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10/04/2016 (3)
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, OCTOBER 4, 2016 - 9:00 A.M. Commission Chambers Indian River County Administration Complex 180127th 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 Stan Boling, Community Development Director 3. PLEDGE OF ALLEGIANCE Dylan Reingold, County Attorney 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS A. Presentation of Proclamation Designating the Month of October, 2016, as National Domestic Violence Awareness Month 1 B. Presentation of Proclamation Observing Margo Donadio Memorial -Fire --Girls-5K Run Day----------------------------------------------------------------------------------------2 October 4, 2016 Page 1 of 7 5. PROCLAMATIONS and PRESENTATIONS PAGE C. Presentation of Proclamation Recognizing the 80th Anniversary of Florida's State Forests 3 -------------------------------------------------------------------------------------------------------------------- D. Presentation of Proclamation Designating October, 2016, as Manufacturing Month in Indian River County, Florida 4 ---------------------------------------------------------- 6. APPROVAL OF MINUTES A. September 14, 2016 Preliminary Budget Hearing B. September 21, 2016 Final Budget Hearing 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION A. Update on All Aboard Florida / Vero Electric Expenses __(memorandum dated September27, 2016) ------------------------------------------------------ 5-10 B. Indian River County Venue Event Calendar Review 11 C. Florida Public Service Commission Order No. PSC -16 -0363 -TRF -EI in re: Petition for approval of modifications to the approved premier power tariff and the government underground tariff and for approval of new government cost recovery contract, by Duke Energy Florida, LLC 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 September 9, 2016 to September 15, 2016 (meorandum dated Se tember 15 2016) 12-19 m B. Approval of Checks and Electronic Payments September 16, 2016 to September 22, 2016 _(memorandum dated September 22, 2016) ____________________________________________________ 20-27 C. Lobbyist for 2017 Legislative Session __(memorandum_dated September 21, 2016)28-31 -------------------------------------------------------------- D. Resolution Establishing the Public Safety Coordinating Council for Criminal Justice, Mental Health and Substance Abuse __(memorandum dated September 26, 2016) ___________________ _ _ _ _ _ _ __ 32.37 October 4, 2016 Page 2 of 7 8. CONSENT AGENDA PAGE E. Blue Goose Sand Mine (formerly known as Ranch Road Lake Sand Mine) Transfer of Compliance and Restoration Escrow from Phase I to Phase 3 __(memorandum_dated September 27, 2016) 38-42 ----------------------------------------------------- F. Authorization to Attend FGFOA and GFOA Annual Conferences and FGFOA School of Government Finance __(memorandum_dated September_14, 2015) _______________________________________________ 43 G. Approval of Renewal for a Class "A" Certificate of Public Convenience and Necessity for Indian River County Department of Emergency Services __(memorandum dated September 23, 2016) ____________________________________________________ 44 -6 -1 -- H. 4 -61_ H. Release of Retainage — Work Order No. 6 Morgan & Eklund, Inc. 2016 Beach Profile Monitoring Surveys (Winter) _(memorandum_dated September _I 2, 2016) 62-64 -------------------------------------------------------------- I. Release of Retainage — Work Order No. 8 Morgan & Eklund, Inc. 2016 Beach Profile Monitoring Surveys (Summer) (memorandum -dated Se tember 12, 2016) 65767 J. North Sebastian Septic to Sewer Approval of Cost Share Funding Agreement __(memorandum_dated September 27, 2016) 68-83 ------------------------------------------------------------- K. Approval of Bid Award for IRC Bid No. 2017011 Annual Bid to Maintain and Operate the West Regional WWTF Wetlands System _(memorandum_dated September 28, 2016)___________________________________________________ 84-85 L. Request for Approval to Enter into a Public Transportation Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for a Service Development Grant __(memorandum dated September 23, 2016) - 86-114 M. Approval of Agreement for Continuing Professional Surveying and Mapping Services Firms RFQ# 2016029 IRC Project No. 1605 __(memorandum dated September 16-20-16) 115-180 ---------------- N. Second Amendment to License Agreement with Fully Involved Event Productions, LLC _(memorandum_dated September 27, 2016) 181-185 -------------------------------------------------------------- O. Adoption of Revised Building Permit Fee Schedule, Reducing Permit Fee Valuation Factor by Five Percent __(memorandum dated September 23, 2016) 186-193 October 4, 2016 Page 3 of 7 9. 10. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES PAGE A. Indian River County Supervisor of Elections Leslie R. Swan Federal Election Activities Grant for FY 2016-2017 _-(letter_dated September 22, 2016)___________________________________________________________ 194-197, PUBLIC ITEMS A. PUBLIC HEARINGS 1. Fischer Lake Island Subdivision Phase 1 through 6 and Replat of 7 Petition Water Assessment Project UCP 4118, Public Hearing and Adoption of Resolution No. III (memorandum dated September 27,2016) -_ _ _ _ _ _ _ _ _ _ _ _ _ 198-222 ------------------------------------ Administration 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 Wanda Scott, Gifford Economic Development Council Regarding Updating Gifford Community Activities 223 2. Request to Speak from Bryant Jenks and Geoff Wolf of Old Sugar Mill Estates Regarding Commercial Event Ordinance 911.15(8)(b)______________224 3. Request to Speak from Brian Heady Regarding Wrongful Charges Against Beachfront Property Owners 225 C. PUBLIC NOTICE ITEMS 1. Notice of Scheduled Public Hearing for October 11, 2016 Consideration of Amendments to Land Development Regulations (LDRs) Chapters 901 (Definitions), 911 (Zoning), and 971 (Specific Land Use Criteria) to Establish Regulations for Medical Marijuana Treatment Centers (Legislative) (memorandum dated September 26,_ 2016) 226 - -------------------------------------------------- 2. Notice of Scheduled Public Hearing for October 11. 2016 Application for a Certificate of Public Convenience and Necessity for a Class E1 Certificate from Stellar Transport to Provide Wheelchair and Non -Emergency Stretcher Transportation Originating in Indian River County (Administrative) (memorandum dated September 22,_ 2016) 227 October 4, 2016 Page 4 of 7 I 11. COUNTY ADMINISTRATOR MATTERS PAGE A. Meetings of the Indian River County Board of County Commissioners Proposed 2017 Meeting Dates I (memorandum dated September 13, 2016) 228-229 -------------- I 12. DEPARTMENTAL MATTERS I A. Community Development t 1. Consideration of a Notice of Intent to Sell from Triple S Land Company and the County's First Negotiation Rights to Acquire the Triple S Ranch Under the County's Conservation Easement ` _(memorandum dated September 26, 2016) __________________230-259.1 - -------------------- 1 B. Emergency Services None C. General Services None 1; Human Services None 2. Sandridge Golf Club None 1 3. Recreation None i D. Human Resources , None E. Office of Management and Budget i 1. Public -Private Partnership Spreadsheet (memorandum dated September 26, 2016) 260-266 I F. Public Works None k G. Utilities Services None October 4, 2016 Page 5 of. 7 , I 13. COUNTY ATTORNEY MATTERS 14. 15. A. Request for Closed Attorney -Client Session Relating to Indian River County's Petition for Administrative Hearing Challenging the St. Johns River Water Management District's Notice of Intent to Issue Environmental Resources Permit No. 135214-2 for All Aboard Florida within Segment D08 (memorandum -dated September 21, 2016) -------------------------------------------- B. Right -of -Way Ordinance Amendment __(memorandum dated September 28, 2016) COMMISSIONERS MATTERS A. Commissioner Bob Solari, Chairman None PAGE 267. ---------------- 268-272 B. Commissioner Joseph E. Flescher, Vice Chairman None C. Commissioner Wesley S. Davis None D. Commissioner Peter D. O'Bryan 1. Fracking (memorandum -dated September 27,_ 2016) 273-289 --------------------------------------------------- E. Commissioner Tim Zorc None SPECIAL DISTRICTS AND BOARDS A. Emergency Services District 1. Approval of Work Order No. 2 for Fire -Rescue Station #15 (9470 County Road 512) _(memorandum dated September, 23, 2016) 290-296 --------------------------------------------------- 2. Affiliation Agreement between Treasure Coast Medical Institute and Indian River County Emergency Services District __(memorandum dated September 23,_ 2016) 297-301 October 4, 2016 Page 6 of 7 15. SPECIAL DISTRICTS AND BOARDS PAGE B. Solid Waste Disposal District 1. Approval of Minutes September 14, 2016 Preliminary Budget Hearin 2016-2017 ---- 2. Approval of Minutes September 21, 2016 Final Budget Hearing 2016-2017 ---- . --------------------------------------------------------------------------------------------------------- 3. First Amendment to Franchise Agreement with Waste Management __(memorandum dated September 22, 2016) _________________ 302-306 -------------------- C. Environmental Control Board None 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall- provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.irc og vcom 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. October 4, 2016 Page 7 of 7 PROCLAMATION 51 DESIGNATING THE MONTH OF OCTOBER, 2016, AS NATIONAL DOMESTIC VIOLENCE AWARENESS MONTH WHEREAS, each day in America four women are murdered by their intimate partners; and WHEREAS, every 90 seconds in America four women are abused by their intimate partners, and WHEREAS, one in three American women have been assaulted or beaten by a husband or boyfriend; and WHEREAS, National Domestic Violence Awareness Month provides all Americans the opportunity to recommit to ensuring that every relationship be violence free; and WHEREAS, all domestic violence victims deserve a safe place where they can live with respect, resources, restoration, and justice; and WHEREAS, in Indian River County, SafeSpace, Inc. joins forces with law enforcement, victim service programs, criminal justice officials, social service organizations, and concerned citizens throughout the County to fight domestic violence; and WHEREAS, together, their commitment and compassion help to ensure that our community steps forward to lend a hand to domestic violence victims in need. NOW, THEREFORE, BE IT PROCLAIMED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS that the Board recognizes and honors the month of October, 2016, as Domestic Violence Awareness Month, and furthermore, expresses our sincere appreciation for those committed to promoting peace and preventing domestic violence in our community. Adopted this 4th day of October, 2016. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman �Jep4k`. Flescher, ice Chairman Wesley S. Davis PROCLAMATION OBSERVING MARGO DONADIO MEMORIAL -FIRE GIRLS 5K RUN DAY WHEREAS, The Fire Girls of Indian River County celebrate the 5th Annual Margo Donadio Memorial 5K Run Day; and WHEREAS, The Fire Girls of Indian River County educate women about the health benefits of annual wellness exams and the importance of being proactive in their health care; and WHEREAS, The 'Fire Girls of Indian River County will increase awareness and understanding of women's wellness services and the importance of mammograms and early detection; and WHEREAS, Margo Donadio, during her fight with cancer, touched many lives, as she offered help to others who had been diagnosed with cancer; and WHEREAS, to keep Margo's spirit alive and give back to the community, the annual 5K Run in Margo's memory was established to help raise money for The Fire Girls of Indian River County's PINK -4 -LIFE Women's Wellness/Mammogram Assistance Program. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA, that November 5, 2016 be designated as MARGO DONADIO MEMORIAL — FIRE GIRLS 5K DAY in Indian River County, and the Board encourages all citizens to use this day to participate in activities that will help them choose a healthy lifestyle. Adopted this 4th day of October, 2016. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chair an Joseph,. Flescher, Vice Chairman 01, Wesley S. Davis Petef . ryan Tim - 2 PROCLAMATION 5'2,/ RECOGNIZING THE 80TH ANNIVERSARY OF FLORIDA'S STATE FORESTS WHEREAS, the Florida Forest Service is celebrating the 80th Anniversary of Florida's vast state forest system Founded in 1936, Florida's state forests are managed by the Florida Forest Service, a division of the Florida Department of Agriculture and Consumer Services, and WHEREAS, today, Florida's 37 state forests provide approximately 1 1 million acres of forest land for multiple uses including timber, recreation, conservation, and water quality management. Florida's state forests provide numerous environmental and ecosystem benefits such as improved air quality, clean water, and diverse wildlife habitat. Florida's forests provide habitat for more than one -hundred species of animals including the Florida panther, black bear, big cypress fox squirrel, and red - cockaded woodpecker Recreational opportunities available in Florida's state forests include camping, kayaking, canoeing, swimming, hunting, hiking, biking, equestrian activities, and off-highway vehicle opportunities; and WHEREAS, Florida state forests are managed for multiple uses, including timber management. More than 5,000 products that Indian River County residents use every day start from or contain components that come from Florida's public and private forests The list includes bandages, mulch, crayons, gum, ink, money, lumber, medicines, fruit, nuts, paint, paper, and fuel to run our cars and trucks The Florida Forest Service, along with partnering public and private forest landowners, ensures that our forest resources are available for future generations. More than 82 million trees are planted each year in Florida, for every tree harvested, five trees are planted NOW, THEREFORE, BE IT PROCLAIMED THAT THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA extends best wishes IN RECOGNITION OF THE FLORIDA FOREST SERVICE'S 80th ANNIVERSARY OF ITS STATE FORESTS SYSTEM and salutes the Florida Forest Service for its continued success conserving, protecting, and enhancing Florida's public forest lands to benefit past, present, and future generations We hereby extend sincere gratitude to the many dedicated forestry professionals for their commitment to the people and natural resources of our state. Adopted this 4th day of October, 2016 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman ph . Flescfjer, Vice Chairman Wes,l�y S. Davis ` ,P7r D. Q Bryan t% Tim Zorc --�` PROCLAMATION 'D DESIGNATING OCTOBER, 2016, AS MANUFACTURING MONTH IN INDIAN RIVER COUNTY, FLORIDA WHEREAS, the manufacturing industry is vital to the health of our County, the State of Florida, and our nation; and WHEREAS, manufacturing is a cornerstone of our local economy, helping to sustain our quality of life as well as a solid and diversified tax base in Indian River County; and WHEREAS, Indian River County, in partnership with the Indian River County Chamber of Commerce, supports manufacturing and manufacturing careers; and WHEREAS, manufacturing provides over 1,800 high -wage and high -skill jobs in Indian River County, paying an average annual wage of $46,384; and WHEREAS, our county is home to 139 manufacturers that produce a wide variety of products, from personal aircraft to personal submersibles, sold to customers around the world, and WHEREAS, public awareness of the value manufacturers add to our economy is essential to the maintenance of good community -industry relationships, and WHEREAS, all residents are encouraged to take time to salute Indian River County manufacturers, and their employees, for the positive economic impact they make in our county, the State, and our nation. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the month of October, 2016, be designated as MANUFACTURING MONTH IN INDIAN RIVER COUNTY. Adopted this 4th day of October, 2016. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA 9—ob Solari, Chairman (2 - entt..� J eph E. Flescher, Vice -Chairman Wesley S Davis Pe .O' c� Tim Zorn - 4 INFORMATIONAL INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: September 27, 2016 FROM: Michael Smykowski 1MS 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 9/27/16. ATTACHED: • All Aboard Fl. expenses through 9/27/2016 spreadsheet. • Vero Beach Electric/FPL/FMPA expenses through 9/27/2016 spreadsheet. FOR: October 4, 2016 Indian River County A ro , Date Administrator Legal rl l I Budget De artment Risk Man!gement r� 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 9/14/2016 Bryan Cave LLP $14,149.70 Fees for Legal Services -July 2016 9/14/2016 Bryan Cave LLP $3,457.13 Fees for Legal Services -July 2016- private activity bonds 8/16/2016 Bryan Cave LLP $72,430.59 Fees for Legal Services -June 2016- private activity bonds 8/16/2016 Bryan Cave LLP $1,754.00 Fees for Legal Services -June 2016 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 -private activity bonds 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 $660,074.95 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\All Aboard FL Expenses 6 All Aboard Florida Expenses Indian River County Acct#00130214-033190-15023 Other Professional Services 7/28/2016 GK Environmental $24,000.00 Encumbrance -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 7/8/2016 Phoenix Park Hotel -void -$410.14 Void 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 Hbtel-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 $1,136.46 9/8/2015 Doubletree Orlando $271.36 Orlando -Travel -Fl. Dev. Finance Corp 8/26/2015 Dylan Reingold $75.26 8/26/2015 Kate Cotner -$5.36 Orlando -Tavel -FI Dev. Finance Corp SubtotalExpenses FY 14/15 $341.26 F:\Budget\All Aboard FL Expenses % 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 9/27/16 $725,656.03 Total expenses processed as of 9/27/16 $1,925,693.09 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 $631,031.91 F:\Budget\AII Aboard FL Expenses g Indian River County Vero Beach Electric/Florida Power & light/FMPA expenses $4,090.00 Acct# 00410214-033110-15024 Legal Services 4/8/2016 RW Wilson & Assoc 9/20/2016 Berger Singerman $632.50 8/16/2016 Berger Singerman $275.00 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 $34,640.25 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 9 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 5176.28 Travel 3/16/2016 Dylan Reingold-FL Senate Committe $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 mt€ $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 9/27/16 $68,816.27 Total expenses processed as of 9/27/16 $333.966.37 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 $3,972.63 10 Indian River County Venue Event Calendar Review For more information go to www.ircgov.com - Event Calendar Beach Town Music Festival www.beachtownfestival.com October 7 - 8 @ IRC Fairgrounds: • Featuring Brett Michaels Friday and Jake Owen Saturday • Tickets for event can be purchased on website and prices vary 29th Annual Treasure Coast Amateur Golf Championship October 15 - 16 @ Sandridge: • 8am Shotgun start Veterans Council of IRC Annual Picnic t October 15 @ Gifford Park: • Saturday•12pm - 5pm • FREE Event Treasure Coast Swim Meet - NCAC CLOSED FOR EVENT www.treasurecoastswimming.com October 15 - 16 @ NCAC: • Saturday 9am - 5pm & Sunday 9am - 4pm • Tickets for event can be purchased on website High School District 10 Swim & Dive Meet - NCAC CLOSED FOR EVENT October 19 @ NCAC: • 1 pm - 6pm Rocktoberfest www.rockverobeach.com October 21 - 23 @ IRC Fairgrounds: • $45 for 3 days of music - schedule to come ; 4th Annual "Bela Nagy, Sr." Memorial Golf Tournament October 22 @ Sandridge: • 8am Shotgun start High School District 11 Swim & Dive Meet - NCAC CLOSED FOR EVENT October 26 @ NCAC: • 1 pm - 6pm "Tom Danaher" Memorial Golf Tournament October 29 @ Sandridge: • 8am Shotgun start 11 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801270' Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: September 15, 2016 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS September 9, 2016 to September 15, 2016 CotoPT.'" 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 September 9, 2016 to September 15, 2016. Attachment: It � 12 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 344251 09/15/2016 UTIL REFUNDS 19.51 344252 09/15/2016 UTIL REFUNDS 10.38 344253 09/15!2016 UTIL REFUNDS 16.50 344254 09/15/2016 UTIL REFUNDS 45.88 344255 09/15/2016 UTIL. REFUNDS 1817 344256 09/15/2016 UTIL REFUNDS 47 16 344257 09/15/2016 UTIL REFUNDS 69.80 344258 09/15/2016 UTIL REFUNDS 13.59 344259 09/15/2016 UTIL REFUNDS 15.55 344260 09/15/2016 UTIL REFUNDS 2441 344261 09/15/2016 UTIL REFUNDS 97.30 344262 09/15/2016 UTIL REFUNDS 7121 344263 09/15/2016 UTIL REFUNDS 905 344264 09/15/2016 UTIL REFUNDS 25,87 344265 09/15/2016 UTIL REFUNDS l 71 344266 09/15/2016 UTIL REFUNDS 1714 344267 09/15/2016 UTIL REFUNDS 44.52 344268 09/15/2016 UTIL REFUNDS 8.22 344269 09/15/2016 UTIL REFUNDS 42.83 344270 09/15/2016 UTIL REFUNDS 43.55 344271 09/15/2016 UTIL REFUNDS 522 344272 09/15/2016 UTIL REFUNDS 3891 344273 09/15/2016 UTIL REFUNDS 8228 344274 09/15/2016 UTIL REFUNDS 3649 344275 09/15/2016 UTIL REFUNDS 71.30. 344276 09/15/2016 UTIL REFUNDS 4.51 344277 09/15/2016 UTIL REFUNDS 29.55 344278 09/15/2016 UTIL REFUNDS 82 77 344279 09/15/2016 UTIL REFUNDS 3314 344280 09/15/2016 UTIL REFUNDS 54.36 344281 09,115/2016 UTIL REFUNDS 62.06 344282 09/15/2016 UTIL REFUNDS 4082 344283 09/15/2016 UTIL REFUNDS 1650 344284 09/15/2016 UTIL REFUNDS 1.64 344285 09/15/2016 UTIL REFUNDS 56.70 344286 09/15/20)6 UTIL. REFUNDS 37,88 344287 09/15/2016 UTIL REFUNDS 8006 344288 09/15/2016 UTIL REFUNDS 60.77 344289 091/15/2016 UTIL REFUNDS 51.90 344290 09/15/2016 UTIL REFUNDS 4369 344291 09/15/2016 UTIL REFUNDS 75.32 344292 09,/15/2016 UTIL REFUNDS 53 48 344293 09/15/2016 UTIL REFUNDS 78.78 344294 09/15/2016 UTIL REFUNDS 1.50 344295 091/15/2016 UTIL REFUNDS 33 87 344296 09/15/2016 UTIL REFUNDS 17.32 344297 09/15/2016 UTIL REFUNDS 38.35 344298 09/15/2016 CLEMENTS PEST CONTROL 1000 344299 09/15;2016 PORT CONSOLIDATED INC 62.176.06 344300 09/15/2016 .JORDAN MOWER INC 88495 344301 09/15/2016 COMMUNICATIONS INTERNATIONAL 25,300.21 344302 09/15/2016 TEN -8 FIRE EQUIPMENT INC 17,954 43 344303 09/15/2016 RANGER CONSTRUCTION IND INC 686 12 344304 09/15/2016 VERO CHEMICAL DISTRIBUTORS INC 429.85 344305 09/15/2016 CHISHOLM CORP OF VERO 1.05600 344306 09/15/2016 VELDE FORD INC 26 18 344307 09!] 5/2016 SAFETY PRODUCTS INC 82 80 344308 09/15/2016 AT&T WIRELESS l .056 09 13 TRANS NBR DATE VENDOR AMOUNT 3.44309 09/15/2016 DATA FLOW SYSTEMS INC 297.10 344310 09/15/2016 THOMAS P VdHITE 22.00 344311 09/15/2016 PARALEE COMPANY INC 2.737.84 344312 09/15/2016 E -Z BREW COFFEE & BOTTLE WATER SVC 9.50 344313 09/15/2016 KELLY TRACTOR CO 6,827.33 344314 09/15/2016 LFI FORT PIERCE INC 1,966.50 344315 09/15/2016 ALLIED ELECTRONICS INC 89806 344316 09/15/2016 DEEP SIX DIVE. SHOP INC 38 99 344317 09/15/2016 KSM ENGINEERING & TESTING INC 432.00 344318 09/15,12016 HD SUPPLY WATERWORKS; LTD 2;13721 344319 09/15/2016 SCHULKE BITTLE & STODDARD LLC 1.559.54 344320 09/15/2016 PETES CONCRETE 1,15000 344321 09/15/2016 TIRESOLES OF BROWARD INC 70625 344322 09/15/2016 BFS RETAIL OPERATIONS LLC 2.643 14 344323 09/15/2016 ARMFIELD WAGNER APPRAISAL AND RESEARCH INC 1,90000 344324 09/15/2016 DELL MARKETING LP l 1,492 64 344325 09/15/2016 GOODYEAR AUTO SERVICE CENTER 564 12 344326 09/15/2016 BAKER & TAYLOR INC 4.383 15 344327 09/15/2016 MIDWEST TAPE LLC 3,234.32 344328 09/15/2016 MICROMARKETING LLC 51666 344329 09/15/2016 BAKER DISTRIBUTING CO LLC 773.00 344330 09/15/2016 PALM TRUCK CENTERS INC 16.98 344331 09/15/2016 COMMUNITY ASPHALT CORP 222.430 08 344332 09/15/2016 CLERK OF CIRCUIT COURT 68.25 344333 09/15/2016 CLERK OF CIRCUIT COURT 1,52870 344334 09/15/2016 CITY OF VERO BEACH 88.530.69 344335 09/15/2016 INDIAN RIVER ALL FAB INC 264 71 344336 09/15/2016 PETTY CASH 552.30 344337 09/15/2016 JANITORIAL DEPOT OF AMERICA INC 282.83 344338 09/15/2016 MARRIOTT FT LAUDERDALE NORTH 20200 344339 09/15/2016 AAA COOPER TRANSPORTATION INC 16482 344340 09/15/2016 ACUSHNET COMPANY 9606 344341 09/15/2016 AQUAGENIX 569.50 344342 09/15/2016 IRC CHAMBER OF COMMERCE 23,441 14 344343 09/15/2016 FEDERAL EXPRESS CORP 36 14 344344 09/15/2016 INFORMATION TODAY INC 684.53 344345 09/15/2016 TRAFFIC PARTS INC 2,085.00 344346 09/15/2016 FLORIDA POWER AND LIGHT 8.132.23 344347 09/15/20.16 FLORIDA POWER AND LIGHT 1,70016 344348 09/15/2016 JAMES GRAY JR 100.57 344349 09/15/2016 PUBLIC DEFENDER 5,86479 344350 09/15/2016 FLORIDA PUBLIC EMPLOYER LABOR 19900 344351 09/15/2016 STATE ATTORNEY 1.051.05 344352 09/15,2016 CITY OF FELLSMERE 443 47 344353 09/15/2016 PEACE RIVER ELECTRIC COOP INC 276.64 344354 09/]5!2016 CATHOLIC CHARITIES DIOCESE OF PALM BCH 1.388.69 344355 09/15/2016 STRUNK FUNERAL HOMES & CREMATORY 42500 344356 09/15/2016 HARRY E NEWBERN 945.00 344357 09/15/2016 SASAN ROHANI 57.00 344358 09/15/2016 TREASURE COAST SPORTS COMMISSION INC 11.708.00 344359 09/15/2016 HENRY SMITH 4800 344360 09/15,'2016 PETTY CASH 37.82 344361 09/15/2016 RENAISSANCE ORLANDO RESORT 298.00 344362 09/15!2016 RENAISSANCE ORLANDO RESORT 29800 344363 09/15/2016 CHILDREN HOME SOCIETY OF FL 3.00000 344364 09/15/2016 BANK OF NEW YORK 1.312.50 344365 09/15/2016 TONYA MCDONALD 5000 344366 09/15/2016 DONADIO AND ASSOCIATES ARCHITECTS 1.992.63 344367 09/15/2016 PINNACLE GROVE LTD 50000 344368 09/15/2016 SYMBIONT SERVICE CORP 1,28500 TRANS NBR DATE VENDOR AMOUNT 344369 09/15/2016 STAN BOLING 57.00 344370 09/15/2016 SUNQUEST INC 1,100.00 344371 09/15/2016 ST LUCIE COUNTY BOCC 6.585.20 344372 09/15/2016 ARCADIS U S INC 11.363 67 344373 09/15/2016 THE PALMS AT VERO BEACH 1,150.00 344374 09/15/2016 ED SCHLITT LC 500.00 344375 09/15/2016 RUSSELLPAYNE INC 369.60 344376 09/15/2016 CELICO PARTNERSHIP 2.106.28 344377 09/15/2016 ANIXTER INC 27200 344378 09/15/2016 VAN WAL INC -119800 344379 09/15/2016 J & J AUTOWORKS INC 113 00 344380 09/15/2016 FLORIDA RURAL LEGAL SERVICES INC 2.421 88 344381 09/15/2016 CENTRAL PUMP & SUPPLY INC 11 76 344382 09/15/2016 MICHAEL ZITO 194.23 344383 09/15/2016 SAFETY HARBOR RESORT AND SPA 432.00 344384 09/15/2016 SAFETY HARBOR RESORT AND SPA 43200 344385 09/15/2016 VOLLBRACHT, KEVIN 40.00 344386 09/15/2016 LARRY STEPHENS 48.00 344387 09/15/2016 ARDAMAN & ASSOCIATES INC 2.007.50 344388 09/15/2016 PETER OBRYAN 15.53 344389 09/15/2016 RUSH TRUCK CENTERS OF FLORIDA 118 76 344390 09/15/2 0 16 GERALD YEITTER 6000 344391 09/15/2016 GATES HOUSE ENTERPRISES LLC 13090 344392 09/15/2016 BRIAN FREEMAN 1602 344393 09/15/2016 WALKER, LAVONNE & JIMMIE 4000 344394 09/15/2016 SOUTHEAST SECURE SHREDDING 76848 344395 09/15/2016 TREASURE COAST SPRINKLERS INC 3.85700 344396 09/15/2016 TREASURE COAST SPRINKLERS INC 14,950.00 344397 09/15/2016 K'S COMMERCIAL CLEANING 2.533 89 344398 09/15/2016 YOUTH GUIDANCE DONATION FUND 1,25000 344399 09/15/2016 VERA SMITH 4800 344400 09/15/2016 GARRETT SMITH 4800 344401 09/15/2016 HELPING ANIMALS LIVE -OVERCOME 4300 344402 09/15/2016 CIVILSURV DESIGN GROUP INC 2,142.00 344403 09/15/2016 BRANDIT CORPORATION 2.503.93 344404 09/15/2016 INEOS NEW PLANET BIOENERGY LLC 24.20 344405 09/15/2016 WOERNER DEVELOPMENT INC 203.00 344406 09/15/2016 ATLANTIC COASTAL LAND TITLE CO LLC 75.00 344407 09/15/2016 KEMPER BUSINESS SYSTEMS 25.00 344408 09/15/2016 YOUR AQUA INSTRUCTOR LLC 12000 344409 09/15/2416 OVERDRIVE INC 2.836.52 344410 09/15/2016 DANIEL CORY MARTIN 50000 344411 09/15/2016 SOUTHEASTERLY SECURITY CONSULTANTS INC 277.50 344412 09/15/2016 ALAN JAY CHEVROLET CADILLAC 60.498 00 344413 09/15/2016 HEATHER HATTON 30.00 344414 09/15/2016 HOUSING AUTHORITY 39000 344415 09/15/2016 BRYAN KLASSEN 15000 344416 09/15/2016 LOWES HOME CENTERS INC 65148 344417 09/15/2016 LABOR READY SOUTHEAST INC 773 76 344418 09/15/2016 CARDINAL HEALTH 110 INC 35 96 344419 09/15/2016 EMILY K DIMATTEO 250.00 344420 09/1522016 BURNETT LIME CO INC 6,50440 344421 09/15/2016 BRIAN HORNE 6400 344422 09/15/2016 SCADA SOLUTIONS LLC 1.900 00 344423 09/15/2016 KANSAS STATE BANK OF MANHATTAN 1.167.37 344424 09/15/2016 BSN SPORTS INC 5.141.34 344425 09/15/2016 CHEMTRADE CHEMICALS CORPORTATION 2.273.29 344426 09/15/2016 SAMBA HOLDINGS INC 1.217.54 344427 09/15/2016 A.MERITAS 25.740.20 344428 09/15/2016 BRYAN CAVE LLP 17,606.83 15 TRANS NBR DATE VENDOR AMOUNT 344429 09/15/2016 SHELLY MAZUR 50.00 344430 09/15/2016 EMA INC 9,863.20 344431 09/15/2016 RELIANT FIRE SYSTEMS INC 738.70 344432 09/15/2016 SYLiViA MILLER 795 00 344433 09/15/2016 AN -FIELD CONSULTING GROUP INC 10.000.00 344434 09/15/2016 LONGHORN LANDSCAPING AND SOD LLC 1,539.00 344435 09/15%2016 SCRIPPS NP OPERATING LLC 99405 344436 09/15/2016 RED THE UNIFORM TAILOR 3,02000 -44437 09115/2016 DEANAALCOTT 50.00 344438 09/15/2016 CATHEDRAL CORPORATION 1.414 00 344439 09/15/2016 PARENTS EDUCATING ON THE TREASURE COAST INC 15000 344440 09/15/2016 SUZANNE MILLWATER 5000 344441 09/15/2016 UNIFIRST CORPORATION 318.61 344442 09/15/2016 VCA ANIMAL HOSPITALS INC 110.20 344443 09/15/2016 ADVANCE STORES COMPANY INCORPORATED 6495 344444 09/15/2016 THE GIFFORD FLORIDA YOUTH ORCHESTRA 61500 344445 09/15/2016 T -MOBILE USA INC 612.00 344446 09/15/2016 FLORIDA EAST COAST HOLDINGS CORP 7.239 00 344447 09/15/2016 EASTERN PIPELINE CONSTRUCTION INC 1,25000 344448 09/15/2016 AC VETERINARY SPECIALTY SERVICES 111.00 344449 09/15/2016 BLACKSIDE TACTICAL INC 2.062.50 344450 09/15/2016 TITONE PROPERTIES LLC 475.00 344451 09/15/2016 FRANK ADAMSKI 4000 344452 09/15/2016 KIM THIEMANN 45 00 344453 09/15/2016 DANIEL RODRIGUEZ 4000 344454 09/15/2016 RAMON ECHEVERRIA 5000 344455 09/15/2016 BRET HAGWOOD 5000 344456 09/15/2016 GAYNELLE STEPHENS 50.00 344457 09/15/2016 ELIZABETH FLEMING 50.00 344458 09/15/2016 MICHELLE VANNESS 5000 344459 09/15/2016 LISA LIGHTLE 150 00 344460 09/15/2016 APRIL MARINO 388.27 344461 0.9,15/2016 TROPICAL REALTY OF SUNTREE INC 83 95 344462 09/15/2016 NETWORK ADJUSTERS INC 2.102.50 344463 09/15/2016 UTIL REFUNDS 2902 344464 09/15/2016 UTIL REFUNDS 6.17 344465 09/15/2016 UTIL REFUNDS 10.95 344466 09,15,12016 UTIL REFUNDS 79.92 344467 09/15/2016 UTIL REFUNDS 15.91 344468 09/15/2016 UTIL REFUNDS 10.04 344469 09/15/2016 UTIL REFUNDS 5080 344470 09/15/2016 UTIL REFUNDS 211 94 344471 09/15/2016 UTIL REFUNDS 4260 344472 09/15/2016 UTIL REFUNDS 42.33 344473 09/15/2016 UTIL REFUNDS 80.86 344474 09/15/2016 UTIL REFUNDS 74 70 344475 09/15/2016 UTIL REFUNDS 104.25 344476 09/15/2016 UTIL REFUNDS 49.94 344477 09/15/2016 UTIL REFUNDS 3697 344478 09/15/2016 UTIL REFUNDS 37 40 344479 0915/2016 UTIL REFUNDS 22560 344480 09/15/2016 UTIL REFUNDS 165.38 344481 09/15/2016 UTIL REFUNDS 28.20 344482 09/15/2016 UTIL REFUNDS 75.32 344483 09/15/2016 UTIL REFUNDS 75.32 344484 09/15/20) 6 UTIL REFUNDS 1 99 344485 09/15/2016 UTIL REFUNDS 32.21 344486 09/15/2016 UTIL REFUNDS 56.18 344487 09/15/2016 UTIL REFUNDS 3977 344488 09/15/2016 UTIL REFUNDS 247.71 16 TRANS NBR DATE VENDOR AMOUNT 344489 09/15/2016 UTIL REFUNDS 22.58 344490 09/15/2016 UTIL REFUNDS 83 85 344491 09/15/2016 UTIL REFUNDS 16.53 344492 09/15/2016 UTIL REFUNDS 28.47 344493 09/15/2016 UTIL REFUNDS 3.07 344494 09/15/2016 UTIL REFUNDS 36._'9 344495 09/15/2016 UTIL REFUNDS 5000 344496 09/15/2016 UTIL REFUNDS 31.35 344497 09/15/2016 UTIL REFUNDS 65 74 344498 09/15/2016 UTIL REFUNDS 32.21 344499 09/15/2016 UTIL REFUNDS 22 66 344500 09/15/2016 UTIL REFUNDS 76.28 344501 09/15/2016 UTIL REFUNDS 25 97 344.502 09/15/2016 UTIL REFUNDS 48.29 344503 .09/15/2016 UTIL REFUNDS 33.39 344504 09/152016 UTIL REFUNDS 8006 344505 09/15/2016 UTIL REFUNDS 107 86 344506 09/15/2016 UTIL REFUNDS 22.71 344507 09/152016 UTIL REFUNDS 63 74 Grand Total: 771.732.82 17 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1009744 09/09/2016 EVERGLADES FARM EQUIPMENT CO INC 3.886.63 1009745 09/09/2016 PARKS RENTAL & SALES INC 303 90 1009746 09/09/2016 COPYCOINC 40.37 1009747 09/09/2016 HENRY SCHEIN INC 5,75070 1009748 09/09/2016 NORTH SOUTH SUPPLY INC 25748 1009749 09/09/2016 COLD AIR DISTRIBUTORS WAREHOUSE 3 9.8 9 1009750 09/09/2016 INDIAN RIVER BATTERY 39200 1009751 09/09/2016 DAVIDSON TITLES INC 24.395 68 1009752 09/09/2016 MIKES GARAGE & WRECKER SERVICE INC 475.00 1009753 09/09/2016 APPLE INDUSTRIAL SUPPLY CO 274 64 1009754 09/09/2016 ALLIED UNIVERSAL CORP 16.448.86 1009755 09/09/2016 NEIATMANS POWER SYSTEMS 2.168.00 1009756 09/09/2016 IRRIGATION CONSULTANTS UNLIMITED INC 2341 1009757 09/09/2016 THE EXPEDITER 22644 1009758 09/09/2016 GROVE WELDERS INC 890.33 1009759 09/09/2016 SOUTHERN COMPUTER WAREHOUSE 629.75 1009760 09/09/2016 WIGINTON CORPORATION 57000 1009761 09/09/2016 VERO COLLISION CENTER 596.20 1009762 09/09/2016 NEC CORPORATION OF AMERICA 8,48594 1009763 09/09/2016 FERGUSON ENTERPRISES INC 4,53601 1009764 09/09/2016 HD SUPPLY FACILITIES MAINTENANCE LTD 453 44 1009765 09/09/2016 SHRIEVE CHEMICAL CO 14.769.35 1009766 09/09/2016 MIDWEST MOTOR SUPPLY CO 35 95 1009767 09/09/2016 FLAGLER CONSTRUCTION EQUIPMENT LLC 92.52 1009768 09/09/2016 GREAT SOUTHERN CONSTRUCTION 9807 1009769 09/09/2016 SYNAGRO-WWT INC 29.133.24 1009770 09/09/2016 SOUTHERN JANITOR SUPPLY INC 1.937.20 1009771 09/09/2016 CAPITAL OFFICE PRODUCTS 545.21 1009772 09/09/2016 METRO FIRE PROTECTION SERVICES INC 266.35 1009773 09/09/2016 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 173.71 1009774 09/09/2016 SIMS CRANE & EQUIPMENT CO 599.20 1009775 09/09/2016 BENNETT AUTO SUPPLY INC 412.31 1009776 09/09/2016 HYDRA SERVICE (S) INC 4.23200 1009777 09/09/2016 PACE ANALYTICAL SERVICES INC 216.00 1009778 09/09/2016 TIGHT LINE PRODUCTIONS INC 2,008.00 1009779 09/09/2016 MET -PRO TECHNOLOGIES LLC 8.534.00 1009780 09/09/2016 ALLIED DIVERSIFIED OF VERO BEACH LLC 90500 1009781 09/14/2016 AT&T 11.687.28 1009782 09/14/2016 OFFICE DEPOT BSD CUSTOMER SVC 502.23 1009783 09/14/2016 CALLAWAY GOLF SALES COMPANY 205 07 1009784 09/14/2016 WASTE MANAGEMENT INC 1.657 75 Grand Total: 148.855.11 IV] ELECTRONIC PAYMENTS -WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 4574 09/02/2016 KIMLEY HORN & ASSOC INC 15.558.80 4575 09/02/2016 CDM SMITH INC 26.051.00 4576 09/02/2016 VEROTOWN� LLC 28,972.99 4577 09/06/2016 AMERICAN FAMILY LIFE ASSURANCE CO 18.616.32 4578 09/07/2016 FL RETIREMENT SYSTEM 483.429 40 4579 09/07/2016 ALLSTATE 356.62 4580 09/07/2016 MUTUAL OF OMAHA 6.520.29 4581 09/09/2016 C E R SIGNATURE CLEANING 16.01000 4582 09/09/2016 INDIAN RIVER COUNTY SHERIFF 630.00 4583 09/09/2016 KAST CONSTRUCTION COMPANY LLC 95.975.31 4584 09/09/2016 FLORIDA LEAGUE OF CITIES; INC 5.175 70 4585 09/09/2016 ICMA RETIREMENT CORPORATION 11.93 7 09 4586 09/09/2016 NACO/SOUTHEAST 832.35 4587 09/09/2016 BENEFITS WORKSHOP 6.479 12 4588 09/09/2016 ICMA RETIREMENT CORPORATION 2.64-500 4589 09/09/2016 NACO/SOUTHEAST 24,183 60 4590 09/09/2016 IRC FIRE FIGHTERS ASSOC 6.720.00 4591 09/09/2016 FL SDU 5,540.88 4592 09/12/2016 IRS -PAYROLL TAXES 391.600 97 Grand Total: 1,147,235.44 W JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27`b Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: September 22, 2016 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS September 16, 2016 to September 22, 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 September 16, 2016 to September 22, 2016. Attachment: i 20 CHECKS NAM TTEN TRANS NBR DATE VENDOR AMOUNT 344508 09/16/2016 EMA INC 21,854 87 344509 09/22/2016 UTIL REFUNDS 2008 344510 09/22/2016 UTIL REFUNDS 174.54 344511 09/22/2016 UTIL REFUNDS 340.35 344512 091'22/2016 UTIL REFUNDS 4--,g-/ 344513 09/22/2016 UTIL REFUNDS 4.21 344514 09/221'2016 UTIL REFUNDS 54.22 344515 09,/22,2016 UTIL REFUNDS 45.89 344516 09/22/2016 UTIL REFUNDS 57.33 344517 09/22/2016 UTIL REFUNDS 4867 344518 09/22/2016 UTIL REFUNDS 44 65 344519 09/22/2016 UTIL REFUNDS 34 60 344520 09/22/2016 UTIL REFUNDS 76.34 344521 09/22/2016 UTIL REFUNDS 62 86 344522 09/22/2016 UTIL REFUNDS 39.32 344523 09/22/2016 UTIL REFUNDS 14694 344524 09/22/2016 UTIL REFUNDS 79 11 344525 09/22/2016 UTIL REFUNDS 71.97 344526 09/22/2016 UTIL REFUNDS 3396 344527 09/22/2016 UTIL REFUNDS 108.79 344528 09/22/2016 UTIL REFUNDS 19.31 344529 09/22/220 16 UTIL REFUNDS 43.21 344530 09/22/2016 UTIL REFUNDS 24.37 344531 09/22/2016 UTIL REFUNDS 24 91 344532 09/22/2016 UTIL REFUNDS 37.48 344533 09/22/2016 UTIL REFUNDS 44.31 344534 09/22/2016 UTIL REFUNDS 6489 344535 09/22/2016 UTIL REFUNDS 62.86 344536 09/22/2016 UTIL REFUNDS 11.22 344537 09/22/2016 UTIL REFUNDS 8484 344538 09/22/2016 UTIL REFUNDS 68.24 344539 09/22/2016 UTIL REFUNDS 7244 344540 09/22/2016 UTIL REFUNDS 2772 344541 09/22/2016 UTIL REFUNDS 35.11 344542 09/22/2016 UTIL REFUNDS 58.29 344543 09/22/2016 UTIL REFUNDS 5670 344544 09/22/2016 UTIL REFUNDS 19.07 344545 09/22!2016 UTIL REFUNDS 52.42 344546 09/22/2016 UTIL REFUNDS 8.25 344547 09/22/2016 UTIL REFUNDS 43 60 344548 09/22/2016 UTIL REFUNDS 44 60 344549 09/22/2016 UTIL REFUNDS 3145 344550 09/22/2016 UTIL REFUNDS 55 12 344551 09/22/2016 UTIL REFUNDS 5 95 344552 09;22/2016 UTIL REFUNDS 48.69 344553 09/22/2016 UTIL REFUNDS 54.85 344554 09/22/2016 PORT CONSOLIDATED INC 29.697 14 344555 09/22/2016 JORDAN MOWER INC 173 00 344556 09/22/2016 RANGER CONSTRUCTION IND INC 618 12 344557 09/22/2016 VERO CHEMICAL DISTRIBUTORS INC 340.20 344558 09/22/2016 SAFETY PRODUCTS INC 455.60 344559 09/22/2016 AT&T WIRELESS 558 44 344560 09/22/2016 E -Z BREW COFFEE & BOTTLE WATER SVC 2645 344561 09/22/2016 SAFETY KLEEN SYSTEMS INC 1-11000 344562 09/22/2016 AMERIGAS EAGLE PROPANE LP 24 19 344563 09/22/2016 AMERIGAS EAGLE PROPANE LP 134 00 344564 09/22/2016 AMERIGAS EAGLE PROPANE LP 95676 344565 09,22/2016 AMERIGAS EAGLE PROPANE LP 1.041.33 21 i TRANS NBR DATE VENDOR AMOUNT 344566 09/22/2016 AMERIGAS EAGLE PROPANE LP 1,065.08 344567 09/22/2016 A.MERIGAS EAGLE PROPANE LP 1.224.22 344568 09/22/2016 AMERIGAS EAGLE PROPANE LP 1.260.58 344569 09/22/2016 HD SUPPLY WATERWORKS. LTD 1.108 65 344570 09/22/2016 PETES CONCRETE 4 700 00 344571 09/22/2016 VERO INDUSTRIAL SUPPLY INC 15920 344572 09/22/2016 PROFORMA IMAGING 73.53 344573 09/22/2016 EMPRESS REEL GRINDING INC 4 700.00 344574 09/22%2016 TIRESOLES OF BROWARD INC 3.955.36 344575 09/22•'2016 XEROX CORP SUPPLIES 233 46 344576 09/22./2016 GOODYEAR AUTO SERVICE CENTER 780 16 344577 09/22/2016 BAKER & TAYLOR INC 6.963.28 344578 09/22/2016 MIDWEST TAPE LLC 899.20 344579 09/22/2016 MUrI CORP 208.34 344580 09/22/2016 HUDSON PUMP & EQUIPMENT 77665 344581 09/22/2016 MICROMARKETING LLC 76.38 344582 09/22/2016 BAKER DISTRIBUTING CO LLC 487 76 344583 09/22/2016 CENGAGE LEARNING CORPORATION 641 76 344584 09/22/2016 CLERK OF CIRCUIT COURT 167 72 344585 09/22/2016 CITY OF VERO BEACH 70.293.32 344586 09./22/2016 CHAPTER 13 TRUSTEE 201.08 344587 09/22/2016 UNITED WAY OF INDIAN RIVER COLTNTY 543 94 344588 09/22/2016 COMMERCIAL ENERGY SPECIALISTS 109.00 344589 09!22/2016 UNITED STATES POSTAL SERVICE 16.837 00 344590 09/22/2016 JANITORIAL DEPOT OF AMERICA INC 499.30 344591 09/22/2016 PUBLIX SUPERMARKETS 3695 344592 09/22/2016 PLTBLIX SUPERMARKETS 8 85 344593 09/22/2016 ACUSHNET COMPANY 158 76 344594 09/22/2016 CULTURAL COUNCIL OF IRC 23.703 02 344595 09/22/2016 GEAR FOR SPORTS INTL INC 62400 344596 09/22/2016 ST JOHNS RIVER WATER MGMT DISTRICT 20 000.00 344597 09/22/2016 WEST PUBLISHING CORPORATION 395 85 344598 09/22/2016 FEDERAL EXPRESS CORP 53 14 344599 09/22/2016 MUNICIPAL CODE CORPORATION 739 79 344600 09,22/2016 ELIZABETH MARTIN 97.01 344601 09/22/2016 MORGAN & EKLUND INC 23265.00 344602 09/22/2016 CITY OF SEBASTIAN 23.976.31 344603 09/22/2016 FLORIDA POWER AND LIGHT 77.022.15 344604 09/22/2016 UNITED STATES LIFESAVING ASSOCIATION 44000 344605 09/22/2016 TAYLOR MADE GOLF CO INC 2.563.30 344606 09/22/2016 GIFFORD YOUTH ACHIEVEMENT CENTER INC 1,937.68 344607 09/22/2016 CITY OF FELLSMERE 1400 344608 09/22/2016 NEW HORIZONS OF THE TREASURE COAST 23.461 75 344609 09/22/2016 SUNSHINE STATE ONE CALL OF FL INC 1.067.30 344610 09/22/2016 LANGUAGE LINE SERVICES INC 60 15 344611 09/22/2016 STRUNK FUNERAL HOMES & CREMATORY 425.00 344612 09/22/2016 HENRY SMITH 4800 344613 09/22/2016 OSCEOLA COUNTY 10.118.27 344614 09'22/2016 JOHN BROWN & SONS INC 1.500.00 344615 09/22/2016 PINNACLE GROVE LTD 50000 344616 09/22/2016 DAVCO ELECTRICAL CONTRACTORS CORP 5.352.85 344617 09/22/2016 SII\4PLEXGRINNELL LP 655.50 344618 09/22/2016 FLORIDA DEPT OF STATE DIV OF ADMIN 20000 344619 09/22/2016 INDIAN RTVER COUNTY HOUSING AUTHORITY 474.58 344620 09/22/2016 FLORIDA ASSOC OF CODE ENFORCEMENT 35 00 344621 09/22/2016 PERKINS COMPOUNDING PHARMACY 2005 344622 09/22/2016 PRIMA 15000 344623 09/22/2016 RUSSELL PAYNE INC 41664 344624 09/122/2016 CEL1CO PARTNERSHIP 271 67 344625 09/22/2016 DOWN UNDER TANK TESTING OF FLORIDA INC 1.82000 22 TRANS NBR DATE VENDOR AMOUNT 344626 09/22/2016 VAN WAL INC 715 00 344627 09/22/2016 M T CAU SLEY INC 21.7.35.00 344628 09/22/2016 OCLC ONLINE COMPUTER LIBRARY CENTER 421 89 344629 09/22/2016 E W SINTER & ASSOCIATES INC 1.700.00 344630 09/22/2016 STAPLES CONTRACT & COMMERCIAL INC 19.24 344631 09!22%2016 PELICAN ISLES LP 500.00 344632 09/22/2016 ELIZABETH POWELL 53 00 344633 09/22!2016 ADMIN FOR CHILD SUPPORT ENFORCEMENT 255.56 344634 09,/22/2016 ADMIN FOR CHILD SUPPORT ENFORCEMENT 25903 344635 09/22/2016 ADMIN FOR CHILD SUPPORT ENFORCEMENT 144.53 344636 09/22/2016 LARRY STEPHENS 4800 344637 09/22/2016 JOANNE KNOTT 15000 344638 09!22/2016 SUNCOAST REALTY & RENTAL MGMT LLC 50000 344639 09/22/2016 PETER OBRYAN 62 74 344640 09,222016 JOHNNY B SMITH 4800 344641 09/22!2016 FISHER & PHILLIPS LLP 291.50 344642 09,22/2016 TR.ADEWINDS POWER CORP 62.865.00 344643 09/22/2016 TREASURE COAST FOOD BANK INC 20266 344644 09/22/2016 VERO BEACH BROADCASTERS LLC 349 95 344645 09/22/2016 MARINCO BIOASSAY LABORATORY INC 2.28000 344646 09/22/2016 NICOLACE MARKETING INC 2.232.50 344647 09/22/2016 TRJTEL INC 49.50 344648 09/22/2016 WINSUPPLY OF VERO BEACH 71.66 344649 09/22/2016 YOLANDA BELL 50.00 344650 09/22/2016 LARIAT ENTERPRISES INC 4-5995 344651 09/22/2016 VERA SMITH 4800 344652 09!22/2016 INEOS NEW PLANET BIOENERGY LLC 300 344653 09/22/2016 ATLANTIC COASTAL LAND TITLE CO LLC 175.00 344654 09/22/2016 JOHN MONTALBANO 50.00 344655 09/22/2016 ECMC 247.93 344656 09/22/2016 JANCY PET BURIAL SERVICE INC 55.25 344657 09/22/2016 SYN -TECH SYSTEMS INC 1.955 75 344658 09/22/2016 PROMATIC INC 4.500.00 344659 09/22/2016 GFA INTERNATIONAL INC 11.505.00 344660 09/22/2016 MOORE MOTORS INC 181 47 344661 09/22/2016 ERIC YOUNG 50.00 344662 09/222016 TIM ZORC 53970 344663 09/22/2016 REPROGRAPHIC SOLUTIONS INC 97 76 344664 09./222016 LOWES HOME CENTERS INC 184.14 344665 09/22/2016 LABOR READY SOUTHEAST INC 20.713 19 344666 09/22/2016 CANON SOLUTIONS AMERICA INC 1,058 16 344667 09/22/2016 BURNETT LIME CO INC 3,161.20 344668 0922/2016 SOUTHWIDE INDUSTRIES INC 4.675 00 344669 09/22/2016 PENGUIN RANDOM HOUSE LLC 144.75 344670 09/22/2016 FAMILY SUPPORT REGISTRY 15645 344671 09/22/2016 KB HOME JACKSONVILLE LLC 7.61200 344672 09,222016 THE TRANSIT GROUP INC 2.54900 344673 09/22/2016 AMERICAN AIR LIQUIDE HOLDINGS INC 3.946.80 344674 09/22/2016 GOTTA GO GREEN ENTERPISES INC 47.60 344675 0922/2016 ADVANCE STORES COMPANY INCORPORATED 95.04 344676 09.22/2016 VJAGEWORKS INC 152 75 344677 09322/2016 EASTERN PIPELINE CONSTRUCTION INC 3.12500 344678 09/222016 SQUARE TWO FINANCIAL CORPORATION 481.22 344679 09/22/2016 MITY LITE INC 49.750.59 344680 09/22/2016 TRIHEDRAL INC 64.598.94 344681 09.22/2016 WILLIAM & KRISTEN LANDT 50000 344682 0922/2016 LASHAWNDA JOHNSON 5000 344683 09/22/2016 WILLIE HOLLOMAN 5000 344684 09/22/2016 ISAMARIE LOPEZ 5000 344685 09/22/2016 NANCY FORD 15000 23 TRANS NBR DATE VENDOR AMOUNT 344686 09/22!2016 KATIE DIOU 50.00 344687 09/22/2016 VERO BEACH AUTO DEALERSHIP LLC 46800 344688 09/22!2016 RACHEL CARROLL 81.08 344689 09/22/2016 CHAMARIA GAINES 32 03 344690 0922/2016 FETTIGS CONSTRUCTION INC 75 00 344691 09/22/2016 NICOLE STETZER. 27.05 344692 09/22/2016 UTIL REFUNDS 79 14 344693 09/22/2016 UTIL REFUNDS 90 16 344694 09/22 /2016 UTIL REFUNDS 66 82 344695 09/222016 UTIL REFUNDS 43 78 344696 09/22/2016 UTIL REFUNDS 5660 344697 09/22;'2016 UTIL REFUNDS ? 1 95 344698 09/22!2016 UTIL REFUNDS 92.38 344699 0922/2016 UTIL REFUNDS 7990 344700 09/22/2016 UTIL REFUNDS 12460 344701 09/22/2016 UTIL REFUNDS 3863 344702 09/22/2016 UTIL REFUNDS 99.57 344703 09222016 UTIL REFUNDS 78.32 344704 09/22/2016 UTIL REFUNDS 3.38 344705 09/22/2016 UTIL REFUNDS 3766 344706 09/22/2016 UTIL REFUNDS 52 76 344707 09/222016 UTIL REFUNDS 43 69 344708 09/22/2016 UTIL REFUNDS 27.20 344709 09/22/2016 UTIL REFUNDS 45 13 344710 09/22/2016 UTIL REFUNDS 75.22 344711 09/22/2016 UTIL REFUNDS 10.51 344712 09/22/2016 UTIL REFUNDS 6664 344713 09!22/2016 UTIL REFUNDS 2.56 344714 09/22!2016 UTIL REFUNDS 10466 344715 09/22/2016 UTIL REFUNDS 26.59 344716 09/22/2016 UTIL REFUNDS 2204 344717 09/22/2016 UTIL REFUNDS 15077 344718 09/22/2016 UTIL REFUNDS 44.38 344719 09/22/2016 UTIL REFUNDS 2260 344720 09/22/2016 UTIL REFUNDS 11.06 344721 09/22/2016 UTIL REFUNDS 37.66 344722 09/22/2016 UTIL REFUNDS 10000 344723 09/22/2016 UTIL REFUNDS 61 03 344724 09/22/2016 UTIL REFUNDS 4.61 344725 09/22/2016 UTIL REFUNDS 37.56 344726 09/22/2016 UTIL REFUNDS 86.22 344727 09/22/2016 UTIL REFUNDS 55 05 344728 09/222016 UTIL REFUNDS 3 ] 49 344729 09/22/2016 UTIL REFUNDS 6504 344730 09!222016 UTIL REFUNDS 3602 344731 09/212016 UTIL REFUNDS 79.27 344732 09/22/2016 UTIL REFUNDS 21 78 344733 09/22/2016 UTIL REFUNDS 68.38 344734 09/22'2016 UTIL REFUNDS 19647 344735 09/22/2016 UTIL REFUNDS 86.22 344736 09/22/2016 UTIL REFUNDS 64.60 344737 09,%22/2016 PERERS ENTERPRISES INC 22.382 91 344738 09/22/2016 AT&T WIRELESS 570.83 344739 09/22/2016 DELTA SUPPLY CO 1.592.34 344740 09,/22/2016 E -Z BREW COFFEE & BOTTLE WATER SVC 67.39 344741 09/22/2016 KSM ENGINEERING & TESTING INC 180.00 344742 09/22/2016 JAMAR TECHNOLOGIES INC 2,204 77 344743 09/22!2016 EXPRESS REEL GRINDING INC 1,000.00 344744 09/22/2016 TIRESOLES OF BROWARD INC l.6] 1 00 344745 09/222016 CARTER ASSOCIATES INC 4.095 00 24 TRANS NBR DATE VENDOR ,AMOUNT 344746 09/22/2016 ARMFIELD WAGNER APPRAISAL AND RESEARCH INC 1.40000 344747 09/22/2016 DELL MARKETING LP 384 76 344748 09/22/2016 VERO COLLISION CENTER 596.20 344749 09/22/2016 BAKER DISTRIBUTING CO LLC 184 01 344750 09;22/2016 BAKER DISTRIBUTING CO LLC 55 00 :44751 09/22/2016 CENGAGE LEARNING CORPORATION 14544 344752 09/22'2016 INDIAN RIVER COUNTY HEALTH DEPT 525 00 34475: 09/22/2016 INDIAN RIVER ALL FAB INC 5.475 93 344754 09/22/2016 JANITORIAL DEPOT OF AMERICA INC 293 19 344755 09/22/2016 HENRY FISCI4ER & SONS INC 58000 344756 09/22/2016 ARTHUR J GALLAGHER RISK MGMT SERV INC 225 00 344757 09/22/2016 GIFFORD YOUTH ACHTEVEMENT CENTER INC 7.036 68 344758 09/22/2016 TRC HEALTHY START COALITION INC 50000 344 759 09/22/2016 1RC HEALTHY START COALITION INC 2.500.00 344760 09/22/2016 BE SAFE SECURITY ALARMS INC 20970 344761 09/22/2016 GREY HOUSE PUBLISHING 199.00 344762 09/22/2016 DAVCO ELECTRICAL CONTRACTORS CORP 14.000 00 344763 09/22'2016 THE PALMS AT VERO BEACH 49300 344764 09/22/2016 ,JOHNS EASTERN COMPANY INC 9.814.13 344765 09/22/2016 CHRIS K BLAHNIK 50000 344766 09/22/2016 FISHER & PHILLIPS LLP 1.139.50 344767 09/22/2016 INDIAN RIVER RDA LP 293.00 344768 09/22/2016 MARC ALPERT 50000 344769 09!22/2016 ALAN JAY CHEVROLET CADILLAC 23.047.64 344770 09/22/2016 HEATHER HATTON 5000 344771 09/22/2016 LOWES HOME CENTERS INC 327 98 344772 09/22/2016 LABOR READY SOUTHEAST INC 48360 3447731 09/22/2016 STRAIGHT OAK LLC 454.65 344774 09/22/2016 RYAN HERCO PRODUCTS CORP 104.00 344775 09!22/2016 THE LAW OFFICES OF 1.161 00 344776 09/22/2016 FOUNDATION FOR AFFORDABLE RENTAL 1.372.00 344777 09/22/2016 GIVING KIDZ A CHANCE INC 1,66700 344778 09/22/2016 GIVING KIDZA CHANCE INC 1.00000 344779 09/22/2016 ODBS ENTERPRISES LLC 2,62500 344780 09/22/2016 COCA COLA BEVERAGES FLORIDA LLC 127.20 344781 09/22/2016 GENUINE PARTS COMPANY 113 61 344782 09/22/2016 BERGER SINGERMAN LLP 632.50 344783 09/22/2016 GERELCO TRAFFIC CONTROLS INC 12,22820 344784 09/22/2016 UNIFIRST CORPORATION 539.28 344785 09x'22/2016 VCA ANTI MAL HOSPITALS INC 42.00 344786 09/22/2016 SCHUMACHER AUTOMOTIVE DELRAY LLC 228 93 344787 09/22/2016 EGP DOCUMENT SOLUTIONS LLC 68.25 344788 09/22/2016 OFFICE INK PROS INC 777 84 344789 09/22/2016 OKLAHOMA SIMMS 4800 344790 09/22/2016 ALMA LUCKETT 854 00 344791 09/22/2016 TRUEAERO LLC 8.333 33 Grand Total: 816.723.81 25 ELECTRONIC PAYMENT - �TTSA CARD TRANS. NBR DATE VENDOR AMOUNT 1009785 09/16/2016 AT&T 8.921.64 1009786 09/16/2016 OFFICE DEPOT BSD CUSTOMER SVC 45818 1009787 09/16/2016 CALLAWAY GOLF SALES COMPANY 631 46 1009788 09/19,2016 EVERGLADES FARM EQUIPMENT CO INC 299 01 1009789 091'19/3016 COLKITT SHEET METAL & A/C INC 219.00 1009790 09/19/2016 ROBINSON EQUIPMENT COMPANT)' INC 2.0()4.30 1009791 091192016 HENRY SCHEIN INC 375 96 1009792 09'19!2016 INDIAN RIVER BATTERY 678 90 1009793 091`19/2016 DEMCO INC 342_ 87 1009794 09'19'2016 DAVIDSON TITLES INC 1.54429 1009795 09!]9/2016 MUMFORD LIBRARY BOOKS INC 4.952 1-/ 1009796 09/1922016 MIKES GARAGE & WRECKER SERVICE INC 4.608 73 1009797 09/19/2016 MEEKS PLUMBING INC 55149 1009798 09/19/2016 ABCO GARAGE DOOR CO INC 14000 1.009799 09/19/2016 ALLIED UNIVERSAL CORP 5.194 86 1009800 09/19/2016 HILL MANUFACTURING CO INC 77045 1009801 09/19/2016 GROVE VdELDERS INC 912.08 1009802 09/19/2016 COMPLETE RESTAURANT EQUIPMENT LLC 7,212.02 1009803 09/19;2016 FIRST HOSPITAL LABORATORIES INC 32.25 1009804 09/19/2016 NEC CORPORATION OF AMERICA 2.832.00 1009805 09/19/2) 0 16 DEERE & COMPANY 7,58946 1009806 09/19/2016 FERGUSON ENTERPRISES INC 1.768.67 1009807 09/19/2016 PERKINS INDIAN RIVER PHARMACY 1326 1009808 09/19;2016 PRIDE ENTERPRISES 2,807 88 1009809 09/19/2016 MIDWEST MOTOR SUPPLY CO 447.32 1009810 09/19/2016 FLAGLER CONSTRUCTION EQUIPMENT LLC 5,015 00 1009811 09/19/2016 SOUTHERN JANITOR SUPPLY INC 3.49409 1009812 09/19/2016 CAPITAL OFFICE PRODUCTS 1.435 94 10098] 3 09/19/2016 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 31402 1009814 09/19/2016 BENNETT AUTO SUPPLY INC 53.33 1009815 09/19/2016 STAT MEDICAL DISPOSAL INC 815 00 1009816 09/19/2016 PACE ANALYTICAL SERVICES INC 3.830 00 1009817 09/19/2016 FPS OFFICE SOLUTIONS LLC 98 07 1009818 09!21/2016 AT&T 9.381.54 1009819 09/21,2016 OFFICE DEPOT BSD CUSTOMER SVC 871 01 1009820 09/21/2016 WASTE MANAGEMENT INC 3.821 17 Grand Total: 84.527.42 I 26 27 1 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 4593 09/16/2016 WRIGHT EXPRESS FSC 20,662.09 4594 09/16/2016 VETERANS COUNCIL OF I R C 6.369 78 4595 09/16,'2016 SCHOOL DISTRICT OF I R COUNTY 85.640.00 j 4596 09/16/2016 KERNS CONSTRUCTION K PROPERTY 81.757 67 4597 09/16/2016 IRS -PAYROLL TAXES 20.916 41 4598 09/16/2016 ATLANTIC COASTAL LAND TITLE CO LLC 253.412.28 4599 09,'19/2016 FLORIDA DEPARTMENT OF REVENUE 8.21 l 64 4600 09/19/2016 FLORIDA DEPARTMENT OF REVENUE 1.929.36 4601 09/1.912016 FLORIDA DEPARTMENT OF REVENUE 873 I3 4602 09/19/2016 FLORIDA DEPARTMENT OF REVENUE 1,41447 4603 09/21/2016 COLLINS. BROVdT; CALDWELL. BARKETT; ?34.434.02 4604 09/22/2416 INDIAN RIVER COUNTY TAX COLLECTOR 19.623 42 Grand Total: 735,244.27 E I 27 1 Consent Agenda - B CC 10 4 16 Office of INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pmgolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Kate Pingolt Cotner, Assistant County Attorne` DATE: September 21, 2016 SUBJECT: Lobbyist for 2017 Legislative Session BACKGROUND: ATTORNEY Since February 17, 2015, Anfield Consulting, Inc., has been assisting Indian River County with various issues including, but not limited to, legislation regarding the Florida Municipal Power Agency and obtaining funding for water projects. The current term of Indian River County's contract with Anfield Consulting, Inc., is from January 1, 2016, to December 1, 2016. The County Attorney's Office recommends continuing to utilize Anfield Consulting, Inc., during the 2017-2018 State Legislative Session. FUNDING: Funding for lobbying services have been included in the BCC Office budget under the Other Professional Services Account Number 00110111-033190 for $120,000.00. RECOMMENDATION: The County Attorney's Office recommends that the Board enter into an agreement with Anfield Consulting, Inc., for lobbying services for the term of January 1, 2017, to December 31, 2017, and authorize the County Administrator to execute the referenced agreement. ATTACHMENT(S). Agreement for Professional Services Approved for October 4, 2016 BCC Meeting Consent Agenda COUNTY ATTORNEY 28 Indian River Co. Ap ved Date Admin. 17/dilk Co. At Budget Department Risk Management --- -- 28 AGREEMENT FOR PROFESSIONAL SERVICES This contract for professional services (hereinafter referred to as "Agreement") is by and between Anfield Consulting, Inc. a privately -owned corporation registered in the State of Florida (hereinafter referred to as "ANFIELD"), and Indian River County of the State of Florida (hereinafter referred to as "CLIENT"). ANFIELD and CLIENT shall collectively be referred to as the "Parties." (1) Services: ANFIELD shall assist CLIENT with lobbying all relevant issues before the State Legislature and the Executive Branch including all relative agencies. Specific services shall include, tracking of legislation impacting the County, drafting legislation as needed, securing sponsors for bills and amendments and passage of same. Promoting and secure appropriations for projects as requested. In addition ANFIELD shall serve as a representative and spokesperson in meetings with state, regional and local governmental entities, members of the Florida Legislature, executive and legislative branch staff, and other stakeholders in Florida. All representations made by ANFIELD on CLIENT'S behalf shall be subject to prior approval by CLIENT'S authorized representative, Jason E. Brown, County Administrator or his designee. (2) Term and Compensation: The term of this Agreement will commence on January 1, 2017, and end December 31, 2017. CLIENT will pay ANFIELD the sum total of one hundred and twenty thousand dollars ($120,000.00) to perform the services specified in Section (1) (the total sum may also be referred to as the "fee"). Fee payment shall be made as follows: twelve (12) payments in the amount of ten thousand dollars ($10,000.00) each shall be payable monthly beginning with the following month, and upon receipt of an invoice from ANFIELD. All payments will be made by check or money order consistent with Section (3) of this Agreement. After consultation and with prior approval from CLIENT, ANFIELD may retain the services of third parties as necessary to successfully complete all assignments from CLIENT. Unless otherwise agreed to by CLIENT any additional representation shall be included under the terms of this agreement. The retainer and monthly fee payable to ANFIELD covers all incidental costs or fees related to services provided by subcontractors identified by ANFIELD and authorized by CLIENT for retention such as regular U.S. mail, copies, and telephone. However, ANFIELD shall be entitled to reimbursement in addition to the retainer and monthly fee for those additional expenses including but not limited to business travel, lodging, state or local lobbying registration or renewal fees, express mail costs, costs of preparing Page 1 of 3 29 presentation materials needed to represent the client, and similar related costs during the term of the agreement. ANFIELD will discuss such expenditures before incurring them and to receive prior authorization for said expenses from CLIENT'S authorized representative, Jason Brown, County Administrator. (3) Issuance of Payments and Notice: CLIENT shall make checks payable to ANFIELD Consulting, Inc. and send payment(s) to: 201 West Park Avenue, Suite 100, Tallahassee, FL 32301. All written notices from CLIENT to ANFIELD shall also be sent to this address. (4) Renewal and Termination: This Agreement may be modified or extended only by a written document signed by both Parties. Conversely, either Party may terminate this Agreement prior to the date (if applicable) established in section (2) of this Agreement by providing written notice to the other Party thirty (30) days prior to the desired date of termination. CLIENT shall pay ANFIELD for any and all services and CLIENT approved expenses during the term of this Agreement up to and until the established date of termination. In the event of early termination, the final amount to be paid shall be established on a pro -rata basis based on number of business days in a calendar year. If retainer and monthly fee exceed the pro -rata amount due, ANFIELD shall remit the difference within 30 days of termination in a check or money order payable to: Indian River County. (5) Governing Law: This Agreement is executed in the State of Florida and shall be construed, interpreted, and governed by the laws of such state, and by all applicable laws of the United States of America. (6) Confidentiality: ANFIELD acknowledges and understands that this Agreement and the services rendered to the CLIENT are confidential between the two Parties and that a violation or breach of confidentiality is cause for termination and other relief pursuant to section (5) of this Agreement. (7) Agreement Execution: The Parties, after reviewing, reading, and understanding the contents of this document, do hereby execute this Agreement by their respective signatures. This Agreement is effective as of the date of the last signature below. For Anfield Consulting Inc_: September 21, 2016 Albertal o,a ging Member Date Executed Page 2 of 3 30 For Indian River County: Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY : rc#� Dylan eingold, Itounty Attorney Page 3 of 3 Date Executed 131 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pmgolt Cotner, Assistant County Attorney Consent Agenda - B. C.C. 10. 4.16 Ofce of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: September 26, 2016 ATTORNEY SUBJECT: Resolution Establishing the Public Safety Coordinating Council for Criminal Justice, Mental Health and Substance Abuse BACKGROUND Section 394.657, Florida Statutes requires each board of county commissioners to designate a county public safety coordinating council or other designated criminal or juvenile justice mental health and substance abuse council or committee to make a formal recommendation to the board of county commissioners regarding how the Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant Program may best be implemented within a community. On July 12, 2016, the Indian River County Board of County Commissioners (the "Board") authorized the County Attorney's Office to monitor the membership of the Public Safety Coordinating Council (the "Council") consistent with the requirements of Section 394.657, Florida Statutes. The attached resolution formally establishes the Council. Approved for October 4, 2016 BCC Meeting Consent Agenda COUNTY ATTORNEY k' Yuornn•�Chrisrinn`RrwlurlonsUl•mo(Rrsulurion) IWC-031131.rkry Indian River Co. Approved Date Admin. Co. Atty. Budget Department --- --- Risk Management --- --- 32 Board of County Commissioners September 26, 2016 Page Two FUNDING There is no funding associated with this item. RECOMMENDATION The County Attorney's Office recommends that the Board approve the attached resolution. ATTACHMENT Resolution Establishing the Public Safety Coordinating Council for Criminal Justice, Mental Health and Substance Abuse F W norneof'hri..9rnnVtesnlntlnnaU lenrn (Resolution) PSC -(JARS I rkr 33 RESOLUTION NO. 2016- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING THE PUBLIC SAFETY COUNCIL FOR CRIMINAL JUSTICE, MENTAL HEALTH AND SUBSTANCE ABUSE. WHEREAS, Indian River County is required to establish a Public Safety Council For Criminal Justice, Mental Health and Substance Abuse, pursuant to Florida Statutes Section 394.657; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. ESTABLISHMENT. The Indian Rover County Public Safety Council For Criminal Justice, Mental Health and Substance Abuse is hereby established. 2. MEMBERSHIP. The Public Safety Council For Criminal Justice, Mental Health and Substance Abuse Committee shall have 20 members. There are no resident requirement for members. The members are appointed as follows: a. The. state attorney, or an assistant state attorney designated by the state attorney. b. A public defender, or an assistant public defender designated by the public defender. c. A circuit judge designated by the chief judge of the circuit. d. A county court judge designated by the chief judge of the circuit. e. The chief correctional officer. f. The sheriff, if the sheriff is the chief correctional officer, or a person designated by the sheriff. g. The police chief, or a person designated by the local police chiefs association h. The state probation circuit administrator, or a person designated by the state probation circuit administrator. 1 RESOLUTION NO. 2016- i. The local court administrator, or a person designated by the local court administrator. j. The chairperson of the board of county commissioners, or another county commissioner designated by the chairperson, or, if the planning council is a consortium of counties, a county commissioner or designee from each member county. k. The director of any county probation or pretrial intervention program, if the county has such a program. 1. The director of a local substance abuse treatment program, or a person designated by the director. in. The director of a community mental health agency, or a person designated by the director. n. A representative of the substance abuse program office and the mental health program office of the Department of Children and Families, selected by the substance abuse and mental health program supervisor of the district in which the county is located. o. A primary consumer of mental health services, selected by the substance abuse and mental health program supervisor of the district in which the primary consumer resides. If multiple counties apply together, a primary consumer may be selected to represent each county. p. A primary consumer of substance abuse services, selected by the substance abuse and mental health program supervisor of the district in which the primary consumer resides. If the planning council is a consortium of counties, a primary consumer may be selected to represent each county. q. A family member of a primary consumer of community-based treatment services, selected by the abuse and mental health program supervisor of the district in which the family member resides. A representative from an area homeless program or a supportive housing program. s. The director of the detention facility of the Department of Juvenile Justice, or a person designated by the director. t. The chief probation officer of the Department of Juvenile Justice, `or an employee designated by the chief probation officer. 