstacle to major development is the difficulty in assembling enough parcels to create a site large enough for commercial development. Because redevelopment happens slowly if at all, it is important that the county continue to eliminate substandard housing and maintain code enforcement activity in West Wabasso. Gifford The Gifford area in the central portion of the county is the largest of the three blighted areas needing redevelopment or revitalization, as well as the area with the most public investment. Currently, Gifford contains a variety of uses, ranging from heavy industrial uses including junk and salvage yards to single family subdivisions. Unlike many b ighted--areas needing redevelopment or revitalization, Gifford is served by public water and wastewater. The area also contains three public schools, a community center and a recreation facility and is the location of the county sheriffs administration offices and the county jail. Several low income subsidized residential developments also are located in Gifford. On the east side of US 1 near Gifford, major developments include the Indian River Medical Center and Grand Harbor, a 2,000 unit residential, recreation and commercial development. Both Future Land Use Element 125 576 of those developments have and will continue to attract related commercial and business support services in the vicinity, most likely along US 1. While the increase in business activity and construction has added jobs to this area, it is not evident whether the impact has benefitted the depressed area of the community. Like many depressed areas, Gifford contains a mix of land uses and a supply of vacant industrial and commercially designated land. Going forward, the county should continue to eliminate substandard housing and maintain code enforcement activity in Gifford. ➢ Gifford: Indian River County/City of Vero Beach Enterprise Z-&HeArea {From 2005 until the sun -setting of the state's Enterprise Zone enabling legislation on December 31, 2015, Indian River County and the City of Vero Beach jointly esteblishedo grated an Enterprise Zone encompassing properties in and around the City of Vero Beach Munieipal Regional Airport and properties within the Gifford Community. An Enterprise Zone +was an area designation approved by the state to encourage new economic growth and investment in distressed areas. The state accomplishesd this in part by providing tax incentives to residents and businesses within Enterprise Zones. r Y r�,.7' +c^ dit otherAlthough the state sunsetted the enabling legislation at the end of 2015 the Indian River County Board of County Commissioners (BCCA determined that it is important for the County to continue to provide a special economic development incentive in the former Enterprise Zone area consistent with the Gifford Neighborhood Plan Policy that supports such an incentive in the Gifford area On January 12 2016, the BCC approved a resolution to continue to offer a 10% local jobs grant bonus to tares industries locating within the newly re -labeled "Enterprise Area" The "Enterprise Area" encompasses the same geographic area of the former Enterprise Zone With the Enterprise Zone, indian River Count), and the City of Vero Beaeh have the ability to offer- state spensered ineentiYes to leea! eempanies. Those additional ineentives are another- tee! that the County and the City of Vero Reaeh have at theif disposal to help fetain and-e*paffd &dsting businesses and help to a4r-aet new businesses. With a possible e*Pansion of the Piper- AiFeiaft faeifity and the iner-easingly available industrial land within4he Enter -prise Zone, additi nai development ean be expeete A the futur-e ' Street, west the planning stages along 4 E)mniunity, between 1h n. -n Ko .- A 2 Avenue (Vefe i3eaeh Business Par -k). That business paFk is proposed to have a total of i 5 lots-. OSLO The third blighted -area needing redevelopment or revitalization is located west of US 1 along Oslo Road in the southern portion of the county. Oslo Road (9th Street, S.W.) is a principal Future Land Use Element 126 577 east/west arterial road in the south county from US 1 to I-95. It is expected that the county's third interchange to I-95 will be located at Oslo Road. In Oslo, the bhghted-area_needing redevelopment or revitalization consists chiefly of old platted and unplatted residential areas. Because that area was developed before infrastructure improvements were constructed, many of the roads and lots in the area do not meet county development standards. While increased and continued code enforcement activity is necessary to identify specific structures for repair or removal, a more concerted effort involving individual property owners, the county, and third party developer -financiers will be needed to resolve many of the roadway and infrastructure deficiencies caused by development during the first half of the 20th century. DEVELOPMENT AND REDEVELOPMENT IN FLOOD PRONE AREAS Generally, development in flood prone areas presents various problems, the most serious of which is the potential for loss of life from flood waters and storm surges. Flooding can also cause loss or damage to property and degradation to the environment. Besides the hazards, development costs may also be higher in those areas due to the extensive site modifications or enhanced building techniques required. Because of high costs and/or environmental limitations, public facilities and services are often not extended to those areas. In 1988, the US Federal Emergency Management Agency (FEMA) completed a Flood Insurance Rate Study for Indian River County. That study identified the limits of Coastal Flood Zones, the 100 -Year Flood Plain and the 500 -Year Flood Plain. As shown on Figure 2.23, the county has a significant amount of flood prone land. At this time, FEMA is updating its flood study of the county and will be issuing new flood maps in 2010-2011. Within the county, the largest flood prone area is west of 1-95 and includes the St. Johns Marsh area. Land uses in that area include the marsh, citrus groves, row crops and cattle grazing. The area surrounding the City of Fellsmere also contains flood prone areas which follow the pattern of drainage canals and ditches. That area contains a mixture of agricultural uses and rural residential development on large (5 acre+) lots. East of I-95, flood prone areas are confined to 4 general areas. The first area extends along the east side of I-95 from the Brevard County line to approximately 2 miles north of SR 60 and east to 90th Avenue and the St. Sebastian River. With the exception of the area along CR 512, land uses are limited to cattle grazing and vacant land. A commercial/industrial node is located at the CR 512/1-95 interchange, although much of that node was recently annexed by the City of Fellsmere. Largely undeveloped, the northeast quadrant of that node contains several high-tech industrial manufacturing plants and highway commercial establishments. Immediately south of CR 512 is the Vero Lake Estates Subdivision (see residential land use, vacant land use). A Municipal Service Taxing Unit (MSTU) has been created for that 5,000 lot subdivision to provide for roadway and drainage improvements. Future Land Use Element 127 578 Policy .32: The Recreation land use designation shall be applied to land used for active and passive public parks and recreation facilities, including but not limited to ball fields, swimming pools, tennis courts, racquetball courts, handball courts, shuffleboard courts, basketball courts, volleyball courts, children's playgrounds, golf courses, fairgrounds, community/activity centers, walking/jogging/fitness trails, canoe launches, picnic areas, scenic areas, nature centers, bathrooms, and parking areas. Not all recreation sites are shown on the Future Land Use Map. Public parks and recreation facilities are not limited to this land use designation. The maximum Floor Area Ratio (FAR) for development within the Recreation land use designation shall not exceed 0.25. Policy 1.33: The Blue Cypress Improvement District (BCID) is a special land use designation that shall be applied to the existing Blue Cypress Fish Camp on the western shore of Blue Cypress Lake. Development within this district shall be limited to single-family and mobile home residential uses and conditioned on the provisions outlined in Ordinance 85-55. The BCID is not intended for expansion to adjacent or otherwise undeveloped property. Densities in the BCID shall not exceed 10 units/acre. Policy 1.34: The county zoning code shall contain provisions for a Professional Office District. That district shall be limited to land that is within the medium and low-density residential land use designations and is located along arterial roadways. The purpose of this zoning district shall be to encourage infill development and the redevelopment of blighted --areas needing redevelopment or revitalization or declining residential areas which are no longer appropriate for strictly single-family use but are not considered appropriate for a broad range of commercial uses, as permitted in other commercial zoning districts. Policy 1.35: Indian River County shall regulate the use of land in proximity to large scale public facilities such as airports and landfills in order to protect the facilities from encroachment by non -compatible uses and protect the public from any potentially hazardous impacts. Policy 1.36: The county shall maintain a concurrency database which identifies areas with facility surpluses and deficiencies. Development shall be directed to areas with adequate facility capacity through publication of this information and through implementation of the county's concurrency management system. Policy 1.37: The new town land use designation shall be a floating zone which may be overlaid on any property with an agricultural land use designation (AG -1, AG -2, and AG -3). Each new town designation shall be approved as a Planned Development (PD) and shall meet the requirements of Policy 1.38. The size, density, and design of a new town shall allow for a sustainable new town population with an adequate level of commercial activity, as well as a sufficient greenbelt area. The new town shall be designed to accommodate a build -out population of at least 5,000 persons Future Land Use Element 143 579 N An interconnected pedestrian sidewalk/path system that serves and integrates residential and non-residential uses. (c) Appropriately sized blocks and pedestrian improvements that provide a layout that maximizes residential development in clusters around town centers. Town centers shall include but not be limited to public squares or parks, as well as commercial and residential uses. (d) Wide sidewalks, street trees, and on -street parking in the town center. 5. Integration into Major Street Grid: Each new town project shall have multiple connections to major roads, and extend major roads planned to traverse the rural area in which the project is located. 6. Building Height: Residential structures shall be limited to a maximum height of 35 feet, while nonresidential and mixed use structures shall be limited to a maximum height of 50 feet. For all structures, architectural embellishments may exceed the maximum height limitation by no more than 15 feet. Policy 1.39: The county shall limit the use of the 663301.95 acres of C/I designated property located north of SR 60 and west of 98th Avenue to research/technology/industrial uses only. Those uses include research/technology/industrial parks, light manufacturing and assembly facilities, distribution centers, and accessory commercial uses. For that portion of the 665 acre property that lies west of 102nd Avenue, the Floor Area Ratio shall be limited to .30 and development shall be limited to no more than 2% accessory commercial uses and no more than 49% research/technology uses. This policy shall be implemented through Planned Development (PD) zoning and/or Planned Development Plan requirements. In addition, each preliminary PD plan (site plan) for development of the portion of the 665 acre property that lies west of 102"d Avenue shall: • incorporate a stormwater management and flood protection design that mitigates potential adverse impacts of a flood associated with the failure of federal and privately owned levees within the Upper St. Johns River Basin Project; and • include upland edge buffers between industrial development and any adjacent wetland mitigation bank area; and • provide mass transit infrastructure (bus waiting area shelters, benches, accommodations for pedestrians, bicyclists and accessibility by persons with disabilities); and • incorporate a traffic circulation design that meets FDOT S.R. 60 access management requirements and provides shared access and interconnections between facilities. On that portion of the 665 acre property lying west of 102"d Avenue, development will be limited to 4.2 million square feet of research, technology, industrial, and accessory commercial uses until I-95 north of S.R. 60 is widened. Future Land Use Element 148 580 County wide level -of -service standard for Middle Schools of 117.26 building square feet per student station County wide level -of -service standard for High Schools of 147.57 building square feet per student station County wide weighted average level -of -service standard for all schools of 139.07 building square feet per student station g. Transit: The county adopts the following transit level -of -service standard: • One-hour headways shall be maintained on all fixed transit routes. Policy 3.9: Indian River County shall coordinate with private utility providers, including electric, gas, telephone, and cable TV, to ensure that utility services are delivered efficiently. Policy 3_10: The county shall provide infrastructure improvements to existing subdivisions with inadequate infrastructure, such as Vero Lake Estates, Paradise Park, Oslo Park, and Pine Tree Park, through the petition paving program and the utility assessment process. OBJECTIVE 4: EFFICIENT MIX OF USES TO REDUCE TRAFFIC DEMAND AND GREENHOUSE GAS EMISSIONS By 2030, Indian River County will have a land use pattern that maintains the number of daily automobile trips per capita and the length of trips on county roadways at or within 10% of 2005 levels. Those levels were 4.53 daily automobile trips per capita and 18.94 minutes per trip. Policy 4.1: Land use districts shall be located in a manner which concentrates urban uses, thereby discouraging urban sprawl. Policy 4.2: By January 20118, Indian River County shall identify and map target areas for redevelopment and infill development. Policy 4.3: For the areas targeted for redevelopment and infill development in Future Land Use Element Policy 4.2, Indian River County shall, by 201-29 assess the potential for future development, review infrastructure capabilities and needs, and develop special overlay or use districts and regulations, if warranted. Policy 4.4: By January 20420, Indian River County shall work with property owners, developers, and the public to develop and implement a plan to promote development of the areas targeted for redevelopment and infill development. That plan shall examine the feasibility of reduced development fees, streamlined application processing, mixed uses, density bonuses, Traditional Neighborhood Design, home/work linkages and other innovative techniques to promote development in those areas. Future Land Use Element 155 581 • Residential lots created through the PD process shall not be less than 1 acre with the remainder of the area designated as open space; • The open space shall be in contiguous areas; • Common open space, if provided, shall be under the control of an appropriate entity and maintained in perpetuity, through an open space, recreation, conservation and/or agricultural preservation easement(s), to be created through Deed Restrictions, with infill prohibited; • Agricultural PDs shall implement Best Management Practices submitted to and approved by staff; and • All recreational amenities shall be depicted on the PD plan; no recreational uses that could constitute a nuisance to adjacent properties shall be permitted. OBJECTIVE 6: AGRICULTURAL PROTECTION In recognition of the Indian River County's desire to protect agriculture despite the challenges and changes facing the citrus industry, the county's objective is to retain, through 2017, at least 125,000 acres of land in the unincorporated county that is used for active agricultural operations. According to the United States Department of Agriculture's 2007 Census of Agriculture, there were 157,196 acres of land that were used for active agricultural operations that year. Of this land, approximately 139,000 acres are located within the unincorporated area of the county. This objective, by itself, does not justify or suggest a need for Future Land Use Amendments from Agricultural Designations. Policy 6.1: Indian River County shall not provide public services or facilities which would induce or encourage the development of agriculturally designated lands. As such, the county shall not provide water and sewer service outside the urban service area except in the following instances: • To provide for the health and safety of existing residents in a manner consistent with Sanitary Sewer Sub -Element Policy 2.4 and Potable Water Sub -Element 2.4; • To serve lets or- pet4iens of lets whieh ffent en a publie roadway that seFves as an ur-ban seFyiee boundafy, as long as the provide utility services under limited circumstances is -consistent with Potable Water Sub -Element Policy 5.7 and Sanitary Sewer Sub -Element Policy 5.8 as amended.; Future Land Use Element 160 582 • projects which may impact historical and archaeological sites identified on the Florida Master Site File or designated as significant by the Board of County Commissioners. Policy 8.2: Indian River County shall use incentives such as transfer of development rights, tax relief, mitigation, and public acquisitions; and penalties such as fines and imprisonment, to protect and preserve historically and archaeologically important resources. The following criteria are used to determine the historical significance of a resource: • whether or not the resource is at least 50 years old; • whether or not the resource contains significant character, interest or value as part of the historical, cultural, aesthetic and architectural heritage of the county; • whether or not the resource displays historical, political, cultural, economic, or social trends of community history; • whether or not the resource displays unique and/or distinguishing characteristics of an architectural style, design period, construction method, detail, craftsmanship, or material; and • whether or not the resource is a work by a prominent architect, designer, engineer, builder or landscape architect. Policy 8.3: All public and private development or redevelopment proposals shall be reviewed for their impact upon designated historic resources. Policy 8.4: Public and private development and redevelopment activities shall cease, at least temporarily, if historic or archaeological artifacts are discovered, in order to allow for evaluation of historic significance. Policy 8.5: Indian River County land development regulations shall include provisions for land use management techniques such as Transfer of Development Rights, Tax Relief, Mitigation or Public Acquisition to ensure compliance with the provisions of these policies and to minimize the impact on property owners. Policy 8_6: The county shall periodically update its historic properties survey. In addition to providing a more accurate assessment of the condition of historic properties, such updates will also allow the inclusion of newly -eligible properties. OBJECTIVE 9: PROMOTE AESTHETIC DEVELOPMENT Through the implementation of land development regulations, Indian River County will have aesthetically pleasing buildings, signs, landscaping, parking areas, and roads. Policy 9.1: By January 201-29, Indian River County shall establish guidelines to ensure that all new county buildings and facilities will be compatible with the architectural character of the surrounding neighborhood. Future Land Use Element 165 583 Policy 10.4: Multi -family residential sections of The Moorings that were zoned RM -10 prior to February 13, 1990 shall be allowed to maintain their RM -10 zoning and shall be considered conforming uses within the L-1 designation. These phases include Windward, Southwinds, Harbour Side, The Pointes, River Mews, and South Passage. OBJECTIVE 11: BLIGHTEWAREAS NEEDING REDEVELOPMENT OR REVITALIZATION By 2016, Indian River County will have taken action to encourage redevelopment or revitalization in at least three blighted -areas. Policy 11_1: By 201-29, Indian River County shall develop guidelines and regulations to designate areas in need of redevelopment or revitalization. Policy 1_2: Within one year of designating a redevelopment or revitalization area, Indian River County shall determine the needs and deficiencies as well as remedies and solutions for that area. Policy 11.3: Indian River County shall enforce the provisions of the PRO, Professional Office zoning district. The purpose of this zoning district shall be to encourage infill development and the redevelopment or revitalization of blightedordeel igresidential areas which are no longer appropriate for strictly single-family use but are not considered appropriate for a broad range of commercial uses, as permitted in other commercial zoning districts. Policy 11.4: Indian River County shall encourage the development, redevelopment, revitalization and upgrading of undeveloped and underdeveloped subdivisions through mechanisms such as Block Grant Programs, Municipal Service Tax Units, creative finance and development proposals, zoning, and simplified replatting procedures. Policy 11.5: Indian River County shall maintain a vigorous code enforcement program operating in all areas of the unincorporated county. OBJECTIVE 12: COORDINATED PLANNING All development in Indian River County will be consistent with the resource planning and management activities of the state, and with approved management plans including the Hutchinson Island Management Plan. Policy 12.1: The county acknowledges the application of the Hutchinson Island Resource Planning and Management Plan (HIRPMP) to Indian River County. Past county actions have resulted in development regulations consistent with the HIRPMP. All new development on the unincorporated barrier island will be consistent with the HIRPMP by implementing the policies of this comprehensive plan. Future Land Use Element 168 584 Policy 12.2: As part of the county's periodic Capital Improvements Element evaluation and update process, the impact of new development on hurricane evacuation times and the need for improvements and the timing of improvements to evacuation routes in order to maintain or reduce evacuation times shall be assessed. Policy 12.3: Indian River County shall include within its land development regulations a mechanism to assess the impact of new development on emergency evacuation. OBJECTIVE 13: LOCAL PLANNING By 2015, the County will have a formal coordination mechanism with other federal, state, regional, and local governments and agencies for land use planning activities, provision of facilities and services, and funding and implementation of programs. Policy 13.1: Indian River County shall ensure that land development activities, development orders and permits, rezonings, and comprehensive plan amendments are coordinated, as may be appropriate, with the municipalities of the county, adjacent counties, regional and special districts, and state and federal agencies. Policy 3_2: Indian River County, through coordination with municipalities within the county, shall ensure that future annexation will not create enclave areas. Policy 13.3: By 2014-8, the county shall encourage municipalities to identify potential areas for annexation, develop criteria for annexation decisions, and execute interlocal agreements with the county to formalize these criteria. Policy 13.4: Indian River County shall coordinate with municipalities within the county to amend the proposed interlocal service boundary agreement between the county and municipalities to address annexation issues, maintenance of established level of service standards, extra jurisdictional developmental impacts, upfront coordination on land use amendments and rezonings, and establishment of a dispute resolution process. OBJECTIVE 14: PLAN AMENDMENT AND REVIEW Indian River County will have a mechanism for review and amendment of the comprehensive plan. Policy 14.1: Indian River County shall provide for the amendment of the Comprehensive Plan in accordance with the provisions of Chapter 163, FS. Applications to amend the future land use plan map may be submitted by the owner or the agent for the owner of property proposed for redesignation, by the county planning staff, or by the Board of County Commissioners. Where an individual application is submitted, land development regulations shall provide for payment of an appropriate fee and disclosure of all individuals having an equitable interest in the proposed change. Applications to amend other portions of the comprehensive plan may be Future Land Use Element 169 585 Indian River County 2030 Comprehensive Plan 0%1 0 .. Indian River County Community Development Department Supplement # ; Adopted , 2016, Ordinance 2016- 586 Comprehensive Plan Solid Waste Sub -Element POLICY 4.1: The County shall expand its recycling program by accepting more materials, such as food waste, to be recycled to reduce the volume of waste disposed of in the landfill. POLICY 4.2: By 204.222, the SWDD shall re-evaluate ee detefmifte the feasibility of establishing a mandatory solid waste collection system that serves properties within the County's Urban Service Area. Upon the establishment of mandatory door-to-door garbage collection, the SWDD shall evaluate the need for and the level of service required from the customer convenience centers. POLICY 4.3: The SWDD shall continue to assist the School Board to develop and maintain a course which informs students of the impact of mismanaged solid and hazardous waste as well as the importance and benefits of a recycling program. POLICY 4.4: The County as part of its recycling program shall eliminate open burning in urban areas by maintaining its facility for the recycling of organic waste, including land clearing debris, grass clippings, etc. into compost and mulch. POLICY 4.5: The SWDD, through radio and newspaper advertisements, informational brochures, or through special events, shall provide general public education on the importance and benefit of the recycling program. POLICY 4.6: By 20.1-220, the SWDD shall valuate the feasibility of the maximum recovery of recyclables from the County garbage stream and their conversion to useful products. POLICY 4.7: By 204-220, the SWDD shall valuate te detefffl ine the feasibility of transferring the County's solid waste to another regional facility for disposal of solid waste. Community Development Department Indian River County 29 587 Indian River County 2030 Comprehensive Plan Indian River County Community Development Department Adopted: October 12, 2010 Supplement # ; Adopted , 2016, Ordinance 2016- ..; Comprehensive Plan Transportation Element POLICY 4.1: The county hereby adopts the MPO Bicycle/Pedestrian Plan. Implementation of the plan in the unincorporated county will occur through the incorporation of improvements identified in that plan in its TCIP. The plan will be used as a basis for applying for and programming federal enhancement project funds. Funds will be used to program improvements such as the construction of new bicycle and pedestrian lanes and paths, and the retrofit of existing lanes and paths. The implementation schedule will be determined by the priority ranking of each roadway segment as contained in the MPO Bicycle/Pedestrian Plan. The following programs shall also be implemented by the county according to the plan: an off-road facilities program, a safety improvement program, and a mode shift program. These programs will be implemented as the funding, right-of-way, or other necessary resources become available. POLICY 4.2: By 2020, the county shall evaluate utility easements, railroad rights-of- way and drainage canal rights-of-way as locations for off road trails. This evaluation will be based upon safety and cost considerations as well as negotiations with appropriate agencies which control these easements and rights-of-way. POLICY 4.3: Periodically, the roadways to identify hazards to bicyclists. to correct them will be programmed. county will assess all thoroughfare plan Where hazards are identified, improvements POLICY 4.4: The county will use at least $200,000 per year of 1 cent local option sales tax revenue for bike/pedestrian system improvements. POLICY 4.5: The county will continue to apply for IS FET0 A t i T h - `federal non -motorized transportation funds to construct bike/ped improvements. POLICY 4.6: The county will, through its land development regulations, require that all developments fronting on thoroughfare plan roadways provide for construction of bicycle and pedestrian improvements as identified in the MPO Bicycle/Pedestrian Plan and MPO Greenways Plan. POLICY 4.7: The county will, through its land development regulations, require that internal sidewalks are provided in all residential subdivisions with densities higher than 1 unit per four acres. POLICY 4.8: The county will install bike -ped signals at all new signalized intersections and will install bike racks on its buses. POLICY 4.9:$ e,.t..