2 i 35 i RESOLUTION NO. 2016- 3. POWERS AND DUTIES. The Public Safety Council For Criminal Justice, Mental Health and Substance Abuse shall have the power and duty to recommend courses of action for the Board of County Commissioners to take with respect to any and all matters encompassed by Section 394.657, Florida Statutes, County Planning Councils or Committees. 4. ADVISORY STATUS. The Public Safety Council For Criminal Justice, Mental Health and Substance Abuse shall be advisory only and the members shall serve without compensation. 5. GENERAL PROVISIONS. The provisions of Title 1, Chapter 103, relating to the advisory boards and commissions shall apply to this Committee. The Committee shall elect from among its voting members a chairman and a vice-chairman annually at its first meeting in January, or at its next meeting if no meeting is held in January. Each chair and vice chair shall serve for a one-year term and may be reelected but shall be limited to two successive annual terms, at which point they would be ineligible to chair the committee for at least one year. 6. MEETINGS. A meeting may be called at the request of either staff or the chair of the Committee. The agenda for each meeting shall be established by the chairman in coordination with County staff. The chairman, Committee member, or staff may place matters on the agenda. Any Committee member may make an oral or written report on committee activity at a subsequent Board of County Commissioners meeting under its "Commissioners Items." 7. CONSULTANTS. The chair or individual Committee members are prohibited from contacting consultants or vendors retained by the County. The resolution was moved for adoption by Commissioner and the motion was seconded by Commissioner to a vote, the vote was as follows: Chairman Bob Solari Vice Chairman Joseph E. Flescher and upon being put Commissioner Wesley S. Davis - Commissioner Peter D. O'Bryan Commissioner Tim Zorc 3 1 36 RESOLUTION NO. 2016 - The Chairman thereupon declared the resolution duly passed and adopted this day of October, 2016. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA ATTEST: Jeffrey R. Smith, Clerk Of the Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: By: �ylan�Regold, County Attorney 0 By: Bob Solari, Chairman BCC approval date: 37 CONSENT: 10/4/16 Of ce of INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: The Board of County Commissioners FROM: Dylan Reingold - County Attorney DATE: September 27, 2016 ATTORNEY SUBJECT: Blue Goose Sand Mine (formerly known as Ranch Road Lake Sand Mine) — Transfer of Compliance and Restoration Escrow from Phase 1 to Phase 3 Phase 1 of Blue Goose Sand Mine (formerly known as Ranch Road Lake Sand Mine) has been restored to the satisfaction of the County based on a site inspection, and the Developer is ready to proceed to Phase 3 and wishes to transfer those funds presently in escrow with the County from Phase 1 to Phase 3. Attached for your approval is a Cash Deposit and Escrow Agreement for Compliance and Restoration for Phase 3. The compliance security is in the amount of $70,290.00; and the restoration security is in the amount of $51,430.00, and the agreement earmarks the transfer of the funds. FUNDING: There is no cost associated with this item. RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute the attached Cash Deposit and Escrow Agreement for Compliance and Restoration with regard to the transfer of escrowed funds from Phase 1 to Phase 3. /nhm Attachment Approved for October 4, 2016 BCC Meeting CONSENT COU&TY ATTORNEY Indian River Co. App Date Administrator County Attorney Budget Z Department Risk Management --- 38 PHASE 3 CASH DEPOSIT AND ESCROW AGREEMENT FOR COMPLIANCE AND RESTORATION RE: BLUE GOOSE SAND MINE, PHASE 3 (FORMERLY KNOWN AS RANCH ROAD LAKE SAND MINE) SP -MA -05-01-02 (PH3)(2004040371) THIS AGREEMENT is entered into this day of , 2016, by and between BAYTREE VENTURES, LLC, a Florida limited liability company (Developer), and INDIAN RIVER COUNTY, a political subdivision of the State of Florida (County): WITNESSETH: WHEREAS, Developer is mining certain property within Indian River County and is required to post bonds insuring compliance with the, requirements of the approved mining site plan; Indian River County Code Section 934.07; and restoration of the site; and WHEREAS, on August 18, 2015 County approved the Assignment of Cash Deposit and Escrow Agreement for Compliance and Restoration with regard to Ranch Road Lake Sand Mine, Phase 1, now known as Blue Goose Sand Mine; and the funds posted by Ranch Road Lake, L.L.C. under Phase 1 were assigned by the Chapter 7 Trustee in bankruptcy for Ranch Road Lake, L.L.C. to Baytree Ventues, LLC; those funds being in the amount of $70,290.00 in cash to insure compliance ($51,430.00) and restoration ($18,860.00) with the requirements of the approved mining site plan for Phase 1; and WHEREAS, Phase 1 was restored to the satisfaction of the County based on site inspection and the Developer is now desirous to move into Phase 3; and WHEREAS, Developer wishes to transfer the entire $70,290.00 cash being held by County, from Phase 1 to Phase 3, NOW, THEREFORE, in consideration of the agreements, promises, and covenants set forth herein, and other good and valuable considerations, the parties hereto agree as follows: 1. The Developer agrees to the transfer of the entire $70,290.00 from Phase 1 to Phase 3; said sum shall continue to be held in escrow by the County Office of Management and Budget (Escrow Agent), but ,39 earmarked/obligated for Phase 3, subject to the terms, conditions and covenants of this escrow agreement as assurance that Developer shall perform in all respects the obligations of Indian River County Code Chapter 934 with respect to site plan compliance and site restoration. 2. Upon completion of the restoration of each mine phase, the Developer may obtain a disbursement from the escrow account by making a written request to Indian River County's Community Development Director. The request shall specify the amount of disbursement, and shall be accompanied by a sealed certificate from Developer's engineer that the mine is in compliance and has been restored in accordance with the most recent set of plans approved and on file with the County. 3. Within seven (7) working days after receipt of a disbursement request, the Community Development Director shall cause an inspection of the work for which payment is sought. If the Community Development Director is satisfied in all respects with the condition of the site and certifications, the Community Development Director shall deliver written notice to disburse to the County Office of Management and Budget. Upon receipt of the notice to disburse, the Office of Management and Budget shall make the disbursement described therein directly to Development or its legal representatives, heirs, successors or assigns, absent bankruptcy, court order, or an assignment. 4. Upon failure to comply with all the requirements of the site plan approval, including but not limited to unapproved off-site discharge of water, failure to confine hauling to approved hauling routes, operating in violation of the safety/security plan, excavating within required setbacks, mining of additional phases prior to restoration of the previous phase, and activity not consistent with permits issued by other jurisdictional agencies; or if Developer fails to perform all or any part of the obligations of restoration and reclamation, including, but not limited to mine abandonment prior to restoration, restoration not completed within the approved time frame, restoration not consistent with the restoration plan and Chapter 934 of the Indian River County Code, and restoration activity not consistent with permits issued by other jurisdictional agencies, the County may utilize escrowed funds to achieve compliance and/or restoration. All funds remaining in the escrow account at the time default is declared by the County shall be available for use by the County. Said funds shall be disbursed to the County upon receipt by the Office of Management and Budget of a certified copy of a resolution of the Board of County Commissioners stating that Developer has failed to comply with Indian River County Code Chapter 934 site plan or restoration conditions of the mining approval, and that said funds are necessary to achieve compliance and/or restoration. All funds disbursed to County in excess of the final amount determined necessary by the County shall be returned to Developer, its legal representatives, heirs, successors or assigns, absent bankruptcy, court order, or an assignment, at the completion of site restoration. 40 5. Any interest earned during the term of escrow, less administrative expenses, shall be disbursed at close of escrow unless necessary for County to utilize in cure of developer's default. 6. The funds deposited hereunder exist solely for the protection, use and benefit of the County and shall not be construed or intended in any way, expressly or impliedly, to benefit or secure payment to any contractor, subcontractor, laborer, materialman, architect, engineer, attorney or other party providing labor, material, supplies, or services to Developer while such funds remain subject to this escrow agreement. The County shall not be liable to any of the aforementioned parties for claims against the Developer relating to the approved mining site. 7. Alternate security, in the form of performance bonds or letters of credit, may be substituted with the approval of the County Attorney. 8. This Agreement is the full and complete understanding of the parties and shall not be construed or amplified by reference to any prior agreement, discussion, or understanding, except as specifically mentioned herein. This Agreement shall not be assigned without the express written approval of the County. Any amendment, deletion, modification, extension, or revision hereof or hereto shall be in writing, and executed by authorized representatives of each party. IN WITNESS WHEREOF, the parties hereto have set their hands and seals. The effective date of this Agreement shall be the date of approval by the Board of County Commissioners. Signed in the presence of: BAYTREE VENTURES, LLC, a Florida limited liability company sign name: Ic -3 print name: r o J 4 (as to both) sign nam . print name. ft (as to Date:Q" n ` By: BLUE GOOSE CONSTRUCTION LLC, a Florida limited liability company Richard M. Carnell, Jr., Manager By: _ a 11 r leuitz, Man er DEVELOPER 41 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman COUNTY ATTEST: Jeffrey R. Smith, Clerk BCC approved: of Court and Comptroller in Deputy Clerk (SEAL) OFFICE OF MANAGEMENT APPROVED AS TO FORM AND AND BUDGET LEGAL SUFFICIENCY: By:By. Michael Smykowski �Reingold OMB Director County Attorney 4 42 Office of the INDIAN RIVER COUNTY Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator ADMINISTRATOR MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E. Brown County Administrator DATE: September 14, 2015 SUBJECT: Authorization to Attend FGFOA and GFOA Annual Conferences and FGFOA School of Government Finance In the County Administrator's approved budget for the 2016-2017 Fiscal Year, the Board approved the Administrator's request to attend the Government Finance Officers Association Annual Conference, the Florida Government Finance Officers Association Annual Conference, the Florida Government Finance Officers Association School of Governmental Finance and the quarterly meetings of the Treasure Coast Chapter of the Florida Government Finance Officers Association. The County Administrator is hereby confirming authorization to attend the 2016 FGFOA School of Governmental Finance; the 2017 GFOA Annual Conference; the 2017 FGFOA Annual Conference; and the quarterly meetings of the Treasure Coast Chapter of the Florida Government Finance Officers Association. Funding was included and was approved in the 2016/2017 FY budget in accounts 00120112-034010 and 00120112-035430. APPROVED-AGEND M. FOR: OAtoXer 4, 2015 FF '43 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: John King, Director Department of Emergency Services FROM: Brian S. Burkeen, Assistant Chief DATE: September 23, 2016 SUBJECT: Approval of Renewal for a Class "A" Certificate of Public Convenience and Necessity for Indian River County Department of Emergency Services. Un August 19, 2014, the Indian River County Board of County Commissioners approved a renewal of the Class "A" Certificate of Public Convenience and Necessity for the Indian River County Department of Emergency Services to provide BLS/ALS Emergency Medical Services originating within Indian River County. This certificate was necessary in order to comply with Indian River Code of Laws and Ordinances as specified in Chapter 304. The certificate was approved and renewed for a period of two (2) years and will expire October 15, 2016, and the renewal process should be accomplished prior to that date. The Indian River County Code provides for routine renewal of the Certificate of Public Convenience and Necessity on an application by the certificate holder. This can be accomplished without a public hearing if the Board has no reason to believe that the public health, safety, and welfare require it. Staff submits that there is no reason to hold a public hearing and absent that requirement, the Board is requested to renew the certificate. An application for the renewal of the Class "A" certificate has been submitted by Indian River County Department of Emergency Services. Staff has reviewed the application and no reasons are known or perceived that would require a public hearing pursuant to the established ordinance. FUNDING: There are no funding requirements for this item. RECOMMENDATION: Staff respectfully recommends that the Board of County Commissioners approve renewal of the Class "A" Certificate of Public Convenience and Necessity for the Indian River County Department of Emergency Services, to be effective for a period of two (2) years from October 15, 2016, to October 15, 2018. 44 ATTACHMENTS: 1. Renewal Application from Indian River County Department of Emergency Services APPROVED FOR AGENDA FOR October 4 0 1.6 BY Jahon It. Brown River Co. Approved Dau [Risk Itf n 7 ~ r. Svcs. 45 INDIAN RIVER COUNTY DEPARTMENT OF EMERGENCY SERVICES APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY I. CLASSIFICATION OF CERTIFICATE REQUESTED (See attachment for certificate classifications) Class A X Class C ❑ II. TYPE OF APPLICATION: NEW ❑ RENEWAL X Class B ❑ Class D ❑ LEVEL OF SERVICE: BLS ❑ ALS X III. DATE OF APPLICATION: September 20, 2016 APPLICATION FEE ATTACHED: YES ❑ NO X APPLICATION FEE OF $100.00 APPLIES TO INITIAL APPLICATIONS ONLY. THE APPLICATION FEE IS WAIVED FOR CERTAIN APPLICANTS - REFER TO THE ATTACHMENT FOR INFORMATION. If payment is applicable, the check must be made payable to INDIANRIVER COMM FLORIDA. 1. NAME OF AMBULANCE SERVICE: Indian River County Department of Emergency Services 46 MAILING ADDRESS: 4225 43rd Avenue CITY: Vero Beach COUNTY Indian River ZIP CODE: 32967 BUSINESS PHONE: (772) 226-3900 2. TYPE OF OWNERSHIP: (i.e. Private, governmental, Volunteer, Partnership, etc.) COUNTY 3. MANAGER'S NAME: John King, Director of Emergency Services 4. PROVIDE NAME OF OWNER(s) OR LIST ALL OFFICERS, PARTNERS, DIRECTORS, AND SHAREHOLDERS, IF A CORPORATION (attach a separate sheet if necessary). NAME ADDRESS POSITION Peter D. O'Bryan 1800 271 Street Vero Beach, Fl. Commissioner Wesley S. Davis 1800 271 Street Vero Beach, Fl. Commissioner Bob Solari 1800 271 Street Vero Beach, Fl. Chairman Tim Zorc 1800 271 Street Vero Beach, Fl. Commissioner Joseph E. Flescher 1800 271 Street Vero Beach, Fl. Vice Chairman 5. PROVIDE NAMES AND ADDRESSES OF AT LEAST THREE (3) LOCAL REFERENCES: NOT APPLICABLE 6. PROVIDE SOURCE OF FUNDING Tax Generated Revenue/User Fee 7. RATE SCHEDULE ATTACHED? YES X NO ❑ N/A ❑ 47 8. 11. I LIST THE ADDRESS(s) OF YOUR BASE STATION AND ALL SUB -STATIONS: Administrative Office 4225 431 Avenue, Vero Beach, Fl. 32967 Emergency Services Station 1 1500 Old Dixie, Vero Beach, Fl. 32960 Emergency Services Station 2 3301 Bridge Plaza Drive, Vero Beach, Fl. 32963 Emergency Services Station 3 2900 431 Avenue, Vero Beach, Fl. 32960 Emergency Services Station 4 1500 91 Street S.W., Vero Beach, Fl. 32962 Emergency Services Station 5 6585 US 1 Vero Beach, Fl. 32970 Emergency Services Station 6 101 South Al A, Vero Beach, Fl. 32963 Emergency Services Station 7 1891 901 Avenue, Vero Beach, Fl. 32966 Emergency Services Station 8 1115 Barber Street, Sebastian, Fl. 32958 Emergency Services Station 9 1640 US 1, Sebastian, Fl. 32958 Emergency Services Station 10 62 North Broadway, Fellsmere, Fl. 32948 Emergency Services Station 11 2555 93rd Street, Vero Beach, Fl. 32963 Emergency Services Station 12 3620 491 Street, Vero Beach, Fl. 32967 Emergency Services Station 13 4440 4' Street, Vero Beach Ft. 32968 9. THE APPLICANT MUST DEMONSTRATE A NEED FOR THE PROPOSED SERVICE IN THE REQUESTED SERVICE AREA (attach sufficient documentation). Reference Chapter 304 Advanced Life Support 10. DESCRIBE THE GEOGRAPHIC AREA(s) IN WHICH YOUR PROPOSED AMBULANCE SERVICE WILL RECEIVE PATIENTS: Indian River County with the exception of the Town of Indian River Shores (Mutual Aid) COMMUNICATIONS INFORMATION: RADIO FREQUENCY (s) Harris 800MHz Trunk Radio System RADIO CALL NUMBER(s) Med 1 thru Med 12 48 12. PLEASE LIST ALL HOSPITALS AND OTHER EMERGENCY AGENCIES WITH WHICH YOU HAVE DIRECT RADIO COMMUNICATIONS: FROM AMBULANCE FROM BASE STATION All State Hospitals and Medical Stations Sebastian River Medical Center Central Dispatch All Law Enforcement Fire Apparatus Municipal, County and Constituency Agencies Indian River Memorial Hospital Lawnwood Regional 13. ATTACH THE FOLLOWING COMPLETED DOCUMENTS WITH APPLICATION: A. VEHICLE INFORMATION (form provided) Attached B. PERSONNEL ROSTER (form provided) Attached C. INSURANCE VERIFICATION (provide copy of policy, coverage limits must be shown on policy). Attached D. COPY OF STANDARD OPERATING On File in PROCEDURES Commission Office E. INCLUDE A COPY OF MEDICAL On File in PROTOCOLS Commission Office 14. I hereby certify that this service will provide continuous service on a 24-hour, 7 - day week basis. I, the undersigned representative of the above service, do hereby attest that my service meets all of the requirements for operation of an ambulance service in the state as provided in Chapter 401, Part III, Florida Statutes, Chapter 64E-2, Florida Administrative Code, and that I agree to comply with all the provisions of Chapter 304, life support services. I further acknowledge that discrepancies discovered during the effective period of the Certificate of Public Convenience and Necessity will subject this service and its authorized representatives to corrective action and penalty provided in the referenced authority. 49 TO THE BEST OF MY KNOWLEDGE, ALL STATEMENTS ON THIS APPLICATION ARE TRUE AND CORRECT. John ing, Director STATE OF FLORIDA COUNTY OF -Sr\6t c,.. n R\ V e r The foregoing instrument was acknowledged before me this a��=' day of 20 ►QV_, by 7N01n�I /she is personally known to be or has produced a driver's license identification. M Personally known to me, or ❑ Produced identification: `""'"'�•, ERIN BASKINS Notary Public - State of Florida •$ Commission #r FF 233597 My Comm. Expires May 21, 2019 Bordedtho�y jr Nstloml Notary Assn. Type of I.D. NOTARY PUBLIC FRI. J- ME State of Florida at Large My Commission Expires: 50 kn INDIAN RIVER COUNTY DEPARTMENT OF EMERGENCY SERVICES VECHICLE ROSTER NAME OF SERVICE: Indian River County Department of Emergency Services DATE: September 23, 2016 SUBMITTED BY: Brian S. Burkeen, Assistant Chief MAKE MODEL MANUFACTURE VEHICLE IDENTIFICATION NUMBER (VIN) ALS/BLS SERVICE ASSIGNED NUMBER FORD 2013 ETR LLC. Type III 3FRNX6GZ1 DV037941 ALS 715 FORD 2016 ETR LLC. Type III 1 FDNX6EE5GDA02947 ALS 733 FORD 2015 ETR LLC. Type III 3FRNX6GZ7FV687781 ALS 711 FORD 2015 ETR LLC. Type III 3FRNX6GZ5FV687780 ALS 710 INTERNATIONAL 2011 ETR LLC. Type III 1 HTMYSKM2BH330106 ALS 708 FORD 2016 ETR LLC. Type III 1 FDNX6EE5GDA01314 ALS 703 FORD 2016 ETR LLC. Type III 1 FDNX6EE7GDA01315 ALS 731 CHEVROLET 2007 MEDTEC Type III 1GBE4V19X7F421062 ALS 723 FORD 2016 ETR LLC. Type III 1 FDNX6EEXGDA03527 ALS 732 GMC 2004 WHEELED COACH TYPE III 1 GDE4V1204F516459 ALS 721 FORD 2015 ETR LLC. Type III 3FRNX6GZ9FV687782 ALS 713 FORD 2016 ETR LLC. Type III 1 FDNX6EE3GDA01313 ALS 706 NAME EMT PARA Gatins EMT549391 King EMT1656 Delashmutt EMT300479 Kovatch EMT301777 Chisholm EMT302434 Cobb EMT305021 Hawkins EMT305106 Brooks EMT50356 Williams EMT521118 Seeley EMT523638 Schraw EMT523879 Vannoy EMT524287 Emerick EMT525630 Bishop EMT527338 Young EMT527368 Anderson EMT52801 Nicolosi EMT538732 Boniello EMT541987 Pieschel EMT545634 Flynn EMT547272 DeLuague EMT547701 Lefemine EMT547963 Afflitto EMT548165 LaPorta EMT548187 Accardi EMT548261 Lotito EMT548525 Maiorino EMT548709 Johnson EMT548985 Bowden EMT549200 Valentino EMT56486 Parmenter EMT58168 Bleakley EMT58589 Filippi EMT58627 Raynor EMT59108 Abernathy EMT61835 Majcher IEMT61844 52 Thomas EMT62359 Carter EMT62379 Martin EMT62405 Velie EMT65330 Ramsey EMT65533 Murico EMT65888 Marini EMT66000 Duran EMT66027 Jones EMT67376 Brennan-Brooks w EMT67533 Ridge EMT67681 Davison EMT68967 Jones EMT69093 Loudermilk EMT72913 Chesnutt EMT89543 Alvarez PMD517775 Arnold PMD516363 Bailey PMD9650 Barcus PMD522673 Barkey PMD518216 Beuttell PMD523091 Brewer PMD500053 Callahan PMD518884 Cappelen PMD524938 De Angelo PMD527992 Dekker PMD522937 Dekker PMD522937 Dent PMD519832 Dion PMD513514 Ellison PMD529259 Fine PMD528764 Flood PMD517414 Fuller PMD526435 Garcia PMD525049 Gomez PMD500432 Grabenbauer (Freeman) PMD17002 53 Grasso PMD515794 Graul PMD201304 Hack PMD525730 Hamilton PMD524742 Herrington PMD205333 Holmes PMD205877 Jackson PMD515695 Johnson PMD14280 Jones PMD510175 Karpinski PMD529860 Kennedy PMD529466 Kovaleski PMD500866 Lang PMD529645 Mason PMD528136 Matherly PMD517422 McCormack PMD500897 Messon PMD529064 Nadolny PMD14314 Nielsen PMD528739 Nohrr PMD15261 Parker PMD200885 Payne PMD526894 Porter PMD206441 Pressley PMD525927 Pye PMD521737 Robidoux PMD529845 Russell PMD527431 Sansone PMD513455 Schilling PMD516580 Strickland PMD14343 Sturtevant PMD529809 Thompson PMD513493 Tobin PMD514548 Trent PMD513569 Westervelt PMD529083 Wilsnack PMD527366 Wilson PMD522609 Adamson PMD6212 Angelone PMD513404 Burkeen PMD9215 Gibbons PMD17006 Hobbs PMD513528 Kuvlesky PMD9815 Richter PMD12191 Arco PMD528915 Bartholomew PMD9701 Binafif PMD518192 Black PMD528914 Bloch PMD526165 Caster PMD13179 Ciceroni PMD520707 Coe PMD19119 Dangerfield PMD528398 Daniels PMD500413 Diehl PMD11664 Eskew PMD522629 Flores PMD522059 Flores PMD528765 Ford PMD520524 Forget PMD517465 Fox PMD515011 Fucci PMD520699 Gabbard PMD517432 Gil-Betacourt PMD529281 Greer PMD205785 Gruwell PMD518342 Guanch PMD517409 Hagopian PMD526945 Hinson PMD528543 Howard PMD513482 Isaacson PMD516256 laramillo PMD527376 0 55 Kahl PMD525353 Krueger PMD 513532 Krueger PMD522543 Logsdon PMD519612 Marques PMD520450 Meilan PMD528093 Menningmann PMD528820 Morris PMD522710 Mumm PMD17994 O'Connor PMD201258 Oliver PMD529846 Parker PMD206434 Poblano PMD527725 Pritchard PMD529710 Rattray PMD512660 Richter PMD501605 Ridenour PMD526847 Roberts PMD524601 Rouse PMD528085 Salm PMD15180 Santana PMD529465 Schauman PMD516288 Schloesser PMD516378 Simons PMD522498 Sinagra PMD529833 SIO PMD524091 Smith PMD528479 Smith PMD527755 Steele PMD525760 Usher PMD512544 Wagner PMD529057 Wallace PMD526829 Weimann PMD11236 Welter PMD518182 Willmot PMD507639 Zedek PMD511758 56 Alexander PMD514917 Bell PMD522985 Bellamy PMD18978 Bender PMD521527 Benham PMD500861 Berman PMD4635 Bernstein PMD510146 Burke PMD516306 Burnett PMD515212 Calloway PMD517373 Calzadilla PMD528250 Cass PMD205931 Cebrynski PMD 528716 Clute PMD513260 Coleman PMD517444 Diaz PMD517295 Dunne PMD529119 Escobedo PMD529995 Gehring PMD206927 Graves PMD10506 Hartman PMD522448 Henderson PMD517353 Holbrook PMD511290 Holtzclaw PMD526160 Horner PMD517607 Hughes PMD525149 Jobe PMD523021 Johnson PMD7484 Judson PMD518830 Kazen PMD527909 Kiernan PMD18764 Kofke PMD201248 Krzywada PMD527311 Lark PMD526630 Lewis PMD201184 Lloyd PMD519334 { 157 Lopez PMD527039 Mahan PMD529022 Morris (Warens) PMD512509 Murdock PMD500892 Nolan PMD521024 Quigley PMD521602 Rattray PMD201637 Raulerson PMD513490 Reardon PMD518791 Reiselbara PMD205904 Rivas PMD520972 Roberts PMD528418 Robinson PMD516345 Roman PMD514240 Rule PMD512463 Shields PMD527666 Smith PMD526197 Sommers PMD521027 Springer PMD500044 Stenger PMD522961 Strote PMD15190 Ursulean PMD201278 Walls PMD10480 Westerman PMD514590 White PMD521006 Whitlock PMD201413 Zelinka PMD522949 Febres-Cordero IPMD526883 58 AC®R®rCERTIFICATE OF PROPERTY INSURANCE 9/22/201 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. If this certificate is being prepared for a party who has an insurable interest in the property, do not use this form. Use ACORD 27 or ACORD 28. PRODUCER Arthur J. Gallagher Risk Management Services, Inc. 200 S. Orange Ave Suite 1350 CONTACT NAME. ROzell Schnur =IE FAX No Ert:407-563-3544 A/C,No:407-370-3057 DDRESS.Rozell Schnur@AJG.com Orlando FL 32801 CUSTOMER ID: INSURERS) AFFORDING COVERAGE NAIC # BUILDING INSURED Indian River County BOCC Attention: Beth Martin INSURERA:Alterra America Insurance Company 21296 INSURERS: INSURER 1800 27th St. Vero Beach FL 32960 INSURER D: INSURER E $ INSURER F. $ %.VYCr%MUCJ Ir -KI It ICA1t NUMritK'l t;1 nSAAI 9'7 DcvieinIJ u11uQCo- LOCATION OF PREMISES / DESCRIPTION OF PROPERTY (Attach ACORD 101, Additional Remarks Schedule, if more space is required) INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (IIMI)D/YYY1f) POLICY EXPIRATION DATE (MMIDD/YYYY) COVERED PROPERTY LIMITS PROPERTY BUILDING $ CAUSES OF LOSS DEDUCTIBLES PERSONAL PROPERTY BUSINESS INCOME $ BASIC BUILDING $ BROAD CONTENTS EXTRA EXPENSE $ SPECIAL RENTAL VALUE a EARTHQUAKE BLANKET BUILDING WIND $ BLANKET PERS PROP FLOOD $ BLANKET BLDG & PP $ X INLAND MARINE TYPE OF POLICY X Occ Limit $15,000,000 CAUSES OF LOSS Contractors Equipment X Rental Equipmen $524,799 POLICY NUMBER $100,000 NAMED PERILS X Deductible A PL11 Risk KAXA3IM0049160 5/1/2016 5/1/2017 $ CRIME TYPE OF POLICY BOILER 6 MACHINERY / EQUIPMENT BREAKDOWN $ $ SPECIAL CONDITIONS I OTHER COVERAGES (Attach ACORD 101, Additional Remarks Schedule, N more space is required) RE: Evidence of insurance for advanced life support service provision. RE: Evidence of insurance for advanced life support service provision. Auto physical damage for the following ambulances is included within this policy: See Attached... Indian River County Department of Emergency Services 1800 27th Street Vero Beach FL 32960 ACORD 24 (2009/09) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED 1995.20D9 ArORn r_0RPnRAT1nN All A-hf� The ACORD name and logo are registered marks of ACORD 59 AGENCY CUSTOMER ID: _ LOC #: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Arthur J. Gallagher Risk Management Services, Inc. Indian River County BOCC Attention: Beth Martin 1800 27th St. POUCVNUMeER Vero Beach FL 32960 CARRIER NAIL CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 24 FORM TITLE: CERTIFICATE OF PROPERTY INSURANCE Special Conditions 2013 FORD F650 AMBULANCE - 3FRNX6GZ1DV037941 - 1300 2015 FORD F-650 AMBULANCE - 3FRNX6GZ5FV687780 - 1300 2015 FORD F-650 AMBULANCE - 3FRNX6GZ7FV687781 - 1300 2015 FORD F-650 AMBULANCE - 3FRNX6GZ9FV687782 - -1300 2011 INTERNATIONAL 4300 TYPE I AMBULANCE - 1HTMYSKM2BH330106 - 1300 2007 FREIGHTLINER M2 EXT CAB AMBULANCE - IFVACWCS57HY41100 - 1278 2008 FREIGHTLINER M2 STD CAB AMBULANCE - 1FVACWDK58HZ54111 - 1271 2009 INTERNATIONAL 4300 TYPE I AMBULANCE - 1HTMNAAM59H101210 - 1271 2009 CHEVROLET 04500 TYPE III AMBULANCE - 1GBE4V1989F402481 - 1272 2007 CHEVY C4500 TYPE III AMBULANCE - 1GBE4V19X7F421062 - 1274 2007 CHEVY C4500 TYPE III AMBULANCE - 1GBE4V1907F421491 - 1277 2004 CHEVROLET 4500 AMBULANCE - 1GBE4V1254F522170 - 1271 2004 GMC 4500 AMBULANCE - 1GDE4V1264F516076 - 1280 2004 GMC 4500 AMBULANCE - 1GDE4V1204F16459 - 1278 2016 FORD AMBULANCE - 1FDNX6EE5GDA01314 2016 FORD AMBULANCE - 1FDNX6EE3GDA01313 2016 FORD AMBULANCE - 1FDNX6EE7GDA01315 2016 FORD AMBULANCE - 1FDNX6EEXGDA03527 2016 FORD AMBULANCE - 1FDNX6EE5GDA02947 M%,WF%LJ I U I Jcuuo/u I I V Zoog ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ff?U AMBULANCE FEE SCHEDULE_ 2016 YEAR SERVICE TYPE** BASE RATE OXYGEN MILEAGE WAITING TREAT & CANCEL COMMENTS/SPECIAL CHARGES ALS 1 $500.00 $12.00 ALS 2 $675.00 $12.00 BLS $430.00 $12.00 **TYPE CODE: ALS = ADVANCED LIFE SUPPORT NP = NOT FOR PROFIT SERVICE BLS = BASIC LIFE SUPPORT INDIAN RIVER COUNTY, FLORIDA r' BOARD MEMORANDUM ` TO: Jason E. Brown County Administrator THROUGH: Richard B. Szpyrka, P.E. Public Works Director FROM: James D. Gray, Jr. Coastal Engineer SUBJECT: Release of Retainage - Work Order No. 6 Morgan & Eklund, Inc. 2016 Beach Profile Monitoring Surveys (WINTER) DATE: September 12, 2016 DESCRIPTION AND CONDITIONS On October 1, 2013, the Board approved a contract with Morgan & Eklund, Inc. (M&E) for Professional Land Surveying and Mapping Services for a one-year term. The Board amended the contract on October 7, 2014 and again on September 15, 2015; renewing the contract until September 30, 2016. M&E is the selected County Consultant for professional onshore/offshore hydrographic surveying services. On January 19, 2016, the Board approved Work Order No. 6 to this contract for services related to semiannual hydrographic surveying (beach profile) for the countywide shoreline monitoring program. Specifically, Work Order No. 6 was for winter 2016 beach profile surveys in the amount of $49,500. To date all tasks are 100% complete. The total amount of retainage withheld under Work Order No. 6 is $4,950. FUNDING Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue as well as allocation of the One Cent Sales Tax. Funding for the release of retainage will be provided from Account No. 128-206002-01024. FAPublic Works\JamesG\Sector 3\Morgan and Eklund Work Orders\WO # 6 - Winter 2016 survey\agenda item -- WO No. 6 -- Morgan and Eklund Surveying Winter 2016 -- Release of Retainage.docx 62 Page 2 BCC Agenda Item October 4, 2016 RECOMMENDATION Staff recommends the Board approve the release of all withheld retainage under Work Order No. 6 in the amount of S4,950. ATTACHMENT Morgan and Eklund, Inc. Invoice No. 1-16-1726, dated September 7, 2016. APPROVED AGENDA ITEM Indian River County Approy@0 Date Administration Budget Legal Public Works Coastal Eng. Division F:\Public Works\JamesG\Sector 3\Morgan and Eklund Work Orders\WO # 6 - Winter 2016 survey\agenda item -- WO No. 6 -- Morgan and Eklund Surveying Winter 2016 -- Release of Retainage.docx , f I , , i I l 1 1 I i i i 63 .. OFESSIONAL SURVEY CONSULTANTS September 7, 2016 Indian River County Attn: Mr. James Gray 1801— 27" Street, Building A Vero Beach, Florida 32960 - INVOICE Invoice #: 1-16-1726 Commission #: 5315.29 Work Order No. 6 (Hydrographic Surveying) Contract No: 1333 2015-2016 RE: Invoice for professional survey services rendered in conjunction with Winter 2016 Indian River County Coastal Monitoring Survey; Onshore/Offshore Profiles along FDEP Range Lines R-30 to R-119 (90 Lines). - - efalnage Due - - Inv #1-16-1662 $25,850.00 less 10% Retainage ................................... $ 2,585.00 Retainage Due - Inv #1-16-1653 $23,650.00 less 10% Retainage ................................... $ 2,365.00 9 Total Amount Due this Invoice........................................................... $ 4,950.06 ..................................... Toms: Net 30 Days "Please remit payment to our Wabasso PO Box. Thank} INDIAN RIVER CGL'NTY PUBLIC WORKS - - ---.APPROVED- ---DATE- -- DIRECTOR DIV. HEAD ip� 9 1z 16 P.O. # R�'r ACC7. # IZS-�nhnr)7 nine 8745 U.S. HIGHWAY 1, P.O. BOX 701420, WABASSO, FL 32970-1420 • PHONE: (772) 388-5364 • FAX: (772) 388-3165 • jmorgan@morganeWund.com 1159 SW 1.1 Way, DEERFIELD BEACH, FL 33441 • PHONE: (954) 421-6882 • FAX: (954) 421-0451 • pvoute@morgancidund.com 61 1 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Jason E. Brown County Administrator THROUGH: Richard B. Szpyrka, P.E. Public Works Director FROM: James D. Gray, Jr. Coastal Engineer SUBJECT: Release of Retainage - Work Order No. 8 Morgan & Eklund, Inc. 2016 Beach Profile Monitoring Surveys (SUMMER) DATE: September 12, 2016 DESCRIPTION AND CONDITIONS On October 1, 2013, the Board approved a contract with Morgan & Eklund, Inc. (M&E) for Professional Land Surveying and Mapping Services for a one-year term. The Board amended the contract on October 7, 2014 and again on September 15, 2015; renewing the contract until September 30, 2016. M&E is the selected County Consultant for professional onshore/offshore hydrographic surveying services. On May 10, 2016, the Board approved Work Order No. 8 to this contract for services related to semiannual hydrographic surveying (beach profile) for the countywide shoreline monitoring program. Specifically, Work Order No. 8 was for summer 2016 beach profile surveys in the amount of $49,500 and included 3 separate tasks and 3 separate project accounts. To date all tasks are 100% completed. The total amount of retainage withheld under Work Order No. 8 is $4,950 and is broken out by tasks as follows: Task 1: Summer 2016 Sector 3 Beach and Dune Restoration Project Post Construction Monitoring Survey Task 1 totaled $17,050. The total amount of retainage withheld is $1,705. Task 2: Summer 2016 Sector 7 Post Construction Monitorin Task 2 totaled $6,600. The total amount of retainage withheld is $660. Task 3: Summer 2016 Countywide Beach Monitoring Task 3 totaled $25,850. The total amount of retainage withheld is $2,585 FAPublic Works\JamesG\Sector 3\Morgan and Eklund Work Orders\WO No. 8\agenda item -- WO No. 8-- Morgan and Eklund Surveying 2016 Summer -- Release of Retainage.docx 65 Page 2 BCC Agenda Item October 4, 2016 FUNDING Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue as well as allocation of the One Cent Sales Tax. Funding for the release of retainage will be provided from three (3) separate retainage accounts. Task 1: Summer 2016 Sector 3 Beach and Dune Restoration Project Post Construction Monitoring Survey The total amount of retainage withheld is $1,705. Account No. 128-206002-05054 Task 2: Summer 2016 Sector 7 Post Construction Monitoring The total amount of retainage withheld is $660. Account No. 128-206002-05079 Task 3: Summer 2016 Countywide Beach Monitoring The total amount of retainage withheld is $2,585. Account No. 128-206002-01024 RECOMMENDATION Staff recommends the Board approve the release of all withheld retainage under Work Order No. 8 in the amount of $4,950. ATTACHMENT Morgan and Eklund, Inc. Invoice No. 1-16-1728, dated September 7, 2016. APPROVED AGENDA ITEM Indian River County AppCRpd Date Administration/J(// Budget C)ZL116 Legal , �f/pVLm Public Works Coastal Eng. Division jp6 qj)Z,j0 F:\Public Works\JamesG\Sector 3\Morgan and Eklund Work Orders\WO No. 8\agenda item -- WO No. 8-- Morgan and Eklund Surveying 2016 Summer -- Release of Retainage.docx 66 YNN ,yip PROFESSIONAL September 7, 2016 Indian River County Attn: Mr. James Gray 1801 - 27`x' Street, Building A Vero Beach, Florida 32960 INVOICE Invoice #: 1-16-1728 Commission #: 5315.30 Work Order No. 8 (Hydrographic Surveying) Contract No: 1333 2014-2015 RE: Invoice for professional survey services rendered in conjunction with Summer 2016 Indian River County Coastal Monitoring Survey; Onshore/Offshore Profiles along FDEP Range Lines R-30 to R-119 (90 Lines). Retainage Due _Inv.#1-1-6--17.02 $1.7,05D.00. -less -10%-Retainage...................... $_.__ 1,705.00 Retainage Due Inv #1-16-17.0.6 $6,600.00 less..10% Retainage ..................................... $- 660.00 Retainage Due Inv #1-16-1727 $25,850.00 less 10% Retainage ................................... $ 2,585.00 TotalInvoice Amount Due.................................................................. $ f_QTAIt<jF AcccL*,X MC, J2 f - ?06002- OS 054 66p - RErJqW..-FAtcoc.Nf NO. i28-206002- aso-f9 21585 - 2r= TAmA&F AcceW AD. t 28 -20600? -o 1OZ4 Terms: Net 30 Days ** Please remit payment to our Wabasso PO Box. Than&1vW.-__ FA RET - INDIAN RIVER COUNTY PUBLIC WORKS APPROVED DATE DIRECTOR DIV, HEAD ,)DG g1J2�1 P.O. # ACCT # 5f{ f?6ovE 4,950.00 16 8745 U.S. HIGHWAY 1, P.O. BOX 701420, WABASSO, FL 32970-1420 • PHONE: (772) 388-5364 • FAX: (772) 388-3165 • jmorgan@morganeklund.com 1159 SW l.t Way, DEERFIELD BEACH, FL 33441 • PHONE: (954) 421-6882 • FAX: (954) 421-0451 • pvoute@morganeklund.com 6� INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: September 27, 2016 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Q Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager k Subject: North Sebastian Septic to Sewer Approval of Cost Share Funding Agreement DESCRIPTIONS AND CONDITIONS: On August 20, 2013, the Indian River County Board of County Commissioners (BCC) approved Work Order No. 6 with Masteller and Moler, Inc. (M&M) to provide professional services to investigate the feasibility of installing centralized sewer services in the North Sebastian area. On February 11, 2014, the results of the study were presented to the BCC, and they directed staff to present the findings to the City of Sebastian. Staff presented the findings on February 12, 2014 to the City Council, and a workshop was held at the City of Sebastian chambers on March 19, 2014. Staff also presented the information to the Friends of Sebastian River on May 27, 2014. On October 21, 2014, the BCC approved Work Order No. 7 with M&M to provide professional services for design, permitting and the preparation of construction plans. The purpose of the subject agenda is to request the BCC's guidance and approval of the following item: • Approve and execute the FY 16/2017 Cost Share Grant Agreement ANALYSIS/ENGINEERING: M&M evaluated four alternatives in the Sewer Feasibility study for the North Sebastian area. The study recommended the gravity alternative as the preferred method for a centralized sewer system. The construction of the centralized sewer in the north Sebastian area will be accomplished in a phased approach. The commercial area east of US Highway 1 will be designed and constructed in the first phase. The BCC authorized staff to pursue this project pending successful grant application. On this front, staff made applications to multiple grant opportunities. In July 2016, the County was successful in securing a grant for the FY 16-17 Cost Share Program administered by the St. Johns River Water Management District (SJRWMD). This grant covers only 33% of the construction cost. Therefore, the remaining 67% of the construction cost, plus bidding and construction phase assistance, must be funded via other sources. The proposed funding sources are a combination of One Cent Sales Tax, Utilities Assessment Fund balances, and property assessments. Staff will bring a separate item for the BCC's approval with regards to a specified funding plan and retaining M&M for provision of bidding and construction phase assistance services. F:\Utilities\UTILITY - Engineering\Projects - Utility Construction Permits\IRC - Sewer Feasibility Studies UCP # 4101\3. North Sebastian Page 1 of 2 (M&M)\Admin\Agenda - North Sebastian Septic to Sewer Cost Share Funding -Phase Lcloc 68 FINANCING/FUNDING: The estimated construction cost is $1,967,395.00, of which 33% will be reimbursed by the SJRWMD Cost - Share Grant. Please note that the SJRWMD Cost -Share funding amount will be based on 33% of the actual construction cost for a maximum grant funding of $649,240.35. Staff will bring forth a separate item at a later date to address funding sources for the remainder of the construction cost. RECOMMENDATION: Staff recommends approval of the attached Cost -Share agreement and request the Board to authorize the Chairman to execute the same on their behalf. Please note that if, during the procurement process, bids are much higher than the engineer's opinion of probable cost, the County has the option to close the agreement early without addressing any construction. The early closeout of the agreement would be brought as a new item to the board at that time. ATTACHMENT(s): 1. FY 16/17 Cost Share Agreement for North Sebastian Phase I Septic to Sewer By: Jason f. Brbwn, County Administrator For Indian River Co. Administration Appr d Date Legal A2_7,4 Budget Utilities Utilities -Finance 47-16 Page 2 of 2 F:\Utilities\UTILITY - Engineering\Projects - Utility Construction Permits\IRC - Sewer Feasibility Studies UCP # 4101\3. North Sebastian (M&M)\Admin\Agenda - North Sebastian Septic to Sewer Cost Share Funding -Phase Lcloc 69 Contract. #28771 Attachment 1 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 th 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 ground water. 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"): North Sebastian Phase 1 Septic to Sewer 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 70 Contract #28771 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 lune 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 thirty-three percent (33%) of the total construction cost of the Project, but in no event shall the District cost -share exceed $649,240.35. 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 71 Contract #f2877I 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 thirty-three percent (33'0) of approved cost or the not -to -exceed sum of $649,240.35, 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 (10%) 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 72 Contract 428771 (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 73 Contract #28771 additional FDEP insurance requirements applicable to the Recipient are included in the Insurance attachment to the Agreement. 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 Project Manager St. Johns River Water Management District 525 Community College Parkway, S.E. Palm Bay, Florida 32909 321-676-6622 E-mail: mdiolosa@sjrwmd.com RECIPIENT Arjuna Weragoda Project Manager Indian River County 1801271" Street Vero Beach, Florida 32960 772-226-1821 E-mail: aweragoda@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. 9. 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 74 Contract #28771 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 75 Contract #28771 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 76 Contract #28771 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, Na. 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 77 Contract 428771 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 ATTACHMENTS Attachment A - Statement of Work Attachment B - Project Progress Report Form Attachment C - District Supplemental Instructions Form 2016-17 District Cost -Share Initiative, Last updated: 7-7-16 INDIAN RIVER COUNTY By: Chairman Date: Attest: Jeffrey R. Smith Clerk of Court and Comptroller Dylan T. Reingold, County Attorney Page 9 of 14 78 Contract #28771 ATTACHMENT A - STATEMENT OF WORK INDIAN RIVER COUNTY NORTH SEBASTIAN PHASE 1 SEPTIC TO SEWER 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. The Indian River County (Recipient) requested funding for their North Sebastian Phase 1 Septic to Sewer for the not to exceed amount of $649,240.35 towards the estimated construction cost of $1,967,395. 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 convert approximately 38 existing Onsite Sewage Treatment and Disposal Systems (OSTDS) from septic to sewer and eliminate another potentially 35 OSTDS coming on-line at a future date if centralized sewer is not made available. The project will potentially eliminate approximately 2,190 lbs. of Total Nitrogen and 365 lbs. of Total Phosphorus annually from entering the Indian River Lagoon. III. SCOPE OF WORK The project is located in north Sebastian along the Indian River Lagoon. The project will construct approximately 6,195 -LF of 10" PVC and 3,995 -LF of 8" PVC gravity sewer to serve 61 parcels primarily zoned commercial with two lift stations. 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 79 Contract #28771 The Recipient shall provide the following to the District's Project Manager: 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 task in the Task Identification section below is 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: Anticipated Anticipated Task Description Start Date Completion Date Construction of septic to sewer January 2017 February 2018 VI. BUDGET/COST SCHEDULE For satisfactory completion of the Project, the District shall pay Recipient thirty-three percent (33%) of the total construction cost of the Project, but in no event shall the District's cost -share exceed $649,240.35. It is anticipated that the FY breakdown will be $486,930.51 for FY2016-17 and $162,309.84 for FY2017-18. 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 address for the District's Budget Coordinator is mlicourtPsirwmd.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. Page 11 of 14 80 Contract #28771 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). FY 16-17 (10/1/2016 — 9/30/2017) Description Estimated Task Amount Construction of septic to sewer $1,475,547.00 TOTAL FY 16-17: $1,475,547.00 FY 17718 (10/1/2017 — 9/30/20181 Estimated Reimbursement Amount $486,930.51 $486,930.51 Description Estimated Task Amount Estimated Reimbursement Amount Construction of septic to sewer $491,848.00 $162,309.84 TOTAL FY 17-18: $491,848.00 $162,309.84 Page 12 of 14 81 A7'TACH111ENT B St. Johns River Water Management District Date: Project Progress Report Report Number: Contract/Project Identification month/day/year Project Name: ]_North Sebastian Phase 1 Septic to Sewer Project t Recipient: 11ndianRimCounty SJRWMD Contract Number: 28771 SJRWMD Project Manager: Melina Diolosa Recipient's Project Manager: JArjua Weragoda Construction Schedule Reporting Period Start Date (mm/dd/yy): I Percent Complete I Beginning Date (mm/dd/yy): Completion (mm/dd/yy): Ending Date (mm/dd/yy): Budget Duration Total Budget: $ Planned Duration: Weeks Expended To -date: $ Duration To -date: Weeks Expended This Period: $ Duration This Period: Weeks Percent Budget Expended: % Percent Duration Expended: % Anticipated Future Payment Requests: Design/Permitting Status Tasks /Milpstonpc/naliuprahlae 4haA..1eA in. ♦h: D--:.. D...:...:... a :. — . Task Number Tasks/Milestones/Deliverables Start Date Finish Date Percent Complete Projected Finish Date Problems, Issues, Solutions, Anticipated deviations from schedule: Attach an additional page of notes if necessary to explain reasons for lateness or unusual events or circumstances. 82 Contract #28771 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. 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: Date: District Project Manager Acknowledged: , District Contracts Administrator cc: Contract/Purchasing file Financial Management Date: Page 14 of 14 83 INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: September 28, 2016 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Service Prepared By: Terry Southard, Operations Manager—J A S Subject: Approval of Bid Award for IRC Bid No. 2017011 Annual Bid to Maintain and Operate the West Regional WWTF Wetlands System BACKGROUND ?t� At the request of the Utilities Department, IRC Purchasing Division requested the solicitation of competitive sealed bids for an annual fee in regard to the maintenance and operation of the West Regional Wastewater Treatment Facility (WWTF) Wetlands System. IRC Purchasing Division opened the bids on September 9, 2016. This bid will be awarded for an initial one year period and may be renewed for two additional one-year periods, subject to vendor acceptance, satisfactory performance, and staffs determination that a renewal would be in the best interest of the county. BID RESULTS Bidder's -Name,' ' Annual Fee Wetland Solutions, Inc. $32,500.00 Ecotech Consultants, Inc. $34,000.00 Florida Environmental Consulting $52,660.00 The low bidder, Wetland Solutions, Inc. (WSI), was disqualified by the Utilities Department because they noted an exception to the bid. Due to their distance from the site, WSI proposes to conduct maintenance site visits every three (3) weeks, rather than weekly. Weekly site visits are needed to sample the site and adjust water levels in cells, if needed. This was specified in the Invitation to Bid. FUNDING: Funds for this project are derived from the Other Professional Services account in the operating fund. The operating funds are derived from water and sewer sales. In FY 2016-2017, $34,000.00 was budgeted for wetlands maintenance and operation. Description Account Number Amount Other Professional Services 47121836-033190 $34,000.00 RECOMMENDATION Staff requests the BCC to authorize the Chairman to sign on their behalf to retain Ecotech Consultants, Inc. for one year. Staff also requests that the BCC authorize the Purchasing Manager to renew for up to two one- year extensions subject satisfactory performance and staffs determination that a renewal would be in the best interest of the county. 84 APPROVED FOR AGENDA: BY _ JasoE. B own Coun v dministrator FOR: October 4, 2016 Date Indian River Co. Approved Date Administration 9 a Legal 6 Budget S Utilities Utilities -Finance{ Purchasing L/ t 85 CONSENT AGENDA INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason Brown; County Administrator DEPARTMENT HEAD CONCURRENCE: r Stan Boling, AIG\; C mmunity Development Director THROUGH: Phil Matson, AICP; MPO Staff Director FROM: Brian Freeman, AICP; Senior Transportation Planner PV DATE: September 23, 2016 SUBJECT: Request for Approval to Enter into a Public Transportation Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for a Service Development Grant It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of October 4, 2016. DESCRIPTION & CONDITIONS For the past several years, Indian River County has applied for and received mass transit operating assistance from the Florida Department of Transportation (FDOT). Those FDOT funds, combined with local funds, serve as the required match towards federal transit operating assistance received under 49 USC Ch. 53, Section 5307 (also known as the Urbanized Area Formula Grant program). Those local, state and federal funds are then passed through to the Senior Resource Association (SRA), Indian River County's designated transit service provider. SRA operates the GoLine (fixed route) and the Community Coach (demand response) transit services. Recently, a Service Development grant to the county expired. That grant was used to expand service on Saturdays and during evening hours on weekdays. In place of the recently expired grant, FDOT has awarded a new Service Development grant in the amount of $500,000 over a three-year period, beginning in FY 2016/17. While the new FDOT funding can be applied towards existing service, a portion of it must be used to fund a service improvement. In this case, service hours will be expanded on Saturdays, which is a recommendation of the Transit Development Plan (TDP). Currently, Saturday service is limited to a PACommunity Development\Users\MPo\Transit\Grants\Seryice Development\1617\bcc staff report. doex 1 86 span of six hours (9 am — 3 pm). The TDP recommends increasing Saturday service hours incrementally to 8 am — 6 pm. To receive the Service Development Grant funds, the County must enter into a Joint Participation Agreement (JPA) with FDOT, a copy of which is attached to this staff report (Attachment #2). As is the case with FDOT's Public Transportation Block Grant program, this grant has a 50% local match requirement. Because this grant is replacing a recently expired grant, matching funds are available in the County's normal transit allocation. Like the Block Grant, both the local contribution and the FDOT funds can be combined as a local/state match towards federal operating assistance through the federal Section 5307 program, which is the county's largest funding source for transit. ANALYSIS As with the FTA Section 5307 grant program, only public agencies may be designated recipients of Service Development Grant funds, although the funds may be passed through to a nonprofit provider. Under these restrictions, SRA has requested that the Board of County Commissioners apply for state Service Development Grant funds on its behalf. The attached Joint Participation Agreement (JPA) is an agreement between FDOT and Indian River County specifying the requirements which the County must meet in order to receive Service Development Grant funds. In this case, the funds are to be used to maintain existing levels of service while also expanding service hours on Saturdays. The attached resolution (Attachment #1) authorizes the Chairman of the Board of County Commissioners to execute the JPA for Service Development Grant funds. Upon the Board's adoption of the resolution and the Chairman's execution of the JPA, County staff will transmit the JPA to FDOT. Once the JPA has been executed by FDOT, the funds will be transmitted to the County and passed along to the Senior Resource Association (SRA), the County's public transportation provider, so that the SRA can continue providing fixed route and demand -response transit service. The provision of such service is consistent with the findings of the MPO's adopted 10 -year Transit Development Plan and 2040 Long Range Transportation Plan. FUNDING Funding in the amount of $166,667 is budgeted and available in the General Fund/Community Transportation Coordinator account (Account Number 00111041-088230). These funds are partof the allocation given to the Senior Resource Association to provide transit service in the county. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached Public Transportation Joint Participation Agreement and adopt the attached resolution authorizing the Chairman to sign the agreement. F \Community Development\Users\MPO\"I'ransit\Grants\Service Development\1617\kc staff report.doex 2 87 ATTACHMENTS 1. Authorizing Resolution for the Execution of a Public Transportation Joint Participation Agreement 2. FDOT Public Transportation Joint Participation Agreement 3. Grant Budget Form APPROVED AGENDA ITEM: FOR: BY: F \Community Development\Users\MPO\Transit\Grants\Seryice Development\1617\bcc staff report.docx 3 ;88 1 Indian River Co, Approv d Date Admin. Legal Budget Vqq Dept. Risk Mer F \Community Development\Users\MPO\Transit\Grants\Seryice Development\1617\bcc staff report.docx 3 ;88 1 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 operating assistance under F -DOT Procedure number 725-030-005, also known as the Service Development Grant Program; and WHEREAS, Indian River County, as the designated recipient of federal and state public transportation funding, must be the recipient of those funds on behalf of the Indian River County — Senior Resource Association; and WHEREAS, Indian River County is eligible to receive grant funding under Section 341.052(1), Florida Statutes, and under 49 USC Ch. 53, Section 5307 and 49 USC 1614; and WHEREAS, the Florida Department of Transportation provides Service Development 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: 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 $500,000 in FY 2016/17 state Service Development Grant funds for operating 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 Service Development 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 Commissioner Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Tim Zorc P \Community Development\Users\MPO\Transit\Grants\Service Developmen1\1617%ec resolution.docx Page 1 of 2 ru TAW, NT I 89 RESOLUTION NO. 2016 - The Chairperson thereupon declared the resolution duly passed and adopted this 4th day of October , 2016. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Bob Solari, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller an 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 4th day of October , 2016. Notary Public APPROVED AS TO LEGAL UFFICIENCY SEAL: BY: • XDReingold, County Attorney APPROVED AS TO COMMUNITY DEVELOPMENT MATTERS BY: Stan Boling, P, Director Community Development Department F \Community Development\Users\MPO\Transit\Grants\Service Development\161Mcc resolution.doca Page 2 of 2 90 PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT 725-030.06 PUBLIC TRANSPORTATION OGC — 0612016 Page 1 of 17 Financial Project Number(s): (itemsegment-phase-sequence) Fund: DPTO FLAIR Category: 088774 438523-1-84-01 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: 55.012 CFDA Title. N/A Service CSFA Title: Development 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 October 31, 2019 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 341.051, 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 Go -Line Improvements 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. ATTACHMENT ( 91 PUBLIC TRANSPORTATION 72 5-030-06 PUBLIC PUBLIC JOINT PARTICIPATION AGREEMENT TRANSPORTATION OGC - 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 $1.000.000.00. 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 $500.000.00 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 $500.000.00 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. 92 PUBLIC TRANSPORTATION 725PUBLIC JOINT PARTICIPATION AGREEMENT TRANSPORTATION OGC - 06/2016 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. 93 PUBLIC TRANSPORTATION 725P-030-06 UBLIC PUBLIC JOINT PARTICIPATION AGREEMENT TRANSPORTATION OGC — 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. I. 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: 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. 94 PUBLIC TRANSPORTATION 725PUBLIC PUBLIC JOINT PARTICIPATION AGREEMENT TRANSPORTATION OGC — 06/2016 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 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 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:Hharvester.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 FDOTSingleAudit(&-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. 95 PUBLIC TRANSPORTATION 725PUBIJC Pusuc JOINT PARTICIPATION AGREEMENT TRANSPORTATION OGC - 06/2016 Page 6of17 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 FDOTSingleAudit(cDdot.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. ii. 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(@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 96 PUBLIC TRANSPORTATION 72PUBLI6 PUBLIC JOINT PARTICIPATION AGREEMENT TRANSPORTATION OGC - 06/2016 Page 7 OW 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 FDOTSin4leAudit(&dot.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 local4ovt(cDaud.state.fl.us V. 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. 97 PUBLIC TRANSPORTATION 72-030-06 PUBLIC PUBLIC JOINT PARTICIPATION AGREEMENT TRANSPORTATION OGC - 06/2016 Page g of 17 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 West 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 fo( 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: 98 PUBLIC TRANSPORTATION 72 5-030-06 PUBLIC PUBLIC JOINT PARTICIPATION AGREEMENT TRANSPORTATION OGC — 06/2016 Page 9 of l7 it 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. 99 PUBLIC TRANSPORTATION 72 5-036-06 PUBLIC PUBLIC JOINT PARTICIPATION AGREEMENT TRANSPORTATION OGC -06/2016 Page 10 or 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. 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 i 100 PUBLIC TRANSPORTATION 725PUBLIC Puouc ,JOINT PARTICIPATION AGREEMENT TRANSPORTATION OGC — 06/2016 Page 11 of l7 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 101 PUBLIC TRANSPORTATION 7zPUBLI6 PUDLIC JOINT PARTICIPATION AGREEMENT TRANSPORTATION OGC - 06/2016 Page 12 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. 102 PUBLIC TRANSPORTATION 72 PUBLIC PUBLIC JOINT PARTICIPATION AGREEMENT TRANSPORTATION occ - oenol e Page 13 01`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: 103 i i PUBLIC TRANSPORTATION 7251030-06 PUBLIC 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 October 31, 2019. 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 aftei 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 toy and include all genders. 1. 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 i 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. 104 PUBLIC TRANSPORTATION 725PUBLIC PUBLIC JOINT PARTICIPATION AGREEMENT TRANSPORTATION OGC — 06/2016 Page 15 o f 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. 105 PUBLIC TRANSPORTATION 725P-030-06 UBLIC PUBLIC JOINT PARTICIPATION AGREEMENT TRANSPORTATION OGC - 06/2016 Page 1'6 of 17 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). Agency/Vendors/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). 106 PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT 72"30-U6 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 FORD AN LSU . F 131 I WILLIAM K. DEBRAAL DEPUTY COUNTY ATTORNEY DEPARTMENT DEPARTMENT OF TRANSPORTATION Stacy L. Miller, P.E. TITLE Director of Transportation Development LEGAL REVIEW, DEPARTMENT OF TRANSPORTATION See attached Encumbrance Form for date of Funding Approval by Comptroller 107 FINANCIAL PROJECT: 438523-1-84-01 CONTRACT NO. 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, 1801 27th Street, Vero Beach, FL 32960, referenced by the above Financial Project Number. PROJECT LOCATION: Indian River County, FL. PROJECT DESCRIPTION: GoLine Improvements: • Extended Weekday Service Hours • Extended Saturday Service Hours 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: Exhibit A Page 1 of 1 108 FINANCIAL PROJECT: 438523-1-84-01 CONTRACT NO. 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 Indian River County Board of County Commissioners, 1801 27th Street, Vero Beach, FL 32960 referenced by the above Financial Project Number. PROJECT COST: TOTAL PROJECT COST: II. PARTICIPATION: Maximum Federal Participation Agency Participation (non -state sources) In -Kind Cash Other $1,000,000.00 $1,000,000.00 (0%) or $0.00 (0%) or $0.00 (50%) or $500,000.00 (0%) $0.00 Maximum Department Participation Primary (DPTO) (50%) or $500,000.00 TOTAL PROJECT COST Exhibit B Page 1 of 1 $1,000,000.00 109 FINANCIAL PROJECT: 438523-1-84-01 CONTRACT NO. EXHIBIT "C" This exhibit forms an integral part of that certain Joint Participation Agreement between j the State of Florida, Department of Transportation and Indian River County Board of County Commissioners, 1801 27th Street, Vero Beach, FL 32960, referenced by the above Financial Project Number. Safety Requirements _X Bus Transit System - In accordance with Section 341.061, Florida Statutes, and Rule Chapter 14-90, Florida Administrative Code, the Agency shall submit, and the Department shall have on file, an annual safety certification that the Agency has adopted and is complying with its adopted System Safety Program Plan pursuant to Rule Chapter 14-90, F.A.C., and has performed annual safety inspections of all buses operated. Fixed Guideway System - (established) In accordance with Section 341.061, Florida Statutes, the Agency shall submit, and the Department shall have on file, annual certification by the Agency of compliance with its System Safety Program Plan, pursuant to Rule 14-15.017, Florida Administrative Code. Fixed Guideway System - (new) In accordance with Section 341.061, Florida Statutes, the Agency shall submit a certification attesting to the adoption of a System Safety Program Plan pursuant to Rule 14-15.017, Florida Administrative Code. Prior to beginning passenger service operations, the Agency shall submit a certification to the Department that the system is safe for passenger service. Exhibit C Page 1 of 1 FINANCIAL PROJECT: 438523-1-84-01 CONTRACT NO. EXHIBIT D STATE FINANCIAL ASSISTANCE (FLORIDA SINGLE AUDIT ACT) THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES: Awarding Florida Department of Transportation Agency: State Project PUBLIC TRANSIT SERVICE DEVELOPMENT PROGRAM Title: *Award Amount: $500,000.00 *The state award amount may change with supplemental agreements CSFA Number: 55.012 State Project PUBLIC TRANSIT SERVICE DEVELOPMENT PROGRAM Title: Agency: Department of Transportation Program The Public Transportation Service Development Program was Objectives: enacted to provide initial funding for special projects. The program is selectively applied to determine whether a new or innovative technique or measure can be used to improve or expand public transit. (FDOT Procedure Topic Number 725- 030-005-e) Program Public Transit Service Development Projects are undertaken Procedures: by a public agency to determine whether a new or innovative technique or measure can be utilized to improve or expand public transit services to its constituency. The duration of the project shall be limited according to the type of the project in conformance with the provisions of Section 341.051(5)(f), Florida Statutes, but in no case shall exceed a period of 3 years. (Section 341.031(8), Florida Statutes) The Joint Participation Agreement (JPA) shall specify that if deemed successful by their own measures, Service Development Projects must be continued by the public transit Exhibit D Page 1 of 3 111 provider without additional Public Transit Service Development Program funds. (FDOT Procedure Topic Number 725-030- 005-e) COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: Compliance In developing audit procedures to test compliance with the Requirement: requirements for a state project, the auditor should first look to Part Two, Matrix of Compliance Requirements, to identify which of the 10 types of compliance requirements described in Part Three of the Compliance Supplement are applicable and then look to Parts Three and Four for the details of the requirements. Activities Public Transportation Service Development Projects Allowed: specifically include projects involving the use of new technologies, services, routes, or vehicle frequencies, the purchase of special transportation services, and other such techniques for increasing service to the riding public as are applicable to specific localities and transit groups. (FDOT Procedure Topic Number 725-030-005-e) Projects involving the application of new technologies or methods for improving operations, maintenance, and marketing in public transit systems can be funded through the Public Transportation Service Development Program. (FDOT Procedure Topic Number 725-030-005-e) Allowable Costs: Public Transportation Service Development Project funds are selectively applied in the following functional areas and subject to specified times of duration: 1) Improving system operations, including, but not limited to, realigning route structures, increasing system average speed, decreasing deadhead mileage, expanding area coverage, and improving schedule adherence, for a period up to 3 years; 2) -Improving system maintenance procedures, including, but not limited to, effective preventive maintenance programs, improved mechanics training programs, decreasing service repair calls, decreasing parts inventory requirements, and decreasing equipment downtime, for a period of up to 3 years; 3) Improving marketing and consumer information programs, including, but not limited to, automated information services, Exhibit D Page 2 of 3 112 organized advertising and promotion programs, and signing of designated stops, for a period of up to 2 years; and 4) Improving technology involved in overall operations, including, but not limited to, transit equipment, fare collection techniques, electronic data processing applications, and bus locators, for a period of up to 2 years. (Section 341.051(5)(b)3(f), Florida Statutes) Cash Not Applicable Management: Eligibility: Public agencies providing or implementing public transit services directly or through contractual agreements are considered eligible recipients. Eligible capital costs are costs that would be determined as capital costs by the Federal Transit Administration. Eligible net operating costs are all operating costs of the project less any federal)funds, fares, or other sources of income to the project. (FDOT Procedure Topic Number 725-030-005-e) Equipment / Real Not Applicable Property Management: Matching: FDOT is authorized to fund up to 50 percent of the capital and net operating costs of Transit Service Development Projects that are local in scope and that will improve system efficiencies, ridership, or revenue. (Section 341.051(5)(f), Florida Statutes) Period of Availability: Reporting: Subrecipient Monitoring: Special Tests Provisions: Exhibit D+ Page 3 of 3 The Department is authorized to fund up to 100 percent of the capital and net operating cost of statewide transit service development projects. (Section 341.051(5)(e), Florida Statutes) Not Applicable Quarterly Reporting Not Applicable Not Applicable 113 GRANT NAME. Florida Public Transportation Block Grant GRANT #: NA AMOUNT OF GRANT $500,000 DEPARTMENT RECEIVING GRANT Community Development (pass through to Senior Resource Association) CONTACT PERSON Brian Freeman PHONE # (772) 226-1990 1. }low long is the grant for? Three Years Starting Date: October 1, 2016 2. Does the grant require you to fund this function after the grant is over? Yes X No 3 Does the grant require a match? X Yes No If ves, does the grant allow the match to be In Kind Services? Yes No 4 Percentage of grant to match 50 % 5 Grant match amount required $ 500,000 6. Where are the matching funds coming from (i.e. In Kind Services, Reserve for Contingency? $166,666.67 annual County match already budgeted in general fund 7. Does the grant cover capital costs or start-up costs? Yes If no, how much do you think will be needed in capital costs or start-up costs? (Attach a detailed listing of costs.) 8 Are you adding any additional positions utilizing the grant funds? Yes If yes, please list. (if additional space is needed, please attach a schedule.) X No X No Acct. Description Position Position Position Position Position Ol l 12 Regular Salaries 011 13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement Contributions 012.13 Life and Health Insurance 012.14 Worker's Compensation 012.17 Soc. Sec. Medicare Matching $166,66666 TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel, and operating? Salaries and Benefits Operating Costs Capital Total Costs 10 What is the estimated cost of the grant to the County over five years? $500,000 Signature of Preparer• ' C/1�"—^'—'Date: 2c' P 114 ATTACHMENT Grant Amount Other Matching Costs Match Total First Year $166,666.67 $ $166,666 67 (County) $333,333.34 Second Year $166,666.67 $ $166,666 67 (County) $333,333.34 Third Year $166,66666 $ $166,666.66 (County) $333,333.32 Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparer• ' C/1�"—^'—'Date: 2c' P 114 ATTACHMENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown Count Administrator minlstrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director AND James Ennis, P.E., P.M.P., County Engine r FROM: David W. Schryver, PSM, County Surveyor SUBJECT: Approval of Agreements for Continuing Professional Surveying and Mapping Services Firms RFQ# 2016029 IRC Project No. 1605 DATE: September 16, 2016 DESCRIPTION AND CONDITIONS On August 16, 2016 the Board of County Commissioners approved the five (5) firms selected for the continuing Surveying and Mapping services Contract with Indian River County. This contract is for two (2) years with an option for two (2) two-year extensions at the county's discretion. County staff has negotiated standard fee schedules and the "master" agreement with each individual firm on the selection list. The fee schedule(s) reflect fair and competitive rates for comparable professional services and tasks. These fees will be the basis for individual projects and work orders. The selected firms below have accepted the "master" agreement and submitted fee schedules that have been accepted by reviewing staff: Carter Associates, Inc. Vero Beach, Florida Kimley-Horn & Assoc., Inc. Vero Beach, Florida Morgan & Eklund, Inc. Wabasso, Florida Southeastern Surveying & Mapping Corp. Orlando, Florida CivilSury Design Group, Inc. Ft. Pierce, Florida FUNDING Funding is available from Secondary Roads — Annual Survey Services and various Other Professional Services accounts. The approved budget for Annual Survey Services is approximately $350,000.00 including rollover amounts. Funding for other professional services accounts is included within the relevant capital project budgets. F•\Public Works\ENGINEERING DIVISION PROJECTS\1605 IRC Annual 2016 Professional Survey Services Contract\Admin\agenda items\RFQ Selection BCC agenda item contracts 09-16-16.doc 115 PAGE TWO BCC Agenda item from David W. Schryver, P.S.M. For October 4, 2016 BCC Meeting RECOMMENDATION Staff recommends approval of attached fee schedules and agreements between the County and the five (5) firms selected and requests the Board to authorize the Chairman to execute the agreements. DISTRIBUTION 1. David Silon, PSM, Assistant County Surveyor 2. Keith McCully, P.E., Stormwater Engineer 3. Arjuna Weragoda, P.E., Capital Projects Manager 4. Selected Firms ATTACHMENTS I. Carter Associates, Inc. Agreement and Fee Schedule 2. Kimley-Horn & Assoc., Inc. Agreement and Fee Schedule 3. Morgan Eklund, Inc. Agreement and Fee Schedule 4. Southeastern Surveying & Mapping Corp., Agreement and Fee Schedule 5. CivilSury Design Group, Inc., Agreement and Fee Schedule APPROVED AGENDA ITEM FOR October 4 2 16 BY Indian River County Appr Date Administration Budget / _/ i ' z6 legal • zD „ 11lJ Purchasing Z% Public Works ?� Engineering y �O F•\Public Works\ENGINEERING DIVISION PROJECTS\16051RC Annual 2016 Professional Survey Services Contract\Admin\agcnda items\RFQ Selection BCC agenda item contracts 09-16-16.doc 116 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT PROFESSIONAL SURVEYING & MAPPING SERVICES MASTER AGREEMENT FOR ANNUAL PROFESSIONAL SURVEYING & MAPPING SERVICES — IRC PROJECT NO. 1605 THIS AGREEMENT, entered into this day of , 2016, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY", and CIVILSURV DESIGN GROUP, INC., hereinafter referred to as the "SURVEYOR". WITNESSETH That the COUNTY and the SURVEYOR, in consideration of their mutual covenants, herein agree with respect to the performance of professional surveying and mapping services by the SURVEYOR, and the payment for those services by the COUNTY, as set forth below and in individual Work Orders. This agreement shall be referred to as the "MASTER AGREEMENT" under which future Work Orders will apply. The SURVEYOR shall provide the COUNTY with professional surveying and mapping services and such other related services as defined in specific Work Orders, in all phases of each project. The SURVEYOR shall serve as the COUNTY's professional representative for the project as set forth in each Work Order, and shall give surveying and mapping services advice to the COUNTY during the performance of the services to be rendered. SECTION I — PROJECT LIMITS Project limits shall be identified in individual Work Orders prepared by the COUNTY and approved by the SURVEYOR. Each Work Order will be sequentially numbered and formally approved by the COUNTY prior to a Notice -to -Proceed being issued. Purchase Orders may be issued by the COUNTY and approved through the MUNIS system for proposed services that total less than $15,000.00. For proposed services $15,000.00 and over, Work Orders shall be issued and approved by the Indian River County Board of County Commissioners. Basic services required of the SURVEYOR for the project will be described in other appropriate sections of this Agreement and in individual Work Orders. SECTION II — COUNTY OBLIGATIONS The COUNTY agrees to provide the following material, data, or services as required in connection with the work to be performed under this Agreement: A. Provide the SURVEYOR with a copy of any pertinent preliminary data or reports available to the COUNTY. B. Provide the SURVEYOR with all reasonably available drawings, surveys, right-of-way maps, and other documents in the possession of the COUNTY that are pertinent to the project. C. The COUNTY shall be responsible for obtaining only those permits required to perform the work to complete the project, if such permit F:1Public WorkstENGINEERING DIVISION PROJECTS%1605 RC Annual 2016 Professional Survey Services ContracKAdmin12016-2018 Agreemenf Waster Agreement - CidlSurv.doc Page 1 of 9 117 requirements are made into law and established by regulatory agencies after the effective date of the Work Order. D. The COUNTY shall make all provisions for the SURVEYOR to enter upon public or private property subsequent to initial provisions performed by the SURVEYOR and as reasonably required for the SURVEYOR to perform his services. E. The COUNTY shall provide all title information and title opinion relating to land acquisition as applicable. F. The COUNTY shall provide property appraisal information for areas of potential acquisition as applicable. G. The COUNTY shall supply the SURVEYOR with copies of all applicable local codes and regulations. SECTION III — SCOPE OF SERVICES The SURVEYOR agrees to perform all necessary professional surveying and mapping services and other pertinent services in connection with the assigned project as required and as set forth in the following: 1. The SURVEYOR will endeavor not to duplicate any previous work done on any project. Before issuance of a Work Order and written authorization to proceed, the SURVEYOR shall consult with the COUNTY to clarify and define the COUNTY's requirements for the project and review all available data. 2. The SURVEYOR shall attend conferences with the COUNTY and its representatives, upon request. 3. In order to accomplish the work described under this Agreement under the time frames and conditions set forth in this Agreement, the SURVEYOR shall: a. Complete work on the project within the time allowed by maintaining an adequate staff of registered Surveyors and Mappers, GIS Professionals, Cadd operators, Survey Technicians and other employees on the work at all times. b. Comply with all federal, state, and local laws applicable to this project(s). The SURVEYOR'S work product shall conform with all applicable federal, state and local laws applicable to this project(s). C. The SURVEYOR shall cooperate fully with the COUNTY in order that all phases of the work may be properly scheduled and coordinated. d. The SURVEYOR shall contact the Sunshine State One Call of Florida (°SSOCOF") to locate the utilities, and SURVEYOR shall be entitled to rely on information provided by SSOCOF. SURVEYOR shall survey all above -ground structures, and utilities on the final plans. e. The SURVEYOR understands that certain County AutoCAD (Drawing) standards are being adopted; said standards shall be defined in individual work orders. f. The SURVEYOR shall report the status of the project to the County Surveyor upon request and hold all drawings, electronic files, calculations, and related work open to the F;\Pub6c Wcrke\ENGINEERING DMSION PROJECTM1605 IRC Annual 2016 Professional Survey Services Cont adWdmin\2016-2016 Agreements\Master Agreement - CMSurv.doc Page 2 of 9 KV] inspection of the COUNTY at any time, upon reasonable request. 4. Subject to the terms of Section X herein, all documents items fumished to the SURVEYOR by the COUNTY pursuant to this Agreement, are and shall remain the property of the COUNTY, and shall be delivered to the COUNTY upon completion of the work. 5. All items prepared by the SURVEYOR shall be created, maintained, and provided 'in the format as specified by the COUNTY in each individual Work Order. 6. Compensation to the SURVEYOR for basic services shall be in accordance with each Work Order, as mutually agreed upon by the SURVEYOR and the COUNTY. Current fee schedule is included in "Exhibit A" attached, and will be included as part of each Work Order when approved. SECTION IV — TIME FOR COMPLETION The time for completion of each project shall be defined in the Work Order. SECTION V — COMPENSATION The COUNTY agrees to pay, and the SURVEYOR agrees to accept, for services rendered pursuant to this Agreement, fees in accordance with the following: ; A. Professional Services Fee - The basic compensation shall be mutually agreed upon by the SURVEYOR and the COUNTY prior to issuance of each Work Order, and the amount shall be included in the Work Order to be formally approved by the Board of County Commissioners. B. Direct Payment for Certain Services - The COUNTY will not pay for services or goods provided by others working in conjunction with the SURVEYOR, as follows: 1. Printing and Reproduction: The COUNTY shall make direct payment to the SURVEYOR for the cost .of additional blueprints. The maximum cost allowed per blueprint, utilized shall be set forth in the Work Order. 2. Concrete Monuments 3. Others — as defined in individual Work Orders. SECTION VI — ADDITIONAL SERVICE WORK Additional service work occurs when the COUNTY requests changes after it has , formally approved this Agreement. Additional service work shall not commence until a Work Order for the additional work has been formally issued by the County Surveyor or his designee, and formally approved by the Board of County Commissioners, or the County Administrator and the additional service work shall be performed in accordance with the fee schedule set forth in that Work Order. SECTION VII — CHANGE IN THE PROJECT SCOPE AFTER A WORK ORDER HAS BEEN EXECUTED 'If the project scope is changed after a Work Order has been executed, such work shall be the subject of a Supplemental Work Order formally approved by the Board of County Commissioners or the County Administrator pursuant to his delegated authority. FAPublic Works'ENGINEERING DMSION PROJECTSM05 IRC Anrwal 2016 Professional Survey Services ContracMdminVOU-2016 AgreemenlsWasler Agreement - CMISurv.doc Page 3 of 9 4 119 SECTION VIII — PAYMENTS The COUNTY shall make monthly partial payments Pursuant to Florida Prompt Payment Act (F.S. 218.70) to the SURVEYOR as provided by in the Work Order. A ten percent (10%) retainage shall be withheld by the COUNTY on all Work Orders until all of the SURVEYORS work is completely accepted by the COUNTY. Unless otherwise stated in the Work Order, the SURVEYOR shall submit duly certified invoices in duplicate no more than once monthly to the County Surveyor. The Agreement shall be divided into units of deliverables, which shall include, but not be limited to, reports, findings, drawings, recommendations, and drafts, that must be received and accepted in writing by the County Surveyor, prior to payment. SECTION IX — RIGHT OF DECISIONS All services shall be performed by the SURVEYOR to the satisfaction of the County Surveyor who shall decide all questions, difficulties, and disputes of whatever nature that may arise under or by reason of this Agreement, according to the prosecution and fulfillment of the service hereunder, and the character, quality, amount and value thereof. The COUNTY's decision upon all claims, questions, and disputes shall be final, conclusive, and binding upon the parties hereto, unless such determination is clearly arbitrary or unreasonable. Adjustments of compensation and contract time because of any major changes in the work that might become necessary or be deemed desirable as the work progresses shall be reviewed by the County Surveyor. If the SURVEYOR does not concur in the judgment of the County Surveyor as to any decisions made by him or her, it shall present its written objections to the County Engineer, Public Works Director and subsequently the Administrator of Indian River County, who shall make a- decision, and the SURVEYOR shall abide by the County Administrator's decision, unless the decision is clearly arbitrary or unreasonable. SECTION X — OWNERSHIP AND REUSE OF DOCUMENTS A. Ownership and Copyright: Ownership and copyright of all reports, tracings, plans, electronic files, specifications, field books, survey information, maps, contract documents, and other data developed by the SURVEYOR pursuant to this Agreement, shall be vested in the COUNTY. Said materials shall be made available to the COUNTY by the SURVEYOR at any time upon request of the COUNTY. On or before the tenth day after all work contemplated under this Agreement is complete, all of the above materials shall be delivered to the County Surveyor. B. Reuse of Documents: All documents, including but not limited to reports, drawings and specifications, prepared or performed by the SURVEYOR pursuant to this Agreement, are related exclusively to the services described herein. They are not intended or represented to be suitable for reuse by the COUNTY or others on extensions of this project or on any other project. The COUNTY's reuse of any document or drawing shall be at the COUNTY's own risk. The COUNTY shall not hold the SURVEYOR liable for any misuse by others. SECTION XI — NOTICES Any notices, reports or other written communications from the SURVEYOR to the COUNTY shall be considered delivered when posted by certified mail or delivered in person to the County Surveyor. Any notices, reports or other communications from the RNPublic WorksXENGINEERING OMSION PROJECTS11605 IRC Annual 2016 ProfessimW Survey Sepices ContradWdmin%2016-2018 AgreemantsWlaster Agreement - CIv11Surv.doc Page 4 of 9 120 COUNTY to the SURVEYOR, shall be considered delivered when posted by certified mail to the SURVEYOR at the last address left on file with the COUNTY or delivered in- person to said SURVEYOR or its authorized representative. SECTION XII — TERMINATION Either party may terminate this Agreement upon seven (7) days written notice to the other party, except if the SURVEYOR terminates this Agreement, such termination shall not be effective, absent the COUNTY's consent, until the SURVEYOR'S completion to the COUNTY's satisfaction, of any pending Work Order. SECTION XIII — SURVEYOR'S PERSONNEL ASSIGNED TO THE PROJECT The COUNTY shall have the right of approval of all SURVEYOR's personnel assigned to any COUNTY project. Therefore, any subsequent changing of assigned personnel to any COUNTY project shall also be subject to COUNTY approval. Failure to adhere to this policy shall be considered a cause for contract termination. SECTION XIV — AUDIT RIGHTS The COUNTY reserves the right to audit the project records of the SURVEYOR related to this Agreement at any time during the prosecution of the work included herein and for a period of three years after final payment is made. SECTION XV — SUBLETTING The SURVEYOR shall not sublet, assign, or transfer any work under this Agreement without the written consent of the COUNTY. When applicable and upon receipt of such consent in writing, the SURVEYOR shall cause the names of the Professional Surveying and Mapping firms responsible for the major portions of each separate specialty of the work to be inserted on the reports or other data. SECTION XVI —WARRANTY The SURVEYOR warrants that it has not employed or retained any company or person other than a bona fide employee working solely for the SURVEYOR, to solicit or secure this Agreement, and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the SURVEYOR any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the SURVEYOR'S breach of violation of this warranty, the COUNTY shall have the right to annul this Agreement without liability. SECTION XVII — DURATION OF AGREEMENT This Agreement shall remain in full force and effect for a period of two years after the date of execution thereof, or until completion of all project phases as defined by the County Surveyor (or Designee), whichever occurs first, or unless otherwise terminated by mutual consent of the parties hereto, or terminated pursuant to Section XII — "Termination." This Agreement may be extended for two additional two year increments at the discretion of the COUNTY. SECTION XVIII — INSURANCE During the performance of the work covered by this Agreement, the SURVEYOR shall provide the COUNTY with evidence that the SURVEYOR has obtained and maintains the insurance listed in the Agreement. F-1Public Works1ENGINEERING DNISION PROJECTS11605 IRC Annual 2016 Professional Survey Services ContracMdrrn=16-2018 Agreements%Mester Agreement - CMISurv.doc Page 5 of 9 121 1. SURVEYOR shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the SURVEYOR, its agents, representatives, employees or i subcontractors. The cost of such insurance shall be included in the SURVEYOR's fees. 2. Minimum Scope of Insurance (for fees less than $500,000): A. Worker's Compensation as required by the State of Florida. Employers Liability of $100,000 each accident, $500,000 disease policy limit, and $100,000 disease each employee. B. General Liability $1,000,000 combined single limit per accident for bodily injury and property damage. Coverage shall include premises/operations, products/completed operations, contractual liability, and independent contractors. COUNTY shall be named an "Additional Insured" on the certificate of insurance. C. Auto Liability $500,000 combined single limit per accident for bodily injury and property damage. Coverage shall include owned vehicles, hired vehicles, and non -owned vehicles. COUNTY shall be named an "Additional Insured" on the certificate of insurance. D. Professional Liability Insurance providing coverage for negligent acts, errors, or omissions committed by SURVEYOR with a $500,000 per claim/annual aggregate. This insurance shall extend coverage to loss of interest, earning, profit, use and business interruption, cost of replacement power, and other special, indirect, and consequential damages. 3. SURVEYOR's insurance coverage shall be primary. 4. All above insurance policies shall be placed with insurers with a Best's rating of no less that A -VII. The insurer chosen shall also be licensed to do business in Florida. 5. The insurance policies procured, other than professional liability, shall be occurrence forms, not claims made policies. Professional liability shall be on a claims -made basis. 6. The insurance companies chosen shall provide certificates of insurance prior to signing of contracts, to the Indian River County Risk Management Department. 7. Each insurance company shall provide the Indian River County Risk Management Department with a certificate of insurance that states that the insurance company will provide 30 days notice to the Risk Management Department, of its intent to modify or cancel said policies of insurance. Such notice shall be in writing by registered mail, return receipt requested, and addressed to the Risk Manager of the Risk Management Department. 8. The SURVEYOR shall include all sub -contractors as insured under its policies or shall furnish separate certificates and endorsements for each F'1PubGc WorkMENGINEERING WISION PROJECTS11605 IRC Annual 2016 Professional Survey Services ContracRAdmin%2016-2016AgreementsWaslerAgreemerd- C'nalSirv.doc Page 6 of 9 122 subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 9. Any deductibles or self-insured retentions greater than $5,000 must be approved by the Risk Manager for Indian River County with the ultimate responsibility for same going to the SURVEYOR. SECTION XIX - INDEMNIFICATION SURVEYOR hereby agrees to indemnify, and hold harmless, the COUNTY, and the COUNTY's officers, employees and agents, from and against any and all claims from liabilities, damages, losses, costs, third party claims, judgments, and expense to persons or property, including reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of SURVEYOR, or of SURVEYOR's officers, employees, or agents, and SURVEYOR shall indemnify the COUNTY against any such claims and any judgments that may be entered in connection therewith, including reasonable attorneys' fees. SECTION XX — SAFETY SURVEYOR is solely responsible for the safety of its employees and others arising from SURVEYOR's operations. All projects shall follow proper safety procedures referencing the Florida Department of Transportation Safety Standards for Surveyors and as any job site safety. However, in accordance with generally accepted practices, the SURVEYOR may report any observed job site safety violations by others to the COUNTY. SECTION XXI — CHOICE OF LAW AND VENUE This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. SECTION XXII — ENTIRETY OF AGREEMENT This writing embodies the entire Agreement and understanding between the parties hereto, and there are no other Agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by both parties hereto. SECTION XXIII - SEVERABILITY If any provision, section, or paragraph of this agreement is determined by a court of competent jurisdiction to be void, illegal, or unenforceable, the remaining portions not found to be void, illegal, or unenforceable, shall remain in full force and effect. SECTION XXIV — PUBLIC RECORDS COMPLIANCE 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. R%Public WorksIENGINEERING DIVISION PROJECTSX1605 IRC Annual 2016 Professional Survey Services Contract'Admin=16-2018 AgreemerdsWtaster Agreement - CMISurv.doc Page 7 of 9 I 123 (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. 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 1801 27th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. SECTION XXV - PROHIBITION AGAINST CONTINGENT FEES The registered surveyor and mapper warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the registered surveyor and mapper to solicit or secure this agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the registered surveyor and mapper any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this agreement." For the breach or violation of this provision, the agency shall have the right to terminate the 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. FAPublic Work$%NGINEERING OMSION PROJECTS11606IRC Annul 2016 Pro(esslonel Survey Services ContreceAdmin1201S4016 A9reemerbV&ster Agreement CWSurv.doc Page 8 of 9 124 IN WITNESS WHEREOF the parties hereto have executed these presents this _ day of , 2016. CIVILSURV DESIGN GROUP, INC. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS BY: n BY: Bob Solari, Chairman Title: -P'�ZE 5I C�Etq-r Board of County Commissioners WITNESS: BY: , ,� .a � c�/J NAME: Approved by the BCC: ATTEST: Jeffrey R. Smith Clerk of Court & Comptroller IV DEPUTY CLERK OF COURT Pasqn E. Brown COUNtY ADMINISTRATOR #"-, 4�60 .6kDylan Reingold '- COUNTY ATTORNEY FAPub[ic Woft1ENGINEERING DIVISION PROJECTSMS IRC Annual 2016 Professional Survey Services ContracIlAdmin12016-2018 AtireementslMester Agreement - CivilSurv.doc Page 9 of 9 125 EXHIBIT A FEE SCHEDULE Duty Code Job Classification 72 Administrative Assistant 73 Associate 1 74 Associate 2 75 Sr. Associate 76 Project Manager 77 Sr. Project Manager 78 Director 79 Principal 42 2 Person Survey Crew 43 3 Person Survey Crew 44 Specialty Survey Crew Valid October 11 2016 — September 30, 2018 Ne itle�E��►�� Hourly Rate $60.00 $80.00 $90.00 $115.00 $150.00 $175.00 $190.00 $275.00 $120.00 $150.00 $195.00 Date 2525 Diane field Foad i Sade 7 _ake and Flos,s-a 33811 p 803-6'C-'77 F. 8oS- <5_ ..;P toi; free 8' ; - ;H7- 771 i i 126 EXHIBIT B Direct Expenses Cost per Unit Photographic Copies Color Copies a) 8.5" x 11" $ 1.00 b) 8.5" x 14 or 11 "x 17" $ 2.00 c) 24"x 36" $20.00 Black & White Copies a) . Any Size up to 11 "x17" $ 0.25 b) 24"x 36" Blackline $ 3.00 c) 30" x 42" Blackline $ 3.00 d) 24" x 36" Sepia $10.00 ; e) 24"x 36" Mylar $15.00 Laminating[Transparency Film Covers $ 3.00 Display Boards Mounted (Foam) 30"x 40" $45.00 Mounted (Foam) 40"x 60" and larger $75.00 3 Ring Binders 1" $ 2.50 Dividers (Tabs) Set of 10 $ 1.00 Acco/GBC Binding $ 3.00 Facsimiles $ 2.50 ; Overnight Packages/Courier & Delivery Services $25.00 Postage: 1 st Class Current US Postal rate Mileage: $ 0.50 / mile Any other expenses will be billed at cost plus 10% carrying charge. ; "NOTE: Typical other reimbursable expenses include travel, lodging, and meals when traveling on CLIENTS behalf, identifiable communication expenses, all reproduction costs, and special accounting expenses not applicable to general overhead. Valid October 1, 2016 — September 30, 2018 llsc a'( N Title -Perms i C>Q4r S!n311 BU!SineFs Ent-amn; Date 2525 0 t ant Field FCcd Suiie 7 j La eland FI 02 33811 P"•6 c'4f. i 5 r'+C<_ i , _ 127 AC RDI CERTIFICATE OF LIABILITY INSURANCE DIYIIYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, s�DATE(. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terns and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to .the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Jessica Fale Heacock Insurance Group, Inc. 1105 US Hwy 27 North PHONE Fax 863-337-4020 . 863-683-3309 EMAIL . jfale@heacock.com Sebring FL 33870 INSURERS AFFORDING COVERAGE NAIC 0 2/27/2017 INSURER A : WeSCO Insurance Company DAMAGE TO RENTED PREMISES Ea occurrence$300,000 INSURED CIVIDES-01 INSURERB:Travelers Property Casualty Company 25674 CivilSury Design Group, 'Inc. INSURERC:Travelers Indemnity Company 25658 2525 Drane Field Road, Ste 7 Lakeland FL 33811 INSURER D .Travelers Casualty & Surety 19038 INSURER E: INSURER F: PERSONAL &ADV INJURY 51,000,000 COVERAGES CERTIFICATE NUMRFR! I45UU1728 RFVI.CInN IJIIMRFR• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL ISD 5UBK1 WVD POLICY NUMBER POLICY EFF MM/DD POLICY EXP MIDD LIMITS B X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X❑ OCCUR Y 6805F946119 2127/2016 2/27/2017 EACH OCCURRENCE S 1.000 000 DAMAGE TO RENTED PREMISES Ea occurrence$300,000 MED EXP (Any oneperson) $5,000 PERSONAL &ADV INJURY 51,000,000 GENT AGGREGATE LIMIT APPLIES PER: POLICY a JECT LOC GENERAL AGGREGATE s2 00,000 PRODUCTS - COMP/OP AGG s2,000,000 $ OTHER: B AUTOMOBILE LIABILITY Y Y BA5F947417 2/27/2016 2/27/1017 COMBINED GLE LIMIT$ Ea accident 1,000,000 X ANY AUTO BODILY INJURY (Per person) S AUTOWNED SCHEDULED AUTOSBODILY INJURY (Per accident) S NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Per accident S $ C X UMBRELLA LIABX OCCUR Y Y CUP5F95257A 227/2016 2/27/2017 EACH OCCURRENCE $1,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $1,000,000 DED X I RETENTIONS 10,000 S D WORKERS COMPENSATION AND EMPLOYERS' LIABILI Y YIN ANY PROPRIETORIPARTNERIEXECUTIVEF—] OFFICERIMEMBER EXCLUDED? NIA Y UB4402T275 2272016 21272017PER OTH- X STATUTE I X I ER E.L EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE S1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 A Professional Liability ARA111969902 2272016 2272017 Per Claim 2,000,000 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) IRC Project #1605 Indian River County 1800 27 Street Vero Beach FL 32960 L -111L Le! .4, X7111 L•1.� SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD 128 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT PROFESSIONAL SURVEYING & MAPPING SERVICES MASTER AGREEMENT FOR ANNUAL PROFESSIONAL SURVEYING & MAPPING SERVICES — IRC PROJECT NO. 1605 THIS AGREEMENT, entered into this day of , 2016, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY", and SOUTHEASTERN SURVEYING AND MAPPING, CORP., hereinafter referred to as the "SURVEYOR". WITNESSETH That the COUNTY and the SURVEYOR, in consideration of their mutual covenants, herein agree with respect to the performance of professional surveying and mapping services by the SURVEYOR, and the payment for those services by the COUNTY, as set forth below and in individual Work Orders. This agreement shall be referred to as the "MASTER AGREEMENT" under which future Work Orders will apply. The SURVEYOR shall provide the COUNTY with professional surveying and mapping services and such other related services as defined in specific Work Orders, in all phases of each project. The SURVEYOR shall serve as the COUNTY's professional representative for the project as set forth in each Work Order, and shall give surveying and mapping services advice to the COUNTY during the performance of the services to be rendered. SECTION 1— PROJECT LIMITS Project limits shall be identified in individual Work Orders prepared by the COUNTY and approved by the SURVEYOR. Each Work Order will be sequentially numbered and formally approved by the COUNTY prior to a Notice -to -Proceed being issued. Purchase Orders may be issued by the COUNTY and approved through the MUNIS system for proposed services that total less than $15,000.00. For proposed services $15,000.00 and over, Work Orders shall be issued and approved by the Indian River County Board of County Commissioners. Basic services required of the SURVEYOR for the project will be described in other appropriate sections of this Agreement and in individual Work Orders. SECTION II — COUNTY OBLIGATIONS The COUNTY agrees to provide the following material, data, or services as required in connection with the work to be performed under this Agreement: A. Provide the SURVEYOR with a copy of any pertinent preliminary data or reports available to the COUNTY. B. Provide the SURVEYOR with all reasonably available drawings, surveys, right-of-way maps, and other documents in the possession of the COUNTY that are pertinent to the project. C. The COUNTY shall be responsible for obtaining only those permits required to perform the work to complete the project, if such permit ' F1Public WorkMENGINEERING DIVISION PROJECTS11605 IRC Annual 2016 Professional Survey Services ContraoiXAdmin\2016-2016 AgreementsWlasterAgreement - Southeastem.doc Page 1 of 9 129 requirements are made into law and established by regulatory agencies after the effective date of the Work Order. D. The COUNTY shall make all provisions for the SURVEYOR to enter upon public or private property subsequent to initial provisions performed by the SURVEYOR and as reasonably required for the SURVEYOR to perform his services. E. The COUNTY shall provide all title information and title opinion relating to land acquisition as applicable. F. The COUNTY shall provide property appraisal information for areas of potential acquisition as applicable. G. The COUNTY shall supply the SURVEYOR with copies of all applicable local codes and regulations. SECTION III — SCOPE OF SERVICES The SURVEYOR agrees to perform all necessary professional surveying and mapping services and other pertinent services in connection with the assigned project as required and as set forth in the following: 1. The SURVEYOR will endeavor not to duplicate any previous work done on any project. Before issuance of a Work Order and written authorization to proceed, the SURVEYOR shall consult with the COUNTY to clarify and define the COUNTY's requirements for the project and review all available data. 2. The SURVEYOR shall attend conferences with the COUNTY and its representatives, upon request. 3. In order to accomplish the work described under this Agreement under the time frames and conditions set forth in this Agreement, the SURVEYOR shall: a. Complete work on the project within the time allowed by maintaining an adequate staff of registered Surveyors and Mappers, GIS Professionals, Cadd operators, Survey Technicians and other employees on the work at all times. b. Comply with all federal, state, and local laws applicable to this project(s). The SURVEYOR'S work product shall conform with all applicable federal, state and local laws applicable to this project(s). C. The SURVEYOR shall cooperate fully with the COUNTY in order that all phases of the work may be properly scheduled and coordinated. d. The SURVEYOR shall contact the Sunshine State One Call of Florida ("SSOCOF") to locate the utilities, and SURVEYOR shall be entitled to rely on information provided by SSOCOF. SURVEYOR shall survey all above -ground structures, and utilities on the final plans. e. The SURVEYOR understands that certain County AutoCAD (Drawing) standards are being adopted; said standards shall be defined in individual work orders. f. The SURVEYOR shall report the status of the project to the County Surveyor upon request and hold all drawings, electronic files, calculations, and related work open to the l" Public Works\ENGINEERING DIVISION PROJECTSM05 IRC Annual 2016 Professional Survey Services ContracItAdmin12016-2018 AgreemenlsWasler Agreement - Southeaslem.doc Page 2 of 9 130 inspection of the COUNTY at any time, upon reasonable request. 4. Subject to the terms of Section X herein, all documents items furnished to the SURVEYOR by the COUNTY pursuant to this Agreement, are and shall remain the property of the COUNTY, and shall be delivered to the COUNTY upon completion of the work. 5. All items prepared by the SURVEYOR shall be created, maintained, and provided in the format as specified by the COUNTY in each individual Work Order. 6. Compensation to the SURVEYOR for basic services shall be in accordance with each Work Order, as mutually agreed upon by the SURVEYOR and the COUNTY. Current fee schedule is included in "Exhibit A" attached, and will be included as part of each Work Order when approved. SECTION IV — TIME FOR COMPLETION The time for completion of each project shall be defined in the Work Order. SECTION V — COMPENSATION The COUNTY agrees to pay, and the SURVEYOR agrees to accept, for services rendered pursuant to this Agreement, fees in accordance with the following: A. Professional Services Fee - The basic compensation shall be mutually agreed upon by the SURVEYOR and the COUNTY prior to issuance of each Work Order, and the amount shall be included in the Work Order to be formally approved by the Board of County Commissioners. B. Direct Payment for Certain Services - The COUNTY will not pay for services or goods provided by others working in conjunction with the SURVEYOR, as follows: 1. Printing and Reproduction: The COUNTY shall make direct payment to the SURVEYOR for the cost of additional blueprints. The maximum cost allowed per blueprint, utilized shall be set forth in the Work Order. 2. Concrete Monuments 3. Others — as defined in individual Work Orders. SECTION VI — ADDITIONAL SERVICE WORK Additional service work occurs when the COUNTY requests changes after it has formally approved this Agreement. Additional service work shall not commence until a Work Order for the additional work has been formally issued by the County Surveyor or his designee, and formally approved by the Board of County Commissioners, or the County Administrator and the additional service work shall be performed in accordance with the fee schedule set forth in that Work Order. SECTION VII — CHANGE IN THE PROJECT SCOPE AFTER A WORK ORDER HAS BEEN EXECUTED If the project scope is changed after a Work Order has been executed, such work shall be the subject of a Supplemental Work Order formally approved by the Board of County Commissioners or the County Administrator pursuant to his delegated authority. F -\Public Works\ENGINEERING DIVISION PROJECTS\1605 IRC Annual 2016 Professional Survey Services Contract\Admin\2016-2018 Agreements\Master Agreement - Southeastem.doc Page 3 of 9 '131 SECTION VIII — PAYMENTS The COUNTY shall make monthly partial payments Pursuant to Florida Prompt Payment Act (F.S. 218.70) to the SURVEYOR as provided by in the Work Order. A ten percent (10%) retainage shall be withheld by the COUNTY on all Work Orders until all of the SURVEYORS work is completely accepted by the COUNTY. Unless otherwise stated in the Work Order, the SURVEYOR shall submit duly certified invoices in duplicate no more than once monthly to the County Surveyor. The Agreement shall be divided into units of deliverables, which shall include, but not be limited to, reports, findings, drawings, recommendations, and drafts, that must be received and accepted in writing by the County Surveyor, prior to payment. SECTION IX — RIGHT OF DECISIONS All services shall be performed by the SURVEYOR to the satisfaction of the County Surveyor who shall decide all questions, difficulties, and disputes of whatever nature that may arise under or by reason of this Agreement, according to the prosecution and fulfillment of the service hereunder, and the character, quality, amount and value thereof. The COUNTY's decision upon all claims, questions, and disputes shall be final, conclusive, and binding upon the parties hereto, unless such determination is clearly arbitrary or unreasonable. Adjustments of compensation and contract time because of any major changes in the work that might become necessary or be deemed desirable as the work progresses shall be reviewed by the County Surveyor. If the SURVEYOR does not concur in the judgment of the County Surveyor as to any decisions made by him or her, it shall present its written objections to the County Engineer, Public Works Director and subsequently the Administrator of Indian River County, who shall make a decision, and the SURVEYOR shall abide by the County Administrator's decision, unless the decision is clearly arbitrary or unreasonable. SECTION X — OWNERSHIP AND REUSE OF DOCUMENTS A. Ownership and Copyright: Ownership and copyright of all reports, tracings, plans, electronic files, specifications, field books, survey information, maps, contract documents, and other data developed by the SURVEYOR pursuant to this Agreement, shall be vested in the COUNTY. Said materials shall be made available to the COUNTY by the SURVEYOR at any time upon request of the COUNTY. On or before the tenth day after all work contemplated under this Agreement is complete, all of the above materials shall be delivered to the County Surveyor. B. Reuse of Documents: All documents, including but not limited to reports, drawings and specifications, prepared or performed by the SURVEYOR pursuant to this Agreement, are related exclusively to the services described herein. They are not intended or represented to be suitable for reuse by the COUNTY or others on extensions of this project or on any other project. The COUNTY's reuse of any document or drawing shall be at the COUNTY's own risk. The COUNTY shall not hold the SURVEYOR liable for any misuse by others. SECTION XI — NOTICES Any notices, reports or other written communications from the SURVEYOR to the COUNTY shall be considered delivered when posted by certified mail or delivered in person to the County Surveyor. Any notices, reports or other communications from the F,1Public WorksIENGINEERING DIVISION PROJECTS11606 IRC Annual 2016 Professional Survey Services Contract\Admin12016-2018 Agreements\Master Agreement - Southeastem.doc Page 4 of 9 ,132 COUNTY to the SURVEYOR, shall be considered delivered when posted by certified mail to the SURVEYOR at the last address left on file with the COUNTY or delivered in- person to said SURVEYOR or its authorized representative. SECTION XII — TERMINATION Either party may terminate this Agreement upon seven (7) days written notice to the other party, except if the SURVEYOR terminates this Agreement, such termination shall not be effective, absent the COUNTY's consent, until the SURVEYOR'S completion to the COUNTY's satisfaction, of any pending Work Order. SECTION XIII — SURVEYOR'S PERSONNEL ASSIGNED TO THE PROJECT The COUNTY shall have the right of approval of all SURVEYOR's personnel assigned to any COUNTY project. Therefore, any subsequent changing of assigned personnel to any COUNTY project shall also be subject to COUNTY approval. Failure to adhere to this policy shall be considered a cause for contract termination. SECTION XIV — AUDIT RIGHTS The COUNTY reserves the right to audit the project records of the SURVEYOR related to this Agreement at any time during the prosecution of the work included herein and for a period of three years after final payment is made. SECTION XV — SUBLETTING The SURVEYOR shall not sublet, assign, or transfer any work under this Agreement without the written consent of the COUNTY. When applicable and upon receipt of such consent in writing, the SURVEYOR shall cause the names of the Professional Surveying and Mapping firms responsible for the major portions of each separate specialty of the work to be inserted on the reports or other data. SECTION XVI — WARRANTY The SURVEYOR warrants that it has not employed or retained any company or person other than a bona fide employee working solely for the SURVEYOR, to solicit or secure this Agreement, and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the SURVEYOR any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the SURVEYOR'S breach of violation of this warranty, the COUNTY shall have the right to annul this Agreement without liability. SECTION XVII — DURATION OF AGREEMENT This Agreement shall remain in full force and effect for a period of two years after the date of execution thereof, or until completion of all project phases as defined by the County Surveyor (or Designee), whichever occurs first, or unless otherwise terminated by mutual consent of the parties hereto, or terminated pursuant to Section XII — "Termination." This Agreement may be extended for two additional two year increments at the discretion of the COUNTY. SECTION XVIII — INSURANCE During the performance of the work covered by this Agreement, the SURVEYOR shall provide the COUNTY with evidence that the SURVEYOR has obtained and maintains the insurance listed in the Agreement. F\Public Works\ENGINEERING DNISION PROJECTS\160S IRC Annual 2016 Professional Survey Services Contrad\Admin\2016-2018 Agreements\Master Agreement - Southeastem.doc Page 5 of 9 133 1. SURVEYOR shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the SURVEYOR, its agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the SURVEYOR's fees. 2. Minimum Scope of Insurance (for fees less than $500.000): A. Worker's Compensation as required by the State of Florida. Employers Liability of $100,000 each accident, $500,000 disease policy limit, and $100,000 disease each employee. B. General Liability $1,000,000 combined single limit per accident for bodily injury and property damage. Coverage shall include premises/operations, products/completed operations, contractual liability, and independent contractors. COUNTY shall be named an "Additional Insured" on the certificate of insurance. C. Auto Liability $500,000 combined single limit per accident for bodily injury and property damage. Coverage shall include owned vehicles, hired vehicles, and non -owned vehicles. COUNTY shall be named an "Additional Insured" on the certificate of insurance. D. Professional Liability Insurance providing coverage for negligent acts, errors, or omissions committed by SURVEYOR with a $500,000 per claim/annual aggregate. This insurance shall extend coverage to loss of interest, earning, profit, use and business interruption, cost of replacement power, and other special, indirect, and consequential damages. 3. SURVEYOR's insurance coverage shall be primary. 4. All above insurance policies shall be placed with insurers with a Best's rating of no less that A -VII. The insurer chosen shall also be licensed to do business in Florida. 5. The insurance policies procured, other than professional liability, shall be occurrence forms, not claims made policies. Professional liability shall be on a claims -made basis. 6. The insurance companies chosen shall provide certificates of insurance prior to signing of contracts, to the Indian River County Risk Management Department. 7. Each insurance company shall provide the Indian River County Risk Management Department with a certificate of insurance that states that the insurance company will provide 30 days notice to the Risk Management Department, of its intent to modify or cancel said policies of insurance. Such notice shall be in writing by registered mail, return receipt requested, and addressed to the Risk Manager of the Risk Management Department. 8. The SURVEYOR shall include all sub -contractors as insured under its policies or shall furnish separate certificates and endorsements for each F'\Public Works\ENGINEERING DIVISION PROJECTS\1605 IRC Annual 2016 Professional Survey Services Contract\Admin\2016-2016 Agreements\Master Agreement - Soulheastem.doc Page 6 of 9 134 subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 9. Any deductibles or self-insured retentions greater than $5,000 must be approved by the Risk Manager for Indian River County with the ultimate responsibility for same going to the SURVEYOR. SECTION XIX - INDEMNIFICATION SURVEYOR hereby agrees to indemnify, and hold harmless, the COUNTY, and the COUNTY's officers, employees and agents, from and against any and all claims from liabilities, damages, losses, costs, third party claims, judgments, and expense to persons or property, including reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of SURVEYOR, or of SURVEYOR's officers, employees, or agents, and SURVEYOR shall indemnify the COUNTY against any such claims and any judgments that may be entered in connection therewith, including reasonable attorneys' fees. SECTION XX — SAFETY SURVEYOR is solely responsible for the safety of its employees and others arising from SURVEYOR's operations. All projects shall follow proper safety procedures referencing the Florida Department of Transportation Safety Standards for Surveyors and as any job site safety. However, in accordance with generally accepted practices, the SURVEYOR may report any observed job site safety violations by others to the COUNTY. SECTION XXI — CHOICE OF LAW AND VENUE This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. SECTION XXII — ENTIRETY OF AGREEMENT This writing embodies the entire Agreement and understanding between the parties hereto, and there are no other Agreements and understandings, oral or written, with reference to. the subject matter hereof that are not merged herein and superseded hereby. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by both parties hereto. SECTION XXIII - SEVERABILITY If any provision, section, or paragraph of this agreement is determined by a court of competent jurisdiction to be void, illegal, or unenforceable, the remaining portions not found to be void, illegal, or unenforceable, shall remain in full force and effect. SECTION XXIV — PUBLIC RECORDS COMPLIANCE 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. F:1Public Works\ENGINEERING DIVISION PROJECTS11605 IRC Annual 2016 Professional Survey Services ContracMdminX2016-2018 Agreements\Master Agreement - Southeaslem.doc Page 7of9 i 135 (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. 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 1801 27th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. SECTION XXV - PROHIBITION AGAINST CONTINGENT FEES The registered surveyor and mapper warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the registered surveyor and mapper to solicit or secure this agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the registered surveyor and mapper any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this agreement." For the breach or violation of this provision, the agency shall have the right to terminate the 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. F:1Pub11c Works%ENGINEERING DMSION PROJECTM1605 IRC Arcual 2016 Professloml Survey Services ContractWdmW2016-2018 AgreementsWlasterAproemeM - Soud"dermdoc Page 8 of 9 136 IN WITNESS WHEREOF the parties hereto have executed these presents this _ day of 12016. - SOUTHEASTERN SURVEYING AND MAPPING, CORP. BY: Title: Gary B. Krick, PSM / President WITNESS: BY: NAME: Tames L. Petersen, PSM / Sr. VP INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Bob Solari, Chairman Board of County Commissioners Approved by the BCC: ATTEST: Fin Jeffrey R. Smith Clerk of Court & Comptroller DEPUTY CLERK OF COURT J so E. Brown CO UN MINISTRATOR 4V 1)0)147 '�Dylan eingold L COUNTY ATTORNEY FAPublic Works\ENGINEERING DNISION PROJECTS116051RC Annual 2016 Professional Survey Services ContradWdmin12016-2018 AgreementslMasterAgreement - Soulheaslem.doc Page 9 of 9 137 Steven L. Anderson, Jr , PSM, PLS Charles M. Arnett. PSM Project Management James L. Petersen, PSM William C Rowe, PSM Michael L. Dougherty, PSM GIS Analyst Tony G Syfrett, PSM, PLS Bruce C Ducker, PSM John S. Thomas, PSM James M. Dunn, 11, PSM Thomas F Ferguson, PSMSOe C 'r�-� Edward W Wackerman, PSM Ronnie A.Figueroa, PSM, GISP r �l Thomas P Young, Jr ,PSM, GISP Kirk R. Hall, EI, GISP Fl Tate B Flowers, PLS Robert W Gardner, PSM 1 flu ey>ng� \ Brad A. Stroppel, EI, GISP Brian R. Garvey, PE, GISP 1 \® Catherine E. Galgano, GISP b Cheryl A. g, GISP Isenberg, Isener Daniel J Henry, PSM, PLS Matthew G Jennings, RLS Southeastern Surveying and Mapping Corporation Brian E.. GISP Gary B Krick, PSM Brad J Lashley, PSM, PLS Serving the Southeast Since 1972 Patrick J Phillips, GISP Donna L. Hendrix, CST IV Myron F Lucas, PSM www.southeastemsurveying.com Frank B. Henry, CST IV James E. Mazurak, PSM David M. Rentfrow, CST IV Thomas K. Mead, PSM, PLS info@southeasternsurveying.com Steve D Smith, CST IV Timothy O Mosby, PSM Celeste B van Gelder, CST IV Land Surveying & Mapping Services • Sub -Surface Utility Designation & Location Services • Geographic Information Systems • GPS Asset Inventories October 1, 2016 to September 30, 2018 Fee Schedule Surveying & Mapping Services Personnel Classification Professional Surveyor & Mapper/PSM Expert Witness Senior Technician CAD Technician Survey Division I Man Field Crew 2 Man Field Crew 3 Man Field Crew 4 Man Field Crew Sketch of Description (per SD) GIS MaDDina Services Typical Work Tasks Project Management, Project Surveyor Quality Control/Quality Assurance Reviews Attendance and Testimony at Trial Project Calculations Preparation of Descriptions Drafting of Projects, Preparation of Sketches for Descriptions Completes field data collection and inventory Performs reconnaissance activities for completion of survey related tasks. Personnel Classification Typical Work Tasks Professional Engineer Project Management Quality Control/Quality Assurance Project Reviews GIS Analyst Database Design, Programming/ Quality Control/Quality Assurance GIS Technician Data Entry, Data Editing 2 Man GPS Crew Field Asset Inventory (sub -meter) I Man GPS Field Asset Inventory (sub -meter) Plat Review Services (if required) Initial Review includes Second Review Plat (initial and second review) Third or Additional Review Same Plat Plat (third or additional reviews of same plat) Hourly Billing Rate $130,00 / per hour $261.00 /per hour $97.00 / per hour $86.00 / per hour $94.00 / per hour $130.00 / per hour $164.00 / per hour $188.00 / per hour $495.00/per SD Hourly Billing Rate $130.00 /per hour $97.00 / per hour $86.00 / per hour $130.00 / per hour $76.00 / per hour $770.00 / per Plat (up to two (2) sheets) $22.00 /per lot (over two (2) sheets) $346.00 6500 All American Blvd 1130 Highway 90 Cypress Business Center 119 West Main Street 10 East Lake Street University Corporate Park Orlando, FL 32810 Chipley, FL 32428 8301 Cypress Plaza Drive, Tavares, FL 32778 Kissimmee, FL 34744 10770 North 46th Street 407.292.8580 850.638.0790 Suite 104 352.343.4880 407.944 4880 Suite C-300 407.292.0141 Fax 850.638.8069 Fax Jacksonville, FL 32256 352.343 4914 Fax 407.944 0424 Fax Tampa, FL 33617 904 737.5990 813.898.2711 904 737.5995 Fax 813.898.2712 Fax Licenses. PSM: Florida Professional Surveyor & Mapper • PLS: Alabama Professional Land Surveyor • RLS: Georgia Registered Land Surveyor • PE. Professional Engineer 138 Certifications: El: Engineering Intern • GISP Geographic Information Systems Professional • CST Certified Survey Technician Page 2 Subsurface Utility Engineering Services Designating Services Project Manager $130.00 / per hour Senior Technician $97.00 / per hour 2 man crew $210.00 / per hour 3 man crew $243.00 / per hour Vacuum Excavation Test Holes 1 Test Hole/Dirt $463.00 1 Test Hole/Asphalt/Concrete $575.00 2 - 19 Test Holes/Dirt $396.00 / each 2 - 19 Test Holes/Asphalt/Concrete $452.00 / each 20 - 49 Test Holes/dirt $362.00 / each 20 - 49 Test Holes/asphalt/concrete $407.00 / each 50 - 99 Test Holes/dirt $312.00 / each 50 - 99 Test Holes/asphalt/concrete $362.00 / each 100 or more Test Holes/dirt $277.00 / each 100 or more Test Holes/asphalt/concrete $316.00 / each GPR Bore Route $564.00 / each Vacuum Excavation for Environmental Services Vacuum Excavation for Monitoring Wells/Soil Samples when requirements dictate vacuum or hand digging down 8 feet to 10 feet prior to drilling. (3 "-4" in diameter, 8' to 10' deep, concrete/asphalt removed if necessary) I - 9 Monitoring Wells/Soil Samples $283.00 / each 10 - 19 Monitoring Wells/Soil Samples $227.00 / each 20 - 49 Monitoring Wells/Soil Samples $170.00 / each An hourly rate of $323.00 will be used for all exploratory excavation projects. Larger excavation projects which require specialized equipment (shoring, de -watering, etc.) will be quoted on a task by task basis. Utility Coordination Services Senior Utility Coordinator $130.00 / per hour Utility Coordinator $97.00 / per hour CAD Technician $86.00 / per hour Survey Services for Utility Projects Project Manager/Professional Surveyor and Mapper $130.00 / per hour Two Person Survey Field Team $130.00 / per hour Three Person 'Survey Field Team $164 00 / per hour Clerical $58.00 / per hour Concrete Radar Mapping/Imaging (concrete assessment/inspection, grid scans, density & debris assessment) I Man Crew $210.00 / per hour Closed Circuit Televising (CCN) Services (will be quoted on a task by task basis per requirements) Maintenance of Traffic (MOT) If required MOT specialist will be contracted and cost for same will be passed on with a 10% mark-up for coordination of same SSMC MOT Lane Closures Per Lane Closure $594.00 /per day Per Lane Closure $792.00 / per night �wr In��ti 1 ACORU0 C40 CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) F9/14/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Gentry Insurance Agency 175 East Main Street PO BOX 2046 APOPKA FL 32704-2046 CONTACT NAME: Amanda Bonventre PHONE(407)886-3301 FAX, X No: (407)886-9530 ADDR�ESS:amanda@gentryins.com INSURER(S) AFFORDING COVERAGE NAIC9 INSURER Phoenix Insurance Company 25623 .INSURED Southeastern Surveying and Mapping Corporation 6500 All American Blvd Orlando FL 32810 INSURERB:The Travelers Indemnity Company 25658 INSURER Cildmlral Insurance Company 24856 INSURER D: INSURER E: 1 INSURER F COVERAGES CERTIFICATE NUMBER:2016 Prof Update REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF MM/D POLICY EXP MMM LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS -MADE � OCCUR DAMAGE TO RENTEU— PREMISES Ea occurranoe $ 300,000 MED EXP (Any one person) $ 5,000 X 6807450P540 4/24/2016 4/24/2017 PERSONAL&ADV INJURY $ 1.,000,000 GEMLAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY � ECT F—] LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident BODILY INJURY (Per person) $ A X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X BA418M5952 4/24/2016 4/24/2017 BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident X HIRED AUTOS X NON -OWNED AUTOS $ X UMBRELLA UAB JX OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 B -EXCESS LIAB CLAIMS -MADE COP711022090 4/24/2016 4/24/2017 DED I X I RETENTION$ 10,000 $ A WORKERS COMPENSATION AND AND EMPLOYERS' LIABILITY YIN ANY OFFlCER/MEMBEOR/EXCLUERIE EC�� N❑ (Mandatory In NH) N/A DB3742T340 6/25/2016 6/25/2017 RTH- X PERTH- STATUTE ER E.LEACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 C Professional Liability 80000035004-01 9/19/2016 9/19/2017 Each Claim $2,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached H more space Is required) RE: Master Agreement for Annual Professional Surveying and Mapping Services IRC Project No. 1605 Indian River County is included as additional insured as respects General Liability and Auto Liability on a primary and non-contributory basis per contract. 