►., e ��-tThe county will annually consider fundin �,l�a sidewal{� : atehing ftmd program for construction of re4defftia4-sidewalks in residential areasby homeowners. POLICY 4.10: Where practical and to the extent possible and where such design is in compliance with the Florida Green Book and County Typical Design Standards the County will implement "complete streets" principles such as the inclusion of bike lanes Community Development Department Indian River County 130 589 Comprehensive Plan Transportation Element and sidewalks for new roadways widening projects and roadway redesigns to address the needs of public transportation vehicles and patrons bicyclists and pedestrians of all ages and abilities in planning, programming, design construction and maintenance of County roadways. These principles will be applied to reconstruction and maintenance projects to the extent state or federal statute economic and environmental considerations and existing development will allow. The County will view all transportation improvements as opportunities to improve safety, access and mobility for all travelers and recognizes bicycle, pedestrian and transit modes as integral elements of the transportation system. OBJECTIVE 5 LAND USE COMPATIBILITY Throughout the time horizon of this plan, traffic circulation system will be compatible and compliment adjacent land uses. POLICY 5.1: The county shall design and locate to the extent possible major roadways (i.e. minor and principal arterials) and intersections such as to not adversely affect existing neighborhoods nor produce excessive traffic on local roads through residential areas. The following are some of the characteristics by which the county will determine whether neighborhoods are adversely impacted: severs existing neighborhoods, more traffic other than local traffic using roadways, widening of roadways which results in roadways constructed closer to residential homes, and other similar characteristics. In areas where minor and principal arterial roadways and their intersections adversely affect existing neighborhoods, the county may provide buffers as stated in the above Policy 7.1. The county will also review the feasibility of relocating roadways and intersections and limit the number of roadway connections and accesses. Where appropriate, the county will implement traffic calming improvements. POLICY 5.2: The county shall locate and design roadways to minimize adverse environmental impacts. Where sensitive environmental areas will be impacted by roadway construction, the county will mitigate those impacts by taking action as provided for in the Conservation Element of the plan. POLICY 5.3: The county shall not fund transportation improvements which will allow increased development in coastal high -hazard areas. POLICY 5.4: The county hereby designates as historic and scenic roads the following: ° Jungle Trail ° Old Winter Beach Road ° Fellsmere Grade ° Quay Dock Road ° Gifford Dock Road The county will prepare, adopt, and implement management plans for each of these roads in order to protect and enhance their scenic/historic character. Community Development Department Indian River County 131 590 Indian River County 2030 Comprehensive Plan 0%1- . MM Indian River County Community Development Department Adopted: October 12, 2010 Supplement # ; Adopted _ 2016, Ordinance 2016- 591 Comprehensive Plan Economic Development Element Inventory of Existing Conditions Overall, there are many factors which influence economic development in an area. These range from physical conditions to demographic characteristics, including existing and projected population levels. This section addresses those factors. Geography Climate Indian River County has a humid, subtropical climate. According to the United States Geological Survey, Indian River County's average coastal temperature, as measured at the Vero Beach MungeipalRe ional Airport, is 23°C (73.4°F). The temperature further inland, at Fellsmere, is similar. While this average temperature is moderate, the county's afternoon temperatures usually exceed 32°C (90°F) throughout the summer. Freezing temperatures occur occasionally in the coastal areas of the county, but they occur almost annually in the county's inland area. As measured at the Vero Beach airport, the county's mean annual precipitation is 53.4 inches, while the average precipitation inland at Fellsmere is approximately 57 inches. More than 60% of this total annual rainfall occurs during the summer months. Topography Topographically, Indian River County lies in Florida's coastal lowlands. In Indian River County, these lowlands include several ancient marine terraces, each of which was part of the ocean bottom at a time when the Atlantic Ocean stood much higher. The two terraces which comprise Indian River County are the Pamlico Terrace and the Talbot Terrace. The Pamlico Terrace covers the area from the county's coast to the western edge of St. Johns Marsh, a distance of approximately 24 miles. This terrace is comprised of three distinct ridges: an offshore bar, the Atlantic Coastal Ridge, and the Ten -mile Ridge. Most of this area is less than 25 feet above sea level. The offshore bar is the current barrier island. This island reaches a maximum height of approximately 20 feet above sea level. West of the island is the Indian River. Further west and located on the present-day mainland is the Atlantic Coastal Ridge. That ridge, which is a remnant of an offshore bar, was formed in the Pamlico Sea and reaches altitudes of more than 50 feet. West of the Atlantic Coastal Ridge is a flat, trough -shaped area that is analogous to the present Indian River. Adjacent to this is the Ten -mile Ridge, which is a less pronounced sand ridge located approximately Community Development Department Indian River County 2 592 Comprehensive Plan Economic Development Element Education Currently, the School District of Indian River County is a Grade "A" school district. That is the highest letter grade that can be awarded by the state to a school district. The "A" grade was awarded to the County because of exceptional scores district wide on state standardized tests. Overall, the School District's district -wide score for the 2008-09 school year placed the County in 17th place out of Florida's 67 counties (top 25%). Within Indian River County and the surrounding region, there are various universities and technical institutes providing education and research opportunities to county residents and businesses. Several of those higher education institutions offer programs within Indian River County in which students can earn credits toward an associate, bachelor, or masters degree program. Besides primary, secondary, and higher education, the county also has training programs available. These are coordinated and monitored by areerSource Research Coast. In 2006/2007, 48 job training programs, approved by Workforce Solution's Targeted Occupations List, were offered within Indian River County by Indian River State College, the School District of Indian River County, and the Vero Beauty and Massage Institute. These institutions/organizations can specifically tailor training for new and existing businesses in Indian River County based on the businesses' needs. Housing An adequate supply of housing is an important economic development location factor. For both employees and management, adequate housing needs to be available either in the community or nearby. Presently, the county has a mix of affordable single family and multifamily units. Although housing affordability was an issue in the housing boom period of 2002 to 2005, the overbuilding at that time led to a collapse of the housing market and an increase in housing affordability. Housing issues related to Indian River County are addressed in the Housing Element of the Comprehensive Plan. Market Relationships/Access to Markets Located along the east coast of Florida, approximately two hours north of the major metropolitan areas of South Florida, Indian River County is approximately thirty minutes north of the Fort Pierce - Port St. Lucie MSA, approximately forty-five minutes south of the Palm Bay -Melbourne -Titusville Metropolitan Area, and approximately one hour and forty-five minutes southeast of the Orlando Metropolitan Area. Community Development Department Indian River County 7 593 Comprehensive Plan Economic Development Element the county and the other at State Road (SR) 60 in the central part of the county. While both existing interchanges are important for future industrial growth in Indian River County, a third interchange is planned for the future at Oslo Road in the south part of the county. When this interchange is ultimately constructed, it will provide direct access to a largely undeveloped industrial area of the County. Prior to construction of the Interstate system, U.S. #1 was the historical route connecting the U.S. east coast metropolitan areas. It extends along almost the entire east coast of the U.S. In Indian River County, U.S. #1 runs the full length of the county and connects most of the communities within the county to each other. Extending from Vero Beach in the east portion of the county to Tampa, a major metropolitan area on the west coast of Florida, SR 60 is a major east/west corridor on the Florida, Intrastate Highway system. This route functions as an important east/west connector in the state. In addition, it connects the County to the Florida Turnpike which provides access to markets southward to Miami and northward to Orlando. Recently, SR 60 was expanded from two to four lanes from I-95 to Yeehaw Junction. Currently, the county has sufficient capacity on its road network to accommodate additional growth. Transportation issues related to Indian River County are addressed in the Transportation Element of the Comprehensive Plan. Within Indian River County, there are tweis one municipal airports: and one regional airport. These municipal airports ateis in Vero Beaeh Sebastian and the regional airport is in Vero Beach. While the Vero Beach MunieipelRe ional Airport accommodates a full range of general aviation aircraft up to corporate jets, and is fully certified by the FAA under Part 139, the Sebastian Municipal Airport accommodates both piston aircraft and small corporate jets. Both Vero Beach and Sebastian Airports provide public services to a large economic base of aviation related businesses. Approximately 38 miles north of Indian River County, Melbourne International Airport is the closest commercial airport with scheduled passenger service to major cities. Community Development Department Indian River County 9 594 Comvrehensive Plan Economic Development Element family home, depending upon size. Impact fees are also required for various commercial and industrial uses. Library, School, and Park and Recreation impact fees do not apply to nonresidential uses. Currently, five of the county's eight impact fees are suspended to encourage construction and economic development. Water and sewer impact fees are established in a separate ordinance. While water impact fees are $1,300 for each equivalent residential unit, sewer impact fees are $2,796 for each equivalent residential unit. Deposits are also based on equivalent residential units. Within the City of Vero Beach, electric impact fees have historically applied. For residential properties, electric impact fees amwere $550 per dwelling unit. For commercial/industrial properties, electric impact fees started at $550 per unit and increased depending on the estimated electricity demand of the proposed land use. On December 16 2015 the City of Vero Beach suspended electric impact fees pending approval of the Public 5ervice Commission If the Public Service Commission does not approve the suspension request the electric impact fees will be charged retroactively. Separate fiem impaet fees, the Geunty also has a prewed interest fee fheA is used to finanee the widening of a peFtielj of State Read 60. The inter -est fee is being ehaFged to all develepwAwAaAat impoet SR 60 between 6eA"ffl*__ffi�, Economic Development Initiatives • Target Industries Currently, the Board of County Commissioners offers various financial incentives to target industries to encourage those industries to locate to Indian River County or to expand businesses already in the county. The County's target industries list includes manufacturing and other basic industries. Generally, the target industries are businesses that pay wages near or above the county's annual average wage. By targeting industries that pay higher than average wages, the County intends to improve the standard of living and employment opportunities of residents e f the for county residents. In 2006, there were 11,188 jobs within the County's targeted industries. Of those target industries, the fastest growing are service industries. While service industries have been growing, only minimal gains have been made in basic/contributory industries (industries that bring money into the local economy by selling their products outside of the county) such as Fabricated Metal Products Manufacturing, Wood Products Manufacturing, Non-metallic Mineral Product Manufacturing, and Plastics and Rubber Products Manufacturing. Currently, the county offers financial incentives to target industries as follows: Community Development Department Indian River County 26 595 Comprehensive Plan Economic Development Element • Qualified Target Industry Tax Refund Program The Qualified Target Industry Tax Refund Program, administered through Enterprise Florida, provides a tax refund of up to $8,000 ;fie -arta -$5,000 per new job EnteFp-ise Zene. a bonus of $2,000 per iob if the business falls within a designated high impact sector, $2,500 per job if the project is located in a designated Brownfield area. To be eligible, the business must create at least ten new jobs in any of the state's target industries and pay an average annual wage of at least 115 percent of the county's average annual wage For a manufacturing proiect paving at least 100 percent of the prevailing average wage-, the wage requirement may be waived in special circumstances. Locally, the county provides a 20% match of the total taxes refunded. This program is designed to create high value-added jobs and encourage the growth of corporate headquarters and other targeted high value industries. • Local Jobs Grant Program This program can apply to a company that creates at least five jobs in the county's target industries. The amount of the grant is based on the number of jobs created and the average salary of those jobs. Each grant application is reviewed by the Board of County Commissioners. The County provides $3,000 for each new position created that pays from 75% to 99.99% of the County's average annual wage; $5,000 for each new position created that pays from 100% to 149.99% of the County's average annual wage; and $7,000 for each new position created that pays 150% or more of the County's average annual wage. In addition, a 10% bonus is provided to businesses that locate within the City of Vero Beach/Indian River County Enterprise AeneArea. • Impact Fee Financing Program An impact fee financing program is another incentive offered by Indian River County to encourage development. This program allows financing of impact fees for businesses listed on the county's target industries list. • Waiving County Utility Deposits Another incentive offered by Indian River County relates to county utility deposits. With this incentive, the county will guarantee county utility (county water and/or sewer) deposits of up to $10,000 for businesses meeting certain requirements. Instead of the business paying the deposit amounts up front, the county will pledge funds that can be drawn upon if necessary. • Special Incentives Granted by the Board Of County Commissioners Community Development Department Indian River County 27 596 Comprehensive Plan Economic Development Element The Board of County Commissioners has flexibility to grant special incentives on a case by case basis, based on job creation, wage levels and increased property taxes. Incentives could include the purchase or lease of land, infrastructure improvements, payment or financing of county impact fees, or cash incentives. In addition to incentives offered by the Board of County Commissioners, there are incentive programs offered by areerSource Research Coast that can be accessed by employers relocating to the county or existing employers within the county that are expanding. Those incentive programs are as follows: o Local Training/Grant Assistance areerSource Research Coast will provide on-the-job training tefor employers to offset the costs associated with new hires. The Grant serves as a cost effective way for local employers to hire quality applicants by reimbursing up to 50% of the employee's salary during their training period. o Employed Worker Training Grants Wed&r-ee Solutions areerSource Research Coast will provide grants to reimburse employers for up to 50% of direct training costs to train current employees in new skills that may lead to greater productivity. The employer chooses the training that meets company needs. Grants may be accessed through CareerSource Research Coast. o Recruitment/Assessment Services At no cost, areerSource Research Coast will assist businesses in finding qualified candidates who are trained and equipped with the right skills to fill their positions. Professional Recruiters efficiently recruit, screen and refer only qualified applicants to open positions. Indian River County/City of Vero Beach Enterprise Area-Zmw in 2005, indian River Geunvy and the Gity ef Ver -e Beaeh i8intly established an Efiterpr-ise Zone within the Gi&rd Gemmunity (see map, In 2005, the Florida Legislature approved a joint application from Indian River County and the City of Vero Beach to establish an Enterprise Zone (EZ). The EZ encompassed properties in and around the Vero Beach Regional Airport and the adjacent Gifford community. An Enterprise Zone iwas an area designation approved by the state to encourage new economic growth and investment in distressed areas. The state accomplishesd this in Community Development Department Indian River County 28 597 Comprehensive Plan Economic Development Element part by providing tax incentives to residents and businesses within Enterprise Zones. -The 2015 Leeislature did not reauthorize the program and the Enterprise Zone program expired 12/31/15.T -hose tax ineentives r„`rte Although the statesunseffed the enabling legisiatie i --program expired at the end of 2015 the Indian River County Board of County Commissioners (BCCA determined that It Is Important for the County to continue to provide a special economic development Incentive In the former Enterprise Zone area consistent with the Gifford Neighborhood Plan Policy that supports such an incentive in the Gifford area On January 12 2016 the BCC approved a resolution to continue to offer a 10% 106al jets g bonus es -to eligible target industry companies applying for a local jobs grant locating within the newly re labeled "Enterprise Area". The "Enterorise Area" encompasses the same geographic area of the former Enterprise Zone. Indian River County/City of Vero Beach Enterprise Area 598 u I 1,{✓WW✓ 7a S3R0 ST 7 49TH ST 4 INDIAN RIVER SHORES fi 45TH ST—X G a 43RD ST – —43RD ST - ' 41ST -ST ti Y cqe 37TH ST <^— 37TH 3T —33RD Sr VERO BEACH ND BLVD 46TH ST 48TH ST ----1\ Legend��o North & Main Relief Canals P3 40TH �i — Major streets e�vO go 40TH ST Municipal Boundaries w Enterprise Nes Boundary P iF 77TH ST - 92M Parcels abutting 2 -lane street segments are within Entarpnse Zone as shown source IRC Communis Development pment Department 598 Comprehensive Plan Economic Development Element City ef Ver -e 13eaeh have at their- dispesal to help refaift fitid eyipafid existing busifiesses and help -to wer-e submitted to the state. The amount ef meney ifivested On Building Materials and Rrm AIII $29,936.00in Building Matffial Sales Tax Refunds were req jested for- businesses investiff" 33,248.00 in Business Equipment Sales Twx Refunds were requested feratetal investmefft-of $615,474.00 On Business . Florida's Research Coast Economic Development Coalition In the late '99 1998, a Memorandum of Understanding (MOU) was signed by the primary economic development organizations EDOs in Martin, St. Lucie, Okeechobee and Indian River Counties to coordinate economic development efforts as a region de That Menier-I e€ MOU set the foundation for G } -these primary EDOs and the President/CEO of CareerSource Research Coast to form the "Florida Research Coast Economic Development Coalition" to better promote the economic development objectives of the three-four counties. Currently, the Business Development Board of Martin County, the Indian River County Chamber of Commerce, the Economic Development Council of St. Lucie County, the Okeechobee Chamber of Commerce, and WerktbFee SohAieftsCareerSource Research Coast are sharing resources to promote/advei4ise the t-hreefour counties as a cohesive region. The research coast initiative is building upon recent efforts of all thfeefour counties and CareerSource Research Coast -to recruit companies involved with the Life Science Industries along with other targeted industries. In faet, One of those life seienee eempanies is Terfey Pines histitute fer- Meleettlar- Studies, a-Galifemia hies moved inte a 100,000 square feet 14'e Or-egen Health and Seiefiee Univer-sity's Weeine and Gene Theffipy 11'stitute moved into temper-af-y f6eilities within the T-Offey Pines histitute for- Meleraular- Studies, while VGT-1 is building its fileility. Finally, the Mann Reseafeh Center- is leeating on a 22 aer-e --+- within the T&AI 0 T -r- ditien.. Community Development Department Indian River County 30 599 Comprehensive Plan Economic Develoument Element Identification of the County's Constraints and Potentials As with any area, Indian River County has economic development constraints and economic development potentials. Generally, a constraint is a defined characteristic of an area that in some way hinders economic development. Conversely, a potential is a characteristic that supports or encourages economic development. Focusing on the constraints and potentials provides a foundation for the development of objectives and policies relating to economic development. Central to a community's ability to attract industry and enhance economic development is the perception that outside firms have of that community. According to "An Economic Development Toolbox: Strategies and Methods", published by the American Planning Association and written by Terry Morre, Stuart Mech and James Ebenhoh, companies consider a number of criteria when deciding to locate to a community. Those criteria include: ■ Access to , quality of, quantity of, and cost of needed resources and supplies; ■ Availability of development ready land and/or buildings (appropriately zoned and supplied with utilities and services); ■ Cost and productivity of labor (one of the most important factors); ■ Location relative to supplies and markets (less important for knowledge based industries such as the software development industry); ■ Availability of public and private infrastructure (roads, water, sewer, airports, cargo facilities, energy systems, and telecommunications); ■ Presence of and existing business cluster (available labor pool and access to suppliers that service the cluster); ■ Amenities and other quality of life factors (good schools, clean environment, affordable and appropriate housing, and diverse and exciting culture); and ■ Government policies (regulations, taxes, and incentives). In Indian River County, economic development constraints and potentials can affect each of the factors listed. Therefore, identifying constraints and potentials will allow the county to improve the perception that outside firms develop of Indian River County. Generally, the county's economic development constraints and potentials range from the county's geography to its infrastructure. Community Development Department Indian River County 31 600 Comprehensive Plan Economic Develonment Element As Indian River County's population increases, the local consumer base expands and that creates economic opportunities for new business establishments to locate in Indian River County. These new business establishments produce more activity and enhance the area's economy. Education Within the region, there are various colleges, universities, and technical institutes that provide education and research opportunities to county residents and businesses. Several of these higher education institutions offer programs within Indian River County in which students can earn credits toward an associates, bachelors, or masters degree. In fact, institutions of higher learning, such as Indian River State College and Florida Atlantic University, are now offering classes and degrees in fields that are at the forefront of technology and other similar fields. These education opportunities are economic potentials in that they can improve the quality of Indian River County's labor force. Another economic development potential is the excellent primary and secondary school system in the county. That system provides a high quality education and an above national performance ranking. Additionally, Indian River State College and the Indian River County School District provide adult educational classes and occupational training for county residents. Recently, Indian River State College expanded its Mueller Center campus and is planning to add additional campus entrances and buildings/facilities. Those new educational facilities and future planned expansions will have a positive impact on the local economy. In order to be competitive in a global market, the county must continuously evaluate its education offerings and seek to improve upon them. Going forward, the county should coordinate with the school district, charter schools, and private schools to ensure that they are providing a curriculum focused on science, technology, engineering, and mathematics. In addition, the County should coordinate with CareerSource Research Coast and the Indian River County Chamber of Commerce to regularly identify unmet educational needs for targeted industries and work with education providers to ensure that those needs are met. Housing For economic development to occur, an area must have an adequate stock of affordable housing. During the recent housing boom, however, the county did not have a sufficient supply of affordable housing. That situation, however, has now changed. Currently, there is an excess amount of housing within the county. That excess is due to overbuilding associated with the housing boom between approximately 2003 and 2006. As a result, there is a significant number of affordable residential rental units and affordable homes for purchase in the county. On the other hand, the collapse of the housing market has made it difficult for people Community Development Department Indian River County 34 601 Comprehensive Plan Economic Development Element Going forward, the County should continue to monitor target industries in the County and surrounding counties. Based on that monitoring, the County should prepare an annual target industry report that should be provided to the Indian River County Economic Development Council and to the Indian River County Chamber of Commerce Economic Development Division. Incentives In the future, the economic development incentives offered by the county may help attract setae new businesses and encourage the expansion of existing businesses. Generally, economic development incentives indicate that an area is receptive to economic growth and development. Going forward, the county should continue to evaluate its economic incentives on an annual basis and update them as necessary to retain existing target industries and to attract new target industries. One such update to the County's target industry incentives d%4 the County should pursue is the establishment �F . development tax abatement pr-egmfn. This type of ineentive is available &em neaFby is the economic development ad valorem tax exemption (tax abatement) program. Residents approved the use of this program via referendum in 2010. The County's tax abatement ordinance authorizes the BCC at its sole discretion to grant qualifying businesses an exemption from certain ad valorem taxes (property taxes) for a period of up to 10 years. Those taxes abated are associated with the General Fund the Municipal Services Taxing Unit (MSTU), and the Emergency Services District Fund. No other taxes such as School District taxes or taxes levied for the payment of bonds, are affected by tax abatement Indian River County/City of Vero Beach Enterprise AreaZmm Recently, development has occurred within older platted industrial areas and within relatively new industrial/business parks. As part of their Capital Improvement Programs, the County and City of Vero Beach should coordinate public infrastructure improvements within the Enterprise ZeneArea so that there is adequate access, water, and sewer to serve vacant developable commercial/industrial lots. The County and City should also continue to work together with the Indian River County Chamber of Commerce to market the Enterprise Ze�Area's betleptts-local jobs grant bonus incentive and available sites to prospective industries. Florida's Research Coast Economic Development Coalition Because the County is competing in an increasingly competitive global environment, it is important that the County participate in or otherwise establish regional partnerships with surrounding jurisdictions, schools, and organizations to work cooperatively toward common economic goals. Those regional partnerships are necessary because most industries do not look at jurisdictional boundaries when considering relocating or establishing a new facility. Instead, industries look at entire regions and the amenities that exist or will exist within those regions. Community Development Department Indian River County 42 602 Comprehensive Plan Economic Development Element Summary To improve the standard of living for residents, the County should continue to strengthen and diversify its employment base so that the local economy is not primarily reliant upon low paying service oriented industries. To do so, the County should maintain a multifaceted approach to economic development. This should include: ■ Refining the County's existing targeted industry list to be consistent with the State's target industry list, which includes the aviation, aerospace, life sciences (biotech), and specialty health care industries; ■ Providing infrastructure to accommodate a growing population base and to accommodate the needs of targeted industries; ■ Facilitating the development of large lot industrial parks; ■ Providing appropriately zoned land for development by target industries; ■ Continuing regional cooperation as part of the "Florida's Research Coast Economic Development Coalition Initiative"; ■ Promoting the assets of the County to CEOs and CFOs of targeted industries; ■ Recognizing the decline in the citrus industry and the need to identify new farm uses for export; ■ Maintaining appropriate economic incentives for key manufacturing and target industries (financial incentives, expedited permitting, etc.); ■ Marketing the County for tourism; ■ Preserving environmental and cultural assets of the community; and ■ Identifying and stopping any remaining service industry leakages. Community Development Department Indian River County 43 603 r-7 Summary To improve the standard of living for residents, the County should continue to strengthen and diversify its employment base so that the local economy is not primarily reliant upon low paying service oriented industries. To do so, the County should maintain a multifaceted approach to economic development. This should include: ■ Refining the County's existing targeted industry list to be consistent with the State's target industry list, which includes the aviation, aerospace, life sciences (biotech), and specialty health care industries; ■ Providing infrastructure to accommodate a growing population base and to accommodate the needs of targeted industries; ■ Facilitating the development of large lot industrial parks; ■ Providing appropriately zoned land for development by target industries; ■ Continuing regional cooperation as part of the "Florida's Research Coast Economic Development Coalition Initiative"; ■ Promoting the assets of the County to CEOs and CFOs of targeted industries; ■ Recognizing the decline in the citrus industry and the need to identify new farm uses for export; ■ Maintaining appropriate economic incentives for key manufacturing and target industries (financial incentives, expedited permitting, etc.); ■ Marketing the County for tourism; ■ Preserving environmental and cultural assets of the community; and ■ Identifying and stopping any remaining service industry leakages. Community Development Department Indian River County 43 603 Comprehensive Plan Economic Development Element OBJECTIVE 2: Diversified Economic Growth Between 2010 and 204420, Indian River County will increase the number of jobs in the county's new high wage target industries by 1,000. Policy 2. 1: The County shall focus its industrial/business/technology/research expansion efforts on attracting and expanding clean, small-scale light manufacturing and assembly industries and those industries identified in County target industry studies as applicable. Policy .2: The county shall encourage the expansion of existing industries and attraction of new industries that are within the target industries list (Policy 2.5) by offering the following county adopted economic development incentives and assistance: ➢ Local Jobs Grant Program; ➢ Traffic, Water, and Sewer Impact Fee Financing; ➢ Utility Deposit Waivers; ➢ Expedited permitting; ➢ Maintenance of sufficient infrastructure capacity (roads, water, sewer); ➢ Provision of Industrial Revenue Bonds; ➢ Provision of job training through Indian River State College; ➢ Provision of workforce training incentives from the Werkferee Development Board of the CareerSource Research Coast; ➢ Assistance with federal or state grant applications (such as Community Development Block Grants); ➢ State Qualified Target Industry Tax Refund Program; and *- Tax Refunds and Tai* Credits within the Enter -prise Zone. Policy 2.3: The county planning division shall track the number of jobs in target industries annually and provide a report to the EDC. The report shall include, but not be limited to, the total number of jobs by NAICS target industry category, the average wage by each NAICS target industry category, the percent and numeric change from the prior year for both the total jobs and their average annual wages. Annual data shall be provided for multiple years. Policy 2.4: The Indian River County Chamber of Commerce and other economic development groups designated by the Board of County Commissioners shall provide assistance, as needed, to companies during the relocation process and report any actions taken to the Economic Development Council at their regular meetings. Policy 2.5: The county, in coordination with the Indian River County Chamber of Commerce, shall establish a list of target industries and evaluate this list an aH1-ueriodically in order to reflect the current economic needs of the county as well as the actual marketing results. Below, Community Development Department Indian River County 46 604 Comprehensive Plan Economic Development Element is the list of the county's target industry clusters.. For marketing purposes the County Indian River County Chamber of Commerce and other economic development agencies representing the County may use their resources to market to a much smaller list based on the results of target industry studies, market research, and expert advice Clean Energy industry including but not limited to: • Solar Energy • Biomass Energy/Biofuels • Fuel Cells and Hydrogen • Ocean Energy Life Sciences industry including but not limited to: • Biotechnology • Medical Device Manufacturing • Pharmaceuticals • Health Care Information Technology industry including but not limited to: • IT Products/Services • Software Development • Modeling/Simulation/Training • Photonics/Lasers/Optics • Microelectronics • Telecommunications Aviation/Aerospace industry including but not limited to: • Aviation • Avionics • Flight Schools Financial / Professional Services including but not limited to: • Corporate/Regional Headquarters • Research and Development Manufacturing/Warehouse/Distribution Emerging Technologies including but not limited to: • Materials Science • Nanotechnology • Marine Science Community Development Department Indian River County 47 605 Comprehensive Plan Economic Development Element Arts, Entertainment, Recreation including but not limited to: • Sports Facilities • Film Locations Post Secondary Public and Private Educational Institutions Other clean light industries that have average annual wages that support an innovation economy. To be eligible for local economic incentives, an industry must meet the target industry criteria established by the state with a focus on those industries that export the majority of products and services outside of Indian River County (as opposed to strictly areas outside of Florida). Currently, the target industry criteria are listed in Section 288.106(1)(0), Florida Statutes. Policy 2.6: The County shall provide for the issuance of Industrial Development Bonds for new industries. Policy 2.7: The Economic Development Division of the Indian River County Chamber of Commerce and other economic development groups designated by the Board of County Commissioners shall assist in providing entrepreneurial and management expertise and a well-trained, skilled, and educated workforce to industries that are within the target industries list (Policy 2.5). Policy 2.8: The County, in cooperation with the Vero Beach Muni ei} 1 -Regional Airport, the Sebastian Municipal Airport, the Indian River County Chamber of Commerce and its Economic Development Division, shall actively market airport industrial lots and space and coordinate its marketing plans with the airport's marketing plans. Policy 2.9: The County, through the Indian River County Chamber of Commerce and its Economic Development Division, shall identify and increase investments needed to enhance a competitive advantage. Policy 2.10: The County, through the Indian River County Chamber of Commerce and its Economic Development Division, shall facilitate interactions between venture capitalists, lawyers, scientists, entrepreneurs, and financiers for new product development and new target industries within the county. Policy 2.11: The County shall request Federal and State agencies to expedite permit processing for target industries and to eliminate duplication and streamline permit processing. This shall include submission of letters and e-mails and phone calls to appropriate Federal and State agencies requesting expedited permitting and follow-up communications with these agencies. Policy 2_12: The County building division shall provide weekend inspection services at cost, based on employee availability and the commercial/industrial tenant's need. Community Development Department Indian River County 48 606 Comprehensive Plan Economic Development Element Policy 2.13: The County shall a -periodically re-evaluate its economic development incentives by comparing its incentives with incentives offered by other jurisdictions. Policy 2.14: The County shall periodically compare its impact fees'as.9 o other counties in the state to determine if County impact fees are competitive for new commercial/industrial development. Policy 2.15: The Indian River County Chamber of Commerce and other economic development groups designated by the Board of County Commissioners shall develop and provide a community information package for new employees and employers relocating to Indian River County. Policy 2.16: The County, through its Local Housing Assistance Program, Low Income Housing Tax Credit Program, and other housing programs, shall continue to provide workforce housing in the county. Policy 2.17: The County will initiate and support a -voter referendums to establish and maintain an Indian River County economic development tax abatement program. OBJECTIVE 3: Maintain Trained Labor Force Through the plan time horizon, there will be sufficient post secondary (college and technical schools) training programs that meet the needs of the county's target industries. Policy 3.1: The County., in conjunction with Coast (DBA WedEfer-ee Selutien; areerSource Research Coast and the Indian River County Chamber of Commerce will survey target industries to determine if educational needs are being met (see policy 1.2). Polic�3.2.: The County shall contact four-year colleges, universities, and other training providers to determine the probability of a branch campus or research facility being established in Indian River County. In so doing, the County shall note that it has the ability to offset impact fees for target industries, including these institutions. Policy 3.3: The County shall support the expansion of the local branch of Indian River State College (IRSC) by providing assistance during the permitting process. Policy 3.4: The County, through the school district, shall continue to offer adult education classes and occupational training for county residents. Policy 3.5: The County, through the Indian River County Chamber of Commerce and other Community Development Department Indian River County 49 607 Comprehensive Plan Economic Develonment Element economic development groups, shall promote expansion of occupational education programs in the county by demonstrating to the educational institutions a definitive local demand for expanded programs. Policy 3.6: The County, through the school district, charter schools, and private schools, shall focus on enhancing science, technology, engineering, and mathematics curriculum in K-12 schools. OBJECTIVE 4: Facilitate Economic Development By 204325, the county and municipalities within the County shall have at least two additional established industrial/business/technology/research parks (for a total of 4 parks) with sufficient land and adequate infrastructure to accommodate new or expanding businesses. At least one of these parks should be developed for Biotech/research/technology industries. Policy 4.1: 301 a f'r e County shall estabhs 3maintain an Indian River County Consortium for Life Science Research and Technology Advancement with appropriate local governments, employment agencies, institutions of higher education and other applicable entities, whose mission shall be to: 1. Promote and support the growth of existing key and emerging economic sectors; and 2. Provide legislative and governmental policies to support economic development; and 3. Make available physical infrastructure to support development, manufacturing, and commercialization of products; and 4. Provide and support emerging technologies; and 5. Leverage the county's current K-12 schools with a focus on enhancing the Science, Technology, Engineering, and Mathematics related foundation for education; and 6. Create a profusion of higher education opportunities within the targeted sectors to enhance our competitive opportunities; and 7. Provide entrepreneurial, management expertise, a well trained, skilled, educated workforce; and 8. Foster a synergy and interaction of venture capital, legal, scientists, entrepreneurs, and financers to create product development; and 9. Identify and increase investments needed to enhance a competitive advantage; and 10. Provide the awareness, advocacy, and expressed will of stakeholders to support economic development. Community Development Department Indian River County 50 608 eyaluate the eounty's land develepment r-egulatiens 0" an annual basis. Any mgulatiefts that mi Community Development Department Indian River County 50 608 Comprehensive Plan Economic Development Element Policy 4.32: The County shall maintain its policies, regulations, information, and application forms on the county website. Policy 4.43: The County shall continue to maintain its database of capacity and demand information for all concurrency related services and facilities. The county will use this database to program capital improvements to ensure that all services and facilities have adequate capacity to accommodate projected growth and development. Policy 4.34: The County, through its Planned Development process and PD zoning, shall allow industrial/business/technology/research park developers and the county to designate the type of uses appropriate for applicable new industrial/business/technology/research parks. Policy 4.65: Through the time horizon of the plan, the county shall designate sufficient land on its Comprehensive Plan Future Land Use Map for future commercial/industrial uses and shall provide infrastructure (potable water and roads, and to the extent feasible sanitary sewer) for these lands to facilitate development of industrial/business/technology/research parks within the county. Policy 4.46: The County shall assist private industrial/business/technology/research park developers to establish industrial/business/research/technology parks at the SR 60/I-95, CR 512/1-95, and Oslo Road/74th Ave. commercial/industrial nodes, and at other appropriate locations within the county. Assistance will include providing pre -application meetings to determine needs and requirements of potential industrial/business/technology/research park developers, expediting the permitting process, assisting with appropriate grant applications, and providing information pertaining to available incentives. Policy 4.97: The County shall, as needed or as part of the Evaluation and Appraisal Report, re- evaluate the size and location of its commercial/industrial nodes. The Commercial/Industrial Data Source document shall be posted on the County's website. This document consists of planning, zoning, and land use information helpful to businesses desiring to relocate. Policy 4.38: The County shall be pro -active in assisting commercial and industrial developers through pre -application meetings and Technical Review Committee meetings, by reviewing procedures, identifying needed permits, and providing information and providing feedback to applicants to expedite the permitting process. The county shall also assist applicants by providing information on non -county required permits or reviews and provide contact information. OBJECTIVE 5: Intergovernmental Coordination By 2011, there will be an adopted Interlocal agreement between the County and the municipalities that provides for coordinated economic development funding and economic development activities. Community Development Department Indian River County 51 609 Comprehensive Plan Economic Development Element 6.4 Maintain and/or improve county characteristics PD Ongoing No 7.1 Provide speakers to educate private citizens regarding economic development EDD/PD Ongoing No 7.2 1 Maintain and increase funding for economic development EDD Ongoing No BCC = Board of County Commissioners COC = Indian River County Chamber of Commerce CVB = City of Vero Beach EDC = Economic Development Council EDD = Economic Development Division of Chamber of Commerce PD = County Planning Department IRCC = Indian River Community College PUD = Purchasing Division OMB = Budget Office TDD = Tourism Division of Chamber of Commerce As designated by the Indian River County Board of County Commissioners, the Economic Development Division (EDD) of the Indian River County Chamber of Commerce functions as the official economic development agency for the county and is recognized as such by Enterprise Florida, Inc. (EFI) the state's economic development agency. Therefore, marketing activities identified in the Economic Development Element are the responsibility of the EDD. The EDD has developed promotional materials designed to attract prospective companies that are relocating or expanding operations and maintains a strong business retention program. Reeenfly, the EDD has feeu The EDD continues to focus its efforts on developing stronger relationships with site location consultants. Site location consultants represent firms that are actively searching for new locations to accommodate an expansion or relocation of their operations. These professionals also provide valuable insight into the site selection process and can offer communities advice on promoting an area for business attraction. invit-it,t -Familiarization tours or FAM tours are conducted where the EDD invites a group of consultants to visit Indian River County to see the benefits our area offers their prospective clients. Prior to a companv executive or the site location consultant scheduling a site visit to Indian River Coun1y, the EDD submits a detailed proposal to the company or consultant outlining the properties or buildings that may meet their prosect needs along with other attributes that could benefit the prospective company's operations During the site visit, the EDD meets with the prospective company or its representative to determine which sites in Indian River County that were previously suggested are most suitable and to discuss incentive programs that could be available to the company. EDD walks the prospective company through the local site location process and facilitates the incentive application process once eligibility is determined. The company's due diligence process in evaluating all sites under consideration often takes months. EDD has assisted sevefainumerous local businesses in securing incentives and training grants which enabled them to expand their local operations thus creating jobs for local residents. The EDD has developed material, such as the promotional thumb drive the Enterprise Zene b h a revised ineeom br-eeh inpromotional videos and revamped its website, offering information needed to assist businesses in making their relocation and expansion decisions. Community Development Department Indian River County 56 610 Indian River County 2030 Comprehensive Plan /11_ M � .. Indian River County Community Development Department Adopted: October 12, 2010 Supplement # ; Adopted , 2016, Ordinance 2016- 611 Comprehensive Plan Recreation and Open Space Element GOAL, OBJECTIVES AND POLICIES As with all elements of the comprehensive plan, goals, objectives and policies are the basis of the Recreation Open Space Element. Not only do they establish the county's direction for recreation and open space; but goals, objectives and policies also set community expectations for recreation and open space and courses of action which the county will pursue to meet those expectations. GOAL: It is the goal of Indian River County to provide a recreation and open space system which meets the needs of all residents of the county, is accessible to all residents of the county, and maximizes the county's physical, cultural and historical resources. OBJECTIVE 1: Adequate Parklands and Recreation Facilities Through 2030, adopted recreation levels-of-seryice will be maintained to ensure that adequate parklands and recreation facilities are available and accessible for public use. POLICY 1.1: The county hereby adopts a recreation level -of -service standard of 6.61 recreation acres per 1,000 permanent population plus weighted seasonal population POLICY 1.2: For level -of service purposes, the county shall measure parkland acres per 1000 population by summing the total county owned park acreage and dividing by the current estimate of unincorporated county permanent population, plus weighted seasonal population. POLICY 1.3: The county shall maintain its concurrency management system, which allows proposed developments only if there is sufficient parkland to serve the proposed development. POLICY 1.4: The county hereby adopts the facility standards identified in Table 10.1 as guidelines to be used in developing parklands. POLICY 1.5: By 204-518, the county shall complete a needs analysis of its recreation services. This analysis will include an assessment of the type of parks and facilities needed in Indian River County, the quantity of facilities needed, the location where those facilities are needed, the current use of facilities, and a comparison of county needs to national standards for recreation services, and unique local conditions relevant to recreation services. POLICY 1.6: By 201-58, the Recreation Department shall evaluate the existing user fee structure and include full cost recovery for adult programs. POLICY 1.7: By 20167, the Recreation Department shall revise its fee structure for county recreational programs and reservation of county park facilities to include a surcharge for out of county residents. Community Development Department Indian River County 46 612 Comprehensive Plan Recreation and Oven Svace Element POLICY 1.8: By 20128, the Recreation Department shall evaluate the current per capita expenditure in the north and south areas (with S.R. 60 as a dividing line) and utilize the collected data to guide placement of needed park facilities in each area. POLICY 1.9: By 20138, the Recreation Department shall evaluate new funding options, including privatization and partnerships. POLICY 1.10: By_20137, the Recreation Department shall evaluate new revenue opportunities such as facility naming rights, beach and park concessions, and others. POLICY 1.11: By 20168, the Recreation Department shall evaluate the feasibility of creating a foundation to develop and receive donations for parks capital and infrastructure needs. POLICY 1.12: The county shall continue to charge park and recreation impact fees to fund a portion of the park system's capital budget needs. POLICY 1.13: The Recreation Department shall continue to apply user fees for those facilities and programs where the benefit is quantifiable and where the fee can be effectively implemented. POLICY 1.14: The county shall, as part of its user fee program, develop a method to subsidize recreation user fees for low income residents so that there will be minimal effects of user fees on participation at sites or programs. POLICY 1.15: The county shall identify state and federal recreation grant programs. When applicable, the county shall apply for available grant funds, for recreation facility or program funding. POLICY 1.16: The county shall maintain land development regulations that require certain planned residential development projects to provide recreation areas and facilities that meet the county's recreation level -of -service standards. OBJECTIVE 2: Parklands in the South District By 2020, the county will have 461 acres of parkland south of S.R. 60. POLICY 2.1: By 20138, the county will, based on funding availability, complete remaining improvements identified in the South County Regional Park Master Plan. POLICY 2.2: The county shall, based on funding availability, include active recreation facilities such as baseball fields, basketball courts, tennis courts, jogging trails, swimming pools and others in its future south county parks if those facilities are consistent with the 2012 updated south county regional park master plan. Community Development Department Indian River County 47 613 Comprehensive Plan Recreation and Onen Space Element POLICY 2.3: The county shall give parkland acquisition priority to the area south of SR 60, west of 43d Avenue. OBJECTIVE 3: Parkland Development By 2020, the county will have developed at least 65 percent of its currently undeveloped existing park acreage. POLICY 3.1: By 2020, the county shall complete phase II of the Treasure Shores Park. POLICY 3.2: By 20138 the county shall develop a new master plan for the fairgrounds, indicating needed facilities and necessary structures. POLICY 3.3: The county shall add facilities to existing parks having undeveloped area. Some parkland will remain undeveloped for a variety of reasons, including environmental, regulatory, and aesthetics. POLICY 3.4: By 20138, the Recreation Department shall update the North County Regional Park and the South County Regional Park Master Plans. OBJECTIVE 4: Access to Parklands and Recreation Facilities Throughout the time horizon of the plan, all new parks and recreational facilities will be located near population centers and will be handicap accessible. POLICY 4.1: The county shall continue to design all new parks and recreational facilities to provide barrier -free access. POLICY 4.2: The county shall locate new park facilities in close proximity to the population to be served based upon service radius for different park types. POLICY 4.3: The county shall provide vehicular, pedestrian, and bicycle access consistent with the Bikeway/Sidewalk Development Plan to all county owned parks in conjunction with park development. OBJECTIVE 5: Access to Natural Resources Through the time horizon of the plan, the current 57 access points to the county's major water resources, including the Atlantic Ocean, Indian River Lagoon, St. Sebastian River, and freshwater lakes, will be maintained. Community Development Department Indian River County 48 614 Comprehensive Plan Recreation and Oven Space Element POLICY 5.1: The county shall use beachfront and riverfront lands that have been acquired through the county's Environmental Lands Acquisition Program for public access to the county's major natural water resources. POLICY 5.2: The county hereby designates the Indian River Lagoon, the St. Sebastian River, and associated coastal resources as a greenway (a.k.a. "blueway") and waterway trail system. Consistent with Policy 8.1 of the Coastal Management Element, Indian River County will participate in the Indian River Lagoon "Blueway" Florida Forever (f.k.a. "Conservation and Recreation Lands") project to acquire and provide passive recreational access to coastal resources bordering the Indian River Lagoon by providing local funding assistance, and by providing "in-kind" services, such as identifying environmentally -sensitive parcels. OBJECTIVE 6: Recreation Programs Through the time horizon of the plan, at least 142 recreation programs per year will be provided. POLICY 6.1: The county shall provide supervised recreation activities at all appropriate park sites. POLICY 6.2: The county may allow private leisure and recreation groups to use park areas for recreation programs and activities provided that the following conditions are met: ➢ The area of the park to be used must not currently be in use by the general public or designated for future use on the park master plan; ➢ A lease specifying duration of use, characteristics of use, insurance requirements, and other applicable conditions must be executed by the Board of County Commissioners; ➢ A site plan or temporary use permit must be approved by the planning department; ➢ Any improvements made to the leased site must be done and paid for by the lessee with the improvements conveying to the county when the lease expires. POLICY 6.3: By 20148, the Recreation Department shall conduct a survey to determine the demand for existing recreational programs and to prioritize demand for new programs. POLICY 6.4: The Recreation Department shall annually identify CORE recreation programs, and services as part of its annual budget request. POLICY 6.5: By 20138, the Recreation Department shall establish an automated recreational program system which allows users to reserve park facilities or to sign up for recreation programs online. Community Development Department Indian River County 49 = Board of County Commissioners Final Public Hearing August 16, 2016 Comprehensive Plan Text Amendment Comprehensive Plan Amendment Process Application Submitted to Community Development Department JL Public Hearing before Planning And Zoning Commission (April 14, 2016) 1 Transmittal public hearing before Board of County Commissioners (May 24, 20 16) 1 Application transmitted to State and Regional Review Agencies 10 A .I. ( Sa..1 a State and Regional Review Agencies send their Comments to the County and to the State Land Planning Agency Board of County Commissioners holds final public hearing (August 16, 2016) Adopted amendment are transmitted to State and Regional Review Agencies and State Land Planning Agency 3 Purpose Amend the Text of several elements and a sub -element of the County's Comprehensive Plan to ensure the plans Policies, Objectives, and general text remain up-to-date. • Coordinated with and supported by other departments and IRC Chamber of Commerce: 1. Utilities Department Solid Waste Division 2. Parks and Recreation Division 3. Public Works Department 4. Metropolitan Planning Organization (MPO) 5. Indian River County Chamber of Commerce 8/19/2016 2 Planning and Zoning Commission Action On April 14, 2016 the PZC voted 5-0 to recommend that the Board Approve the proposed text amendment BCC Action (Transmittal PH) On May 24, 2016 the BCC voted 5-0 to transmit the proposed text amendment to state and regional review agencies 8/19/2016 6 1t a.3 State and Regional Review Agencies No state or regional reviewing agency had any objections/comments Proposed Amendment Future Land Use Element: • Policies 4.2, 4.3, 4.4, 9.1, 11.1, and 13.3 • Postpone completion dates • Policy 1.39 — Reduce acreage for designated research/technology/industrial park (SR 60 and 98th Ave) from 665 acres to 301.95 acres due to City of Fellsmere annexations • Policy 6.1— Clarify that utility service extension policies for sites located outside of the County's USA must meet potable water and sanitary sewer policies • Objective 11, Policies 1.34, 11.1, 11.2, 11.3, & 11.4 - Revise to re -characterize "blighted areas in need of redevelopment" as "areas in need of redevelopment or revitalization" • Text — Remove references to former "Enterprise Zone" & add references/explanation for newly adopted "Enterprise Area" 8/19/2016 &15.a 4 8/19/2016 Proposed Amendment Solid Waste Sub -Element: • Policy 4.2 — Evaluating feasibility of establishing mandatory solid waste collection already completed. Add 2022 date for re-evaluating mandatory collection within Urban Service Area • Postpone completion dates • Policies 4.6 and 4.7 (expanding recycling & transferring waste to another regional facility) • For policy 4.1- Include food waste as one potential material to be considered in the future for an expanded recycling program Proposed Amendment Transportation Element: • Policy 4.3 & 4.9 — Remove due dates and focus on periodically & annually re- assessing sidewalk and bike improvements • Policy 4.5 - Remove an outdated reference to a federal funding source • NEW Policy 4.10 — Implement "Complete Streets" principles (sidewalk, bike, inter -modal improvements) for roadway projects • Recommended by MPO and its committees; wording added by staff in coordination with Public Works 8/19/2016 Proposed Amendment Economic Development Element: • Policies 1.4, 1.10, 2.8, 3.1, & Text — Update references to the Vero Beach "Regional" airport and "CareerSource Research Coast" • Policies 2.5, 2.13, 2.14, 2.17, Objective 4 & Text — Change evaluation frequencies and due dates • Policy 2.1— Reference recently completed target industry study • Policy 2.2 & Text — Remove references to former "Enterprise Zone" & add references/explanation for newly adopted "Enterprise Area" Proposed Amendment Economic Development Element Continued: • Policy 4.1— Change from "establish" a consortium of life sciences to "maintain" • Policy 4.2 — Delete policy, Professional Services Advisory Committee no longer exists • Text — Miscellaneous text edits Proposed Amendment Recreation and Open Space Element: • Policies 1.5, 1.6, 1.7, 1.8, 1.9, 1.10, 1.11, 2.1, 3.2, 3.4, 6.3 and 6.5 • Postpone completion dates Consistency with the Comprehensive Plan Future Land Use Element Policy 14.3 requires that one of four criteria be met to approve a comp plan amendment. ■ A mistake in the approved plan; ■ An oversight in the approved plan; ■ A substantial change in circumstances, or ■ A swap or reconfiguration of land uses at separate sites 8/19/2016 (, IS• a- 7 Changed Circumstances • Annexations • Changed state statutes • Changed agency/organization names • Recognition of recent comp plan updates - Potable Water & Sewer • Committee recommendations • Completed studies • Outdated references Recommendation Staff and the Planning and Zoning Commission recommend that the Board of County Commissioners approve the proposed Comprehensive Plan Text Amendment by adopting the ordinance attached to the agenda item. 8/19/2016 l0is,a-.8 TC « TREASURE COAST NEWSPAPERS (( Monday, August 1, 2016 (( 9A BEFORE THE BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY NOTICE OF COMPREHENSIVE PLAN TEXT AMENDMENT FINAL PUBLIC HEARING The Board of County Commissioners of Indian River County, Florida, will consider adoption of an amendment to the text of the comprehensive plan. A public hearing, at which parties in interest and citizens shall have an opportunity to be heard, will be held on Tuesday August 16, 2016, at 9:00 a.m. in the County Commission Chambers of County Administration Building A, located at 1801 27th Street, Vero Beach, Florida. The proposed amendment is included in proposed ordinance entitled: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE TEXT OF THE ECONOMIC DEVELOPMENT, FUTURE LAND USE, RECREATION AND OPEN SPACE, AND TRANSPORTATION ELEMENTS, AND SOLID WASTE SUB - ELEMENT OF THE COUNTY'S COMPREHENSIVE PLAN; AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE (Legislative) The plan amendment application may be inspected by the public at the Community Development Department in County Administration Building A, located at 1801 27th Street, Vero Beach, Florida, between the hours of 8:30 a.m. and 5:00 p.m. on weekdays. For more information, contact the Long Range Planning Section at (772) 226-1243. 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 is based. Anyone who needs a special accommodation for this meeting must contact the county's Americans with Disabilities Act Coordinator at (772) 226-1223, at least 48 hours in advance of the meeting. Indian River County Board of County Commissioners By: -s- Bob Solari, Chairman Indian River Press Journal State of Florida County of Indian River Before the undersigned authority appeared Kimberly Piston who on oath says the he/she is Account Manager at the INDIAN RIVER PRESS JOURNAL, a daily newspaper published at Vero Beach in Indian River County, Florida, that an advertisement, for 6" 4 measuring column inches, was published in the INDIAN RIVER P SS JOURNAL in the issue(s) of41"'-fA title k V (yC) personally known to me ( )who has produced as identification Sworn to and subscribed before me this day of Atj(4L; s T A.D. c -R -0/L Notary Public E-e_ i CATHERINE POLICARE 'MyCOMMISSION A FF 028015 a' EXPIRES: September 25, 2017 Bonded TMu Notary Pubic Underwriters Cots-A-,�- INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Keith D. Kite ADDRESS: 1045 Winding River Road, Vero Beach, FL 32963 PHONE: SUBJECT MATTER FOR DISCUSSION: Hotels IS A PRESENTATION PLANNED? IS BACK-UP BEING PROVIDED IS THIS AN APPEAL OF A DECISION WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? YES NO YES NO YES NO Economic & Tourism Development 772.633.0292 ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? a YES NO WHAT FUNDS OR ACTIVITIES ARE ExistingFunds & Activities REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form x E -Mail Fax Mail Hand Delivered Phone COUNTY ADMINISTRATOR: k Jason E MEETING 8/1 County Administrator DATE: 616 Dori Ro From: Keith D. Kite <keith@kitepropertiesllc.com> Sent: Wednesday, July 20, 2016 2:20 PM To: Dori Roy Cc: Joseph E. Flescher; Bob Solari; Peter D. O'Bryan; Wesley S. Davis; Tim Zorc; Michael Zito; Jason Brown Subject: Hotels and housing rental Attachments: PublicDiscussionForm-2 IRC 8.16.16.docx Hi Dori, I would like to speak and give a presentation for about 10-15 minutes on the hotel business in Indian River County. Attached is my request to speak at the 8/16/16 BCC meeting. I understand the Commission has asked staff to do a study on Hotels and how best to handle hotel development and rental housing. I believe I can provide valuable insight on how to achieve this and what the county can do with current funds and activities. Best Regards, Keith Keith D. Kite I Managing Partner The Kite Team Coldwell Banker Commercial Paradise 1950 US Highway 1 1 Vero Beach, FL 32960 C: 772.633.0292 1 O: 772.231.9333 1 E: keith@kiteprooertiesllc.com The Kite Team - Excellence in Retail - www.kiteRrovertieslic.com 1 617 Hotels Indian River County Questions aft 1. What brings new hotels? (SpecificaIlyto a tertiary market like IRC) a. Demand Drivers b. Economic Stability and Growth c. Sites d. Product: Supply/Demand/Financing 1. What can the County and County Commissioners do to facilitate hotel growth? 1 V 617- A- 1 Tourist Tax Report Highlights July 2016 - - ------ - -------- - Key Indicators Juno Jana Inc, I YT6 Ju2015 X096 no 'YT6June !nc zi%2915LTourist $158,827 $163.378 $072,213 $202 1 ,323 &3%Tax ........... • Tourist Tax figures are show for the month in which they were Wipciod. Tourist Taxes are tip $4,551 or.*.9% tot the month, and up $155,109 orS.3%for the year, • Tourist Taxes are exceeding budgeted figures by $246,727 or 13.9% for the year. W-4000 $40(kooD $350,001) $300)" 5�.5wxx) $200,(ft $350,000 5100.000 $50,000 STR Reports Revenue Comparison by Month Tab 3 - STAR Summary - My Property vs, Comp, Set and Industry Segments ca,aa xray STR Ocift" Kingdom sloe Fir, 110 sownwArx suaet London SE I OTA Ph— 144 (0)2079221f330 -44 (0)20 79 22 1931 Hampton Inn & Suites Vero Beach Downtown Monthly STAR Report United states M East Main Stroor twdofootwi" TN 37075 Phw'±4 :1 16 16) 824 86" Fa* I(SIO)Z243046 wl—AW C*M 61-1-A- MA60119 of f ............ I . . J . w 1 .1 R 11 i F.16- ........... al.e W -U-1 WMIN (P17 -A- IRC Rooms.... . ............ ........... uern bran ::9246q . so 99911 r9atrk tra ._ ... ...... .. ....... ......................... ................ ............ ...................... . . .................. .... . ... . . . . ................... titre brach :bX961 �-.. 30 a900 IfrcHs�! 9401......, .. ........ . ...... %iW1W �-Oft- w I'm H.U.Nt", ..... .........iii�.. 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I . . J . w 1 .1 R 11 i F.16- ........... al.e W -U-1 WMIN (P17 -A- Segmentation .... ... .... 61-1-A- 4 Action Items Now 1. Stay active in promoting business growth through the EDC of existing companies and new businesses 2. Stay active in promoting tourism through the TDC Marketing arms, IRC and Sebastian Chamber of Commerce 3. Utility cost for hotels and all businesses 4. Protect and clean the Indian River Lagoon and our environment Thank You! Keith D. Kite The Kite Team Coldwell Banker Commercial Paradise 1950 US Highway 1 Vero Beach, FL 32960 keith@kitepropertiesllc.com (772) 633-0292 bii-A- 5 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: ADDRESS: l 11r) I", (� SUBJECT MATTER FOR DISCUSSION: IS A PRESENTATION PLANNED? IS BACK-UP BEING PROVIDED IS THIS AN APPEAL OF A DECISION PHONE: r r r4 060 v YES Ej NO YES NO YES NO WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? 1� ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? YES WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form E -Mail Fax Mail Hand Delivered Phone COUNTY ADMINISTRATI MEETING DATE: NO DocumenO Board Approved 11.7'06 618 µtVEI? ' Office of the z � INDIAN RIVER COUNTY ADMINISTRATOR Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E. Brown County Administrator DATE: August 9, 2016 SUBJECT: Department Head Appointment I would like to introduce the Board to Suzanne Boyll who has been named to the position of Human Resources Director. APPROV AGEND M BY: FOR: Au s 6`", 2016 r:, ' ' EIINE1®111•!WEA 619 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Director FROM: W. Keith McCully, P.E., Stormwater Engineer SUBJECT: Response to May 10, 2016 Commission Meeting Discussing Commissioner Zorc's Request to Consider Additional Sampling and Testing in Indian River Farms Water Control District Canals DATE: July 22, 2016 DESCRIPTION AND CONDITIONS The following summarizes Stormwater Division staff's response to a request by the County Commission during the May 10, 2016 Commission meeting, to gather information regarding a study of the Indian River Farms Water Control District (IRFWCD) 8th Street Canal between 90th Avenue and 74th Avenue. The purpose of the study is to investigate what appears to be excessive nutrient loading in that canal section and if present, to determine the source. The discussion was initiated by Commissioner Zorc. Commissioner Zorc's General Requests to Staff During the Discussion Period: • For the overall IRFWCD basin, determine the number of sample points needed to get a general idea of nutrient loads and locate possible nutrient "hot" spots west of the County's current sampling locations. • Recommend a sampling frequency for the above. • Estimate the cost for the above sample collection and analysis. • From these sample locations, recommend a frequency (such as once/quarter) to perform in-depth analysis of samples from higher intensity areas to determine if the source is animal, septic, fertilizer, etc. • Estimate a cost for the in-depth sample collection and analysis. • Four problem areas were identified by IRFWCD Superintendent David Gunter as being high maintenance areas. These are shown on Exhibit 1 and generally described below: o Problem Area #1: The C-1 Canal along 81h Street between 90th Avenue and 74th Avenue; o Problem Area #2: The A-3 Canal along 26th Street between 74th Avenue and 66th Avenue; o Problem Area #3: The J-5 Canal along 21St Street SW east of 20th Avenue together with the Lateral J Canal from the J-5 Canal north to 5th Street SW; and o Problem Area #4: The Lateral G Canal from 81St Street to the North Relief Canal. • For each of the four Problem Areas: o Recommend sample locations; o Recommend sample frequency; and o Estimate cost to collect and analyze samples. F:\Public Works\KeithM\Storrnwater Projects\IRFWCD 8th Street Canal Water Study\Agenda Items\Agenda - 8th Street Canal - 7-21-2016.doc 620 Page 2 Response to May 10, 2016 Commission Meeting Discussing Commissioner Zorc's Request to Consider Additional Sampling and Testing in Indian River Farms Water Control District Canals BCC Agenda Item for August 16, 2016 Specific Direction to Staff From County Commission (5-0 vote) • Examine in detail, each of the four Problem Areas one at a time. • The first problem area to be examined in detail is Problem Area #1 - the canal section along 8th Street identified by David Gunter. • Recommend sample locations. • Recommend sampling frequency. • Estimate cost for sample collection and analysis. • Recommend rain gauge locations. • Staff is to present these recommendations and estimates to the County Commission. Summary of Stormwater Division Staff Meeting With IRFWCD Superintendent David Gunter on July 15, 2016 Mr. Gunter strongly believes that nutrients from a wetland treatment system at the County's West Regional Wastewater Treatment Plant (WRWWTP) are seeping into the 8th Street canal. The leaching nutrients are producing large amounts of aquatic vegetation growth in the canal, resulting in high maintenance requirements for IRFWCD staff. He believes the deep settling pond is the largest contributor as its water level is approximately ten feet above the canal. He believes the deep settling pond's berms are porous and that this is evident by sulfur bacteria growing in the canal water opposite and downstream of the basin. He believes sulfides seeping through the canal bank are a byproduct of anaerobic activity occurring in the bottom sediment of the deep settling basin. Mr. Gunter said there is not much aquatic plant growth in the section of canal opposite the wetland cells due to high overgrowth of Brazilian pepper trees along the south canal bank that prevent sunlight from hitting the canal water. There is substantial aquatic plant growth in the canal east of the wetland treatment system. Mr. Gunter identified the 8th Street canal's drainage basin and this is shown on Figure 2. The D-4 Canal along 90th Avenue flows south into the Lateral D Canal at 4th Street. The D-4 Canal only drains into the 8th Street Canal under extreme storm events because the 8th Street Canal's culvert connection to the D-4 Canal is only a 24" diameter pipe whose invert is too high to allow normal water flow out of it. Therefore, sampling points are not needed in the D-4 Canal. The WRWWTP wetland discharges into the Lateral D Canal along 4th Street. Staff Recommendations The following summary and recommendations are for Problem Area #1: 8th Street Canal between 90th Avenue and 74th Avenue. To best identify the source of the nutrient loads, the Problem Area #1 analysis should be performed in three phases: • Phase 1 will gather basic nutrient information and will track nutrient loads entering various canal segments along 8th Street. The goal is to identify canal segments that receive unusually high nutrient loads. Pertinent existing information from IRC Utility Department will also be examined. FAPublic Works\KeithM\Stormwater Projects\IRFWCD 8th Street Canal Water Study\Agenda Items\Agenda - 8th Street Canal - 7-21-2016.doc 621 Page 3 Response to May 10, 2016 Commission Meeting Discussing Commissioner Zorc's Request to Consider Additional Sampling and Testing in Indian River Farms Water Control District Canals BCC Agenda Item for August 16, 2016 Phase 2 will focus on canal segments identified in Phase 1 that are receiving high nutrient loads. Its goal is to locate specific pipes, ditches, or seepage areas discharging nutrients into the 8th Street Canal. The same water quality parameters included in Phase 1 will be measured in Phase 2 to confirm the identified pipe, ditch, or seepage area is a high nutrient contributor. Phase 3 will involve complex water quality analysis focused on the individual discharges identified in Phase 2. Phase 3's goal is to identify the specific source of the nutrients. The water will be analyzed for parameters such as caffeine and sucralose to determine whether the source is human or animal. Additional analysis may include determination of individual isotope types and long -chain chemical compounds. Problem Area #1 Recommended Phase 1 Sample Locations Canal water samples will be taken and analyzed for total nitrogen and total phosphorus. Exhibit 2 shows recommended sample locations: Sample Point A: The 8th Street Canal east of 901h Avenue. Sample Point B: The 8th Street Canal just east of the entrance drive into the WRWWTP. Sample Point C: Just west of the intersection of the 8th Street Canal with 82nd Avenue. Sample Point D: Just west of the western property line of Ten Square Farms. Sample Point E: Just west of the intersection of the 8th Street Canal with 74th Avenue and west of the Lateral C Canal. Sample Point F: Just east of the intersection of the 81h Street Canal with the Lateral C Canal at 74th Avenue. Problem Area #1 Recommended Phase 1 Sampling Frequency Normal recommended sampling frequency is once per week for eight weeks at all sample locations. Additional samples will be taken at all sample locations during or shortly after up to five significant rainfall events within the eight week sampling period. Problem Area #1 Recommended Rain Gauge Locations Rain gauges will be installed in areas contributing stormwater runoff to the subject canal section and their locations are governed by the contributing drainage basin. Two rain gauge stations are proposed and their locations are shown on Exhibit 2. Problem Area #2, #3, and #4 Analysis When staff's analysis of Problem Area #1 is complete and the sampling methodology is reviewed and fine- tuned, staff will prepare recommendations and budget estimates for Problem Areas #2, #3, and #4 for the Commission's consideration. F:\Public Works\heithM\Slormwaler Projects\IRFWCD 8th Street Canal Water Study\Agenda IternMgenda - 8th Street Canal - 7-21-2016.doc 622 Page 4 Response to May 10, 2016 Commission Meeting Discussing Commissioner Zorc's Request to Consider Additional Sampling and Testing in Indian River Farms Water Control District Canals BCC Agenda Item for August 16, 2016 FUNDING Estimated Costs for Sample Collection and Analysis Problem Area #1 Estimated Cost for Phase 1 Sample Collection and Analysis Phase 1 samples should be collected and analyzed by PACE Environmental Laboratories (PACE) because this laboratory is currently analyzing IRFWCD Relief Canal water samples for Stormwater Division. This will result in a single source of analysis for all canal samples. Based on quotes from PACE, estimated sample collection and analysis costs are: Regular Sample Collection and Analysis: Sample Collection and Delivery Cost for 8 weeks = $2,560 Laboratory Analysis = $1,728 Subtotal 8 week period = $4,288 Additional sample collection, delivery, and analysis during or immediately after up to five significant rainfall events within the 8 week period: $2,680 Total = $6,968 Total Recommended Budget for Phase 1 Water Quality Analysis = $7,500. Problem Area #1 Estimated Costs for Phase 2 and 3 Sample Collection and Analysis Costs for Phases 2 and 3 can be determined more accurately after completion of Phase 1 when a clearer scope of work will materialize. Preliminary budget estimates are: Phase 2 = $6,000 Phase 3 = $15,000 Problem Area #1 Total Estimated Sample Collection and Analysis Costs (Phases 1, 2, and 3) _ $28,500 Stormwater Division has no existing funding available for the above; however, a budget amendment from the Transportation Fund/Reserve for Contingency can fund this expenditure. RECOMMENDATION If the County Commission approves funding and proceeding with recommended Phase 1 sampling of the 8th Street Canal, staff recommends that PACE Environmental Laboratories perform sample collection and analysis, and that the overall project budget be $28,500 with $7,500 allocated to Phase 1. After Phase 1 is complete, staff will reexamine the Phase 2 scope and estimated cost and if the new estimated cost is less than $6,000, staff will proceed with Phase 2. Likewise, Phase 3 analysis will proceed in a similar manner. If costs for either Phase 2 or Phase 3 are determined to exceed $6,000 or $15,000 respectively, staff will approach the Commission for direction. 623 C:\Users\lclark\Desktop\8-16-16\Stormwater agenda item - 8th Street Canal.doc Page 5 Response to May 10, 2016 Commission Meeting Discussing Commissioner Zorc's Request to Consider Additional Sampling and Testing in Indian River Farms Water Control District Canals BCC Agenda Item for August 16, 2016 ATTACHMENTS Exhibits 1 and 2 DISTRIBUTION Public Works Stormwater Division APPROVED AGENDA ITEM FOR: By: rA�CU41 Indian River County Approved. Date Administration Budget Legal-/ -' Purchasing Public Works Stormwater Division F \Public Works\KeithM\Stormwater Proiects\IRFWCD 8th Street Canal Water Study\Agenda Items\Agenda - 8th Street Canal - 7-21-2016.doc 624 EXHIBIT 1: FOUR PROBLEM AREAS IDENTIFIED BY DAVID GUNTER OF 4 IRFWCD Wlu .d �-b �SdeT apt 7/Yo 3/ .50U7/f PROBLEM AREA #4: LATERALGCANAL 5T CtE/r�gT+aQY YO op _ � ! 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Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager Apo Subject: Collier Creek Subdivision Phase 1 Petition Water Assessment Project UCP 4125, Request for Authorization for the Department of Utility Services to Amend the Original Assessment Boundary DESCRIPTIONS AND CONDITIONS: On April 5, 2016, under Regular Agenda Item 12-G1, the Indian River County Board of County Commissioners (BCC) unanimously executed Work Order No. 1 with Carter Associates, Inc. (CAI), for a lump sum amount of $25,540.00 for topographic surveying services as well as authorized staff to proceed with the design for the Collier Creek Subdivision located in Sebastian. The approved Phase I of Collier Creek subdivision water assessment service area has 112 residential lots and 72.3% of the property owners in favor of the project. At the end of the BCC meeting, many residents outside of the Phase I area expressed their willingness to be included as part of the assessment to be serviced by county water. ANALYSIS: Due to the many requests received from residents outside the Phase I boundary, staff decided for economies of scale to include the topographic surveying services for the remainder of the Collier Creek Subdivision. To that effect, staff solicited CAI to submit a proposal to include the remainder of the Collier Creek Subdivision. CAI has completed the topographic survey. In the meantime, staff has received signatures reflecting interest in county water at two separate locations within the subdivision. Below are the details of the two areas: Phase 1A: • The first area labeled Phase 1A is along Holden Avenue to the south, encompassing a total of 23 parcels. • 16 parcels submitted signatures of interest. • 1 parcel still requires the signature of the second owner to be considered valid. • Phase 1A alone has 65.22% in favor of the project. Phase 16: • The second area labeled Phase 1B is located along Holden Court east of S. Easy Street, encompassing a total of 6 parcels. • 5 parcels submitted signatures of interest. • 1 parcel still requires further validation at the time of writing the subject agenda. • Phase 1B alone has 66.67% in favor of the project. Therefore the two areas, Phase 1A and Phase 113 combined with the original area (Phase 1) has 70.92% of the residents in favor of the project. Page 1 of 2 627 FUNDING: Funds for this project are derived from the Assessment Fund. Assessment Fund revenues are generated from connection fees paid by the benefitting property owners. Due to the essence of time the additional topographic surveying was accomplished via a Purchase Order under the (Engineering/Survey) Continuing Professional Survey & Mapping Contract No. 1333, 2015-2016 for a lump sum amount of $13,370.00. RECOMMENDATION: Staff of the Department of Utility Services recommends that the BCC approve the following: 1. Amend the Original Assessment Area (Phase 1) to include Holden Avenue to the south specifically denoted as Phase 1A, encompassing an additional 23 lots. 2. Once staff has received and verified all necessary documentation then include the six (6) parcels along Holden Court in the Original Assessment at Resolution I- Providing Resolution at a later date. ATTACHMENT(s): 1. Attachment A- Overall Collier Creek Proposed Water Assessment Phase 1, 1A & 16 2. Attachment B- Collier Creek Proposed Water Assessment Phase 1A 3. Attachment C- Collier Creek Proposed Water Assessment Phase 113 APPROVED FOR AGENDA: By: Jason E. Brown, County Administrator t For: August 16, 2016 Date Indian River Co. Appy1d Date Administration Legal Budget Utilities ' Utilities Finance CMG g- q,AW Page 2 of 2 F:\Utilities\UTILITY - Engineering\Projects - Assessment Projects\OOOAssessments_2014_Proposed\CollierCreeksubdivisionPhase_7\Agend Items\Agenda_for_Amendment Area_08_01_2016.docx 628 COLLIER CREEK PROPOSED WATER ASSESSMENT PHASE I PHASE 1A M9 i,i PHASE 113 Kn 760 76200 764 Legend Attachment I ilT 1 F C3Project Boundary Phase 1 701 112 Total Parcels Phase 1 Yes - 72.32% SIGNED—PETITION YES -81 NO - 31 7281 730 732 734 736 Phase 1 738 738 741 -740- 742 743 742 748 760 76200 764 758 759 760 761 762 762 763 -7&4 764 .00V 766 766 766 d67 Vie@ Phase 1A 768 0 771 2 773 774 ifz ,k 4 776, 783 786 776", 778 780L 9-M 782 5 J842 712 714 716 720 Tog 0 711] 713 715 733 737 739 741 743 746 It 1- 747 U) 749 W 761'r 763 757 759 761 7 783 '7 766 7167if 805/ 807 806 804 ENGLAR DR &_g Project Boundary Phase 1A PhaselA 23 Total Parcels Yes - 65.22% SIGNED—PETITION =Yes -15 MNo-8 Project Boundary Phase 113 6 Total Parcels Phase I B Yes - 66.6c% SIGNED_PETITION YES -4 NO -2 Total Parcels - 141 100 -Yes 41 -No 70.92% in Favor Phase 1 iv rox ase 113 629 Legend Attachment I ilT 1 F C3Project Boundary Phase 1 701 112 Total Parcels Phase 1 Yes - 72.32% SIGNED—PETITION YES -81 NO - 31 758 759 760 761 762 762 763 -7&4 764 .00V 766 766 766 d67 Vie@ Phase 1A 768 0 771 2 773 774 ifz ,k 4 776, 783 786 776", 778 780L 9-M 782 5 J842 712 714 716 720 Tog 0 711] 713 715 733 737 739 741 743 746 It 1- 747 U) 749 W 761'r 763 757 759 761 7 783 '7 766 7167if 805/ 807 806 804 ENGLAR DR &_g Project Boundary Phase 1A PhaselA 23 Total Parcels Yes - 65.22% SIGNED—PETITION =Yes -15 MNo-8 Project Boundary Phase 113 6 Total Parcels Phase I B Yes - 66.6c% SIGNED_PETITION YES -4 NO -2 Total Parcels - 141 100 -Yes 41 -No 70.92% in Favor Phase 1 iv rox ase 113 629 (COLLIER CREEK PROPOSED WATER AbbtbbMtN PHASE lA Attachment 2 ---_ _ __ 23 Total Parcels I Legend 16 -Yes 8 -No 1A 66.22% - In Favor j :D -PETITION Yes -15 No -8 Project Boundary Phase 1A F- U) U) v7 Q W 07 630 COLLIER CREEK PROPOSED WATER ASSESSMENT PHASE 113 Attachment 3 U) Legend 4 -Yes U) Phase 1B 66.67% - In Favor SIGNED_PETITION U.J YES - 4 U) Attachment 3 6 Total Par els Legend 4 -Yes 2 -No Phase 1B 66.67% - In Favor SIGNED_PETITION YES - 4 NO -2 Project Boundary Phase 1B 797 w 631 Collier Creek Subdivision V, Watermain Assessment Projec Amendment to Original Area 4 PhaseIA— Addition ,/ % 01 Received valid petition ufy, 2016 for4lhase IA. 23 15 8 65.22% .e \ 'One signature submitte waking on' -2,d signature. Phase IB — Additioh ►Received valid petitdoh August, 2016 for Phase IB. 6 4 2 65.22% One signature submitt�d, waiting on 2"d signature. laG.1. (,31-A-1 COLLIER CREEK PROPOSED WATERASSESSMENT i PHASE 1 PHASE 1A \ b a \ Phase I — Original Petiti PHASE 1B r 10 -Initial Requestto evaluatethe feasibilityof County waterreceived March, 2 14. J m ro „ ►An Informational Meeting he in May, 2014. TOTAL-INCLUDESPha I,IA8iIB" --- I • • RIMt� • sqi, ' lo Received valid petition Febru ry, 2016 for Phase I. "CC approved to secure CAI a d start design April 141 100 - 41 70.92% / s v 5, 2016. "Waiting on two 2nd signatu�S—k „ >.:.. I d - ' 112 81 31 72.32% PhaseIA— Addition ,/ % 01 Received valid petition ufy, 2016 for4lhase IA. 23 15 8 65.22% .e \ 'One signature submitte waking on' -2,d signature. Phase IB — Additioh ►Received valid petitdoh August, 2016 for Phase IB. 6 4 2 65.22% One signature submitt�d, waiting on 2"d signature. laG.1. (,31-A-1 BCC RECOMMENDATIONS 1.Amend the Original Assessment Area (Phase 1) to include Holden Avenue to the south specifically denoted as Phase 1A, encompassing an additional 23 lots. 2.Once staff has received and verified all necessary documentation then include the six (6) parcels along Holden Court in the Original Assessment at Resolution I- Providing Resolution at a later date. At this time staff has verified and validated 4 out of the 5 signatures submitted. Therefore, recommends adding Phase 1B to the original assessment area. 631-A-2 INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: August 8, 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 Rp Subject: Fischer Lakes Island Subdivision Phase 1 through 6 and Replat of 7 Petition Water Assessment Project UCP 4118, Resolutions I (Preliminary Assessment Roll) and II (Public Hearing Date) BACKGROUND On August 18, 2015, under Consent Agenda Item 8-00, the Indian River County Board of County Commissioners (BCC) unanimously authorized staff to proceed with the design for the Fischer Lake Island Subdivision Phases 1 through 6 and Replat of 7 (FLI), located north of CR -512 at the north end of Water Vliet Avenue in Sebastian. Staff held an informal meeting on February 25, 2016 at 7:00 P.M., to inform the residents of the 80% design, outline the new cost and financing options. Now that the design is complete, staff would like the Board to consider the next phase of the assessment process. ANALYSIS The FLI Subdivision has 60 parcels plus a clubhouse tract benefitting from the water main. The parcels vary in size. The average parcel size is 0.865 of an acre. Excluding the clubhouse, signed petitions were received from 42 of the 60 residential parcels, or 70.0% of the property owners in favor of the project. The 60 parcels according to tax records are zoned as follows: • 19 Vacant lots • 41 Single Family Residential parcels • 1 Clubhouse tract Although the clubhouse could benefit from county water, the tract was excluded from the assessment roll in order to eliminate any ambiguity as to the validity of who has the right to vote on the tract. The cost of the single lateral and the meter box for the clubhouse has been divided amongst the 60 residential parcels. If the clubhouse is to be connected to county water, then a separate application for connection by the Fischer Lake Island Home Owners Association will be required. The subject assessment portion of the project will consist of installing approximately 9600 linear feet of 8 - inch and 6 -inch PVC water main, with eight (8) fire hydrants as well as water services to each parcel. The project will begin at an existing 8 -inch water main located within Water Vliet Avenue and Dryden Avenue. The total project cost is estimated at $486,424.20, which includes construction, surveying, engineering, administration and inspection. Therefore, an equal per parcel cost of $8,107.07 will be levied against all 60 benefitting parcels. Pending the outcome of today's BCC decision, staff will apply for permits to the Florida Department of Environmental Protection (FDEP). F:\Utilities\UTILITY - Engineering\Projects - Assessment 632 Projects\OOOAssessments_2014_Proposed\FlsherLake Isla ndWaterAssessment\Word Documents\Agenda Resolution_I_II Fish erlakelsland.docx A Providing Resolution (Resolution 1) is presented for adoption by the BCC. A separate resolution (Resolution II) is presented for adoption to hold a Public Hearing to discuss the advisability, project cost, and amount of the assessment for each property owner in the benefited area. Pending BCC approval, a Public Hearing is tentatively scheduled for Tuesday, October 4, 2016 at 9:05 A.M. in the Indian River County Commission Chambers. An assessment roll and assessment plat have been prepared and is on file with the Clerk to the Board of County Commissioners. FUNDING: Funds for this project are derived from the Assessment Fund. Assessment Fund revenues are generated from connection fees paid by the benefitting property owners. DESCRIPTION ACCOUNT NUMBER AMOUNT Fischer Lake Island Water Assessment 473-169000-15525 $ 486,424.20 RECOMMENDATION The staff of the Utilities Department recommends that the BCC consider the following recommendations: 1) Adopt the resolution providing for the installation of the water main within the Fischer Lake Subdivision Phases 1 through 6 and Replat of 7, subject to the terms outlined in the resolution. The Board of County Commissioners shall establish the applicable interest rate at the time the final assessment roll is approved. 2) Adopt a resolution setting the time and place of the Public Hearing – October 4, 2016, at 9:05 am. LIST OF ATTACHMENTS: 1. Providing Resolution (Resolution No. 1) 2. Setting Resolution for Public Hearing (Resolution No. II) 3. Cost Estimate 4. Assessment Roll and Assessment Area Map APPROVED FOR AGENDA: BY: (A— 4 f>111-- J so E. Brown Co Administrator FOR: August 16, 2016 Date Indian River Co. Approved Date Administration Legal WAL Budget Utilities Utilities -Finance F:\Utilities\UTILITY -Engineering\Projects -Assessment 633 Projects\OOOAssessments_2014_Proposed\FisherLakelslandWaterAssessment\Word0ocuments\Agenda Resolution -1-11 FisherLakelsland.docx Attachment 1 Providing (First Resolution) RESOLUTION NO. 2016- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR A WATER MAIN EXTENSION FROM 1501 EAGLES CIRCLE TO AND INCLUDING 1581 EAGLES CIRCLE AND 1532 ERICA'S WAY, WITHIN THE SUBDIVISION OF FISCHER LAKE ISLAND, PHASES ONE, TWO, THREE, FOUR, FIVE, SIX AND REPLAT OF A PORTION OF SEVEN, LOCATED WITHIN THE CITY OF SEBASTIAN, IN INDIAN RIVER COUNTY, FLORIDA; PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND DESCRIPTION OF THE AREA TO BE SERVED. WHEREAS, the Board of County Commissioners of Indian River County has determined that the improvements herein described are necessary to promote the public welfare of the county and has determined to defray the cost thereof by special assessments against certain specially benefited properties to be serviced by a water main extension from 1501 Eagles Circle to and including 1581 Eagles Circle and 1532 Erica's Way within the subdivision of Fischer Lake Island, Phases One, Two, Three, Four, Five, Six and Replat of a portion of Seven, located within the City of Sebastian, in Indian River County, Florida, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: The County does hereby determine that a water main shall be extended from 1501 Eagles Circle to and including 1581 Eagles Circle and 1532 Erica's Way, within the subdivision of Fischer Lake Island, Phases One, Two, Three, Four, Five, Six and Replat of a portion of Seven, located within the City of Sebastian, in Indian River County, Florida, to specially benefit 60 parcels located there ("Improvements"), and that the cost thereof shall be specially assessed in accordance with the provisions of Sections 206.01 through 206.09 of The Code of Indian River County. 2. As access to water provides an equal benefit to each property served, the assessment will be equal per parcel. The estimated cost for the Improvements is $486,424.20 or $8,107.07 per parcel to be paid by the properties specially benefited as shown on the assessment plat on file with the Department of Utility Services and the Clerk to the Board. Assessments are to be levied against all lots and lands adjoining and contiguous or bounding and abutting upon the Improvements or specially benefited thereby and further designated by the assessment plat with respect to the special assessments. 4. A special assessment in the amount of $8,107.07 per parcel may be assessed against each of the specially benefited properties designated on the assessment plat on file with the Clerk to the Board. This special assessment may be raised or lowered by action of the Board of County Commissioners serving as the equalizing board at the public hearing, as set forth in Section 206.07 of The Code of Indian River County. 634 Attachment 1 RESOLUTION NO. 2016- 5. The special assessments shall be due and payable and may be paid in full within 90 days after the date of the as -built resolution of the Board with respect to credits against the special assessments after completion of the Improvements (the "Credit Date") without interest. If not paid in full, the special assessments may be paid in ten equal yearly installments of principal plus interest. If not paid when due, there shall be added a penalty of 1-1/2% of the principal not paid when due. The unpaid balance of the special assessments shall bear interest until paid at a rate to be determined by the Board of County Commissioners when the Improvements are completed. 6. There is presently on file with the Department of Utility Services an assessment plat showing the area to be assessed, plans and specifications for the Improvements and an estimate of the cost of the proposed Improvements. All of these are open to inspection by the public at the Department of Utility Services. 7. A proposed preliminary assessment roll with respect to the special assessments is on file with the Clerk to the Board and Department of Utility Services. 8. Upon the adoption of this resolution, the Department of Utility Services shall cause this resolution (along with a map showing the areas to be served) to be published at least one time in the Indian River Press Journal before the public hearing as required by Section 206.04 of The Code of Indian River County. The resolution was moved for adoption by Commissioner and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman 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 16th day of August, 2016. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: M Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY DYLAN REINGOLD 2 COUNTY ATTORNEY Bob Solari, Chairman 635 Attachment 2 Time and Place (Second Resolution) RESOLUTION NO. 2016- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, SETTING A TIME AND PLACE AT WHICH THE OWNERS OF PROPERTIES FROM 1501 EAGLES CIRCLE TO AND INCLUDING 1581 EAGLES CIRCLE AND 1532 ERICA'S WAY, WITHIN THE SUBDIVISION OF FISCHER LAKE ISLAND, PHASES ONE, TWO, THREE, FOUR, FIVE, SIX AND REPLAT OF A PORTION OF SEVEN, LOCATED WITHIN THE CITY OF SEBASTIAN, IN INDIAN RIVER COUNTY, FLORIDA, AND OTHER INTERESTED PERSONS, MAY APPEAR BEFORE THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF CONSTRUCTING THE WATER MAIN EXTENSION, AS TO THE COST THEREOF, AS TO THE MANNER OF PAYMENT THEREFOR, AND AS TO THE AMOUNT THEREOF TO BE SPECIALLY ASSESSED AGAINST EACH PROPERTY BENEFITED THEREBY. WHEREAS, the Board of County Commissioners of Indian River County has, by Resolution No. 2016- , determined that it is necessary for the public welfare of the citizens of the County, and particularly as to those living, working, and owning property within the area described hereinafter, that a waterline be installed from 1501 Eagles Circle to and including 1581 Eagles Circle and 1532 Erica's Way within the subdivision of Fischer Lake Island, Phases One, Two, Three, Four, Five, Six and Replat of a portion of Seven, located within the City of Sebastian in Indian River County, Florida, to serve 60 parcels ("Improvements"); and WHEREAS, as access to water provides an equal benefit to each property served, the assessment will be equal per parcel; and WHEREAS, it has been determined that the cost to be specially assessed with respect thereto shall be $486,424.20 or $8,107.07 per parcel; and WHEREAS, the Board of County Commissioners has caused an assessment roll to be completed and filed with the Clerk to the Board; and WHEREAS, Section 206.06 of The Code of Indian River County provides that the Board of County Commissioners shall fix a time and place at which the owners of the specially benefited properties to be specially assessed or any other persons interested therein may appear before the Board of County Commissioners and be heard as to the propriety and advisability of constructing such water main extension, as to the cost 636 Attachment 2 RESOLUTION NO. 2016 - thereof, as to the manner of payment therefor, and as to the amount thereof to be assessed against each property benefited thereby, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The County Commission shall meet at the County Commission Chambers in the County Administration Building at the hour of 9:05 a.m., or as soon thereafter as the matter may be heard, on Tuesday, October 4, 2016, at which time the owners of the specially benefited properties to be specially assessed and any other interested persons may appear before said Commission and be heard in regard thereto. The area to be improved and the properties to be specially benefited are more particularly described upon the assessment plat and the assessment roll with regard to the special assessments. 2. All persons interested in the construction of said Improvements and the special assessments against the properties to be specially benefited may review the assessment plat showing the area to be assessed, the assessment roll, the plans and specifications for said Improvements, and an estimate of the cost thereof at the office of the Department of Utility Services and the Clerk to the Board any week day from 8:30 a.m. until 5:00 p.m., excluding holidays. 3. Notice of the time and place of this public hearing shall be given by two publications in the Indian River Press Journal Newspaper one week apart. The last publication shall be at least one week prior to the date of the hearing. 4. The Department of Utility Services shall give the owner of each property to be specially assessed at least ten days' notice in writing of such time and place, which shall be served by mailing a copy of such notice to each of such property owners at his last known address obtained from the records of the property appraiser. The resolution was moved for adoption by Commissioner the motion was seconded by Commissioner put to a vote, the vote was as follows: 2 , and , and, upon being 637 Attachment 2 RESOLUTION NO. 2016 - 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 16th day of August, 2016. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICI BY YLAN REINGOLD COUNTY ATTORNEY 3 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman 638 Attachment 3 Indian River County Department of Utilities Project: FISCHER LAKE ISLAND WATER ASSESSMENT PROJECT - NO DRIVEWAY BORES Indain River County Bid No. COST ESTIMATE PREPARED BY GORDON SPARKS Revised 7/29/16 Item No. Item Description Estimated Quantity Unit of Measure Unit Price Total Price 1 Mobilization (See Section 01025) 1 LS $25,000.00 25,000.00 2 Make Connection to Existing Main 1 EA. 2,000.00 2,000.00 3 Install 8" PVC Water Main 1,000 LF 25.00 25,000.00 4 Install 6" PVC Water Main 8,000 LF 20.00 160,000.00 5 Install 2" PE Water Main 110 LF 12.00 1,320.00 6 Install 6" HDPE Dir. Drill Water Main (6" HDPE) 200 LF 50.00 10,000.00 7 Install 8" HDPE Dir. Drill Water Main (8" HDPE) 250 LF 60.00 15,000.00 8 Install 4" GV&B 1 EA 1,000.00 1,000.00 9 Install 6" GV&B 12 EA 1,250.00 15,000.00 10 Install 8" GV&B 5 EA 1,825.00 9,125.00 11 Install Fire Hydrant Assembly w/ 6" GV&B 8 EA 4,000.00 32,000.00 12 Fittings 2 TONS 7,000.00 14,000.00 13 Single Short Service 2 EA 700.00 1,400.00 14 Single Long Service 16 EA 750.00 12,000.00 15 Double Long Service 21 EA 1,500.00 31,500.00 16 Install temp. Jumper 1 EA 2,000.00 2,000.00 17 Lawn/ROW Restoration (Topsoil & Bahia Sod) 9,150 SY 3.60 32,940.00 18 Install Sample Points 4 ea 500.00 2,000.00 19 Obtain Bact. Sample 8 EA. 125.00 1,000.00 20 Filling, flushing, pressure testing & chlorination 9,600 LF $1.50 $14,400.00 Sub -Total Water Facilities Construction Cost $406,685.00 10% Contingency $40,668.50 Public Construction Bond $12,200.70 Subtotal Construction Cost Estimate $459,554.20 Surveying, Engineering & Administration TOTAL PROJECT COST ESTIMATE $486,424 F:\Utilities\UTILITY - Engineering\Projects - Assessment 639 Projects\OOOAssessments_2014_Proposed\FisherLakelslandWaterAssessment\Presentations\COST ESTIMATE 2-15-16.xis FISCHER LAKE ISLAND ASSESSMENT PROJECT UCP 4118 — PRELIMINARY ASSESSMENT ROLL Attachment 4 . Parcel # 31381400008000200015.0 Assessment= $8,107.07 Owner MCCORMICK RICHARD HELENA Secondary Owner #1 Secondary Owner #2 Mailing Address 1567 EAGLES CIR SEBASTIAN FL32958 Legal FISCHER LAKE ISLAND PH I BLK/BLDG : BLK B LOT/UNIT : LOT 15 PBI/OR BK: PBI 15-55 Site Address 1567 EAGLES CIR �� Y� J - tf f ... g :. '� 7 ( '1 +� y.�+'{-A'k'r aY ��•T J `ei'"Y f 1 43 '•1F S. A (S� ��'r*- '}'Y` �:i;'i }p.�' Fi .! i. Parcel # Owner Secondary Owner #1 31381400008000200016.0 STEIN DAVID J & As $8,107.07 Secondary Owner #2 Mailing Address 1566 EAGLES CIR SEBASTIAN FL32958 Legal FISCHER LAKE ISLAND PH I BLK/BLDG : BLK B LOT/UNIT: LOT 16 PBI/OR BK: PBI 15-55 Site Address Y�2�r tir9 w.vS� Parcel # Owner 1566 EAGLES CIR +Y.y�M1frj-,,4 T �i M1'K ��#Hl"Cr:MON .di xr' s .4.�.. .Y..�;Yj .�{i�S..i >A� t y 't" fi I`M1{ 'V..'�y 3138140000 7. Assessment= $8,107.07 JONES Rp T A Secondary Owner #1 Secondary Owner #2 Mailing Ad 356 MOP RD _ACARKILD CT06374-2018 Legal FlWff R LAKE ISLAND PH K/BLDG : BLK B Alft LOT/UNIT : LOT 17 PBI/OR BK: PBI 15-55 Site A ress 1565 EAGLES CIR Taut I of :20 FAUtilities\UTILITY - Engineering\Projects - Assrssnieot Project:s\t100Assessments_201<t._Proposed\FisherLaketslandWr is c:rA,sessn:errt\Wordr.+rjcliment,\Pr�!linuinaryAssessmertRoll 07-27_2016.doc;t Friday, July 29, 2016 640 FISCHER LAKE ISLAND ASSESSMENT PROJECT UCP 4118 - PRELIMINARY ASSESSMENT ROLL s Attachment 4 Parcel # 31381400008000200018.0 Assessment= $8,107.07 Owner HARNEY KEVIN P ELLEN V Secondary Owner #1 Secondary Owner #2 Mailing Address 1564 EAGLES CIR SEBASTIAN FL32958-6470 Legal FISCHER LAKE ISLAND PH I BLK/BLDG : BLK B LOT/UNIT : LOT 18 PBI/OR BK: PBI 15-55 Site Address 1564 EAGLES CIR 31381400008000200019.0 SHAPIRO ILAN A As $8,107.07 73 Parcel # Owner Secondary Owner #1 Secondary Owner #2 Mailing Address 1563 EAGLES CIR Vol SEBASTIAN FL32958-6471 Legal FISCHER LAKE ISLAND PH I BLK/BLDG : BLK B LOT/UNIT : LOT 19 PBI/OR BK: PBI 15-55 1563 EAGLES CIR Site Address Parcel # y '��SS �„�`j{' Wain J+ E h _ x..``,2' 1 'r MINE—! 3138140000 0. FUNNELI A&TT TWTiELLE L (LE) Assessment= $8,107.07 Owner Secondary Owner #1 FUNNELL, MICHELLE L (COTRS) - Secondary Owner #2 ,FUNNELL, SCOTT R (COTRS) Mailing Add,Wg% 15674LAWS CIR BA N FL32958 Legal FI R LAKE ISLAND PH I K/BLDG : BLK B LOT/UNIT : LOT 20 PBI/OR BK: PBI 15-55 Site Aftress 1562 EAGLES CIR Pa =e 2 of 20 6 F:\Utilities\11T11_iTy -Engineering\Projr:ets -Assessment Projects\o00Assessments_, 01.,I_Proposed\Fishers.ahelslandWatef Assessment\Wordoocurnr:nts\PreliminaryAssessmentRoll_07-27_?016.docx Friday, July 29, 2016 641 FISCHER LAKE ISLAND ASSESSMENT PROJECT UCP 4118 — PRELIMINARY ASSESSMENT ROLL ' �v Attachment 4 Parcel # 31381400008000200021.0 Assessment= $8,107.07 Owner KUNST ERICH SUSAN L Secondary Owner #1 Secondary Owner #2 Mailing Address 90 ROYAL OAK CIR MERIDEN CT6450 Legal FISCHER LAKE ISLAND PH I BLK/BLDG : BLK B LOT/UNIT : LOT 21 PBI/OR BK: PBI 15-55 Site Address 1561 EAGLES CIR ,:-.:;ISL`?���,.,.. a. -.:.c ._a r,i. iinne�-c.. �^� „.d�".)_.. �,"��Y L•'s'iw. ,�£5n:tf �:.. fu.,.".. �"4+Yf.� ,?.�i.. �. i , k��: .'-fit rr@... Parcel # 31381400008000200022.0 As _ „R'� i1M1_ ..