30 day notice of cancellation applies. dschryver@ircgov.com Indian River County 1801 27th Street Vero Beach, FL 32960-3388 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Liebknecht/AMANDA C 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS025 r7n1401i 140 Additional Named Insureds Other Named Insureds GARY B. & THERESA M. KRICK REVOCABLE TRUST AND JA Insured Multiple Names GARY B. & THERESA M. KRICK REVOCABLE TRUST AND JA Insured Multiple Names GARY B. & THERESA M. KRICK REVOCABLE TRUST, THOMA Insured Multiple Names K. MEAD AND JAMES L. PETERSEN (1130 HWY 90 CHIPLE Insured Multiple Names MAPPING CORP. Insured Multiple Names MES Insured Multiple Names MES L. PET Insured Multiple Names PETERSEN (6500 ALL AMERICAN BLVD ORLANDO) Insured Multiple Names S Insured Multiple Names SOUTHEASTERN SURVEYING & Insured Multiple Names Y)% Insured Multiple Names OFAPPINF (02/2007) COPYRIGHT 2007, ANIS SERVICES INC 141 ADDITIONAL COVERAGES Ref # I Description Employee Benefits Coverage Code EBLIA Form No. Edition Date Limit 1 1,000,000 Limit 2 Limit 3 Deductible Amount Deductible Type Premium $538.00 Ref # Description Additional Insured Coverage Code ADDIN Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Teductible Type Premium $20.00 Ref # Description Medical payments Coverage Code MEDPM Form No. Edition Date Limit 1 2,000 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Umbrella(C) Coverage Code CUMBR Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium $16,681.00 ' Ref # Description Products/Completed Ops Aggregate Coverage Code PRDCO Form No. Edition Date Limit 1 5,000,000 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # I Description General Aggregate Coverage Code GENAG Form No. Edition Date Limit 1 5,000,000 Limit 2Limit 3 Deductible Amount Deductible Type Premium Ref # I Description Personal & Advertising Injury Coverage Code PIADV Form No. Edition Date Limit 1Limit 5,000,000 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Adjst. to reconcile-exp mod. premium Coverage Code AREM Form No. Edition Date Limit 1 Limit 2 Limit 3 TDeductible Amount Deductible Type Premium Ref # Description Schedule rate adjustment Coverage Code SRA Form No. Edition Date Limit 1 it 2 Limit 3 Deductible Amount Deductible Type Premium -$3,099.00 Ref # Description Premium discount Coverage Code PDIS Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium -$39.00 Ref # Description Adjst. to reconcile-exp mod. premium Coverage Code AREM Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium [OFADTLCV Copyright 2001, AMS Services, Inc. 142 ADDITIONAL COVERAGES Ref # Description Increased employer's liability Coverage Code I INEL Form No. Edition Date Limit 1 Limit 2 Limit 3Deductible Amount Deductible Type Premium $848.00 Ref # Description Premium discount Coverage Code PDIS Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium -$7,202.00 Ref # Description Expense constant Coverage Code EXCNT Form No.Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium $200.00 Ref # Description Increased employer's liability Coverage Code INEL Form No. Edition Data Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium $8.00 Ref # Description Coverage Code Form No. Edition Data Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Tedu ctible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Data Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 I Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref # Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium OFADTLCV Copyright 2001, AMS Services, Inc. 143 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT PROFESSIONAL SURVEYING & MAPPING SERVICES MASTER AGREEMENT FOR ANNUAL PROFESSIONAL SURVEYING & MAPPING SERVICES - IRC PROJECT NO. 1605 THIS AGREEMENT, entered into this day of , 2016, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY", and MORGAN & EKLUND, INC., hereinafter referred to as the "SURVEYOR". WITNESSETH That the COUNTY and the SURVEYOR, in consideration of their mutual covenants, herein agree with respect to the performance of professional surveying and mapping services by the SURVEYOR, and the payment for those services by the COUNTY, as set forth below and in individual Work Orders. This agreement shall be referred to as the "MASTER AGREEMENT" under which future Work Orders will apply. The_._SURVEY_OR__shall- provide --the COUNTY_ with_ professional _suryey_ing and mapping services and such other related services as defined in specific Work Orders, in all phases of each project. The SURVEYOR shall serve as the COUNTY's professional representative for the project as set forth in each Work Order, and shall give surveying and mapping services advice to the COUNTY during the performance of the services to be rendered. SECTION I — PROJECT LIMITS ' Project limits shall be identified in individual Work Orders prepared by the COUNTY and approved by the SURVEYOR. Each Work Order will be sequentially j numbered and formally approved by the COUNTY prior to a Notice -to -Proceed being issued. Purchase Orders may be issued by the COUNTY and approved through the MUNIS system for proposed services that total less than $15,000.00. For proposed services $15,000.00 and over, Work Orders shall be issued and approved by the Indian River County Board of County Commissioners. Basic services required of the SURVEYOR for the project will be described in other appropriate sections of this Agreement and in individual Work Orders. SECTION II — COUNTY OBLIGATIONS The COUNTY agrees to provide the following material, data, or services as required in connection with the work to be performed under this Agreement: A. Provide the SURVEYOR with a copy of any pertinent preliminary data or reports available to the COUNTY. B. Provide the SURVEYOR with all reasonably available drawings, surveys, right-of-way maps, and other documents in the possession of the COUNTY that are pertinent to the project. C. The COUNTY shall be responsible for obtaining only those permits required to perform the work to complete the project, if such permit F:\Publlc Works\ENGINEERING DIVISION PROJECTSM 605 IRC Annual 2016 Professional Survey Services ContractlAdmin12016-2016 Agreements\Master Agreement - Morgan and Eldund.doc Page 1 of 9 144 requirements are made into law and established by regulatory agencies after the effective date of the Work Order. D. The COUNTY shall make all provisions for the SURVEYOR to enter upon public or private property subsequent to initial provisions performed by the SURVEYOR and as reasonably required for the.SURVEYOR to perform his services. E. The COUNTY shall provide all title information and title opinion relating to land acquisition as applicable. F. The COUNTY shall provide property appraisal information for areas of potential acquisition as applicable. G. The COUNTY shall supply the SURVEYOR with copies of all applicable local codes and regulations. SECTION III — SCOPE OF SERVICES The SURVEYOR agrees to perform all necessary professional surveying and mapping services and other pertinent services in connection with the assigned project as required and as set forth in the following: 1. The SURVEYOR will endeavor not to duplicate any previous work done on any project. Before issuance of a Work Order and written authorization to proceed, the SURVEYOR shall consult with the - - - --- - COUNTY to clarify -and define-the-COUNTY's requirements for -the -- - - project and review all available data. 2. The SURVEYOR shall attend conferences with the COUNTY and its representatives, upon request. 3. In order to accomplish the work described under this Agreement under the time frames and conditions set forth in this Agreement, the SURVEYOR shall: a. Complete work on the project within the time allowed by maintaining an adequate staff of registered Surveyors and Mappers, GIS Professionals, Cadd operators, Survey Technicians and other employees on the work at all times. b. Comply with all federal, state, and local laws applicable to this project(s). The SURVEYOR'S work product shall conform with all applicable federal, state and local laws applicable to this project(s). C. The SURVEYOR shall cooperate fully with the COUNTY in order that all phases of the work may be properly scheduled and coordinated. d. The SURVEYOR shall contact the Sunshine State One Call of Florida ("SSOCOF') to locate the utilities, and ! SURVEYOR shall be entitled to rely on information provided by SSOCOF. SURVEYOR shall survey all above -ground structures, and utilities on the final plans. e. The SURVEYOR understands that certain County AutoCAD (Drawing) standards are being adopted; said standards shall be defined in individual work orders. f. The SURVEYOR shall report the status of the project to the County Surveyor upon request and hold all drawings, electronic files, calculations, and related work open to the F:1Public WorksIENGINEERING DNISION PROJECTS\16051RC Annual 2016 Professional Survey Services ContraaL4dmin\2016-201e AgreementsXMasterAgreemeM- Morgan and EMund.doc Page 2 of 9 145 inspection of the COUNTY at any time, upon reasonable request. 4. Subject to the terms of Section X herein, all documents items furnished to the SURVEYOR by the COUNTY pursuant to this Agreement, are and shall remain the property of the COUNTY, and shall be delivered to the COUNTY upon completion of the work. 5. All items prepared by the SURVEYOR shall be created, maintained, and provided in the format as specified by the COUNTY in each individual Work Order. 6. Compensation to the SURVEYOR for basic services shall be in accordance with each Work Order, as mutually agreed upon by the SURVEYOR and the COUNTY. Current fee schedule is included in "Exhibit A" attached, and will be included as part of each Work Order when approved. SECTION IV — TIME FOR COMPLETION The time for completion of each project shall be defined in the Work Order. SECTION V — COMPENSATION The COUNTY agrees to pay, and the SURVEYOR agrees to accept, for services rendered pursuant to this Agreement, fees in accordance with the following: A. - Professional Services Fee-- The -basic compensation shall be mutually — - - - agreed upon by the SURVEYOR and the COUNTY prior to issuance of each Work Order, and the amount shall be included in the Work Order to be formally approved by the Board of County Commissioners. B. Direct Payment for Certain Services - The COUNTY will not pay for services or goods provided by others working in conjunction with the SURVEYOR, as follows: 1. Printing and Reproduction: The COUNTY shall make direct payment to the SURVEYOR for the cost of additional blueprints. The maximum cost allowed per blueprint, utilized shall be set forth in the Work Order. 2. Concrete Monuments 3. Others — as defined in individual Work Orders. SECTION VI — ADDITIONAL SERVICE WORK Additional service work occurs when the COUNTY requests changes after it has formally approved this Agreement. Additional service work shall not commence until a Work Order for the additional work has been formally issued by the County Surveyor or his designee, and formally approved by the Board of County Commissioners, or the County Administrator and the additional service work shall be performed in accordance with the fee schedule set forth in that Work Order. SECTION VII — CHANGE IN THE PROJECT SCOPE AFTER A WORK ORDER HAS BEEN EXECUTED If the project scope is changed after a Work Order has been executed, such work shall be the subject of a Supplemental Work Order formally approved by the Board of County Commissioners or the County Administrator pursuant to his delegated authority. FAPublic Works\ENGINEERING DIVISION PROJECTS\1605 IRC Annual 2016 Professional Survey Services Contract\Admin\2016-2018 Agreements\Master Agreement - Morgan and Eklund.doc Page 3 of 9 I I X46 SECTION VIII — PAYMENTS The COUNTY shall make monthly partial payments Pursuant to Florida Prompt Payment Act (F.S. 218.70) to the SURVEYOR as provided by in the Work Order. A ten percent (10%) retainage shall be withheld by the COUNTY on all Work Orders until all of the SURVEYORS work is completely accepted by the COUNTY. Unless otherwise stated in the Work Order, the SURVEYOR shall submit duly certified invoices in duplicate no more than once monthly to the County Surveyor. The Agreement shall be divided into units of deliverables, which shall include, but not be limited to, reports, findings, drawings, recommendations, and drafts, that must be received and accepted in writing by the County Surveyor, prior to payment. SECTION IX — RIGHT OF DECISIONS All services shall be performed by the SURVEYOR to the satisfaction of the County Surveyor who shall decide all questions, difficulties, and disputes of whatever nature that may arise under or by reason of this Agreement, according to the prosecution and fulfillment of the service hereunder, and the character, quality, amount and value thereof. The COUNTY's decision upon all claims, questions, and disputes shall be final, conclusive, and binding upon the parties hereto, unless such determination is clearly arbitrary or unreasonable. Adjustments of compensation and contract time because of any major changes in the work that might become necessary or be deemed desirable as the work progresses -shall -be -reviewed -by -the County Surveyor If -the -SURVEYOR -does not- ---- — concur in the judgment of the County Surveyor as to any decisions made by him or her, ,it shall present its written objections to the County Engineer, Public Works Director and subsequently the Administrator of Indian River County, who shall make a decision, and the SURVEYOR shall abide by the County Administrator's decision, unless the decision is clearly arbitrary or unreasonable. SECTION X — OWNERSHIP AND REUSE OF DOCUMENTS A. Ownership and Copyright: Ownership and copyright of all reports, tracings, plans, electronic files, specifications, field books, survey information, maps, contract documents, and other data developed by the SURVEYOR pursuant to this Agreement, shall be vested in the COUNTY. Said materials shall be made available to the COUNTY by the SURVEYOR at any time upon request of the COUNTY. On or before the tenth day after all work contemplated under this Agreement is complete, all of the above materials shall be delivered to the County Surveyor. B. Reuse of Documents: All documents, including but not limited to reports, drawings and specifications, prepared or performed by the SURVEYOR pursuant to this Agreement, are related exclusively to the services described herein. They are not intended or represented to be suitable for reuse by the COUNTY or others on extensions of this project or on any other project. The COUNTY's reuse of any document or drawing shall be at the COUNTY's own risk. The COUNTY shall not hold the SURVEYOR liable for any misuse by others. SECTION XI — NOTICES Any notices, reports or other written communications from the SURVEYOR to the COUNTY shall be considered delivered when posted by certified mail or delivered in person to the County Surveyor. Any notices, reports or other communications from the FAPublic Works\ENGINEERING DIVISION PROJECTS\1605 IRC Annual 2016 Professional Survey Services Contrad\Admin\20162016 Agreements\Masier Agreement - Morgan and Eklund doe Page 4 of 9 147 COUNTY to the SURVEYOR, shall be considered delivered when posted by certified mail to the SURVEYOR at the last address left on file with the COUNTY or delivered in- person to said SURVEYOR or its authorized representative. SECTION XII — TERMINATION Either party may terminate this Agreement upon seven (7) days written notice to the other party, except if the SURVEYOR terminates this Agreement, such termination shall not be effective, absent the COUNTY's consent, until the SURVEYOR'S completion to the COUNTY's satisfaction, of any pending Work Order. SECTION XIII — SURVEYOR'S PERSONNEL ASSIGNED TO THE PROJECT The COUNTY shall have the right of approval of all SURVEYOR's personnel assigned to any COUNTY project. Therefore, any subsequent changing of assigned personnel to any COUNTY project shall also be subject to COUNTY approval. Failure to adhere to this policy shall be considered a cause for contract termination. SECTION XIV — AUDIT RIGHTS The COUNTY reserves the right to audit the project records of the SURVEYOR related to this Agreement at any time during the prosecution of the work included herein and for a period of three years after final payment is made. SECTION XV — SUBLETTING The SURVEYOR shall not sublet, assign, or transfer any work under this Agreement without the written consent of the COUNTY. When applicable and upon receipt of such consent in writing, the SURVEYOR shall cause the names of the Professional Surveying and Mapping firms responsible for the major portions of each separate specialty of the work to be inserted on the reports or other data. SECTION XVI — WARRANTY The SURVEYOR warrants that it has not employed or retained any company or person other than a bona fide employee working solely for the SURVEYOR, to solicit or secure this Agreement, and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the SURVEYOR any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the SURVEYOR'S breach of violation of this warranty, the COUNTY shall have the right to annul this Agreement without liability. SECTION XVII — DURATION OF AGREEMENT This Agreement shall remain in full force and effect for a period of two years after the date of execution thereof, or until completion of all project phases as defined by the County Surveyor (or Designee), whichever occurs first, or unless otherwise terminated by mutual consent of the parties hereto, or terminated pursuant to Section XII — "Termination." This Agreement may be extended for two additional two year increments at the discretion of the COUNTY. -SECTION XVIII — INSURANCE During the performance of the work covered by this Agreement, the SURVEYOR shall provide the COUNTY with evidence that the SURVEYOR has obtained and maintains the insurance listed in the Agreement. RAPublic WorksTNGINEERING OMSION PROJECTS11605 IRC Annual 2016 Professional Survey Services Contraat\Admin1201rr2016 AgreementslMasterAgreement - Morgan and Eklund.doc ' Page 5 of 9 148 1. SURVEYOR shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the SURVEYOR, its agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the SURVEYOR's fees. 2. Minimum Scope of Insurance Lor fees less than $500,000): A. Worker's Compensation as required by the State of Florida. Employers Liability of $100,000 each accident, $500,000 disease policy limit, and $100,000 disease each employee. B. General Liability $1,000,000 combined single limit per accident for bodily injury and property damage. Coverage shall include premises/operations, products/completed operations, contractual liability, and independent contractors. COUNTY shall be named an "Additional Insured" on the certificate of insurance. C. Auto Liability $500,000 combined single limit per accident for bodily injury and property damage. Coverage shall include owned vehicles, hired vehicles, and non -owned -vehicles. COUNTY shall -be named an "Additional Insured" on the certificate of insurance. D. Professional Liability Insurance providing coverage for negligent acts, errors, or omissions committed by SURVEYOR with a $500,000 per claim/annual aggregate. This insurance shall extend coverage to loss of interest, earning, profit, use and business interruption, cost of replacement power, and other special, indirect, and consequential damages. 3. SURVEYOR's insurance coverage shall be primary. 4. All above insurance policies shall be placed with insurers with a Best's rating of no less that A -VII. The insurer chosen shall also be licensed to do business in Florida. 5. The insurance policies procured, other than professional liability, shall be occurrence forms, not claims made policies. Professional liability shall be on a claims -made basis. 6. The insurance companies chosen shall provide certificates of insurance prior to signing of contracts, to the Indian River County Risk Management Department. 7. Each insurance company shall provide the Indian River County Risk Management Department with a certificate of insurance that states that the insurance company will provide 30 days notice to the Risk Management Department, of its intent to modify or cancel said policies of insurance. Such notice shall be in writing by registered mail, return receipt requested, and addressed to the Risk Manager of the Risk Management Department. 8. The SURVEYOR shall include all sub -contractors as insured under its policies or shall furnish separate certificates and endorsements for each FAPublic Works\ENGINEERING DIVISION PROJECTS\1605 IRC Annual 2016 Professional Survey Services ContracAAdmin\2016-2018 AgreamentsWaster Agreanent- I Morgan and Eklund.doc Page 6 of 9 149 subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 9. Any deductibles or self-insured retentions greater than $5,000 must be approved by the Risk Manager for Indian River County with the ultimate responsibility for same going to the SURVEYOR. SECTION XIX - INDEMNIFICATION SURVEYOR hereby agrees to indemnify, and hold harmless, the COUNTY, and the COUNTY's officers, employees and agents, from and against any and all claims from liabilities, damages, losses, costs, third party claims, judgments, and expense to persons or property, including reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of SURVEYOR, or of SURVEYOR's officers, employees, or agents, and SURVEYOR shall indemnify the COUNTY against any such claims and any judgments that may be entered in connection therewith, including reasonable attorneys' fees. SECTION XX — SAFETY SURVEYOR is solely responsible for the safety of its employees and others arising from SURVEYOR's operations. All projects shall follow proper safety procedures referencing the Florida Department of Transportation Safety Standards for Surveyors and as any job site safety. However, in accordance -with generally accepted practices, the SURVEYOR may report any observed job site safety violations by others to the COUNTY. SECTION XXI — CHOICE OF LAW AND VENUE This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. SECTION XXII — ENTIRETY OF AGREEMENT This writing embodies the entire Agreement and understanding between the parties hereto, and there are no other Agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by both parties hereto. SECTION XXIII - SEVERABILITY If any provision, section, or paragraph of this agreement is determined by a court of competent jurisdiction to be void, illegal, or unenforceable, the remaining portions not found to be void, illegal, or unenforceable, shall remain in full force and effect. SECTION XXIV — PUBLIC RECORDS COMPLIANCE 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. F:\Public WorksTNGINEERING DIVISION PROJECTS\1605 IRC Annual 2016 Professional Survey Services ContracMdmin\2016-2016 AgreementsWlaslerAgreement- Morgan and Eklund.doc Page 7 of 9 150 (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. 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 1801 27th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. SECTION XXV - PROHIBITION AGAINST CONTINGENT FEES The registered surveyor and mapper warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the registered surveyor and mapper to solicit or secure this agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the registered surveyor and mapper any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this agreement." For the breach or violation of this provision, the agency shall have the right to terminate the 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. F.%Publlc WpWSENGINEERING OMSION PROJECTS11605 IRC Amud 2016 Profe"onal Survey Services Contac6Adm1n12016,2016 AgreementsWaster Agreement - Morgan end Eldund.doc Page 8 of 9 151 IN WITNESS WHEREOF the parties hereto have executed these presents this day of , 2016. MORGAN &EKLUND, INC. 99-1 • WITNESS: BY: NAM E: C�5,2i5m�,o.J INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Bob Solari, Chairman Board of County Commissioners Approved by the BCC: ATTEST: Jeffrey R. Smith Clerk of Court & Comptroller DEPUTY CLERK OF COURT J son E. Brown COUN INISTRATOR /a/", oe Dylan Reingold ' COUNTY ATTORNEY FAPublic Works\ENGINEERING DIVISION PROJECTS11605 IRC Annual 2016 Professional Survey Services ContradlAdmin=16-2016 AgreementsWaster Agreement - Morgan and EMund.doc Page 9 of 9 MORGAN & EKLUND, INC. PROFESSIONAL SURVEY CONSULTANTS Morgan & Eklund, Inc. Exhibit "A" Fee Schedule I October 1, 2016 to September 30, 2018 Rates for Indian River County Office Personnel: Chief Surveyor/PSM 1 Project SurveyorodappgicF SM $ 95/hr. Field Operations Supervisor $75/hr. Senior Survey Computer Technician (CAD/ Processing) 05/hr. Survey Technician (CAD / Processing) $65/hr. Geodetic Processing $85A Administrative Assistant (Research — Clerical) $40/hr. Field Personnel: Supervisor $50/hr. Three Man Survey Crew $125/hr. ------- --- --- Two Man Survey Crew $95/hr. Three Man GPS Crew (RTK/GPS) $165.. '1' 6 5- /hr. Two Man GPS Crew (RTK-/GPS) $135/hr. GIS Data Collection (DGPS with Data Collector $130/hr. Specialized Survey Equipment: 26' Parker Survey Boat Leica NA 3 003 Digital Level Additional GPS Receivers Trimble DGPS Digital Fathometer Motion Compensator Hypack Navigation Software & Computer Submersible Tide Gauge Polaris 6 WD Beach Vehicle $450/day $55/day $200 per receiver per day $300/day $85/day $200./day $50/day -$50/day , $75/day ---. - -1 --:)S.com 7:72) 388-3 P65 - jmorga organeklund.com - pvout org eklund.com 153 7/� 8745 U.S. HIGHWAY 1, P O. BOX 701420, WABASSO, FL 32970-1420 * PHONE: (772) 388-5364 - 1159 SW I -t WAY, DEERFIELD BEACH, FL 33441 * PHONE: (954) 421-6882 - FAX: (954) 421 Client#: 1252428 MORGAEKL1 ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 9/06/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER USI Ins SVCS, CL Vero Beach 2045 14th Ave. Vero Beach, FL 32960 772 562-3369 NAME: CONTACT Kristi Cook PHONE Ell: 772.469-2840 a/c No E-MAIL ss: kristi.cook@usi.biz INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Travelers Property Cas. Co. of 25674 INSURED Morgan & Eklund, Inc. P.O. Box 1420 INSURER B: Travelers Indemnity Company 25658 INSURER C: Continental Casualty Company 20443 INSURER D Wabasso, FL 32970-1420 INSURER E: INSURER F: RENTED aEocccuErrrence $100,000 PREMISES E. CUVEKA(iES CERTIFICATE NUMBER: RFVISI0N NI IMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE NDDLSUBR R WVD POLICY NUMBER MM/DDY EFF POLICYEXP LIMITS A X COMMERCIAL GENERAL LIABILITY X 6607D101477TIL15 0/25/2015 10125/201E EACH OCCURRENCE$1 000 000 CLAIMS -MADE OCCUR RENTED aEocccuErrrence $100,000 PREMISES E. MED EXP (Any one person) $6,000 PERSONAL 8 ADV INJURY $110001000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $2,000,000 X POLICY ECOT LOC PRODUCTS -COMP/OP AGG $ 2,000 000 OTHER: $ B AUTOMOBILE LIABILITY BA7D08776715GRP 10/25/2015 COMBINED 10/25/201 COMBINED SINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY Per accident $ ( ) X NON -OWNED HIRED AUTOS X PROPERTY DAMAGE $ AUTOS Pera.dent $ B X UMBRELLA LIAB X OCCUR CUP7D17441A1547 10/25/2015 10/25/201 EACH OCCURRENCE s3,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE s3,000,000 DED X RETENTION $10000 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNEWEXECUTIVE OFFICERIMEMBER EXCLUDED? El N / A E.L. EACH ACCIDENT $ (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ C Professional Liab LSHOO6163878 10/25/2015 10/25/201 1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) This Certificate is issued for insured operations usual to a Professional Surveyor. Certificate Holder is an Additional Insured in regards to the General Liability Indian River County 1801 27th St. Building A Vero Beach, FL 32960 ACORD 25 (2014/01) 1 of 1 #S18542549/M16575704 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE &411"1114 ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD KXCEX 154 S011123 CERTIFICATE OF LIABILITY INSURANCE DATE9/2/20D/YYYY) 9/2/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Commercial Lines Wells Fargo Insurance Services USA, Inc. 6100 Fairview Road Charlotte, NC 28210 CONTACT NAME: PHOWC_NENo. 888-572-2412 FAX (AIC. No E-MAIL ADDRESS: certs@tdnet.com INSURERS AFFORDING COVERAGE NAIC p INSURER A: Indemnity Insurance Company of North America 43575 INSURED Strategic Outsourcing, Inc. PO Box 241448 INSURER B: _INSURERC: INSURER D, Charlotte, NC 28224 INSURER E: RE: Morgan & Eklund, Inc. INSURER F: COVERAGES CERTIFICATE NUMBER: 10821370 RFVISIC)N NI IMRFR• Ree helnw THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 71OCCUR EACH OCCURRENCE $ DAMAGE TO RENTEU_ PREMISES fEa occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: PRO - POLICY JECT F—]LOCPRODUCTS OTHER: GENERAL AGGREGATE $ - COMP/OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY COMBINED SINGLE LIMIT $ Ea .cadent BODILY INJURY (Per person) $ BODILY INJURY Per accident ( ) $ PROPERTY DAMAGE Per accident $ UMBRELLA LIAB EXCESS LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION$ $ A WORKERS COMPENSATION YIN AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/M(Mandatory In EREXCLUDED? C (Mandatory In NH) Hs describe under DESCRIPTION OF OPERATIONS below N / A WLRC48767230 03/01/2016 03/01/2017 PER x STATUTE ERH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1.000,000 E.L. DISEASE - POLICY LIMIT $ 1000 000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached H more space Is required) Workers' Compensation Insurance is limited to employees of Morgan & Eklund, Inc. through a co -employment contract with Strategic Outsourcing, Inc. &�v Indian River County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1801 27th Street, Building A THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN g ACCORDANCE WITH THE POLICY PROVISIONS. Vero Beach, FL 32960 AUTHORIZED REPRESENTATIVE The ACORD name and logo are registered marks of ACORD ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) 155 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT PROFESSIONAL SURVEYING & MAPPING SERVICES MASTER AGREEMENT FOR ANNUAL PROFESSIONAL SURVEYING & MAPPING SERVICES — IRC PROJECT NO. 1605 THIS AGREEMENT, entered into this day of , 2016, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY", and KIMLEY-HORN & ASSOCIATES, INC., hereinafter referred to as the "SURVEYOR". WITNESSETH That the COUNTY and the SURVEYOR, in consideration of their mutual covenants, herein agree with respect to the performance of professional surveying and mapping services by the SURVEYOR, and the payment for those services by the COUNTY, as set forth below and in individual Work Orders. This agreement shall be referred to as the "MASTER AGREEMENT' under which future Work Orders will apply. The SURVEYOR shall provide the COUNTY with professional surveying and mapping services and such other related services as defined in specific Work Orders, in all phases of each project. The SURVEYOR shall serve as the COUNTY's professional representative for the project as set forth in each Work Order, and shall give surveying and mapping services advice to the COUNTY during the performance of the services to be rendered. SECTION I — PROJECT LIMITS Project limits shall be identified in individual Work Orders prepared by the COUNTY and approved by the SURVEYOR. Each Work Order will be sequentially numbered and formally approved by the COUNTY prior to a Notice -to -Proceed being issued. Purchase Orders may be issued by the COUNTY and approved through the MUNIS system for proposed services that total less than $15,000.00. For proposed services $15,000.00 and over, Work Orders shall be issued and approved by the Indian River County Board of County Commissioners. Basic services required of the SURVEYOR for the project will be described in other appropriate sections of this Agreement and in individual Work Orders. SECTION 11— COUNTY OBLIGATIONS The COUNTY agrees to provide the following material, data, or services as required in connection with the work to be performed under this Agreement: A. Provide the SURVEYOR with a copy of any pertinent preliminary data or reports available to the COUNTY. B. Provide the SURVEYOR with all reasonably available drawings, surveys, right-of-way maps, and other documents in the possession of the COUNTY that are pertinent to the project. C. The COUNTY shall be responsible for obtaining only those permits required to perform the work to complete the project, if such permit FftbIic Works%ENGINEERING DIVISION PROJECM1605 IRC Annual 2016 Professional Survey Services ContreceAdmin12016-2018 AgreemenlsWaster Agreement - Vimley-4-lom.doc Page 1 of 9 requirements are made into law and established by regulatory agencies after the effective date of the Work Order. D. The COUNTY shall make all provisions for the SURVEYOR to enter upon public or private property subsequent to initial provisions performed by the SURVEYOR and as reasonably required for the SURVEYOR to perform his services. E. The COUNTY shall provide all title information and title opinion relating to land acquisition as applicable. F. The COUNTY shall provide property appraisal information for areas of potential acquisition as applicable. G. The COUNTY shall supply the SURVEYOR with copies of all applicable local codes and regulations. SECTION III — SCOPE OF SERVICES The SURVEYOR agrees to perform all necessary professional surveying and mapping services and other pertinent services in connection with the assigned project as required and as set forth in the following: 1. The SURVEYOR will endeavor not to duplicate any previous work done on any project. Before issuance of a Work Order and written authorization to proceed, the SURVEYOR shall consult with the COUNTY to clarify and define the COUNTY's requirements for the project and review all available data. 2. The SURVEYOR shall attend conferences with the COUNTY and its representatives, upon request. 3. In order to accomplish the work described under this Agreement under the time frames and conditions set forth in this Agreement, the SURVEYOR shall: a. Complete work on the project within the time allowed by maintaining an adequate staff of registered Surveyors and Mappers, GIS Professionals, Cadd operators, Survey Technicians and other employees on the work at all times. b. Comply with all federal, state, and local laws applicable to this project(s). The SURVEYOR'S work product shall conform with all applicable federal, state and local laws applicable to this project(s). C. The SURVEYOR shall cooperate fully with the COUNTY in order that all phases of the work may be properly scheduled and coordinated. d. The SURVEYOR shall contact the Sunshine State One Call of Florida ("SSOCOF") to locate the utilities, and SURVEYOR shall be entitled to rely on information provided by SSOCOF. SURVEYOR shall survey all above -ground structures, and utilities on the final plans. e. The SURVEYOR understands that certain County AutoCAD (Drawing) standards are being adopted; said standards shall be defined in individual work orders. f. The SURVEYOR shall report the status of the project to the County Surveyor upon request and hold all drawings, electronic files, calculations, and related work open to the F:\Public Works\ENGINEERING DIVISION PROJECTS\1605 IRC Annual 2D16 Professional Survey Services ContradlAdmin\2016-2018 AgreementsWlesterAgreemem - 10mley-Hom.doc Page 2 of 9 157 inspection of the COUNTY at any time, upon reasonable request. 4. Subject to the terms of Section X herein, all documents items furnished to the SURVEYOR by the COUNTY pursuant to this Agreement, are and shall remain the property of the COUNTY, and shall be delivered to the COUNTY upon completion of the work. 5. All items prepared by the SURVEYOR shall be created, maintained, and provided in the format as specified by the COUNTY in each individual Work Order. 6. Compensation to the SURVEYOR for basic services shall be in accordance with each Work Order, as mutually agreed upon by the SURVEYOR and the COUNTY. Current fee schedule is included in "Exhibit A" attached, and will be included as part of each Work Order when approved. SECTION IV — TIME FOR COMPLETION The time for completion of each project shall be defined in the Work Order. SECTION V — COMPENSATION The COUNTY agrees to pay, and the SURVEYOR agrees to accept, for services rendered pursuant to this Agreement, fees in accordance with the following: -A. Professional Services fee - The basic -compensation -shall be -mutually - - - agreed upon by the SURVEYOR and the COUNTY prior to issuance of each Work Order, and the amount shall be included in the Work Order to be formally approved by the Board of County Commissioners. B. Direct Payment for Certain Services - The COUNTY will not pay for services or goods provided by others working in conjunction with the SURVEYOR, as follows: 1. Printing and Reproduction: The COUNTY shall make direct payment to the SURVEYOR for the cost of additional blueprints. The maximum cost allowed per blueprint, utilized shall be set forth in the Work Order. 2. Concrete Monuments 3. Others — as defined in individual Work Orders. SECTION VI — ADDITIONAL SERVICE WORK Additional service work occurs when the COUNTY requests changes after it has formally approved this Agreement. Additional service work shall not commence until a Work Order for the additional work has been formally issued by the County Surveyor or his designee, and formally approved by the Board of County Commissioners, or the County Administrator and the additional service work shall be performed in accordance with the fee schedule set forth in that Work Order. SECTION VII — CHANGE IN THE PROJECT SCOPE AFTER A WORK ORDER HAS BEEN EXECUTED If the project scope is changed after a Work Order has been executed, such work shall be the subject of a Supplemental Work Order formally approved by the Board of County Commissioners or the County Administrator pursuant to his delegated authority. F:\Public Works\ENGINEERING DIVISION PROJECTS116D5 IRC Annual 2016 Professional Survey Services ContractlAdmin12016-201B Agreements\Nlaster Agreement - Klmley-Fbrn.doc Page 3 of 9 15'8 SECTION VIII - PAYMENTS The COUNTY shall make monthly partial payments Pursuant to Florida Prompt Payment Act (F.S. 218.70) to the SURVEYOR as provided by in the Work Order. A ten percent (10%) retainage shall be withheld by the COUNTY on all Work Orders until all of the SURVEYORS work is completely accepted by the COUNTY. Unless otherwise stated in the Work Order, the SURVEYOR shall submit duly certified invoices in duplicate no more than once monthly to the County Surveyor. The Agreement shall be divided into units of deliverables, which shall include, but not be limited to, reports, findings, drawings, recommendations, and drafts, that must be received and accepted in writing by the County Surveyor, prior to payment. SECTION IX - RIGHT OF DECISIONS All services shall be performed by the SURVEYOR to the satisfaction of the County Surveyor who shall decide all questions, difficulties, and disputes of whatever nature that may arise under or by reason of this Agreement, according to the prosecution and fulfillment of the service hereunder, and the character, quality, amount and value thereof. The COUNTY's decision upon all claims, questions, and disputes shall be final, conclusive, and binding upon the parties hereto, unless such determination is clearly arbitrary or unreasonable. Adjustments of compensation and contract time because of any major changes in the work that might become necessary or be deemed desirable as the work - --progresses-shall be -reviewed -by the -County -Surveyor. -If the--SURVEYOR-does- not------- - concur in the judgment of the County Surveyor as to any decisions made by him or her, it shall present its written objections to the County Engineer, Public Works Director and subsequently the Administrator of Indian River County, who shall make a decision, and the SURVEYOR shall abide by the County Administrator's decision, unless the decision is clearly arbitrary or unreasonable. SECTION X - OWNERSHIP AND REUSE OF DOCUMENTS A. Ownership and Copyright: Ownership and copyright of all reports, tracings, plans, electronic files, specifications, field books, survey information, maps, contract documents, and other data developed by the SURVEYOR pursuant to this Agreement, shall be vested in the COUNTY. Said materials shall be made available to the COUNTY by the SURVEYOR at any time upon request of the COUNTY. On or before the tenth day after all work contemplated under this Agreement is complete, all of the above materials shall be delivered to the County Surveyor. B. Reuse of Documents: All documents, including but not limited to reports, drawings and specifications, prepared or performed by the SURVEYOR pursuant to this Agreement, are related exclusively to the services described herein. They are not intended or represented to be suitable for reuse by the COUNTY or others on extensions of this project or on any other project. The COUNTY's reuse of any document or drawing shall be at the COUNTY's own risk. The COUNTY shall not hold the SURVEYOR liable for any misuse by others. SECTION XI - NOTICES Any notices, reports or other written communications from the SURVEYOR to the COUNTY shall be considered delivered when posted by certified mail or delivered in person to the County Surveyor. Any notices, reports or other communications from the F:IPublic WorWENGINEERING DIVISION PROJECTS\1605 IRC Annual 2016 Professional Survey Services Con"cPAdmfnM16.2016 AgreemenIMMaster Agreement - Klmley-Hom.doc Page 4 of 9 it 159 COUNTY to the SURVEYOR, shall be considered delivered when posted by certified mail to the SURVEYOR at the last address left on file with the COUNTY or delivered in- person to said SURVEYOR or its authorized representative. SECTION XII — TERMINATION Either party may terminate this Agreement upon seven (7) days written notice to the other party, except if the SURVEYOR terminates this Agreement, such termination shall not be effective, absent the COUNTY's consent, until the SURVEYOR'S completion to the COUNTY's satisfaction, of any pending Work Order. SECTION XIII — SURVEYOR'S PERSONNEL ASSIGNED TO THE PROJECT The COUNTY shall have the right of approval of all SURVEYOR's personnel assigned to any COUNTY project. Therefore, any subsequent changing of assigned personnel to any COUNTY project shall also be subject to COUNTY approval. Failure to adhere to this policy shall be considered a cause for contract termination. SECTION XIV — AUDIT RIGHTS The COUNTY reserves the right to audit the project records of the SURVEYOR related to this Agreement at any time during the prosecution of the work included herein and for a period of three years after final payment is made. - - ---SECTION-XV --SU BLET TING - -- - ----- -- --- - --- -- - ....— - --- - -- - -- - -- -- The SURVEYOR shall not sublet, assign, or transfer any work under this Agreement without the written consent of the COUNTY. When applicable and upon receipt of such consent in writing, the SURVEYOR shall cause the names of the Professional Surveying and Mapping firms responsible for the major portions of each separate specialty of the work to be inserted on the reports or other data. SECTION XVI —WARRANTY 'The SURVEYOR warrants that it has not employed or retained any company or person other than a bona fide employee working solely for the SURVEYOR, to solicit or secure this Agreement, and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the SURVEYOR any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the SURVEYOR'S breach of violation of this warranty, the COUNTY shall have the right to annul this Agreement without liability. SECTION XVII — DURATION OF AGREEMENT This Agreement shall remain in full force and effect for a period of two years after the date of execution thereof, or until completion of all project phases as defined by the County Surveyor (or Designee), whichever occurs first, or unless otherwise terminated by mutual consent of the parties hereto, or terminated pursuant to Section XII — "Terminatiom" This Agreement may be extended for two additional two year increments at the discretion of the COUNTY. SECTION XVIII — INSURANCE During the performance of the work covered by this Agreement, the SURVEYOR shall provide the COUNTY with evidence that the SURVEYOR has obtained and maintains the insurance listed in the Agreement. RkPublic WorkslENGINEERING DIVISION PROJECTS11605 IRC Annual 2016 Professional Survey Services ContradlAdmin12016-2018 AgreementsWasterAgreement - Klmley-Hom.doc Page 5 of 9 160 1. SURVEYOR shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the SURVEYOR, its agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the i SURVEYOR's fees. 2. Minimum Scope of Insurance (for fees less than $500,000): A. Worker's Compensation as required by the State of Florida. Employers Liability of $100,000 each accident, $500,000 disease policy limit, and $100,000 disease each employee. B. General Liability $1,000,000 combined single limit per accident for bodily injury and property damage. Coverage shall include premises/operations, products/completed operations, contractual liability, and independent contractors. COUNTY shall be named an "Additional Insured" on the certificate of insurance. C. Auto Liability $500,000 combined single limit per accident for bodily injury and property damage. Coverage shall include owned vehicles, hired vehicles, and non -owned - - -- ---- - - - - -- --vehicles:-COUNTYshall- be- named -an "Additional-ansured" on the certificate of insurance. D. Professional Liability Insurance providing coverage for negligent acts, errors, or omissions committed by SURVEYOR with a $500,000 per claim/annual aggregate. This insurance shall extend coverage to loss of interest, earning, profit, use and business interruption, cost of replacement power, and other special, indirect, and consequential damages. 3. SURVEYOR's insurance coverage shall be primary. 4. All above insurance policies shall be placed with insurers with a Best's rating of no less that A -VII. The insurer chosen shall also be licensed to do business in Florida. 5. The insurance policies procured, other than professional liability, shall be occurrence forms, not claims made policies. Professional liability shall be on a claims -made basis. 6. The insurance companies chosen shall provide certificates of insurance prior to signing of contracts, to the Indian River County Risk Management Department. 7. Each insurance company shall provide the Indian River County Risk Management Department with a certificate of insurance that states that the insurance company will provide 30 days notice to the Risk Management Department, of its intent to modify or cancel said policies of insurance. Such notice shall be in writing by registered mail, return receipt requested, and addressed to the Risk Manager of the Risk Management Department. 8. The SURVEYOR shall include all sub -contractors as insured under its policies or shall furnish separate certificates and endorsements for each F•1Public Works\ENGINEERING DIVISION PROJECTS11605 IRC Annual 2016 Professional Survey Services GonbaclVWminl2016.201B Agreements%MasterAgreemenl lGmley-Horn.cloc Page 6 of 9 161 subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 9. Any deductibles or self-insured retentions greater than $5,000 must be approved by the Risk Manager for Indian River County with the ultimate responsibility for same going to the SURVEYOR. SECTION XIX - INDEMNIFICATION SURVEYOR hereby agrees to indemnify, and hold harmless, the COUNTY, and the COUNTY's officers, employees and agents, from and against any and all claims from liabilities, damages, losses, costs, third party claims, judgments, and expense to persons or property, including reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of SURVEYOR, or of SURVEYOR's officers, employees, or agents, and SURVEYOR shall indemnify the COUNTY against any such claims and any judgments that may be entered in connection therewith, including reasonable attorneys' fees. SECTION XX - SAFETY SURVEYOR is solely responsible for the safety of its employees and others arising from SURVEYOR's operations. All projects shall follow proper safety procedures referencing the Florida Department of Transportation Safety Standards for Surveyors and as any job -sitesafety. -However,--in-accordance-with-generally-accepted-practices;-the---------, ------ SURVEYOR may report any observed job site safety violations by others to the COUNTY. SECTION XXI - CHOICE OF LAW AND VENUE This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. SECTION XXII - ENTIRETY OF AGREEMENT This writing embodies the entire Agreement and understanding between the parties hereto, and there are no other Agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by both parties hereto. SECTION XXIII - SEVERABILITY If any provision, section, or paragraph of this agreement is determined by a court of competent jurisdiction to be void, illegal, or unenforceable, the remaining portions not found to be void, illegal, or unenforceable, shall remain in full force and effect. SECTION XXIV - PUBLIC RECORDS COMPLIANCE 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. F:1Pubfio WorksIENGINEERING DIVISION PROJECTS\1605 IRC Annual 2016 Professional Survey Services ContractWdmin42016-2018 AgreementsWaster Agreement - IGmley-Hom.doc Page 7 of 9 162 (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. 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 1801 27th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. SECTION XXV - PROHIBITION AGAINST CONTINGENT FEES The registered surveyor and mapper warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the registered surveyor and mapper to solicit or secure this agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the registered surveyor and mapper any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this agreement." For the breach or violation of this provision, the agency shall have the right to terminate the 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. F:%Public WoftWNGINEERING DIVISION PROJECTS11605 IRC Annual 2016 Professional Survey Services ContragV InW16 2016 AgreemmrieWasterAgreement - lOmley-Nom.doo Page 8 of 9 ----------------____ 163 i IN WITNESS WHEREOF the parties hereto have executed these presents this day of , 2016. KIMLEY-HORN &ASSOCIATES, INC. B) Til INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS BY: Bob Solari, Chairman Board of County Commissioners Approved by the BCC: WITNESS: ATTEST: Jeffrey R. Smith Clerk of Court & Comptroller BY: NAME: �Au S e �G"C S� DEPUTY CLERK OF COURT JAsoq E. Bro COUN MINISTRATOR n A/1 I I If Dylan Reingold COUNTY ATTORNEY F:1PtUic WcftAENGINEERING DNISION PROJECTS\1605IRC Anmual 2016 Professional Survey Services CmdrachAdmin\2016-2018 AgreementsWasterAgreement - Idmley-Hom.doc Page 9 of 9 i 164 Kimley»>Horn EXHIBIT "A" Kimley-Horn and Associates, Inc. Annual Surveying and Mapping Services — IRC Project No. 1605 FEE SCHEDULE October 1, 2016 through September 30, 2018 HOURLY RATES BY EMPLOYEE CLASSIFICATION, CLASSIFICATION RATE Professional Surveyor and Mapper (PSM) $135.00 Project Surveyor $120.00 ; -- --Survey technician/CADD technician $-80:00--_ - -- -- --- - - - - _ - --- - --- ; - - Geodetic Processing Technician $100.00 ; GIS Specialist $120.00 GIS analyst / Technician $100.00 Administrative, Research, Clerical $ 40.00 Three-man Field Crew Two -Man Field Crew GIS Data Collection — One Person Authorized Reimbursable Expense" Blueprints (24"06") Concrete Monuments Global Positioning System (GPS) *All other expenses relevant to project Consultant's Signature and Position Date $135.00 $120.00 $ 80.00 $2.00 / sheet $15.00 $15.00 per unit per hour kimley-horn.com 445 24th Street, Suite 200, Vero Beach, FL 32960 1;65 Client#: 25320 KIMLHORN ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDfYYYY) F 9/09/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Greyling Ins. Brokerage/EPIC 3780 Mansell Road, Suite 370 Alpharetta, GA 30022 877 908-5619 CONTACT NAME: Jerry Noyola PHONE 866-550-4082-552-4225 /acEx;770 cNo ; -ADDRESS: jerry.noyola@greyling.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: National Union Fire Ins. Co. 19445 INSURED P.O. B -Horn and Associates, Inc. P.O. Box C 27 Raleigh, NC 27636 INSURER B : Commerce & Industry Ins. Co. 19410 INSURER C: New Hampshire Ins. Co. 23841 INSURER D: Lloyds of London 085202 5268169 04/0112016 INSURER E: INSURER F: pp� E7 Q PREMAMAISES Ea�ED occurrence $500,000 COVERAGES CERTIFICATE NUMBER: 16-17 REVISION NUMBER - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE ADDLSUBR NSR WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR . 5268169 04/0112016 04/01/2017 EACH OCCURRENCE $11,000,000 pp� E7 Q PREMAMAISES Ea�ED occurrence $500,000 X Contractual Liab. MED EXP (Any one person) $25 OOO PERSONAL & ADV INJURY $1,000,000 GENIAGGREGATE LIMIT APPLIES PER: POLICY � COT [ X1 LOC GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 $ OTHER: A AUTOMOBILE LIABILITY 4489663 4/01/2016 04101/2017 COMBINED SINGLE LIMIT Ea accident)1,000,000 X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY Per accident $ ( ) X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE Per Fcddent $ B X UMBRELLA LIAB X OCCUR BE013778306 4/01/2016 04/01/2017 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE s5,000.000 DED X RETENTION $1O 000 $ C A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? F (Mandatory In NH) If yes, describe under N / A 15893685 AOS (AOS) 15893686 (CA) 4/01/2016 4/01/2016 04/01/201 04/01/201 X PER OTH- E.L. EACH ACCIDENT $11,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below I I I D Professional Liab P070831600 4/01/2016 04/01/2017 Per Claim $2,000,000 Aggregte $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if mon; space Is required) Re: Annual Professional Surveying and Mapping Services, IRCO Project #1605, Project Mgr - Chris Demeter. Indian River County is named as an Additional Insured with respects to General & Automobile Liability where required by written contract. The above referenced liability policies with the exception of professional liability are primary & non (See Attached Descriptions) Indian River County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Risk Mgmt ACCORDANCE WITH THE POLICY PROVISIONS. 1801 27th Street Bldg. A AUTHORIZED REPRESENTATIVE Vero Beach, FL 32960 A,-_ , , ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) 1 of 2 The ACORD name and logo are registered marks of ACORD #S553861/M461305 NLAR1 166 DESCRIPTI,ONS'(Continued from Page 1) contributory where required by written contract. Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof, we will endeavor to provide 30 days' written notice (except 10 days for nonpayment of premium) to the Certificate Holder. SAGITTA 25.3 (2014101) 2 of 2 #S553861 /M461305 167 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT PROFESSIONAL SURVEYING & MAPPING SERVICES MASTER AGREEMENT FOR ANNUAL PROFESSIONAL SURVEYING & MAPPING SERVICES - IRC PROJECT NO. 1605 THIS AGREEMENT, entered into this day of , 2016, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY", and CARTER ASSOCIATES, INC., hereinafter referred to as the "SURVEYOR". WITNESSETH That the COUNTY and the SURVEYOR, in consideration of their mutual covenants, herein agree with respect to the performance of professional surveying and mapping services by the SURVEYOR, and the payment for those services by the COUNTY, as set forth below and in individual Work Orders. This agreement shall be referred to as the "MASTER AGREEMENT" under which future Work Orders will apply. The SURVEYOR shall provide the COUNTY with professional surveying and mapping services and such other related services as defined in specific Work Orders, in all phases of each project. The SURVEYOR shall serve as the COUNTY's professional representative for the project as set forth in each Work Order, and shall give surveying and mapping services advice to the COUNTY during the' performance of the services to be rendered. SECTION I — PROJECT LIMITS Project limits shall be identified in individual Work Orders prepared by the COUNTY and approved by the SURVEYOR. Each Work Order will be sequentially numbered and formally approved by the COUNTY prior to a Notice -to -Proceed being issued. Purchase Orders may be issued by the COUNTY and approved through the MUNIS system for proposed services that total less than $15,000.00. For proposed services $15,000.00 and over, Work Orders shall be issued and approved by the Indian River County Board of County Commissioners. Basic services required of the SURVEYOR for the project will be described in other appropriate sections of this Agreement and in individual Work Orders. SECTION II — COUNTY OBLIGATIONS The COUNTY agrees to provide the following material, data, or services as required in connection with the work to be performed under this Agreement: A. Provide the SURVEYOR with a copy of any pertinent preliminary data or reports available to the COUNTY. B. Provide the SURVEYOR with all reasonably available drawings, surveys, right-of-way maps, and other documents in the possession of the COUNTY that are pertinent to the project. C. The COUNTY shall be responsible for obtaining only those permits required to perform the work to complete the project, if such permit I F:%Public Wbrks%ENGINEERING DIVISION PROJECTSX1605 IRC Annual 2016 Professional Survey Services ContraetVWminX20162018 AgreementsWlaster Agreement - Carter Assomdoc Page 1 of 9 ! 168 requirements are made into law and established by regulatory agencies after the effective date of the Work Order. D. The COUNTY shall make all provisions for the SURVEYOR to enter upon public or private property subsequent to initial provisions performed by the SURVEYOR and as reasonably required for the SURVEYOR to perform his services. E. The COUNTY shall provide all title information and title opinion relating to land acquisition as applicable. F. The COUNTY shall provide property appraisal information for areas of potential acquisition as applicable. G. The COUNTY shall supply the SURVEYOR with copies of all applicable local codes and regulations. SECTION III — SCOPE OF SERVICES The SURVEYOR agrees to perform all necessary professional surveying and mapping services and other pertinent services in connection with the assigned project as required and as set forth in the following: 1. The SURVEYOR will endeavor not to duplicate any previous work done on any project. Before issuance of a Work Order and written authorization to proceed, the SURVEYOR shall consult with the COUNTY to clarify and define the COUNTY's requirements for the project and review all available data. 2. The SURVEYOR shall attend conferences with the COUNTY and its representatives, upon request. 3. In order to accomplish the work described under this Agreement under the time frames and conditions set forth in this Agreement, the SURVEYOR shall: a. Complete work on the project within the time allowed by maintaining an adequate staff of registered Surveyors and Mappers, GIS Professionals, Cadd operators, Survey Technicians and other employees on the work at all times. b. Comply with all federal, state, and local laws applicable to this project(s). The SURVEYOR'S work product shall conform with all applicable federal, state and local laws applicable to this project(s). C. The SURVEYOR shall cooperate fully with the COUNTY in order that all phases of the work may be properly scheduled and coordinated. d. The SURVEYOR shall contact the Sunshine State One Call of Florida ("SSOCOF") to locate the utilities, and SURVEYOR shall be entitled to rely on information provided by SSOCOF. SURVEYOR shall survey all above -ground structures, and utilities on the final plans. e. The SURVEYOR understands that certain County AutoCAD (Drawing) standards are being adopted; said standards shall be defined in individual work orders. f. The SURVEYOR shall report the status of the project to the County Surveyor upon request and hold all drawings, electronic files, calculations, and related work open to the F:1Pubhc Works%ENGINEERING DMSION PROJECTS\1605 IRC Annual 2016 Professional Survey Services Contract\Admin12016-2018 AgreementsWaster Agreement - Carter Assocdoc Page 2 of 9 169 inspection of the COUNTY at any time, upon reasonable request. 4. Subject to the terms of Section X herein, all documents items furnished to the SURVEYOR by the COUNTY pursuant to this Agreement, are and shall remain the property of the COUNTY, and shall be delivered to the COUNTY upon completion of the work. 5. All items prepared by the SURVEYOR shall be created, maintained, and provided in the format as specified by the COUNTY in each individual Work Order. 6. Compensation to the SURVEYOR for basic services shall be in accordance with each Work Order, as mutually agreed upon by the SURVEYOR and the COUNTY. Current fee schedule is included in "Exhibit A" attached, and will be included as part of each Work Order when approved. SECTION IV — TIME FOR COMPLETION The time for completion of each project shall be defined in the Work Order. SECTION V — COMPENSATION The COUNTY agrees to pay, and the SURVEYOR agrees to accept, for services rendered pursuant to this Agreement, fees in accordance with the following: A. Professional Services Fee - The basic compensation shall be mutually agreed upon by the SURVEYOR and the COUNTY prior to issuance of each Work Order, and the amount shall be included in the Work Order to be formally approved by the Board of County Commissioners. B. Direct Payment for Certain Services - The COUNTY will not pay for services or goods provided by others working in conjunction with the SURVEYOR, as follows: - 1 . ollows:1. Printing and Reproduction: The COUNTY shall make direct payment to the SURVEYOR for the cost of additional blueprints. The maximum cost allowed per blueprint, utilized shall be set forth in the Work Order. 2. Concrete Monuments 3. Others — as defined in individual Work Orders. SECTION VI — ADDITIONAL SERVICE WORK Additional service work occurs when the COUNTY requests changes after it has formally approved this Agreement. Additional service work shall not commence until a Work Order for the additional work has been formally issued by the County Surveyor or his designee, and formally approved by the Board of County Commissioners, or the County Administrator and the additional service work shall be performed in accordance with the fee schedule set forth in that Work Order. SECTION VII — CHANGE IN THE PROJECT SCOPE AFTER A WORK ORDER HAS BEEN EXECUTED If the project scope is changed after a Work Order has been executed, such work shall be the subject of a Supplemental Work Order formally approved by the Board of County Commissioners or the County Administrator pursuant to his delegated authority. F:Tublic WorWENGINEERING DIVISION PROJECTSA1605 IRC Annual2016 Professional Survey Services ContraotAdmin\2016-2019 AgreementslMasierAgreement- Carter Assoc.doc Page 3 of 9 170 SECTION VIII — PAYMENTS The COUNTY shall make monthly partial payments Pursuant to Florida Prompt Payment Act (F.S. 218.70) to the SURVEYOR as provided by in the Work Order. A ten percent (10%) retainage shall be withheld by the COUNTY on all Work Orders until all of the SURVEYORS work is completely accepted by the COUNTY. Unless otherwise stated in the Work Order, the SURVEYOR shall submit duly certified invoices in duplicate no more than once monthly to the County Surveyor. The Agreement shall be divided into units of deliverables, which shall include, but not be limited to, reports, findings, drawings, recommendations, and drafts, that must be received and accepted in writing by the County Surveyor, prior to payment. SECTION IX — RIGHT OF DECISIONS All services shall be performed by the SURVEYOR to the satisfaction of the County Surveyor who shall decide all questions, difficulties, and disputes of whatever nature that may arise under or by reason of this Agreement, according to the prosecution and fulfillment of the service hereunder, and the character, quality, amount and value thereof. The COUNTY's decision upon all claims, questions, and disputes shall be final, conclusive, and binding upon the parties hereto, unless such determination is clearly arbitrary or unreasonable. Adjustments of compensation and contract time because of any major changes in the work that might become necessary or be deemed desirable as the work progresses shall be reviewed by the County Surveyor. If the SURVEYOR does not concur in the judgment of the County Surveyor as to any decisions made by him or her, it shall present its written objections to the County Engineer, Public Works Director and subsequently the Administrator of Indian River County, who shall make a decision, and the SURVEYOR shall abide by the County Administrator's decision, unless the decision is clearly arbitrary or unreasonable. SECTION X — OWNERSHIP AND REUSE OF DOCUMENTS A. Ownership and Copyright: Ownership and copyright of all reports, tracings, plans, electronic files, specifications, field books, survey information, maps, contract documents, and other data developed by the SURVEYOR pursuant to this Agreement, shall be vested in the COUNTY. Said materials shall be made available to the COUNTY by the SURVEYOR at any time upon request of the COUNTY. On or before the tenth day after all work contemplated under this Agreement is complete, all of the above materials shall be delivered to the County Surveyor. B. Reuse of Documents: All documents, including but not limited to reports, drawings and specifications, prepared or performed by the SURVEYOR pursuant to this Agreement, are related exclusively to the services described herein. They are not intended or represented to be suitable for reuse by the COUNTY or others on extensions of this project or on any other project. The COUNTY's reuse of any document or drawing shall be at the COUNTY's own risk. The COUNTY shall not hold the SURVEYOR liable for any misuse by others. SECTION XI — NOTICES Any notices, reports or other written communications from the SURVEYOR to the COUNTY shall be considered delivered when posted by certified mail or delivered in person to the County Surveyor. Any notices, reports or other communications from the NPublic WorkMENGINEERING DNISION PROJECTS\1605 IRC Annual 2016 Professional Survey Services Contraq\Admin12016-2018 ABreementsWlasterAgreement- Carter Assoo.doc Page 4 of 9 171 COUNTY to the SURVEYOR, shall be considered delivered when posted by certified mail to the SURVEYOR at the last address left on file with the COUNTY or delivered in- person to said SURVEYOR or its authorized representative. SECTION XII — TERMI14ATION Either party may terminate this Agreement upon seven (7) days written notice to the other party, except if the SURVEYOR terminates this Agreement, such termination shall not be effective, absent the COUNTY's consent, until the SURVEYOR'S completion to the COUNTY's satisfaction, of any pending Work Order. SECTION XIII — SURVEYOR'S PERSONNEL ASSIGNED TO THE PROJECT The COUNTY shall have the right of approval of all SURVEYOR's personnel assigned to any COUNTY project. Therefore, any subsequent changing of assigned personnel to any COUNTY project shall also be subject to COUNTY approval. Failure to adhere to this policy shall be considered a cause for contract termination. SECTION XIV — AUDIT RIGHTS The COUNTY reserves the right to audit the project records of the SURVEYOR related to this Agreement at any time during the prosecution of the work included herein and for a period of three years after final payment is made. SECTION XV — SUBLETTING The SURVEYOR shall not sublet, assign, or transfer any work under this Agreement without the written consent of the COUNTY. When applicable and upon receipt of such consent in writing, the SURVEYOR shall cause the names of the Professional Surveying and Mapping firms responsible for the major portions of each separate specialty of the work to be inserted on the reports or other data. SECTION XVI —WARRANTY The SURVEYOR warrants that it has not employed or retained any company or person other than a bona fide employee working solely for the SURVEYOR, to solicit or secure this Agreement, and that he or she has not paid or agreed to pay any person, , company, corporation, individual, or firm, other than a bona fide employee working ' solely for the SURVEYOR any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the SURVEYOR'S breach of violation of this warranty, the COUNTY shall have the right to annul this Agreement without liability. SECTION XVII — DURATION OF AGREEMENT This Agreement shall remain in full force and effect for a period of two years after the date of execution thereof, or until completion of all project phases as defined by the County Surveyor (or Designee), whichever occurs first, or unless otherwise terminated by mutual consent of the parties hereto, or terminated pursuant to Section XII — "Termination." This Agreement may be extended for two additional two year increments at the discretion of the COUNTY. SECTION XVIII — INSURANCE During the performance of the work covered by this Agreement, the SURVEYOR shall provide the COUNTY with evidence that the SURVEYOR has obtained and maintains the insurance listed in the Agreement. FAPublic WorkslENGINEERING OMSION PROJECTS11605 IRC Annual 2016 Professional Survey Services ContradWdmin12016-2018 Agreaments\Master Agreement - Carter Assoc.doc Page 5of9 172 1. SURVEYOR shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work- hereunder orkhereunder by the SURVEYOR, its agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the SURVEYOR's fees. 2. Minimum Scope of Insurance (for fees less than $500,000): A. Worker's Compensation as required by the State of Florida. Employers Liability of $100,000 each accident; $500,000 disease policy limit, and $100,000 disease each employee. B. General Liability $1,000,000 combined single limit per accident for bodily injury and property damage. Coverage shall include premises/operations, products/completed operations, contractual liability, and independent contractors. COUNTY shall be named an "Additional Insured" on the certificate of insurance. C. Auto Liability $500,000 combined single limit per accident for bodily injury and property damage. Coverage shall include owned vehicles, hired vehicles, and non -owned vehicles. COUNTY shall be named an "Additional Insured" on the certificate of insurance. D. Professional Liability Insurance providing coverage for negligent acts, errors, or omissions committed by SURVEYOR with a $500,000 per claim/annual aggregate. This insurance shall extend coverage to loss of interest, earning, profit, use and business interruption, cost of replacement power, and other special, indirect, and consequential damages. 3. SURVEYOR's insurance coverage shall be primary. 4. All above insurance policies shall be placed with insurers with a Bests rating of no less that A -VII. The insurer chosen shall also be licensed to do business in Florida. 5. The insurance policies procured, other than professional liability, shall be occurrence forms, not claims made policies. Professional liability shall be on a claims -made basis. 6. The insurance companies chosen shall provide certificates of insurance prior to signing of contracts, to the Indian River County Risk Management Department. 7. Each insurance company shall provide the Indian River County Risk Management Department with a certificate of insurance that states that the insurance company will provide 30 days notice to the Risk Management Department, of its intent to modify or cancel said policies of insurance. Such notice shall be in writing by registered mail, return receipt requested, and addressed to the Risk Manager of the Risk Management Department. 8. The SURVEYOR shall include all sub -contractors as insured under its policies or shall furnish separate certificates and endorsements for each F:1Publlc Works\ENGINEERING DIVISION PROJECTS\1605 IRC Annual 2016 Professional Survey Services ContradkMrnin12016-2018 AgreemenlsWlasler Agreement - Carler Assoc.doc Page 6of9 173 subcontractor. All coverages for subcontractors shall be subject to alf of the requirements stated herein. 9. Any deductibles or self-insured retentions greater than $5,000 must be approved by the Risk Manager for Indian River County with the ultimate responsibility for same going to the SURVEYOR. SECTION XIX - INDEMNIFICATION SURVEYOR hereby agrees to indemnify, and hold harmless, the COUNTY, and the COUNTY's officers, employees and agents, from and against any and all claims from liabilities, damages, losses, costs, third party claims, judgments, and expense to persons or property, including reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of SURVEYOR, or of SURVEYOR's officers, employees, or agents, and SURVEYOR shall indemnify the COUNTY against any such claims and any judgments that may be entered in connection therewith, including reasonable attorneys' fees. SECTION XX — SAFETY SURVEYOR is solely responsible for the safety of its employees and others arising from SURVEYOR's operations. All projects shall follow proper safety procedures referencing the Florida Department of Transportation Safety Standards for Surveyors and as any job site safety. However, in accordance with generally accepted practices, the SURVEYOR may report any observed job site safety violations by others to the COUNTY. SECTION XXI — CHOICE OF LAW AND VENUE This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. SECTION XXII — ENTIRETY OF AGREEMENT This writing embodies the entire Agreement and understanding between the parties hereto, and there are no other Agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by both parties hereto. SECTION XXIII - SEVERABILITY If any provision, section, or paragraph of this agreement is determined by a court of competent jurisdiction to be void, illegal, or unenforceable, the remaining portions not found to be void, illegal, or unenforceable, shall remain in full force and effect. SECTION XXIV — PUBLIC RECORDS COMPLIANCE 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. FAPubllc Works1ENGINEERING DIVISION PROJECTSM(35 IRC Annual 2016 Professional Survey Services ContractlAdmin12016-2016 AgreementsWasterAgreement - Carter Assoa.doc Page 7 of 9 174 (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. A 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 1801 27th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. SECTION XXV - PROHIBITION AGAINST CONTINGENT FEES The registered surveyor and mapper warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the registered surveyor and mapper to solicit or secure this agreement and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the registered surveyor and mapper any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this agreement." For the breach or violation of this provision, the agency shall have the right to terminate the 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. F:1Pub1ic Worke%ENGINEERING DMSION PROJECTS\1605 IRC Arr W 2016 Professional Survey Services Contrec tAAdmIn120162010 AgreemwftWteeter AgreemeM- Carter Assoc.doc Page 8 of 9 175 IN WITNESS WHEREOF the parties hereto have executed these presents this _ day of , 2016. CARTER ASSOCIATES, INC. Y:Q Title: WITNESS: BY:. L�.� �bU✓� NAME: INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS M Bob Solari, Chairman Board of County Commissioners Approved by the BCC: ATTEST: Jeffrey R. Smith Clerk of Court & Comptroller M DEPUTY CLERK OF COURT Ja on g. Brown COUNTY INISTRATOR lIZ1111,1k,119 Dylan eingold COUNTY ATTORNEY F:Vh blit VJ O1 MENGINEERING DIVISION PROJECTSMM IRC Annual 2016 Professional Survey Services Cwdmct%Admfn12016-201B Agreements%iWer Agreement - Carter Assoadoc Page 9 of 9 176 CARTER ASSOCIATES, INC. I 1708 21st STREET' • !`t• RO BEACl•l, FLORIDA 32960.3472 . 77.1-562-4191 077241562-7180 (FAX) JOHN 11. B1 MI, Hi, PRINCIPAI. DAVID E. l UL71AE, P_SM- PRINCIPAL FRAM < & CUMAWStI, F.S.M. CIAMON I: RANA''S, GEORGE; A, MMONS, F.ts PRINCIPAL FA'I'RICK S N'A1 THM P.F:., PRINCIPAL STB\Ti 1) SNQ01-11I kik, F F. MARVIN E. MUM P,S.M., Ctmuiltard to the firm DEAN F. UTEPUr, 111, (n.asc,Conauham to the firm "EXHIBIT A" INDIAN RIVER COUNTY PROFESSIONAL SURVEYING AND MAPPING CONTRACT 1605 — OCTOBER 1, 2016 — SEPTEMBER 30, 2018 FEE SCHEDULE OFFICE: Surveyor (Principal) $150.00 Surveyor 1 $140.00 Surveyor II $120.00 Surveyor III (SIT) $110.00 CAD/GIS Tech 1 $105.00 CAD/GIS Tech II $ 90.00 CAD/GIS Tech III $ 85.00 CAD/GIS Tech IV $ 75.00 Administrative Staff $ 45.00 FIELD: 4 Man Survey Crew $175.00 3 -Man Survey Crew $150.00 2 -Man Survey Crew $135.00 1 -Man Survey Crew $110.00 SPECIALIZED EQUIPMENT: Leica HD P40 Scanner $175.00/Hour Aluminum Boat $500.00/Day All -Terrain Vehicle (ATV)/Trailer $250.00/Day $1,000.00NVeek ANTICIPATED REIMBURSABLE EXPENSES: Postage, Express Mail, etc. Cost Blueprints/Blackline (24" x 36") $2.00/Each Color Prints (24"x36) $5.00/Each Mileage IRS Standard Rate Mylar $7.00/Each Photocopies: 8.5" x 11" 15¢/Each 8.5" x 14" 25¢/Each 11" x 17" 35¢/Each Concrete Monuments $20.00/Each Rebar $ 2.50/Each Laths $ 0.75/Each Hubs $ 1.00/Each Sub -Consultants J Cost + 10% um, Treasurer Date I A201611ndian River County Survey 2016-2017 Indian River County Survey.docx III A T Serving Plorld8 Since 1911 177 ACoO O CERTIFICATE OF LIABILITY INSURANCE ° 3/l/2016 ' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endomement(s). PRODUCER CO FACT ABracy Srahm NAME -' Setnor Byer Insurance & Risk PHONE(954)382-4350 FAX No: (954)382-2810 900 S. Pine Island Road #300 nooIRFSS:CertlfiCates@setnorbyer.com INSURER(S) AFFORDING COVERAGE NA1C Y EACH OCCURRENCE S 1,000,000 Plantation FL 33324 INSURERA Continental Casualty Company 20443 INSURED INSURER B : Carter Associates, Inc INSURER C: 1706 21st Street INSURER D: INSURER E: AUTOMOBILE Vero Beach FL 32960 1 INSURER F: COVERAGES CERTIFICATE NUMBER:02/25/16-Mast 2016 Cert REVISION NUMBER! THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER MWDD 1rr rn PMO�CY EXP LIMITS A COMMERCIAL GENERAL LIABILITY X I CLAIMS MAGE F1 OCCUR X Professional Liability AER002347135 3/5/2016 3/5/2017 EACH OCCURRENCE S 1,000,000 DAMAGE TO Re PREMISES s 000mence S MED EXP WW one person) $ lKnoxledge Data 3/5/1962 PERSONAL BADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY El jE� F LOC OTHER GENERAL AGGREGATE S 1,000,000 PRODUCTS- COMPIOP AGG S $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS COM a ctlden MIT S BODILY INJURY (Per person) S BODILY INJURY Per accident ( ] S PROPERTY DAMAGE Par accident S . S UMBRELLA LIAB EXCESS LIAS OCCUR CLAIMS -MADE EACH OCCURRENCE S AGGREGATE S OED I I RETENTION S S WORKERS COMPENSATIONOTH- AND EMPLOYERS'UABIUTY YIN ANY PROPRIETORIPARTNERIEXECUnVEACH OFFICERIMEMBER EXCLUDED? ❑ (Mandatory In NH) it M descr be under DESCRIPTION OF OPERATIONS below NIA STATUTE I I ER E.L.E.L.N ACCIDENT i E.L. DISEASE - EA EMPLOYEE S EL DISEASE - POLICY OMIT S A PER CL&n4 DEDucTIBY.E JLE9002347135 3/5/2016 3/5/2017 $7,5DO DESCRIPTION OF OPERATIONS/ LOCATIONS! VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached H more space is required) INDIAN RIVER COUNTY 1801 27TH STREET BUILDING A VERO BEACH, -FL 32960 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Brahm/HANNAH ©1988-2014 ACORD CORPORATION. All rights reservecj ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD IM-"99nnunn . 178 ACC>RDrCERTIFICATE OF LIABILITY INSURANCE D T m MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH 120,6) PRODUCER David Hedges Insurance Agency, Inc. THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2601 20th Street Suite B HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR AVero Beach, FL. 32960 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. LIMITS A INSURERS AFFORDING COVERAGE NAIC # INSURED Carter Associates, Inc. 1708 21st Street Vero Beach, FL 32960 INSURER A State Farm Florida Insurance Company 10739 10739 INSURER B: State Farm Mutual Automobile Insurance Company 25178 25178 INSURER C: State Farm Fire and Casualty Company 25143 25143 INSURER D: INSURER E: X COMMERCIAL GENERAL LIABILITY COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS RAD LTINS TYPE OF INSURANCE POLCY NUMBER POLICY D ATE /D1YYYY) POLICY TLYYN LIMITS A X GENERALUABILJTY 98-K1-9130-8 08/17/2016 08/17/2017 EACHOCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Es occurrence E CLAIMS MADE FRI OCCUR MED EXP (Any one penton) $ 5,000 X HIRED AUTO PERSONAL & ADV INJURY $ 1,000,000 X NON -OWNED AUTOS GENERALAGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 X POLICY Ea LOC $ B X AUTOMOBILE UABIUTY C65.8875 -F30.59 06/30/0216 12130/2016 ANY AUTO 159 -0221 -0O6 -59M 04!06/2016 10/06/2016 COMBINED SINGLE LIMIT (Eaacadent) $ 1,000,000 ALL OWNED AUTOS 202 -4978 -E14 -59U 05/14/2016 1111412016 X SCHEDULEDAUTOS 213.6940.810-i90 08/10/2016 02110/2017 BODILY INJURY $ 2323100 -B23 -59K 08/23/2016 0283/2017 (Per person) BODILY INJURY $ HIRED AUTOS 235-7463-Cl6Z9H 09/15/2016 03/1512017 NON -OWNED AUTOS 684-4332$27.59F 0887/2016 028712017 (Per accident) PROPERTY DAMAGE 8313539 -E10 -59N 05/10/2016 11/10/2016 843-45104310-59R 08/10/2016 02110/2017 (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY* AGG $ A EXCESS I UMBRELLA UABILITY 98-K1-9131-0 EACH OCCURRENCE $ 5,000,000 X OCCUR EICLAIMS MADE AGGREGATE $ 08/17/2016 08/17/2017 $ DEDUCTIBLE $ $ RETENTION $ C WORKERS COMPENSATION ANDWC ATU- OTH X EMPLOYERS'LtABILiTY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE 98BT-K465-5F TORY LIMITS ER OFFICER/MEMBER EXCLUDED? El 01/01/2016 01/01/2017 E.L. EACH ACCIDENT $ 11000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) H describe E.L.R DISEASE - POLICY LIMIT E 1,000,000 yes, under Bic- OTHER EMR 860 01/01/2016 01/01/2017 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ADDITIONAL INSURED: INDIAN RIVER COUNTY, 1801 27TH ST, BUILDING A, VERO BEACH, FL 32960 THIS POLICY ENDORSED BY FE6671 WAIVER OF SUBROGATION a.crcl lrn.A I e nULUCK GANCELLAT1UN INDIAN RIVER COUNTY 1801 27TH ST, BUILDING A VERO BEACH, FL 32960 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE DAVID E HEDGES Awlcu ca (ZuumuT) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 1001486 132849.3 04-06-2009 179 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 180 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services CONSENT AGENDA Date: September 27, 2016 To: The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator From: Michael C. Zito, Assistant County Administrator Subject: Second Amendment to License Agreement with Fully Involved Event Productions, LLC. Description and Conditions: On March 15, 2016, the Board of County Commissioners approved a License Agreement with Fully Involved Event Productions, LLC for an event known as Rocktoberfest (the "Event"). The Event is scheduled to occur on October 20d' through October 23rd 2016. On August 16, 2016, the Board approved the First Amendment to the License Agreement to allow the Event owner to select a nonprofit charitable organization to conduct alcohol sales at the Event in accordance with County policy. Pursuant to the Agreement as amended, the Event owner selected the Rotary Club of Vero Beach Sunrise, Inc., ("Rotary") as the charitable benefactor and licensed alcohol purveyor for the Event. The change has driven the Applicant's request to include Rotary as a co -applicant on the License. Utilizing a nonprofit charity has also prompted the Applicant's request to convert the method of calculating the alcohol permit fee from a percentage of gross sales to a flat fee of $350 per day plus $2 per admission ticket to the Event. The Amendment also eliminates the individual vendor fee, which is optional under County Policy, and adds use of the Expo Center on Thursday, October 20''. Analysis: The proposal presents several advantages to the County. It provides guaranteed revenue to the County based upon advanced and on-site ticket sales while evading the cumbersome process of monitoring and auditing numerous individual alcohol transactions. Most importantly, it avoids the appearance of sharing proceeds of alcohol sales with a nonprofit license holder, which is prohibited by Florida law. While the gross alcohol sales percentage method is a legally defensible method of calculating the permit fee as opposed to a true profit share, Staff recommends the proposed alternative as the preferred method in contemplation of the charitable cause, simplicity for both Staff and the Event owner, and the uncertainty of differing interpretations of Florida law. The Event License Agreement currently permits the County to collect 15% of the gross vendor fees charged to the food and merchandise vendors. Pursuant to the new Fairgrounds Policy, the imposition of vendor fees is a negotiable source of revenue for the County but, has yet to be levied upon any applicant. In retrospect, the imposition of a negotiated vendor fee may be more appropriate for events where the primary draw is the vendor marketplace. Alternatively, the marketplace vendors serving this Event are ancillary to the main attractions and, will also be required to purchase a local business tax receipt. F•\Assistant County Administrator\AGENDA ITEMS\2016\BCC 10 OCTOBER 2016\BCCMemo - Second Amendment to Rocictoberfest Festival License Agreement.doc 181 Funding: The addition of the Expo Center rental will increase the base revenue to the County for this Event. The net effect of the proposed Second Amendment along with additional fees for Fairgrounds amenities reserved since the execution of the First Amendment will increase the base license fee from $5,483.75 to $7,441.85. With respect to the additional alcohol permit fee revenue, the differential under the proposed method is speculative at this time, but is expected to be negligible in Staff's estimation. Recomendation: Staff respectfully recommends the Board to approve the Second Amendment to the License Agreement and requests that the Board authorize its Chairman to sign of behalf of the County. Attachment: Second Amendment to License Agreement with Fully Involved Event Productions, LLC. Approved E. Brown Y Administrator FOR: October 4, 2016 Indian River County Approved Date Administration a County Attorney Budget NA7 Department Risk Management Z19 F•\Assistant County Administrator\AGENDA ITEMS\2016\BCC 10 OCTOBER 2016\BCCMemo - Second Amendment to Rocktoberfest Festival License Agreement.doc 182 SECOND AMENDMENT TO INDIAN RIVER COUNTY FAIRGROUNDS LICENSE AGREEMENT FOR VERO BEACH ROCKTOBERFEST EVENT BETWEEN INDIAN RIVER COUNTY AND FULLY INVOLVED EVENT PRODUCTIONS, LLC. LICENSE AGREEMENT DATED MARCH 15, 2016 — FIRST AMENDMENT DATED AUGUST 16, 2016 THIS SECOND AMENDMENT BETWEEN INDIAN RIVER COUNTY AND FULLY INVOVLED EVENT PRODUCTIONS, LLC, ("Second Amendment") is entered into as of the 4th day of October, 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 27'h 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 an Indian River County Fairgrounds License Agreement which granted approval for the Applicant to conduct an event entitled Vero Beach Rocktoberfest (the "Event") according to the terms and conditions set forth therein, (the "License Agreement"); and WHEREAS, on August 16, 2016, County and Applicant executed the First Amendment to the License Agreement (the "First Amendment") (the License Agreement and First Amendment are collectively referred to as the "Amended Agreement'); and WHEREAS, since executing the First Amendment, the Applicant has selected a nonprofit charitable organization to conduct alcohol sales at the Event, the Applicant has proposed to add the Rotary Club of Vero Beach Sunrise, Inc. as a co -applicant; and WHEREAS, in light of selecting a nonprofit charitable organization to conduct alcohol sales at the Event, the parties desire to convert the method of calculating the alcohol permit fee; and WHEREAS, the Applicant has requested adding another component to the Event on October 20, 2016, in the Expo Center, along with additional amenities and fees; 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. Amendment to the second WHEREAS clause, the second Whereas clause in the License Agreement, is hereby amended to include Rotary Club of Vero Beach Sunrise, Inc. as a co -Applicant (with Fully Involved Event Productions, LLC) (collectively referred to as "Applicant'); and 3. Amendments Section A. 1. Section A.1. of the License Agreement will add the Expo Center as a facility rented for October 20, 2016, and the Fee Schedule, Exhibit A, shall Page I of 3 183 reflect 8 hours of use. Other incidentals will be rectified under the post event reconciliation for additional hours and amenities. 4. Amendments to Section B.Lb.: The contents of Section B.l.b. of the Amended Agreement is deleted and replaced with the following: b. The hours of the Event shall be: Thursday, October 20, 2016, from 4pm-11:59pm, Friday, October 21, 2016 from 3pm- 1 Ipm, Saturday, October 22, 2016 from loam — 1 Ipm and Sunday, October 23, 2016 from loam-6pm. 5. Amendments to Section BA(c): Section BA(c) of the Amended Agreement is deleted and replaced with the following: c. In addition to fees imposed by Section BA(a), Applicant shall pay the County two dollars ($2.00) per ticket sold to the Event. Applicant shall account for all the tickets sold seven (7) days prior to the Event, and pay the aforementioned ticket fees sold up to that point, at least three (3) days prior to the Event. The County shall have the right to inspect the Applicant's ticket records at any point during and up to thirty (30) business days after the end of the License Duration. 6. Amendments to Section BA(d): Section BA(d). of the Agreement is deleted in its entirety. 7. All other provisions of the Amended 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 Second Amendment this 4th day of October, 2016. FULLY INVOLVED EVENT PRODUCTIONS, LLC. INDIAN RIVER COUNTY, FLORIDA By: Wayne L. Howard By: President Bob Solari, Chairman Board of County Commissioners Kevin Anderson, President Date BCC Approved: October 4, 2016 Rotary Club of Vero Beach Sunrise, Inc. Page 2 of 3 184 APPROVED AS TO FORM: APPRO D 6y -Gan Reingold, Esq. Jason E.ro n, County Administrator County Attorney ATTEST: Jeffrey R. Smith Clerk of the Court and Comptroller Lin Deputy Clerk Page 3 of 3 185 ?0 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator FROM: Stan Boling, A ` P• Community Development Director DATE: September 23, 2 M SUBJECT: Adoption of Revised Building Permit Fee Schedule, Reducing Permit Fee Valuation Factor by Five Percent It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of October 4, 2016: BACKGROUND The Building Division is one of several county enterprise funds. Consequently, Building Division activities and expenses are funded solely from Building permit and related fees charged and collected by the Building Division. Expressed another way, fee payers (not tax payers) fund all Building Division activities and expenses. Over the last three years, building permit activity has increased significantly. With increased activity levels, various expenses have increased, (staffing, supplemental services, capital items) but overall revenues have increased more. As a result, staff has determined that a modest fee valuation factor reduction of 5% is warranted. At the July 2016 budget workshop and at a subsequent September 2016 budget hearing, the County Administrator informed the Board of an October 2016 planned 5% reduction and Board members expressed support for the planned fee reduction. Staff is set to implement the fee reduction on the first work day in October (Monday, October 3, 2016) and seeks the Board's formal approval of the fee reduction via a revised building permit fee schedule. ANALYSIS Staff has reviewed trends for revenues and expenses as well as future needs and determined that a modest reduction in fees based on job value can be sustained while providing a benefit to fee payers. MAAGENDA\Current Year\2016\Adoption of Revised Building Permit Fee Schedule, Reducing Permit Fee Valuation Factor by Five Percent 100416.docx 186 The actual reduction is a reduction in the job value factor from 0.415% to 0.394%, a reduction of 5.06%. That change represents a reduction in the building fee for a typical single family home of $50 - $60. Greater but proportional savings will be provided for higher value projects, including commercial projects. Attached is a resolution to formally revise the building permit fee schedule to reflect the 5% reduction described above. RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the attached resolution. ATTACHMENT 1. Resolution APPROVED AGENDA ITEM: FOR: BY: Indian River Co, App d Date Admin. Legal Budget Dept. Division WAGENDA\Current Year\2016\Adoption of Revised Building Permit Fee Schedule, Reducing Permit Fee Valuation Factor by Five Percent 2 100416.docx 187 RESOLUTION 2016 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE BUILDING PERMIT FEE SCHEDULE REDUCING FEES BASED ON VALUATION (5% REDUCTION) WHEREAS, the Board of County Commissioners of Indian River County, in accordance with Florida Statues, has established a policy that the Building Division is to be financed, to the extent feasible, by user fees; and WHEREAS, it has been determined that a 5% reduction in the valuation factor (percentage) used to calculate building permit fees can be sustained against expenses, to the benefit of fee payers; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that The building permit fee schedule is hereby revised as set forth in the attached Appendix A. The foregoing resolution was offered by Commissioner moved its adoption. The motion was seconded by Commissioner , 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 who and upon The Chairman thereupon declared the resolution duly passed and adopted this day of October, 2016. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman F:\Community Development\CurDev\RESOLUTION\2016 Resolutions\Building Permit Fee Schedule Reducing Fees Based on Valuation - 5%2010- dooc Attachment 1 188 RESOLUTION 2016 - ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk APPROVED AS TO LEGAL SUFFICIENCY B D ; Dylan Reingold, tbunty Attorney APPROVED AS TO PLANNING MATTERS BY: Stan Boling, P, Director Community Development Department F•\Community Development\CurDev\RESOLUTION\2016 Resolutions\Building Permit Fee Schedule Reducing Fees Based on Valuation - 5% 20161 docx Attachment 1 189 Page 1 of 4 0 Attachment 1 Indian River County Building Division Permit Fee Schedule # Permit Type Application Fee Permit Fee Comments 1 New Buildings, Alterations, Mobile and Modular Homes $200.00 EPA QVArsubcontractor 0.394% of ICC Building Valuation over Base permit fee includes subcontractor work (electrical, plumbing, mechanical, insulation, alarm, and irrigation) if work is shown on the permit documents, if the value of the subcontractor work is included as part of the aggregate construction value and if subcontractor affidavits are submitted with the application. Commercial Site work and all Accessory Structures are excluded. 2 Additions, Alterations, Misc. Commercial $50,765 Page 1 of 4 0 Attachment 1 Page 2 of 4 Attachment 1 Residential / Commercial Trade Permits # Permit Fee Comments 3 Aboveground Swimming Pool $75.00 Additional permit fee of 0.415% 0.394% of contract / work order valuation over $16;989 $19,039; permit fee due at time of application. Fee Includes one inspection. Trade permits requiring plan review subject to a $55 plan review fee. 4 Burglar Alarm $75.00 5 Electric $75.00 6 Electrical $75.00 7 Electrical Service Change $75.00 8 Electrical Temporary Pole $75.00 9 Fence $75.00 10 Fuel Gas $75.00 11 In -fill Screening $75.00 12 Insulation $75.00 13 Irrigation System $75.00 14 Mechanical $75.00 15 Plumbing $75.00 16 Pool Barrier (excluding screened enclosure) $75.00 17 Pre -fabricated detached accessory structure $75.00 18 Residential Paving (Driveway, Patio Slab $75.00 19 Solar water or PV $75.00 Residential Specialty Permits # Permit Type Permit Fee Comments 20 Door / Window - Replacement / Hurricane Shutters $75.00 Fee includes up to 4 components or openings Additional permit fee of 0.415% 0.394% of contract / work order valuation over $889 $19,039; permit fee due at time of application. Fee Includes one inspection. Trade permits requiring plan review subject to a $55 plan review fee. 21 Door / Window - Replacement / Hurricane Shutters $200.00 Greater than 4 components or openings Additional permit fee of 0.415% 0.394% of contract/ work order valuation over $49 ,090 $50,765; permit fee due at time of application. 22 Garage door replacement - (1 Door) $75.00 $25 for each additional door in the same building / unit Additional permit fee of 8 415-% 0.394% of contract / work order valuation over $x,900 $19,039; permit fee due at time of application. Fee Includes one inspection. Trade permits requiring plan review subject to a $55 plan review fee. Page 2 of 4 Attachment 1 � Page 3 of 4 Attachment 1 N Level -1 Specialty Permits # Permit Type Permit Application Fee Comments 23 Aluminum Structures $200.00 Additional permit fee of 9.415-0,4 0.394% of contract / work order valuation over $49,999 $50,765; permit fee due at time of application. 24 Sin $200.00 25 Demolition $200.00 26 Deck, Dock or Seawall $200.00 27 Door or window replacement- Commercial $200.00 28 Garage doors replacement – Commercial $200.00 29 House Moving $200.00 Separate Alteration permit required for foundation and improvements at relocation site. 30 Hurricane Shutters - Commercial $225.00 31 Site -Built Accessory Structure $200.00 32 Commercial Paving $200.00 Level -2 Residential and Commercial Specialty Permits # Permit Type Application Fee Permit Fee Comments 33 34 Miscellaneous Permits: e.g: Fixed Station Generator Re -roofing _ $225.00 $225.00 Additional permit fee of 9.415% 0.394% of contract / work order valuation over $54,090 $57,108; permit fee due at time of application. 35 Residential Pool $225.00 — 36 Commercial Pool $200.00 $250.00 INSPECTION RELATED FEES FEE Comments 37 Re -inspection fee $45.00 [1] failure to comply with code/plan requirements. [2] unproductive inspector trip (unable to access the work or not ready for inspection). [3] Advisory Inspection requested by contractor or owner. 38 After -Hour Inspections $50 / hour. Minimum 4 -hour charge Must be arranged 2 days in advance. � Page 3 of 4 Attachment 1 N Page 4 of 4 Attachment 1 w Plan Review FEE Comments 1st and 2nd Application When content fails to meet sufficiency 39 / Plan Rejection / $100 each Requirement Check List (per state Modification statute). 3rd and subsequent Three times the original When content fails to meet sufficiency 40 Application / Plan pp e plan review fee (1/3 permit fee) Requirement Check List q (per state Rejection / Modification statute). 41 Revision - small format $50.00 one 8.5 x 11 sheet 42 Revision - large format $100.00 plan sheets - large format - or more than one 8.5x11 43 Pre -Application Design $100.00 Review Contractor Licensing FEE 44 Competency Card $50.00 Application Fee 45 Competency Card $50.00 Renewal Fee Administrative Service FEE Fees Comments Microfilm / Microfiche 46 Document Requests See Archive Request form Document Research 47 Digital Document See Archive Request form requests 48 Paper documents from database or copier 0.25* / 0.50** per page fee p p g 8.5x11*, 8.5x14*, 11x17** 491 Change of contractor $50.00 50 Change of sub- $20.00 contractor GENERAL INFORMATION Valuation Valuation is based on the greater of contract value or latest ICC valuation table or as otherwise acceptable to the Building Official for methodology specialty work not addressed by the ICC valuation table. The job valuation must include labor, overhead and profit. Valuation of total improvement (excluding land) shall be used. Any person who commences any work requiring a permit before obtaining the permit shall be subject to a penalty of one hundred percent Penalties (statutory). (100%) (Double) of the standard permit fee. The payment of such penalty shall not relieve any person(s) from complying with the requirement of the Building Code, the IRC Code of Ordinances, any applicable laws, or this resolution Multiple Buildings Multiple Buildings on one property: Work in common areas of buildings is individually permitted per building not per property. Refunds Permit and Permit Application fees are non-refundable. Page 4 of 4 Attachment 1 w I� �`Arz; up Leslie R. Swan Supervisor of Elections Indian River County September 22, 2016 The Honorable Bob Solari Board of County Commissioners Indian River County 1800 27`h Street Vero Beach, FL 32960 Dear Chairman Solari: The 2016 Legislature appropriated $3,000,000 from the Help America Vote Act (HAVA) funds to be distributed to Supervisors of Elections based on a formula using the number of active registered voters in each county as of the 2012 General Election's book closing. Enclosed please find a Certificate Regarding Matching Funds. This document certifies that the Indian River County Board of County Commissioners will provide matching funds for the Federal Election Activities Grant for FY 2016-2017. The matching funds are 15% of the amount to be received from the state. For Indian River County, the matching fund amount is $3,797.08. In order to receive the Federal Election Activities Funds, the Legislature requires that the Chairman of the Board of County Commissioners certify that the county will match the state funds of $ 25,313.85 with the 15% county match of $ 3,797.08. 1 have enclosed the Certificate Regarding Matching Funds for your signature. The matching funds have already been budgeted in the Supervisor of Elections FY 2016-2017 approved budget. Also, requires this fiscal year of 2016-2017, if a county plans on using the above HAVA funds to buy non-essential software and hardware technology such as electronic poll books, post-election audit tools or other emerging or enhancing type of technology as referenced in Attachment F, the Chainnan of the Board of County Commissioners will also have to first certify that the county has purchased and made available sufficient 4375 4311 Avealue • Vero l3each, FL 32967 1 Office: (772) 226-3440 1 Fax: (772) 770-5367 1 AgNN%•.vc)tc1ndianri��er.co�n 194 --- -- -- September 22, 2016 Page Two (2) equipment for casting and counting ballots to meet the needs of Indian River County electors for the next regularly scheduled general election. Our county has sufficient equipment for casting and counting ballots through the 2016 General Election. Please -execute the certificate and return it to our office at your earliest convenience. Thank you for your attention to this matter. Most sincerely, R 51*_ . Leslie Rossway Swan Supervisor of Elections 195 ATTACHMENT D of MOA 2016-2017-0001 Certificate Regarding Matching Funds I, Bob Solari .Chairman of the Board of County Commissioners of Indian River County, Florida, do hereby certify that the Board of County Commissioners will provide a specific county match fund in FY 2016-17 in an amount equal to or greater than 15% of the amount of the Federal Election Activities grant that the county Supervisor of Elections receives from the state, which for Indian River County is $ 3,797:08 I understand that if the Board fails to appropriate the additional matching funds, all funds received from the state for this grant during the 2016-2017 state fiscal year will be required to be returned to the Department of State. Chairman, Board of County Commissioners Date DS -DE 127 Revised 8/2016 196 ATTACHMENT F of MOA 2016-2017-0001 Certificate of Equipment for Casting and Counting Ballots We, Leslie R. Swan Supervisor of Elections and Bob Solari Chairperson of Board of County Commissioners, of Indian River County, Florida, do hereby certify that prior to the receipt and use of fiscal year 2016-2017 NAVA funds for the purchase of State -approved or certified (whichever is applicable) emerging or enhancing software or hardware technology as allowable per Attachment A, the county has purchased and made available sufficient equipment for casting and counting ballots to meet the needs of the county electors for the next regularly scheduled general election. If the Florida Department of State determines that there is insufficient equipment for casting and counting ballots for the next regularly scheduled general election as herein certified, we shall return the HAVA funds that were used to purchase other emerging or enhancing software and n, Board of County Commissioners 197 INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: September 27, 2016 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager o Subject: Fischer Lake Island Subdivision Phase 1 through 6 and Replat of 7 Petition Water Assessment Project UCP 4118, Public Hearing and the Adoption of Resolution No. III BACKGROUND On August 16, 2016, the Indian River County Board of County Commissioners (BCC) approved the adoption of Resolution 1(2016-072) and Resolution II (2016-073) for the Fischer Lake Island (FLI) Subdivision Phases 1 through 6 and Replat of 7, located north of CR -512 at the north end of Water Vliet Avenue in Sebastian. Since the adoption of Resolution I and II, staff mailed out certified letters to the sixty (60) property owners notifying them of the preliminary assessment roll and the subject public hearing. Included in the letter was an invitation to an informal meeting held on September 15, 2016, at the Fischer Lake Island Clubhouse where project details and financing options were discussed. Eight (8) property owners were present at the meeting, including the point of contact, Mr. Richard McCormick. ANALYSIS The FLI Subdivision has 60 parcels benefitting from the water main. The clubhouse tract located at the entrance to the FLI subdivision was excluded from the assessment project. The parcels vary in size. The average parcel size is 0.865 of an acre. Excluding the clubhouse, signed petitions in favor of the project were received from 42 of the 60 residential parcels, or 70.0% of the property owners. The 60 parcels according to tax records are zoned as follows: • 19 Vacant lots • 41 Single Family Residential parcels • 1 Clubhouse tract The BCC, in its capacity to oversee the assessment process, shall meet as the equalizing board to hear and consider any and all support for, or complaints against, the proposed special assessments, and it shall adjust and equalize the special assessments on the basis of justice and right according to Indian River County Ordinance Chapter 206 (Special Assessments). The City of Sebastian was notified August 15, 2016 of the subject proposed water assessment project in accordance with the 1995 Interlocal Agreement. No objections from the City have been received. The cost of the single lateral and the meter box for the clubhouse has been divided amongst the 60 residential parcels. If the clubhouse tract 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 total project cost is estimated at $486,424.20, which includes construction, surveying, engineering, administration and inspection. Therefore, F:\Utilities\UTILITY - Engineering\Projects - Assessment 198 Projects\OOOAssessments_2014_Proposed\FisherLakelslandWaterAssessment\WordDocuments\Agenda Resolution III Fisherlakelsland.docx an equal per parcel cost of $8,107.07 will be levied against all 60 benefitting parcels once Resolution No. III is adopted. Staff will apply for the Florida Department of Environmental Protection (FDEP) permit depending on the outcome of the adoption of Resolution III. If the BCC authorizes staff to move forward with the project after the Public Hearing, then staff anticipates the following schedule (please note that these dates are estimations and could be subject to change): ➢ Advertise for bids — November 2016 ➢ Award Contract—January 2017 ➢ Notice to Proceed (NTP) — February 2017 ➢ Substantial Completion —June 2017, or 120 calendar days from NTP ➢ Final Completion —July 2017, or 150 calendar days from NTP ➢ Final As -Built Resolution (Resolution IV) to BCC — September 2017 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`f ACCOUNT.NUMBER ; i4MOUNT.,F Fischer Lake Island Water Assessment 473-169000-15525 $ 486,424.20 RECOMMENDATION Open the public hearing and after receiving input, consider adopting Resolution No. III with any revisions based on that public input. Staff recommends that the BCC consider the following options: 1) Adopt Resolution No. 3 with the following Items: a. Cost per parcel of $8,107.07 b. Sixty (60) benefitting parcels as part of the special assessment lien C. For benefitting parcels above in point b, allow property owners to finance the capital cost of $8,107.07 for up to 10 years, payable in ten equal yearly installments at an annual interest rate of 5.00% (Set by the BCC each January). LIST OF ATTACHMENTS: 1. Confirming Resolution (Resolution No. III) 2. Assessment Roll BY: Jalbn 11 Brown County ministrator FOR: October 4, 2016 Date Indian River Co. Approve Date Administration jJ vi I Legal (1/ 10 %)410 Budget Utilities J Utilities -Finance �i 274 F:\Utilities\UTILITY - Engineering\Projects - Assessment 199 Projects\OOOAssessments_2014_Proposed\FisherLakelslandWaterAssessment\WordDocuments\Agenda Resolution—Ill Fish erLakelsland.docx Public Hearing (Third Reso.) RESOLUTION NO. 2016- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CONFIRMING THE SPECIAL ASSESSMENTS IN CONNECTION WITH 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; AND PROVIDING FOR SPECIAL ASSESSMENT LIENS TO BE MADE OF RECORD. Attachment 1 WHEREAS, the Board of County Commissioners of Indian River County ("Board") has, by Resolution No. 2016-072 adopted on August 16, 2016, determined to make special assessments against certain properties to be specially benefited and serviced by a water main extension ("Assessment Project") 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 ("the Assessment Area"); and WHEREAS, Resolution No. 2016-072 described the method of assessing the cost of the Assessment Project against the specially benefited properties in the Assessment Area and how the special assessments imposed on the specially benefited properties in the Assessment Area are to be paid; and WHEREAS, Resolution No. 2016-072 was published in the Indian River Press Journal on September 19, 2016, as required by Section 206.04, Indian River County Code; and WHEREAS, Resolution No. 2016-073, adopted by the Board on August 16, 2016, set a time and place for a public hearing at which the owners of the specially benefited properties in the Assessment Area to be assessed for the Assessment Project and other interested persons would have the chance to be heard as to any and all complaints as to the Assessment Project and the special assessments imposed on the specially benefited properties in the Assessment Area, and for the Board to act as required by Section 206.07, Indian River County Code; and WHEREAS, notice of the time and place of the public hearing was published in the Indian River Press Journal on September 19, 2016 and on September 26, 2016 (at least twice, one week apart; the last being at least one week prior to the hearing), as required by Section 206.06, Indian River County Code; and WHEREAS, the land owners of record were mailed notices on August 17, 2016 (at least ten days prior to the hearing), as required by Section 206.06, Indian River County Code; and WHEREAS, the Board, on Tuesday, October 4, 2016, at 9:05 a.m. (or as soon thereafter as the public hearing was heard) conducted the public hearing with regard to the special assessments; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 200 RESOLUTION NO. 2016- 1. The foregoing recitals are affirmed and ratified in their entirety. 2. The special assessments imposed for the Assessment Project against the specially benefited properties in the Assessment Area shown on the assessment roll attached hereto as Exhibit "A" and incorporated herein by this reference are hereby confirmed and approved, and shall remain legal, valid, and binding first liens upon and against the specially benefited properties shown on attached Exhibit "A" until paid in full. The special assessments for the Assessment Project shall constitute a lien against the specially assessed property in the Assessment Area equal in rank and dignity with the liens of all state, county, district or municipal taxes, and other non -ad valorem assessments. Except as otherwise provided by law, such special assessment lien shall be superior in dignity to all other liens, titles and claims, until paid. The special assessment lien shall be deemed perfected upon adoption by the Board of this Resolution and recordation of this Resolution in the Official Records of the County maintained by the Clerk of Indian River County. Such recordation shall constitute prima facie evidence of the validity of the special assessments imposed for the Assessment Project in the Assessment Area. 3. The special assessment imposed per parcel is in the amount of $8,107.07, and shall be due and payable and may be paid in full without interest within 90 days after the date of the passage of the as -built resolution by the Board. The as -built resolution occurs after completion of the improvements. If not paid in full within the 90 -day period from the passage of the as -built resolution, then the special assessment may be paid in ten equal yearly installments of principal plus interest; said interest rate to be determined by the Board when the improvements are completed. 4. The Board hereby finds and determines that the special assessments imposed in accordance with this Resolution and Resolution Nos. 2016-072 and 2016-073 provide an equitable method of funding the construction of the Assessment Project based upon the current uses, sizes, zoning and development potential of the parcels which are equally benefited by the provision of water, and thus the allocation of the assessment will be equal per parcel as described in Resolution No. 2016-072. The Board hereby finds and determines that the properties assessed by this Resolution will receive special benefits equal to or greater than the cost of the special assessment. 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 2 201 RESOLUTION NO. 2016 - The Chairman thereupon declared the resolution duly passed and adopted this day of October, 2016. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller M Deputy Clerk Approved as to form and legal suffici By Dyfgh Reingold, County Attorney BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Bob Solari, Chairman Attachment: Exhibit "A" - Assessment Roll (to be recorded on Public Records) t 3 202 n�vf/lI• I.I v L.I• I vLf /'1I• I IVILIV 1 Vf V I ILI I I JLn V l% -LJ FISCHER LAKE ISLAND ASSESSMENT PROJECT UCP 4118 PRELIMINARY ASSESSMENT ROLL — RESOLUTION 3 Exhibit A Parcel # 31381400008000200015.0 Assessment= $8,107.07 Owner MCCORMICK, RICHARD & HELENA Secondary Owner #1 Secondary Owner #2 Mailing Address 1567 EAGLES CIR SEBASTIAN FL 32958 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 ri,b'+. ,/ h,A' ..Y • '^' �� i�, -';qty }' :' ,,�r' - �r ygr•-..�y�yn. -.,u.—y,..-� ��.� w.. 'cl., �'�_' ; �_ - -r`, _'ir ;� 4'; "•i'ft �"�'Sr., ,pg 't` -.'"yam tl b � .• �� i eLa7*'a -F' (>' Y+. �' �i' �r.�" _� Parcel # 31381400008000200016.0 Assessment= $8,107.07 Owner STEIN, DAVID J & Secondary Owner #1 HILSBERG, MARSHALL L Secondary Owner #2 Mailing Address 1566 EAGLES CIR SEBASTIAN FL 32958 Legal FISCHER LAKE ISLAND PH I BLK/BLDG : BLK B LOT/UNIT : LOT 16 PBI/OR BK: PBI 15-55 Site Address 1566 EAGLES CIR 127 > 15 M Parcel # 31381400008000200017.0 Assessment= $8,107.07 Owner JONES, ROBERT E & NANCY J Secondary Owner #1 Secondary Owner #2 Mailing Address 356 LATHROP RD PLAINFIELD CT 06374-2018 Legal FISCHER LAKE ISLAND PH I BLK/BLDG : BLK B LOT/UNIT: LOT 17 PBI/OR BK: PBI 15-55 Site Address 1565 EAGLES CIR Page 1 Of 20 F'\Utilities\UTILITY - Engineering\Projects - Assessment Projects\OOOAssessments_2014_Proposed\Fisher-LakelsiandWaterAssessmen[\WordDocuments\PreliminaryAssessmentRoll RESOLUTION 3.docx Wednesdav, September 21, 2016 203 -�••••�•••��••..-+...�•• vel r�l•�I�ILI.1 VI VI/LII1 JLI\V1\.LJ FISCHER LAKE ISLAND ASSESSMENT PROJECT UCP 4118 PRELIMINARY ASSESSMENT ROLL — RESOLUTION 3 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 FL 32958-6470 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 ##sn,, ,r 4 �_.. ��._y. � ,fir "^';.�1; ;: 'ul :i;`+tYlrfi'#�''*.,{,.F X, ?�`h ? 3' - aw4y'„,-njty_ v-�E`•i y'S r. d'_ 4x x �:lY .-`Y.xS': %t`ti' �.s d ?;:.:?...-.-�'-'i4<wJ. �����:it."A'h'�u�_.y iL .34-F%L"�:. S,Y� ��� •,� �. ��`p,.'.-'.•;jig ��( -R "a. �.pf „�." - t szifiztas.tv..i..r:'' �_ .'%~'�'I 'Y"rY'�V�'. .-y+iviy'y',,`4 +nom - t,}".;Ty,'xy'"° Sy` qy'."d� •ks�_ Z-.F'� �4j},1:._ �Fip•.c., �,....-.. Parcel # 31381400008000200019.0 Assessment= $8,107.07 Owner SHAPIRO, ILAN A Secondary Owner #1 Secondary Owner #2 Mailing Address 1563 EAGLES CIR SEBASTIANFL 32958-6471 Legal FISCHER LAKE ISLAND PH 1 BLK/BLDG : BLK B LOT/UNIT : LOT 19 PBI/OR BK: PBI 15-55 Site Address 1563 EAGLES CIR ,:F4-a.---Y:a,��';s.. .'.•.-:?4 s.�.+0..'iik1„r:f-:'st A: . �lf'...t : �^ ' .r ,x.,�"' "� ted} ".'sem—illrzl� +Yl� pv f$^',wa1.�4a...w- c•'wx'.°'1_i33 Parcel # 31381400008000200020.0 Assessment= $8,107.07 Owner FUNNELL, SCOTT R (LE) & MICHELLE L (LE) Secondary FUNNELL, MICHELLE L (COTRS) Owner #1 Secondary FUNNELL, SCOTT R (COTRS) Owner #2 Mailing Address 1562 EAGLES CIR SEBASTIAN FL 32958 Legal FISCHER LAKE ISLAND PH I BLK/BLDG : BLK B LOT/UNIT : LOT 20 PBI/OR BK: PBI 15-55 Site Address 1562 EAGLES CIR Page 2 of 20 F'\Utilities\UTILITY - Engineering\Projects - Assessment Projects\OOOAssessments_2014_Proposed\Fisherlakel slandWaterAssessment\Word0ocuments\PrefiminaryAssessmentRoll _RESOLUTION 3.docx Wednesday,September 21, 2016 204 ..�.. ... .... �., ..vv... n vu ren IVILJ• I VI V 1 ILI 1 I JLn V II.LJ FISCHER LAKE ISLAND ASSESSMENT PROJECT UCP 4118 PRELIMINARY ASSESSMENT ROLL — RESOLUTION 3 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 CT 06450 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 xMY ''E .x�+-,i�iIw.`';�il w5'c.:.pit • Assessment= - uEc. { •. }'a3 Parcel # 31381400008000200022.0 _ $8,107.07 Owner JUDD, ROBERT L & EMILY M Secondary Owner #1 Secondary Owner #2 Mailing Address 1560 EAGLES CIR SEBASTIAN FL 32958 Legal FISCHER LAKE ISLAND PH I BLK/BLDG : BLK B LOT/UNIT : LOT 22 PBI/OR BK: PBI 15-55 Site Address 1560 EAGLES CIR Parcel # 31381400008000200023.0 Assessment= $8,107.07 Owner MCCABE, JOHN M & BARBARA J Secondary Owner #1 Secondary Owner #2 Mailing Address 1559 EAGLES CIR SEBASTIAN FL 32958 Legal FISCHER LAKE ISLAND PH I BLK/BLDG : BLK B LOT/UNIT : LOT 23 PBI/OR BK: PBI 15-55 Site Address 1559 EAGLES CIR Page 3 of 20 F•\Utilities\UTILITY- Engineering\Projects- Assessment Projects\000Assessments__2014_Proposed\FisherLakeIsla nclWaterAssLssment\Word Doc uments\Prel iminaryAssessmentRoII RESOLUTION 3.docx .Wednesday, September 21, 2016 205 .. ..-.. ... .... .... vv v.. • • vv• �•• • •�•LI. 1 VI V I ILI I 1 JLI\ V I<.LJ �� ti4t'^i FISCHER LAKE ISLAND ASSESSMENT PROJECT UCP 4118 PRELIMINARY ASSESSMENT ROLL — RESOLUTION 3 Parcel # 31381400008000300004.0 Assessment= $8,107.07 Owner LEOPOLD, WALLACE K (TR)(50%)(TOK)& Secondary Owner #1 LEOPOLD, TONI LYONS LEWIS (TR)(5O%) Secondary Owner #2 Mailing Address 1532 ERICA'S WAY SEBASTIAN FL 32958 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 27+ ;y 31381400009000100017.0 Parcel # Assessment= $8,107.07 Owner Confidential Secondary Owner #1 Secondary Owner #2 Mailing Address Legal FISCHER LAKE ISLAND PHASE TWO BLK/BLDG : BLK A LCT/UNIT: LOT 17 PBI/OR BK: PBI 15-73 Site Address Parcel # 31381400009000100018.0 Assessment= $8,107.07 Owner HEMP, CHARLES C & RUTH F Secondary Owner #1 Secondary Owner #2 Mailing Address 1518 EAGLES CIR SEBASTIAN FL 32958 Legal FISCHER LAKE ISLAND PHASE TWO BLK/BLDG : BLK A LOT/UNIT: LOT 18 PBI/OR BK: PBI 15-73 Site Address 1518 EAGLES CIR Page 4 of 20 F•\Utilities\UTILITY - Engineering\Projects - Assessment Projects\OOOAssessments_201'4_Proposed\FisherLakelslaiidWaterAssessnlent\WordDocuments\PrelirninaryAssessmentRoll_RESOLUTION_3.docx Wednesday, September 21, 2016 206 I��v�i ��• •�� ��• �.vv111 1 vLl I.11• I I11L11 1 VI v I I" I 1 JL I\ V M LJ r�*�•"•+;�,/ FISCHER LAKE ISLAND ASSESSMENT PROJECT UCP 4118 PRELIMINARY ASSESSMENT ROLL — RESOLUTION 3 I'M Parcel # 31381400009000100019.0 Assessment= $8,107.07 Owner PETERSEN, LAURA & PHILIP R Secondary Owner #1 Secondary Owner #2 Mailing Address 1519 EAGLES CIR SEBASTIAN FL 32958-6471 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 f - ' Parcel # 31381400009000100020.0 Assessment= $8,107.07 Owner WALSH, PHYLLIS (LE) Secondary Owner #1 WALSH, PHYLLIS (TR) Secondary Owner #2 Mailing Address 1520 EAGLES CIR SEBASTIAN FL 32958 Legal FISCHER LAKE ISLAND PHASE TWO BLK/BLDG : BLK A LOT/UNIT: LOT 20 PBI/OR BK: PBI 15-73 Site Address 1520 EAGLES CIR Parcel # 31381400009000100021.0 Assessment= $8,107.07 Owner FERGUSON, LAWRENCE (TRS)(TOK) & LINDA LEE (TRS)(TOK) Secondary Owner #1 Secondary Owner #2 Mailing Address 1521 EAGLES CIR SEBASTIAN FL 32958 Legal FISCHER 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\UTILITY - Engineering\Projects - Assessment Projects\OOOAssessrrrents_2014_Proposed\FislierLai:eislandWaterAssessment\VlrordDocuments\PreliminaryAssessmentRoll_RESOLUTION_3.docx Wednesday, September 21, 201E 207 v�•i1111 •�I�I�I v1 vIIL111 JLI\Y I\.LJ—•••-�•. FISCHER LAKE ISLAND ASSESSMENT PROJECT UCP 4118 PRELIMINARY ASSESSMENT ROLL — RESOLUTION 3 4;0 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 FL 32958 Legal FISCHER LAKE ISLAND PHASE TWO BLK/BLDG : BLK A LOT/UNIT : LOT 22 PBI/OR BK: PBI 15-73 Site Address 3+ Sl®rW. 1522 EAGLES CIR � IR V .� .a t ^ e+ ;1. . R§{� e 41 y +.k Assessment= rtu'.a S 4�. 