�:%A� ,'J ������v. $8,107.07 Owner JUDD ROBERT L EMILY M Secondary Owner #1 Secondary Owner #2 Mailing Address 1560 EAGLE CIR SEBASTIAN FL32958 Legal FISCHER LAKE ISLAND PH I BLK/BLDG : BLK B LOT/UNIT : LOT 22 PBI/OR BK: PBI 15-55 Site Address 'kki Parcel # Owner 1560 EAGLES CIR 3138140000 3. MCCABE J J lSi '. Assessment= $8,107.07 Secondary Owner #1 VERNON, GARY L Secondary Owner #2 N�NA Mailing AddleN. 155311LAGNE CIR BA N FL32958 Legal FI R LAKE ISLAND PH I K/BLDG : BLK B LOT/UNIT : LOT 23 PBI/OR BK: PBI 15-55 Site A rens 1559 EAGLES CIR Page 3 of 20 F:\Utilities\UTILITY - Engineering\Projects Assessment Projects\OOOAssessments-..2014_Propos?'d\Fished.akelslandWaterAssp_.ssment\iPaordi)ocur?;eats\PreliminaryAssessmentRoll_07 27_2016.docx Friday, July 29, 2016 642 FISCHER LAKE ISLAND ASSESSMENT PROJECT UCP 4118 — PRELIMINARY ASSESSMENT ROLL 4,� Attachment 4 Parcel It 31381400008000300004.0 Assessment= $8,107.07 Owner LEOPOLD WALLACE K (TR)(50%)(TOK)&* Secondary Owner #1 LEOPOLD, TONI LYONS LEWIS (TR)(50%) Secondary Owner #2 Mailing Address 1532 ERICA'S WAY SEBASTIAN FL32958 Legal FISCHER LAKE ISLAND PH I BLK/BLDG : BLK C LOT/UNIT : LOTS 4 & 5 PBI/OR BK: PBI 15-55 Site Address 1532 ERICA'S WAY �:. R��7i, � , .� l..10,10- �.!Ck4 Parcel # 31381400009000100017.0 Owner Confidential Secondary Owner #1 - ,�/ al.Y�Sxcd� As $8,107.07 Secondary Owner #2 Mailing Address Legal FISCHER LAKE ISLAND PHASE TW BLK/BLDG : BLK A LOT/UNIT : LOT 17 PBI/OR BK: PBI 15-73 Site Address Parcel # 3138140000 8. Owner HEMP CHAS Secondary IVOM XXX.Owner #1 AN61 lk 1W Is Assessment= $8,107.07 Secondary Owner #2 SN Mailing AddMs. 15111111LA.GNES CIR BA N FL32958 LegalAtft, 1W F1WR LAKE ISLAND PHASE TWO K/BLDG : BLK A LOT/UNIT : LOT 18 PBI/OR BK: PBI 15-73 Site A ess 1 1518 EAGLES CIR Page 4 of 2.0 F:\Utilities\U1'!tl"rY - Engineering\Projects - Assessment Projects\OOOAssessments_2014_Proposed\fisherlakels!andWatarAssessrnent\WordUOcutiients\Prelin inaryAssessmentP.oll_07_27_201.6,docx Friday, July 29, 2016 643 wi FISCHER LAKE ISLAND ASSESSMENT PROJECT UCP 4118 — PRELIMINARY ASSESSMENT ROLL �t; 1. „a Attachment 4 Page 5 of 20 F:\Utilities\U1'ILIT'Y - Engineering\Projects - Assessment Projects\000Assessments_20. 11_Proposed\Fishe rLakelsland U/aWfAssessmenl\Word' Dow ment.,\PreIiminaryAssessmentRoll 07_27 2016.docx Friday, July 29, 2016 644 Parcel # 31381400009000100019.0 Assessment= $8,107.07 Owner PETERSEN LAURA PHILIP R Secondary Owner #1 Secondary Owner #2 Mailing Address 1519 EAGLES CIR SEBASTIAN FL32958-6471 Legal FISCHER LAKE ISLAND PHASE TWO BLK/BLDG : BLK A LOT/UNIT : LOT 19 PBI/OR BK: PBI 15-73 Site Address 1519 EAGLES CIR M � (+,h� � .xi � �L pR;ii�..�+. ��h��a �;��� . Parcel # 31381400009000100020.0 ,b �,nr . r 1 � ��P• .Si �si5:. J T"bM As $81107.07 Owner Secondary Owner #1 WALSH PHYLLIS (LE) WALSH, PHYLLIS (TR) Secondary Owner #2 Mailing Address 1520 EAGLES CIR SEBASTIAN FL32958 Legal FISCHER LAKE ISLAND PHASE TW BLK/BLDG : BLK A LOT/UNIT : LOT 20 PBI/OR BK: PBI 15-73 Site Address Parcel # Owner 1520 EAGLES CIR 012112,1181V 1 111111 , MCI "Nim,f 3138140000 1. FERGUSO )(TOK) LINDA LEE (TRS)(T M. Assessment= $8,107.07 Secondary Owner #1 Secondary Owner #2 Mailing A ress vV21ALES CIR SOWTIAN FL32958 LegaV& HER LAKE ISLAND PHASE TWO BLK/BLDG : BLK A LOT/UNIT : LOT 21 PBI/OR BK: PBI 15-73 Site Address 1521 EAGLES CIR Page 5 of 20 F:\Utilities\U1'ILIT'Y - Engineering\Projects - Assessment Projects\000Assessments_20. 11_Proposed\Fishe rLakelsland U/aWfAssessmenl\Word' Dow ment.,\PreIiminaryAssessmentRoll 07_27 2016.docx Friday, July 29, 2016 644 FISCHER LAKE ISLAND ASSESSMENT PROJECT UCP 4118 — PRELIMINARY ASSESSMENT ROLL 4; `R Attachment 4 Parcel # 31381400009000100022.0 Assessment= $8,107.07 Owner EMERSON EDWARD (TR)(TOK)* KAREN (TR)(TOK) Secondary Owner #1 Secondary Owner #2 Mailing Address 1522 EAGLES CIR SEBASTIAN FL32958 Legal FISCHER LAKE ISLAND PHASE TWO BLK/BLDG : BLK A Ak X110 LOT/UNIT : LOT 22 xxxo- PBI/OR BK: PBI 15-73 AP Site Address Parcel # Owner 1522 EAGLES CIR 31381400009000100023.0 ss CHRISTENSEN DAVID H RACHEL A $8,107.07 Secondary Owner #1 Secondary Owner #2 Mailing Address 1126 SHORE ACRES DR ALBERT LEA MN56007 Legal FISCHER LAKE ISLAND PHASE BLK/BLDG : BLK A LOT/UNIT : LOT 23 PBI/OR BK: PBI 15-73 Site Address Parcel # Owner 1523 EAGLESfiUL 313814 0 0 02 .0 Assessment= ADKINS %ftL1CV1R SUSAN MYRA & $8,107.07 Secondary Owner #1 Secondary Owner #2 ADKINS, JOSHUA CODY V ADKINS, MEGAN ROSE Mailing A AGLES CIR ASTIAN FL32958 L I ISCHER LAKE ISLAND PHASE TWO BLK/BLDG : BLK A LOT/UNIT : LOT 24 PBI/OR BK: PBI 15-73 Site Address 1524 EAGLES CIR Page 6 of 20 F:\LrUlities\UTILITY - Engineering\Projects - Assessment Projects\000Assessments_2014_Proposed\FlsherLakeIsland Watera.ssessn ont\WordDocumen ts\PreliminarvAssessmentRoO_07 27 2016.docz Friday, July 29, 20!6 645 FISCHER LAKE ISLAND ASSESSMENT PROJECT UCP 4118 - PRELIMINARY ASSESSMENT ROLL �. aAttachment 4 Parcel # 31381400009000100025.0 Assessment= $8,107.07 Owner VIZCARRA CARLOS A GENOVEVA Secondary Owner #1 Secondary Owner #2 Mailing Address 1525 EAGLES CIR SEBASTIAN FL32958 Legal FISCHER LAKE ISLAND PHASE TWO AJIF BLK/BLDG : BLK A LOT/UNIT : LOT 25 —AIL Site Address .. h'�:0.? - j: � Parcel # Owner Secondary Owner #1 PBI/OR BK: PBI 15-73 1525 EAGLES CIR v .... 'E.N Y �a '�,�.yyP � ^An'��t, �: V� -� la^ yW 31381400009000100026.0 SELLIMAN VICTOR GEORGE `� 3it5 v � 'Y:: e' t t. f %}Y ;'F � . '.�.'• «. ,x ss - $8,107.07 Secondary Owner #2 Mailing Address 1526 EAGLES CIR Vo SEBASTIAN FL32958 Legal FISCHER LAKE ISLAND PHASE BLK/BLDG : BLK A LOT/UNIT: LOT 26 PBI/OR BK: PBI 15-7 Site Address Parcel # 1526 EAGLE 313814ft0'%Q01W03 .0 Assessment= $8,107.07 Owner BIRO JO%X*Iklft Secondary Owner #1 Secondary Owner It 10 \ S&7AGLES Mailing CIR ASTIAN FL32958 L ISCHER LAKE ISLAND PHASE TWO BLK/BLDG : BLK B LOT/UNIT : LOT 31 PBI/OR BK: PBI 15-73 Site Address 1551 EAGLES CIR Page 7 Of 20 F:\Utilities\UTILITY - Engineering\Projects - Assessment Projects\OOOAs§essme.nts_201=1_Proposed\FisherLakeislandWaterAssessrnent\Wor'dDocurnents\PreliminaryAssessmentitoll_07_27 2016.docr. Friday, July 29,.2016 646 FISCHER LAKE ISLAND ASSESSMENT PROJECT UCP 4118 — PRELIMINARY ASSESSMENT ROLL 1 Attachment 4 Page 8 of 2.0 F:\Utilities\UTILITY - Engineerinp\Projects - Assessment Projects\OOOAssessments_2014_Proposed\FisirerLakelslandWaterAssessrnr,.nt\WordDocuments\P-e.lirninaryAssessmentRoli_07 27_.2016.docx Friday, iuly 29, 2016 647 Parcel # 31381400009000200032.0 Assessment= $8,107.07 Owner KING JOSEPH AMANDA Secondary Owner #1 Secondary Owner #2 Mailing Address 1550 EAGLES CIR SEBASTIAN FL32958 Legal FISCHER LAKE ISLAND PHASE TWO BLK/BLDG : BLK B LOT/UNIT : LOT 32 Site Address 4.1::$ +� �. , li� JG � Parcel # PBI/OR BK: PBI 15-73 1550 EAGLES CIR APk "'A •. I, - ,w � ��%J� r�. � �.�-0`�;,.Yy'P "yry��� 4Yi� .Y ,.+L'..Y �����J+ "'R � �jK i... �t "ilii $� �..rM�;Y�lfa �'1'7 31381400010000100012.0 ss $8,107.07 Owner Secondary Owner #1 Secondary Owner #2 WASILUS SUSAN G WASILUS, SUSAN G & WILLIAM F (TR)(1/2) AP Mailing Address 199 OLD FORGE HOLLOW RD BANTAN CT6750 It Legal FISCHER LAKE ISLAND PHASE T UB BLK/BLDG : BLK A LOT/UNIT : LOT 12 PBI/OR BK: PBI 16-7 Site Address 1512 EAGLE '�rg, t+ds �p�ffiME . ''OWN= .a 'b� s ikr �. -� i't4 #. ,1 Parcel # 313814 1 0 01 .0 Assessment= $8,107.07 Owner JOHNSO Secondary Owner #1 Secondary Owner #2 Mailing A W 84TH AVE AWN UDERHILL FL33351 L ISCHER LAKE ISLAND PHASE THREE SUB BLK/BLDG : BLK A LOT/UNIT : LOT 13 PBI/OR BK: PBI 16-70 Site Address 1513 EAGLES CIR Page 8 of 2.0 F:\Utilities\UTILITY - Engineerinp\Projects - Assessment Projects\OOOAssessments_2014_Proposed\FisirerLakelslandWaterAssessrnr,.nt\WordDocuments\P-e.lirninaryAssessmentRoli_07 27_.2016.docx Friday, iuly 29, 2016 647 FISCHER LAKE ISLAND ASSESSMENT PROJECT UCP 4118 — PRELIMINARY ASSESSMENT ROLL + Attachment 4 Parcel # 31381400010000100014.0 Assessment= $8,107.07 Owner MAITNER JOHN A SUSAN L Secondary Owner #1 Secondary Owner #2 Mailing Address 1514 EAGLES CIR SEBASTIAN FL32958 Legal FISCHER LAKE ISLAND PHASE THREE SUB Af BLK/BLDG : BLK A LOT/UNIT : LOT 14 PBI/OR BK: PBI 16-70 Xx 1W Site Address tJ 1514 EAGLES CIR Y,t ,Si 1 •P F'ty /Y^4'YT^) ,73M1 1nY A :� 31381400010000100015.0 MAITNER JOHN A SUSAN L V46-"WLx '14W M .K y „� \ 'f'V uF y7%f L5 ii'^ tin � .� ss $8,107.07 Parcel # Owner Secondary Owner #1 Secondary Owner #2 Mailing Address 1514 EAGLES CIR SEBASTIAN FL32958 Legal FISCHER LAKE ISLAND PHASE UB BLK/BLDG : BLK A 40% 7N6 LOT/UNIT : LOT 15 PBI/OR BK: PBI 16-7 Site Address 1515 EAGLE 313814 1 0 01 .0 Assessment= $8,107.07 Parcel # Owner DURAN YN M M DIANNE Secondary Owner #1 Secondary Owner #2 MailingA AGLES CIR ASTIAN FL32958 ISCHER LAKE ISLAND PHASE THREE SUB BLK/BLDG : BLK A LOT/UNIT : LOT 16 PBI/OR BK: PBI 16-70 Site Address 1516 EAGLES CIR Page 9 of 20 F:\Utilities\UTILrry - Engineering\Projects - Assessment Projects\OOOAssessments._2-014_Pro posed\Fisherl-akel sl arid WaterAssessment\Word0ocuments\PreliminaryMsessmentRoll _07_27_2016.clocx Friday, July 29, 2016 648 FISCHER LAKE ISLAND ASSESSMENT PROJECT UCP 4118 - PRELIMINARY ASSESSMENT ROLL .4T�.'.. Attachment 4 Parcel # 31381400010000200011.0 Assessment= $8,107.07 Owner PALMER JOHN D & Secondary Owner #1 JOHNSTON, SARA Secondary Owner #2 Mailing Address 1571 EAGLESCIR SEBASTIAN FL32958 Legal FISCHER LAKE ISLAND PHASE THREE SUB BLK/BLDG : BLK B LOT/UNIT : LOT 11 PBI/OR BK: PBI 16-70 Site Address 1571 EAGLES CIR Parcel # 31381400010000200012.0 ss - Owner VENAZIO MICHAEL * BARBARA $8,107.07 Secondary Owner #1 Secondary Owner #2 Mailing Address 1570 EAGLE CIR SEBASTIAN FL32958 Legal FISCHER LAKE ISLAND PHASE UB BLK/BLDG : BLK B LOT/UNIT : LOTS 12 & 13 PBI/OR BK: PBI 16-7 Site Address Parcel # 1570 EAGLE 313814 1 0 01 .0 Assessment= $8,107.07 Owner HILL RO E R NW Secondary Owner #1 Secondary Owner #2 MailingA AGLES CIR BASTIAN FL32958 ISCHER LAKE ISLAND PHASE THREE SUB BLK/BLDG : BLK B LOT/UNIT : LOT 14 PBI/OR BK: PBI 16-70 Site Address 1568 EAGLES CIR Page 10 of 20 F:\Utilities\UTILITY - Engineering\Projects -Assessment Projects\OOOAssessments_"1014._Proposed\FisherLakelslandWaterAssessment\WordDocume.nts\Prt.lirninaryAssessmentRoll_07 2.7_2016.docx Friday, July 29, 2016 649 FISCHER LAKE ISLAND ASSESSMENT PROJECT UCP 4118 - PRELIMINARY ASSESSMENT ROLL i Attachment 4 Parcel # 31381400011000100009.0 Assessment= $8,107.07 Owner GOODRICH C JOSEPH CYNTHIA S Secondary Owner #1 Secondary Owner #2 Mailing Address 1509 EAGLES CIR SEBASTIAN FL32958 Legal FISCHER LAKE ISLAND PHASE FOUR SUB AOF BLK/BLDG : BLK A LOT/UNIT : LOT 9 PBI/OR BK: PBI 17-12 Site Address 1509 EAGLES CIR Parcel # 31381400011000100010.0 9.1 . .� .. ss -OF $8,107.07 Owner Secondary Owner #1 LINN CAROLE R & SHELDON, SUSAN E Secondary Owner #2 Mailing Address 1510 EAGLES CIR SEBASTIAN FL32958 Legal FISCHER LAKE ISLAND PHASE ftWftUB BLK/BLDG : BLK A LOT/UNIT : LOT 10 PBI/OR BK: PBI 17-1 Site Address 1510 EAGLE Parcel # Owner Secondary Owner #1 7 NMI ry ; .e; MdJ,* EMIR 313814 1 01 .0 CAMPOL T HERYL L v �Tiy,��,: Assessment- $8,107.07 Secondary Owner #2 Mailing A W 15TH ST MBROKE PINES FL33028 L I ISCHER LAKE• ISLAND PHASE FOUR SUB BLK/BLDG : BLK A LOT/UNIT : LOT 11 PBI/OR BK: PBI 17-12 Site Address 1511 EAGLES CIR Page 11 of 20 F:\Utilities\UTILITY - Engineering\Projects - Assessment Projects\000Assessments..-2.01=(_Proposed\Fisherl-akelsland WaterAssessment\WordDocuments\PreliminaryAssessmentRoll _07_27_2016.docx Friday, July 29, 2016 650 FISCHER LAKE ISLAND ASSESSMENT PROJECT UCP 4118 — PRELIMINARY ASSESSMENT ROLL Attachment 4 Parcel # 31381400011000200024.0 Assessment= $8,107.07 Owner EMBORSKY DENNIS M KATHERINE A Secondary Owner #1 Secondary Owner #2 Mailing Address 1558 EAGLES CIR SEBASTIAN FL32958 Legal FISCHER LAKE ISLAND PHASE FOUR SUB BLK/BLDG : BLK B LOT/UNIT : LOT 24 PBI/OR BK: PBI 17-12 Site Address 1558 EAGLES CIR y frw T•' T } � . �� 1y' y.� ,}xyZS'�'i �.�c �1'- 3 °"f `�*k J +( y � a y 8 y Parcel # w 31381400011000200025.0 AP _ W., ss $8,107.07 Owner Secondary Owner #1 ANTONELLI PETER J & MALICKI, CAROL F Secondary Owner #2 Mailing Address 28 JENNIFERS WAY ROCKY HILL CT6067 vr 14W Legal FISCHER LAKE ISLAND PHASE UB BLK/BLDG : BLK B LOT/UNIT : LOT 25 PBI/OR BK: PBI 17-121&%h5,, Site Address 1557 EAGLES Parcel # 313814 1 0 2 .0 Assessment= $8,107.07 Owner MISLICK R Secondary Owner #1 Secondary Owner #2 MailingA AGLES CIR BASTIAN FL32958 I - I ISCHER LAKE ISLAND PHASE FOUR SUB BLK/BLDG : BLK B LOT/UNIT : LOT 26 PBI/OR BK: PBI 17-12 Site Address 1556 EAGLES CIR Page 12 of 20 F:\Utilities\UTILITY - Fngineering\Projects- Assessrnent Projects\OOOAssessments_2014_Proposed\FlshertakelslarldWaterAssessment\.WordDocurnents\PreliminaryAssessmentRoll 07 27 2016.docx Friday, July 29, 2016 651 FISCHER LAKE ISLAND ASSESSMENT PROJECT UCP 4118 - PRELIMINARY ASSESSMENT ROLL Attachment 4 Parcel # 31381400011000200027.0 Assessment= $8,107.07 Owner MISLICK GARY W GEORGIA F Secondary Owner #1 Secondary Owner #2 Mailing Address 1555 EAGLES CIR SEBASTIAN FL32958 Legal FISCHER LAKE ISLAND PHASE FOUR SUB BLK/BLDG : BLK B Ak LOT/UNIT : LOT 27 PBI/OR BK: PBI 17-12 Site Address 1555 EAGLES CIR rLt1'SI+, :'4 �',r +� M`u r7' 1 Q "r r , 1 t',L'v'r� .'_"ar Parcel # 31381400011000200028.0 Owner MISLICK GEORGIA F (TR) Ass -Of $8,107.07 Secondary Owner #1 Secondary Owner #2 Mailing Address 1555 EAGLES CIRCLE SEBASTIAN FL32958 Legal FISCHER LAKE ISLAND PHASE ftWftQB BLK/BLDG : BLK B LOT/UNIT : LOT 28 PBI/OR BK: PBI 17-12 Site Address 1554 EAGLE 5:'$S.µ r iia.ar Parcel # 313814 1 0270 Assessment= $8,107.07 Owner MCCOR I J * HELENA B Secondary Owner #1 Secondary Ilk Owner #2 LAVECCHIA, MARILYN M Mailing A AGLE CIRCLE ASTIAN FL32958 L I ISCHER LAKE ISLAND PHASE FOUR SUB BLK/BLDG : BLK B LOT/UNIT : LOT 29 PBI/OR BK: PBI 17-12 Site Address 1553 EAGLES CIR Page 13 of 24 F:\Utilities\UTILITY - Engineering\Projects - Assessment Projects\OOOAssessments_2014_Proposed\FisherLakeIslarid WaterAssessment\WordDocumen ts\PreIiminaryAssessmentRol 1_07_2 72016.docx Friday, July 29, 2016 652 FISCHER LAKE ISLAND ASSESSMENT PROJECT UCP 4118 - PRELIMINARY ASSESSMENT ROLL Attachment 4 Parcel It 31381400011000200030.0 Assessment= $8,107.07 Owner CONNOLLY BRUCE B GLENDA R Secondary Owner #1 Secondary Owner #2 Mailing Address 2225 NE 18TH AVE WILTON MANORS FL33305 Legal FISCHER LAKE ISLAND PHASE FOUR SUB BLK/BLDG : BLK B LOT/UNIT: LOT 30 PBI/OR BK: 13131 17-12 Site Address 1552 EAGLES CIR 54c P Gln 't ^ MW r'+.,`h ts.�-/ Y ` ,f . . � h. •' Y�� '�..frr�..G Parcel # 31381400012000100005.0ss -IF Owner CAPP MICHAEL P * ELIZABETH A & . „n . $8,107.07 Secondary Owner #1 ARNOLD, LEO & EILEEN L Secondary Owner #2 Mailing Address 9610 RIVERVIEW DR SEBASTIAN FL32976 Legal FISCHER LAKE ISLAND PHASE B BLK/BLDG : BLK A LOT/UNIT : LOT 5 PBI/OR BK: PBI 17-3 Site Address 1505 EAGLE ~ Parcel # 313814ftiNW0NQ00 .0 Assessment= $8,107.07 Owner FISCHER DEW * JUDY H Secondary Owner #1 *%7Lk%& Secondary Owner #2 Mailing A AGLES CIR ASTIAN FL32958 ISCHER LAKE ISLAND PHASE FIVE SUB BLK/BLDG : BLK A LOT/UNIT : LOT 6 PBI/OR BK: PBI 17-37 Site Address 1506 EAGLES CIR Page 14 of 20 F:\Utilities\UTILITY Engineering\Projects - Assessment Projects\OOOAssessments_2014_ Proposed\FisherLakeisiandWaterAssessment\Wor'clDocuments\PrelimineryAssessmentRoll_07_ 27 2016.docx Friday, July 29, 2016 653 FISCHER LAKE ISLAND ASSESSMENT PROJECT UCP 4118 — PRELIMINARY ASSESSMENT ROLL jf l Attachment 4 Parcel # 31381400012000100007.0 Assessment= $8,107.07 Owner GETZ MICHAEL T * MELINDA I Secondary Owner #1 Secondary Owner #2 Mailing Address 1507 EAGLES CIR SEBASTIAN FL32958 Legal FISCHER LAKE ISLAND PHASE FIVE SUB BLK/BLDG : BLK A LOT/UNIT: LOT 7 PBI/OR BK: PBI 17-37 Site Address 1507 EAGLES CIR y,.: .. , • c.� � d. � ,�r�?:�::Se:li �,:ya ���. , 'N... Parcel # 31381400012000100008.0 Owner RODRIGUEZ DAVID CLAUDIA 5 {Y...''a�d1CP��'s�i-•..... 'rb .. � �' ,}C1nT� t .. " � •G4G ss Of $8,107.07 Secondary Owner #1 Secondary Owner #2 Mailing Address 1508 EAGLES CIRCLE SEBASTIAN FL32958 Legal FISCHER LAKE ISLAND PHASE B BLK/BLDG : BLK A LOT/UNIT : LOT 8 PBI/OR BK: PBI 17-3 Site Address 1508 EAGLE Parcel # 313814 1 0 0 .0 Assessment= $8,107.07 Owner LIU JIANM N6 Secondary Owner #1 Secondary Owner #2 MailingA ARMONT ST ASTIAN FL32958 ISCHER LAKE ISLAND PHASE FIVE SUB BLK/BLDG : BLK B LOT/UNIT : LOT 4 PBI/OR BK: PBI 17-37 Site Address 1578 EAGLES CIR Page 15 of 20 F:\Utilities\UTILITY - Engineering\Projects _ Assessment Projects\OOOAssessments__2014_Proposed\Fished.akelsiandWaterAssessment\Word0ocuments\PreliminaryAssessmentRoll_07_27 2016.docx Friday, July 29, 2016 654 FISCHER LAKE ISLAND ASSESSMENT PROJECT UCP 4118 — PRELIMINARY ASSESSMENT ROLL Attachment 4 Parcel # 31381400012000200005.0 Assessment= $8,107.07 Owner TONIOLI ANTHONY LORY Secondary Owner #1 Secondary Owner #2 Mailing Address 1577 EAGLES CIR SEBASTIAN FL32958 Legal FISCHER LAKE ISLAND PHASE FIVE SUB BLK/BLDG : BLK B LOT/UNIT : LOT 5 :W X # PBI/OR BK: PBI 17-37 1577 EAGLES CIR k�i d � ,1�,1� yj � � S ,¢ �M x Y"1 t� I1�k% ..5 F Ni3',f ,ii'�5.. Z >•...SC'TR�ay..,� 3138140w�0012000200006.0 xx AW A Yn � ,Yy rr�� 'y.Y'l 39 5 <x�ar'._ t LA, 3"i .... 'r VS'Y,., i'.,kr7 4.:'n lwi~si...•. ss 9 $8,107.07 Site Address ' -,✓ i t % 4i�:ufx Parcel # Owner QUOKA KAREN L (TR)(50%)(TOK) & Secondary Owner #1 QUOKA, JOHN (TR)(50%)(TOK) Secondary Owner #2 Mailing Address 1576 EAGLES CIRCLE SEBASTIAN FL32958 Legal FISCHER LAKE ISLAND PHASE N6&B BLK/BLDG : BLK B LOT/UNIT : LOT 6 PBI/OR BK: PBI 17-3 AL Site Address 1576 EAGLES Parcel # 313814 1 0070 Assessment= $8,107.07 Owner SERAFIN N ( ) Secondary Owner #1 Secondary Owner #2 N'* Mailing A AGLES CIR ASTIAN FL32958-6471 LIP ISCHER LAKE ISLAND PHASE FIVE SUB BLK/BLDG : BLK B LOT/UNIT : LOT 7 PBI/OR BK: PBI 17-37 Site Address 1575 EAGLES CIR Page 16 of 20 F:\Utilities\UTILITY - Engineering\Projects - Assessment Projectg\000Assessrnents_2014_Proposed\FisherlakelsiandWaterA sessrnent\WordDocurnents\PraliminaryAssessmenfRoll_07_27 20:16.docx Friday, July 29,.2016 655 FISCHER LAKE ISLAND ASSESSMENT PROJECT UCP 4118 - PRELIMINARY ASSESSMENT ROLL Attachment 4 Page 17 of 20 F:\Utilities\UTILITY - Engineering\Projects -Assessment Projects\000:;ssessments_2014_Proposed\Fisherlakel stand.waterASseSsment\word Doc Liments\PreliminaryAssessmentRoll_07_27_201.6.docx Friday, July 29_2016 656 Parcel # 31381400012000200008.0 Assessment= $8,107.07 Owner SHEIL MARY P (TRS) Secondary Owner #1 Secondary Owner #2 Mailing Address 3087 MILLEDGE GATE CT SE MARIETTA GA30067 Legal FISCHER LAKE ISLAND PHASE FIVE SUB AfF BLK/BLDG : BLK B LOT/UNIT : LOT 8 PBI/OR BK: PBI 17-37Xx Site Address Parcel # 1574 EAGLES CIR 11;0 Fg E.1;u.l.fa! 31381400012000200009.0 y ' "';�rv. f 'F2� .; "+, *t w 'G'�.b S5 r'•4i. _ .- ?fa`. £SS.� ki i, ss - $8,107.07 Owner RILEY.ROBERT E & Secondary Owner #1 Secondary Owner #2 WHITMORE, SHIRLEY J 16 Mailing Address 1573 EAGLE CIR SEBASTIAN FL32958 Legal FISCHER LAKE -ISLAND PHASE B BLK/BLDG : BLK B LOT/UNIT : LOT 9 PBI/OR BK: PBI 17-3 Site Address Parcel # 1573 EAGLE 313814 1 0 01 .0 Assessment= $8,107.07 Owner FORTE N I Secondary Owner #1 Secondary Owner #2 Mailing A AGLES CIR ASTIAN FL32958 L I ISCHER LAKE ISLAND PHASE FIVE SUB BLK/BLDG : BLK B LOT/UNIT : LOT 10 PBI/OR BK: PBI 17-37 Site Address 1 1572 EAGLES CIR Page 17 of 20 F:\Utilities\UTILITY - Engineering\Projects -Assessment Projects\000:;ssessments_2014_Proposed\Fisherlakel stand.waterASseSsment\word Doc Liments\PreliminaryAssessmentRoll_07_27_201.6.docx Friday, July 29_2016 656 FISCHER LAKE ISLAND ASSESSMENT PROJECT UCP 4118 - PRELIMINARY ASSESSMENT ROLL ;. Attachment 4 Parcel # 31381400013000100001.0 Assessment= $8,107.07 Owner FAIRHOMES MOWAT PROPERTIES LLC Secondary Owner #1 Secondary Owner #2 Mailing Address 139 MAIN ST UNIT #203 UNIONVILLE ON CANADA L3R2G6 Legal FISCHER LAKE ISLAND SUB PH 6 BLK/BLDG : BLK A LOT/UNIT : LOT 1 PBI/OR BK: PBI 18-12 Site Address 1501 EAGLE CIR }IRV 10,17hili Parcel # 31381400013000100002.0 ss - $8,107.07 Owner FAIRHOMES MOWAT PROPERTIES LLC Secondary Owner #1 Secondary Owner #2 Mailing Address 139 MAIN ST UNIT #203 UNIONVILLE ON CANADA L3R2G6 Legal FISCHER LAKE ISLAND SUB PH BLK/BLDG : BLK A LOT/UNIT : LOT 2 PBI/OR BK: PBI 18-121 Site Address 1502 EAGLE , Parcel # 313814 1 00 .0 N � s. ;�° �r.x-kadd EL&W Assessment= $8,107.07 Owner Secondary Owner #1 FORMA Secondary Owner #2 Mailing p j§ALEY GARDENS W13 SILT LAAi SCHER LAKE ISLAND SUB PH 6 BLK/BLDG : BLK A LOT/UNIT : LOT 3 PBI/OR BK: PBI 18-12 Site Address 1503 EAGLE CIR Page 18 of 20 F:\Utilities\UTILITY - Engineering\Projects• Assessment Projects\OOOAssessments__.2014_Proposed\Fishr.rlakeislandWaterAsse.ssnient\WordDOCUments\PreliminiiryAssessmentRoll_07 27_2016.docx Friday, July 29, 2016 '657 FISCHER LAKE ISLAND ASSESSMENT PROJECT UCP 4118 - PRELIMINARY ASSESSMENT ROLL. j Attachment 4 Parcel # 31381400013000100004.0 Assessment= $8,107.07 Owner CANNON RACHEL 1 Secondary Owner #1 Secondary Owner #2 Mailing Address 1504 EAGLES CIR SEBASTIAN FL32958 Legal FISCHER LAKE ISLAND SUB PH 6 aw BLK/BLDG : BLK A LOT/UNIT: LOT 4 xxxo PBI/OR BK: PBI 18-12 AOL Site Address 1504 EAGLE CIR Y .y� i3k J3 id ,x��'q� „ •','yy iy, ya` S.u'+C.., - ,*fy. r J k.'l h. .`5` IWi"?v� #;�1.v� ..c�1.�i•.�.t�,-2,n�^", ' ,r"�s,+s,. :y+,* •�` ..s §+..:F.��„ Parcel # 31381400013000200001.0 ss - 4 AW $8,107.07 Owner FAIRHOMES MOWAT PROPERTIES LLC Secondary Owner #1 Secondary Owner #2 Mailing Address 139 MAIN ST UNIT #203 UNIONVILLE ON CANADA L3R2G Legal FISCHER LAKE ISLAND SUB PH BLK/BLDG : BLK B LOT/UNIT : LOT 1 PBI/OR BK: PBI 18-12 Site Address 1581 EAGLE Parcel # 313814 1 0 .0 Assessment= $8,107.07 Owner FAIRHO ROPERTIES LLC Secondary Owner #1 SNA Secondary Owner #2 -- MailingA IN ST UNIT #203 IONVILLE ON CANADA L3R2G6 L ISCHER LAKE ISLAND SUB PH 6 BLK/BLDG : BLK B LOT/UN IT: LOT 2 PBI/OR BK: PBI 18-12 Site Address 1580 EAGLE CIR Page 10 of 20 . F:\Wilities\UTlLlTY- Engineering\Projects - Assessment Project \000Assessments_2011I_,Proposed\FisiierLakelslandWaterAssessinent\`c)rd0ocumenu\Pn.lirnin.3ryAsseismentRolI 07 _27_20,16.docx Friday; July 29, 2016 658 1`a FISCHER LAKE ISLAND ASSESSMENT PROJECT UCP 4118 - PRELIMINARY ASSESSMENT ROLL tnf { Attachment 4 Parcel # 31381400013000200003.0 Assessment= $8,107.07 Owner FISCHER ELIZABETH ANN Secondary Owner #1 Secondary Owner #2 Mailing Address 520 N BLUE ISLAND ST SEBASTIAN FL32958 Legal FISCHER LAKE ISLAND SUB PH 6 Alf BLK/BLDG : BLK B LOT/UNIT : LOT 3 PBI/OR BK: PBI 18-12 Site Address 1579 yEAGLE CIR Sil N Parcel #µ 31381400015000300001.0 ss - $8,107.07 Owner FAIRHOMES MOWAT PROPERTIES LLC Secondary Owner #1 Secondary Owner #2 Mailing Address 139 MAIN ST UNIT #203 UNIONVILLE ON CANADA L3R2G Legal FISCHER LAKE ISLAND REPLA SEVEN BLK/BLDG : BLK C LOT/UNIT : LOT 1 PBI/OR BK: PBI 25-1 Site Address 1527 EAGLE Parcel # 313814ft 00 .0 Assessment= $8,107.07 Owner TREMBLWNXKRREN Secondary Owner #1 Secondary Owner #2 ,4* lllik Mailin A NCHA DR ASTIAN FL32958 ISCHER LAKE ISLAND REPLAT OF PH SEVEN BLK/BLDG : BLK C LOT/UNIT : LOTS 2 & 3 PBI/OR BK: PBI 25-14 Site Address 1529 EAGLES CIR Page 20 of 20 F:\Utilities\UTILITY - Engineering\Projects - Assessment Projects\OOOAssessments_20:L4__Proposed\FisherLakelslandWater!ssessrT"!nz Word DOC umenLs\Pr lirninaryAssessmentRoll_07_27_2015.docx Friday, July 29,.2,'116 659 INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES PROPOSED WATER ASSESSMENT PROJECT FISCHER LAKE ISLAND SUBDIVISION Fir � 1532 O 1529 9� 1527 'r . 1550 15s1 1526 1552 1525 1553 1524 1554 rn 1523 1555 r 'm 1556 �Cn 1522 1557 1521 1558 1520 1559 1519 1560 1518 1561 1562 1563 1516 1564 1515 1565 1514 1566 1513 1567 1512 1568 1511 CARLISLE WAY } i \ Ly- 5Jpov UJI DRYL)Era COUNTY ROAD 512 COUNTY ROAD'512 512 Ers,i22 IERE, DeLorme, Mapmylndia, © OpenStreetMapYcontributors, and the (�� 510 GIS user community ti :` Attachment 4 Legend Boundary - Fischer Lake Island Proposed Water Assessment J 0 - rr.. t, i j r "yS-AN SEBASTIAN SPRINGS X 1510 157C 1509 1571 1508 1572 1507 I 1573 j 1506 1574 1505 1575 SEBASTIAN CROSSINGS i 1504 1576 a T ��- 1503 1577 � �_L SEBASTIAN CROSSINGS _J�1�.. GS BLVD. � 1502 1578 1501 E- - 1579 Parcel not Included 1580 1500 ,• % U 1581 , CANOE LAUNCH COVE w T1AMHERST,LN f f -f" CARLISLE WAY } i \ Ly- 5Jpov UJI DRYL)Era COUNTY ROAD 512 COUNTY ROAD'512 512 Ers,i22 IERE, DeLorme, Mapmylndia, © OpenStreetMapYcontributors, and the (�� 510 GIS user community ti :` Attachment 4 Legend Boundary - Fischer Lake Island Proposed Water Assessment J 0 - rr.. t, i j r "yS-AN SEBASTIAN SPRINGS X ' INDIAN RIVER COUNTY `--- Attachment 4 F 15332T - �� _•qU( IN DEPARTMENT OF UTILITY SERVICES PROPOSED WATER ASSESSMENT PROJECTcNER s FISCHER LAKE ISLAND SUBDIVISION 1529�OCK -- 1527,1- 1550..� Ils51 LagwW - i1526 \ 1552 ` \ =Boundary - Fischer Lake Island Proposed Water Assessment 1525 ��; 1553 !;1524 �Ij 1554 D _ i 0 ' 1555 '\ 1 O \ r 1523--- --- • m--- - 1556 1522 �tn - 1 1557 - - — ---- - _ -- - I 1521`—`1558 \\ 1520 1559 ,. 1519 1560,, \SA.N-SEBASTIA — ! 1561 151$ 1-- co CARL AV -- -- 1562 onfidentt I -- --- /y z 1563 A ! l 1516 1564w -- 1515 i 156.5-- 1514 — _ 1566 t -- - --�- 1567 1512 - 1568 1511; � C') 1510 i- 1570 1509 ,; _ , 1571 i Q; 1508 -..;` I 0:, 1572 1507'- ---- -- ; -- 1573 — ' 1574 � s' 1575 r \ SEBASTIAN CROSSINGS - = 1576 �y^ JOPK LN \• I I 1503 r1 Tl-I-j - -15- 77 Y; SEBASTIAN CROSSINGS BLVD 1502` r 1578 1501 - -- S - - -� 1579 ! / Parcel not -�, Included 1580 f �' l 1500 -- 0 i U 1581 1 .�li y _-AMHERST.LN1 �� ` CANOE LAUNCH COVES j"� ; 1 - r- _� I w 3P 06 :I, �G C3 19 -b. VVIO JO COUNTY z _ROAD 512 — -- I� _— y ,O 512 COUNTY ROAD 512 r r 510 ssfii?j ERE,. Del-orme, Ma -in- India p nst eet a- 'Ari¢u� ,, and the --- ----- -------- ---GtS'user community 661 Fischer Lake Island Watermain Assessment Project Res I & II How We Got Here 0- Initial Request to evaluate the feasibility of County water received September, 2014. ►IRC send the petition package November, 2014. ►Received valid petition July, 2015. ►BCC approved to secure MM&T and start design August, 2015. ►Staff completed 80% design plans December, 2015. ►Met with HOA board members February, 2016. 1a G -a - Cow / -A-1 Moving Forward Res I —August 16, 2016 (BCC Approval) Informational Meeting—September 15, 2016 Res 11— October 4, 2016 (Public Hearing) Res III — October 4, 2016 (Pending BCC Approval) FDEP Permit —September, 2016 Advertise for bids— December, 2016 Final Completion —August, 2017 !W -A- 2 INDIAN RIVER COUNTY, FLORIDA U11 DEPARTMENT OF UTILITY SERVICES Date: August 9, 2016 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Arjuna Weragoda, P.E., Capital. cts Manager Aw Jesse Roland, Plans Review Subject: Pinson Subdivision PetitionVat7 r Assessment Project UCP # 4126, Resolutions I (Preliminary Assessment Roll) and II (Public Hearing Date) BACKGROUND On July 12, 2016 under Commissioners Matters Agenda Item 14.A (1), the Indian River County Board of County Commissioners (BCC) unanimously authorized staff to proceed with two directives as follows: 1. Configure a plan to provide County water to residents in the Pinson Subdivision, a wedge-shaped neighborhood with residences along 42nd Place and 20th Avenue, located east of US Hwy 1, as soon as possible and report the findings back to the BCC on August 16, 2016. The subject agenda is to provide that plan. Explore options to mitigate Equivalent Residential Unit (ERU) or impact fees for water to Pinson Subdivision residents based on income qualifications. That subject is presented today in a separate agenda item. A design to provide County water is complete and staff would like the BCC to consider the next phase of the proposed assessment process. ANALYSIS The project consists of 15 parcels benefitting from the water main extension. The parcels vary in size with the average lot size being 0.162 of an acre. Out of the 15 benefitting parcels, one is zoned commercial and is not part of the Pinson Subdivision plat. The remaining 14 parcels, according to tax records, are zoned as follows: • 2 vacant lots • 12 single family residential lots Property owners elected the assessment to be based on an "Equal per Parcel' basis during the preliminary petition process in March of 2016. As of this agenda, 8 out of 14 possible benefitting properties or 57.1% are in favor of the project. The commercial property owner has verbally expressed a desire to connect to county water but that signature has yet to be received. If the commercial signature is received, 9 out of 15 parcels or 60% would be in favor of the project. Due to the poor water quality in the area and environmental concerns, the Board directed staff to proceed to the Resolution I and II phase. The proposed Pinson Subdivision assessment project will consist of installing approximately 900 -linear feet of 6 -inch and 2 -inch PVC water main, with water services to each lot. The project will begin at an existing 8 - inch water main gate valve, located along the east side of US Hwy 1. The total project cost is estimated at F:\Utilities\UTILITY -Engineering\Projects -Assessment Projects\OOOAssessments_2016_Proposed\PinsonSubdivision\Word Documents\Agenda 662 Resolution_I_II-Pinson_Subdivision,07-15-2016.docx $53,406.95, which includes construction, engineering, administration and inspection. Given that the Pinson Subdivision is a financially disadvantaged community, staff has proposed removing the engineering, administration and inspection services (soft cost) cost, which are estimated to be $5,000.00, and base the assessment solely on the construction cost of $48,406.95. Therefore, an equal per parcel cost of $3,227.13 will be levied against all 15 benefitting parcels. Pending the outcome of today's BCC decision, staff will apply for permits to the Florida Department of Environmental Protection (FDEP) and Indian River County (Right -of - Way permit). A Providing Resolution (Resolution 1) is presented for adoption by the Board. A separate resolution (Resolution II) is presented for adoption to hold a Public Hearing to discuss the advisability, project cost, and amount of the assessment for each property owner in the benefited area. Pending BCC approval, a Public Hearing is tentatively scheduled for Tuesday, September 20, 2016, at 9:05 A.M. in the Indian River County Commission Chambers. A preliminary assessment roll and assessment plat have been prepared and will be filed with the Clerk to the Board of County Commissioners. FUNDING: Funds for this project are derived from the Assessment Fund. Assessment Fund revenues are generated from connection fees paid by the benefitting property owners. DESCRIPTION ACCOUNT NUMBER AMOUNT Pinson Subdivision Water Assessment 473-169000-16525 $ 48,406.95 RECOMMENDATION The staff of the Utilities Department recommends that the BCC consider the following recommendations: Approve the Equal per Parcel cost to be based on the construction cost estimate. Adopt the resolution providing for the installation of the water main within the Pinson Subdivision, subject to the terms outlined in the resolution. The Board of County Commissioners shall establish the applicable interest rate at the time the final assessment roll is approved. Adopt a resolution setting the time and place of the Public Hearing —September 20, 2016, at 9:05 am. LIST OF ATTACHMENTS: 1. Providing Resolution (Resolution No. 1) 2. Setting Resolution for Public Hearing (Resolution No. 11) 3. Cost Estimate 4. Assessment Rolland Assessment Area Map APPROVED FOR A DA: BY: J son . Brown Co Administrator FOR: August 16, 2016 Date Indian River Co. Approv d Date Administration $ )j 1�, Legal Budget Utilities A A6 u$ Q tb 11� Utilities -Finance _ F:\Utilities\UTILITY -Engineering\Projects -Assessment Projects\OOOAssessments_2016_Proposed\Pinson5ubdivision\Word Documents\Agenda 663 Resolution_I_II-Pinson_Subdivision,07-15-2016.docx Providing (First Resolution) RESOLUTION NO. 2016 - Attachment 1 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR WATER MAIN EXTENSION FROM 2000 TO AND INCLUDING 2066 42ND PLACE AND INCLUDING 4206, 4216, 4220, 4230, 4240, 4250, AND 4260 20TH AVENUE WITHIN PINSON SUBDIVISION, AND INCLUDING 2226 42ND STREET IN INDIAN RIVER COUNTY, FLORIDA; PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND DESCRIPTION OF THE AREA TO BE SERVED. WHEREAS, the Board of County Commissioners of Indian River County has determined that the improvements herein described are necessary to promote the public welfare of the county and has determined to defray the cost thereof by special assessments against certain specially benefited properties to be serviced by a water main extension from 2000 to and including 2066 42nd Place and including 4206, 4216, 4220, 4230, 4240, 4250, and 4260 20th Avenue within Pinson Subdivision, and including 2226 42nd Street in Indian River County, Florida, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: The County does hereby determine that a water line shall be extended from 2000 to and including 2066 42nd Place and including 4206, 4216, 4220, 4230, 4240, 4250, and 4260 20th Avenue within Pinson Subdivision, and including 2226 42nd Street in Indian River County, Florida, to specially benefit 15 parcels located there ("Improvements"), and that the cost thereof shall be specially assessed in accordance with the provisions of Sections 206.01 through 206.09 of The Code of Indian River County. 2. Based upon the current uses, sizes, zoning and development potential of the parcels, each parcel is equally benefited by the provision of water, and thus the assessment will be equal per parcel. 3. The estimated cost for the Improvements is $53,406.95, which includes construction, engineering, administration and inspection. The cost for construction is estimated to be $48,406.95 or $3,227.13 per parcel to be paid by the properties specially benefited as shown on the assessment plat on file with the Department of Utility Services and the Clerk to the Board. Assessments are to be levied against all lots and lands adjoining and contiguous or bounding and abutting upon the Improvements or specially benefited thereby and further designated by the assessment plat with respect to the special assessments. 4. A special assessment in the amount of $3,227.13 per parcel may be assessed against each of the specially benefited properties designated on the assessment plat on file with the Clerk to the Board. This special assessment may be raised or lowered by action of the Board of County Commissioners serving as the equalizing board at the public hearing, as set forth in Section 206.07 of The Code of Indian River County. 664 Attachment 1 RESOLUTION NO. 2016 - 5. The special assessments shall be due and payable and may be paid in full within 90 days after the date of the as -built resolution of the Board with respect to credits against the special assessments after completion of the Improvements (the "Credit Date") without interest. If not paid in full, the special assessments may be paid in ten equal yearly installments of principal plus interest. If not paid when due, there shall be added a penalty of 1-1/2% of the principal not paid when due. The unpaid balance of the special assessments shall bear interest until paid at a rate to be determined by the Board of County Commissioners when the Improvements are completed. 6. There is presently on file with the Department of Utility Services an assessment plat showing the area to be assessed, plans and specifications for the Improvements and an estimate of the cost of the proposed Improvements. All of these are open to inspection by the public at the Department of Utility Services. 7. A proposed preliminary assessment roll with respect to the special assessments is on file with the Clerk to the Board and Department of Utility Services. 8. Upon the adoption of this resolution, the Department of Utility Services shall cause this resolution (along with a map showing the areas to be served) to be published at least one time in the Indian River Press Journal before the public hearing as required by Section 206.04 of The Code of Indian River County. The resolution was moved for adoption by Commissioner and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman 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 16th day of August, 2016. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: in Deputy Clerk APPROVED A8 TO FORM ANO LEGAL 8UFFICIE Y BY YLA�NR E I N G 0 LI COUNTY ATTORNEY Bob Solari, Chairman 665 Attachment 2 Time and Place (Second Resolution) RESOLUTION NO. 2016- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, SETTING A TIME AND PLACE AT WHICH THE OWNERS OF PROPERTIES FROM 2000 TO AND INCLUDING 2066 42ND PLACE AND INCLUDING 4206, 4216, 4220, 4230, 4240, 4250, AND 4260 20TH AVENUE WITHIN PINSON SUBDIVISION, AND INCLUDING 2226 42ND STREET IN INDIAN RIVER COUNTY, FLORIDA, AND OTHER INTERESTED PERSONS, MAY APPEAR BEFORE THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF CONSTRUCTING THE WATER MAIN EXTENSION, AS TO THE COST THEREOF, AS TO THE MANNER OF PAYMENT THEREFOR, AND AS TO THE AMOUNT THEREOF TO BE SPECIALLY ASSESSED AGAINST EACH PROPERTY BENEFITED THEREBY. WHEREAS, the Board of County Commissioners of Indian River County has, by Resolution No. 2016- , determined that it is necessary for the public welfare of the citizens of the County, and particularly as to those living, working, and owning property within the area described hereinafter, that a waterline be installed from 2000 to and including 2066 42nd Place and including 4206, 4216, 4220, 4230, 4240, 4250, and 4260 20th Avenue within Pinson Subdivision, and including 2226 42nd Street in Indian River County, Florida, to serve 15 parcels ("Improvements"); and WHEREAS, based upon the current uses, sizes, zoning and development potential of the parcels, each parcel is equally benefited by the provision of water, and thus the assessment will be equal per parcel; and WHEREAS, it has been determined that the cost to be specially assessed with respect thereto shall be $48,406.95 or $3,227.13 per parcel; and WHEREAS, the Board of County Commissioners has caused an assessment roll to be completed and filed with the Clerk to the Board; and WHEREAS, Section 206.06 of The Code of Indian River County provides that the Board of County Commissioners shall fix a time and place at which the owners of the specially benefited properties to be specially assessed or any other persons interested therein may appear before the Board of County Commissioners and be heard as to the propriety and advisability of constructing such water main extension, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be assessed against each property benefited thereby, 666 Attachment 2 RESOLUTION NO. 2016 - NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The County Commission shall meet at the County Commission Chambers in the County Administration Building at the hour of 9:05 a.m., or as soon thereafter as the matter may be heard, on Tuesday, September 20, 2016, at which time the owners of the specially benefited properties to be specially assessed and any other interested persons may appear before said Commission and be heard in regard thereto. The area to be improved and the properties to be specially benefited are more particularly described upon the assessment plat and the assessment roll with regard to the special assessments. 2. All persons interested in the construction of said Improvements and the special assessments against the properties to be specially benefited may review the assessment plat showing the area to be assessed, the assessment roll, the plans and specifications for said Improvements, and an estimate of the cost thereof at the office of the Department of Utility Services and the Clerk to the Board any week day from 8:30 a.m. until 5:00 p.m., excluding holidays. 3. Notice of the time and place of this public hearing shall be given by two publications in the Indian River Press Journal Newspaper one week apart. The last publication shall be at least one week prior to the date of the hearing. 4. The Department of Utility Services shall give the owner of each property to be specially assessed at least ten days' notice in writing of such time and place, which shall be served by mailing a copy of such notice to each of such property owners at his last known address obtained from the records of the property appraiser. The resolution was moved for adoption by Commissioner the motion was seconded by Commissioner 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 , and and, upon being 667 Attachment 2 RESOLUTION NO. 2016 - The Chairman thereupon declared the resolution duly passed and adopted this 16th day of August, 2016. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY DYLAN REINGOLD COUNTY ATTORNEY 3 Bob Solari, Chairman 668 Attachment 3 Indian River County Department of Utilities Gordon Sparks, P.E. Environmental Engineer Project : Pinson Water Assessment Project Preliminary Cost Estimate - 15 Water Services Date: July 29, 2016 LABOR COST (USD) MATERIAL COST (USD) Bid Bid Item Estimated Unit of Labor Unit Total Labor Material Unit Total Material Item No. Description Quantity Measure Price Price Price Price 1Mobilization,Demobilization, 1 LS 10% $2,081.65 2Install Water Main 860 LF 6.00 $5,160.00 10.00 $8,600.00 3 InstallWater Main 30 LF 4.80 $144.00 1.24 $37.20 Install 4 1 EA 125.00 $125.00 650.00 $650.00 5Driveway Bores 30 LF 30.00 $900.00 6 Asphalt Repair of Trench50 SY 25.00 $1,250.00 10.00 $500.00 7 tallec anica estrame Joint Fittings 0.25 TON 4,100.00 $1,025.00 3,500.00 $875.00 8 Install ire Hydrant Assemb w 1 EA 2,000.00 $2,000.00 2,000.00 $2,000.00 9 Install et Tap wTapping Valve 1 EA 900.00 $900.00 1,200.00 $1,200.00 Install a er ervice - Single o w o e an 10 Box 1 300.00 $300.00 300.00 $300.00 Install Water Service - Single Long w Yoke an 11 Box 4 EA 425.00 $1,700.00 300.00 $1,200.00 Install Water Service - Double Short w/ Yoke and 12 Box 2 350.00 $700.00 510.00 $1,020.00 13 ox 3 EA 350.00 $1,050.00 570.00 $1,710.00 14 Install Temp. Jumper 1 EA $500.00 $500.00 500.00 $500.00 Fill, Pressure Test, Chlorinate and Flush Water 15 Main 890 LF $1.50 $1,335.00 0.10 $89.00 16 Fn-st-all Sample Point sing WaterService) 3 EA $275.00 $825.00 275.00 $825.00 17 Take Bacterial Sample/Deliver to Lab for Testing 6 EA $150.00 $900.00 18 awn Restoration(Topsoil and Bahia o 890 SY $2.25 $2,002.50 1.80 $1,602.00 Subtotal Water System $22,898.15 $21,108.20 19 IRCDUS Contingency Account 1 EA 10% $2,289.80 $2,110.80 Subtotals = $25,187.95 $23,219.00 Constr. Total $48,406.95 Total Assessment Cost Estimate $48,406.95 F:\Utilities\UTILITY - Engineering\Projects - Assessment Projects\OOOAssessments_2016_Proposed\PinsonS ubdivision\PINSON 669 SUBDIVISION Water Assessment Project\Cost Estimate by Labor Contract.xlsx 114u1AN KI V [K LUUIV 1 r - IJtYAK I IVItN 1 UI- U I ILI I Y StKVILLS PINSON SUBDIVISION A PORTION OF ASSESSMENT PROJECT — PRELIMINARY ASSESSMENT ROLL Attachment 4 Parcel # 32392600006000000048.0 Assessment= $3,227.13 Owner BRISTOL JAMES Secondary Owner #1 Secondary Owner #2 Mailing Address 2056 42ND PL VERO BEACH FL32960-1531 Legal PINSON SUB BLK/BLDG : LOT/UNIT : LOT 48 PBI/OR BK: PBI 2-94 Site Address 2056 42ND PL Parcel # 32392600006000000001.0 Assessment= $3,227.13 Owner EWAR GREVILLE Secondary Owner #1 Secondary Owner #2 Mailing Address 2338 3RD AVE SE VERO BEACH FL32962-8223 Legal PINSON SUB BLK/BLDG : LOT/UNIT : LOT 1 PBI/OR BK: PBI 2-94 Site Address 4260 20TH AV Parcel # 32392600006000000051.0 Assessment= $3,227.13 Owner WILLIAMS DOC JR (H) Secondary Owner #1 Secondary Owner #2 Mailing Address 4230 20TH AVE VERO BEACH FL32967 Legal PINSON SUB BLK/BLDG : LOT/UNIT : LOT 51 PBI/OR BK: PBI 2-94 Site Address 2004 42ND PL 670 nvUTAIM KI V tK ILUUIV IT — UtPAK I IVItIN 1 OF U 1 ILI I T JtKVILtb PINSON SUBDIVISION A PORTION OF ASSESSMENT PROJECT — PRELIMINARY ASSESSMENT ROLL .; Attachment 4 Parcel # 32392600006000000010.0 Assessment= $3,227.13 Owner 4206 TWENTIETH ASSOCIATES LLC Secondary Owner #1 Secondary Owner #2 Mailing Address 22 PRIMROSE WAY WARREN NJ7059 Legal PINSON SUB BLK/BLDG : LOT/UNIT : LOT 10 PBI/OR BK: PBI 2-94 Site Address 4206 20TH AV Parcel # 32392600006000000002.0 Assessment= $3,227.13 Owner STRAWTER SHERRY A & Secondary Owner #1 Secondary Owner #2 Mailing Address 4250 20TH AVE VERO BEACHFL32967 Legal PINSON SUB BLK/BLDG : LOT/UNIT : LOT 2 PBI/OR BK: PBI 2-94 Site Address 4250 20TH AV Parcel # 32392600006000000049.0 Assessment= $3,227.13 Owner EDDIE'S PROPERTY INVESTMENTS INC Secondary Owner #1 Secondary Owner #2 Mailing Address PO BOX 212624 ROYAL PALM BEACH FL33421-2624 Legal PINSON SUB BLK/BLDG : LOT/UNIT : LOT 49 PBI/OR BK: PBI 2-94 Site Address 2048 42ND PL 671 IIVLJIHIV KI V CK LUUIM IT — UtYAK I IVItIV I OF U I ILI I T JtKVILtb w.t .'4. PINSON SUBDIVISION A PORTION OF ASSESSMENT PROJECT — PRELIMINARY ASSESSMENT ROLL Attachment 4 Parcel # 32392600006000000050.0 Assessment= $3,227.13 Owner ESQUIVEL MIGUEL A & Secondary Owner #1 WEBB, FRANCIS 1 (TR)(1/2) Secondary Owner #2 Mailing Address 2006 42ND PL VERO BEACH FL32967 Legal PINSON SUB BLK/BLDG : LOT/UNIT : LOT 50 PBI/OR BK: PBI 2-94 Site Address 2006 42ND PL Parcel # 32392600006000000052.0 Assessment= $3,227.13 Owner MCGRIFF LILLY MAE Secondary Owner #1 Secondary Owner #2 Mailing Address 2000 42ND PL VERO BEACH FL32967 Legal PINSON SUB BLK/BLDG : LOT/UNIT : LOT 52 LESS W 33.00 FT PBI/OR BK: PBI 2-94 Site Address 2000 42ND PL Parcel # 32392600006000000003.0 Assessment= $3,227.13 Owner BARNWELL JENNIE B Secondary Owner #1 VERNON, GARY L Secondary Owner #2 Mailing Address 4240 20TH AVE VERO BEACH FL32960-1510 Legal PINSON SUB BLK/BLDG : LOT/UNIT : LOTS 3 & 4 PBI/OR BK: PBI 2-94 Site Address 4240 20TH AV 672 muimiv nivcn wuiv 1 t — utrmn 1 IVItIV 1 Vr U I ILI 1 T JtKVILtb PINSON SUBDIVISION A PORTION OF ASSESSMENT PROJECT — PRELIMINARY ASSESSMENT ROLL Attachment 4 Parcel # 32392600006000000009.0 Assessment= $3,227.13 Owner JOHNSON GENEVA Secondary Owner #1 Secondary Owner #2 Mailing Address C/O SHERRY STRAWTER VERO BEACH FL32967 Legal PINSON SUB BLK/BLDG : LOT/UNIT : LOT 9 PBI/OR BK: PBI 2-94 Site Address 4216 20TH AV Parcel # 32392600006000000005.0 Assessment= $3,227.13 Owner BROWN CLEASTER JORDAN Secondary Owner #1 Secondary Owner #2 Mailing Address C/O ROSNNE JORDAN VERO BEACH FL32967 Legal PINSON SUB BLK/BLDG : LOT/UNIT : LOTS 5 & 6 PBI/OR BK: PBI 2-94 Site Address 4230 20TH AV Parcel # 32392600006000000007.0 Assessment= $3,227.13 Owner ROSS W L * ROSA LEE Secondary Owner #1 HARRINGTON, CHRISTOPHER R Secondary Owner #2 HARRINGTON, ROGER S JR Mailing Address C/O ELLA BROWN VERO BEACH FL32967 Legal PINSON SUB BLK/BLDG : LOT/UNIT : LOTS 7 & 8 PBI/OR BK: PBI 2-94 Site Address 4220 20TH AV 673 1111JIMIv nI V En wury i r — ULVAK i witiv 1 Ur U 1 ILI I Y JtKVILtb PINSON SUBDIVISION A PORTION OF ASSESSMENT PROJECT — PRELIMINARY ASSESSMENT ROLL : Attachment 4 Parcel # 32392600000100000005.0 Assessment= $3,227.13 Owner SCHAEFFER TAMMY Secondary Owner #1 Secondary Owner #2 Mailing Address 1066 38TH AVE VERO BEACH FL32960 Legal BEG AT SW COR OF NE1/4 RUN N 660 FT TO P OB FR POB RUN E 70 FT N 200 FT W70F Site Address 2226 42ND ST Parcel # 32392600006000000052.1 Assessment= $3,227.13 Owner FLEMMING STEADVAL * AVRIL Secondary Owner #1 Secondary Owner #2 Mailing Address PO BOX 6004 VERO BEACH FL32961 Legal PINSON SUB BLK/BLDG : LOT/UNIT : W 33.00 FT OF LOT 52 PBI/OR BK: PBI 2-94 Site Address 2002 42ND PL Parcel # 32392600006000000047.0 Assessment= $3,227.13 Owner MOORE EDDIE LEE & Secondary Owner #1 Secondary Owner #2 Mailing Address 619 S 60TH ST PHILADELPHIA PA19143-2301 Legal PINSON SUB BLK/BLDG : LOT/UNIT: LOT 47 PBI/OR BK: PBI 2-94 Site Address 2066 42ND PL 674 INDIAN RIVER COUNTY - DEPARTMENT OF UTILITY SERVICES , v PINSON SUBDIVISION PORTION OF PROPOSED WATER ASSESSMENT PROJECT Attachment 4 i Legend Ex portB u ild in g F ootprints_07_ 2016 PROJECT BOUNDARY 42ND ST 2' 0561 2048 ^ (� -I 2066 1� 2� 111 ®2�00�0 I 42ND PL --- 4260 4250 4240 4Mw 230 C) N C4216M 4206 i, HERE, Delorme, Mapmylndia, © O GIS user community N 2226 contributors, and Date: 712912.0-1 - Pinson Subdivision Watermain Assessment Project Res I & II How We Got Here ►Initial Request to evaluate the feasibility of County water received October, 2015. ►IRC handed the petition package November, 2015. ►Received signatures April, 2016. ►BCC authorized staff to start design July 12, 2016. ►Staff completed 80% design plans August 2, 2016. Ia.G.3. 6'16--A-1 �y r: W;.:. INUAN RMER COUNTY • OEPARTMENTOF UTOJTY SERVICES PINSON SUBMVISION PORTION OF PROPOSEDWATERASSESSMENTPROJECT _ Monthly Payment Estimate _ $21.72 (Engineering & - dmintstratio, 55 $13.79 OTAL PROJECT $69.74 `COST ESTIMATE $53 L :Number of Parc is y,Cost per Parcel aced an c $3,227.1 ruonstction Cost .p i g( 1 i S Pinson SID Estimated Water & Sewer Cost Based on Different Scenario's Financing Charges based on the current rate of 5.0% Scenario 1- Capital Cost financedfor 10-yeam & Impact Fee for Syeam Monthly Payment Consum tionforwaterbasedon 5000 Ilons a onth $21.72 apital Cost per Parcel at $3,227.13 $3423 Water Impact Fee $1,300 $24.53 Total Per month $80.48 Scenario 2- Capital Cost & ImpactFee financed for 10 -years Monthly Payment umptionforwater as edon5000gallonspermonth opital $21.72 Cosi per Parcel at $3,227.13 $34.23 Water Impact Fee $1,300 $13.79 Tetalpermonth $69.74 Scenario} Capital Cost financedfor 10 -years & Impact Fee Donald Monthly Payment Consum tion for waterbased on 5,000 gal Ions per month $21.72 Ca ital Cos[ er Parcel at$3227.13 $34.23 Water Impact Fee $1,300 Donated Total Per month $55.95 &76-A-2 Moving Forward Res I—August 16, 2016 (BCC Approval) Informational Meeting—August 31, 2016 Res II —September 20, 2016 (Public Hearing) Res III — September 20, 2016(Pending BCC Approval) Obtain FDEP &I RC R/W Permits—September, 2016 Advertise for bids — October, 2016 Final Completion — February, 2017 C�, = -,-3 INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: August 9, 2016 To: Jason E. Brown, County Administr r From: Vincent Burke, Utilities Directo Prepared By: Cindy Corrente, Utilities Finance Manage Subject: Mitigation/Donation of Reserve ERU's for Financially Disadvantaged Communities BACKGROUND On July 12, 2016, under Commissioners Matters Agenda Item 14.A (1), the Indian River County Board of County Commissioners (BCC) unanimously authorized staff to proceed with the design for the Pinson Subdivision, a wedge-shaped neighborhood in the East Gifford area with residences along 42nd Place and 20th Avenue, located east of US Hwy 1. During this discussion, the Board directed staff to come back with a proposal to explore options to mitigate Equivalent Residential Unit (ERU) or impact fees for water to Pinson Subdivision residents based on income qualifications. ANALYSIS The proposed Pinson Subdivision assessment project will benefit 15 parcels in a financially disadvantaged community. Staff has evaluated options to mitigate reserved ERU's to the subject financially disadvantaged community. In order to create such a mechanism, a modification to Indian River County Code Chapter 201 Section 9 - Impact Fees will be required. Several key components will need to be considered when crafting the Code modifications to Section 201.09 which will require Board approval. Please note that the subject modifications will not be a change to the Land Development Regulation. Staff considered the following items that could be added as part of the modification to Section 201.09: Mitigation/Donation of Reserve ERU's for Financially Disadvantaged Communities: a. Limit projects eligible for participating in a mitigation program to those that include potential customers that are considered very low, low and moderate income, or neighborhoods considered disadvantaged communities in a greater plan. The neighborhoods and/or properties meeting these qualifications will be evaluated with assistance from the Indian River County Community Development staff and governed by the criteria outlined in the State Housing Initiative Partnership (SHIP) Program. b. A cap on the maximum number of total eligible transfers of ERU per fiscal year. C. The reserve ERU account(s) used for mitigation must be current in their payment status. d. Accept eligible reserves after the Certificate of Completion has been issued by FDEP for the mitigating ERU. F:\Utilities\00_UTILITY - AGENDA TEMPLATE & GUIDELINES\2016 Agenda Items 676 Allow only eligible reserves from a limited geographical area that is in close proximity to the mitigating ERU. The mitigating ERU's should match (i.e. water to water; sewer to sewer). g. Service availability charges become the responsibility of the recipient of the reserve ERU from the date of transfer. Eligible donations can only be transferred if the above items a through g are met. In looking at the options available, the key issues distill to four main criteria: 1. Having too many donated ERU's and not enough recipients. This would put staff into a decision making process whereby donated ERU's from all potential donors may not be used. How to make the determination on which ERUs to use will be critical in order to protect staff from a donor who may wish to have their ERU's used first. Perhaps a first come, first served approach may work. See criteria #4. 2. Having too few donated ERU's and more recipients than expected. The reverse scenario may take place when a decision will need to be made as to who would receive donated ERU's and who may not. This decision process should be outlined so that staff is following policies and procedures set forth by the Board as to avoid potential complaints. 3. There should be an audit trail created in such a way as to track those ERU's voluntarily turned in/accepted. 4. A communication program will be key to allow folks who may not know such a program exists and who would perhaps otherwise wish to participate. RECOMMENDATION The staff of the Utilities Department recommends that the BCC direct staff to come back at a future meeting with a draft modification to Section 201.09 in order to establish a mechanism by which the County may accept donations of reserve ERU's to be transferred to financially disadvantaged communities. APPROVED FOR AGENDA: BY: (^A4V Ja on . Brown C y Administrator FOR: August 16, 2016 F:\Utilities\00_UTILITY - AGENDA TEMPLATE & GUIDELINES\2016 Agenda Items Indian River Co. Approved Date Administration O �) v Legal Budget Utilities f �� V 4 D Utilities -Finance 677 EQUIVALENT RESIDENTIAL UNIT (ERU) DONATION AGENDA ITEM 12.G.4 TUESDAY, AUGUST 1 A, 2016 Ia.G.44. a KEY COMPONENTS ❖ MODIFICATION TO INDIAN RIVER COUNTY CODE SECTION 201.09 — IMPACT FEES ❖ NOT ANTICIPATED TO BE A LAND DEVELOPMENT REGULATION MODIFICATION ❖ LOOKING FOR DIRECTION ON HOW TO PROCEED BASED ON QUALIFYING CRITERIA (077-A-1 KEY CRITERIA ❖ Eligibility Requirements • Very low or low -moderate income levels • Neighborhood within a disadvantaged community Reserve ERUs • Account Current ❖ Cap? ❖ Transfer/acceptance timing (DEP Certificate of Completion) • Service availability transfer ❖ Limited Geographical area: Not create any adverse operational infrastructure issues ❖ Match ERU use CONSIDERATIONS ❖ Too many ERUs, not enough recipients • Transfer priority • First come, first served ❖ Too few ERUs, too many recipients • Determination for who gets the ERUs ❖ Audit of ERU donation/Acceptance ❖ Communication 677 -A-2 RECOMMENDATION DIRECT STAFF TO WORK WITH THE COUNTY ATTORNEY'S OFFICE TO CRAFT A DRAFT MODIFICATION TO COUNTY CODE 201.09 - IMPACT FEES (77 -A- 3 Lipan Aemgoia, Lounty Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney County Attorneys Matters - B.C.C. 8.16.16 Office of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Kate Pingolt Cotner, Assistant County Attorne DATE: August 5, 2016 ATTORNEY SUBJECT: Report on the 30th Annual Environmental Permitting Summer School Seminar BACKGROUND: Kate Cotner and James Gray attended the 30th Annual Environmental Permitting Summer School seminar ("Seminar') in Orlando, Florida, from July 20, 2016, to July 22, 2016. The Seminar covered a variety of topics including, but not limited to, the new state-wide water policy, what to expect at the next legislative session, Amendment 1 funds, reuse of reclaimed water as an alternative water resource, sea -level rise and climate change, and new nationwide permits. ATTACHMENT(S). Power Point Presentation. Approved for August 16, 2016, BCC Meeting County Attorney's Matters OUNTY ATTORNEY Indian River Co. App ed Date Admin. iIJ4 Co. Atty. 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DeBraal, Deputy- County attorney Kate Pingolt Cotner, assistant County .Attorney County Attorney's Matters - B. CC 08.16.16 Office of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney r` _ DATE: August 8, 2016 y ATTORNEY SUBJECT: Florida Power & Light Offer to Purchase Electric System in Indian River Shores BACKGROUND On August 4, 2016, Florida Power and Light ("FPL") submitted an offer to acquire the assets of the City of Vero Beach (the "City") currently utilized to serve the residents of the Town of Indian River Shores (the "Town"). FPL offered to make a one-time payment of $30 million in cash to the City for the assets in the Town. On August 5, 2016, Mayor Barefoot on behalf of the Town wrote a letter to City Mayor Kramer expressing the Town Council's support of the FPL offer. In the letter, Mayor Barefoot stated that the Town Council had voted to participate in the FPL offer by contributing $3 million through an electric bill surcharge to be paid over a three-year period by the residents of the Town currently served by the City. Because only 10% of the City's customer base is located in the Town, the transaction does not require approval of the Florida Municipal Power Agency (the "FMPA"). FPL noted in its letter to the City that FPL believes that the remaining City customers will remain whole, protecting the customers from adverse rate impacts and other financial harms that might result from the customers in the Town leaving the City's electric system. To the extent that this transaction does not cause any financial harm to the remaining rate payers inside and outside the City, the County Attorney's Office sees no reason why the Indian River County Board of County Commissioners (the "Board") should not support the FPL proposal. Approved for August 16, 2016 BCC Meeting County Attorney's Matters COUNTY ATTORNEY Indian River Co. Ap ved Date Admin. 1 (0 Co. Atty. Budget �A.( Department Risk Management --- --- FPAlw—y L ,da GENER4EB C C Agenda A1,m FPL Pa ial Salndx 687 ^7 The County Attorney's Office seeks guidance from the Board as to whether the Board wishes to explore avenues of a transaction on similar terms involving those electric customers who are located within the unincorporated area of Indian River County. RECOMMENDATION. As long as the FPL transaction leaves the remaining City customers financially whole, the County Attorney's Office recommends that the Board vote to support the FPL offer. Additionally, the County Attorney's Office recommends that the Board authorize the County Attorney's Office to explore options, if possible, for a similar transaction for the remaining electric customers who are located within the unincorporated area of Indian River County. F.`A11omeyyinda%GENER4L 8 C CAgenda A1emos,FPL P etial Sale.do 688 Dylan Reingold, County Attornev William K. DeBraal, Deputy County attorney Kate Pingolt Cotner, assistant County attorney Cowdty Attorney's Matters - B. CC 8.16.16 Office of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners ATTORNEY FROM: Dylan Reingold, County Attorney n� DATE: August 2, 2016 SUBJECT: Resolution Establishing Honorary Position of Indian River County Poet Laureate BACKGROUND. On July 12, 2016, the Indian River County Board of County Commissioners (the "Board") voted to establish an honorary position of Indian River County Poet Laureate. At the Board meeting, the Board agreed to accept the selection for the position made by the Laura (Riding) Jackson Foundation, Inc. Laura (Riding) Jackson was an American poet, critic, novelist, essayist and short story writer, who died in 1991 in Wabasso. The Laura (Riding) Jackson Foundation, Inc. is a local not for profit organization dedicated to preserving and interpreting the home of Laura (Riding) Jackson and promoting literary programs that nurture passion for the written word. The County Attorney's Office has drafted the attached resolution establishing the position and accepting the selection for the position made by the Laura (Riding) Jackson Foundation, Inc. FUNDING. There is no funding associated with this item. RECOMMENDATION. The County Attorney's Office recommends that the Board pass the resolution. ATTACHMENT. Proposed resolution Approved for August 16, 2016 BCC Meeting County Attorney's Matters COUNTY ATTORNEY F : ,Atto.nry'Li to GE.\'ERAL'.B C C.4gn.d..V,— P«I /—nasal Indian River Co. Ap ve Date Admin. 11 Co. Atty. Budget Department — Risk Management Col -IR RESOLUTION NO. 2016- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING THE HONORARY POSITION OF INDIAN RIVER COUNTY POET LAUREATE; AND AGREEING THAT THE LAURA (RIDING) JACKSON FOUNDATION, INC. WILL PRESENT INDIVIDUAL(S) QUALIFIED FOR SUCH HONORARY POSITION TO THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY FOR APPOINTMENT. WHEREAS, Laura (Riding) Jackson was a recognized American poet, critic, novelist, essayist and short story writer, who resided in Wabasso, Florida (Indian River County) until her death in 1991; and WHEREAS, the Laura (Riding) Jackson Foundation, Inc. is a local Section 501(c)(3) not-for- profit organization dedicated to preserving and interpreting the home of Laura (Riding) Jackson and promoting literary programs that nurture passion for the written word; and WHEREAS, the Laura (Riding) Jackson Foundation, Inc. desires to recognize a citizen of Indian River County who promotes poetry in our community to serve as the honorary Indian River County Poet Laureate; and WHEREAS, the Laura (Riding) Jackson Foundation, Inc. will recommend the inaugural poet laureate and thereafter establish a juried process for applications from Indian River County residents who wish to be considered for the honorary Indian River County Poet Laureate position. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: 1. The Indian River County Board of County Commissioners hereby establishes the honorary position of Indian River County Poet Laureate, a four-year term, beginning September 1, 2016; 2. The Indian River County Board of County Commissioners agrees to hereby recognize the selection by the Laura (Riding) Jackson Foundation, Inc. as the Indian River County Poet Laureate; The foregoing Resolution was offered 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 Peter D. O'Bryan Commissioner Wesley S. Davis Commissioner Tim Zorc 690 RESOLUTION NO. 2016 - The Chairman thereupon declared the Resolution duly passed and adopted this 161h day of August, 2016. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approved as to form and legal sufficiency: Dylan Reingold County Attorney 2 INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS L -3J Bob Solari, Chairman 691 BCC August ITEM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: July 21, 2016 SUBJECT: Optional Sales Tax and the Lagoon FROM: Commissioner Bob Solari AGENDA 16, 2016 14.A (1) For years returning the Indian River Lagoon to good health has been a major goal of this Commission. The County has been a leader in the removal of Nitrogen and Phosphorus from waters, which otherwise would have further polluted the Lagoon. Cutting edge projects like the Egret Marsh, Spoonbill Marsh and the Osprey Marsh are on track to remove over 50,000 pounds of Nitrogen and 10,000 pounds of Phosphorus, which otherwise would be damaging the Lagoon. Additionally, the County is working on some exciting new projects, which will further aid the Lagoon. It is clear, however, that that not only is there a lot more work that needs to be done but that the vast majority of the citizens want us to continue the County's efforts to restore the Lagoon to good health. This work will have a significant cost. I would like to discuss with the Board the use of some of the optional sales tax proceeds. I would propose that we commit to spending 20% of the proceeds raised by the Optional Sales Tax, if it is renewed by the voters, for the first five years of its renewal, on projects that will help return the Lagoon to good health. I understand that the present Board cannot bind future Boards, but I believe that such a commitment by the present board would be an appropriate next step in the leadership that this board has shown in restoring the Lagoon to good health. 692 BCC AGENDA August 16, 2016 ITEM 14.A (2) INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: July 21, 2016 SUBJECT: Blue Tube at the Beaches FROM: Commissioner Bob Solari Blue Tubes are going up at a lot of Beaches. It allows people to put their clean, used plastic bags in an attractive container so that others can use the bag to pick up trash on the beach. The tubes are now at COVB beaches and I wanted to see if the board would like to participate in the project. Thank you. 693 Are Your Beaches BlueTubeTm Beaches? BlueTubes are bright blue, easy -to -spot containers that hold bags. They are placed at beach cross overs so people can grab a bag on their way to the beach, pick up trash, and throw it away in the garbage cans at beaches. Beach goers donate their clean, used plastic bags to the container, and the cycle continues. I« w , v .xAFlD2gl herr iakr Abaq 1" 4 n a t)'Aq.. f'tLf: 113+' Blue Tube" ■ Join the growing list of communities with BlueTubes on their beaches. ■ There is nothing to buy. ■ Sponsors pay for BlueTubes, fund research and raise awareness of plastic in the ocean. ■ Beach goers clean beaches and replenish bags. For more information on bringing BlueTubes to your beaches: Visit: www.BlueTubeBeach.org Call: +1 (321) 265-4604 Email: info@BlueTubeBeach.org BlueTulae Inc. is a 501(c)3 company August 16, 2016 ITEM 14.A (3) INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM To: Members of the Board of County Commissioners Date: August 10, 2016 Subject: Senator Negron's Reservoir Plan From: Bob Solari, District 5 I would like to discuss whether the Board would like to draw up a resolution in support of Senator Negron's Reservoir Plan. Imp BCC AGENDA August 16, 2016 ITEM 14.6.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM T0: Members of the Board of County Commissioners DATE: August 5, 2016 SUBJECT: Ordinance Regarding County Right -of -Way and Pedestrian Use for Activities FROM: Joseph E. Flescher, Vice Chairman Commissioner, District 2 In light of the recent Supreme Court decision in Reed vs. Town of Gilbert, I request an open discussion for consideration of directing staff to review the County Ordinance regarding County right-of-way and pedestrian use for activities. Background materials are provided for reference. 696 Indian River County, FL Code of Ordinances Section 312.06. - Prohibited activity. Pagel of 3 1. Except as provided in section 312.05, it shall be unlawful and subject to penalties provided herein for any person, corporation, or utility company, public or private to: (a) Construct, alter, arrange for, authorize, or participate in any construction or placement of fill, pavement, driveway, vegetation, signs, or structures, or any encroachment, in the county owned land, right-of-way, easement or drainage facility, without first obtaining a valid right-of-way permit and paying all necessary fees. (b) Construct any roadway, or drainage improvements, or structures in a county right-of- way, or easement which do not conform to requirements set forth in the publications listed in Section 312.08, or not otherwise approved by the public works director. (c) Obstruct or damage facilities in a county right-of-way; or impair use of the right-of-way, easement, or county land by the parking, placement, of vehicles, debris, fill or other structures in the county owned land, right-of-way, or easements. (d) Use the county right-of-way for the movement of over -sized and/or overweight vehicles or structures without first obtaining a valid right-of-way use permit. Over -sized and overweight vehicles are defined in Chapter 316, Florida Statutes. (e) Provide for the direct connection of any fluid discharge from a swimming pool, water softener, washing machine, or any mechanical device, into county rights-of-way, easement or public land. (f) Install water, sewage, gas, power, telephone, cablevision, or other utilities along county rights-of-way, easements, or county land without obtaining an authorized license as described in Chapter 125.42, Florida Statutes. (g) Install any unauthorized sign, utility, shrub, obstruction or structure within four (4) feet of the curb line or fourteen (14) feet from edge of uncurbed pavement or if those limitations cannot be met then the installation shall be as far from the edge of the pavement as possible but shall be within the right-of-way. See Figure 1, section 312.19. (h) Install fixed objects or vegetation which obstructs vision at the intersection of public roadways such that sight distance is less than prescribed by the Manual on Uniform Standards for Design, Construction and Maintenance for Streets and Highways, latest edition by the Florida Department of Transportation. The county has the right to enforce sight distance requirements where existing conditions are causing a hazardous condition. 697 about:blank 8/10/2016 Indian River County, FL Code of Ordinances Page 2 of 3 Use certain roadways and structures for the through movement of vehicles exceeding five thousand (5,000) pounds if such roadways are signed "no trucks over 5,000 Ib. empty weight." 