1i T�:��� Parcel # 31381400009000100023.0 oaE $8,107.07 Owner CHRISTENSEN, DAVID H & RACHEL A Secondary Owner #1 Secondary Owner #2 Mailing Address 1126 SHORE ACRES DR ALBERT LEA MN 56007 Legal FISCHER LAKE ISLAND PHASE TWO BLK/BLDG : BLK A LOT/UNIT : LOT 23 PBI/OR BK: PBI 15-73 Site Address 1523 EAGLES CIR Parcel # Assessment= 31381400009000100024.0 $8,107.07 Owner ADKINS, DANIEL KEVIN & SUSAN MYRA & Secondary Owner #1 ADKINS, JOSHUA CODY Secondary Owner #2 ADKINS, MEGAN ROSE Mailing Address 1524 EAGLES CIR SEBASTIAN FL 32958 Legal FISCHER LAKE ISLAND PHASE TWO BLK/BLDG : BLK A LOT/U NIT: LOT 24 PBI/OR BK: PBI 15-73 Site Address 1524 EAGLES CIR Page 6 of 20 F•\Utilities\UTILITY - Engineering\Projects - Assessment Projects\OOOAssessments_2014_Proposed\Fisiierlakelsland WaterAssessment\WorcsDocuments\PreliminaryAssessmentRoll_RESOLUTION_3.docx Wednesday, September 21, 2016 208 .. ... ..... .... v.. �.v �•. • • •+a-• I-••• • •�ILI� • V� V (ILI I 1 JLI% V 1%.LJ FISCHER LAKE ISLAND ASSESSMENT PROJECT UCP 4118 PRELIMINARY ASSESSMENT ROLL – RESOLUTION 3 Parcel # 31381400009000100025.0 Assessment= $8,107.07 Owner VIZCARRA, CARLOS A & GENOVEVA Secondary Owner #1 Secondary Owner #2 Mailing Address 1525 EAGLES CIR SEBASTIAN FL 32958 Legal FISCHER LAKE ISLAND PHASE TWO BLK/BLDG : BLK A LCT/UNIT: LOT 25 PBI/OR BK: PBI 15-73 Site Address 1525 EAGLES CIR —0— A�Muvvw WE W-1—ya'am Parcel # 31381400009000100026.0 Assessment= $8,107.07 Owner SELLIMAN, VICTOR GEORGE Secondary Owner #1 Secondary Owner #2 Mailing Address 1526 EAGLES CIR SEBASTIAN FL 32958 Legal FISCHER LAKE ISLAND PHASE TWO BLK/BLDG : BLK A LOT/UNIT : LOT 26 PBI/OR BK: PBI 15-73 Site Address 1526 EAGLES CIR a - Parcel # 31381400009000200031.0 Assessment= $8,107.07 Owner BIRO, JOHN V & REGINA Secondary Owner #1 Secondary Owner #2 Mailing Address 1551 EAGLES CIR SEBASTIAN FL 32958 Legal FISCHER 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\OOOAssessments_2014_Proposed\FisherLakeisland Water-Assessment\WordDocuments\PreliminaryAssessmentRoll_RESOLUTION_3.docx Wednesday, September 21, 2016 209 .. ... ..... .... �.. .... ..... . vim. r-..�..•���• wow 1 lug 1 a FISCHER LAKE ISLAND ASSESSMENT PROJECT UCP 4118 PRELIMINARY ASSESSMENT ROLL — RESOLUTION 3 Parcel # 31381400009000200032.0 Assessment= $8,107.07 Owner KING, JOSEPH & AMANDA Secondary Owner #1 Secondary Owner #2 Mailing Address 1550 EAGLES CIR SEBASTIAN FL 32958 Legal FISCHER LAKE ISLAND PHASE TWO BLK/BLDG : BLK B LOT/UNIT : LOT 32 PBI/OR BK: PBI 15-73 Site Address 1550 EAGLES CIR Parcel # Assessment= 31381400010000100012.0 $8,107.07 Owner WASILUS, SUSAN G Secondary Owner #1 Secondary Owner #2 Mailing Address 199 OLD FORGE HOLLOW RD BANTAN CT 06750 Legal FISCHER LAKE ISLAND PHASE THREE SUB BLK/BLDG : BLK A LOT/UNIT : LOT 12 PBI/OR BK: PBI 16-70 Site Address 1512 EAGLES CIR Parcel # 31381400010000100013.0 $8,107.07 Assessment= Owner JOHNSON, SHARON P Secondary Owner #1 Secondary Owner #2 Mailing Address 5311 NW 84TH AVE LAUDERHILL FL 33351 Legal FISCHER 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 20 F \Utilities\UTILITY - Engineering\Projects - Assessment Projects\OOOAssessments_2014_Proposed\FisherLakelslandWaterAssessment\Word Documents\Pr'eliminaryAssessmentRoll RESOLUTION_3.docx Wednesday, September 21; 2016 .210 ---_.. ... .... .... .... ...... vim. •..\....�.�1 vl v11 L111 JLI\VI\.LJ �`•'.'�p`'+ FISCHER LAKE ISLAND ASSESSMENT PROJECT UCP 4118 PRELIMINARY ASSESSMENT ROLL — RESOLUTION 3 \' i•,AMt10-,, 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 FL 32958 Legal FISCHER LAKE ISLAND PHASE THREE SUB BLK/BLDG : BLK A LOT/UNIT: LOT 14 PBI/OR BK: PBI 16-70 Site Address 1514 EAGLES CIR Parcel # 31381400010000100015.0 Assessment= $8,107.07 Owner MAITNER, JOHN A & SUSAN L Secondary Owner #1 Secondary Owner #2 Mailing Address 1514 EAGLES CIR SEBASTIAN FL 32958 Legal FISCHER LAKE ISLAND PHASE THREE SUB BLK/BLDG : BLK A LOT/UNIT : LOT 15 PBI/OR BK: PBI 16-70 Site Address 1515 EAGLES CIR Parcel # 31381400010000100016.0 Assessment= $8,107.07 Owner DURANDO, RAYMOND M & M DIANNE Secondary Owner #1 Secondary Owner #2 Mailing Address 1516 EAGLES CIR SEBASTIAN FL 32958 Legal FISCHER 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\UTILITY - Engineering\Projects - Assessment Projects\OOOAssessments_2014_Proposed\FisherLakelsiand WaterAssessment\WordDocuments\PreliminaryAssessmentRoll_RESOLUTION_3.docx Wednesday. September 21, 2016 211 ... ...rr�r v. vrrrrr r JLrY L.LJ -'r FISCHER LAKE ISLAND ASSESSMENT PROJECT UCP 4118 PRELIMINARY ASSESSMENT ROLL — RESOLUTION 3 2oiGo`./ Parcel # 31381400010000200011.0 Assessment= $8,107.07 Owner PALMER, JOHN D & Secondary Owner #1 JOHNSTON, SARA Secondary Owner #2 Mailing Address 1571 EAGLES CIR SEBASTIAN FL 32958 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 HIM M-NIN Parcel # 31381400010000200012.0 Assessment= $8,107.07 Owner VENAZIO, MICHAEL & BARBARA Secondary Owner #1 Secondary Owner #2 Mailing Address 1570 EAGLES CIR SEBASTIAN FL 32958 Legal FISCHER LAKE ISLAND PHASE THREE SUB BLK/BLDG : BLK B LOT/UNIT : LOTS 12 & 13 PBI/OR BK: PBI 16-70 Site Address 1570 EAGLES CIR Parcel # Assessment= $8,107.07 31381400010000200014.0 Owner HILL, RONALD E & MARILYN W Secondary Owner #1 Secondary Owner #2 Mailing Address 1568 EAGLES CIR SEBASTIAN FL 32958 Legal FISCHER 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_2014_Proposed\ Fish erLakeIsland WaterAssessment\WordDoc uments\PreliminaryAssessmentRol I RESOLUTION 3.docx Wednesday, September 21. 2016 212 n%vIr%n Iu V u% IV I 1 — ULrMF%1 IVICIV 1 yr V I ILI IT .3rnV ILt.5 FISCHER LAKE ISLAND ASSESSMENT PROJECT UCP 4118 PRELIMINARY ASSESSMENT ROLL — RESOLUTION 3 Ft 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 FL 32958 Legal FISCHER LAKE ISLAND PHASE FOUR SUB BLK/BLDG : BLK A LOT/UNIT : LOT 9 PBI/OR BK: PBI 17-12 Site Address 1509 EAGLES CIR rt. Parcel # i��n�b°++F� ' �" : ,U�l..a5'�: 31381400011000100010.0 TM�.•' _.may.,.. _ .L�WN' R ' �� Assessment= $8,107.07 Owner LINN, CAROLE R & Secondary Owner #1 SHELDON, SUSAN E Secondary Owner #2 Mailing Address 1510 EAGLES CIR SEBASTIAN FL 32958 Legal FISCHER LAKE ISLAND PHASE FOUR SUB BLK/BLDG : BLK A LOT/UNIT: LOT 10 PBI/OR BK: PBI 17-12 Site Address 1510 EAGLES CIR 31381400011000100011.0 Parcel # Assessment= $8,107.07 Owner CAMPOLO, PATRICK A & CHERYL L Secondary Owner #1 Secondary Owner #2 Mailing Address 17072 NW 15TH ST PEMBROKE PINES FL 33028 Legal FISCHER 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\OOOAssessments_2014_Proposed\FisherLakelslandWaterAssessment\WordDOCLlnlents\PreliminaiyAssessmentRoll RESOLUTION 3.docx Wednesday, September 21, 2016 213 FISCHER LAKE ISLAND ASSESSMENT PROJECT UCP 4118 PRELIMINARY ASSESSMENT ROLL — RESOLUTION 3 j`' Parcel # 31381400011000200024.0 Assessment= $8,107.07 Owner EMBORSKY, DENNIS M 8t KATHERINE A Secondary Owner #1 Secondary Owner #2 Mailing Address 1558 EAGLES CIR SEBASTIAN FL 32958 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 Parcel # 31381400011000200025.0 Assessment= $8,107.07 Owner ANTONELLI, PETER J & Secondary Owner #1 MALICKI, CAROL F Secondary Owner #2 Mailing Address 28 JENNIFERS WAY ROCKY HILL CT 06067 Legal FISCHER LAKE ISLAND PHASE FOUR SUB BLK/BLDG : BLK B LOT/UNIT : LOT 25 PBI/OR BK: PBI 17-12 Site Address 1557 EAGLES CIR Parcel # 31381400011000200026.0 Assessment= $8,107.07 Owner MISLICK, GARY W (TR) Secondary Owner #1 Secondary Owner #2 Mailing Address 1555 EAGLES CIR SEBASTIAN FL 32958 Legal FISCHER 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 - Engineering\Projects - Assessment Projects\OOOAssessments_2014_Proposed\FisherLakelslandWaterAssessment\WordDocuments\PreliminaryAssessmentRoll _RESOLUTION_3.docx Wednesday, September 21, 2016 214 •.. v.r�.• •.. r �1• ..vvlr 1 I VLI I"11• I I�IL111 1 VI V I ILI 1 1 JLI\ V I%.LJ FISCHER LAKE ISLAND ASSESSMENT PROJECT UCP 4118 PRELIMINARY ASSESSMENT ROLL — RESOLUTION 3 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 FL 32958 Legal FISCHER LAKE ISLAND PHASE FOUR SUB BLK/BLDG : BLK B LOT/UNIT : LOT 27 PBI/OR BK: PBI 17-12 Site Address 1555 EAGLES CIR Parcel # 31381400011000200028.0 Assessment= $8,107.07 Owner MISLICK, GEORGIA F (TR) Secondary Owner #1 Secondary Owner #2 Mailing Address 1555 EAGLES CIRCLE SEBASTIAN FL 32958 Legal FISCHER LAKE ISLAND PHASE FOUR SUB BLK/BLDG : BLK B LOT/UNIT : LOT 28 PBI/OR BK: PBI 17-12 Site Address 1554 EAGLES CIR Parcel # 31381400011000200029.0 $8,107.07 Assessment= Owner MCCORMICK, RICHARD J & HELENA B Secondary Owner #1 Secondary Owner #2 Mailing Address 1567 EAGLE CIRCLE SEBASTIAN FL 32958 Legal FISCHER 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 20 F•\Utilities\UTILITY - Engineering\Projects - Assessment Projects\000Assessments_2014_Proposed\FisherLakelsland WaterAssessrnent\WordDocumen ts\PreIiminaryAssessmentRoll RESOLUTION_3.docx Wednesday, September 21, 2016 215 ...�.. ... ...-�.. .. v..• . vr. •�... •.1LI�1 vl v11L111 JLI\V 1\.LJ ��,• _'4C FISCHER LAKE ISLAND ASSESSMENT PROJECT UCP 4118 PRELIMINARY ASSESSMENT ROLL — RESOLUTION 3 Parcel # 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 FL 33305 Legal FISCHER LAKE ISLAND PHASE FOUR SUB BLK/BLDG : BLK B LOT/UNIT : LOT 30 PBI/OR BK: PBI 17-12 Site Address 1552 EAGLES CIR Parcel # 31381400012000100005.0 $8,107.07 Assessment= Owner CAPP, MICHAEL P & ELIZABETH A & Secondary ARNOLD, LEO & EILEEN L Owner #1 � Secondary Owner #2 Mailing Address 9610 RIVERVIEW DR SEBASTIAN FL 32976 Legal FISCHER LAKE ISLAND PHASE FIVE SUB BLK/BLDG : BLK A LOT/UNIT : LOT 5 PBI/OR BK: PBI 17-37 Site Address 1505 EAGLES CIR Parcel # 31381400012000100006.0 Assessment=$8,107.07 Owner FISCHER, HENRY ANDREW & JUDY H Secondary Owner #1 Secondary Owner #2 Mailing Address 1506 EAGLES CIR SEBASTIAN FL 32958 Legal FISCHER 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\FisherLakelslandWaterAssessnlent\Word Documents\PrelirninaryAssessmentRoll RESOLUTION 3.docx Wednesday, September 21. 2016 216 ...�.. ... . .. r.. ..v v... • vr• r'•.••.�Irl� l v• v I1r11 1 JLI\Y1�.{-J 'TM�•�+�•JG�t FISCHER LAKE ISLAND ASSESSMENT PROJECT UCP 4118 PRELIMINARY ASSESSMENT ROLL — RESOLUTION 3 ; '�.... 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 FL 32958 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 Parcel # 31381400012000100008.0 Assessment= $8,107.07 Owner RODRIGUEZ, DAVID & CLAUDIA Secondary Owner #1 Secondary Owner #2 Mailing Address 1508 EAGLES CIRCLE SEBASTIAN FL 32958 Legal FISCHER LAKE ISLAND PHASE FIVE SUB BLK/BLDG : BLK A LOT/UNIT: LOT 8 PBI/OR BK: PBI 17-37 Site Address 1508 EAGLES CIR Parcel # 31381400012000200004.0 Assessment= $8,107.07 Owner LIU, JIAN LONG Secondary Owner #1 Secondary Owner #2 Mailing Address 798 CLEARMONT ST SEBASTIAN FL 32958 Legal FISCHER LAKE ISLAND PHASE FIVE SUB BLK/BLDG : BLK B LOT/UNIT : LOT 4 PBI/OR BK: PBI 17-37 6iteAddress 1578 EAGLES CIR Page .15 of 20 F•\Utilities\UTILITY - Engineering\Projects - Assessment Projects\000Assessments_2014_Pro posed\Fisherl-akeIsla nd WaterAssessment\Word Doc uments\PrelimInaryAssessmentRoll_RESOLUTION_3.docx Wednesday, September 21, 2016 217 ...�.. ... .... r.. vvv..1. vL1 �I•I tv.-VI VI vIILIII JL. I%VI%.LJ 1�;+•'_,:��4 FISCHER LAKE ISLAND ASSESSMENT PROJECT UCP 4118 PRELIMINARY ASSESSMENT ROLL — RESOLUTION 3 Parcel # 31381400012000200005.0 Assessment= $8,107.07 Owner TONIOLI, ANTHONY & LORY Secondary Owner #1 Secondary Owner #2 Mailing Address 1577 EAGLES CIR SEBASTIAN FL 32958 Legal FISCHER LAKE ISLAND PHASE FIVE SUB BLK/BLDG : BLK B LOT/U NIT: LOT 5 PBI/OR BK: PBI 17-37 Site Address 1577 EAGLES CIR Parcel # 31381400012000200006.0 NUNN Assessment= $8,107.07 Owner QUOKA, KAREN L (TR)(50%)(TOK) & Secondary Owner #1 QUOKA, JOHN (TR)(50%)(TOK) Secondary Owner #2 Mailing Address 1576 EAGLES CIRCLE SEBASTIAN FL 32958 Legal FISCHER LAKE ISLAND PHASE FIVE SUB BLK/BLDG : BLK B LOT/L1 NIT: LOT 6 PBI/OR BK: PBI 17-37 Site Address 1576 EAGLES CIR Parcel # Assessment= $8,107.07 31381400012000200007.0 Owner SERAFIN, MELINDA (TR) Secondary Owner #1 Secondary Owner #2 Mailing Address 1575 EAGLES CIR SEBASTIAN FL 32958-6471 Legal FISCHER 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 Projects\OOOAssessments_2014_Proposed\FisherLakelslandW ate rAssessment\Word Dow rnents\PreliminaryAssessmentRol l_RESOLUTION _3.docx Wednesday, September 21, 2016 218 .......n.. .0 r �'• a.vvl• I I "Lf P1Ilk I IVI9-11 I Vf v I ILI 11 JCI\ V 1% -LJ FISCHER LAKE ISLAND ASSESSMENT PROJECT UCP 4118 PRELIMINARY ASSESSMENT ROLL — RESOLUTION 3 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 GA 30067 Legal FISCHER LAKE ISLAND PHASE FIVE SUB BLK/BLDG : BLK B LOT/UNIT : LOT 8 PBI/OR BK: PBI 17-37 Site Address 1574 EAGLES CIR Parcel # 31381400012000200009.0 Assessment= $8,107.07 Owner RILEY, ROBERT E & Secondary WHITMORE, SHIRLEYJ Owner #1 Secondary Owner #2 Mailing Address 1573 EAGLES CIR SEBASTIAN FL 32958 Legal FISCHER LAKE ISLAND PHASE FIVE SUB BLK/BLDG : BLK B LOT/UNIT : LOT 9 PBI/OR BK: PBI 17-37 Site Address 1573 EAGLES CIR Parcel # 31381400012000200010.0 Assessment= $8,107.07 Owner FORTE, NEIL M & MARIA Secondary Owner #1 Secondary Owner #2 Mailing Address 1572 EAGLES CIR SEBASTIAN FL 32958 Legal FISCHER LAKE ISLAND PHASE FIVE SUB BLK/BLDG : BLK B LOT/UNIT : LOT 10 PBI/OR BK: PBI 17-37 Site Address 1572 EAGLES CIR Page 17 of 20 F \Utilities\UTILITY - Engineering\Projects - Assessment Projects\000Assessments_2014_Proposed\FisherLakelsIandWaterAssessment\WordDoc umen ts\P rel iminaryAssessmentRol l RESOLUTION 3.docx Wednesday, September 21, 2016 219 .. ... .. ... ...�v.• vv �.�• I vL1 �I••I• LI•I v1 vIILII I JLI\YII.LJ ;f��'-�4G^�., FISCHER LAKE ISLAND ASSESSMENT PROJECT UCP 4118 PRELIMINARY ASSESSMENT ROLL — RESOLUTION 3;' 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 EAGLES CIR Parcel # 31381400013000100002.0 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 2 PBI/OR BK: PBI 18-12 Site Address 1502 EAGLES CIR Parcel # 31381400013000100003.0 Assessment= $8,107.07 Owner FORMAN, MARK Secondary Owner #1 Secondary Owner #2 Mailing Address 14 DUDLEY GARDENS UK W13 9LT Legal FISCHER LAKE ISLAND SUB PH 6 BLK/BLDG : BLK A LOT/UNIT : LOT 3 PBI/OR BK: PBI 18-12 Site Address 1503 EAGLES CIR Page 18 Of 20 F•\Utilities\UTILITY - Engineering\Projects - Assessment Projects\OOOAssessments_2014_Proposed\FisherlakelslandWaterAssessrnent\WordDocuments\PrelirninaryAssessmentRoll RESOLUTION 3.docx Wednesday, September 21, 2016 220 •• �.�.. •.. •... r.. vv v... . vLI !ll• I MLI\ 1 vl v 1 ILI 1 1 JLI\ V 1\.LJ FISCHER LAKE ISLAND ASSESSMENT PROJECT UCP 4118 PRELIMINARY ASSESSMENT ROLL — RESOLUTION 3 Parcel # 31381400013000100004.0 Assessment= $8,107.07 Owner CANNON, RACHEL 1 Secondary Owner #1 Secondary Owner #2 Mailing Address 1504 EAGLES CIR SEBASTIAN FL 32958 Legal FISCHER LAKE ISLAND SUB PH 6 BLK/BLDG : BLK A LOT/UNIT : LOT 4 PBI/OR BK: PBI 18-12 Site Address 1504 EAGLES CIR Parcel # 31381400013000200001.0 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 B LOT/UNIT : LOT 1 PBI/OR BK: PBI 18-12 Site Address 1581 EAGLES CIR Parcel # 31381400013000200002.0 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 B LOT/UNIT : LOT 2 PBI/OR BK: PBI 18-12 Site Address 1580 EAGLES CIR Page 19 of 20 P\Utilities\UTILITY - Engineering\Projects - Assessment Projects\OOOAssessments_2014_Proposed\FisherLakelslandWaterAssessment\WordDocuments\PreliminaryAssessmentRoll RESOLUTION 3.docx Wednesday, September 21, 2016 221 ��rv�/"\I. 1\�r L�•�.vv1Y11 VLI MI\1IYILIYI VI VIILIII JLI\VII.LJ �XGNtr FISCHER LAKE ISLAND ASSESSMENT PROJECT UCP 4118 PRELIMINARY ASSESSMENT ROLL— RESOLUTION 3 05, ,r� 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 FL 32958 Legal FISCHER LAKE ISLAND SUB PH 6 BLK/BLDG : BLK B LOT/UNIT : LOT 3 PBI/OR BK: PBI 18-12 Site Address 1579 EAGLES CIR Parcel # 31381400015000300001.0 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 REPLAT OF PH SEVEN BLK/BLDG : BLK C LOT/UNIT : LOT 1 PBI/OR BK: PBI 25-14 Site Address 1527 EAGLES CIR Parcel # 31381400015000300002.0 Assessment= $8,107.07 Owner TREMBLAY, BENOIT & KAREN Secondary Owner #1 Secondary Owner #2 Mailing Address 568 CONCHA DR SEBASTIAN FL 32958 Legal FISCHER 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_2014_Proposed\Fisherl-ake Isla ndWaterAssessm ent\Word Doc uments\Prel iminaryAssessmentRol l_RESOLUTION_3.docx Wednesday, September 21, 2016 222 T •—:i rrr'c'°'°f"=� ice.- 11�rLl RECE " 'r r "'3r. Item # BY —4�eput eput �' �� .r •.' } r 44 —177 t . s�_ ' q`'`, . Y ..> ``� "' t ^� i P � ' �� � �.� i >3.� Ii 7 �.y:.�, ,I ' _`'*� `i%�� �. [ •� } M , �F j $` •�-+�l,r �r 4 �'` � \ . 41 3 xP >< ., .s A3 ., r 3'{' �, ,. « Y' w. , } , �.iM ♦.1 �• ! , I; 'R ; - L � ..t � FS ,` 'b �*„�� � � r` � �, •' � ~ ` tt, � _ 'r, , r -^'K A„ � y ...' . .'^f .�5fy .ay t �• �1.. - .. r k- .. rr'tr }.•*' •• J' , 1, . • - - ' WR L._1 : �}•A ••i ,i c 3� T e t � S + ". ,194 r' .. `, se N • ,e. 7}6� t � RENEWED AND APPROVED BY: J 4 •C, ' GORDON E. SPARKS. FL. P.E. No. 23161 R'"°'°" M Do'* ' ® INDIAN RIVER COUNTY DEPARTMENT OF �rt a, I w CONSTRUCTION PLAN FISCHER LAKE ISLAND . k -� Z UTILITY SERVICES WATER ASSESSMENT PROJECT NORTH SEBASTIAN se y Petrels Mail, Won N CimstmctionCost Estimate .,,$459,554. Surveying, ;!U, Engmeeringli Administration $26,870. 4 - TOTAL PROJECT M" COST ESTIMaE - S486,424. Number of Pay.rcels - 60.00,2.� Last-p*_erParcell - S8,107.01 —y 1, L Tn How We Got Here No -initial Request to evaluate the feasibility of County water received September, 2014. lo -Received valid petition July, 2015. No -BCC approved to secure MM&T and Lstart design August, 2015. lo- Met with HCA board members February, 2016. Io -BCC adopted Res I & 11 August 16, 2016. 0 -Informational Meeting at Clubhouse held on September 15, 2016 10416 22 ZI I- 10416 22 ZI I- BCC Req nest • - ••o @M Possible water Provide • Meter; 1 ERU; fountain @ Canoe HZO • Who pays?? Launch • No sewer. • Where does the runoff go? • vandalism • Cost Est: $3,000. Fire Hydrants to Provide • Cost Est: $4,000 supplement the HZO to fight each conservation area potential • Should not be along Watervliet fires. part of the Ave. Assessment. 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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: 430626 1h Avenue, Vero Beach SUBJECT MATTER FOR DISCUSSION: IS A PRESENTATION PLANNED? IS BACK-UP BEING PROVIDED IS THIS AN APPEAL OF A DECISION WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? Wanda Scott, Gifford Economic Development Council PHONE: 453-3181 Updating Gifford Community Activities YES YES YES 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 X Hand Delivered Phone COUNTY ADMINISTRATOR. MEETING DATE: NO NO NO NO E. Brown ber 4, 2016 Document2 Board Approved 11/7/06 223 1. 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: Bryant Jenks and Geoff Wolf of Old Sugar Mill Estates ADDRESS: 4885 13'h Lane Vero Beach, FL PHONE: 772-538-9173 SUBJECT MATTER FOR DISCUSSION: Commercial Event Ordinance 911.15(8)(b) IS A DIGITAL PRESENTATION PLANNED? IS BACK-UP BEING PROVIDED IS THIS AN APPEAL OF A DECISION YES NO YES NO YES NO WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? Denial of Temporary Permit*See Not Below ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? a YES NO WHAT FUNDS OR ACTIVITIES ARE None REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form E -Mail Fax Mail Hand Delivered Phone COUNTY ADMINISTRATOR: E. Brown MEETING DATE: F-Tounty Admin%EXecAot\AGENDA\Pub1ic Discussion Items Forrn.doc Board Approved 11/7/06 Note: Discussion on this item will be limited to the ordinance itself and not any specific permit. Per Bill DeBraal, Deputy County Attorney 224 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: Brian Heady ADDRESS: 406 19`h Street, Vero Beach PHONE: 772-6964242 SUBJECT MATTER FOR DISCUSSION: Wrongful charges against beachfront property owners IS A PRESENTATION PLANNED? IS BACK-UP BEING PROVIDED IS THIS AN APPEAL OF A DECISION YES NO YES NO YES NO WHAT RESOLUTION ARE YOU' REQUESTING OF THE COMMISSION? Corrective action by County Commission ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? a YES a NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form X E -Mail Fax Mail Hand Delivered Phone COUNTY ADMINISTRATOR: E. Brown MEETING DATE: /October 4, 2016 Documem4 Board Approved 11/7/06 225 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator FROM: Stan Boling, A!9P; Community Development Director DATE: September 26, 2016 SUBJECT: Notice of Scheduled Public Hearing for Upcoming Board Meeting It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of October 4, 2016. DESCRIPTION AND CONDITIONS: Please be advised that the following public hearing item has been scheduled for Board consideration: October 11, 2016 1. Consideration of Amendments to Land Development Regulations (LDRs) Chapters 901 (Definitions), 911 (Zoning), and 971 (Specific Land Use Criteria) to Establish Regulations for Medical Marijuana Treatment Centers [Legislative] RECOMMENDATION: The above referenced public hearing item is provided for the Board's information. No action is needed at this time. APPROVED AGENDA ITEM: FOR: BY: Indian River Co. Apprgyed Date Admin. Legal Budget Dept. /1'3 2/4'/no Risk Mgr. MAAGENDA\Current Year\2016\Notice of Public Hearing 100416.docx 226 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: The Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: John King, Director e FROM: Brian Burkeen, Assistant Fire Chief► DATE: September 22, 2016 SUBJECT: Notice of Public Hearing for an Application for a Certificate of Public Convenience and Necessity for a Class E 1 Certificate from Stellar Transport to Provide Wheelchair and Non -Emergency Stretcher Transportation Originating in Indian River County A public hearing will be held on October 11, 2016 pursuant to Chapter 304 of the Indian River County Code, for the purpose of considering the application of Stellar Transport to provide Wheelchair and Non -Emergency Medical transport services origination within Indian River County. An application for a Class El Certificate of Public Convenience and Necessity to provide Wheelchair and Non -Emergency Medical transport services has been received from Stellar Transport. Stellar Transport is requesting this certificate to allow their units to transport wheelchair and non -emergency stretcher clients/patients from Indian River County. APPROVED FOR AGENDA FOR: i F. Brown Administrator Indian River Co. Approved Date Legal Budget Dept. 1.2? • (4 Risk Mgr. General Svcs. 227 )0+ Office of the INDIAN RIVER COUNTY Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator ADMINISTRATOR MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E. Brown County Administrator DATE: September 13, 2016 SUBJECT: Meetings of the Indian River County Board of County Commissioners Proposed 2017 Meeting Dates Attached for the Board of County Commissioners consideration is a proposed schedule of Board meeting dates for 2017. Staff requests direction from the Board. APP FOR 228 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION 2017 MEETING DATES January 10, 2017 January 17, 2017 January 24, 2017 February 7, 2017 February 14, 2017 February 21, 2017 March 7, 2017 March 14, 2017 March 21, 2017 April 4, 2017 April 11, 2017 April 18; 2017 ` May 2, 2017. , May 9, 2017 May 16, 2017 May 23, 2017 June 6, 2017 June 13, 2017 9:00 A.M. June 20, 2017 July 11, 2017 July 18, 2017 August 15, 2017 September 12, 2017 September 19, 2017 October 3, 2017 October 10; 2017 October 17, 2017 �� October 24, 2017 N -,November 7, 2017 November 14, 2017 November 21, 2017 December 5, 2017 December 12, 2017 December 19, 2017 Draft 2017 BCC Meeting Dates 229 INDIAN RIVER COUNTY MEMORANDUM TO: Jason E. Brown County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, Al P Community Development Director FROM: Roland M. DeBlois, AICPIW> Chief, Environmental Planning DATE: September 26, 2016 RE: Consideration of a Notice of Intent to Sell from Triple S Land Company and the County's First Negotiation Rights to Acquire the Triple S Ranch Under the County's Conservation Easement It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting of October 4, 2016. DESCRIPTION AND CONDITIONS In December 2007, the Board of County Commissioners acquired conservation easements over two adjacent ranches in western Indian River County under the County's environmental lands program: the Triple S Ranch (±702 acres) and the Padgett Creek Ranch (±885 acres) [see maps, Attachment 1]. Since that time, county staff has conducted periodic monitoring visits to both ranches and has confirmed that the ranches are being maintained in accordance with the County's easements. Under the deed of easement from Triple S Land Company (a.k.a. Triple S Ranch), the County has no maintenance or improvements obligations and the owner has the obligation to "...preserve and protect in perpetuity the conservation values of the property..." (see Attachment 3). The same provision is contained in the deed of easement from Padgett Creek LLC (a.k.a. Padgett Creek Ranch). Since the County acquired the easements, both ranch owners have regularly hosted Indian River Land Trust guided tours on the property and youth hunting programs. Recently, Mr. Varley Grantham, president of the Triple S Land Company, notified county staff of his intent to sell the Triple S Ranch (see Attachment 2 to this report). Mr. Grantham provided notice in accordance with terms of the County's conservation easement, which includes the following (see Attachment 3, Article III, Paragraph G of the easement): "... if Grantor intends to sell the Property... Grantor [Triple S] shall deliver to Grantee [County] notice of such intent, and shall, in good faith, afford grantee an opportunity to negotiate the acquisition of the Property or such portion thereof or interest that Grantor intends to sell (herein 230 "Grantee's First Negotiation Rights'). If grantee desires to negotiate the acquisition of the Property... Grantee shall so notify Grantor within 30 days after receipt of grantor's notice of intent. " To that end, this matter is now being presented for the Board to consider whether or not it is interested in negotiating fee simple acquisition of the Triple S Ranch property, as an alternative to maintaining its conservation easement with any new/different private owner that may acquire the ranch. ANALYSIS The County's "first negotiation rights" specified in the Triple S conservation easement are subordinate to a "first right of refusal" agreement between Triple S and Padgett Creek LLC entered into prior to the County's acquisition of the easement. As of the writing of this report, Mr. Grantham has advised staff of no indication from Padgett Creek LLC of Padgett Creek's interest in acquiring the Triple S property. According to the Property Appraiser's website, the estimated market value of the Triple S Ranch property for tax assessment purposes, as restricted by the conservation easement, is $2,263,470. Conservation easement vs. fee simple public ownership As staff reported to the Board in 2007 when the County acquired the conservation easement, there are trade-offs when comparing the purchase of a conservation easement to fee simple acquisition. In purchasing the conservation easement (less than fee simple), the County did not gain the benefit of public access (except for four educational outings each year allowed under the Triple S easement). The upside of the conservation easement is that the County is protecting the site for less than the cost of fee ownership and does not incur management costs (other than periodic compliance monitoring). Also, the property stays on the County's tax rolls. Under Triple S Ranch's current ownership, the ranch has been competently maintained consistent with the County's conservation easement, which has resulted in the protection and management of resources at no management cost to the County. If the County chooses not to exercise its first negotiation rights to acquire the property, the easement will continue to run with the land, and whoever acquires the property will be obligated to maintain the property in accordance with the terms of the County's conservation easement. Staff's position is that the conservation easement is serving the public interest and resulting in the conservation and management of natural resources in a regional corridor warranting protection. It is also staff's position that, because the site is remote from the vast majority of County citizens, the public access benefits that could accrue from fee simple acquisition are minimal. In addition, it should be noted that the County's land acquisition fund balance (as of 8/31/16) is $116,837, an amount that can be used for initial improvements to lands already acquired but too small for an acquisition. Finally, staff s finding is that fee simple acquisition of the property would result in acquisition and management costs that are unneeded to meet County objectives that are already being accomplished under the easement. RECOMMENDATION Staff recommends that the Board of County Commissioners refrain from exercising its first negotiation rights and authorize staff to notify Mr. Grantham that the County is not interested in fee simple acquisition of the Triple S Ranch property. 231 ATTACHMENTS 1. Maps of Triple S Ranch 2. Triple S Notice of Intent to Sell 3. Triple S / County Deed of Conservation Easement APPROVED: FOR: tober 4 0 BY: MALAACTadgett Branch\Triple S NOI to sell BCC item 10-4-16.doc 3 I.R. County r D to Admin. 9 Legal Risk Mgr. 4.3T--/ Budget 2 Dept. Risk Mgr. 232 a A AcimENT 1 234 MY 1 235 P.•r J 4x �� . - 5� � r / w& .Air �56789 7p> �q3>�l / RECEIVED M SEP 2016 m COMMUNITY v DEVEl.OP11E 1 zt,ZCz7 Zd�'��� e ►^ Y u"Zoo" w R ece'l .le d as Poy, Ye v- 4 e', 4).e. — A+y, 7-4,s � s 44y of T s� '�p pa -1 ey a. e--�) tA -A/ & e x .P L4, $A ATTACHMENT 2 236 1892910 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2229 PG: 679, 12/20/2007 03:31 PM DOC STAMPS D $34386.80 Instrument prepared by and Should be returned to the County Attorney's Office, 1801 27°i Street, Vero Beach, FL DEED OF CONSERVATION EASEMENT THIS GRANT OF CONSERVATION EASEMENT is made December 2007, by TRIPLE S LAND COMPANY, whose address is 1925 Lakeside Dr., Orlando, Florida 32803 ("Grantor"), in favor of INDIAN RIVER COUNTY, a political subdivision of the State of Florida, c/o Community Development Department, 1801 27th Street, Vero Beach, Florida 32960 ("Grantee"). The terms "Grantor" and "Grantee' shall include the singular and the plural, and the heirs, successors and assigns of Grantor and Grantee, and the provisions of this easement shall be binding upon and inure to the benefit of Grantor, Grantee and their heirs, successors and assigns. BACKGROUND RECITALS A. Grantor is the sole owner in fee simple of certain real property in Indian River County, Florida, more particularly described in Exhibit A attached hereto and incorporated by reference (hereinafter, the "Property"). B. Grantor and the Grantee mutually recognize the special character of the Property and have the common purpose of conserving certain values and character of the Property by conveyance to the Grantee of a perpetual conservation easement on, under, over, and across the Property, to conserve the character of the Property, continue certain farming, ranching and low density residential uses existing at the time of this conservation easement and identified in the baseline documentation or as reserved by Grantor herein that do not significantly Impair the character of the Property, and prohibit certain further development activity on the Property. C. The specific conservation values of the Property are documented in the "Baseline Inventory Report for the Triple S. Land Company Conservation Easement Tract in Indian River County, Florida", dated December J_�L, 2007 ("Baseline Documentation"), which consists of reports, maps, photographs, and other documentation that the parties agree provide, collectively, an accurate representation of the Property at the time of this grant, and which is intended to serve as an objective information baseline for monitoring compliance with the terms of this grant. The Baseline Documentation is maintained in the offices of the Indian River County Community Development Department and is incorporated by this reference. A copy of the Baseline Documentation will be provided to Grantor at closing and will be available from Grantee on request. A copy of a map of the Property as contained within the Baseline Documentation is attached hereto as Exhibit "B° and is incorporated by reference. 1 1 237 BK: 2229 PG: 680 D. Grantee is a governmental body authorized under the provisions of section 704.06, Florida Statutes, to hold conservation easements for the preservation and protection of land in its natural, scenic, historical, agricultural, forested, or open space condition. E. Grantee agrees by accepting this grant to honor the intentions of Grantor stated herein and to preserve and protect in perpetuity the conservation values of the Property for the benefit of this generation and the generations to come. F. The fact that any use of the Property that is expressly prohibited by the terms of this Easement may become greatly more economically valuable than uses allowed by the terms of this Easement, or that neighboring properties may, in the future, be put entirely to uses that are not allowed by this Easement has been considered by Grantor in granting this Easement and by Grantee in accepting it. NOW THEREFORE, to achieve the foregoing purposes, and in consideration of $10.00 and other good and valuable consideration, including but not limited to the above and the mutual covenants, terms, conditions, and restrictions contained herein, the receipt and sufficiency of which is acknowledged, and pursuant to the laws of Florida, and in particular section 704.06, Florida Statutes, but without intending the validity of this Easement to be dependent on the continuing existence of such laws, Grantor hereby voluntarily grants and conveys to Grantee a conservation easement in perpetuity over the Property of the nature and character and to the extent hereinafter set forth ("Easement" or "Conservation Easement"). ARTICLE I. DURATION OF EASEMENT This Conservation Easement shall be perpetual. It is an easement in gross, runs with the land, and is enforceable by Grantee against Grantor, Grantor's personal representatives, heirs, successors and assigns, lessees, agents, and licensees. ARTICLE II. PURPOSE OF EASEMENT It is the purpose of this Easement to assure that the Property will be retained forever in its natural, scenic, wooded condition to provide a relatively natural habitat for fish, wildlife, plants or similar ecosystems, and to preserve portions of the Property as productive farmland and forest land that sustains for the long term both the economic and conservation values of the Property and its environs, through management guided by the following principles: • Protection of scenic and other distinctive rural character of the landscape; • Maintenance and enhancement of native wildlife and game habitat; • Protection of unique and fragile natural areas and rare species habitats; • Maintenance of the value of the resource in avoiding land fragmentation; • Protection of surface water quality, the Floridan Aquifer, wetlands, and riparian areas. 2 238 BK: 2229 PG: 681 The above purposes are hereinafter sometimes referred to as "the Conservation Purposes". Grantor intends that this Easement will confine the use of the Property to such activities as are consistent with the Conservation Purposes of this Easement and identified in Article V. ARTICLE III. RIGHTS GRANTED TO THE GRANTEE To accomplish the Conservation Purposes of this Easement the following rights are conveyed to Grantee by this Easement: A. The right to enforce protection of the conservation values of the Property; B. All future residential, commercial, industrial and incidental development rights that are now or hereafter allocated to, implied, reserved, or inherent in the Property except as may be specifically reserved to Grantor in this Easement. The parties agree that such rights are hereby terminated and extinguished and may not be used on or transferred to other property. Neither the Property nor any portion thereof may be included as part of the gross area of other property not subject to this Easement for the purposes of detennining density, lot coverage, or open space requirements, under otherwise applicable laws, regulations or ordinances controlling land use and building density. No development rights that have been encumbered or extinguished by this Easement shall be transferred to any other lands pursuant to a transferable development rights scheme or cluster development arrangement or otherwise, nor shall any development rights or density credits be transferred onto the Property from other property. C. The right to enter upon the Property at reasonable times in order to monitor compliance with and otherwise enforce the terms of this Easement; provided that such entry shall be upon prior 48 hours prior notice to Grantor, and Grantee shall not unreasonably interfere with Grantor's use and quiet enjoyment of the Property. To effectuate the foregoing right, and the Limited Access right granted in Article VII for the benefit of Grantee and the public, as set forth therein, the Grantor has recorded in Official Records Book Z.2 J. Page kQ0 . Public Records of Indian River County, Florida, . that certain "First Amendment to Access Easement Agreement" to amend the "Access Easement Agreement° recorded in Indian River County in Official Records Book 1261, Page 1597 D. The right to prevent any activity on or use of the Property that is inconsistent with the Conservation Purposes or provisions of this Easement and to require the restoration of or to restore such areas or features of the Property that may be damaged by any inconsistent activity or use, at Grantor's cost. E. The right of ingress and egress to the Property. F. The right to have the ad valorem taxes, assessments and any other charges on the Property paid by Grantor. 3 G. A_ right to notice of intent to sell. The terms of this right are such that if 239 BK: 2229 PG: 682 Grantor intends to sell the Property, or any interest therein or portion thereof, Grantor shall deliver to Grantee notice of such intent, and shall, in good faith, afford Grantee an opportunity to negotiate the acquisition of the Property, or such portion thereof or interest therein that Grantor intends to sell (herein "Grantee's First Negotiation Rights"). If Grantee desires to negotiate the acquisition of the Property, or such portion thereof or interest therein, Grantee shall so notify Grantor within 30 days after receipt of Grantor's notice of intent. If Grantor and Grantee are unable, in good faith to agree to terms of an acquisition of the Property, or such interest therein or portion thereof as applicable, within 120 calendar days thereafter, Grantee shall send written notice thereof to Grantor ("Paragraph G Notice"). Thereafter, Grantor may sell the Property free of Grantee's First Negotiation Rights granted herein; provided, however, that closing on such sale shall occur within one year of the date of the Paragraph G Notice. If the Property, or such portion thereof or interest therein as is applicable, has not sold within one year after the Paragraph G Notice, then any intent to sell the Property thereafter shall require renewed notice to Grantee, and Grantee shall comply with the notice obligations imposed herein. This right of notice shall not be triggered by sales or transfers between Grantor and lineal descendants of Grantor or entities in which Grantor owns a majority of the controlling interests. The right of notice granted herein applies to the original Grantor and to said original Grantor's successors and assigns. Any purchaser or transferee takes title to the fee encumbered by this Conservation Easement. G.1. Grantee acknowledges that there currently exists a Right of First Refusal dated March 1, 1999 between Triple "S" Cattle Company, a Florida corporation, predecessor in interest to Grantor hereunder and Padgett Creek LLC, , evidenced by that certain Notice of Right of First Refusal, dated March 4, 1999, and recorded in Official Records Book 1261, Page 1607, Public Records of Indian River County, Florida (the " Right of First Refusal"). The Right of First Refusal remains in full force and effect as of the date of the execution of this Deed of Conservation Easement. Grantee further acknowledges that Grantee's First Negotiation Rights are subordinate to the Right of First Refusal. Grantor and Grantee acknowledge and agree that, solely for the purpose of granting this Conservation Easement, the Property shall be released and discharged from the Right of First Refusal as more specifically set forth in that certain "Partial Release Of Lands Subject To Notice Of Right Of First Refusal ' executed in recordable from by and between Grantor hereunder and Padgett Creek LLC and recorded in Official Records Book 2ZL9 . Page , Public Records of Indian River County, Florida. Thereafter, any purchaser or transferee under the Right of First Refusal takes title to the fee encumbered by this Conservation Easement. G.2. In the event Grantee acquires fee interest in the Property, this Conservation Easement shall not merge into the fee simple estate, and Indian River County as Grantee covenants to take all necessary steps to assure that the estates do not merge. H. The right to be indemnified by Grantor for any and all liability, loss, damage, 240 BK: 2229 PG: 683 expense, judgment or claim (including a claim for attorney fees) arising out of any negligent or willful action or activity resulting from the Grantor's use and ownership of or activities on the Property or the use of or activities of Grantor's agents, guests, lessees or invitees on the Property unless solely due to the negligence of Grantee or its agents, in which case liability shall be prorated accordingly. Pursuant to Florida Statutes section 704.06(10)(2006), the ownership or attempted enforcement of rights held by Grantee does not subject the Grantee to any liability for any damage or injury that may be suffered by any person on the Property or as a result of the condition of the Property encumbered by a Conservation Easement. Further, nothing in this Conservation Easement shall be deemed or construed as a waiver of the sovereign immunity of Indian River County as Grantee. 1. The right to be indemnified by Grantor for any liability for injury or property damage to persons on the Property arising out of any condition of the Property known to the Grantor to the best of Grantor's knowledge unless solely due to the negligence of Grantee or its agents, in which case liability shall be prorated accordingly. Pursuant to Florida Statutes section 704.06(10)(2006), the ownership or attempted enforcement of rights held by Grantee does not subject the Grantee to any liability for any damage or injury that may be suffered by any person on the Property or as a result of the condition of the Property encumbered by a Conservation Easement. Further, nothing in this Conservation Easement shall be deemed or construed as a waiver of the sovereign immunity of Indian River County as Grantee. J. The right to have the Property maintained as reflected on the Baseline Documentation, as the Property may develop through the forces of nature hereafter, subject only to the exercise of Grantor's Reserved Rights, and the Rights Granted to the Grantee, as described in this Easement. K. If Grantor fails to cut and remove timber damaged by natural disaster, fire, infestation or the like, then Grantee has the right, but not the duty„ in its sole discretion to cut and remove said timber. Any such cutting and removal by Grantee shall be at the expense of Grantee and all proceeds from the sale of any such timber shall inure to the benefit of Grantee. ARTICLE IV. PROHIBITED USES The Property shall be maintained to preserve the Conservation Purposes of this Easement. Without limiting the generality of the foregoing Grantor agrees that the following uses and practices, though not an exhaustive recital of inconsistent uses and practices, are expressly prohibited or restricted: A. No soil, trash, liquid or solid waste (including sludge), or unsightly, offensive, or hazardous materials, wastes or substances, toxic wastes or substances, pollutants or contaminants, including, but not limited to, those as now or hereafter defined by federal or Florida law defining hazardous materials, wastes or substances, toxic wastes or substances, pollutants or contaminants shall be dumped or placed on the Property. 5 241 BK: 2229 PG: 684 This prohibition shall not be construed to include reasonable amounts of waste generated as a result of allowed activities. B. The exploration for and extraction of oil, gas, minerals, dolostone, peat, muck, marl, limestone, limerock, kaolin, fuller's earth, phosphate, common clays, gravel, shell, sand and similar substances (all of the foregoing, collectively, "Minerals") either directly or indirectly by Grantor or on Grantor's behalf or with the joinder or consent of Grantor in any application for a permit so to do, under and by virtue of the authority of a grant or reservation or other form of ownership of or interest in or control over or right to such substances, except as reasonably necessary to combat erosion or flooding, or except as necessary and lawfully allowed for the conduct of allowed activities. As the holder of this Conservation Easement, Grantee acknowledges that it has no right to explore for or extract any Minerals from the Property.. C. Activities that will be detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and native wildlife habitat preservation unless otherwise provided in this Easement. There shall be no dredging of new canals, construction of new dikes, manipulation of natural water courses, or disruption, alteration, pollution, depletion, or extraction on the Property of existing surface or subsurface water flow or natural water sources, fresh water lakes, ponds and pond shores, marshes, creeks or any other water bodies, nor any activities or uses conducted on the Property that would be detrimental to water purity or that could alter natural water level or flow in or over the Property. Provided, however, Grantor may continue to operate, maintain, or replace existing ground water wells incident to allowed uses on the Property, subject to legally required permits and regulations. D. Acts or uses detrimental to the preservation of the structural integrity or physical appearance of any portions of the Property having historical or archaeological significance. Grantor shall notify the Florida Department of Historical Resources or its successor ("FDHR") if historical, archaeological or cultural sites are discovered on the Property, and any sited deemed to be of historical or archaeological significance shall be afforded the same protections as significant sites known to exist at the time of entering into this easement. Grantor will follow the Best Management Practices of the Division of Historic Resources, as amended from time to time. E. The removal, destruction, cutting, trimming, mowing, alteration or spraying with biocides of trees, shrubs or other natural vegetation, including but not limited to cypress trees, except as otherwise specifically provided in this Easement. There shall be no planting of nuisance exotic or non-native plants as listed by the Exotic Pest Plant Council (EPPC) or its successor. The Grantor shall, to the extent practical, control and prevent the spread of nuisance exotics or non-native plants on the Property. Grantor hereby grants to Grantee the right, in Grantee's sole discretion and at Grantee's expense, to develop and implement an exotic plant removal plan for the eradication of exotics or non-native plants on the Property. Under no circumstances, shall this right conveyed to Grantee be construed to diminish Grantor's responsibilities under this paragraph or as an obligation of the Grantee. 6 BK: 2229 PG: 685 F. Commercial or industrial activity, or ingress, egress or other passage across or upon the Property in conjunction with any commercial or industrial activity including but not limited to, swine, dairy and poultry operations and confined animal feed lot operations. G. New construction or placing of temporary or permanent buildings, mobile homes or other structures in, on or above the ground of the Property except as may be necessary by Grantor for maintenance or normal operations of the Property or during emergency situations or as may otherwise be specifically provided for hereinafter. For purposes of this paragraph the term "emergency" shall mean those situations that will have an immediate and irreparable adverse impact on the Conservation Purposes. H. The construction or creation of new roads or jeep trails except as reserved hereafter. I. There shall be no operation of motorized vehicles except on established trails and roads unless necessary: (i) to protect or enhance the purposes of this Easement, (ii) for emergency purposes, (iii) for cattle ranching purposes, (iv) to retrieve game that has been hunted legally, and (v) for other uses reserved by Grantor in this agreement J. Areas currently improved for agricultural activities as established by the Baseline Documentation may continue to be used for those activities. Areas that are currently in improved pasture as depicted in the Baseline Documentation shall not be converted to more intense agricultural use except as reserved hereafter. Lands that are depicted in the Baseline Documentation as being natural areas shall remain natural areas. K. Actions or activities that may reasonably be expected to adversely affect threatened or endangered species. L. Any subdivision of the land except as may otherwise be provided in this Easement. M. There shall be no signs, billboards, or outdoor advertising of any kind erected or displayed on the Property, except that Grantee may erect and maintain signs designating the Property as land under the protection of Grantee, signs that identify the property, and signs relating to the uses on the Property. N. There shall be no commercial water wells on the Property. O. There shall be no commercial timber harvesting on the Property except as reserved hereafter. P. There shall be no wireless telecommunication tower facilities on the Property. 7 243 BK: 2229 PG: 686 ARTICLE V. GRANTOR'S RESERVED RIGHTS Grantor reserves to Grantor, and to Grantor's personal representatives, heirs, successors, and assigns, the following specified rights, which are deemed to be consistent with the purpose of the Easement. The exercise of the Reserved Rights shall be in full accordance with all applicable local, state and federal law, as amended from time to time, as well as in accordance with the purposes of this Easement. A. The right to observe, maintain, photograph, introduce and stock native fish or native wildlife on the Property, to use the Property for non-commercial hiking, camping, and horseback riding and similar activities consistent with the Conservation Purposes of this Conservation Easement, so long as the same do not constitute a danger to Grantee's employees, agents, officers, and invitees, and so long as such activities do not violate any of the prohibitions applicable to the Property or Grantee's rights, as stated above. Without limiting.the generality of the foregoing, Grantor has the specific reserved right to use the Property for native wildlife mitigation, provided, however, that any and all native wildlife mitigation is accomplished solely in accordance with all then -current best management practices of the Florida Fish and Wildlife Conservation Commission, or other successor agency. Grantor reserves, and shall continue to own, the hunting and fishing rights on, or related to, the Property and Grantor may lease and sell privileges of such rights. B. The right to conduct controlled or prescribed burning on the Property; provided, however, that Grantor shall obtain and comply with a prescribed fire authorization from the local and state regulatory agencies having jurisdiction over controlled or prescribed burning. C. The right to mortgage the Property; provided, however, that the mortgagee's lien shall be inferior to and lower in priority than this Easement; and further provided that Grantor shall obtain a written, recordable instrument from any such lender or mortgagee, that acknowledges that the Property is encumbered by this Conservation Easement and that any mortgage is subordinate to the Conservation Easement and any mortgagee in possession shall be bound by this Conservation Easement as a successor in interest to Grantor. D. The right to contest tax appraisals, assessments, taxes and other charges on the Property. E. The right to continue to use, maintain, repair, reconstruct, or relocate existing buildings, barns, dog pens, outbuildings, fences, roads, ponds, drainage ditches and such other facilities on the Property as depicted in the Baseline Documentation subject to all then applicable development, building, and zoning requirements and restrictions of Indian River County; provided that the right to relocate is limited to areas identified as improved pasture in the Baseline Documentation. In the event of the relocation of buildings, barns, dog pens, outbuildings, fences, roads, ponds, drainage ditches and 8 244 BK: 2229 PG: 687 such other facilities, the original site of these facilities shall be returned to pasture or native vegetation by Grantor at Grantor's sole cost and expense. Grantor may construct new fences and facilities related to the grazing of livestock in the improved pasture identified in the Baseline Documentation. Grantor may construct a siloh with a maximum height of 35 (thirty-five) feet on the Property provided it is located in the improved pasture identified in the Baseline Documentation and its location is approved by Grantee, such approval may not be unreasonably withheld. Grantor may enlarge existing buildings, barns, dog pens and outbuildings up to one hundred twenty (120) percent of the footprint as of the date of this Conservation Easement. F. The right to exclusive use of the improvements depicted in the Baseline Documentation. G. The right to continue existing agricultural practices as depicted in the Baseline Documentation. It is understood that grazing has occurred throughout the Property and the grazing of cattle, sheep, horses, and other livestock is a reserved right of the Grantor; haying has occurred in the areas identified as improved pasture in the Baseline Documentation, sod farming has occurred on a limited area of the improved pasture as identified in the Baseline Documentation; and the planting of trees for silviculture purposes has occurred in the improved pasture. Grantor may use commonly accepted fertilizers, pesticides and herbicides only in the improved pasture areas, so long as Grantor uses the foregoing in accordance with agricultural best management practices as may be adopted from time to time by the Florida Department of Agriculture and Consumer Services ("FDACS") or its successor. The planting of trees in the improved pasture for silviculture purposes is reserved by Grantor. Grantor may not cut down trees in the improved pasture unless such trees were specifically planted for silviculture purposes. H.1. The right to construct two new residences in the area identified as improved pasture in the Baseline Documentation, at least one of which shall be located north of Padgett Creek, and the right to subdivide these two residential parcels into two new tax parcels of twenty (20) acres each subject to approval by Indian River County in accordance with all then applicable subdivision requirements for parcels of twenty (20) acres. Each residence shall be subject to all then applicable development, building, and zoning requirements and restrictions of Indian River County. In such event, Grantor shall prepare and provide to the Grantee a revised legal description of the Property and legal descriptions for the new tax parcels (Revised Exhibit "A") and the revised exhibit shall be recorded as an allowed amendment to this Conservation Easement. H.2. Each parcel created and each residence shall be subject to all then applicable development, building, and zoning requirements and restrictions. Uses related and accessory to any residence may be established, provided such, uses comply with all then applicable development, building, and zoning requirements and restrictions. Upon the Grantor notifying the Grantee of the decision to build a residence, Grantee shall release two (2) acres of the applicable residential parcel from this Conservation Easement encumbrance without additional charges or compensation. The remaining 18 9 245 BK: 2229 PG: 688 acres shall remain subject to this Conservation Easement. Grantor shall provide a sketch and legal description of the applicable released two (2) acres. H.3. If the Property is divided into new tax parcels and transferred, as provided herein, and events occur with respect to a transferred portion of the Property that cause Grantee to invoke its rights or remedies, Grantee's rights and remedies shall be limited to the transferred portion of the Property and the owner of such transferred portion. Similarly, if events occur with respect to the retained portion of the Property that cause Grantee to invoke its rights or remedies, Grantee's rights and remedies shall be limited to the retained portion of the Property and the owner of such retained portion. H.4. New wires, lines, pipes, cables or other linear facilities providing electrical, gas, water, sewer, communications or other utility services to the allowed new or relocated residences may be installed, maintained, repaired, removed, relocated and replaced and Grantor may grant easements over and under the Property for such purposes subject to all then applicable development, building, and zoning requirements and restrictions of Indian River County. Septic or other underground sanitary systems serving the residences permitted herein may be installed, maintained, repaired, or improved in accordance with applicable laws, regulations, and ordinances subject to all then applicable development, building, and zoning requirements and restrictions of Indian River County. For each new or relocated residence Grantor may construct and maintain a permeable road as a driveway if one does not already exist subject to all then applicable development, building, and zoning requirements and restrictions of Indian River County. ARTICLE VI. GRANTEE'S REMEDIES A. Remedies. If Grantee determines that Grantor is in violation of the terms of this Easement or that a violation is threatened, Grantee shall give written notice to Grantor of such violation and demand corrective action sufficient to cure the violation and, where the violation involves injury to the Property resulting from any use or activity inconsistent with the purpose of this Easement, to restore the portion of the Property so injured. If Grantor fails to cure the violation within thirty (30) days after receipt of notice thereof from Grantee, or under circumstances where the violation cannot reasonably be cured within a 30 -day period, fails to begin curing such violation within the 30 -day period, or fails to continue diligently to cure such violation until finally cured, Grantee may bring an action at law or in equity in a court of competent jurisdiction to enforce the terms of this Easement, to enjoin the violation, ex parte as necessary, by temporary or permanent injunction, to recover any damages to which it may be entitled for violation of the terms of this Easement or injury to any conservation values protected by this Easement, including damages for the loss of scenic, aesthetic, or environmental values, and to require the restoration of the Property to the condition that existed prior to any such injury. Without limiting Grantor's liability therefor, Grantee, in its sole discretion, may apply any damages recovered to the cost of undertaking any corrective action on the Property. If Grantee, in its sole discretion, determines that circumstances require io 246 BK: 2229 PG: 689 immediate action to prevent or mitigate significant damage to the conservation values of the Property, Grantee may pursue its remedies under this paragraph without prior notice to Grantor or without waiting for the period provided for cure to expire. Grantee's rights under this paragraph apply equally in the event of either actual or threatened violations of the terms of this Easement, and Grantor agrees that Grantee's remedies at law for any violation of the terms of this Easement are inadequate and that Grantee shall be entitled to the injunctive relief described in this paragraph, both prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Grantee's remedies described in this paragraph shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. B. Grantee's Discretion. Enforcement of the terms of this Easement shall be at the discretion of Grantee, and any forbearance by Grantee to exercise its rights under this Easement in the event of any breach of any term of this Easement by Grantor shall not be deemed or construed to be a waiver by Grantee of such term or of any subsequent breach of the same or any other term of this Easement or of any of Grantee's rights under this Easement. No delay or omission by Grantee in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waiver. C. Waiver of Certain Defenses. Grantor hereby waives any defense of estoppel, adverse possession, or prescription. D. Acts Beyond Grantor's Control. Nothing contained in this Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Property resulting from causes beyond Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes. E. Hold Harmless. Grantor shall hold harmless, indemnify, and defend Grantee and its members, directors, officers, employees, agents, and contractors and the heirs, personal representatives, successors, and assigns of each of them (collectively "Indemnified Parties") from and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including, without limitation, reasonable attorney fees, arising from or in any way connected with: (1) injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition, or other matter related to or occurring on or about the Property, regardless of cause, unless due solely to the negligence of any of the Indemnified Parties; (2) the obligations specified in paragraph VIII.A. and VIII.B.; and (3) the existence or administration of this Easement. F. Grantor's Environmental Warranty. li 247 BK: 2229 PG: 690 F.I. Nothing in this Conservation Easement shall be construed as giving rise to any right or ability in Grantee to exercise physical or management control over the day- to-day operations of the Property, or any of Grantor's activities on the Property, or otherwise to become an operator with respect to the Property within the meaning of The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended ("CERCLA") or any corresponding state and local statute or ordinance. F.2. Grantor warrants, at the time this Conservation Easement is executed, that it has no actual knowledge of a release or threatened release of any material, substance or waste now or hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment, (all of the foregoing, collectively, "Hazardous Materials") on the Property, other than those Hazardous Materials now or hereafter lawfully used by Grantor in connection with Grantor's current and future operation and use of the Property as such use and operation are permitted hereunder. Grantor hereby covenants to indemnify and hold Grantee harmless from any and all losses, costs, claims (without regard to its merit), liabilities or expenses (including reasonable attorneys' fees) (all of the foregoing, collectively, "Damages") arising from or with respect to any release of Hazardous Materials or violation of environmental laws. F.3. Except as permitted to be used or released by Grantor pursuant to Subsection F.2. above, at any time after the effective date of this Conservation Easement there occurs a release in, on, or about the Property of any Hazardous Materials , Grantor agrees to take all steps that may be required under federal, state, or local law necessary to assure its containment and remediation, including any cleanup. ARTICLE VII. NO PUBLIC ACCESS The granting of this Easement does not convey to the public the right to enter the Property for any purpose whatsoever, and Grantee will cooperate with Grantor in the enforcement of this prohibition. Notwithstanding the foregoing, Grantor will allow bird watching, cultural, and educational outings sponsored by non-profit organizations and schools that are able to provide appropriate supervision, and liability insurance in amounts and coverage sufficient to protect Grantor's interests, in Grantor's discretion (which liability insurance will either insure Grantor directly or will name Grantor as an additional insured) in the maximum number of four (4) outings each year by members of the public (herein "Limited Access") under such conditions, and at such times, that are solely as determined by the Grantor. Grantor and Grantee specifically acknowledge and agree that: (i) multiple temporally -related Limited Access outings occurring within a four (4) consecutive day period shall be aggregated within a specific Limited Access category such that, for example, if all the 5 graders in Indian River County schools visit the Property in multiple outings over four (4) consecutive days, all such outings shall be considered as one (1) outing of the four (4) outings allowed per year hereunder; and (ii) the Grantee's Conservation Lands Manager must receive written prior or contemporaneous notice from Grantor of any and all planned or 12 248 BK: 2229 PG: 691 scheduled Limited Access outings for County tracking purposes; and (iii) the Limited Access outings contemplated in clause (i) may be shared between the Property and the contiguous land known as "Padgett Creek" upon which Grantee also has a conservation easement, and, in such event, the aggregated one (1) Limited Access outing shall be deemed to be one (1) of the allowed four (4) Limited Access outings for both the Property and the Padgett Creek Land. ARTICLE VIII. MISCELLANEOUS A. Costs and Liabilities. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Property, including the maintenance of adequate comprehensive general liability coverage. Grantor shall keep the Property free of any liens arising out of any work performed for, materials furnished to, or obligations incurred by Grantor. B. Taxes. Grantor shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Property by competent authority (collectively "taxes") and shall furnish Grantee with satisfactory evidence of payment upon request. Grantee is authorized but in no event obligated to make or advance any payment of taxes, upon three (3) days prior written notice to Grantor, in accordance with any bill, statement, or estimate procured from the appropriate authority, without inquiry into the validity of the taxes or the accuracy of the bill, statement, or estimate, and the obligation created by such payment shall bear interest until paid by Grantor at the maximum rate allowed by law. C. Extinguishment. If circumstances arise in the future such as render the purpose of this Easement impossible to accomplish, this Easement can only be terminated or extinguished, whether in whole or in part, by judicial proceedings in a court of competent jurisdiction, and the amount of the proceeds to which Grantee shall be entitled, after the satisfaction of prior claims, from any sale, exchange, or involuntary conversion of all or any portion of the Property subsequent to such termination or extinguishment, shall be determined, unless otherwise provided by Florida law at the time, in accordance with paragraph VIII.D. Grantee shall use all such proceeds in a manner consistent with the Conservation Purposes of this grant or the purposes of the tax exempt general obligation bond proceeds issued by Indian River County as contemplated by Resolution No. 2005-059 adopted May 17, 2005; Resolution 2004-062 adopted June 22, 2004; and the "2004 Referendum" (as that term is used in the foregoing resolutions 2004 Indian River County referendum), and any other bond or statutory program under which Grantee obtained the purchase money for this Easement. Grantor believes that any changes in the use of neighboring properties will increase the benefit to the.public of the continuation of this Easement, and Grantor and Grantee intend that any such changes shall not be deemed to be circumstances justifying the termination or extinguishment of this Easement. In addition, the inability of Grantor to conduct or implement any or all of the uses allowed under the terms of this Easement, or the unprofitability of doing so, shall not impair the validity of this Easement or be considered grounds for its termination or extinguishment. 13 249 BK: 2229 PG: 692 D. Proceeds. This Easement constitutes a real property interest immediately vested in Grantee, which, for the purposes of paragraph VIII.C., the parties stipulate to have a fair market value determined by multiplying the fair market value of the Property unencumbered by the Easement (minus any increase in value after the date of this grant attributable to improvements) by the ratio of the value of the Easement at the time of this grant to the value of the Property, without deduction for the value of the Easement, at the time of this grant. For the purposes of this paragraph, the ratio of the value of the Easement to the value of the Property unencumbered by the Easement shall remain constant. E. Condemnation. If the Easement is taken, in whole or in part, by exercise of the power of eminent domain, Grantee shall be entitled to compensation in accordance with applicable law. F. Assignment. This Easement is transferable to the State of Florida or the Indian River Land Trust without consent of Grantor. Grantee may assign its rights and obligations under this Easement to any other governmental entity or nonprofit organization whose purposes include the conservation of land or water areas or the preservation of sites or properties with consent of Grantor. As a condition of such transfer, Grantee shall require that the Conservation Purposes that this grant is intended to advance continue to be carried out. G. Subsequent Transfers. Grantor agrees to incorporate the terms of this Easement in any deed or other legal instrument by which Grantor divests any interest in all or a portion of the Property, including, without limitation, a leasehold interest. Grantor further agrees to give written notice to Grantee of the transfer of any interest at least twenty (20) days prior to the date of such transfer. The failure of Grantor to perform any act required by this paragraph shall not impair the validity or priority of this Easement or limit its enforceability in any way. H. Notices. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other shall be in writing and either served personally or sent by first class mail, postage prepaid, addressed to the parties as set forth above, or to such other addresses such party may establish in writing to the other. I. Recordation. Grantee shall record this instrument and any amendments in timely fashion in the official records of Indian River County, Florida, and may re-record it at any time as may be required to preserve its rights in this Easement. J. Non -Homestead Certification. Grantor hereby certifies that if a Grantor who is married signs this Easement without the joinder of his or her spouse, the Property is neither the homestead of Grantor nor the primary physical residence of Grantor, nor is the Property contiguous to the homestead or primary physical residence of Grantor. 14 250 BK: 2229 PG: 693 K. Amendments. The terms and provisions of this Easement may be amended by the mutual consent of the parties hereto. No amendment shall be effective until executed with the formality of a deed and recorded in the public records. L. Controlling Law. The laws of the State of Florida shall govern the interpretation and performance of this Easement. M. Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Easement shall be liberally construed in favor of the grant to effect the purpose of this Easement and the policy and purpose of section 704.06, Florida Statutes. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purpose of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. N. Severability. If any provision of this Easement, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this Easement, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected thereby. O. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantors title in any respect. P. Joint Obligation. The obligations imposed by this Easement upon Grantor shall be joint and several. Q. Successors. The covenants, terms, conditions, and restrictions of this Easement shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude running in perpetuity with the Property. R. Termination of Rights and Obligations. A party's rights and obligations under this Easement terminate upon transfer of the party's interest in the Easement or Property, except that liability for acts or omissions occurring prior to transfer shall survive transfer. S. Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. T. Recitals The background recitals are true and correct in form and material part of this Conservation Easement. TO HAVE AND TO HOLD unto Grantee, its successors, and assigns forever. 15 251 BK: 2229 PG: 694 IN WITNESS WHEREOF Grantor and Grantee have set their hands on the day and year first above written. GRANTOR: Witness TRIPLEA LAND COMPANY i SUSAN P. BARCH H. Varley Grantham, President Printed name: JIL,n) /4�ft tl':9A� Printed name: Geos Gi���► STATE OF FLORIDA COUNTY OFl% AN G The foregoing instrument was acknowledged before me this �� day of December, 2007, by H. VARLEY GRANTHAM, President of TRIPLE S LAND COMPANY, a Florida corpo ation, on behalf of same. He is personally known to me or who has produced v O • as identification. NOTARY UBLIC Sign: swan D. Barth Printed name: P �= my �„ wow oat Commission No.: Nmmkw 1► 2MO Commission Expiration: SEAL: GRANTEE'S ACCEPTANCE of DEED OF CONSERVATION EASEMENT Indian River County, a political subdivision of the State of Florida, hereby approves the foregoing Conservation Easement and agrees to the terms and provisions thereof. Attest: J.K. Barton, Clerk 16 INDIAN RIVER BOARD OF CC 252 BK: 2229 PG: 695 , By: ; Deputy Clerk Approve as to form and legal sufficiency: y ell, ssi ounty A omey SCHEDULE OF EXHIBITS A. Legal Description of Property Subject to Easement B. Map from Baseline Documentation 17 253 BK: 2229 PG: 696 EXHIBIT "A" Lenal Description of Property DECEMBER 6, 2007 TRIPLE S RANCH DESCRIPTION PREPARED BY THE PROFESSIONAL SURVEYOR AND MAPPER "LANDS LYING AND BEING IN SECTION 22, 27 AND 34, TOWNSHIP 32 SOUTH, RANGE 35 EAST OF INDIAN RIVER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING FROM THE SOUTHEAST CORNER OF SECTION 22, TOWNSHIP 32 SOUTH, RANGE 35 EAST, THENCE, RUN NORTH 00°23'02" WEST 82.62 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF STATE ROAD 60; THENCE, RUN NORTH 51°11'04" WEST, 893.72 FEET ALONG SAID RIGHT OF WAY LINE TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 1870.38 FEET; THENCE, THROUGH A CENTRAL ANGLE OF 13°57'03" ALONG AN ARC DISTANCE OF 455.41 FEET TO THE POINT OF TANGENCY; THENCE, NORTH 65008'06" WEST 2,243.06 FEET ALONG SAID RIGHT OF WAY LINE TO A POINT OF INTERSECTION WITH THE CENTER LINE OF A 60 FOOT WIDE INGRESS/EGRESS EASEMENT, AND SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE, ALONG SAID CENTER LINE RUN SOUTH 3200521" WEST, 1,208.11 FEET; THENCE, SOUTH 01°43'40" WEST, 1,091.19 FEET; THENCE, SOUTH 01 000'40" EAST, 437.17 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 480.09 FEET; THENCE, THROUGH A CENTRAL ANGLE OF 14010'28", WITH A CHORD BEARING OF SOUTH 08005'54" EAST, AN ARC DISTANCE OF 118.77 FEET TO A POINT ON A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 770.69 FEET; THENCE, THROUGH A CENTRAL ANGLE OF 08°51'30", WITH A CHORD BEARING OF SOUTH 10°45'33" EAST, AN ARC DISTANCE OF 119.14 FEET; THENCE, SOUTH 06019'58" EAST, 160.04 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 350.94 FEET; THENCE, THROUGH A CENTRAL ANGLE OF 19°24'14", WITH A CHORD BEARING OF SOUTH 03"22'06" WEST, AN ARC DISTANCE OF 118.85 FEET; {01110155;1) 254 BK: 2229 PG: 697 THENCE, SOUTH 13°04'10" WEST, 581.91 FEET; THENCE, SOUTH 24007'55" EAST, 95.58 FEET; THENCE, SOUTH 61919'59" EAST, 1,028.91 FEET; THENCE, SOUTH 33000'24" EAST, 105.63 FEET; THENCE, SOUTH 04040'49" EAST, 1056.19 FEET; THENCE, SOUTH 16°41'15" EAST, 451.25 FEET; THENCE SOUTH 00°21'26" WEST, 1,376.05 FEET; THENCE, SOUTH 00044'31" EAST, 5,295.56 FEET TO THE POINT OF TERMINUS OF SAID EASTMENT AND SAID POINT BEING THE 1/4 CORNER OF THE SOUTH LINE OF SECTION 34; THENCE, SOUTH 89°18'13" WEST, 2,709.86 FEET ALONG THE SOUTH LINE OF SECTION 34 TO THE SOUTHWEST CORNER OF SECTION 34; THENCE, NORTH 00046'09" WEST, 5,288.32 FEET ALONG THE WEST LINE OF SECTION 34 TO THE SOUTHWEST CORNER OF SECTION 27; THENCE, NORTH 00°29'56" WEST, 5,312.61 FEET ALONG THE WEST LINE OF SECTION 27, TO THE SOUTHWEST CORNER OF SECTION 22; THENCE, NORTH 00040'09" WEST, 2,764.05 FEET ALONG THE WEST LINE OF SECTION 22 TO A POINT LYING ON THE SOUTH RIGHT OF WAY LINE OF STATE ROAD 60; THENCE, ALONG SAID RIGHT OF WAY LINE SOUTH 74°59'04" EAST, 852.91 FEET TO A POINT ON A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 2,719.14 FEET; THENCE, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09050'57", WITH A CHORD BEARING OF SOUTH 70003'15" EAST, AN ARC DISTANCE OF 467.42 FEET; THENCE, CONTINUE ALONG SAID RIGHT OF WAY LINE SOUTH 65008'06" EAST, 1,179.67 FEET TO THE TRUE POINT OF BEGINNING. AND LESS AND EXCEPTING A PORTION OF LAND FOR A SCHOOL SITE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4; THENCE SOUTHERLY 204 FEET TO A POINT; THENCE EASTERLY 300 FEET TO A POINT; THENCE NORTHERLY 249.60 FEET TO THE SOUTH RIGHT OF WAY OF STATE ROAD 60' THENCE NORTHWESTERLY ALONG SAID RIGHT OF WAY, 311 FEET TO A POINT; THENCE SOUTHERLY 107.90 FEET MORE OR LESS TO A POINT OF (01210155;1) 255 BK: 2229 PG: 698 BEGINNING. BEING PART OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 AND A PART OF THE SOUTHWEST 1/4 OF THE NORTHWEST Y. OF SECTION 22, TOWNSHIP 32 SOUTH, RANGE 35 EAST. ALSO LESS THE FOLLOWING DESCRIBED PARCEL CONVEYED TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY THAT CERTAIN WARRANTY DEED RECORDED AUGUST 29, 2000, IN OFFICIAL RECORDS BOOK 1350, PAGE 2577, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: PARCEL NO. 102 A PORTION OF LAND LYING IN SECTION 22, TOWNSHIP 32 SOUTH, RANGE 35 EAST, INDIAN RIVER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A FOUND 4"x 4" CONCRETE MONUMENT WITH A DISC MARKING THE NORTHWEST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 22; THENCE SOUTH 00°31'43" EAST ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 22, A DISTANCE OF 758.638 METERS (2,488.96 FEET) TO A POINT ON THE BASELINE OF SURVEY FOR STATE ROAD 60 AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP FOR SECTION 88060-2529; THENCE SOUTH 74°51'20" EAST ALONG SAID BASELINE OF SURVEY, A DISTANCE OF 99.082 METERS (325.07 FEET); THENCE SOUTH 15°05'40" WEST ALONG A LINE AT A RIGHT ANGLE TO THE LAST DESCRIBED COURSE, A DISTANCE OF 15.204 METERS (50.00 FEET) TO A POINT ON THE SOUTHWESTERLY EXISTING RIGHT OF WAY LINE FOR SAID STATE ROAD 60 AND THE POINT OF BEGINNING; THENCE SOUTH 74051'20" EAST ALONG SAID SOUTHWESTERLY EXISTING RIGHT OF WAY LINE AND A LINE 15.240 METERS (50.00 FEET) SOUTHWESTERLY OF AND PARALLEL WITH SAID BASELINE OF SURVEY, A DISTANCE OF 26.742 METERS (87.74 FEET) TO A POINT ON THE SOUTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 22; THENCE CONTINUE SOUTH 74051'20" EAST ALONG SAID SOUTHWESTERLY EXISTING RIGHT OF WAY LINE AND SAID PARALLEL LINE, A DISTANCE OF 138.682 METERS 454.99 FEET; TO A POINT ON A CURVE CONCAVE SOUTHWESTERLY HAVING A CHORD BEARING OF SOUTH 69°55'52" EAST; THENCE SOUTHEASTERLY HAVING SAID PARALLEL LINE AND THE ARC OF SAID CURVE, HAVING A RADIUS OF 828.796 METERS (2,719.14 FEET), THROUGH A CENTRAL ANGLE OF 09°50'57", AN ARC DISTANCE OF 142.470 METERS (467.42 FEET) TO THE END OF SAID CURVE; THENCE SOUTH 65000'23" EAST ALONG SAID SOUTHWESTERLY EXISTING RIGHT OF WAY LINE AND SAID PARALLEL LINE, A DISTANCE OF 359.564 METERS (1,179.67 FEET); THENCE SOUTH 32013'04" WEST, A DISTANCE OF 10.994 METERS (36.07 FEET) TO A POINT ON A CURVE CONCAVE SOUTHWESTERLY, HAVING A CHORD BEARING OF NORTH 69°41'15" WEST; THENCE CONTINUE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 4,841.800 METERS (15,885.14 FEET), THROUGH A CENTRAL ANGLE OF 07°44'30", AN ARC DISTANCE OF 654.211 METERS (2,146.36 FEET) TO THE END OF SAID CURVE; THENCE NORTH 00°3947" WEST, A DISTANCE 26.340 METERS (86.41 FEET) TO THE POINT OF BEGINNING." CONTAINING IN ALL 701.77 ACRES, MORE OR LESS. {012101550) 256 BK: 2229 PG: 699 c 19 EXHIBIT "B" MAP FROM BASELINE DOCUMENTATION ' 257 BK: 2229 PG: 700 E X 'H H31 -1e Triple S Land Company Conservation Easement 5#�4 0 2 6J 3 27., _. 7 8 ° o _ytsc J QJ 10 Joa 13 25 _: ;r• a o J J �• J a o `J 0 0 0 o J°o oJO J°o oJO p 14 JaJ°oJJaJo °J o JJooJ o e.. 15 ° J o o ° J 24 aJo;000J-J o 0 0 oJJ° J a a 0 o J J J� 1 6� 23 L- Legend 22 20J19 Photo Points Land Cover 0 = Improved Pasture Conservation Easement � Wetlands a J Wooded Pasture Roads Grantor: Triple S Land Company Grantee: Indian River County Map prepared by CivaTerra, Inc. for,the Indian River Land Trust November 26, 2007 Mlles 0 015 05 258 BK: 2229 PG: 701 259 I RECEVED AT M -M MEMO io-9- DO -10 Item # /,z .,A B I - D I epluMlerW- Consideration of Triple S Land Company Notice of Intent to Sell the Triple S Ranch Board of County Commissioners October 41 2016 Indian River County Conservation Lands Program .0 L 259.1 � � •� „ 'v";�y�..I9 i! W Aida",`JY' p~+ a�° .. q 1 ° r �f $§='.a^��,�°•" gig. '�y � w�:'xa' "` ,'.;^`• "6,t .. '''.�`` .f, `8" a bAi :>: J,c ;.ti trip U, �' •fir � ',:-.•.1 > . i ._ " d'_p,: �� �\ KISSIMMEE—ST, JOHNS RIVER CONNECTOR OAFFp/OBEEAND FNDIAN ATYEB t0{fNTTEB QFio'sP,3 F-30Tf a'v,,8 vM r mm:rcrcracw.r ora,.rn.ro.cr,.; �` � ] a...• Gan�ixd: 3� �OlhcrFMixia Fsxiwtt Npl ilc,?C,s j1 � �:.:,•. "��Ru :a -c ..a j 4 osr can-rrr cm,ea ��r j3 •_ (/ t c x ®w:es :,csar tars lrquidlA,ir (y:,nnOr2 2-59.2 Padgett Branch Easements . Easements acquired in December 2007 . Deeds of Conservation Easement: ranch owners obligated to "...preserve and protect in perpetuity the conservation values of the property..."" Staff has confirmed through periodic monitoring visits that both ranches are being maintained in accordance with the County's easements. Triple S Notice of Intent to Sell / County's "First Negotiation Rights" Provision in Conservation Easement: "...if Grantor [Triple S] intends to sell the Property... Grantor shall deliver to Grantee [County] notice of such intent, and shall, in good faith, afford grantee an opportunity to negotiate the acquisition of the Property... (herein "Grantee's First Negotiation Rights"). If grantee desires to negotiate the acquisition of the Property ...Grantee shall so notify Grantor within 30 days after receipt of grantor's notice of intent." ,2 5-9.3 Triple S Notice of Intent to Sell . County's "first negotiation rights" subordinate to a "first right of refusal" between Triple S and Padgett Creek LLC entered into prior to County acquisition of the easement. . To date, no indication from Padgett Creek LLC of Padgett Creek's interest in acquiring the Triple S property. . Property Appraiser's estimated market value of Triple S Ranch for tax assessment purposes, as restricted by conservation easement: $2,263,470 ($3,225/Ac.) Easement vs. Fee Simple Ownership • Conservation easement: • Protection of site resources for less than fee simple cost; easement runs with the land • Limited public access (up to four educational outings per year) • County does not incur management costs • Property stays on the County's tax roll • Fee simple public ownership: • Acquisition cost / ongoing management costs • Unlimited public access, but remote location • Property off the tax rolls Staff Recommendation: • Staff recommends that the BCC refrain from exercising its first negotiation rights and authorize staff to notify Mr. Grantham that the County is not interested in fee simple acquisition of the Triple S Ranch. X59.5 RECEIVED AT MC -OCC MEETHNG - �0-.0 - Z016 Date I4em# \a J\ By Deputy WkW LS4-� First Amendment to Developer Agreement for Millstone Landing PD October 3, 2016 21 Page c` One of the changes since the Original Agreement was approved was the County's acquisition of right-of-way for construction of 17th Street SW from 27th Avenue west to the eastern border of the project's school site. This extension of 17th Street SW will provide a northern ingress/egress for residents in phases 1-3 of the Project and that access will be at a signalized intersection. The Original Agreement called for the Developer to construct 17th Street SW from the school site to 27th Avenue when the County had acquired the needed right-of-way. The Developer was not required to dedicate right-of-way for 17th Street SW as a large canal borders the northern boundary of the Project. The County has since acquired the needed right-of-way for 17th Street SW from the owners of the proposed Turtle Creek PD development to the north of the Project. As it stands now, the only ingress/egress to phases 1-3 of the Project is off of 21St Street SW. With the construction of phases 4-6 to the south of 21St Street SW, the residents of phases 1-3 are concerned about the increased traffic on 21St Street SW due to construction of the new phases. Since the needed right-of-way has been acquired, the Developer can now move forward with construction of 17th Street SW, thus supplying a second means of ingress/egress for the residents of phases 1-3 at a signalized intersection. The First Amendment to Developer's Agreement (First Amendment) is attached to this memorandum. The First Amendment sets milestones for the design and construction of 17th Street SW from 27th Avenue to the east border of the Project's school site and those milestones will reference certificate of occupancies rather than the out of sync phasing thresholds referenced in the Original Agreement. Under the terms of the First Amendment, the Developer is required to have the plans and permits required for construction of 17th Street SW by issuance of the Project's 270th ificates of occupancy have been Certificate of Occupancy. As of September 20, 2016, 206 cert issued for the Project with approximately 30 more "in the pipeline". According to the Developer's engineer, plans to construct 17th Street SW are 75% completed. Under the proposed First Amendment, construction of 17th Street SW must be complete by the issuance of the Project's 368th Certificate of Occupancy or December 31, 2017, whichever occurs first. Should the Developer fail to meet those milestones, the County will cease issuing Building Permits and Certificates of Occupancy until the Developer's obligation is met. However, under a provision in the First Amendment, if the Public Works Director determines the Developer is making satisfactory progress with construction of 17th Street SW, then Building Permits may continue to be issued. The Parties are continuing to negotiate the remaining terms of the Original Agreement and further revisions will be brought for Board approval at a later date. This First Amendment is being brought for Board approval as a prerequisite for final plat approval for Millstone Landing Phases 4, 5 and 6. Final plat approval for Phases 4, 5 and 6 is to be considered immediately after the Board acts on the First Amendment. Funding. There is no impact to County funds contemplated by the First Amendment to Developer's Agreement. Recommendation.taff recommends the Board approve the First Amendment to Developer's LandingPD a d author zh e e Charman to execute it on behalf of the Board Agreement for Millstone Copies to: Masteller & Moler Bruce Barkett, Esq. John McCoy, Chief of Current Development Richard Szpyrka, Public Works Director Stan Boling, Community Development Director design, and obtain the associated permits, (including COUNTY Right -of -Way permit) for the improvements to 17th Street SW as a two lane roadway from the east property line of the school site to 27th Avenue including the following turn lane improvements at the intersection of 17th Street SW and 27th Avenue: • Southbound right turn lane • Southbound left turn lane • Northbound left turn lane • Eastbound left turn lane The DEVELOPER shall be responsible for the design, permitting of a modified span wire traffic signal system and associated improvements at the intersection of 17th Street SW and 27th Avenue to accommodate the required lanes and turning movements. Prior to the issuance of the Project's 368"' Certificate of Occupancy or December 31, 2017, whichever occurs first, the DEVELOPER shall complete the roadway and intersection construction in a manner approved by the Public Works Director for acceptance by the COUNTY. In the event the County has not obtained sufficient right-of-way for the DEVELOPER to complete the 17th Street SW Improvements, then DEVELOPER shall pay to the COUNTY the cost to complete the 17th Street SW Improvements and the DEVELOPER shall have no further obligations with respect to such improvements. If a certificate of occupancy milestone or timing obligation is missed by the DEVELOPER, the COUNTY shall cease issuing certificates of occupancy and building permits to DEVELOPER until such time the milestone or timing obligation is met, unless the Public Works Director determines the DEVELOPER is making satisfactory progress with construction. [The remainder of this page is intentionally left blank] • IN WITNESS WHEREOF the COUNTY and DEVELOPER has caused these presents to be executed in their names, the day and year first above written. SLV MILLSTONE, LLC BY: Its - WITNESS: WITNESS:y_ (Corporate seal in place of witnesses) ATTEST: Jeffrey R. Smith Clerk of the Circuit Court and Comptroller BY: • Deputy Clerk Approved: rtN�-n fj��� Jason . Br wn, County Administrator Approved as to form and legal sufficiency: N-"- -cc — William K. DeBraal Deputy County Attorney BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: Bob Solari, Chairman BCC Approved: zs9 s Treasure Coast Newspapers I TCPALM Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared, Sherri Cipriani, who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Customer Ad Number Copyline PO # 461741- INDIAN RIVER CO ATTORNEYS OFC 1265868 Meeting: 10/4/16: Fischer Lake Fischer Lake Pub Dates September 19, 2016 September 26, 2016 Swo to an ub cribed before me this f, September 23, 2016, by ' (y� i who is Sherri Cipriani (X) personally known to me or ( ) who has produced Sandra Coldren Notary Public as identification. SEP 2 9 20ia C0C1NTyA7'- 0RN '�—✓ Z SANDRACOLDREtdMY 00MM;ISS!0N # FF 004035 FL EXPIRES. April 1, 2017 Bonded Thru Notay Public Underwriters as identification. SEP 2 9 20ia C0C1NTyA7'- 0RN '�—✓ Z it !?l%f�f4,r / ] ranr;-1, n VERO BEACH AfEIWqJC EStOtO AUCtIOn GO ard- I.A r IPM /9T Old Dnla Hvry Vmo Ratio AW'. W 6'55 I%BP q°'/I1I IF 11212;!!11'! PORT 51 LUCIE 001 SE Damask Ave, Su, 9/75-iVes ,eesOnanI. te 6 mliclum, 6 NN'.. m VERB BGC. -592/ 0.0 0um Cb- oil 58th Ave 8 41st SL Samee f1,8tnilurc'AALittle Oltnnl EnrylMnpli 461p` . Odl ACcas OF', BRAND NEW APPLE MACbOOR M.0 I0•bd pple PanAnwA_1 17/1, 123' LDyy an w n net. 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Florida; from sold Pafrit 01 immspe Coast NeWspapara Monday, September 16, 2016 SC ua gNqliHI izlBItitnd�1dl!»1@711-N, a�,191 xTI1 OF THIS NOTICE OR 30 DAYS Naromher It, 2010 AFTER THE DATE OF SERVICE December 12,201G OF A COPT OF THIS NOTICE lanuaryry9 32017 All ON tA•creditors of the FA Eftlr li}Op I50g p.my da[edonl and other parsers A 111 7017 Mvinp t3alnls or pdamantl9 LT.” ¢Bolt I . decadent* leh claims swlih NIY 30.70171715.]0 thiscaurl WITHIN] MONTHS AuOust la, 7011 AFTER THE DATE OF THE 'Seplembef 11. 2017 (5:30 FIRST PUBLICATION Or THIS punt' NOTICE ALL CLAIMS NOT FILED WITH. The purpose of the meetings Ill THE TIME PERIODS SET Is w cmleuct an yy builna', FORTH IN SECTION 733.702 Ino helora ltre Board. OF THE FLORIDA PROBATE Me,lhipt era den to the CODE WILL DE FOREVER publI and [.IIIup conduct• BARRED, lad n ecmMan Utte With Iho APEROI os SETT oTH A60VE, GVPill .1 the (, Florida Law. ANY CLAIM FILED TWO Ix ny f the morllnpa mayy ba YEARS OR MORE AFTER TI � obtain. from the piftriUY DECEDENTS DATE OF DEATH Msheor by mnlnc-in 01ho 15 BARRED. OISUIti IAanaggyr al S41-030• The data of find p,11I. . a972vnd/art011 fraeal1-677• of this notl[p N SOPICmDar 737.1972 ifs¢ (5) Goys prim 18,3016. to the date of the m,or ar mrv11na. +(11PI'! 1il(!(�' f � e !Igai IrrOiiq�rpµ;m nal a!InP ha1P'g9gt •licit p M!u4i�f:auLiDJ�ecb4K'I�! �wa��"n�:IPa`w°Mr�itl 1, 0112 it,{llniYO',y17!ilii hI�II�I 11, �nh6:1,i:Ic�iGn4Rui0IIJI��' IDI '1r"m��,, !rn �utP'oc�EI1,Pt�5�?�'li,t A Ig,,nnp aa'n, 4! �o� !h6rLSVbrta R :II!iiw:Cl�illlll'>J!i�l;�h.,_rI: WALLACE CHRYSLER ER WALLACE DOD CE 755 sE fatlerN 1555E Federal E! lOHN50N,HONDA;i= "•liof StuarF:::;t7__[:! "+'��I100 SE FetlCr01:1!Yry;':;, ! om9CD NnsAH SnlCs/SeMCC a8155U51 WALLACE LINCOLN MERCURY �� 1 rµIRF4RnI!L�I�IYris,O11I' BA�,{ p:"I 11irt`��4„1110 NlynWi7•Shia. Hkll,way,Stuart 771.710-3600 Yibuo-3c08 _ °-' -772 ii0+1700 i115E'::!,' SSSSSauUUSIfLPierte 1.8 o -Y19-6060 1.800.77&a23s D!!!!1' ' WALLACE CAOILLAC 35555E F�edwo-l., Sloan f:jy?f!�WTORCIIDYSIERR'!lfi d ;!.wd::d.'.DobcEYE[r; !;•l;_�t; ;=•'uF�I�IL'DE[F�RD'Vi�i9,{ '1;b�!y.�l^feN o,Ume '+;j 11�IiI 41Yc�B YsalAMryyblls'i!j?'H, �tVERO !1f W.Yl.W.joflneonl,Pnda;lom;; ]i35Y5C ;¢anal wEpaEway. ONaeaNlsFa m 3 .IfiiS. WALLACE MAZDA 3NEs 1121ert 80P 1 s WAILACE VOl16WAGEN 18058E FetlerM Mlphway, WAl3.ACECNEVROLET OACHf tii'L jll�lidl!Dflarehiyslnnel;iOiiiRi Ii ��jI e'h�,p:160.(3_?I).L34;�671sS:0c!ii9 Do! Sloan 771.310-IfiDD .wart 7GS05EFedrral N[.Y StWn VEADDGCII CHRTSIER WALLACE HYUND BSSSUSI 10018E Fed eral VERB OGQI LEEP72.719.0If fi555. US ONE WALLACEWALLACEral HIT 1312 SEal Nwy. WAL!.ACE VOLVO 773•I8f•11-T3 DOg-3754Y66 Hvry_Stuarl .roboo[hc d.[om 712• Blfi00o BOD•315.1966 re brad N I StuartStue 7122.386.8000 38015E fn8c.I Hwy. Sloan 868.383•x301 02.5-91-7 N d LAas, qW/q 11111 I1� a /(D Vial 6C Manday. Saplembor 26.2016 Treasury Coast Nowspapan i Rer!pa Ii:;timNlt.DnInDDII AAl1edc'!'!Iiiiu�jiP ffa{tnd'Dn ueat ,14 N.M., .MI,I,Ra,,,,h,...,!i.,,,:,P,inup,.uwcnulu:��l!Iit t I... 11 31 rs In MI.hanc al aOscrlpllDn of IAD Pro0erlY 111efinleetl on In advance PF anm III. acre ufoll� II INDIAN IVO COUNTY BOARD CArtIRCate, NO.' 2DIO/1065 OF COUNTY COMMISSIONERS Year M Issuance 2010 BOB SOLANI, CHAIRMAN Address: Pule Semember 19, 26 2Di6 11150 SW GA, NFDnD ST 1CN 1165650 PSLFL Pmpper+v oescrintlon: NOTICED MEET No T11A01 ION PLAT N0. )9 PB COUNCILON AOIHO 17.20) OLK C IDT IIT ION OF ST. LUCIE, INC. 3671•]57& 3°{7-114) rlomeM) In Which 1A syssedv0 }Lena Ine.°amloal°xlDee OF'Lbt VICTORIA PAIL SR LLUTIIA• Ile menings,W, cn Mllnler OInON COMMUNITY ASSOC, C tadpusOM arc Myaed- INC property being In III[ DATE C. Y of 5L L.C. Slate of WMnexdar, September 20, Floral e. 2016 Units sok cerllflram snPl ha rnU.emad accardinp TIME 3311 p.m. law the Proowty desCrlbed In Such IS INCA. shah be LOCAnn" Id In the MGGheft bled.r Cry Cooled On Agin of St. Comm, declronk selA lMh of OCle Ine.Scald Room Oen 3014 aI httpsdesUutlI- I lvd. lerkauctlnn.wm 1 I11" Port SL lPdc,R 31961 AN.put: Saptambu36.2016 WARNING A.0 CN 1280120 THERE ARE UNPAID TAXES ON PROPERTY WHICH YOU OWN NO ICEOF� SPECIAL MEETING OR IN WHICH YOU HAVE A RNNO It' LWALINTEREST.THEPROP- COMPoIO MUNITY nEVELOPMENT ERTY WILL BE SOW AT PUB, DISTRICT tic AUCTION ON 11iUNLESS THE BACK TAXES ARE PAID. TO MAKE PAY - MEN. OR TD RECEIVE FUR, TIER INMRMAIIM. CON- TACT THE CLERKOF COURT IMMEDIATELY AT 2200 VIN• GINIA AVE 3N0 BOOR, FO.T PIERCE, FL 31E92. 712 -Ho. ProHtY be redeemed Tu c0Becin, Fa` Wm` CAN' tion aunt[ and Inslruc Dom. EElease t.. the Toe DMv IN 61n daynl Apr1,2DIO. ANGILA.IOGINS, Ccx of Ine CCS.N Chert, P h �S.F.hotcr 5, IT, 19.14 2016 TEN 147YSSS wlnow�jgtmAaowp No:Su 26. 20 16 NOTICE CF APPLICATION FOR TAXDEED To, Deed FITC No-- 15-561 N1111EM NEREDY OWEN,111+ CS INTtn.AnONAL lhI Lr- lMINTS ellLLI 11 _ Ufltellc`hapss ,I. Sala e<rtlNientef Ice ° o"o r`he eon neim numb.. G1-11dkn ei Ine°p oocri ryas AUx,RxSod.raef follon PI 6NGEtA RiGFdNS, St .P. L.O. ue Clrevu Court, SLSCwn °10;Ikmm16 pniy S. IL 19, 76, TpH HIUM.) NOT TAX CE Of APPLICATION FOR Tax Deed FDA No.; LS -S67 NOTICEISNEREIW DWEN that MENTS.ENI- Aenholdrsl al the mlimrl,q cerlllirAle par Iliad old cenlilca+rs far a tax deed m Aa hsued nitre end pl1°eei uiiucAco,°°tIn NOTICE OF APT TAX CEO Tax Oeed Flo No.: 15-574 NOTICE IS HEREBY ONEN,11,31 MEMSERLLC 1Pne e "ADItl` 01 @CO `fa1ElCegiilwtee1 Por°n ax tleOU t. hA 'wad tm re - aa lhA [ f Roam nY her entl ear 01 ISSIM a to, e`[ 4. rloa romle _ocmr+r, w sseE nr foll9ow Oartlllemellai NIOnwn f. ,I"Adonat 'ISam-3010 I.ISt SW EUDORA ST PSL R P"I' oeae N, or, �P TRM, ON PLAT OTlea "I (OP 363/.3SM-3W/•Il6) Punet', 1. who Asfene0. `VICTORIA PARC SR II[/T.A- KING" COMMUNITY As One Said Ur cm bdnp Ia he fimlep, Dl SI. Wde, slam of UpI melee -d aeenHilly l° IYYaw the proQarty Soonpad N cern ealtl��Nwm F d be CPeclroo1 slal¢n10m of 0c ben 3016 at nttpsJn+NCk. lurkauctmnsom at 11:00 A 4L WARNING TPp0VEI17Y WHICH YOU CAN On IN WHICH YOU HAVE A LEGAL INTEREST. THE PROP. ERTY WILL BE SOLO AT PUB. LIC AUCTION ON 10/IonD16 UNLESS INE BACK TAXES ME PAID. TO MAKE PAY. "'T. DR TO RECEIVE FUR. }HEIHCI R INFOpMAnON. CON - M :i"AEET,E,tYEAT D33000 Mite PIERCE. W31S92, OTf2f/61r SIM Droperl oy he reamed TPO°cdI'Mo' far red`MV CION auntITTs e a Insimc 'Ions, IpOlease Conlan the T41 Call, I.I.Noday.1 lease Ap 0.7016. ANGELA D poly Ce°kINS. tlLCC!UA RCDYN, Pub: 5e0mmbcr I. ii. I9, 36, 1016 TCN ].recc9 NOTICE Of APPLICATION OR TNI DEED Tea aced FUe No: 15325 NOTICE IS NEU" GIVEN. that MEN TSERLLCiIMcaholtlei of 1 e InllOrvinp cONlllcam Tas 11 etl Sak a eales ice to. Jh. be Is eh 111.1e crvmme . °°d all Issuance. Ito do.p In bn al me pro wly aAd o na es In whPch 11 sfhsaca are as rdlDwl: Yearlat issuanceRIB OIMO Adamil: PrnperW D ECsct10pp1°lon T PSL R TR 11TYD PLAT ND M IPo /7-2x1 Blll C LOT 19. Q. 304-IM-3547-136)Parte) in Homes) Homes)in WMca Assessed: VICTORIA PMC S. LLC/ TRADITION MIM MI, Said PNIeeltY belnp In the COd11Y Or 5L Lucie, Stale el norma U"" sok AcMdale5hao De e. P e aetOrm.1 to k In. Drapnty aesaaem m ... u ha eVgh `V§ahctl rym,! 10. High .1 n tali blnc/stlucI..me alAA<oma+110AA. .MINND THERE ARE UNPAID TAXES art PROPERTY WHICH YOU 0. IN WHICH YOU HAVE HAVE A A CETYL INTEREST.OTHEPREP LIC A WILL AI solo 10 200- UcESS THE K TAXES UNLESS THE DACK TAXES +m Nnr I ru�l� ARE PMD. TO MAKE PAY- MENT- OR TD RECEIVE FUD. T TAEHEM NQURT CTT Gv C CON. ILtMEPIATELY AT 3300 VTR' DUNA AVE, IND FLOOR. Font PIERCE. EL 3J1192, 772.16T - P26 6oDert yy aY be d[[matl Ihreuuh Intl TL Lucie Co,Inty TeX CnOCclvr. Fw rndemp Hen unls entl Imtree- InIaM,lpp1eclease conte:) the'al OeNle B10 doV of Apr/, 2016. Al,peln 11gDinty na OeputY Clark 51 Wfk C MUrCWICwrl T1 Cou pup; September S. 11, 19, IES, 1°16 1CiI 1078688 H0710EOF APPLICATION FOR TAX DEED Tax ,it He No. 153'16 NOTICE k HEREpY MY that CD INTERNATIONAL IN�E5T- AIENTS ``LC the IIDke! of Ni ml!aa ucrllflcale has 1!led 'd hli[ales to, a ,at deo to be Iv00d M- an. [ Adlk.ta number '""N' ntl Yye r of IsHer the doscripnoR of the nroI'M and the name, In w1UCN r1 ryas sw6SCLI ar1.1 I.I1DWH kfu%oa„���.;91!f �d�S 33;!1-1 .0 Mitt al Issu°nce. rt Anddtt�Pbo, a mel.pin whWIII w assessedareustons- CcrtI1lCa+e H0; 1pwnlD21 YeMalliwantm Into adtl1111: 1w995W RALEIGH ST PSLFL rIa yAoy Daxadmmn: 1RnBI ON PLAT x0. S. into ] 20)BCI( C LOT 193 (DR 1510:7617-136) Pared 10:12D4101.04SSM/l N.mMs) In Wn1cn A.I..m VICTDRIA PARC SN LLC/ TRA• mVoN COMMuln" Assoc Said .mPtttY bvinp In tnv C-tIII It Se Lucie, smm al Cmesa saw [m11flub. sha0 ha redm med ae.,dhg to In. � IraPr((co, ash Itl to mlGGlrcst hlad" by t be 4reetronk snie Iron al ono- u. 1016 al ITH-d/sHucle. t6l Ntouctlan.Pom M 11.00 WARMNO THERE ARE UNPAID TAXES ON PROPERTY WHICH You OWN On IN WHICH YDU HAVE A LEGAL INTEREST. THE PnOp- ., WILL.V%..TDLB- LICAUCnONON UVIORM5 UNLESS THE BACK TAXES ARE PAID. To MAKE PAY- EVE M RECEIVE FUR TINED INFORMATION, CDN - FACT THE CLERK OF COURT IMMEDIATELY AT 1300 VIRCINIA AVE, 1fND ROOR, Font PIERCE FL ]/892.117- 462.6916 Proper' y De re`Camed T �°CogqmmnppeoonnHaiL forkva°o°mR0 Unit Cal ugr.]T316] Alx And ass eros DOLEMIS BUR day of MID. 2016 daprtloltlllle ClrtellCWyNem Pux 5eplamllial 5, 11. 19.26. TCN 1080170 NDIKE OF APPLICATION FOR TAX DECO Tax need Nle Ne: 15-579 NOTICE IS NEW" GIVEN. Ino) CB INTERNATIONAL Indniof6W! 1.11-inCp the IIRCue bas mea too CP tie 5 ed inatton.` i1R oc. PIN -0'. A%!"and year al N VV°°Cpefrlvt nrl"In`Im°m0a In wIIICNItwas d:ll"u. ae Sun—: mI1m s,!IIn �ap��iie 1,Uolefi�luante ].10 CCRe[t41:1i]-IG]: 6511. Tu. 11089SWRALEI HSTPSLFL OatOuu$6tn tlay 0l PONA ]016 Pro artyy W VIpIM I FADI110N PLAT NO. i9 Dp Anpdo M9pina Depky Clerk R -]M OLN C LOT 195 1011 tlCtk of llI. Chcull Court ]tl1-]Sin: 16/1.1]Hl St Wcle[uunly Pared 101301-]013157.Oa" Pub: "C' mbu 19, 26. NOmdslln WMd1 Assessed: "I VICTORIA PARC SR LLC/ TRA- TCN 1001100 LIMA COMMUNITY ASsm INC Sold prnnertr helnp In the Fl.Ntlao".01 SL" I" Male 01 NOTICEOF APRCATIONFon TAX DEED omen sold tenmana fndl w mil o�ot�d to I,, Do, Fnchis: 15.610 le"YAes7 be )s°gyIJ c°Ih NCO hloolh as bpaD byy HTEONmT ONOIYIMVE5T1 ekcCome sok IM.Iparo- Oen 2016 at nOpsleithr lv, MENTS,'N Na°hpldw 1 �a darkeudknArom t II100 anewllk eertllkaIS hof Mads Itl eertlllcates Ine . A.M. WARNING THERE ME UNPMO TNICS ON TAX decd t0 Oa Hwad Here nY,e e1IRlwto notelpbfc AndrT., °C PROPERTY WHICH YOU OWN OR IN WHICH YOU HAVE A a1 my prof y 'eri , o Ine name M II LEGAL INTEREST. THE MaP 111" WILL BE SOLD AT PUB, wfatlr rSued Mlasl.Dawa: LIC AUCTION ON 1°/10/7016 UNLESS THE BACK TARES Co N "Le No: 7010/10005 ARE PMO. 10 MAKE PAY. Year of lsI,, ]DID 'an" I MENS OR TO DECEIVE FUR. THEN 11101"1pnON, CON- to90 ROWIEY WAY PORT SMNTWCIE3/9W CIF.349am TACT THE IN OF CROAT IMMEDIATELY properlyy AT ]100 VIR• CHINA AVE.]ND FLOOR. FORT TRAWTION PLAT ND.IS (PD iT-I%0l1tCtOT 51 [CRISIS. PIERCE, R 3402. T7]-167- PIODCnY may be ratlCamva ]518:3611.115) POrcd IP a101101-0119-0OW6 Narllali7lp WMCH A55[SSCd: thmup IDSL LuekC! Tnx C.0 1w. For redamp- VICTORIA PA RC SR LLC/}IIA• WTION COMMUNITY Ilan amounts and ItgrIom - Ilan{, yye $DL BIO epnlacl tlla TAx CmICClor�T12.153.1654 Sold pmpw beln9 In 15) County SL Date this Blh day Df AD]N, 7016. DI LUCID SMI. of FioddA. pNBRA mOGINS, IMless sold [w1I0u1C MnB av enc° "'cutperk tlOrk al the tlrtull C.Yrt• tree NY tlemic°Hbed1dln SL luclA County ho -11 ole sMlDC fold lullehipneal blddnbynlet. Pum Sap'amhcr 6, IT, 19, ]6, 7016 lraNe Sala ]lip vt Oc1uoUbe TCN I0110557 `014 DL h110sd/elinnlv.tltt- O Ek °INirie Cleo lCwyh ark M Wde County 5enLtmber S, IT, 19, 26, 1.16 TCN 1079n11 NOTICEOF APPLICATION FOR TAX DEO Tu Deed Ale Nv.. 15-577 NOTICE IS IIERFRY GIVEN. that CO INTERNATIONnL INVEST. "'"I' e / oll6. the Am"'of Died Sok cerPl°fkateitf h s A. Th I-ifleme Sam° neer d"° d yy�� If Tswana., the ,Lt'n M Ine praperl�, Rod .xxdareoe IAIlcnvne c..1 -c No.301011102° IYld IMSSuanrm lot. r7Doe{rtlsyPp EuooMRl�sr PSL. R Tia) DOK CLlON019}9%n a304-25M IU1a]01001-0151-000/1 Hemv(,)In N;IGAssossem VICTORIA PARC SR LLC// TPA• °DN coMISUNITY ASSOC anc Sak Property belrq in 1pC Full.M SL W ci4 SlalO M VOefrde.-d xxcc[mc[ ULlgg le solm ccNioiinaie >p'nytl by S,.M 11 nk I.I 10111101 Ikloy cLCn EP{6 al nitp5:/'P'l.a.. Ierlauetlm ma IIA. A.M. WARNING THERE ARE UNPAID TAXES ON PROPERTY WHICH TOL OWN OR IN WHICH So. HAVE A ATYLIESt°OEWLLBE DO AT P9 LIC AUCTION On 10/10/1016 UNLESS THE BACK TAXES PAY- MEV AGN• TO TO FUR, THE. INFORMATION. CON- TACT THE CLERK OF COURT IMMEDIATELY AT 7300 VIR- %FPCeVf, IISSIw TTI 1- 6926 PmEtY ay .bT e r deemed Inmu.h me 54 LYCIe C Wnly lion C°I..to Wel `1r slwc- Co9eernr1l]2./67a1 M.°Tsx OMe Ibis 6th day DIAffl. 3016. AnOda RIDOML oeauly Cork SI rk.11 �niSAO Ca UN P,b14 BPlemb[r 6, 12. 19, 74 TCN 1019199 NOTICEOi 4PPLICATION FOR A%OFEa Tax °e5) Fite Na: 13308 NOTICE IS HEREBY MYEN. that CB INTERNATIONAL INVEST. MENT LLC Ine hdder at the f lowino ttr1111c0a}+e has Mae Ceed+n E`e IICOetl'Eel°It on. The ewlllkole number A. olllrie°IUtcmt C°vyrtuuk 51 Ludn Courcy Pum: September S. 12.19. 76 TCNHs I.... NOTICE OF APPItCAnON FON TAADEEO Tax Oeed FRe Na: - NOTICE IS HEREBY GIVEN 'hal MUSTSS.R ILC Iha ElwOkersof fIL•d sob eer111P[eflvil fpr18e lax deed to D Issaad Inme- an nm eINPlleele nlll'uu End ycfr of Isluanc,,Mthe Jw lloei..xt +nen °Wlikn r1 w.s afisivswd are as Iollawf: [Militate No. ]DIO/1)017 Unit 33 CmN.mx HHO MSN Hat130 FINO U. N0 LIT N1.0 VIN: EY1SKS289M41042B Cu At poll, Only. Sal VIN: LI) K5289X211W29 Carley Parts Only. 4 - INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason Brown; County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, I ; Community Development Director FROM: John W. McCoy, AICP; Chief, Current Development DATE: September 30, 2016 EMERGENCY ADDITION October 4,, 2016 Community Development Item 12.A.3 SUBJECT: SLV Millstone, LLC's Request for Final Plat Approval for Millstone Landing PD Phases 4, 5, and 6 [PD -04-04-08 / 2003100068-76768] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of October 4, 2016. BACKGROUND & CONDITIONS: The Millstone Landing PD Phases 4, 5, and 6 represent the remaining phases of the overall Millstone Landing PD which contains a total of 613 lots. Phases 4, 5, and 6 consist of 243 lots on 97.34 acres resulting in a density of 2.50 units/acre. Located on south side of 17" Street SW west of 27th Avenue SW, the overall Millstone Landing PD project is proposed to be developed in 6 phases, is zoned RS -3 (Residential Single -Family up to 3 units/acre), and has an L-1 (Low Density 1 up to 3 units/acre) land use designation. Phases 1, 2, and 3 are located between 171h Street SW and 21St Street SW and have been significantly developed with single-family homes. Phases 4, 5, and 6 are located south of 2lst Street SW. The density for the overall Millstone Landing PD project is 2.27 units per acre. There is a developer's agreement related to the overall project that controls the timing of some required off-site improvements. That agreement, approved by the Board July 12, 2005, needs to be updated prior to the phases 4, 5, and 6 final plat approval. The applicant and staff have agreed to a "First Amendment" to the agreement. That amendment will update the timing for required improvements to 17th Street SW and will link those improvements to upcoming, near-term building permit and certificate of occupancy benchmarks. The modified developer's agreement is linked to this final plat request through a companion staff report since it is likely that building permit activity in phases 4, 5, and 6 will trigger thresholds for completion of 17th Street SW design and construction. The developer's agreement First Amendment is requested to be considered at the October 4th Board meeting, just prior to consideration of this final plat request. That amendment should be approved prior to approval of this final plat request. On November 18, 2004, the Planning & Zoning Commission granted conditional preliminary PD plan/plat approval for all phases of the Millstone Landing PD. The applicant subsequently FACommunity. DevejopmenACurDevWinal Plats\BCC staffreports\2016 FPrpts\Ivli11stone4-6.rtf a.s9 A• 1 obtained a land development permit and commenced construction on the improvements. As of this time, the applicant has built 98% of the required on-site improvements for phases 4, 5, and 6 and has "bonded -out" for the remaining 2% of the required improvements. One of the conditions of PD approval is to improve 23`d Street SW that is adjacent to the southern perimeter of phases I 4, 5, and 6. The 23`d Street SW off-site improvement is not complete at this time and the applicant is "bonding out" to secure that improvement. The applicant has submitted the following: A final's plat in conformance with the approved preliminary PD plan/plat for phases 4, 5, and 6; 2. An Engineer's Certified Cost Estimate for the remaining required subdivision improvements for phases 4, 5, and 6; 3. An executed Contract for Construction of remaining required subdivision improvements and financial security in the form of a letter of credit in the amount of $ 162,405.00; 4. An Engineer's Certified Cost Estimate for completing 23`d Street SW improvements; and 5. An executed Agreement Concerning Offsite 231d Street SW Roadway Improvements and ; financial security in the form of a letter of credit in the amount of $295,307.58. �I The Board is now to consider granting final plat approval for Millstone Landing PD phases 4, 5, and 6. ' ANALYSIS: Most, but not all, of the required on-site subdivision improvements have been completed. As provided in the LDRs for a final plat application, the applicant is proposing to "bond -out" for the remaining 2% of required improvements (utilities, drainage, landscaping, and roadways). Public Works, Utility Services, and Planning have reviewed and approved the submitted Engineer's Certified Cost Estimate for the remaining on-site improvements, and an Engineer's Certified cost estimate for the off-site 23`d Street SW improvements. The County Attorney's Office has reviewed and approved the submitted Contract for Construction of Required Improvements (on- site subdivision improvements) and the Agreement Concerning off-site 23`d Street SW Roadway Improvements. The contract for construction and security arrangement, which represent 125% of the estimated cost to construct the remaining required on-site improvements, has been executed by the County Administrator and will be effective upon final plat approval. The Agreement Concerning Off-site 23`d Street SW for Roadway Improvements and security arrangement for 115% of the estimated cost to construct the roadway is presented herewith for Board approval. RECOMMENDATION: ,I Based on the above analysis, staff recommends that the Board of County Commissioners grant final plat approval for Millstone Landing PD phases 4, 5, and 6, and authorize the Chairman to execute the Agreement Concerning off-site 23`d Street SW Roadway Improvements. FACommunity Development\CurDev\Final Plats\BCC staffreports\2016 FPrpts\Mi11stone4-6.rtf .2 /1 A • 2 INDIAN RIVER COUNTY PLANNED DEVELOPMENT APPLICATION Please indicate the type of application being submitted: Conceptual PD Special Exception: Concurrent Conceptual PD Special Exception & PrellmWw y PD: Preliminary Planned Development: Final Planned Development: Note: For a PD rezoning please use the appropriate rezoning application. PROJECTNAME: Millstone Landing PD Phases 4, 5 & 6 X Plan Number: PD- 04-04-08 Project #: 2 0 03100 0 6 8 - fl PROPERTY OWNER (PLEASE PRINZ) APPLICANT (PLEASE PRINT) SLV Millstone, LLC Masteller, Moler & Taylor, Inc. NAME NAME 6310 Calpital Drive, Suite 130 ADDRESS Lakewood Ranch, Florida 34202 CITY, STATE, ZIP (941) 388-0707 PHONE NUMBER jbrian@starwoodland.com EMAIL ADDRESS - - - -- - John Brian CONTACT PERSON PROJECT ENGINEER (PLEASE PRINT) Masteller & Moler, Inc. NAME 1655 27th Street, Suite #2 ADDRESS Vero Beach, Florida 32960 CITY, STATE, ZIP (772) 567-5300 PHONE NUMBER -imboyer@bellsouth.net EMAIL ADDRESS _John M. Boyer, P.E. CONTACT PERSON 1655 27th Street, Suite #2 ADDRESS --- Vero Beach, Florida 32960 CITY, STATE, ZIP (772) 564-8050~ PHONE NUMBER dt5243@bellaouth.net EMAIL ADDRESS David M. Taylor CONTACT PERSON AGENT (PLEASE PRINT) Masteller, Moler & Taylor. Inc. NAME i 1655 27th Street, Suite #2 ADDRESS Vero Beach, Florida 32960 CITY, STATE, ZIP (772) 564-8050 PHONE NUMBER dt5243®bellsouth.net EMAIL ADDRESS Taylor, PSM, CFM PERSON SIGNATURE OF G ER R AGENT FACommugity Dovelopment\Users\CLrDeMppikaOons\PDAPP,doc Revised Jammy 2011 ATTACHMENT 1 Page. l of 3 ATTACHMENTS: 1 1. Application 2. Location Map 3. Plat Layout 4. Contract for Construction of Required Improvements (on-site subdivision) 5. Agreement Concerning Off-site 23rd Street SW for Roadway Improvements APPROVED IAG FOR: Acc"ei I� ITEM: Indian River County A d Date, Administrator I(V16 Legal 16)- - l Budget lb Risk Management Department 'le) 4 �4 F,\Community Development\CurDev\Final Plats\BCC staff reports\2016 FPrpts\1\4i11stone4-6.rtf TAX PARCEL ID #(s) OF SUBJECT PROPERTY; 33393400001009000001. 0, 33393400001010000001.0 PROPERTY CLASSIFICATION(S): Land Use Designation Zonine District Acreage L-1, L2 PD 97.343 TOTAL PROJECT ACREAGE: 9 7.3 4 3 1 EXISTING SITEUSE(8): Single-family Residential PROPOSED SITE USE(S) AND INTENSITY (e.g. # of units, square feet by use): Replat of a portion of Tracts 9, 10 & 11, Section 34, Township 33 South, Range 39 East, Indian River Farms Company Sub. for 243 single-family lots, private road i richt-of-ways and tracts. ** PLWE COMPLETE THE SUBMITTAL CHECKLIST ** The following items rnust be attached to the application: R If the applicant is other than the owner(s), a sworn statement of authorization from the owner; N A Two deeds and a verified statement naming every individual having legal or equitable ownership in the property; If owned by a corporation, provide the names and address of each stockholder owning more than 100/6 of the value of outstanding corporation shares; X Two eepies of the a 9mer's reeora d warranty deed; X A check, money order or cash made payable to "Indian River County": Planned Development Request - Conceptaal PD Special Exception W than 20 acres 12Q75.Q0 20-40 acres 2475.00 over 40 acres 2575.00 +100.00 for each additional 25 acres over 40 acres Preliminary PD Plan less than 20 acres $ 1150.00 2040 acres 1250.08 over 40 acres 1300.00 +50.00 for each additional 25 acres over 40 awes Final PD Plans $ 1400.00 h For concurrent application fees combine the appropriate fees and subtract 5400.00. �✓ � ' /V'„S FACorwnuni y DeYeioptnentllfscr3lCurD(rAApplications\PDAPP.doe Revised Jamery 2011 Page 2 of 3 AiTAHNT 1 X Ten sets of complete Conceptual, Preliminary or Final. PD (final plat plans must be signed and sealed by', .I surveyor). Plans as per Chapter 915, pursuant to the type of approval being requested. I NIA Any requirements of the zoning or subdivision ordinance which the applicant is requesting to be waived (such as minimum lot width and size, street frontage requiraments, setbacks, etc.), shall be clearly; indicated by section and paragraph numbers, together with the rationale for the waiver request(s), on an attached sheet. N/A 2 Aerials for conceptual or preliminary PDs N/A Itemized response to pre -application for conceptual or concurrent applications , X 2 sealed surveys I N/A 3 sets of floor plans and elevation for commercial or multi -family buildings N/A Written Statement and Photograph of Posted Sign For Final Plat's only N/A CONSTRUCTION COMPLETE - BUILT OUT: (A) ' Certificate of Completion from Public Works or copy of letter to Public Works and Utilities requiring inspection of improvements IF IMPROVEMENTS ARE DEDICATED TO THE PUBLIC: (B) Original Engineer's Certified Cost for Improvements (Signed and Sealed) OR X CONSTRUCTION INCOMPLETE - BONDING OUT: (A) Original Engineer's Certified Cost Estimate for improvements (Signed and Sealed) X COPIES OF DOCUMENTS TO BE RECORDED WITH THE FINAL PLAT: a. Covenants, Deed Restrictions, Bylaws, etc. or Statement There Are None b. Pioperty Owner's Association Articles of Incorporation or Statement Indicating Why Recording of POA is Not Required F:>?4��4eII!�AtlUurji?evlApgZlisona�PDAPP.d4�G 3tsvi�d JaP4�f 2Q11 PaLc 3 of 3 9TACHMOT 1 FO RS -3 (TRIPSON.TR) r SUGe: ATERA: B+YO-E- ROCKPORT ST SW f GRANVILLEMNR SW .�----------T----------� �r---------- I I` � I -1lCK CIRSW i �P ------- .\ Subj��ct_Sit' A-1 RS -3 0� odd: RS3�''��tiov 1 33393400001010000 01,0 &RSTI _ F st�►ne La a l '6g33393a0 U1U0Qb00DC11TD` `��----� Phased 49 59, 16 33393400001014000001.0 R �So-3 ¢ ¢ RS -3 m N N .,,.. . . .... 77 a' S-6 x 33393500001003000001.5 W . O; 1ST L VL. V6-1 a 11LINU A Ktt'LAI UI' A F-UKIION Uh IKACTS 9, 10 AND 11, SECTION 34, TOWNSHIP 33 SOUTH, RANGE 39 EAST, PLAT OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST LUCIE COUNTY SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. PSN 6: I I ezw• I I FO Z <- Qkb 1, lc3 a �q2I� m I TSDIo%61Ar � I N1354'33'E PLAT BOOK: PAGE DOCKET NUMBER: 1 - - - - vpc - - - - - - - - , GRAPHIC SCALE PRA OFFSPR i0 PEFLFLT EIS 61NJ I ' Ae TRAIL! ACDIGTIONNI-OF,-,A q Im 1 TRACT 'A' P/wP oEORIG BS TO NgAN FIVER wUNlY 0 , u OFFSET i0 aFFLECT TapC! a .B. } E 1066 e.N . ,L RIGHT -OF- AY 0CWLAR4V I 21ST STREET S. W. (TRIPSON TRAIL) (PUBLIC RIGHT OF WAY) THIS INSTRUMENT WAS PREPARED BY DA ND TAYLOR FOR MASTELLFR, MOLER k TAYLOR INC GENERAL NOTES SEE SHEET 2 OF 14 FOR GENERAL NOTES Tial v� 61KS LOT 0 P.R.M.-4'X4• CONCRETE MONUMENT SET AND ID Di — — — — — — — — — 6408' 6400• Bow' — — —� ABBREVIATIONS II RAW.CM $ 3 OLOT CORNERS TO BE MONUMENTED WITH A 112' 421 422 BM BENCH MARK VA - 5£!E—` LUE LINE OF TRACT II SI CONnM DLSTRU LNI ED ACCESS EASEMENT AS DEPICTED A THE APPROVED PERMIT. PRELIMINARY PUT AND LAND DEVELOPMENT PERMIT. L-----L----1----�--'--j CE CONMTVAnON EASEMENT _NORTH SHEET 3 OF 14 LB NAND NR UMNSED BUENESS NORM AMERICA! VERYCAL DATUM NON -RADIAL 6) LOT - CH CM OND WNCRETE MONUMENT 8 - I mACT OFFICAL RECORD BOOK PUT BOOK ((INDIAN RIVER GOLIATH D.E DGE EASEMENT RAINAGE Sw]H R/w LINE SUB -LATERAL LANAI B-10 589 J6'26E 677.33-ELEV w LOT LOT C0.4NER D.M.E..M.DRAINA YNNTENANLE EASEMENT ELEVAnON TRACT "C10" LANDSCAPE 406 5893' 7 .BS' a Y 569'JSYJ'E 6IAJ6' 404 B fEMA FEWDEN AL EMERGENCY MANAGEMENT ASSG LOT LOT LOT LOT w LOT LOT LOT 414 413 412 411 410 409 408 f u]lulY EAS VwZJ'fi6'E J0.P6' ��]6. I 6Gw_1 60.w'-� 60.44 60.w_ A,4 THIS INSTRUMENT WAS PREPARED BY DA ND TAYLOR FOR MASTELLFR, MOLER k TAYLOR INC GENERAL NOTES SEE SHEET 2 OF 14 FOR GENERAL NOTES Tial v� 61KS LOT 0 P.R.M.-4'X4• CONCRETE MONUMENT SET AND ID Di IDENTIFICATION IRON RODEE 6408' 6400• Bow' S23N' 60.00' 640a II RAW.CM INgBAN RPVER FARMS WATER 419 OLOT CORNERS TO BE MONUMENTED WITH A 112' 421 422 IRON ROD AND CAP STAMPED 'LB 4644' I wwTe'16• LOT L.A. CONnM DLSTRU LNI ED ACCESS EASEMENT AS DEPICTED A THE APPROVED PERMIT. PRELIMINARY PUT AND LAND DEVELOPMENT PERMIT. L-----L----1----�--'--j _ SHEET 3 OF 14 LB NAND NR UMNSED BUENESS NORM AMERICA! VERYCAL DATUM NON -RADIAL LOT LOT - _« 8 - ORB PB OFFICAL RECORD BOOK PUT BOOK ((INDIAN RIVER GOLIATH sZ LOT w LOT LOT LOT PBS PLAT BOOK (ST. WCIE COW 407 406 40531 404 403 R 402 R PC PCC POT OF CURVATURE PUNT , 0,,- Jz6r 56951'IJ'f N 6nw' h I'ry PCP 6 COAPOIND CURVE _ PERMANENT CONTROL PUNT ao.4o• 1f`F` z B�TA , - PD P.D.D.E. PLANNED DEVELOPMENT P -D. 8UFFER EASEMENT AL �t$ r LOTLOT 433 5 432 o ----------- PG PI PACE PUNT OF INTERSECTION l40Y B44Y 60.00' eaw• eaw' 60.0D' IW = PLS POB SURVEYOR NUMBER POINT OF BEGINNING ROCKPORT STREET S. W. - POC PRC PUNT OF COMLIENCEMENT PONT OF REVERSE CARVE — - (30' PR/VAIE NIGNi-OF-WAY) ur P, - --� W �y PRM PBM PT PERMANENT REFERENCE MONUMENT ENT PROFESSIONAL SURVEYOR AND MAPPER PONT OF TANGENCY Lan E W RP RADNS PONT A,4 THIS INSTRUMENT WAS PREPARED BY DA ND TAYLOR FOR MASTELLFR, MOLER k TAYLOR INC GENERAL NOTES SEE SHEET 2 OF 14 FOR GENERAL NOTES o -418 LOT 0 P.R.M.-4'X4• CONCRETE MONUMENT SET AND LOT rr � LOT w 420 a LOT LOT REVISIONS DATE ZONE HAZARD AREAS AS SHOWN ON MAPRNUMBERS GENCY MANAGEMENT -9z +— t SET UNLESS NOTED. A�f.ENCYL H AND 1201C0.370 H. DATED /2-4-12. 419 OLOT CORNERS TO BE MONUMENTED WITH A 112' 421 422 IRON ROD AND CAP STAMPED 'LB 4644' I wwTe'16• LOT a LOT LOT A 417 a AS DEPICTED A THE APPROVED PERMIT. PRELIMINARY PUT AND LAND DEVELOPMENT PERMIT. L-----L----1----�--'--j _ SHEET 3 OF 14 9U 415 416 n= IS'v.DBE-�U�,•.I� �� �60.0 6%� LANDSCAPE eaw BB w' LD p.I L� $ 8 ByA6 1Rol t F 1 , 0,,- Jz6r 56951'IJ'f 6nw' 6nw' z� I eom' ao.4o• 1f`F` z B�TA , - 56905'34 unar AL �t$ r LOTLOT 433 5 432 LOT 431 ----------- 4047 . ................. $ ......... s MATCHLINE SEE SHEET 4 THIS INSTRUMENT WAS PREPARED BY DA ND TAYLOR FOR MASTELLFR, MOLER k TAYLOR INC GENERAL NOTES SEE SHEET 2 OF 14 FOR GENERAL NOTES 1655 277H STREET, SUITE 2, VERO BEACH, FL. CERTIFICATE OF AUTHORIZA77ON NO. LB 4644 LEGEND PHONE 772-564-8050 FAX 772-794-0647 0 P.R.M.-4'X4• CONCRETE MONUMENT SET AND ORIGINAL PREPARA77ON DATE, 4/15/16 STAMPED 'PFM PSM 5243' UNLESS NOTED OTHERWISE. REVISIONS DATE ZONE HAZARD AREAS AS SHOWN ON MAPRNUMBERS GENCY MANAGEMENT QP.C.P=NAIL AND TAB STAMPED 'PCP PSM #5243' SET UNLESS NOTED. A�f.ENCYL H AND 1201C0.370 H. DATED /2-4-12. NOTE. THE BVII.pE OWNER SHALL BE RESPONSIBLE FORFRONOIGE OLOT CORNERS TO BE MONUMENTED WITH A 112' 4 IRON ROD AND CAP STAMPED 'LB 4644' R/W RION T OF WAY UTRJTY EASEMENT Y 2 E.A.E. EMERGENCY ACCESS EASEMENT I6.00'TS.w' R � LLpp 423 424 m 425 ` LOT�0 R a N 426 CURVE TABLE CURVE / LENGTH RADIUS DELTA CHORD ERG. CHORD II_ry V rvl� Ct 151.N 66w TSBVN-49' Sl6'Y'J9'C 6nw' 64w' 60.w' I )10.5' � � I•u I~, C2 J}JK TS00 OJ6i5'O1' N51Tf'TYE .10.9) O6'D1T 4ffi ]A6'(Dj IDI' CJ Js.JS 2}0 wOTt'o6' uKN9o'JO'w J5tl NyTD9'3 9'E JB6T' ]Ef7 �6 TL�1C,cs 51 AJ0.w 476-49'41• S36Y9'21•1 531.79 BOW 60.w' 6a., I.! LOT a LOT a LOT I a LOT I�y JIJI,� 430 &" 429 428 "a 427 I;- .... ...r....I......J. I II SHEET INDEX NOTE: NO RVILOING PERMIT WILL BE ISSUED FO] DEVELOPMENT OF ANY LOT -----T----r---- 1 OR TRACT UNLESS AND UNTIL AN INIIUL AND FINAL CONCURRENCY OF THE LOT OR FCO AADEQUCT IS O�TANED.ME I I HATCHED AREAS AS SHOWN REPRESENT APPROXIMATE FLOOD IINNDDIAN RIVER COR OUNTY DOES NO GUA AN E MAN Y CAPACTY WILL EXIST AT THE TIME WEN AN APPUCANT OR APPLICANTS SUCCESS OR CHOOSES TO APPLY FOR AND OBTAIN A i ZONE HAZARD AREAS AS SHOWN ON MAPRNUMBERS GENCY MANAGEMENT CONCURRENCY CERTIFICATE I A�f.ENCYL H AND 1201C0.370 H. DATED /2-4-12. NOTE. THE BVII.pE OWNER SHALL BE RESPONSIBLE FORFRONOIGE 4 MES ISE SIDEWALK REWIRED ALONG MS LOTS STREETIFRONTAGE AS DEPICTED A THE APPROVED PERMIT. PRELIMINARY PUT AND LAND DEVELOPMENT PERMIT. L-----L----1----�--'--j SHEET 3 OF 14 Presentation of drawing documents in compliance with this letter of credit shall be presented at our office at the above address on or before the expiration date, not later than 3:00 p.m. Alternatively, presentation of such drawing documents may be made via facsimile transmission to 941-739-7005, or to such other fax number identified by us to you in writing. In the event of a fax presentation, you shall: (i) provide telephonic notification thereof to us at 941-739-7025, or to such other telephone number identified by us to you in writing, and (ii) send the original of such drawing documents to us via overnight courier at the above address, provided, however, that our receipt of such telephonic notification and original documents shall not be a condition to payment hereunder. Any change in fax number, phone number or address affecting 1 presentation, must be provided immediately in writing to the attention of Office of Management and Budget, at Beneficiary's address. Such fax presentation shall be considered the operative presentation, provided, however, that any presentation received by us after 3:00 p.m. Eastern time shall be deemed to have been presented on the next banking day. The venue is Indian River County, Florida and any disputes will be governed by the laws of Florida. Sincerely, By Attest: 2 ATTACHMENT 4 project: Millstone Landing Phases 4-6 PD -04-04-08 AGREEMENT CONCERNING OFFSITE 23RD STREET SW ROADWAY IMPROVEMENTS (RE: RIGHT-OF-WAY PERMIT NO. 2016010116) THIS AGREEMENT, made and entered into this � day of September, 2016 by and between SLV MILLSTONE, L.L.C., a Delaware limited liability company, having a mailing address of 591 W. Putnam Avenue, Greenwich, CT 06830, hereinafter referred to as "Developer,!and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as "County". WITNESSETH: WHEREAS, Developer, as a condition of project approval, is required to construct certain off-site improvements within the County right-of-way; and WHEREAS, pursuant to Indian River County Code Section 312.11, and as a condition of County right-of-way permit #2016010115, Developer is required to post acceptable security in either the form of cash or a letter of credit from an acceptable lending institution, in the amount of 115% of the estimated costs of the proposed improvements, submitted by an engineer registered in the State of Florida to practice professional engineering, and approved by County, to guaranty installation and completion of the required improvements to the satisfaction of County; and WHEREAS, Developer is in the process of working out the language with County with regard to a Developer's Agreement which would include the timing and construction of the 23rd Street SW roadway improvements under right-of-way permit #2016010115; and WHEREAS, Developer is desirous of moving forward with its project and receiving final plat approval in advance of the Developer's Agreement being finalized; and WHEREAS, as an inducement for the project to receive final plat approval, Developer has heretofore posted acceptable security in the form of a letter of credit, expiring 15 months from the date of issuance, in the amount of $295,307.58, which is 115% of the estimated cost of construction of the required 23rd Street SW roadway improvements, a copy of the approved cost estimate is attached hereto as Exhibit "A"; and WHEREAS, once the Developer's Agreement has been finalized and executed, with the timing and construction of the required 231d Street SW roadway improvements having been addressed in said Developer's Agreement, the Developer's Agreement will control, and the security posted under this Agreement will be released, NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES HEREIN CONTAINED, the parties agree as follows: ATTACHMENT 5 w- MILLSTONE LANDING PD PHASES 4, 5 AND 6 BEING A REPLAT OF A PORTION OF TRACTS 9, 10 AND 11, SECTION 34, TOWNSHIP 33 SOUTH, RANGE 39 EAST, PLAT OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY ®® SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. MATCHLINE SEE SHEET 7 ■....... . . ...... . . ............. ...... .