0) Install any water well or septic system within the county right-of-way without license and pursuant to Resolution 90-75. (k) Perform work in any county right-of-way without proper traffic control. (1) Leave any trash, junk or debris within the right-of-way, other than that placed for regular garbage pick up. (m) Conduct any sales or business in the right-of-way. (n) Use any county roadway for processions, races, street dances, street parties, assemblies and parades without first obtaining approval of a traffic control plan by the public works director and obtaining a valid right-of-way permit and paying all necessary fees. (o) Beg, peddle, solicit, or canvass on any right-of-way as defined in section 312.04(6) other than a sidewalk as defined in section 312.04(7). 2. It shall be unlawful for any person to stop, stand, or park any motor vehicle, except in emergency situations or in compliance with the direction of a law enforcement officer or traffic control device in the following manner: (a) Alongside any curb which has been painted yellow or red; (b) In such manner that any part of such vehicle is protruding over a sidewalk, bike path, or any part of the sidewalk bike path area, or roadway. (c) In any county right-of-way where signs are posted prohibiting parking or in any manner contrary to the express direction printed upon a regulatory sign; (d) In the county right-of-way for forty-eight (48) continuous hours; (e) To perform maintenance or repairs on a motor vehicle in the right-of-way unless said repairs are performed on a disabled or inoperable vehicle on an emergency basis in order to remove that vehicle from the right-of-way. In the event an automobile is disabled or inoperable, and cannot be repaired immediately, said vehicle shall be removed from the right-of-way within forty-eight (48) hours from the time it was initially parked. (f) 698 about:blank 8/10/2016 Indian River County, FL Code of Ordinances Page 3 of 3 To park any motor vehicle on any county or state road right-of-way when such roadway is designated in the county comprehensive plan as an arterial, primary collector, or secondary collector, unless said vehicle is parked in an area specifically designated for parking of vehicles or is disabled or inoperable, in which event said vehicle shall be removed as soon as practicable. (g) In violation of the Traffic Control Law, Chapter 316, Florida Statutes. (Ord. No. 91-44, § 1, 10-15-91; Ord. No. 97-15, § 1(2), 4-22-97) 699 about:blank 8/10/2016 Indian River County, FL Code of Ordinances Section 312.04. - Definitions. Page 1 of 1 (1) Bikeway: Any road, path, or way which in some manner is specifically designated as being open to bicycle travel, regardless of whether such facilities are designated for the exclusive use of bicycles or are to be shared with other transportation modes. (2) Driveway: That portion of the right-of-way used for ingress and egress to the abutting private property from the street. (3) Easement: The legal right granted to a party to cross or use part of the land for public purposes. This may be for utilities, line -of -sight, pole lines, or scenic purposes. (4) Encroachment: Any object of use occupying any portion of a public right-of-way which is not allowed by this chapter or is not allowed by reason of a permit having been granted by the county. (5) Public works director: The county public works director or his authorized representative. (6) Right -of -Way: The land owned or controlled by the county over which the public has a right of passage, including the streets, sidewalks, bikeways, and driveways constructed thereon. (7) Sidewalk: A walkway intended primarily for pedestrians on one (1) or both sides of a public street. (8) Street: The area of the public right-of-way which is intended for normal vehicular traffic, including paved or unpaved roadways but not including services entrances or driveways leading from the roadways onto adjoining property. (9) Utilities director: The utilities director or his representative. (10) For words that are not defined in this section, the following sources shall govern in this order (a) Florida Statutes and (b) Indian River County Code. (Ord. No. 91-44, § 1, 10-15-91; Ord. No. 97-15, § 1(1), 4-22-97) 700 about:blank 8/10/2016 ORDINANCE NO. 0-16-02 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA; PROHIBITING SOLICIATIONS, SELLING AND DISTRIBUTING TO MOTOR VEHICLES AT SPECIFIED INTERSECTIONS; PROVIDING LEGISLATIVE FINDINGS; REPEALING CONFLICTING PROVISIONS; PROVIDING SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA: Section 1. Section 66-5.1 of the Land Development Code of the City of Sebastian, Florida, is hereby created to read as follows: Chapter 66 NUISANCES "Sec. 66-5.1 Solicitation, Selling or Distributing to Motor Vehicles. (a) Legislative Findings. The City Council of the City of Sebastian, in the exercise of its legislative discretion, finds and determines as a matter of fact that the busiest and most dangerous intersections within the City are those intersections controlled by traffic lights. It is at these intersections that drivers need to be most alert and more aware of their surroundings, including other motor vehicles, bicyclists, pedestrians and the signals of traffic control devices. People walking outside of the pedestrian crosswalks and between lines of temporarily stopped vehicles in an effort to solicit money or sell or distribute items create an unnecessary distraction and pose an unacceptable heightened risk and danger to the public health, safety and welfare. (b) Violation. It is unlawful and a violation of this ordinance for any person to solicit money for any cause, to sell any goods or services, or to distribute or attempt to distribute any item to the operator or any occupant of a motor vehicle at any of the following intersections in the City of Sebastian: Jackson Street & US #1 Main Street & US #1 Sebastian Blvd/CR 512(W) & US #1 Sebastian Blvd/CR 512(E) & US #1 701 The Mayor thereupon declared this Ordinance duly passed and adopted this 13th day of t 7 ;, 2016. CITY OF SEBASTIAN, FLO IDA By: /� / `/ , ;1"e I Bob McPartlan, Mayor ATTEST: J ' nette Williams, MMC City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian only. Robert A. Ginsburg, City Attorney 702 7/29/2016 Vero Beach, FL Code of Ordinances Sec. 54-44. - Sales or solicitation. It shall be unlawful for any unauthorized person in any park to sell or offer for sale any object or interest, or to solicit for alms, contributions, any business, or professional purposes, except insofar as the first amendment of the United States Constitution so permits. (Code 1982, § 14.20; Ord. No. 84-26, § 2, 10-16-1984) Cross reference— Sales and solicitations, ch. 62. Chapter 62 - SALES AND SOLICITATIONSM Footnotes: --- (1) --- Cross reference— Sales or solicitation in parks, § 54-44; occupational license tax, § 70-61 et seq. ARTICLE I. - IN GENERAL Sec. 62-1. - Selling goods on streets or sidewalks. It shall be unlawful for any person to use or occupy any portion of any public square, park, street, or sidewalk for the purpose of exhibiting, selling, or offering for sale any goods, wares, or merchandise within the corporate limits of the city without a permit issued by the city manager. (Code 1982, § 34.04; Ord. No. 84-26, § 1, 10-16-1984) Secs. 62-2-62-30. - Reserved. ARTICLE II. - HANDBILLS Sec. 62-31. - Distribution generally. All handbills, as defined in this article, distributed within the corporate limits of the city shall be distributed in accordance with the regulations set forth in this article. (Code 1982, § 37.01; Ord. No. 84-26, § 1, 10-16-1984) Sec. 62-32. - Definitions. The following words, terms and phrases, when used in this article, have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: haps:l/www.miarcode.comAibrary/fl/vero beach/codes/code of ordinances?nodeki=SPAGEOR_CH54PARE ARTIIUSPAREAR DIVIGE S54-44SASO# 1/11 703 7/29/2016 Vero Beach, FL Code of Ordinances Commercial handbill means and includes any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, magazine, bumper sticker, booklet, or any written matter or literature, except newspapers, which: (1) Advertises any merchandise, product, service, commodity, or thing; (2) Directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interests thereof by sale, lease, benefit, gift, or other promotion; (3) Directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any kind, for which an admission fee is charged for the purpose of private gain or profit; or (4) While containing reading matter other than advertising matter, is essentially and predominantly an advertisement and is distributed or circulated for advertising purposes or for the private benefit and gain of any person or entity so engaged as advertiser or distributor. Distribute means and includes the depositing, placing, throwing, or carting of handbills. Newspaper means and includes any newspaper of general circulation as defined by general law, any newspaper duly entered with the post office department of the United States in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law and including any periodical or current magazine published with not less than four issues per year, and sold to the public. The term "newspaper" shall not include a publication that is essentially and predominantly advertising with some capsule news items which does not have regular subscribers and is distributed without cost to the recipient. Noncommercial handbill means any other printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, bumper sticker, magazine, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter or literature not included in the definition of "commercial handbill" or "newspaper." Private premises means any dwelling, house, building, or other structure designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule, or mailbox belonging or appurtenant to such dwelling, house, building, or other structure. Public place means any and all streets, boulevards, avenues, lanes, alleys, or other public rights-of-way, and any and all public parks, squares, spaces, plazas, grounds and buildings, and any commercial business establishment or shopping center to which the public is regularly invited. (Code 1982, § 37.02; Ord. No. 84-26, § 1, 10-16-1984) Cross reference— Definitions and rules of construction, § 1-2. https:/Avww.mLiNcode.com/Iibrary/fltvero beach/codes/code of ordinances?nodeld=SPAGEOR_CH54PARE ARTIIUSPAREAR_DIVIGE S54-44SASO# 2111704 7/29/2016 Vero Beach, FL Code of Ordinances Sec. 62-33. - Distribution in public places. (a) No handbills, commercial or noncommercial, shall be distributed: (1) On public rights-of-way which are used as highways, streets, roads, or alleys, median strips in such rights-of-way and public parking lots; (2) By sale on public property; or (3) On public property other than by personal delivery to a person wishing to receive the handbill. (b) No handbills, commercial or noncommercial, shall be distributed: (1) Between the hours of 9:00 p.m. and 9:00 a.m. of the following day; (2) In any manner in public parks or on beach land; (3) By persons any closer than 150 feet from another person distributing the same handbill or working for the same principal; (4) By persons walking along with the intended recipient, but must be distributed instead from a stationary position; (5) By insisting that a person take such a handbill if that person has already declined the offer. (Code 1982, § 37.03; Ord. No. 84-26, § 1, 10-16-1984) Sec. 62-34. - Distribution on private premises. (a) It shall be unlawful for any person to distribute any handbill in or upon any private premises which are or appear to be temporarily or continuously uninhabited or vacant. If two or more handbills are in a receptacle, inside a door, on a porch, or are otherwise visible on the premises, such premises shall be considered vacant; however, the presence of unretrieved handbills shall not be the exclusive indication of uninhabited or vacant premises. (b) It shall be unlawful for any person to distribute any handbill or newspaper in or upon any private premises if requested in writing by the owner or lessee of the premises not to do so. (c) It shall be unlawful for any person to distribute any handbill in or upon any private premises that is conspicuously posted "No Trespassing," "No Peddlers or Agents," "No Advertisement," "No Handbills," or any similar notice, indicating in any manner that the occupants of such premises do not desire to have their right of privacy disturbed. (Code 1982, § 37.04; Ord. No. 84-26, § 1, 10-16-1984) Sec. 62-35. - Distribution in vehicles. It shall be unlawful to distribute any handbill in or upon any motor vehicle. The provisions of this section shall not prohibit the handing of any handbill to the driver or other occupant of any motor vehicle who is willing to accept the handbill. (Code 1982, § 37.05; Ord. No. 84-26, § 1, 10-16-1984) https://www.mLo icode.comAibrary/flNero beach/codes/code of ordinances?nodeld=SPAGEOR_CH54PARE ARTIIUSPAREAR_DIV1GE S54-44SASO# 3/11705 7/29/2016 Vero Beach, FL Code of Ordinances Cross reference— Traffic and vehicles, ch. 74. Sec. 62-36. - Exemptions. The provisions of this article shall not apply to: (1) The distribution of mail by the United States Postal Service. (2) Newspapers, magazines, or other reading material for which a person has subscribed. (3) Distribution of the sponsor's handbills on the sponsor's premises. (Code 1982, § 37.07; Ord. No. 84-26, § 1, 10-16-1984) Secs. 62-37-62-60. - Reserved. ARTICLE lll. - PEDDLER, CANVASSER, TRANSIENT MERCHANT[21 Footnotes: --- (2) --- State Law reference— Home solicitations, F.S. § 501.021. DIVISION 1. - GENERALLY Sec. 62-61. - Definitions. The following words when used in this article have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Canvasserand solicitormean any person traveling either by foot, vehicle or other conveyance, from place to place, taking or attempting to take orders for the sale of goods, wares and merchandise or personal property of any nature whatsoever, for future delivery, or for services to be furnished or performed in the future, whether or not the person has, carries or exposes for sale a sample of the subject of the sale, or whether he is collecting advance payments on the sales or not; and any person who, for himself, or for another person, hires, leases, uses or occupies any building, structure, car, room, shop or any other place within the city, for the sole purpose of exhibiting samples and taking orders for future delivery. Peddler means any person who during the course of selling travels by foot, vehicle or any other type of conveyance from place to place, carrying or transporting goods, wares or merchandise, offering and exposing the goods, wares or merchandise for sale or making sales and delivering articles purchased. Any person who travels from place to place to set up a temporary sales stand to sell or offer for sale from his person or from any vehicle, sales stand or other conveyance; and any person who solicits orders and as a haps://www.municode.comAibrary/fl/vero beaclVcodes/code of ordinances?rmodeld=SPAGEOR CH54PARE ARTIIUSPAREAR_D1V1GE S54-44SAS0# 4/11 706 7/29/2016 Vero Beach, FL Code of Ordinaries separate transaction, makes deliveries to purchasers as a part of a scheme or design to evade the provisions of this article, shall be deemed a peddler, and such activity shall be prohibited within the city. The term "peddler" shall include the terms "hawker" and "huckster." Timeshare off -premises solicitor means a person who, while off the premises of the timeshare property, solicits persons to go to the timeshare property to hear a sales presentation for the purchase of a timeshare unit. The off -premises solicitor often promises a prize, gift, or free meal for attending the sales presentation. Transient vendor and transient merchant mean a person who sells commodities from private premises but remains at one place for the purpose of selling for temporary periods only of not more than eight weeks. (Code 1982, § 37.11; Ord. No. 84-26, § 1, 10-16-1984; Ord. No. 87-25, § 1, 4-21-1987; Ord. No. 89-22, § 1, 4- 18-1989) Cross reference— Definitions and rules of construction, § 1-2. Secs. 62-62-62-80. - Reserved. DIVISION 2. - PERMIT Sec. 62-81. - Required. It shall be unlawful for any person engaged in business as a peddler, canvasser, solicitor, transient vendor, or transient merchant, as defined in this article, to engage in any such business within the corporate limits of the city without first obtaining and having in personal possession a valid, current permit issued pursuant to this article and the requisite business tax receipt. (Code 1982, § 37.10; Ord. No. 84-26, § 1, 10-16-1984; Ord. No. 2006-21, § 19, 11-21-2006) Sec. 62-82. - Application procedures. (a) Any person applying for a permit as required by this article shall file a sworn written application on forms provided by the city with the chief of police requesting the issuance of a permit. The application shall provide the following information: (1) Name, personal identification description, permanent residence, and complete local home and business address of applicant; (2) Number of valid city business tax receipt, if required, and the name issued to; (3) Description and license number of vehicles to be used in solicitation; https:Nwww.mL6code.comAibrarytfltvero beactVcodes/code of ordinances?nodeld=SPAGEOR CH54PARE ARTIIUSPAREAR_DIV1GE_S54-44SASO# 5/11 707 7/29/2016 Vero Beach, FL Code of Ordinances (4) Business name and address of company represented and complete name and address of immediate supervisor with credentials establishing applicant's exact relationship; (5) The length of time business is to be conducted in the city; (6) Description of the nature of solicitations to be made and goods, wares, merchandise, or services to be offered; (7) The location, manufacturer or fabricator of goods, wares, or merchandise to be offered; (8) A statement of any convictions, nolo contendere pleas, or forfeitures for violating any local, state or federal law, excluding traffic fines of $50.00 or less, the nature and location of the offense, and the penalty imposed; (9) Satisfactory proof of identity and fingerprints; (10) Names, address and date of birth of each person engaged in such solicitation; (11) Such other information as may be deemed pertinent in determining the suitability of an applicant for a permit. (b) The chief of police shall determine if the applicant has an arrest warrant outstanding. (c) Any change in status of a permittee which renders the information on the application inaccurate must be shown by an amended sworn application. No fee shall be charged for any such amendment. (d) In addition to any other sanctions that may be imposed, the falsification of any information on the application or failure to keep status current shall constitute grounds for denial, suspension, or revocation of the permit. (Code 1982, § 37.12; Ord. No. 84-26, § 1, 10-16-1984; Ord. No. 2006-21, § 20,11-21-2006) Sec. 62-83. - Application fee; term of permit. (a) The application fee for any permit or renewal thereof under this article shall be as established by resolution. (b) The permit shall be valid for a one-year period from the date of issue. (Code 1982, § 37.13; Ord. No. 84-26, § 1, 10-16-1984) Sec. 62-84. - Prohibitions. (a) It shall be unlawful for any peddler, canvasser, solicitor, transient vendor, transient merchant, or timeshare solicitor, as defined in this article, to: (1) Enter the premises of a private residence for business purposes when there is posted a "No Solicitors," "No Trespassing," "No Peddlers," or "No Agents," or any similar notice, indicating in any manner that occupants of such premises do not desire to have their right of privacy disturbed. (2) Remain upon any residential premises after the owner or occupant requests the person to depart. (3) Conduct business before 9:00 a.m. and after 9:00 p.m. and on Saturdays or Sundays at any time. (4) To approach side or rear doors or the sides or rear of residential premises. hltps:dwww.mtmicode.comllibrary/flNero beach/codes/code_of ordinances?nodeld=SPAGEOR_CH54PARE ARTIIUSPAREAR_DIVIGE_S54-44SASO# 6/11 708 7/29/2016 Vero Beach, FL Code of Ordinances (5) To refuse or fail to exhibit his solicitor's permit identification card upon request by any law enforcement officer or citizen solicited. (b) It shall be unlawful for any person to beg, peddle, or canvass on any right-of-way, other than the following: (1) On public sidewalks; (2) On median strips within any road right-of-way so long as such strips: a. Have curbs constructed as "nonmountable"; and b. Measure 15 feet from outside face to outside face of such curbs. (Code 1982, § 37.14; Ord. No. 84-26, § 1, 10-16-1984; Ord. No. 87-25, § 1, 4-21-1987; Ord. No. 94-18, § 2, 11- 15-1994) Sec. 62-85. - Badges. The chief of police shall issue each peddler, canvasser, solicitor, transient vendor or transient merchant a picture identification badge which shall be worn, while soliciting, on the front outer garment of the permittee at chest level in such a manner as to be conspicuous. (Code 1982, § 37.15; Ord. No. 84-26, § 1, 10-16-1984) Sec. 62-86. - Timeshare off -premises solicitation. In addition to the requirements of this article, timeshare off -premises solicitation shall be required to follow the restrictions in section 62-33. (Code 1982, § 37.16; Ord. No. 87-25, § 1, 4-21-1987) Secs. 62-87-62-110. - Reserved. Editor's note— Ord. No. 2008-21, § 2, adopted Nov. 18, 2008, repealed § 62-87 which pertained to sale of Christmas trees and derived from § 37.17 of the 1982 Code; Ord. No. 87-80, § 1, adopted Dec. 1, 1987; and Ord. No. 00-24, § 2, adopted Oct. 17, 2000. ARTICLE IV. - RELIGIOUS AND CHARITABLE SOLICITORS[3j Footnotes: ... (3) --- State Law reference— Charitable solicitations, F.S. ch. 496. Sec. 62-111. - Registration required. https://www.mLi icode.comAibraryMtvero beachlcocies/code of ordinances?nodeld=SPAGEOR_CH54PARE ARTIIUSPAREAR_DIV1GE_S,%44SASO# 7/11 709 7/29/2016 Vero Beach, FL Code of Ordinances It shall be unlawful for any person in the city to go from door to door to solicit donations or sell material on behalf of a religious or charitable organization or on behalf of a person without having registered with the city police department. (Code 1982, § 37.20; Ord. No. 84-26, § 1, 10-16-1984) Sec. 62-112. - Method of registration. (a) The supervisor of the group of religious or charitable solicitors shall appear in person with proper identification to the police department and complete a registration form giving the group leader's name, address, telephone number, and the names of all members in the group. (b) The group leader shall set forth the general boundaries where the group will be soliciting and the days and hours of soliciting. (c) All members of the group shall carry an official identification card issued by the church or charity. If the church or charity does not issue an official identification card, it shall be necessary for each member of the group to appear in person and comply with subsection (a) of this section. The police department shall issue an identification card. (d) If solicitation is by an individual, as distinguished from a group effort, then the registration procedures of this section shall apply to the individual with the necessary changes in points of detail to effect individual registration. (Code 1982, § 37.21; Ord. No. 84-26, § 1, 10-16-1984) Sec. 62-113. - Prohibitions. (a) It shall be unlawful for any person registered under this article to: (1) Enter the premises of a private residence for religious or charitable solicitation purposes when there is posted a "No Solicitors," "No Trespassing," "No Peddlers," or "No Agents," or any similar notice, indicating in any manner that occupants of such premises do not desire to have their right of privacy disturbed. (2) Remain upon any residential premises after the owner or occupant requests the person to depart. (3) Conduct solicitations before 9:00 a.m. and after 9:00 p.m. and on Sundays at any time. (4) To approach side or rear doors or the sides or rear of residential premises. (S) To refuse or fail to exhibit his religious or charitable official identification card upon request by any law enforcement officer or citizen solicited. (b) It shall be unlawful for any person to solicit donations or sell material on behalf of a religious or charitable organization or on behalf of any person on any right-of-way other than the following: (1) On public sidewalks; (2) On median strips within any road right-of-way so long as such strips: ht"://www.municode.com/library/fl/vero beachlcodes/code of ordinances?nodeld=SPAGEOR_CH54PARE ARTIIUSPAREAR DIVIGE S54-44SASO# 8/11 710 7/29/2016 Vero Beach, FL Code of Ordinances a. Have curbs constructed as nonmountable; and b. Measure 15 feet from outside face to outside face of such curbs. (Code 1982, § 37.22; Ord. No. 84-26, § 1, 10-16-1984; Ord. No. 94-19, § 2, 11-15-1994) Secs. 62-114-62-140. - Reserved. ARTICLE V. - HOUSEHOLD SALES Sec. 62-141. - Definition. The term "household sale," as used in this article, means the retail sale of old, used, or unwanted household articles of property and other personal effects displayed or offered for sale from or on any residence or group of residences within the same neighborhood. The term includes, but is not limited to, sales which may be advertised or characterized as "garage," "lawn," "yard," "attic," "porch," "room," "backyard," "patio," "fleamarket," "tag," "estate," "household," and "rummage" sales. The display for sale of motor vehicles or boats shall not constitute a "household sale." (Code 1982, § 34.09(a); Ord. No. 93-15, § 1, 8-17-1993) Cross reference— Definitions and rules of construction, § 1-2. Sec. 62-142. - Regulation of sales; signs. (a) Conditions. Household sales are permitted under the following circumstances: (1) The sale is conducted for no more than three consecutive days; (2) The sale is the first, second, or third sale conducted from the residence during the calendar year; (3) The sale is conducted only during normal daylight hours; (4) The sale includes only property which is owned, utilized, and maintained by a household and which was acquired in the normal course of living within or maintaining a residence; and (5) The sale excludes food and beverages, and property which was purchased solely for resale, or which was obtained on consignment. (b) Signs. Signs shall be permitted as specific in part III, land development regulations, chapter 38, pertaining to signs. (Code 1982, § 34.09(b); Ord. No. 93-15, § 1, 8-17-1993) Secs. 62-143-62-170. - Reserved. ARTICLE VI. - PRICE CONTROL DURING EMERGENCIESI41 hMX://www.municode.comAibrary/fl/vero beach/codes/code of ordinances?nodeld=SPAGEOR_CH54PARE ARTIIUSPAREAR_DIVIGE_S54-44SASO# 9/11 711 7/29/2016 Vero Beach, FL Code of Ordinances Footnotes: --- (4) -- State Law reference— Prohibition against unconscionable price during a declared state of emergency, F.S. 3 501.160. Sec. 62-171. - Application of article. This article shall be in effect when a state of emergency, as a result of or in anticipation of an imminent natural disaster, is declared by the city council. In the event that the exigencies of the situation do not permit the convening or polling of the city council, the city manager, with the concurrence of the mayor or acting mayor, may declare this article in effect. This article shall become inoperative when the emergency is declared over by the city council. (Code 1982, § 396.01; Ord. No. 89-78, § 1, 12-5-1989) Sec. 62-172. - Purpose. If the city is subjected to a natural disaster, probably in the form of a hurricane, many will be left homeless, without water, food, and electrical power. The citizens of the city will be in dire need of household goods, materials, and services in order to be able to inhabit their homes and operate their businesses and to assist in rebuilding the city. The availability of goods, services, and materials to our citizens at normal predisaster prices is absolutely necessary and required for the health, safety, welfare, and comfort of the community. The selling or offering for sale of any goods, materials, or services at prices in excess of those in existence prior to the declared emergency is unconscionable, against public policy, and is inimical to rebuilding efforts that are necessary to preserve the health, safety, and welfare of the community. (Code 1982, § 396.02; Ord. No. 89-78, § 1, 12-5-1989) Sec. 62-173. - Prohibited activities. It is unlawful to sell or offer to sell any goods, services, or materials at an unconscionable price in excess of those prices for the same or similar goods, services, or materials that were in effect immediately prior to the declaration of emergency; provided, however, that if it can be demonstrated by the seller that the seller's cost of the particular goods, services, or materials has increased since the declaration of emergency and that the price at which these goods, services, or materials are now being sold or offered is a reasonable reflection of the increased cost to the seller, such sale or offering for sale shall not be unlawful. (Code 1982, § 3913.03; Ord. No. 89-78, § 1, 12-5-1989) Sec. 62-174. - Evidentiary standards and defenses. https://www.municode.comAibrary/fi/vero beactVcodes/code of ordinances?nodeld=SPAGEOR_CH54PARE ARTIIUSPAREAR_DIVIGE_S54-44SASO# 10111 712 7/29/2016 Vero Beach, FL Code of Ordinances (a) It is prima facie evidence that a price is unconscionable if: (1) The amount charged represents a gross disparity between the price of the commodity or rental or lease of any dwelling unit or self -storage facility that is the subject of the offer or transaction and the average price at which that commodity or dwelling unit or self -storage facility was rented, leased, sold, or offered for rent or sale in the usual course of business during the 30 days immediately prior to a declaration of a state of emergency, and the increase in the amount charged is not attributable to additional costs incurred in connection with the rental or sale of the commodity or rental or lease of any dwelling unit or self -storage facility, or national or international market trends; or (2) The amount charged grossly exceeds the average price at which the same or similar commodity was readily obtainable in the trade area during the 30 days immediately prior to a declaration of a state of emergency, and the increase in the amount charged is not attributable to additional costs incurred in connection with the rental or sale of the commodity or rental or lease of any dwelling unit or self -storage facility, or national or international market trends. (b) A price increase approved by an appropriate government agency shall not be a violation of this section. (c) This section shall not apply to sales by growers, producers, or processors of raw or processed food products, except for retail sales of such products to the ultimate consumer within the area of the declared state of emergency. State Law reference— Similar provisions, F.S. § 501.160(1)(b), (4), (5). Sec. 62-175. - Penalty. (a) Any violation of section 62-173 is hereby declared to be a nuisance and maybe abated by summary action of a police officer. (b) Each violation of section 62-173 is a separate and distinct offense subject to a fine as provided in section 1-14. (Code 1982, § 396.04; Ord. No. 89-78, § 1, 12-5-1989) hMx://www.murrcode.comAibraryAlNero beactdcodes/code of ordinances?nodeld=SPAGEOR_CH54PARE ARTHUSPAREAR_DIVIGE S54-44SASO# 11/11 713 14.C.1 August 16, 2016 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: August 1, 2016 SUBJECT: County Program for Job Mentoring FROM: Wesley S. Davis Commissioner District 1 I kindly request your consideration in directing staff to create, develop and implement a county -wide job mentoring program which offers on-the-job training by the County to young adults with intellectual and developmental disabilities. The vision for the program would be to connect experienced public servants with young adults with mental or physical disabilities and assist the youths in establishing techniques and thought-provoking and creative processes to guide them in securing job skill sets for future employment opportunities. The Arc of Indian River County would partner with the County and pay for potential candidate placement with the County through a licensed vocational rehabilitation facility. The County's responsibility would include job coaching and supervising/mentoring candidates for a period no longer than 5 weeks. Attachment: Florida Division of Vocational Rehabilitation on the Job Training Plan & Agreement 714 FLORIDA DIVISION OF VOCATIONAL REHABILITATION vocational ON-THE-JOB TRAINING PLAN & AGREEMENT Re/inbilit411011 I The following plan and agreement have been developed collaboratively between the Provider, the Customer, and the Employer: ON-THE-JOB TRAINING PLAN Customer Name: Customer ID Number: Referral Date: Referral Acceptance Date: Targeted Employment Outcome: Type of OJT Desired: Anticipated Area(s) of Skill Development: How Desired OJT Relates to targeted employment outcome: Types of Business to be pursued for the desired OJT: ON-THE-JOB TRAINING AGREEMENT (the Provider) and (the Employer), located at mutually agree that (VR Customer) will participate in an On -the -Job Training OJT) experience as an Employee/Trainee for the purpose of gaining practical knowledge and experience in the occupation of The Customer will be paid at the rate of $ per hour for a maximum of forty (40) hours per week. (Note: The hourly wage rate indicated should be minimum wage or higher. However, pre-employment transition services, such as Project Search, which provide unpaid work experiences to transitioning youth, are exempt from this minimum wage requirement.) The Employer agrees that the OJT experience will be provided subject to the following conditions, if any: 1. 2. 3. 4. ❑ By checking this box, the Provider indicates that the OJT experience described herein is being provided as part of pre-employment transition services and is, therefore, exempt from the minimum wage requirement. OJT Plan & Agreement Page 1 of 3 Revised March 2015 715 FLORIDA DIVISION OF VOCATIONAL REHABILITATION Vocational ON-THE-JOB TRAINING PLAN & AGREEMENT Rehabilitation THE CUSTOMER (EMPLOYEE/TRAINEE) AGREES TO: • Work for the Employer in order to receive training and experience; • Demonstrate an interest in the job and cooperate with all persons involved in training; • Adhere to all rules and regulations of the business and act in an ethical manner at all times; • Strive to develop the knowledge and skills necessary to become and effective employee of the business; • Be punctual and in attendance on the job and at any meetings required by the Employer; • Inform the Employer, the Provider, and the VR Counselor in the event of illness or emergency that prevents attendance at work; • Not voluntarily quit or resign from the job without informing the Employer, the Provider, and the VR Counselor; and • Actively participate in the vocational rehabilitation process. THE EMPLOYER AGREES TO: • Provide instruction to the Customer (Employee/Trainee) regarding safe and correct work procedures; • Supervise the Customer's (Employee/Trainee's) work; • Ensure the Customer (Employee/Trainee) is receiving appropriate training in the anticipated areas of skills development described in the OJT Plan; THE PROVIDER AND THE EMPLOYER MUTUALLY AGREE: • To consult with the VR Counselor if Customer dismissal or layoff is anticipated; • To permit the VR Counselor to regularly review the progress of the Customer (Employee/Trainee); • To permit the VR Counselor to visit the Customer (Employee/Trainee) at the job site to provide information and counseling, as appropriate; and (check one) • ❑ That the Employer will pay the Customer (Employee/Trainee) directly and is, or will become prior to commencement of the OJT, registered with VR as an OJT Vendor. The Employer will ensure that an employment relationship exists between it and the Customer (Employee/Trainee) and, therefore, accepts the basic responsibilities of employment as defined under all applicable laws, including but not limited to, Florida's Worker's Compensation Law and the Fair Labor Standards Act. • ❑ That the Provider will serve as the Employer of Record and will pay the Customer (Employee/Trainee) and request reimbursement from VR. By choosing this option, the Provider agrees to accept basic responsibilities of employment as defined under all applicable laws, including but not limited to, Florida's Worker's Compensation Law and the Fair Labor Standards Act. OJT Plan & Agreement Page 2 of 3 Revised Morch 2015 716 iR FLORIDA DIVISION OF VOCATIONAL REHABILITATION Vocational ON-THE-JOB TRAINING PLAN & AGREEMENT Rehabilitation REQUIRED SIGNATURES: Planned Beginning Date: Customer Signature: Parent/Guardian Signature: (If applicable) VR Counselor Signature: Provider Signature: Employer Signature: Planned Completion Date: Date: Date: Date: Date: Date: OJT Plan & Agreement Page 3 of 3 Revised March 2015 717 OJT TRAINING PROGRESS REPORT FOR THE PAYROLL PERIOD FROM: TO: NAME OF EMPLOYEE/TRAINEE: PLACE OF EMPLOYMENT: NAME OF OJT EMPLOYER: PHONE: VR CUSTOMER # SUPERVISOR: VENDOR ID# WEEK--- ENDING (date) — . ---- --- TRAINEE I EMPLOYEE — NUMBER OF HOURS WORKED PER DAY @ PER HR. TOTAL HOURS TOTAL AMOUNT SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY TOTAL TOTAL AMOUNT TO BE REIMBURSED TO EMPLOYER: NOTE: Copies of paycheck stubs and/or payroll registers must be submitted to support all reimbursement requests. CHECK WITH "X" THE WORD OR WORDS BEST DESCRIBING TRAINEE PERFORMANCE PROGRESS THIS MONTH: ACCELERATED ❑ AVERAGE ❑ SLOW ❑ NO PROGRESS ❑ QUALITY OF WORK: EXCELLENT ❑ GOOD ❑ FAIR ❑ POOR ❑ COOPERATION IN TRAINING: COOPERATIVE ❑ FAIRLY COOPERATIVE ❑ INDIFFERENT ❑ NOT COOPERATIVE ❑ DIFFICULTIES (IF ANY, CHECK BELOW AND EXPLAIN BELOW): LEARNING SUBJECT MATTER ❑ FOLLOWING INSTRUCTIONS ❑ HANDLING TOOLS/MACHINES SPEED ❑ ACCURACY ❑ WITH DISABILITY ❑ WITH APPEARANCE ❑ WITH GENERAL HEALTH ❑ OTHER -DESCRIBE ❑ NARRATIVE SUMMARY: (STRENGTHS, WEAKNESSES, BARRIERS, OR SKILLS ADDRESSED) RECOMMENDATION AND JUSTIFICATION FOR CONTINUATION OF AGREEMENT (COMPLETE 30 DAYS PRIOR TO END OF OJT) PLANNED BEGIN DA' EMPLOYEEITRAINEESIGNATURE: EMPLOYER SIGNATURE: CONTRACTOR SIGNA PLANNED END DATE DATE: DATE: DATE: 718 8.16.16 BCC Agenda Additional Backup 14C1 WORK FLOW for "On -the -Job Training" Experience for Students 1. Students, ages 15-21, with disabilities qualify for Vocational Rehabilitation's (VR) Transition Youth services. 2. Once qualified, VR refers student to The Arc of Indian River County (Arc) for pre- placement employment training program, then for work -based learning experience. 3. Planning meeting is held with student, parent(s), student's VR counselor, and (Arc) staff to identify prospective opportunities, anticipated outcomes, and needed supports for work -based learning experience. 4. Arc staff identify and contact prospective employer regarding paid or unpaid work -based learning experience for qualified youth. 5. Once employer has been identified, "employer of record" is then identified for purposes of liability (role assumed by Arc except in cases where employer is already registered as a vendor with MyFlorida Marketplace). 6. Employer, student, VR and Arc sign and implement "On -the -Job Training Plan & Agreement" (copy attached). 7. OJT Training Progress Report (copy attached) is completed by employer. If work -based learning experience lasts more than 1 month, then Progress Report is completed each month. If student is paid, then copies of paycheck stubs and/or payroll registers must be submitted with OJT Training Progress Report to support all reimbursement requests. 8. Student completes work -based learning experience (approximately 40-45 hours) with job coach supports, if needed, from Arc. 08/2016 -7I3-A,- 1 Vocational Rehabilitation FLORIDA DIVISION OF VOCATIONAL REHABILITATION ON-THE-JOB TRAINING PLAN & AGREEMENT The following plan and agreement have been developed collaboratively between the Provider, the Customer, and the Employer: ON-THE-JOB TRAINING PLAN Customer Name: Customer ID Number: Referral Date: Referral Acceptance Date: Targeted Employment Outcome: Type of OJT Desired: Anticipated Area(s) of Skill Development: How Desired OJT Relates to targeted employment outcome: Types of Business to be pursued for the desired OJT: ON-THE-JOB TRAINING AGREEMENT (the Provider) and (the Employer), located at mutually agree that (VR Customer) will participate in an On -the -Job Training OJT) experience as an Employee/Trainee for the purpose of gaining practical knowledge and experience in the occupation of The Customer will be paid at the rate of $ per hour for a maximum of forty (40) hours per week. (Note: The hourly wage rate indicated should be minimum wage or higher. However, pre-employment transition services, such as Project Search, which provide unpaid work experiences to transitioning youth, are exempt from this minimum wage requirement.) The Employer agrees that the OJT experience will be provided subject to the following conditions, if any: 1. 2. 3. 4. ❑ By checking this box, the Provider indicates that the OJT experience described herein is being provided as part of pre-employment transition services and is, therefore, exempt from the minimum wage requirement. OJT Plan & Agreement Page 1 of 3 Revised March 2015 7I�-A--Dl� FLORIDA DIVISION OF VOCATIONAL REHABILITATION Vocational ON-THE-JOB TRAINING PLAN & AGREEMENT Rehabilitation THE CUSTOMER (EMPLOYEE/TRAINEE) AGREES TO: • Work for the Employer in order to receive training and experience; • Demonstrate an interest in the job and cooperate with all persons involved in training; • Adhere to all rules and regulations of the business and act in an ethical manner at all times; • Strive to develop the knowledge and skills necessary to become and effective employee of the business; • Be punctual and in attendance on the job and at any meetings required by the Employer; • Inform the Employer, the Provider, and the VR Counselor in the event of illness or emergency that prevents attendance at work; • Not voluntarily quit or resign from the job without informing the Employer, the Provider, and the VR Counselor; and • Actively participate in the vocational rehabilitation process. THE EMPLOYER AGREES TO: • Provide instruction to the Customer (Employee/Trainee) regarding safe and correct work procedures; • Supervise the Customer's (Employee/Trainee's) work; • Ensure the Customer (Employee/Trainee) is receiving appropriate training in the anticipated areas of skills development described in the OJT Plan; THE PROVIDER AND THE EMPLOYER MUTUALLY AGREE: • To consult with the VR Counselor if Customer dismissal or layoff is anticipated; • To permit the VR Counselor to regularly review the progress of the Customer (Employee/Trainee); • To permit the VR Counselor to visit the Customer (Employee/Trainee) at the job site to provide information and counseling, as appropriate; and (check one) • ❑ That the Employer will pay the Customer (Employee/Trainee) directly and is, or will become prior to commencement of the OJT, registered with VR as an OJT Vendor. The Employer will ensure that an employment relationship exists between it and the Customer (Employee/Trainee) and, therefore, accepts the basic responsibilities of employment as defined under all applicable laws, including but not limited to, Florida's Worker's Compensation Law and the Fair Labor Standards Act. • ❑ That the Provider will serve as the Employer of Record and will pay the Customer (Employee/Trainee) and request reimbursement from VR. By choosing this option, the Provider agrees to accept basic responsibilities of employment as defined under all applicable laws, including but not limited to, Florida's Worker's Compensation Law and the Fair Labor Standards Act. OJT Plan & Agreement Page 2 of 3 Revised March 2015 71 $-A iRFLORIDA DIVISION OF VOCATIONAL REHABILITATION Vocational ON-THE-JOB TRAINING PLAN & AGREEMENT Rehabilitation REQUIRED SIGNATURES: Planned Beginning Date: Customer Signature: Parent/Guardian Signature: (if applicable) VR Counselor Signature: Provider Signature: Employer Signature: Planned Completion Date: Date: Date: Date: Date: Date: OJT Plan & Agreement Page 3 of 3 Revised March 2015 71$ - A y OJT TRAINING PROGRESS REPORT FOR THE PAYROLL PERIOD FROM: TO: NAME OF EMPLOYEE/TRAINEE: PLACE OF EMPLOYMENT: NAME OF OJT EMPLOYER: PHONE: VR CUSTOMER # SUPERVISOR: VENDOR ID# WEEK ENDING (date) TRAINEE / EMPLOYEE — NUMBER OF HOURS WORKED PER DAY @ PER HR. TOTAL HOURS TOTAL AMOUNT SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY TOTAL TOTAL AMOUNT TO BE REIMBURSED TO EMPLOYER: NOTE: Copies of paycheck stubs and/or payroll registers must be submitted to support all reimbursement requests. CHECK WITH "X" THE WORD OR WORDS BEST DESCRIBING TRAINEE PERFORMANCE PROGRESS THIS MONTH: ACCELERATED ❑ AVERAGE ❑ SLOW ❑ NO PROGRESS ❑ QUALITY OF WORK: EXCELLENT ❑ GOOD ❑ FAIR ❑ POOR ❑ COOPERATION IN TRAINING: COOPERATIVE ❑ FAIRLY COOPERATIVE ❑ INDIFFERENT ❑ NOT COOPERATIVE ❑ DIFFICULTIES (IF ANY, CHECK BELOW AND EXPLAIN BELOW): LEARNING SUBJECT MATTER ❑ FOLLOWING INSTRUCTIONS ❑ HANDLING TOOLS/MACHINES SPEED ❑ ACCURACY ❑ WITH DISABILITY ❑ WITH APPEARANCE ❑ WITH GENERAL HEALTH ❑ OTHER -DESCRIBE ❑ NARRATIVE SUMMARY: (STRENGTHS, WEAKNESSES, BARRIERS, OR SKILLS ADDRESSED) RECOMMENDATION AND JUSTIFICATION FOR CONTINUATION OF AGREEMENT (COMPLETE 30 DAYS PRIOR TO END OF OJT) PLANNED BEGIN DATE PLANNED END DA' EMPLOYEEITRAINEESIGNATURE: EMPLOYER SIGNATURE: CONTRACTOR SIGNATURE: DATE: DATE: DATE: Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney isns Of CE Of Emergency Serrices District 0811612016 INDIAN RIVER COUNTY MEMORANDUM TO: Indian River County Emergency Services District THROUGH: John King, Emergency Services Director FROM: William K. DeBraal, Deputy County Attorney DATE: August 4, 2016 ATTORNEY SUBJECT: Lease of Fire Tower and Accessory Building at 43rd Avenue and 411 Street to Indian River County Historical Society, Inc. The Indian River County Emergency Services District (the District) purchased the four acre property located at the northwest corner of 43rd Avenue and 4th Street from the Florida Department of Agriculture in 2008. This was the site of the former Florida Forest Service (f/k/a Division of Forestry) work center. The property contained two single family houses, the fire lookout tower, a small office/accessory building near the base of the tower and a large garage/work shop. The site was purchased for the location of Fire Station 13 which has been constructed on the property. The two single family houses were demolished to make way for the new fire station but the tower, accessory building and the garage remain. Shortly after the purchase of the property, the Indian River County Historical Society, Inc. approached staff about leasing the tower site, the accessory building and the parking area around these structures. The District and the Historical Society entered into a Temporary License Agreement in May 2011 to stabilize and preserve the area during construction of the fire station. With the help of Ruth Stanbridge, County Historian, the Historical Society recently applied for a grant to restore the office/accessory building beneath the tower and install web cams on the tower cab. The signal from the web cams would be broadcast to monitors in the office/accessory building in order to provide a view from the top tower. The Historical Society hopes to recreate the historic method of wild fire detection in Florida through the use of the cameras and monitors. In accordance with the terms of the grant, the District and the Historical Society must enter into a lease agreement for use of the tower, office/accessory building and the parking area. COUNTY ATTORNEY IrG,a;i Rives Cn AWgr vt,i Admin. i l.�cIji Budget -11ilS Cdepi.� � (� --k Mg, 16c[.L1��L-VJC 719 Lease of Fire Tower and Accessory Building August 4, 2016 Page 12 Staff has drafted the attached lease for the property. The conditions of the lease are as follows: • The lease term is 10 years with one 10 year renewal at a rate of $1.00 per year. • Maintenance of the premises is the responsibility of the Tenant • The Tenant is responsible for the cost for an engineer to evaluate the tower and report on its soundness. • Any improvements to the leased premises are the sole financial responsibility of the Tenant and any improvements must first be approved by the District. • All contractors must be licensed and insured naming the District as an additional insured. • The lease will be modified automatically if the County needs right-of-way or property for stormwater ponds if 4311 Avenue/4th Street are expanded. The Historical Society plans on operating the exhibit to school classes, civic groups and other interested parties. The local HAM radio club has also expressed interest in putting antennae on the tower but that would be the subject of a separate agreement. Funding. There is no expenditure of District funds for this lease. Recommendation. Staff recommends the Board approve the lease with the Historical Society for the Fire Tower Parcel and the accompanying resolution and authorize the Chairman to sign the documents on behalf of the Board. Copies to: John King Historical Society Ruth Stanbridge 720 LEASE AGREEMENT THIS LEASE AGREEMENT is entered into as of the day of August, 2016 by and between the Indian River County Emergency Services District, a dependent taxing district of the Board of County Commissioners ("Landlord") whose address is 1801 271' Street, Vero Beach, FL 32960-3365 and the Indian River County Historical Society, Inc., a Florida not for profit corporation, whose address is 2336 14th Avenue, Vero Beach, FL 32960 ("Tenant"). WHEREAS, Landlord purchased the four acre property located at the northwest corner of 4311 Avenue and 41h Street in 2008, and has now constructed Fire Station 13 on the property; and WHEREAS, the property contains a fire look -out tower that was used to spot forest fires and a small accessory building at the foot of the tower and both buildings have historical value; and WHEREAS, the Board recognizes the importance and value of historical buildings and wishes to preserve their character; and WHEREAS, the Indian River County Historical Society, Inc. (Tenant) is a not for profit corporation dedicated to promote historical sites in Indian River County; and WHEREAS, Tenant proposes to install web cams on the tower and broadcast the video to screens in the renovated small accessory building to simulate what it is like to be on top of the fire tower looking for evidence of wildfires back when the tower was in its first years of existence; NOW THEREFORE, in consideration of the mutual promises and agreements set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. PROPERTY, TERM AND RENT. Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the following real property, including the fire lookout tower, the small accessory building and adjacent parking area including the facilities located thereon, which property is located at the northwest corner of 431d Avenue and 4d' Street, herein after referred to as the "Tower Parcel" and is more particularly described as follows: See Exhibit "1" attached hereto ("leased premises") The term of this lease shall be ten (10) years commencing on August 16, 2016 and terminating on August 15, 2026. The term is subject to one (1) ten (10) year renewal period upon the mutual agreement of the parties. Rent for the entire lease term shall be $1.00 per year, plus applicable sales or use tax. 721 2. USE OF PREMISES. Tenant shall use the leased premises solely as an educational exhibit for demonstrating the historical aspects of forest fire detection and wild land firefighting in Florida, and other educational purposes but for no other purposes. Without limitation, Tenant shall not use or permit any part of the premises to be used for any illegal, immoral or improper purpose, or in any manner which creates a nuisance, disturbance or annoyance to other persons or properties in the vicinity of the leased premises. 3. CLIMBING AND USE OF THE TOWER. Tenant's contractors and engineers are the only persons authorized to climb and inspect the tower. Tenant's guests, visitors, invitees or the general public are not authorized to climb the tower. Tenant shall make specific improvements to prohibit persons from climbing the tower whenever directed by Landlord. 4. HAZARDOUS MATERIALS. Tenant shall not bring upon the leased premises any materials or substances which are listed as a "hazardous material" or a "hazardous substance," or having an equivalent designation, under any applicable local, state or federal law or regulation. 5. PROPERTY LEASED "AS IS". The premises are leased in "as is" condition, without warranty or representation as to the condition or suitability of the premises or any improvements thereon. Tenant has examined the leased premises and agrees that they are acceptable and suitable for Tenant's purposes. 6. MAINTENANCE AND REPAIRS. Tenant shall maintain the interior and exterior of the leased premises including parking areas, in a safe, clean and attractive condition, and shall make all necessary repairs so that the leased premises are maintained during the term of the lease in substantially the same condition as they were at the beginning of the lease, reasonable wear and tear excepted. Tenant shall surrender the leased premises at termination or expiration of the lease, in substantially the same condition as they were at the beginning of the lease, reasonable wear and tear excepted. 7. LANDLORD'S RIGHT TO INSPECT/REPAIR. Landlord may enter and inspect the leased premises at any time upon reasonable notice to determine whether the premises are being maintained and repaired in accordance with this lease. Landlord shall have the right, but not the obligation, to make any repairs to the lease premises which Tenant has failed to make, and which, in the sole discretion of Landlord, are necessary to protect and preserve the leased premises. 8. ALTERATIONS AND IMPROVEMENTS. Tenant shall make no alterations or improvements (work) to the leased premises without the express written consent of Landlord. All work shall be carried out by licensed and insured contractors, naming the Landlord as an additional insured. a. All plans for work proposed for the accessory building shall be approved in advance by the Landlord. 2 722 b. Prior to any alterations to the tower, Tenant shall provide to Landlord a signed and sealed report from an engineer licensed in the State of Florida as to the soundness of the tower, the tower cab and the tower steps and the repair necessary to make those parts of the tower sound. The report shall specify whether installation of web cams or antennae on the tower is advisable, and if so, where the web cams or antennae should be installed. Tenant shall be responsible for all permitting necessary for any work performed on the tower. 9. INSTALLATION AND REMOVAL OF EQUIPMENT AND FIXTURES. Tenant shall have the right to install on the leased premises such equipment and other items necessary or convenient for Tenant's use of the premises. All equipment and items purchased by Tenant and placed in, on, or about the leased premises, shall remain the property of Tenant. Tenant may remove such equipment or items on or before the termination or expiration of this lease. Notwithstanding the above, if installation of any equipment or item requires any significant alteration or modification of the premises, such equipment or item shall not be installed without the express written approval of the Landlord. Also, if removal of any equipment or items causes damage to the leased premises, such equipment or item shall not be removed unless, immediately following removal, Tenant restores the premises to substantially the same condition as they were at the beginning of the lease. Tenant shall remove all of Tenant's personal property which is not attached or affixed to the leased premises prior to termination or expiration of the lease. 10. PUBLIC UTILITIES AND NON -AD VALOREM. Tenant shall pay, within time allowed for payment without penalties, all non -ad valorem taxes, all charges and fees for water, wastewater, garbage or trash removal, electricity and all other public utilities incurred with respect to the leased premises during the lease term. 11. INSURANCE. Tenant, at its own expense, shall obtain and maintain the following insurance coverages with respect to the leased premises during the lease term: 11.1 Liability Insurance. Tenant shall obtain and maintain a Tenant Comprehensive General Liability policy and a Fire Legal Liability policy, each with coverage limits of no less than $200,000 per person and $300,000 per occurrence. Indian River County Emergency Services District shall be listed as an additional named insured on each policy. 11.2. Casualty Insurance. Tenant shall obtain and maintain a fire and extended coverage casualty insurance policy with coverage limits of no less than $200,000. Indian River County Emergency Services District shall be listed as an additional named insured on such policy. 11.3. Special Insurance Requirements. No later than ten (10) days prior to Tenant's occupancy of the leased premises, Tenant shall provide a certificate of insurance for each policy described above to Landlord, meeting the following requirements: A. Indian River County Emergency Services District shall be listed as an "Additional Insured" on each policy, and 3 723 B. Indian River County Emergency Services District shall be given thirty (30) days notice prior to cancellation or modification of each policy. Such notice shall be in writing by certified mail, return receipt requested, and addressed to the Risk Manager, Indian River County, Florida, 1801 2Th Street, Vero Beach, FL 32960-3365. 11.4. Lapse in Coverage. If Tenant allows any insurance coverage required by this lease to lapse, expire or be canceled, such event shall be an immediate event of default, and shall be grounds for eviction. 12. ASSIGNMENT OR SUBLEASE. Tenant shall not assign, sublease or transfer any part of this Lease or the leased premises, without the prior written consent of Landlord. 13. NO MORTAGE. Tenant shall not mortgage, pledge or grant a lien upon any portion of the leased premises, or Tenant's leasehold interest in the leased premises. 14. TENANT'S COMPLIANCE WITH APPLICABLE LAW. Tenant and its agents, employees and volunteers shall comply with all applicable local (including, without limitation, the Indian River County Code of Ordinances), state and federal laws and regulations applicable to the leased premises and Tenant's occupancy of the leased premises. 15. DEFAULT. Each of the following shall constitute an event of default: (a) the failure by Tenant to pay rent when due, (b) the failure by either party to comply with any other material provision of this lease. Upon the occurrence of a default, the non -defaulting party shall be entitled to all remedies in law or in equity, including, without limitation, termination of the lease and eviction from the leased premises; provided, however, that an event of default shall not be grounds for termination or eviction, unless, with respect to the non-payment of rent (sub- section (a) above), such non-payment continues for seven (7) days after receipt, delivery to the leased premises or posting on the leased premises of written notice demanding payment of such rent, and, with respect to the failure to comply with any other material provision of this lease (sub -section (b) above), such failure continues for fifteen (15) days after receipt, delivery to the leased premises or posting on the leased premises of written notice demanding compliance. 16. TERMINATION OF LEASE. This lease shall terminate upon the earlier of the following: (a) expiration of the lease term, without renewal or extension set forth in writing and signed by both parties, (b) damage or destruction of the leased premises, or any material part thereof, which, in the sole discretion of Landlord, renders the premises unfit or not suitable for continued occupancy by Tenant. Landlord shall not be required rebuild, repair or replace such damaged premises or part thereof, (c) the occurrence of an event of default resulting in termination; or (d) Inspection of the tower reveals it to be in a condition whereby its use should be discontinued or it should be taken down. 16.1 Reduction in size of Leased Premises. Tenant acknowledges that Landlord has future plans to widen 43rd Avenue and expand the intersection of 43rd Avenue and 41h Street. Preliminary construction plans call for part of the parking area that makes up the leased premises to be used for right-of-way and/or stormwater retention. Landlord shall be entitled to reduce the size of the leased premises with ninety (90) days' notice to Tenant. Tenant acknowledges that it will not be compensated by Landlord for the reduction in the leased premises and waives its 4 724 right, if any, to compensation by signing this lease. Landlord shall not be responsible to provide for additional leased area to Tenant. 17. NOTICE. Any notice required by this lease, or which either party may desire to serve upon the other, shall be in writing and shall be deemed served when hand delivered, or when actually received via U.S. Mail, postage prepaid, return receipt requested, as to (A) Landlord: Indian River County Emergency Services District Attention: County Attorney 1801 271h Street Vero Beach, Florida 32960-3365 (B) Tenant: Indian River County Historical Society, Inc., 2336 14" Avenue Vero Beach, FL 32960 The above addresses may be changed by either party by written notice to the other party. 18. ENTIRE AGREEMENT. This written lease agreement shall constitute the entire agreement of the parties with respect to the leased premises and Tenant's occupancy of the leased premises. No other statement, representation or prior agreement shall have any force or effect, unless set forth herein. 19. TIME OF THE ESSENCE. Time shall be of the essence with respect to each and every matter set forth herein. 20. LANDLORD'S CONSENT/APPROVAL. In each instance in which Landlord's consent or approval is required in this lease, such consent or approval may be granted or approved in Landlord's sole discretion. 21. RADON GAS. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department. WR IN WITNESS WHEREOF, the undersigned have affixed their hands and seals at Vero Beach, Indian River County, Florida, as of the day and year first above written. INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT By: Bob Solari, Chairman Approved by BCC: August 16, 2016. Indian River County Historical Society, Inc. •c Carolyn Wayless, Preside4t Signed, sealed and delivered in the presence of: ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Ln Deputy Clerk Approved: Jason E. 4owq, County Administrator jApproy dVsto Form a e 1 u iciency: William K. DeBraal, Deputy County Attorney 6 726 W QN J w U 9 = LL LLJ Z LjZ(n3 tz O O F- U O o� QaZ)o F- is=wF- wo QO =Of()f Z F- LLJ =~ JZwa CZ) z F- CL aT -oaF-w JQ O p Q d Q Z> of d Q= H wap Ld oo < Z :D � 3 o F - Z -i_ Z L'J U' F- WL, F- 'ozNLLz; WOCN W Z Q F-�IwiX z o ui Y)jL Lu LL (nZ wZ.w(LLJ ~jOwO(3�0)OZ_O g0 o0ao(')o="�aZ�Lo > =U Jm O0NF-p U-�zDo co F -w Q Ww0QLLOW�= _-.j La LL Oj �Q<>ZE pZ<�w 4�d�0 -� Z mLL0w.. 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WHEREAS, the Indian River County Historical Society, Inc. is a Florida not for profit corporation organized for preserving and promoting the history of Indian River County and is recognized as a charitable and educational entity for purposes as set forth in section 501(c)(3) of the Internal Revenue Code of 1986, as amended; and WHEREAS, the Historical Society has asked the Indian River County Emergency Services District (District) to consider leasing the fire lookout tower, the accessory/office building near the tower and associated parking near these structures on District -owned property just east of Fire Station 13 at the northwest corner of 43 Id Avenue and 4th Street, Vero Beach, FL, ("Property") to the Historical Society for use as an exhibit to demonstrate the historical method of detecting wild fires in the State of Florida; and WHEREAS, the Historical Society will use the Property to operate the exhibit for school classes, civic associations and other interested members of the public; and WHEREAS, the Historical Society will maintain the Property and associated improvements; and WHEREAS, the District finds that such a use of District Property promotes the County interests and welfare; and NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY, FLORIDA EMERGENCY SERVICES DISTRICT: 1. The District finds that the Historical Society has made application as required by Florida Statutes section 125.38 for a lease of the Property; 2. The property subject to the lease shall be used for historical and educational purposes and participation shall be open to all Indian River County residents; 3. The District approves, and authorizes the Chairman to execute a Lease Agreement between the District and Indian River County Historical Society, Inc., for a term of ten (10) years with one ten (10) year renewal period at a rental rate of $1.00 per year; 4. The Lease Agreement is entered into pursuant to the authority of Florida Statutes sections 125.38 and 125.01. 729 RESOLUTION NO. 2016 - The foregoing Resolution was offered 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 Peter D. O'Bryan Commissioner Tim Zorc The Chairman thereupon declared the Resolution duly passed and adopted this 21'h day of June, 2016. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller M Deputy Clerk Approved as to form and legal sufficiency: A —/J— William K. DeBraal Deputy County Attorney 2 INDIAN RIVER COUNTY, FLORIDA EMERGENCY SERVICES DISTRICT a Bob Solari, Chairman 730 Date: August 4, 2016 INDIAN RIVER COUNTY „iV)R\ SOLID WASTE DISPOSAL DISTRICT !i !Z} BOARD MEMORANDUM `��'i'C�%� To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services 0 Thru: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District•m Prepared By: Stephanie C. Fonvielle, Recycling Education and Marketing Coordinator, Solid Waste Disposal District Subject: Quarterly Recycling Update PUBLIC PRESENTATION: Recycling tonnages continue to be significantly higher under the single stream recycling program compared to the dual stream recycling program. To date, the cumulative total of outgoing recyclables has reached 14,352 tons, which is only 48 tons short of SWDD's tonnage goal for the year. The quarterly summary is as follows: Month 2015 Tonnages 2016 Tonnages %Change April 1,124 1,656 47.3% May 921 1,626 76.4% June 921 1,493 62.1% This year, SWDD partnered with Waste Management, TK6 and Keep Indian River Beautiful to host an Electronics Recycling Event on Saturday April 30, 2016, at the County Fairgrounds. In total, 16,786 lbs. of electronic waste was collected and safely recycled. SWDD staff estimates that there were about 100 cars at the event, and over 150 people. SWDD staff engaged with each resident, handing out informational flyers, and reminding them that they can recycle their electronics year round at the Customer Convenience Centers. Each resident received free giveaways, as well as a raffle ticket to win a $250 gift card to Best Buy, which was generously donated by TK6. To increase recycling tonnages and bring Indian River County closer to the 75% recycling goal, county staff and Waste Management are bringing recycling to several parks within the county. Over 80 Recycling containers have been distributed and will be serviced by Waste Management weekly at the following six locations: North County Park, Gifford Park, Indian River County Fairgrounds, Wabasso Causeway, South County Park and Lagoon Greenway Trailhead. SWDD Agenda Quarterly Recycling Update - August 2016 Page — I — 731 APPROVED FOR AGEN By: �-' h�= Jason E. Br n, County Administrator For: August 16, 2016 Date Indian River Co. Approved Date Administration SWDD Director Budget r C Legal SWDD Finance r_ r- SWDD Agenda Quarterly Recycling Update - August 2016 Page — 2 — 732 Recycling Update: 3rd Quarter Solid Waste Disposal District Stephanie Fonvielle Recycling Education and Marketing Coordinator August 16th, 2016 Recycling Tonnages for the 3rd Quarter 47% 76% 62% 1,800 1,600 1,400 c H 1,200 1,124 1,000 921 921 800 -- - April May June s FY 14-'15'W ■ FY 15-'161 IRC Recycling Trend 2008-2015 15,000 14,000 13,000 12,000 C 11,000 12 10,000 9,000 9,213 8,000 7,000 2008 [—Goal --*-Total FY '15-16' Goal: 14,400 FY 14-'15 14,348 Goal: 13,200 FY 08-'09 to 13-'14 Goal: 12,000 12,331 11,486 11,603 11,804 11,005 11,114 2009 2010 2011 2012 20132014 015 2011 How oesthat 2013P11 2011 Fiscal Year the statewide goa I of 75 % by 2020? Parks Recycling Program North County Park Wabasso Causeway Gifford Park County Fairgrounds Lagoon Greenway South County Park Intergenerational Facility io,;.5 Us...RE(YCLE -73,;� -A-2 Gifford Upcoming Household Hazardous Waste Recycling Event MOT6R OR 6 Residents only, NO Businesses please! We are also accepting tires at the event! Limit of 6 tires per person! Solid Waste Tonnages 10000 9500 v ............................. 9000 m................ C c ................................ ............ 8500 3 8000 April '14-15: 7500 April '13-14: Pop. 143,326 Pop. 140,955 7000 vvv — O E u a m w w m a 4 a l G w o E d ¢ « g 4 o f - a 0 'o o LL o Z Qa LL z o l n z 73-1-A- 4 2,000 1,800 c 1,600 0 1,400 _N 1,200 U (U 1,000 ii cc txO C 800 0 V 600 0 400 200 Recycling Tonnages 1,941 1,851 1,613 1,58 1,656 1,626 1,489 1,278 1,30 1,187 1,160 1,135 1,1S2 1,124 969 967 921 921 Month (FY 15/16 vs. 14/15) 0 D v it w a a � O o w Z 0 —Single Stream FY 15/16 —Dual Steam FY 14/15