�����. . .....,. . . . . . . ... . . . . . . . . . . . . ... Pr U iv LOT LOT LOT (j iv g LOT L_6n>s \8 �y �1 LOT $ 1 LOT a, 458 459 460 a v m 485 D-22,6'se•—� i 496 456 0 ` R" D-zo' JSw• ry 6).50' 6730' 60.00' N 589Z5'12•E 1)0 BB' 0.81' S89ZSYzt r2a01' W 2sgr s e t �—An. y^ LOT vi 3 I N I LOT g k I 1 _ g h 486 d k o I� 495 LOT R d 1 \ ''D•, se9zs'I2'E tJs n• Iwlp O; �� se9�s•r2t izs99• " NBDT9'JYW Srl]Y F -- MACE �1—LANDSCAPE ^ N89'K2'M-W 199.89' TRACT C11" LIE N69.39'27 -W 1329.48' — THIS INSTRUMENT WAS PREPARED BY DAVID TAYLOR FOR MASTELLER, MOLER & TAYLOR INC. 1655 27TH STREET, SUI7E 2, VERO BEACH, FL CER7/RCA7E OF AUTHORIZATION NO. LB 4644 PHONE 772-564-8050 FAX 772-794-0647 ORIGINAL PREPARATION DATE.• 4/15/16 TRACT 15 BECTON 34-33-39 INDIAN RIVER FARMS COMPANY P.B.S. 2. PG 25 (now Indian Rlv County) GENERAL NOTES SEE SHEET 2 OF 144 S FOR GENERAL NOTE LEGEND 0 P.R.M.=4"X4" CONCRETE MONUMENT SET AND STAMPED "PRM PSN 5243- UNLESS NOTED OTHERWISE. Q P.C.P =NAIL AND TAB STAMPED "PCP PSM 15243" SET UNLESS NOTED. PLOT CORNERS TO BE MONUMENTED W774A 7/2" IRON ROD AND CAP STAMPED "LB 4644" NOTE: NO BUILDING PERMIT WILL BE ISSUED FOR DEVELOPMENT OF ANY LOT OR TRACT UNLESS AND UNTO. AN INITIAL AND FINAL CONCURRENCY CERTFlCATE FOR DEVELOPMENT OF THE LOT OR TRACT IS OBTAINED. INDIAN RIVER COUNTY DOES NOT GUARANTEE THAT ADEQUATE CAPACITY WILL EXIST AT TRE TIME WHOM AN APPLICANT OR APPLICANTS SUCCESSOR CHOOSES TO APPLY FOR AND OBTAIN A CONCURRENCY CERTFICATE. NOTE TRE SUILDER/LOT OWNER SHALL BE RESPONSIBLE FOR PROVIDWG THE SIDEWALK REGUIRED ALONG HIS LOTS STREET FRONTAGE AS DEPICTED ON THE APPROVED PROTECT PRELIMINARY PUT AND LAND DEVELOPMENT PERMIT. GRAPHIC SCALE 1i le -�iDlN. CURVE TABLE CURVE / LENGTH RADIUS I DELTA CHORD ORO.. CHORD 05 560.73 356.64 p90D3'IS• NN5'21'JN-E 501.73 .1 91.16 15500 OJJYB'2)• NI619'26'W 90.11 M2 120.96 20500 033.18'27' 41619.26-W 119.21 C6] 8.66 2500 W210O' 310'JO'57Y 9.62 L61 26&01 56.00 76.23 Che -21• NJ6'JS'Ie•E 1910 ABBREVIATIONS ___ _ ___ ____ ___ _ ___ _ ______ 1-I. CONSERVATION EASEMENT CHORD 1 CONCRETE MONUMENT DRAINAGE EASEMENT 1 7/ FD/FND FENMA FOUND FEDERAL EMERGENCY MANAGEMENT ASSC LOTtlgr-----LOT IDENMFICATON IRON ROD �R .F.W.C.D. INDIIAANPIR VEER FARMS WATER CONTROL DISIMCT L.A.E LIMITED ACCESS CASEI.(E!T LB NA VD LICENSED BUSIESS NORTH AMERICAN VERTCAL DATUM MR OR NON-RA.AL OFFICIAL RECORD BOOK 87 Iryl 7'Iwl PC PUNT OF CURVATURE PCC PCP PdNT OF COMPOUND CURVE PERMANENT CONTROL PUNT PD B.E. tl N� L.E74' li O.R. Bu 2B4EAS76. EGENT PLS POB POC PRC PUNT OF COMMENCEMENT PUNT OF REVERSE CURVE PRM PSM PERMANENT REFERENCE MONUMENT PROFESSIONAL SURVEYOR AND MAPPER se92s'rz-E reser o-J39•ze• Se92s•rz-E 12599• R/W RIGHT OF WAY U.E. E.A.E. UTUTY EASEMENT EMERGENCY ACCESS EASEMENT 454 w j D z AE g LOT o-e`emsei d° ��I LOT W- Mali et 8 488,�'L o -Tei W LOT I I •So•493 0 453 Se973Y2 E 130.00'D 2ZI'JB Se923'12 E 123.26' STGR ER M AGEME • NLW-RAdAL L.S0.b W'2FI2T LOT D-srw3r,j 2100•U.E. NON -FAWN. H Q 3 A g g e 489 fo uE. RP r�LOT '`G / 492 Q \tt S I + 1 8 Se9Z3'r2•E I.MOY �) S69Z112E 123.22' NIe'10'31'E 10.92' LOT -�,p)41/ NStZe'WW 0.9Y WD LOT 1 490 . 491 ° TRACT "C2" `\ n6.m• �_ ____ ____ ____ ____ ____ __ 1a1e9' " NBDT9'JYW Srl]Y F -- MACE �1—LANDSCAPE ^ N89'K2'M-W 199.89' TRACT C11" LIE N69.39'27 -W 1329.48' — THIS INSTRUMENT WAS PREPARED BY DAVID TAYLOR FOR MASTELLER, MOLER & TAYLOR INC. 1655 27TH STREET, SUI7E 2, VERO BEACH, FL CER7/RCA7E OF AUTHORIZATION NO. LB 4644 PHONE 772-564-8050 FAX 772-794-0647 ORIGINAL PREPARATION DATE.• 4/15/16 TRACT 15 BECTON 34-33-39 INDIAN RIVER FARMS COMPANY P.B.S. 2. PG 25 (now Indian Rlv County) GENERAL NOTES SEE SHEET 2 OF 144 S FOR GENERAL NOTE LEGEND 0 P.R.M.=4"X4" CONCRETE MONUMENT SET AND STAMPED "PRM PSN 5243- UNLESS NOTED OTHERWISE. Q P.C.P =NAIL AND TAB STAMPED "PCP PSM 15243" SET UNLESS NOTED. PLOT CORNERS TO BE MONUMENTED W774A 7/2" IRON ROD AND CAP STAMPED "LB 4644" NOTE: NO BUILDING PERMIT WILL BE ISSUED FOR DEVELOPMENT OF ANY LOT OR TRACT UNLESS AND UNTO. AN INITIAL AND FINAL CONCURRENCY CERTFlCATE FOR DEVELOPMENT OF THE LOT OR TRACT IS OBTAINED. INDIAN RIVER COUNTY DOES NOT GUARANTEE THAT ADEQUATE CAPACITY WILL EXIST AT TRE TIME WHOM AN APPLICANT OR APPLICANTS SUCCESSOR CHOOSES TO APPLY FOR AND OBTAIN A CONCURRENCY CERTFICATE. NOTE TRE SUILDER/LOT OWNER SHALL BE RESPONSIBLE FOR PROVIDWG THE SIDEWALK REGUIRED ALONG HIS LOTS STREET FRONTAGE AS DEPICTED ON THE APPROVED PROTECT PRELIMINARY PUT AND LAND DEVELOPMENT PERMIT. GRAPHIC SCALE 1i le -�iDlN. CURVE TABLE CURVE / LENGTH RADIUS I DELTA CHORD ORO.. CHORD 05 560.73 356.64 p90D3'IS• NN5'21'JN-E 501.73 .1 91.16 15500 OJJYB'2)• NI619'26'W 90.11 M2 120.96 20500 033.18'27' 41619.26-W 119.21 C6] 8.66 2500 W210O' 310'JO'57Y 9.62 L61 26&01 56.00 76.23 Che -21• NJ6'JS'Ie•E 1910 ABBREVIATIONS EM BENCH MARK Q CH CONSERVATION EASEMENT CHORD CM 0.E CONCRETE MONUMENT DRAINAGE EASEMENT D.M.E. EEV DRAINAGE MAINTENANCE EASEMENT ELEVATION FD/FND FENMA FOUND FEDERAL EMERGENCY MANAGEMENT ASSC ID IR IDENMFICATON IRON ROD �R .F.W.C.D. INDIIAANPIR VEER FARMS WATER CONTROL DISIMCT L.A.E LIMITED ACCESS CASEI.(E!T LB NA VD LICENSED BUSIESS NORTH AMERICAN VERTCAL DATUM MR OR NON-RA.AL OFFICIAL RECORD BOOK PB PBS PLAT BOOK (INDIAN RMC PUT BOOK ST. WOE COUMTTY�) PC PUNT OF CURVATURE PCC PCP PdNT OF COMPOUND CURVE PERMANENT CONTROL PUNT PD B.E. PUNNED DEVELOPMENT P.D. UFFER EASEMENT PG PI PUNT OF INTERSECTON PLS POB SURVEYOR'S NUMBER PUNT OF BEGINNING POC PRC PUNT OF COMMENCEMENT PUNT OF REVERSE CURVE PRM PSM PERMANENT REFERENCE MONUMENT PROFESSIONAL SURVEYOR AND MAPPER PT RP PUNT OF TANGENCY RAM PONT R/W RIGHT OF WAY U.E. E.A.E. UTUTY EASEMENT EMERGENCY ACCESS EASEMENT SHEET INDEX --I-----T----r---- HATCHED AREAS AS SHOWN REPRESENT APPROXIMATE .".--VE ATE HAZARD AREAS AS SHOWN ON FEDERAL EMERGENCY MANAGEMENT 1 AGENCY MAP 121C358 12-4-721 AND 120 CO370 H,BERS DATED I I I I I � I L----- SHEET 8 OF 14 Hvj A MILLSTONE LANDING PD PHASES 4,5 AND 6 BEING A REPLAT OF A PORTION OF TRACTS 9, 10 AND 11, SECTION 34, TOWNSHIP 33 SOUTH, RANGE 39 EAST, ®® PLAT OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST LUCIE COUNTY SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. 1 I 1 1 Ei OCFSEI ro acnccT TRACT A 1 ��o uIu acHi-of-wAr omunw, 1 z�m 7 8 B'G 0 9 1 1 nran CORNER _/4 SECTroN IME � � — 1 1 N89J5J]•W 42520' TRY PSII'�524-' 58915 Jr NI 1 1aoo�oc TRACT "C11" LANDSCAPE 1N 569 '33•E 98R 91' 11- ---- ____ ____ ___ VH>K• 2A91' 60.00' 6n00' 60.00' 60.00' 6n00' 1 W _____ LAl J4 I= aW29t10 IN 1 J7 e 8 8 $ ^ $ IW a�yp5� y LOT r LOT LOT "_ LOT LOT 8 LOT LOT IN WI 506 507 508 509 510 511 512 N fi LOT t � w �afiS� fie 505 all L-> s• : � ' LOT s z aJBa7na• z _ L — 2 1-, m I 504 'Y, ]� _ 2-- _ a -m-_ _eaoo• _ an6o' a so oo•— —Baoo• � 71 AC C9d I 'S. D2y27 — sa9.3s'1T-Is6uo• $ —1 v M G IE `dR '� Ts�5,r�5°5- Pr GRANWLLE MANOR S. W. —W'W'r 964.7a FLOVA ZONE LOT 1.3 503 I "y ,,AAa5,✓ \8./ / (50• PRIVATE RIGHT-OF-WAY) 1 4P. .0'y§�d r __ - 9�.6.33•E_aes •__ 7 WCL P, �`J• I ��9 ^'Spy95 Y$ -� ,�7 02^— 5272 60.00' 6405'_ 6).So'L -i'7 _ —I LOT4�. �raas��� 4f�/ 6s5Q /'$ $ 502 a° VII ' § LOT Yip LOT LOT LOT I" I LOT "- 1 e 538 r E« 537 t 536 tr 535 534 k 1 LOT n Fm n I 1 0g° LOT KI /Q539501 �`'ms "�ra_l 5277 60.00' 60.00' 6>AO' 6>.50' 1 1 � ">439}> N L v •� `•�'H _ _ ___se91s'm2 Or. n' 1 LOT LOT 19i 540 r 50D fi E OOA N -E 1.3' 1 N •� LOT N>noy6y. � F i II >o�w 7�s� 39J• I' � 9=----'=s�- -=------------- -- ------------- MATCHLINE SEE SHEET f0 GRAPHIC SCALE 1 ile .r�.iP 1 n CURVE TABLE CURVEI LENGTH RADIUS DELTA CHORD BRG CHORD L66 520.72 40a 00 074J5'15• NSJD6'50'E 484.72 C67 J5799275.00 O)4JSY5'96'30'( JJJ25 C6B 292.90 22500 -513' x5306'30'[ 372.66 L69 130.18 100.W 0)4J5't5• N51D6'S0'C 3118 ABBREVIATIONS BM BENCH MARK 1 CONSERVATION EASEMENT CHORD 1 CONCRETE MONUMENT DRAINAGE EASEMENT 1 •a' 1 TRACT ap O.a.B. 111 11 TO I RIVER COUNTY ER 92J, PAAG(ll 1086 1 21ST STREET S. W. (TRIPSON TRAIL) 1 (PUBLIC RIGHT OF WAY) 1 UMITED AUESS EASEMENT LB NAVA UCENMI BUSINESS NORTH AMERICAN VERTICAL DATUM NR ORB N B9'J3'] ,0 } 1J TRACT LORxFR iRAC,CT CORNER 1 - -1 R/W LING BUB -LATERAL CANAL 8-10 PCC PCP r-- S89'35.33E 1265.95' I 1 1 1aoo�oc TRACT "C11" LANDSCAPE 1N 569 '33•E 98R 91' 11- ---- ____ ____ ___ VH>K• 2A91' 60.00' 6n00' 60.00' 60.00' 6n00' 1 W _____ LAl J4 I= aW29t10 IN 1 J7 e 8 8 $ ^ $ IW a�yp5� y LOT r LOT LOT "_ LOT LOT 8 LOT LOT IN WI 506 507 508 509 510 511 512 N fi LOT t � w �afiS� fie 505 all L-> s• : � ' LOT s z aJBa7na• z _ L — 2 1-, m I 504 'Y, ]� _ 2-- _ a -m-_ _eaoo• _ an6o' a so oo•— —Baoo• � 71 AC C9d I 'S. D2y27 — sa9.3s'1T-Is6uo• $ —1 v M G IE `dR '� Ts�5,r�5°5- Pr GRANWLLE MANOR S. W. —W'W'r 964.7a FLOVA ZONE LOT 1.3 503 I "y ,,AAa5,✓ \8./ / (50• PRIVATE RIGHT-OF-WAY) 1 4P. .0'y§�d r __ - 9�.6.33•E_aes •__ 7 WCL P, �`J• I ��9 ^'Spy95 Y$ -� ,�7 02^— 5272 60.00' 6405'_ 6).So'L -i'7 _ —I LOT4�. �raas��� 4f�/ 6s5Q /'$ $ 502 a° VII ' § LOT Yip LOT LOT LOT I" I LOT "- 1 e 538 r E« 537 t 536 tr 535 534 k 1 LOT n Fm n I 1 0g° LOT KI /Q539501 �`'ms "�ra_l 5277 60.00' 60.00' 6>AO' 6>.50' 1 1 � ">439}> N L v •� `•�'H _ _ ___se91s'm2 Or. n' 1 LOT LOT 19i 540 r 50D fi E OOA N -E 1.3' 1 N •� LOT N>noy6y. � F i II >o�w 7�s� 39J• I' � 9=----'=s�- -=------------- -- ------------- MATCHLINE SEE SHEET f0 GRAPHIC SCALE 1 ile .r�.iP 1 n CURVE TABLE CURVEI LENGTH RADIUS DELTA CHORD BRG CHORD L66 520.72 40a 00 074J5'15• NSJD6'50'E 484.72 C67 J5799275.00 O)4JSY5'96'30'( JJJ25 C6B 292.90 22500 -513' x5306'30'[ 372.66 L69 130.18 100.W 0)4J5't5• N51D6'S0'C 3118 ABBREVIATIONS BM BENCH MARK CE ON CONSERVATION EASEMENT CHORD CM D.E. CONCRETE MONUMENT DRAINAGE EASEMENT D.M.T. MEVVN DRAINAGE MAINTENANCE EASEMENT ELE VATION TEMA D -.AL EMERGENCY MANAGEMENT ASSG ID IR OrTICAMON RON ROD I N.F.WGU. IND`IAIANPRINIVEER FARM WATER CONTROL DISTRICT LAE UMITED AUESS EASEMENT LB NAVA UCENMI BUSINESS NORTH AMERICAN VERTICAL DATUM NR ORB NON -RADIAL OFFTUAL RECORD Sod( PB PBS PUT BOd( ((INDIAN PoYER COVNTI� PUT BDIX (ST. LUC6. dXRITY) PC PUNT OF CURVATURE PCC PCP POINT OF COMPOUND WRVS PERMANENT CONTROL POINT PD P.D.B.E. PLANNED DEVELOPMENT P.D. BUTTER EASEMENT PG PI PACE POINT OF INTERSECTION IS SORVEYOR's NUMBER POB POC POINT OF BEGINNING PUNT A COMMENCEMENT PRC PRN POINT OF REVERSE CURVE PERMANENT REEERENOE MONUMENT PSM PROFESSIONAL SURVEYOR AND MAPPER PT RP POINT OF TANGENCY RADIUS PUNT R/w RIGHT OF WAY U.E. E.A.E. UTILITY EASEMENT EMERGENCY ACCESS EASEMENT GENERAL NOTES SHEETINDEX 1N/S IN57RUMEN WAS PREPARED BY DAVID TAYLOR -----T ---- _ FOR MAS LER' MOLER & TAYLOR INC SEE SHEET 2 OF 14 FOR GENERAL NOTES. � 1 NOTE: HATCHED AREAS AS SHOl4N 1655 27TH STREET, SUITE 2, VERO BEACH, FL. NO BUILDING PERMIT MU BE ISSUED FOR DEVELOPMENT OF ANY LOT I I I ,REPRESENT APPROXIMATE FLOOD ZONE CER77FICATE OF AUTHORIZA7/ON NO. LB 4644 LEGEND OR TRACT UNLESS AND UNITE AN (NIDAL AND FINAL CONCURRENCY I I - HAZARD AREAS AS SHOWN ON PHONE 772-564-8050 FAX 772-794-0647CERTIn AM FOR DEVELOPMENT OF TIE LOT OR TRACT IS OBTAINED. FEDERAL FEDERAL EMERGENCY MANAGEMENT O P.R.M.=4'X4' CONCRETE MONUMENT SET AND INDIAN RIVER COUNTY DOES NOT GUARANTEE THAT ADEQUATE 1 AGENCY MAP NUMBERS 120100358 H ORIGINAL PREPARARON DA TE.- 4/15/16 STAMPED 'PRM PSM 5243' UNLESS NOTED CAPAUTY WU. EXIST AT TIE TIME WHEN AN APPLICANT OR I I I AND 1201CO370 H. DATED 12-4-12. OTHERWISE COPU��N�C SUCCESSOR DOSES TO APPLY FOR AND OBTAIN A REVISIONS DATE � P.C.PTE UNLE-NAM AND TAB STAMPED 'PSM 15243' SET NOTE Q LOT CORNERS TO BE MONUMEN7ED WITH A 1/2" THE BUILDER/LOT OWNER SHALL BE RESPONSIBLE FOR I I I IRON ROD AND CAP STAMPED "LB 4644' PROVIDING ]HE SOMALI REQUIRED ALONG HIS LOTS STREET I I FRONTAGE AS DEPICTED ON THE APPROVED PROXCT REVISED PER COMMENTS 7/07/16 PRELIMINARY PLAT AND LAND DEVELOPMENT PERMIT. L__---L_--_1____L____J BEING A REPLAT OF A PORTION OF TRACTS 9, 10 AND 11, SECTION 34, TOWNSHIP 33 SOUTH, RANGE 39 EAST, PLAT OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION AS RECORDED IN PLAT BOOK 2, PACE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY ®® SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. MATCHLINE SEE SHEET 3 ■rrr1.1..wrl.rrr. . .l..rrrrrr.rrrr4.r��� rr�rr--------------------- ---- `aE LOT LOT LOT = LOT LOT a LOT „ 427 LOT 433 W 432 l 431 h 430 429 W 428 I . ; W GRAPHIC SCALE 1. s�1N 483 a , a Ne9wrd•w 1=So0• o tJABBREVIATIONS (70 I LOTI- U �Iw BN BENCH MARK E TION -E .0• 1 -g, 482 �I� o ` CCH CHC OSENVATION EASEMENT Iw Q CM CONCRETE MONUMENT n D.E. DRAINAGE EASEMENT _ - PI , D.M.E. DRAINAGE MAINTENANCE EASEMENT RMMA MENON 1 Na9•.1'd•w 12500' B" ELEVATI LOT W T I b n n� ' FOUND ID A FEDERAL EMERGENCY MANAGEMENT ASSF ID IDENTIFICATION 1 i $ 481 I $Iw 7• IR RON ROppDEE $Ib o IR.F.W.C.D. IINDAI NPPINR FARMS WATER CONTROI. DISTRICT LAE. UMITED ACCESS EASEMENT I$ lB LICENSED BUSMESS I Nd9'II'd'W 12500' `� NAW NORTH AMERICAN VERTICAL DATUM t0'U. E. I lob NR NON -RADIAL LOTORB OFFICIAL RECORD BOOK $ PB PUT BOOK r(l.lAN RIVER CW{{!!T>7 W 480 I IF- I , PBS PLAT BOOK (ST. LUCIE CWNttJ PC POINT OF CURVATURE PCC POINT OF COMPOUND WRVS PCP PERMANENT CONTROL PONT 014 L I Po PANNED DEVELOPMENT 7 I �I� PC.B.E. PACE UFFER EASTS.ENT b4ry PI PONT OF INTERSECTIO -�i- -- -�7 PLS WRVEOF NUMBER ------- - j POB PONT OF BEGINNING POC POINT OF COMMENCEMENT PRC PONT OF REVERSE CURVE SHEET INDEX PSM PROFESSIONALWRWTOR AND MAPPER PT POINT OF TANGENCY RP RADUS PONT NOTE: I I UE UGTYEASflAENT NO BUILDING PERMIT MILL BE ISSUED FOR DEMMOPMENT OF ANY LOT I I I EAE. EMERGENCY ACCESS EASEMENT OR TRACT UNLESS AND UNTIL AN INITIAL AND FINAL CONCURRENCY CERTIFICATE FOR DEVELOPMENT OF THE LOT OR TRACT IS ORTANED. 1 INDIAN RIVER COUNTY DOES NOT GUARANTEE THAT ADEOUAIE CAPACITY WILL EXIST AT THE TIME WHEN AN APPLICANT OR I I HATCHED AREAS AS MHOWN APPUCANT'S SUCCESSOR CHOOSES TO APPLY FOR AND OBTAIN A I I REPRESENT APPROXIMATE FLOOD ZONE CONCURRENCY CERTIFICATE 4 HAZARD AREAS AS SHOWN ON FEDERAL EMERGENCY MANAGEMENT NOTE, I I I AGENCY MAP NUMBERS 120100358 H THE SURDER7LOT OWNER SMALL BE RESPONSIBLE FOR I I AND 120100370 H. DATED 12-4-IZ PROVIDING THE MEW" REWIRED ALONG HIS LOTS STREET FRONTAGE AS DEPICTED ON THE APPROVED PROJECT L__--_L_---1____L____J PRELIMINARY PLAT AND LAND DEVELOPMENT PERMIT. $HEFT 4 OF ------------------ r W r --------- r i - m ----- r r r r r r - r - - r - - - - r - r MATCHLINE SEE SHEET 5 THIS INSTRUMENT WAS PREPARED BY DAVID TAYLOR FOR MASTELLER, MOLER R TAYLOR INC. 1655 277H STREET, SUITE 2, VERO BEACH, FL C£R77F7CATE OF AUTHORIZA77ON NO. LB 4644 PHONE 772-564-8050 FAX 772-794-0647 ORIGINAL PREPARA7101V DATE4/15/16 GENERAL NOTES SEE SHEET 2 OF 14 FOR GENERAL NOTES. LEGEND El P.R.M.=4'X4' CONCRETE MONUMENT SET AND STAMPED 'PRM PSM 5243" UNLESS NOTED OTHERWISE. QP.C.P=NAIL AND TAB STAMPED 'PCP PSM 15243• SET UNLESS NOTED. O LOT CORNERS TO BE MONUMENTED WITH A 1/2* IRON ROD AND CAP STAMPED 'LB 4644" CURVE TABLE CURVE I LENGTH RADIUS I DELTA CHORD BRG CHORD CS 57&51 130.00 o_.*O2' SJ6Y9'S4•W SJ4.29 C7 97.96 =OD OID'a2Y6• Nrb'SJT4'W 97.% CB .231 300.00 009W N' -1129•W 42.41 C9 59.36 J2500 0107959• 1-9'411V 5947 C11 140.49 J00.DO OIbwB'3.• N11'49'S1•W 139.21 112 11&76 27500 OI6N9'.N• NtY495t•w 127.61 CiJ JS 73 2100 OBIW'11' M41•31.23•E 3277 C14 J5.69 2100 d1Y1'12• N56'36'15•W LIS N.2J 1)100 007 -'Or• 2..11 CIb 17.69 200.00 OOY56'Of• 586i5'39•M' 27.67 C17 Jr.IJ 1=3.00 ODIII'Of' SB6R3'99'W .1- ". 471.16 JW.d 06959'07• S457126•W 424.21 Cr9 392.0 2a00 06938'07• 54574'26-W 15-1 Lz0 1-700 090•o0.OD• s4s�4•sJ•w C21 J9.27 2Sd 09OTN'00• N4435'07 W 3SJ6 C21 W21 2500 00b0'd• S. -,--w J536 C2J J&99 2&W OB `23• 5..54'26•E J116 c2. 01.4 50 09zTs•5T• s.b3z'w•w Iea3. 483 a , a Ne9wrd•w 1=So0• o tJABBREVIATIONS (70 I LOTI- U �Iw BN BENCH MARK E TION -E .0• 1 -g, 482 �I� o ` CCH CHC OSENVATION EASEMENT Iw Q CM CONCRETE MONUMENT n D.E. DRAINAGE EASEMENT _ - PI , D.M.E. DRAINAGE MAINTENANCE EASEMENT RMMA MENON 1 Na9•.1'd•w 12500' B" ELEVATI LOT W T I b n n� ' FOUND ID A FEDERAL EMERGENCY MANAGEMENT ASSF ID IDENTIFICATION 1 i $ 481 I $Iw 7• IR RON ROppDEE $Ib o IR.F.W.C.D. IINDAI NPPINR FARMS WATER CONTROI. DISTRICT LAE. UMITED ACCESS EASEMENT I$ lB LICENSED BUSMESS I Nd9'II'd'W 12500' `� NAW NORTH AMERICAN VERTICAL DATUM t0'U. E. I lob NR NON -RADIAL LOTORB OFFICIAL RECORD BOOK $ PB PUT BOOK r(l.lAN RIVER CW{{!!T>7 W 480 I IF- I , PBS PLAT BOOK (ST. LUCIE CWNttJ PC POINT OF CURVATURE PCC POINT OF COMPOUND WRVS PCP PERMANENT CONTROL PONT 014 L I Po PANNED DEVELOPMENT 7 I �I� PC.B.E. PACE UFFER EASTS.ENT b4ry PI PONT OF INTERSECTIO -�i- -- -�7 PLS WRVEOF NUMBER ------- - j POB PONT OF BEGINNING POC POINT OF COMMENCEMENT PRC PONT OF REVERSE CURVE SHEET INDEX PSM PROFESSIONALWRWTOR AND MAPPER PT POINT OF TANGENCY RP RADUS PONT NOTE: I I UE UGTYEASflAENT NO BUILDING PERMIT MILL BE ISSUED FOR DEMMOPMENT OF ANY LOT I I I EAE. EMERGENCY ACCESS EASEMENT OR TRACT UNLESS AND UNTIL AN INITIAL AND FINAL CONCURRENCY CERTIFICATE FOR DEVELOPMENT OF THE LOT OR TRACT IS ORTANED. 1 INDIAN RIVER COUNTY DOES NOT GUARANTEE THAT ADEOUAIE CAPACITY WILL EXIST AT THE TIME WHEN AN APPLICANT OR I I HATCHED AREAS AS MHOWN APPUCANT'S SUCCESSOR CHOOSES TO APPLY FOR AND OBTAIN A I I REPRESENT APPROXIMATE FLOOD ZONE CONCURRENCY CERTIFICATE 4 HAZARD AREAS AS SHOWN ON FEDERAL EMERGENCY MANAGEMENT NOTE, I I I AGENCY MAP NUMBERS 120100358 H THE SURDER7LOT OWNER SMALL BE RESPONSIBLE FOR I I AND 120100370 H. DATED 12-4-IZ PROVIDING THE MEW" REWIRED ALONG HIS LOTS STREET FRONTAGE AS DEPICTED ON THE APPROVED PROJECT L__--_L_---1____L____J PRELIMINARY PLAT AND LAND DEVELOPMENT PERMIT. $HEFT 4 OF ------------------ r W r --------- r i - m ----- r r r r r r - r - - r - - - - r - r MATCHLINE SEE SHEET 5 THIS INSTRUMENT WAS PREPARED BY DAVID TAYLOR FOR MASTELLER, MOLER R TAYLOR INC. 1655 277H STREET, SUITE 2, VERO BEACH, FL C£R77F7CATE OF AUTHORIZA77ON NO. LB 4644 PHONE 772-564-8050 FAX 772-794-0647 ORIGINAL PREPARA7101V DATE4/15/16 GENERAL NOTES SEE SHEET 2 OF 14 FOR GENERAL NOTES. LEGEND El P.R.M.=4'X4' CONCRETE MONUMENT SET AND STAMPED 'PRM PSM 5243" UNLESS NOTED OTHERWISE. QP.C.P=NAIL AND TAB STAMPED 'PCP PSM 15243• SET UNLESS NOTED. O LOT CORNERS TO BE MONUMENTED WITH A 1/2* IRON ROD AND CAP STAMPED 'LB 4644" il MILLSTONE LANDING PD PHASES 4 5 AND 6 PLAT BOOK: PLAT THE BEING A REPLAT OF A PORTION OF TRACTS 9, 10 AND 11, SECTION 34, TOWNSHIP 33 SOUTH, RANGE 39 EAST, OF INDIAN RIVER FARMS COMPANY SUBDIVISION AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST LUCIE COUNTY PAGE: SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. DOCKET NUMBER: MATCHUNE SEE SHEET 4 .......................................................................................... jpc SB915'OYE 105.01�� 15'OYW I2SOJ l N68 0 Z E OT, I LD -9090'00 T� ` Pij —o� I � 1.11' I I ryI LOT LOT L_B51Y 1 472 4�r BaoO B)mse941' t zw7o 80.00 zzns zea / 441 D-2J19'OJ' MBp I�tS p Y T 1.0.5' ,5' D.E. OJT2l<S�I LOT xON-RADIu A P;� `j 8 8 8 8 479 �/ aODto N69'JS'OYW 110.71' T. h ___________-------- _ 1 w _______________L��_ _ _ _ _______ y.�_ fIRM PANEL 358 __ __________ _ 'L / �__ __ A2N0'0.T' _ � S� fIN4 PANEL JTO ,w •w _____ __ _ � ____________ Iwy^� m LOT m LOT 1 LOT 8 _+__ LOT e N a LOT W LOT x 442 D 3.9 LOT s 474 a 475 �8 I 476 < z N 477 m 478 I5.1 aM1h C W Q do xox-RAmu NbzarPo w `. 473 Ts $ R,4 8 a / � h I m I ^" xBsaS•orw 130.69' !'c''\as �Y'''.+' — I L� tj`� Z R50.0V 21.88' HARWICK CIRCLE S.W. _ / LOT 443 ° '13°' °r L50' PRIVATE RIGHT-OF-WAY) s69'n'wt n6 w g Pc I LOT �a551 ' _ 453 IS'P.O B.E. A�39JT� -TS00' )500- ->S00' 6565 J L-xiNu' o-ersr 0.29• — — z -an• � ��4 � LOT � 452 '4 LOT LOT W LOT LOT LOTLOT LOT = 1 I '9 LOT 444 r 445 p 446 447 w 448 ry 449 450 451 ! n Y LAE I 8 g TRACT "C2° o-zzl•b• L -,w IB9.J0' )500' TSOY 7500• ~ )Soo' TSoo' 6575' BTORMWAMER MANAGEMENT CI SB925'b'E 0.]5 Y 5' LAE ,. N89]e'JTW -n,— — — — — — — 1 — — — — — — — — — — — — — — TRACT 011— LANDSCAPE — — — — TRALT 14 SECTION 34-33-39 INDIAN RIVER FARMS COMPANY P.B. Z PC 25 ST. LUBE COUNTY (now Indl00 River County) GENERAL NOTES SEE SHEET 2 OF 74 FOR GENERAL NOTES. LEGEND O P.R.M.=4'X4' CONCRETE MONUMENT SET AND STAMPED "PRM PSM 5243' UNLESS NOTED OTHERWISE. ORC.P=NAIL AND TAB STAMPED "PCP PSM 15243" SET UNLESS NOTED. QLOT CORNERS TO BE MONUMENTED WITH A 1/2" IRON ROD AND CAP STAMPED "LB 4644" NOME NO BUILDING PERMIT MILL BE ISSUED FOR DEVELOPMENT OF ANY LOT OR TRACT UNLESS AND UNTIL AN INITIAL AND FINAL CONCURRENCY CERTIFICATE FOR DEVELOPMENT OF MHz LOT OR TRACT IS OUTANED. INDIAN RIVER COUNTY DOES NOT WARANTEE MAT ADEQUATE CAPACITY WTLL EXIST AT THE TIME WHEN AN APPUCANT OR APPLICANTS SUCCESSOR CHOOSES TO APPLY FOR AND OBTAIN A CONCURRENCY CERTIFICATE. NOTE THE BUILDER/LOT OWNER SHALL BE RESPONSIBLE FOR PROVIDING THE SIDEWALK REWIRED ALONG HIS LOTS STREET FRONTAGE AS DEPICTED ON THE APPROVED PROJECT PRELIMINARY PUT AND LAND DEVELOPMENT PERMIT. TRACT 15 SECTION 34-33-J9 INDIAN RIVER FARMS COMPANY P.B. 2. PG 25 ST. LUCIE COUNTY (now IndlPn Rive, County) I GRAPHIC SCALE .:—oI. ABBREVIATIONS BM ` CE CH THIS INSTRUMENT WAS PREPARED BY DAVID TAYLOR v CONCRETE MONUMENT DRAINAGE EASEMENT FOR MASTELLER, MOILER & TAYLOR INC L. WAD 1655 277H STREET, SUI7E 2, VERO BEACH, FL. N IR IDENTFCATIGN IRON ROD CERTIFLCATE OF AU7HORIZA7/0N N0. LB 9644 L.A.E. UNITED ACCESS EASDAENT PHONE 772-564-6050 FAX 772-794-0647 LICENSED BURNER NORTH AMERICAN VERTICAL DATUM NR ORB ORIGINAL PREPARA77ON DATE, 4/15/16 ' PLAT BOOK INDIAN RIVER COUNTY) PUT 800K ST. LUCIE COUNTY) REVISIONS DATE PONT OF WRVATURE PGC PCP PONT OF COMPOUND CURVE PERMANENT CONTROL PONT PD ME P...AGE PLANNED OEVELOPMENT BUFFER EASEMENT PI PP.D. POINT OF INTERSEC— PLS POB REVISED PER COMMENTS 6/03/161 POC PRC QA PRM PSM PERMANENT REFERENCE MONUMENT PROM ONAL SURVEYOR AND MAPPER Iy TRALT 14 SECTION 34-33-39 INDIAN RIVER FARMS COMPANY P.B. Z PC 25 ST. LUBE COUNTY (now Indl00 River County) GENERAL NOTES SEE SHEET 2 OF 74 FOR GENERAL NOTES. LEGEND O P.R.M.=4'X4' CONCRETE MONUMENT SET AND STAMPED "PRM PSM 5243' UNLESS NOTED OTHERWISE. ORC.P=NAIL AND TAB STAMPED "PCP PSM 15243" SET UNLESS NOTED. QLOT CORNERS TO BE MONUMENTED WITH A 1/2" IRON ROD AND CAP STAMPED "LB 4644" NOME NO BUILDING PERMIT MILL BE ISSUED FOR DEVELOPMENT OF ANY LOT OR TRACT UNLESS AND UNTIL AN INITIAL AND FINAL CONCURRENCY CERTIFICATE FOR DEVELOPMENT OF MHz LOT OR TRACT IS OUTANED. INDIAN RIVER COUNTY DOES NOT WARANTEE MAT ADEQUATE CAPACITY WTLL EXIST AT THE TIME WHEN AN APPUCANT OR APPLICANTS SUCCESSOR CHOOSES TO APPLY FOR AND OBTAIN A CONCURRENCY CERTIFICATE. NOTE THE BUILDER/LOT OWNER SHALL BE RESPONSIBLE FOR PROVIDING THE SIDEWALK REWIRED ALONG HIS LOTS STREET FRONTAGE AS DEPICTED ON THE APPROVED PROJECT PRELIMINARY PUT AND LAND DEVELOPMENT PERMIT. TRACT 15 SECTION 34-33-J9 INDIAN RIVER FARMS COMPANY P.B. 2. PG 25 ST. LUCIE COUNTY (now IndlPn Rive, County) I GRAPHIC SCALE .:—oI. ABBREVIATIONS BM BENCH MARK CE CH CONSERVATION EASEMENT CHORD CM D.E CONCRETE MONUMENT DRAINAGE EASEMENT EELEM V DRAINAGE MAINTENANCE EASEMENT ELEVATION WAD FOUND FEDERAL EMERGENCY MANAGEMENT AM N IR IDENTFCATIGN IRON ROD LRF.W.C.D. IMAN RPE FARMS WATER CONTROL DISTRICT L.A.E. UNITED ACCESS EASDAENT LB NAVU LICENSED BURNER NORTH AMERICAN VERTICAL DATUM NR ORB NON -RADIAL E—OAL RECORD 8001( PB PBS PLAT BOOK INDIAN RIVER COUNTY) PUT 800K ST. LUCIE COUNTY) PG PONT OF WRVATURE PGC PCP PONT OF COMPOUND CURVE PERMANENT CONTROL PONT PD ME P...AGE PLANNED OEVELOPMENT BUFFER EASEMENT PI PP.D. POINT OF INTERSEC— PLS POB SURVEYOR'S NUMBER PONT OF BEGINNING POC PRC PONT a COMMENCEMENT PONT OF REVERSE CURVE PRM PSM PERMANENT REFERENCE MONUMENT PROM ONAL SURVEYOR AND MAPPER PT RP PONT OF TANGENCY RADIUS PONT R/W RIOR OF WAY U.E. UDLITY EASEMENT EAE EMERGENCY ACCESS EASEMENT CURVE TABLE SHEET INDEX r----1-----T----r----� AREAS AS SHOWN FLOODMATE ZONE 1 HAZARD ARERESENT AS AS SHORN SHORN ON FEDERAL EMERGENCY MANAGEMENT AGENCY MAP NUMBERS 120100358 H mHATCHED SL AND 120100370 H• DATED 12-4-12.a J SHEET 1 OF 14 ti q V-4 MILLSTONE LANDING PD PHASES 4,5 AND 6 BEING A REPLAT OF A PORTION OF TRACTS 9, 10 AND 11, SECTION 34, TOWNSHIP 33 SOUTH, RANGE 39 EAST, PLAT OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST LUCIE COUNTY 0 SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. a< GRAPHIC SCALE Bo �I $ rang 'A- ap ocacA¢o TO wo atuER couutt�.. ER O.R.B. 92; PACE rOB6 I — — — 21ST STREET S.W.RI(OFWAY) N TRAIL) — — — �— — ' ■ (PUBLIC RICHT OF WAY) :5 ABBREVIATIONS Ne93s'uw uJl.oz (B9Eanu) N a9Js'JT' w rJJr.o: (ovEaME) BM 1 MARK CO SE CE CONSERVATION EASEMENT 1 xB93s'JJ_w uJ0.9e NORTH UNE OF TRACT 10 1 OI OHIO • 1 1 D E DN GE EASEMENTT 1 raALi CORx[R N ranLi COaxER 8 NeTJs'JJw iJJ0.9H' 1 O.M.E. DRAINAGE MAINTENANCE EASEMENT NW�1'W'E J).T9' ELE/VELEVATI SWW 9' TH R/W UNF SUB -LATERAL CANAL B -t0 588i5'J3"E (OKRALL) '330.93' Ne933'JJw /Ta20' 1 FEMA�T�p FFEWVERAL EMERGENCY MANAGEMENT ASSC. TRACT "C10" LANDSCAPE Bp33'JJ'E etW>3' �� P uW a TRACT "Cll 1 IDID NTgC TION N8933'JJ >I)6B' NWR/W'E J).A�' OD 80.00 ES n LANDSCAPE IP IRON PIPE I.BlWC.D. RIDIAN RIVER FARMS WATER CONTROL. DISTRICT 60. W' 80.00' 60.00' 6600' 60.04 60.00' 60.00' 60.0J' e0. W' B0. W' /S W' IJ.W' W LAE. (RATED ACCESS EASEVENT 1 0 § PT __ _____ _____ 1 U) NORTH AMFAISI BUSINESS VFATCAL DATUM '8 one oilnECORD BOO( 1 a ry ry n n PB PUT BOW (INDIAN RIVER COUITTY) LOT LOT - LOT LOT LOT LOT - LOT " LOT El LOT LOT LOT 1 pe s PUT BOW ST. LUOE CWNT4 1 402 401 7x 400 7° W LJ W �° $ WI PC POINT OF CURVATURE 1 399 398 397 396 395 394 393 392 cD I A PCC POINT OF CO PWND WRVS PCP PERMANENT CONTROL POINT PD PUNNED DEVELOPMENT WPIP..B.E GAGE WEER EASEMENT IPC $ o z z z z z z z r PLS POINT SURVEYOF OR!= NUMBER 1 -- POB PONT OF BEGINNING 60.00' 60.00' 80.00' 60.00' _ 80.00' _ 6000' 80.00' 60_00 60.00' - 80.00' S1.BB' I I S I 1 POC PONT OF COMMENCEMENT W r'- _ _ - - PRC POINT OF REVERSE CARVE (DI $ I V �I PRN PERMANENT REFERENCE MONUMENT 1 se9D6'P2t IJis18' _ °�� ROCKPORT STREET S.W. uT1uTY usEMENr PT POINT OF TANGENCY PI PSM PROFESSIONAL SURVEYOR AND MAPPER W - - - e I Z 1 $ 11,168' (50' PRIVATE RIGHT-OF-WAY}-�k6'1BYb: PL"T7df— /4Cy. 1 RP RADIUS POINT I .f MOOSJ:IeT JEOJ• li j R/W RIGHT OF WAY 38936' T•E /Betel _ _ _ �. 3 PCC U.E. UTILITY EASEMENT _L0.0_' 60.UJ'� S31 �P H I I 1 — _ I TR EAE EMERFAlCY ACCESS EASEMENT Co- I 3 Iti STO AMR nAGEM 1 �1 lo'uE. LOT a a I b I 1 I� :B: ^ I'I 384 "" U a LOT ' LOT LOT = LOT = LOT J� i mm i c ZD■- T. F -1 I 3 h �; k. 385 386 387 388 389 h LOT �M� ' I W`I ¢ i 10 CURVE TABLE 1° ��$ $ U n n 'n n r 390 . E43'aFlm- ) b 1 r $ z Q 3 ;, O 'L( P 1 1 W CURVE / LENGTH RADIUS DELTA CHORD BRC. CHORD �' ' a s LOT _ 9 LOT a o I 1 x c/ J9.r9 ), W os9'/B's 3/3T9'JOw JxJo 1 F_°RI$I 383 a as W 6a W' 6n W' 6600' 8 391 W F• I v l ro' T ' 1 W w6 JaJs 2;W o)6z6•W ssrzJ•oz'E Jow 8VFW beg JB'03E 1/0.W'�M O 1 1� CJ) 3306) 56.W 136 3'39' NJB'J6'39Y a9.W 6/ Ora36'.N' x08'/1'TYE (/0.13 0 1� LOT g• LODD NE A }. 8 N 90 W 00 Z w9 211.00 JSa OO 03/72'/2' NMO'26•W .Q ` 362 R W i E V ION .4' \\ z T A5. l *5.0° \ 1 = I'D :.903 W>D1'3/' WJS/'3>'E Jas/ J0.36 r `.� baoo' 6aoa 38TTdJe T 1rn' /z ' ca nz/o I6aW o2.z9•tP• NWror¢•w rns/ a$ I 2 5 WA AN T 58936'02E t30.W' T Q C/1 23.00 031roJ'rT' N/SSJ'TJ"W LOT 381 .............................................................-..........: GENERAL NOTES MATCHLINE SEE NOTE, 7 SHEET INDEX THIS INSTRUMENT WAS PREPARED BY DALID TAYLOR SEE SHEET 2 OF 14 FOR GENERAL NOTES NO BUILDING PERMIT HILL BE ISSUED FOR DEVELOPMENT OF ANY LOT --- --__r---- FOR MASTELLER, MOLER & TAYLOR INC. OR TRACT UNLESS AND UNTIL AN INITIAL AND FINAL CONCURRENCY f I HATCHED AREAS AS SHORN 1655 27TH STREET, SUITE 2, bERO BEACH, FL LEGEND CERRFlCATE FOR DEVELOPMENT OF THE LOT OR TRACT IS OBTAINED. I I REPRESENT APPROXIMATE FLOOD ZONE CERTIFICATE OF AUTHORIZATION NO. A 4644 N INDIAN RIVER COUNTY DOES NOT GUARANTEE THAT AOEWATE HAZARD AREAS AS SHOWN ON El P.R.M.=4'X4' CONCRETE MONUMENT SET AND CAPACITY WILL E%IST AT THE RIME WHEN AN APPLICANT OR I I FEDERAL EMERGENCY MANAGEMENT PHONE 772-564-8050 FAN 772-794-0647 APPLICANT'S succEssOR cHW3Es m APPLY FOR AND oeiNN A - 1 AGENCY MAP NUMBERS 120100358 H OR/G/NAL PREPARATION DATE' 4/15/16 STAMPED OTHERWISE.PRM PSM 5243' UNLESS NOTED CONWRRENCY CERTIFICATE I I I AND 120100370 H. DATED 12-4-12. *P.C.P=NAIL AND TAB STAMPED "PCP PSM ,{5243' NOTE - REVISIONS DATE SET UNLESS NOTED. THE BUILDER11OT OMER SMALL BE RESPONSIBLE FOR PRONDING THE SIDEWALK REWIRED ALONG HIS LOTS STREET OLOT CORNERS TO BE MONUMENTED WITH A 1/2" FRONTAGE AS DEPICTED ON THE APPROVED PROECT IRON ROD AND CAP STAMPED "LB 4644" PRELIMINARY PUT AND LAND DEVELOPMENT PERMIT. REVISED PER COMMENTS 7/07/16 L_____L____ 1____E_____� acvlcrn ora r•nuMCNTc R>n:»a SHEET 7.1 14 30 W MILLSTONE LANDING PD PHASES 4 5 BEING A REPLAT OF A PORTION OF TRACTS 9, 10 AND 11, S C710N 34, TOWNSHIP 33 SO PLAT OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION AS RECORDED IN PLAT BOOK 2, PAGE 25, PUB, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. LOT a$r � -- 382 MATCHLINE SEE SHEET 6 LOT L_5Po4zsr aT.39• sa9o' ET3 I§ 378 o-s•Iz.M• 1 i Is o_e _4g I- 1 3 Na9r,roM•w lexen• � �I= 1 B '31 o-.,fic.r A'01_RAaAt _ LOT l I LOT LOT v d " 376 P7�� 375m w 374 1 6 "�i' I LOT " s 377 s Gm $ LM-* U �^ 74.15 Z3 W 1_ S eT.30• _ a7_so•_o eaoo_ 11 = 1 ¢ n $ anY1'01•E J84BJ' N 1�2 0 _ 6 3esvf9rE ,aar ROXBURY PLACE S.1 (50' PRIVATE RICHT-OF-WAYi -MEL41`04-C M4 - � 61.39' 80.00' ~ e x LOT>_ c`Vi 8 3 ot 457 X & ` %so 8 1~I $ 8 18 I m 1 Nfl9'11'W'W ,JI.FA' PT ' NI 1 458 459 460 1 Jg LOT 1 456 l7 1 • ��� ^I ��� ��.30�� a�s� ��D �1 THIS INSTRUMENT WAS PREPARED BY DAVID TAYLOR GENERAL NOTES FL. MASTELLER, MOLER & TAYLOR INC SEE SHEET 2 OF 14 FOR GENERAL NOTES. 1655 27774 STREET. SUITE 2, VERO BEACH, CERTIRCATE OF AUTHORIZATION NO. LB 4644 C•��1,�E'1 PHONE 772-564-6050 FAX 772-794-0647 LEGEND ORIGINAL PREPARA77ON DATE: 4/15/16 p P.R.M.=4'X4" CONCRETE MONUMENT SET AND STAMPED "PRM PSM 5243" UNLESS NOTED REVISIONS DATE OTHERWISE. O P. _P =NAIL AND TAB STAMPED "PCP PSM #5247" SET UNLESS NOTED. OLOT CORNERS TO BE MONUMENTED W17H A 1/2" onncrn oco nnuucMTc i,.� i. IRON ROD AND CAP STAMPED 'LB 4644" RANG 39 EAST, RECORDS OF ST LUCIE COUNTY ABBREVIATIONS ------------- 1 :I g�� al xwxTM'w r2u9e• 1 OR OFRCIAL RECORD BOOK CE CH `T / PB PBS PUTBOON INDIAN FIVER COUNTY) PLAT BOOK EST. LUG" COUNTY) OT N09D1'19•E L 3° Ta 381115 W' orKsa'E M 1 Ye �IN LOT 380 � �m j1y,3'I TG E µ T$� MO JC �gPCC LOT ;� 379 MATCHLINE SEE SHEET 6 LOT L_5Po4zsr aT.39• sa9o' ET3 I§ 378 o-s•Iz.M• 1 i Is o_e _4g I- 1 3 Na9r,roM•w lexen• � �I= 1 B '31 o-.,fic.r A'01_RAaAt _ LOT l I LOT LOT v d " 376 P7�� 375m w 374 1 6 "�i' I LOT " s 377 s Gm $ LM-* U �^ 74.15 Z3 W 1_ S eT.30• _ a7_so•_o eaoo_ 11 = 1 ¢ n $ anY1'01•E J84BJ' N 1�2 0 _ 6 3esvf9rE ,aar ROXBURY PLACE S.1 (50' PRIVATE RICHT-OF-WAYi -MEL41`04-C M4 - � 61.39' 80.00' ~ e x LOT>_ c`Vi 8 3 ot 457 X & ` %so 8 1~I $ 8 18 I m 1 Nfl9'11'W'W ,JI.FA' PT ' NI 1 458 459 460 1 Jg LOT 1 456 l7 1 • ��� ^I ��� ��.30�� a�s� ��D �1 THIS INSTRUMENT WAS PREPARED BY DAVID TAYLOR GENERAL NOTES FL. MASTELLER, MOLER & TAYLOR INC SEE SHEET 2 OF 14 FOR GENERAL NOTES. 1655 27774 STREET. SUITE 2, VERO BEACH, CERTIRCATE OF AUTHORIZATION NO. LB 4644 C•��1,�E'1 PHONE 772-564-6050 FAX 772-794-0647 LEGEND ORIGINAL PREPARA77ON DATE: 4/15/16 p P.R.M.=4'X4" CONCRETE MONUMENT SET AND STAMPED "PRM PSM 5243" UNLESS NOTED REVISIONS DATE OTHERWISE. O P. _P =NAIL AND TAB STAMPED "PCP PSM #5247" SET UNLESS NOTED. OLOT CORNERS TO BE MONUMENTED W17H A 1/2" onncrn oco nnuucMTc i,.� i. IRON ROD AND CAP STAMPED 'LB 4644" RANG 39 EAST, RECORDS OF ST LUCIE COUNTY PLAT BOOK: PAGE: DOCKET NUMBER: PC !Pc - eP.Iw' Nene'ST'[ 69.76' 1 I CURVE TABLE I WHEN AN APPLICANT OR TO APPLY FOR AND OBTAIN A NOTE: 1 THE BUILDER/LOT OWNER SHALL BE RESPONSIBLE FOR 1 PROVIDING THE SIDEWALK REQUIRED ALONG HIS LOTS STREET FRONTAGE AS DEPICTED ON THE APPROVED PROUECT PRELIMINARY PLAT AND "NO DEVMOPUE74T PERMIT. 1 HATCHED AREAS AS SHOWN REPRESENT AS A -S APPROXIMATE FLOOD ZONE HAZARD AREAS AS SHOWN ON • r• r• r• • FEDERAL EMERGENCY MANAGEMENT AGENCY MAP NUMBERS 120ICO358 H SHEET INDEX AND 1201CO370 H. DATED 12-4-12. r____- I_____T____r____, I I I I I I I I I I I L_____L____1____L____� SHEET 7 OF 14 ABBREVIATIONS MATCHUNE SEE SHEET 8 BM BENCH MARK OR OFRCIAL RECORD BOOK CE CH CON3ERVATON EASEMENT CHORD PB PBS PUTBOON INDIAN FIVER COUNTY) PLAT BOOK EST. LUG" COUNTY) CM ME. CONCRETE MONUMENT DRAINAGE EASEMENT PC PCC POINT OF CURVATURE F COMPOUND CURVE PONT VW D.M.E ELF/ FD/FTID DRAINAGE MNNIENANCE EASPIENT ELEVATON FOUND PCP PO P.D.B.E. PERMANENT CONTRMEOL PONT PLANNED DEVELOPNT P.D. BUFFER EASEMENT FEYMA FEDERAL EMERGENCY MANAGEMENT ASSC IDENNFTCATICH PC PI PAGE POINT OF INTERSECTION 'DD IRON ROD PLS POB SURVEYOR'S NUMBER POINT OF BEGINNING I R.F.WCO. LAE. INOHIP'RIYEER FARMS WATER CONTROL OSTRICT UNITED ACCESS EASEMENT PRC POINT OF COMMENCEMENT PONT OF KVERSE CURVE LS NAVE UCENSED BUSINESS NORTH AMERICAN VERTCAL DATUM PRM PSM PERMANENT REFERENCE MONUMENT PROFESSIONAL SURVEYOR AND MAPPER NR U.E. NON -RADIAL UTUTY EASEMENT PT RP PONT OF TANGENCY RADIUS POINT E.A.E. EMERGENCY ACCESS EASEMENT R/W RICHT OF WAY PLAT BOOK: PAGE: DOCKET NUMBER: PC !Pc - eP.Iw' Nene'ST'[ 69.76' 1 I CURVE TABLE I WHEN AN APPLICANT OR TO APPLY FOR AND OBTAIN A NOTE: 1 THE BUILDER/LOT OWNER SHALL BE RESPONSIBLE FOR 1 PROVIDING THE SIDEWALK REQUIRED ALONG HIS LOTS STREET FRONTAGE AS DEPICTED ON THE APPROVED PROUECT PRELIMINARY PLAT AND "NO DEVMOPUE74T PERMIT. 1 HATCHED AREAS AS SHOWN REPRESENT AS A -S APPROXIMATE FLOOD ZONE HAZARD AREAS AS SHOWN ON • r• r• r• • FEDERAL EMERGENCY MANAGEMENT AGENCY MAP NUMBERS 120ICO358 H SHEET INDEX AND 1201CO370 H. DATED 12-4-12. r____- I_____T____r____, I I I I I I I I I I I L_____L____1____L____� SHEET 7 OF 14 a MILLSTONE LANDING PD PHASES 4, 5 AND 6 BEING A REPLAT OF A PORTION OF TRACTS 9, 10 AND 11, SECTION 34, TOWNSHIP 33 SOUTH, RANGE 39 EAST, PLAT OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST LUCIE COUNTY SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. L_eJBI 1 � eaJB' 1 MI&��� • LOT ...rE 7'F aJ•... L 500 �V'�! OT LOT 99 �o =� .w/ ^, 541 - Bc -� LOT 542 r vl n; 1603 1,' LOT 612 MATCHLINE SEE SHEET 9 ....x�...t............................ T � iO LG I Ste' b O 6 LOT I hLt_n.Ir Y o e�e•or 610 ypJb, yyga� I 996 19 z �s LOT T 597 •l�.== LOT ........i...........9....... ABBREVIATIONS GENERAL NOTES THIS INSTRUMENT WAS PREPAREDBY DAND TA YL R SEE SHEET 2 OF 14 FOR GENERAL NOTES. FOR MASTELLER, MOLER ,4 TAYLOR INC. ION. RECORD BOOK 1655 277H STREET, SUI7E 2, VERO BEACH, FL LEGEND CER77RCA7E OF AUTHORIZA770N NO. LB 4644 PLATBOOK COUNTY) PTB`(TOE�WNU� S PHONE 772-564-6050 FAX 772-794-0647 El P.R.M.=4'X4' CONCRETE MONUMENT SET AND ORIGINAL PREPARA770M DA LE• 4/15/16 STAMPED 'PRM PSM 5243' UNLESS NOTED OTHERWISE. D.E D.M.E DRAINAGE DRAINAGE EASEMENT DRAINAGE MAINTENANCE EASEMENT QP.C.P=NAIL AND TAB STAMPED 'PSM #5243' SET REVISIONS DATE 1 UNLESS NOTED. PD P.O.B.E PLANNED ER EASEMENT P.D. SURER EASEMENT ® LOT CORNERS TO BE MONUMENTED WITH A 1/2' IRON ROD AND CAP STAMPED 'LB 4644' FEDERAL EMERGENCY MANAGEMENT ASBG t 1 1 LOT j 5501 1 1 1 1 1 MATCHUNE SEE SHEET 11 ABBREVIATIONS BM BENCH MARK DRB ION. RECORD BOOK CE CONSAVATON EASEMENT PB PLATBOOK COUNTY) PTB`(TOE�WNU� S ON CM CNE TE MONUMENT PC PONT OF CURVATURE D.E D.M.E DRAINAGE DRAINAGE EASEMENT DRAINAGE MAINTENANCE EASEMENT PCC PDP PONT OF COMPOUND WRVS PERMANENT CONTROL PUNT ELEV FDiA FOUND N FOUND PD P.O.B.E PLANNED ER EASEMENT P.D. SURER EASEMENT FEAR A FEDERAL EMERGENCY MANAGEMENT ASBG PC PI PAGE PUNT OF INTERSECTION ID IR R NIIROD IRON ROD ply POB SURVEYOR'S NUMBER PUNT OF BEGINNING IR.F.W.C.D. MU`NAMPRIVER FARMS WATER GONIRU. DISTRICT POC PUNT OF -CEMENT L.A.E. MM ACCESS EASEMENT PRD PUNT OF REVERSE CURVE <8 NAW UDENM BUSNESS NORTH AMERICAN VERTCAL DAVM PRM PSM PERMANENT REFERENCE MONUMENT PROFESSIONAL SURVEYOR AND MAPPER NR NON -RADIAL PT RP PUNT OF TANGENCY RADIUS U.E. UTUTY EASEMENT R/W PUNT RI.T OF WAY CURVE TABLE NO - NO BUILDING PERMIT WILL BE ISSUED FOR DEVELOPMENT OF ANY LOT OR TRACT UNLESS AND UNTL AN INMAL AND FINAL CONCURRENCY CERTFICAIE FOR DEVELOPMENT OF THE LOT OR TRACT IS OBTAINED. INDIAN RIVER COUNTY DOES NOT WARANTEE /HAT ADEWATE CAPACITY WILL EXIST AT TIE 10.1E WHEN AN APPLICANT OR APPLICANT'S SUCCESSOR CHOOSES TO APPLY FOR AND OBTAN A CONWRRFNCY CERNRCATE NOTE: TIE BUILDER/LOT OWNER SHALL BE RESPONSIBLE FOR PROMOWG THE SIDEWALK REWIRED ALONG HIS LOT'S STREET FRONTAGE AS DEPICTED ON THE APPROVED PROTECT PRELIMINARY PLAT AND LAND DEVELOPMENT PERMIT. SHEET INDEX I I I I I — 1 I I I I -- 4 I I I I I L-----L----1--------� ASHO REPRESENT APPROXIMATE FLOOD ZONE HAZARDHATCHED AREASREAS AS SHOWNYM ON FEDERAL EMERGENCY MANAGEMENT AGENCY MAP NUMBERS 72DICO358H AND /201CO370 N, DATED I2-4-12 MILLSTONE LANDING PD PHASES 4, 5 AND 6 BEING A REPLAT OF A PORTION OF TRACTS 9, 10 AND 11, SECTION 34, TOWNSHIP 33 SOUTH, RANGE 39 EAST, PLAT OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. MATCHLINE SEE SHEET 10 ..,.�.>•r.�w.LLLLf.1.1.f.f....1.f...f.f..f.l..1.f.f.f.f.f._f.f.f..._...�.......��������������_��__ THIS INSTRUMENT WAS PREPARED BY DAVID TAYLOR FOR MAS7ELLER, MOLEX & TA riOR INC. 1655 277H STREET, SUITE 2, VERO BEACH, FL CERTIFICATE OF AUTHORIZADON NO. LB 4644 PHONE 772-564-8050 FAX 772-794-0647 ORIGINAL PREPARA77ON DATE.' 4/15/16 GRAPHIC SCALE 1 n rssr CURVE TABLE CURVE / LENGTH RADIUS I DELTA I CHORD BRG I CHORD ABBREVIATIONS BM BMW MARK CE CONMRVATOM EASEMENT CH CHORD 10SJ•W S9.B2' I `B"W1Y93' �Aa_ JK I / NeB]97YR 18)01' t0' U ■ ^ 549]931E 90.28 _ IO�D.E. 501']9'09•E ti E D D.M.E. IE AST DRAINAGE EASEMENT DRAINAGE MAINTENANCE EASEMENT N0016'11•W /�� � � ' r� LANDSCAPE b'6O J_ A 8 W E.A.7 K _TBACL�v d .p i / yT L.A.E. P� qpy uu' $ ADDITIONAL R/W = F /{HD FELLA ID POUND FEDERAL EMERGENCY MANAGEMENT ASSG IDENTIRCARK ppY Tpy,D6 — '22•W n ORB 1927 PAGE 1089 r 5' LAE IR IRON ROpDEE _ _ _ _ W IR.F.W.GD. MIAANPRIVER FARMS WATER CONTROL DISTRICT ,GUM uu' g 23RD STREETS. W. 8 LAE UW1iD ACCESS EASEMENT �, PUBLIC RIGHT OF WAY W N8939'27"W J6.7J• — — — — — , = = NAW NR OR NORTH AMERICAN VERTICAL DATUM NORUICEIAMERICBUsNESAN NON -RADIAL RECORD 9001( 60. �' ~ PB PIATomCU`LBO PUT 8001( INDIAN W.RIVER LAT 0 ST.E Wr f PUUFi PCS POI T CII�RVA11111EOI( i 3 i P� PEOIRNMTANpITWCONRT01. POINT I I > PD PLANNED DEVELOPMENT BUFFER EASEMENT Lu PG.BE P.D. 0� ,3o _ LAEWOOD BO KR7APAGECE N6 IT 1 PI PLS POINT OF RON Z SURVEYOR'S NUMBER zFO 3a iLL-�+ Z I PLS PDB POINT OF BEGINNING �Np Nz� PRC POINT OF COMMENCEMENT OINT OF REVERSE CURVE Q PRM PERMANENT REFERENCE MONUMENT U I m I Q I PSM PT PROFESSIONAL SURVEYOR AND MAPPER POINT OF TANGENCY _ LL I 0) I I pT RP E RADIUS POINT RICH OF VAY I I I I N U EAE. URUTY EASEMENT EMERGENCY ACCESS EASEMENT GENERAL NOTES SEE SHEET 2 OF 14 FOR GENERAL NOTES NOTE NO BUILDING PERLOT MILL BE ISSUED FOR DEVELOPMENT OF ANY LOT SHEET INDEX LEGEND El P.R.M.=4"X4" CONCRETE MONUMENT SET AND OR TRACT UNLESS AND UNTIL AN INITIAL AND FINAL CONCURRENCY CERRIT TE FOR DEVELOPMENT OF INE LOT OR TRACT IS OBTAINED. INDIAN RIVER COUNTY 000 NOT GUARANTEE THAT ADEQUATE CAPACITY HILL EXIST AT THE RME WHEN AN APPLICANT OR f 1-----T_ _ _ —(-----, I I HATCNED AREAS AS SHOWN I REPRESENT STAMPED "PRM PSM 5243" UNLESS NOTED APPLICANTS SUCCESSOR CHOOSES TO APPLY FOR AND OBTAIN A — APPROXIMATE FLOOD ZONE HAZARD AREAS AS SHOWN ON CONCURRENCY CERTIFICATE I 1OTHERWISE. CY �N TAB STAMPED "PSM /5243` SET O ML YL MAPEMERNUMBERS 12011CCO358 H UNLESSNAIL NOTED.D TM BUILDER/LOT OWNER SHALL BE RESPONSIBLEFOR I I AND 1201CG370 H, DATED 12-4-12. ALOT CORNERS TO BE MONUMENTED WITH A 1 2" PROVIDING THE SIDEWALK REWIRED ALONG HISLOTSSTREET/ ROD AND CAP STAMPED "LB 4644" FRONTAGE AS DEPICTED ON ME APPROVED PROJECTIRON PREUMINARY PLAT AND LAND DEVELOPMENT PERMIT.L--------- ----i SHEET 11 OF 14 w- tfv�v` T MILLSTONE LANDING PD PHASES 4, 5 AND 6 BEING A REPLAT OF A PORTION OF TRACTS 9, 10 AND 11, SECTION 34, TOWNSHIP 33 SOUTH, RANGE 39 EAST, PLAT OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST LUCIE COUNTY SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. I I nsAuia I� Ri$ a� PRM -CT CORNER 12 3I< 9 f1 SOUTH R/W LMF 508 -LATERAL CANµ 0-10 ppy P,y Tq� I W 60.00' 8400' 60.00' 80.00' 6400' 60.00' 60.00' 60.00' 6400' 6400' 6000' 60.00' WI $ I LOT x LOT & LOT k LOT LOT LOT $ s a a a I 512 W .513 514 = 515 516 517 = LOT r LOT LOT n LOT LOT LOT sxoo J4o0 I exon 518 - 519 - 520 - 521 - 522 GRAPHIC SCALE t imp .gul4 CURVE TABLE CURVE Il LENGTH RADIUS DELTA CHORD BRM CHORD 099J9.J3 2x00 090I0'Ae' NAA•J0D6'W IJx�l Ct00 J9.19 1x00 p89V9'12' SA5'19'32"W JSJO 0101 -M2.. 07626'01' S 172''327 JA93 CtOI 190.6) 36.00 236Z6'DI' NJ8'J7'IB'C Bd 00 I I ¢, H I.r �' n ry w ry w I s L.A I ,,,\ LE CM=ATCH EASEMENT CH F, I I I E COMP N�ONMUENTT 8 g 8 8 0l Z 8 $ J1 I I D.M.E DGE RAMAGE MAMTENANCE EASEMENT i026x0Y I < I 29 P1J.e.E. j ELEV ELEVATION ' I I FD/A FOUND _ _ _ _ ID FEDERAL EMERGENCY NMIACEMENT AS9C. 80.00' _ 6400' 80.00' =0.00' 8400' e0.00' 60. W' e40p' `e0.00' 60.00' 64001_ Jx A' I I L2yl ID IRONTRICAnON 569DYJJ'E a�A 0-- __ _ _ _ _ 8 _ _ $ _r___ ` IP RUN %PE 'fI( Q H I.RF.W.C.0. MDIAN RNER FARMS WATER CONTROL DISTRICT _ seaas'.yt 96ATo' _ unutt ASEMENi �J _ GRAN VIL LE MANOR S.W. _ % 4p�\ I I Ow, I 7Z LAE wITLD ACCFSs EASOm+T ' 326.98• r RT 0'2876 PZ 128 $ ( n u'"aV C I H ^ NAW NOR1H gMERICAN VERTICAL DATUM g IJ4tY 50' PRIVA IE RIGHT -Of -WA SOpZfITN JL1T tB LICENSED BUSINESS �. �.__ SB9D3'J_�6.62_L- —�\--. __ SB9 JJ'E J 5/' 4 I I i\> I NR HON -RADIAL FvI' 6].30' 6600' BBOJ_ IB.M I eQ00' 0' F�R].38' 1T60Ad n0j 1�i p BOOK PBB PlAPLATA8001( MgAL DAN Po0 CIE VEN C0811T1) DE. {�- :I ].1 ' I `- I S I Z I P, PCS POINT OF CURVANRE CWNTn ''LR-4�1 —IIIT ILLL t"000 uuu... °'ll L�e]']3 `. 0 I I PCC PONT OF COMPOUND CURVE —117r 7 �% �" G $ $ o `;. I a I n¢ Ip 3 PCP PERMANENT CONTROL POINT LOT - LOT - LOT LOT v I _ \ Po BANNED DEVELOPMENT �y I 1. ME P.D. BUFFER EASEMENT LOT LOT LOT I LOT - U o Pc PACE 534 533 532 531 g 530 r 529 ^ 528 527 528 e y L sv I Q I C a �I m o I PPis PONT OF SUReEYDRSTN°uT eERON m ? I `• I PCB PONT OF BEGINNING $ R g mF^�L1m SIB I 8 8 $ ^ 9 + �'T I POC PONT OF CVMMENCEMENT i ,,, d1 N )- j PRC PONT OF REVERSE CURVE $O aCJI I = 7SO' LOT °j ~ I PIR RIMANENTREFERENCE NUMINT I�ZW I ]SD•= 525 �u s I I� �I I ND MAPPER Pi PONT OF TANGENCY 16].50' 60.00' 60.00' >9J9' nQo Y w 73.61 6600' 6].90' 6).30' LOT I` a —� S• LA. p RP RADIUS PONT fir- --- - -- - TRACT =C6= �I � 1 SIR ., seaas'xT zfi].6r n 524 I I U uc u UTY UM OF SEMENT �\ SB9Z4'N4 120.00 d 8�8 8 n TRACT CS" __ __ __ __ _-- SL9s $ 1 I i EAE EMERGENCY ACCESS EASEMENT R r1 � 1 sB9" , tz4o0• C 5�� ; I I RAIWA MAN MENT SAG AST LOT LOT FL D ON A N� f D Z AE $ 556 I $I 1 557 N. I $ 11 VA TIO 21.4' — 8210 NB912YYT F 21. a 6450 ELEV =2f. � $ MATCHLINE SEE SHEET 13 SHEET INDEX THIS INSTRUMENT WAS PREPARED 8Y DA D TAYLOR GENERAL NOTES FOR MASTELLER, MOLER & TAYLOR INC. SEE SHEET 2 OF 14 FOR GENERAL NOTES NOTE: r —� T I HATCHED AREAS AS SHOWN 1655 27TH STREET, SUITE 2, VERO BEACH, FL. NO BUMMG PERMIT MLL BE ISSUED FOR DEVELOPMENT OF ANY LOT I REPRESENT APPROXIMATE FLOOD ZONE CER77FICATE OF AUTHORIZATION NO. LS 4644 LEGEND OR TRACT UNLESS AND UNTIL AN INITIAL AND FINAL CONCURRENCY IMs - HAZARD AREAS AS SHORN ON PHONE 772-564-8050 FAX 772-794-0647 CERTIFICATE FOR DEVELOPMENT OF THE LOT OR TRACT IS OBTAINED. FEDERAL EMERGENCY MANAGEMENT ORIGINAL PREPARATION DATE.- 4115/16 El P.R•M.=4'X4' CONCRETE MONUMENT SET AND INDIAN RIVER COUNTY DOES NOT GUARANTEE THAT ADEQUATE, AGENCY MAP NUMBERS 120100358 H STAMPED 'PRM PSM 5243' UNLESS NOTEDCAPACITY WLL EXIST AT DIE TIME MEN AN APPLICANT OR II AND f201C0J70 H• DATED 12-h?Z OTHERWISE APPLICANTS SUCCESSOR CHOOSES TO APPLY FOR AND OUTAM AREVISIONS DATE P.C.P=NAIL AND TAB STAMPED 'PCP PSM /5243' CONCURRENCY CERnFlCAIE.4 SET UNLESS NOTED. NOTE: ®LOT CORNERS TO BE MONUMENTED WITH A 1 2 TME BUILDER/LOT OMER SHALL BE RESPONSIBLE FOR PROVIDING THE SIDEWALK REWIRED ALONG HIS LOTS STREET I 1 REVISED PER COMMENTS T 07 16 IRON ROD AND CAP STAMPED 'LB 4644' FRONTAGE AS DEPICTED ON THE APPROVED PRO.ECT r— PRNG EUMINARY PLAT AND LADEVELOPMENT PERMIT. L----- L____ 1___ L-- ----j -Cl 'A' RGI OEOCAIEO i0 MOAN RIPER" IPER COUNTY ERN 1086 � 21ST STREET S.W.RIPSON TRAIL) W. TRRA 1 (PUBLIC RIGHT OF WAY) — — N 8075'JJ' W 1J01.02 (OVLRAIt) NORTH UNE OF TRACT 9 ,- pf 1 N69 JS'JJ'W iJJ0.88' W� 589�5•J3'F 1263.95• 1 1 y, 9-ln 9889TRACT "G11" LANDSCAPE I I nsAuia I� Ri$ a� PRM -CT CORNER 12 3I< 9 f1 SOUTH R/W LMF 508 -LATERAL CANµ 0-10 ppy P,y Tq� I W 60.00' 8400' 60.00' 80.00' 6400' 60.00' 60.00' 60.00' 6400' 6400' 6000' 60.00' WI $ I LOT x LOT & LOT k LOT LOT LOT $ s a a a I 512 W .513 514 = 515 516 517 = LOT r LOT LOT n LOT LOT LOT sxoo J4o0 I exon 518 - 519 - 520 - 521 - 522 GRAPHIC SCALE t imp .gul4 CURVE TABLE CURVE Il LENGTH RADIUS DELTA CHORD BRM CHORD 099J9.J3 2x00 090I0'Ae' NAA•J0D6'W IJx�l Ct00 J9.19 1x00 p89V9'12' SA5'19'32"W JSJO 0101 -M2.. 07626'01' S 172''327 JA93 CtOI 190.6) 36.00 236Z6'DI' NJ8'J7'IB'C Bd 00 I I ¢, H I.r �' n ry w ry w I s L.A I ,,,\ LE CM=ATCH EASEMENT CH F, I I I E COMP N�ONMUENTT 8 g 8 8 0l Z 8 $ J1 I I D.M.E DGE RAMAGE MAMTENANCE EASEMENT i026x0Y I < I 29 P1J.e.E. j ELEV ELEVATION ' I I FD/A FOUND _ _ _ _ ID FEDERAL EMERGENCY NMIACEMENT AS9C. 80.00' _ 6400' 80.00' =0.00' 8400' e0.00' 60. W' e40p' `e0.00' 60.00' 64001_ Jx A' I I L2yl ID IRONTRICAnON 569DYJJ'E a�A 0-- __ _ _ _ _ 8 _ _ $ _r___ ` IP RUN %PE 'fI( Q H I.RF.W.C.0. MDIAN RNER FARMS WATER CONTROL DISTRICT _ seaas'.yt 96ATo' _ unutt ASEMENi �J _ GRAN VIL LE MANOR S.W. _ % 4p�\ I I Ow, I 7Z LAE wITLD ACCFSs EASOm+T ' 326.98• r RT 0'2876 PZ 128 $ ( n u'"aV C I H ^ NAW NOR1H gMERICAN VERTICAL DATUM g IJ4tY 50' PRIVA IE RIGHT -Of -WA SOpZfITN JL1T tB LICENSED BUSINESS �. �.__ SB9D3'J_�6.62_L- —�\--. __ SB9 JJ'E J 5/' 4 I I i\> I NR HON -RADIAL FvI' 6].30' 6600' BBOJ_ IB.M I eQ00' 0' F�R].38' 1T60Ad n0j 1�i p BOOK PBB PlAPLATA8001( MgAL DAN Po0 CIE VEN C0811T1) DE. {�- :I ].1 ' I `- I S I Z I P, PCS POINT OF CURVANRE CWNTn ''LR-4�1 —IIIT ILLL t"000 uuu... °'ll L�e]']3 `. 0 I I PCC PONT OF COMPOUND CURVE —117r 7 �% �" G $ $ o `;. I a I n¢ Ip 3 PCP PERMANENT CONTROL POINT LOT - LOT - LOT LOT v I _ \ Po BANNED DEVELOPMENT �y I 1. ME P.D. BUFFER EASEMENT LOT LOT LOT I LOT - U o Pc PACE 534 533 532 531 g 530 r 529 ^ 528 527 528 e y L sv I Q I C a �I m o I PPis PONT OF SUReEYDRSTN°uT eERON m ? I `• I PCB PONT OF BEGINNING $ R g mF^�L1m SIB I 8 8 $ ^ 9 + �'T I POC PONT OF CVMMENCEMENT i ,,, d1 N )- j PRC PONT OF REVERSE CURVE $O aCJI I = 7SO' LOT °j ~ I PIR RIMANENTREFERENCE NUMINT I�ZW I ]SD•= 525 �u s I I� �I I ND MAPPER Pi PONT OF TANGENCY 16].50' 60.00' 60.00' >9J9' nQo Y w 73.61 6600' 6].90' 6).30' LOT I` a —� S• LA. p RP RADIUS PONT fir- --- - -- - TRACT =C6= �I � 1 SIR ., seaas'xT zfi].6r n 524 I I U uc u UTY UM OF SEMENT �\ SB9Z4'N4 120.00 d 8�8 8 n TRACT CS" __ __ __ __ _-- SL9s $ 1 I i EAE EMERGENCY ACCESS EASEMENT R r1 � 1 sB9" , tz4o0• C 5�� ; I I RAIWA MAN MENT SAG AST LOT LOT FL D ON A N� f D Z AE $ 556 I $I 1 557 N. I $ 11 VA TIO 21.4' — 8210 NB912YYT F 21. a 6450 ELEV =2f. � $ MATCHLINE SEE SHEET 13 SHEET INDEX THIS INSTRUMENT WAS PREPARED 8Y DA D TAYLOR GENERAL NOTES FOR MASTELLER, MOLER & TAYLOR INC. SEE SHEET 2 OF 14 FOR GENERAL NOTES NOTE: r —� T I HATCHED AREAS AS SHOWN 1655 27TH STREET, SUITE 2, VERO BEACH, FL. NO BUMMG PERMIT MLL BE ISSUED FOR DEVELOPMENT OF ANY LOT I REPRESENT APPROXIMATE FLOOD ZONE CER77FICATE OF AUTHORIZATION NO. LS 4644 LEGEND OR TRACT UNLESS AND UNTIL AN INITIAL AND FINAL CONCURRENCY IMs - HAZARD AREAS AS SHORN ON PHONE 772-564-8050 FAX 772-794-0647 CERTIFICATE FOR DEVELOPMENT OF THE LOT OR TRACT IS OBTAINED. FEDERAL EMERGENCY MANAGEMENT ORIGINAL PREPARATION DATE.- 4115/16 El P.R•M.=4'X4' CONCRETE MONUMENT SET AND INDIAN RIVER COUNTY DOES NOT GUARANTEE THAT ADEQUATE, AGENCY MAP NUMBERS 120100358 H STAMPED 'PRM PSM 5243' UNLESS NOTEDCAPACITY WLL EXIST AT DIE TIME MEN AN APPLICANT OR II AND f201C0J70 H• DATED 12-h?Z OTHERWISE APPLICANTS SUCCESSOR CHOOSES TO APPLY FOR AND OUTAM AREVISIONS DATE P.C.P=NAIL AND TAB STAMPED 'PCP PSM /5243' CONCURRENCY CERnFlCAIE.4 SET UNLESS NOTED. NOTE: ®LOT CORNERS TO BE MONUMENTED WITH A 1 2 TME BUILDER/LOT OMER SHALL BE RESPONSIBLE FOR PROVIDING THE SIDEWALK REWIRED ALONG HIS LOTS STREET I 1 REVISED PER COMMENTS T 07 16 IRON ROD AND CAP STAMPED 'LB 4644' FRONTAGE AS DEPICTED ON THE APPROVED PRO.ECT r— PRNG EUMINARY PLAT AND LADEVELOPMENT PERMIT. L----- L____ 1___ L-- ----j i 1. MILLSTONE LANDING PD PHASES 4, 5 AND 6 BEING A REPLAT OF A PORTION OF TRACTS 9, 10 AND 11, SECTION 34, TOWNSHIP 33 SOUTH, RANGE 39 EAST, ®® PLAT OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST LUCIE COUNTY SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. MATCHUNE SEE SHEET 12 �— �r.........���...�����.���--1. ---1. . 1 1 J. 7 r LOT 525 7 LOT I i DR.B. 28H. PG 120 SIHYtY1'E 1}QDO' kLU I 556 1 0 1 I 8 LOT 1 W 1 sB92ru'E +xior LOT $ _7I,14-15 Haff 1 550 DVE. w 1 7 ' G 1 & LOT a 551 1Wi1 1 LOT CERTIFICATE FOR DEVELOPMENT OF THE LOT OR TRACT IS OBTAINED. to 71•x- Leyte, I °ice IBI I9I 1-1I ° 555 x B,I TRACT 1 �iaGTZ _ 111�1�6°Qo.n ao3 HANOVERJJST&E �`� 1� Q PCC PSW (50' PRIVATE RIGHT -OF -WA 1 y3 J0.01' J9.20' LOT APPLICANT'S SUCCESSOR CHOOSES TO APPLY FOR AND OBTAIN A I9I 561 REVISIONS DATE 1 1mw CONCURRENCY CERTIFICATE.P.C.P-NAIL LOT " 1 AND B STAMPED 'PCP PSM /5243' O s 554 m�� Q I W 569i1'H'E 11400' ®L07 CORNERS TO BE MONUMENTED WITH A 1/2' 1 1� 1 REVISED PER COMMENTS 7/07/16 s LOT SHEET 11 OF 1,1 $ 553 Lru, EASEMENT 1-I L'^on- DR.B. 28H. PG 120 SIHYtY1'E 1}QDO' C1w se9�t' -E :nor 0 1 b 8 LOT PILOT 8 W a 552 n w 1 549 =I LOT $ _7I,14-15 Haff Lu I' 550 DVE. w 1 7 ' G ISI & LOT a 551 1Wi1 1 � CERTIFICATE FOR DEVELOPMENT OF THE LOT OR TRACT IS OBTAINED. to 71•x- Leyte, I °ice IBI I9I 1-1I 66821'N'E 120.00' "C6" x B,I TRACT 1 �iaGTZ _ 111�1�6°Qo.n ao3 HANOVERJJST&E �`� 1� Q PCC PSW (50' PRIVATE RIGHT -OF -WA 1 y3 J0.01' J9.20' IdILOT 557 ,I_,� f SIHYtY1'E 1}QDO' SHEET INDEX EAE EMERGENCY ACCESS EASEMENT Iml ml �inl LOT 558 1 --4e >" W 9z� 1'L 1z000' 1I IIs a I T Tel _al '^I" LOT 559 31 N T ISI 369i1'1t'E 12000' W 3 6 CERTIFICATE FOR DEVELOPMENT OF THE LOT OR TRACT IS OBTAINED. IBI �I� wa � IBI I9I 1-1I LOT 560 {I-�1 (] 1 1 < 1 1 I 589Zt-,�1t'E 12aff a I8+�ly P8I LOT APPLICANT'S SUCCESSOR CHOOSES TO APPLY FOR AND OBTAIN A I9I 561 GRAPHIC SCALE I I I Inus .no T R CIIRW Td RI F CURVE I LENGTH RADIUS DELTA CHORD SRO CHORD x g UI I I c�i i ABBREVIATIONS j BM K H BENCMARR CE BENMAK EASEMENT � I J10r J0.w 63.00' CH CNCRD EAENT D.E.DDRAINAGE SSEEMT OWE DRAINAGE MAINTENANCE EASEMENT / I ELEV ELEVATION 10' ITE.FM 1206• D FEDERAL EMERGENCY MANAGEMENT ASM ID ID MRICATCH 28'2111' IR 11 ROD J0.11 I I IRF.W.C.D. NAM RIVER FARMS WATER CONTROL DISTRICT LA.E wmED ACCESS F EME1T 4a00' 11s_00' 6100' Le UUNSFD BUSNESS NAND NORTH AMERICAN VERTICAL DAVM NR NON-RAIX& Y LAE, OR OFFICIAL ECdtD BOOK \/ �iP V" f • U�' ,C 14 TRACT I I PB PLAT BOOK (U. RIVEN COUNT1� {yi P85 PLAT BOOK (ST. LUCIE ER COM ••C5" I i PC PUNT OF CURVANRE ll�� POC PANT OF COMPWNO CURVE / ,•IYC^/ ave,LOT POP PERMANENT CONTROL PUNT b/ 566 1 I I PD PLANNED DEVELOPMENT '1 PG.B.E PP.D.. OFFER EASEMENT PI POINT OF INRTRSECTIW PLS SURVEYOR'S NUMBER 1y3 12}Or n D PDB PUNT OF BEGINNING / 506 \ 1 2600 2}�' J` N>9''�51'E $ I PRM POINT NTPOC PUNT OF REREItSE CURVENCE MONUMENT 0. 1/PPT SM POINT OF0NAL SURVEYOR AND NAPPER LOT y�y I I I RP PADNB PUNT CENCY \ 1 1 567 F R/W RIGHT OF WAY U EU- EASEMENT f MATCHLINE SEE SHEET 14 SHEET INDEX EAE EMERGENCY ACCESS EASEMENT THIS INSTRUMENT WAS PREPARED BY DA ND TAYLOR GENERAL NOTES ---�1-----T----r----1 FOR MASTELLER, MOLER & TAYLOR INC. 1655 277H STREET, SUITE 2 HERO BEACH, FL. SEE SHEET 2 OF 14 FOR GENERAL NOTES. NOTE: NO BUILDING PERMIT WILL BE ISSUED FOR DEVELOPMENT OF ANY LOT I I HATCHED AREAS AS SHOWN REPRESENT APPROXIMATE FLOOD ZONE CERTIFICATE OF AUTHORIZATION NO. LB 4644 OR TRACT UNLESS AND UNTIL AN INITIAL AND FINAL CONCURRENCY I I HAZARD AREAS AS SHOWN ON PHONE 772-564-6050 FAX 772-794-0647 LEGEND CERTIFICATE FOR DEVELOPMENT OF THE LOT OR TRACT IS OBTAINED. — — FEDERAL EMERGENCY MANAGEMENT ORIGINAL PREPARATION DATE- 4/15/16 El P.R.M.=4'X4' CONCRETE MONUMENT SET AND INDIAN RIVER CWNTY DOES NOT GUARANTEE THAT ADEQUATE CAPACITY TILL EXIST AT THE TIME WHEN AN APPLICANT OR I AGENCY MAP NUMBERS 120100358 H AND 120100370 H. DATED 12-4-12. STAMPED 'PRM PSM 5243' UNLESS NOTED APPLICANT'S SUCCESSOR CHOOSES TO APPLY FOR AND OBTAIN A REVISIONS DATE OTHERWISE. CONCURRENCY CERTIFICATE.P.C.P-NAIL AND B STAMPED 'PCP PSM /5243' O NOM SET UNLESS NOTED. BUILDER7LOT OWNER SHALL BE RESPGN9BLE FLIT ®L07 CORNERS TO BE MONUMENTED WITH A 1/2' PROVIDING THE SIDEWALK REWIRED ALONG HIS LOTS STREET FRONTAGE AS DEPICTED ON THE APPROVED PROJECT L_____L....1....L�_—_J REVISED PER COMMENTS 7/07/16 IRON ROD AND CAP STAMPED 'LB 4644' PRELIMINARY PLAT AND LAND DEVELOPMENT PERMIT SHEET 11 OF 1,1 f a-, C, MILLSTONE LANDING PD PHASES 4, 5 AND 6 BEING A REPLAT OF A PORTION OF TRACTS 9, 10 AND 11, SECTION 34, TOWNSHIP 33 SOUTH, RANGE 39 EAST, PLAT OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST LUCIE COUNTY SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. _ -�--------------- .... ..... ...... M-----ATCHLINE SEE -- 1T3_—_— ----------- -_ 1 LOT LOT LOT 578 LOT ^ \ LOT 1 581 579 p.,;C 577 f \ Pc n ears' z7e' ` 1 I ^ H7jDus. seB�s•.uY rozal. � LOT ` 1 N7s+6s.6'E 1SsoD' U uiJ.•xv ____ L -.r, 576 LOT \ zioD' ziod 1 / r LOT a U 1 I'T 582 B-riv°u ��f ,a>.Je' ..,,•aa•E 3 3Tp 567 1 3 6'u1Y 1 +•_ N _ "C11 n L -e0.44• OOY'H11' h 1 ' O n NBBVO'JB'W 12500' �FIR ` 2_TRACT LANDSCAPE D-700131' �F��E,�T� LEGEND INDIAN RIVER COUNTY DOES NOT CUARANTEE THAT AOECUAIE P EL s\ n NEL J7 N89:T92 W 1088.36 W 1 E fll� Z LOT 583 ,b y ' Ne90Y2l IN7.7S -o REVISIONS ORB 192J PAGE 1089 — — s 23RD STREET S. W. NOTE. = 1 I Urn Ra9•ao•Jaw Isn2o' ` ATER A O SET UNLESS NOTED. a II II —Ir nl LOT 584 , FLO ZONE q� EL A N- �M1` ROD AND CAP STAMPED "LB 4644' IDENRONOFlCARON R OD REVISED PER COMMENTS eO.pJ' I W1 WMA LER FARMS WATER CONTROL 01CT INWAN VIT �" N69Y0'JB"W 14211' I` n 1 II , L-2aee• \ \vd I o n 1 , B-2esa'zP• , � LOT ORB PB OFFICIAL RECORD BOOL PUT BOOL (IDIAN RIVER COUNTI) WI 3 3 w� 5858 Ui I 5000' a BIY Z LAKEWOOD TERRACE UNIT I PLAT BOOK 7 PACE 6 Z $ b PO P.D.BE. I I I I I Sa9V0'Ja•E IIIL 1 ....�..� Ne9'10'J6•W � 1 12H.f9' I & g 1- LOT 586 PRC PRM 1 I N0019'12'W ]6.61' Ne9LBJ6"W 1I7. �-- ----- M' Ne9792TW ISSI6' �1 � I n LOT bl w 575 I3 � �o ' Y9�.•1.•E 1: LOT 574 s Z el LOT ^I^21" 11 I 569 5892.'.47' Ie6.9J' 110 `�I IaRi Sa9�I•M'E 1: 5�3 LOT $ 570 ON_RADIAI, 8921'M•W ]1.00• I 5B92I'N$ f$ r0' CUE LOT ae5' 572 Ps°D.E. LOT e-sB.Be•_A / 571 a22'ta THIS INSTRUMENT WAS PREPARED BY DAVIDTAYLOR 6'u1Y 1 +•_ N _ "C11 n L -e0.44• OOY'H11' NOTE, — 10' Or 2_TRACT LANDSCAPE D-700131' �F��E,�T� LEGEND INDIAN RIVER COUNTY DOES NOT CUARANTEE THAT AOECUAIE 3' LAE g N89:T92 W 1088.36 w CH N6B'J92> 265.1' N88 J9'T 1)539' s ADDIRONAL R/W 1 gI Ne90Y2l IN7.7S -o REVISIONS ORB 192J PAGE 1089 — — s 23RD STREET S. W. NOTE. 2100' 6500' I P.C.P.-NAIL AND TAB STAMPED 'PCP PSM #5243" THE BUILDER/LOT OWNER SHALL BE RESPONSIBLE FOR S£T u e2� O SET UNLESS NOTED. g PVBUC RIGHT OF WAY �I OLOT CORNERS TO BEMONUMENTEDWITH A 1/2* FRONTAGE AS DEPICTED ON INE APPROVED PROJECT PRELIMINARY PLAT AND LAD DEVELOPMENT PERMIT.IRON — — ROD AND CAP STAMPED "LB 4644' IDENRONOFlCARON R OD REVISED PER COMMENTS eO.pJ' 60.00' W1 WMA LER FARMS WATER CONTROL 01CT INWAN VIT - yj 13 I 13 y,I I LB NAND NR I y I I NLLJ ORB PB OFFICIAL RECORD BOOL PUT BOOL (IDIAN RIVER COUNTI) WI 3 3 w� PUT BOOIL ST. LUCIE CWN POINT OF CURVATURE Ui I 5000' a BIY Z LAKEWOOD TERRACE UNIT I PLAT BOOK 7 PACE 6 Z b PO P.D.BE. PLANNED DEVELOPMENT P.D. BUFFER EASEMENT I I I I P GE POINT OF INTERSECTON PLS SURVEYOR'S NUMBER POBPOT POC p CI PRC PRM POINT OF REVERSE CURVE PERMANENT REFERENCE MONUMENT U �1 I oz� I I roa I i' I I RADIUS POINT RIGHT OF WAY N I I N N I THIS INSTRUMENT WAS PREPARED BY DAVIDTAYLOR FOR MASTELLER, MOLER & TAYLOR INC. GENERAL NOTES NOTE, 1655 277H STREET, SU17E Z VERO BEACH, FL.NO CERRFlCATE OF AU7HORIZABON N0. LB 4644 SEE SHEET 2 OF 14 FOR GENERAL NOTES. BUILDING PERMIT WRL BE ISSUED FOR DEVELOPMENT OF My LOT OR TRACT UNLESS AND UNRL AN IMRAL AND FINAL CONCURRENCY CERTln TE FOR DEVELOPMENT OF THE LOT OR TRACT IS OBTAINED. PHONE 772-564-8050 FAX 772-794-0647 FAX �F��E,�T� LEGEND INDIAN RIVER COUNTY DOES NOT CUARANTEE THAT AOECUAIE ORIGINAL PREPARATION DATE.' 4/15/16 CAPACITY WILL EMST AT THE RME WHEN AN APPLICANT OR CH p P.R.M.-4'X4• CONCRETE MONUMENT SET AND APPUCANYS SUCCESSOR CHOOSES TO APPLY FOR AND OBTAIN A CERTIFICA7E STAMPED 'PRM PSM 5243' UNLESS NOTED CONCURRENCY REVISIONS OTHERWISE. NOTE. 2100' 6500' I P.C.P.-NAIL AND TAB STAMPED 'PCP PSM #5243" THE BUILDER/LOT OWNER SHALL BE RESPONSIBLE FOR S£T u e2� O SET UNLESS NOTED. PROVIDING THE SIDEWALK REWIRED ALONG HIS LOTS STREET REVISED PER COMMENTS U0716 OLOT CORNERS TO BEMONUMENTEDWITH A 1/2* FRONTAGE AS DEPICTED ON INE APPROVED PROJECT PRELIMINARY PLAT AND LAD DEVELOPMENT PERMIT.IRON ROD AND CAP STAMPED "LB 4644' IDENRONOFlCARON R OD REVISED PER COMMENTS PLAT BOOK: PAGE. DOCKET NUMBER: GRAPHIC SCALE 1i,M E�`In CURVE TABLE ABBREVIATIONS x p U BM CE BENCH MARK CONSERVATION EASEMENT SSII S CH d MD CM D.E. CONCRETE MONUMENT DRAINAGE EASEMENT �s ' M.00' 2100' 6500' I D.M.E. EU!,ELEVAnON DRAINAGE MAINTENANCE EASEMENT S£T u e2� FEeND FMMA FOUND FEDERAL EMERGENCY MANAGEMENT ASSC. 8 I I 547J 0.03 4 ID IDENRONOFlCARON R OD ry I.F.W.GO. WMA LER FARMS WATER CONTROL 01CT INWAN VIT - L.E.L ALIBIED ACCESS EASEMET y,I LB NAND NR LICENSED BUSINESS NORTH AMERICAN VERMCM. DATUM NON -RADIAL I ORB PB OFFICIAL RECORD BOOL PUT BOOL (IDIAN RIVER COUNTI) PBS PC PUT BOOIL ST. LUCIE CWN POINT OF CURVATURE 5000' a BIY PCC PCP POINT OF COMPOUND CURVE PERMANENT CONTROL PONT PO P.D.BE. PLANNED DEVELOPMENT P.D. BUFFER EASEMENT I I I PG % P GE POINT OF INTERSECTON PLS SURVEYOR'S NUMBER POBPOT POC OF BEGINNING POINT OF COMMENCEMENT PRC PRM POINT OF REVERSE CURVE PERMANENT REFERENCE MONUMENT Pd PTPOINT PROFESSIONAL SURVEYOR AND MAPPER OF TANGENCY RP R/W RADIUS POINT RIGHT OF WAY U.E. UTILITY EASEMENT EAE EMERGNCY ACCESS EASEMENT SHEET INDEX —1_____ T____r____, I I I HATCHED AREAS AS SHOWN ON ZONE 1 HAZARDBAREAS ASpSHOW FEDERAL EMERGENCY MANAGEMENT I AGEI N NUMBERS 0 I I I I I I 120EAP -� AND2 CD370 H. DATED 12� I SHEET 14 OF 14 Millstone Landing PD Phases 4, 5 and 6 CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS NO. PD -04-04-08 (2003100068-76768) THIS CONTRACT, made and entered into this = day of September, 2016 by and between SLV MILLSTONE, L.L.C., a Delaware limited liability company, owner of the property being platted as Millstone Landing PD Phases 4, 5 and 6, hereinafter referred to as "Developer," and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as "County". WITNESSETH: WHEREAS, Developer is commencing proceedings to effect a subdivision of land within Indian River County, Florida; and WHEREAS, a final plat of the subdivision within the unincorporated area of Indian River County shall not be recorded until the Developer has installed the required improvements or has guaranteed to the satisfaction of the County that such (f improvements will be installed; and WHEREAS, Developer requests the approval and recordation of a certain plat to be known as Millstone Landing PD Phases 4, 6 and 6; and WHEREAS, the required improvements are to be installed after recordation of this plat under guarantees posted with the County. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES HEREIN CONTAINED, the parties agree as follows: 1. Developer agrees to construct on or before September 20, 2017, in a good and workmanlike manner, those improvements described as follows: See Exhibit "A" attached hereto or otherwise required by the Indian River County Code in connection with the approval of said plat. A copy of the plat shall be recorded in the Public Records of Indian River County, Florida upon the final approval of the Board of County Commissioners and made a part hereof for all purposes. APPROVED AS TO -FORM AN A `UFFICIEN(" WFILLIAM K.O ra.AL DEPUTY COUNTY ATTURNE ATTACHMENT 4 ZS q • A • I S 2. Developer agrees to construct said improvements strictly in accordance with the land development permit, the most recent set of plans and specifications for this subdivision approved by the County and on file in the Planning and -Development Division, and all County development regulations and standards, including conditions and requirements of any applicable County right-of-way permit, all of which are hereby incorporated by reference and made a part hereof. 3. In order to guarantee performance of this contract, Developer shall simultaneously herewith furnish an irrevocable letter of credit, having an expiration date of not less than ninety (90) days beyond the date set forth in Paragraph 1, provided by a banking institution authorized to transact such business in this state, in a form to be approved by the County, naming Developer as customer and Branch Banking and Trust , as the underwriting bank, in the amount of $162,405.00, which amount is not less than one hundred twenty-fiive percent (125%) of the estimated total cost of improvements remaining to be constructed, as determined in accordance with the County's Subdivision and Platting Ordinance. It is understood that the full amount of the letter of credit shall remain available to the County and shall not be reduced during the course of construction. Developer may at any time substitute guarantees, subject to the approval as to form and amount by the County. 4. Up to $1,000,000.00, or the limits of any applicable underlying or excess insurance coverage carried by Developer or to be obtained during the course of the construction of the subdivision improvements, Developer agrees to indemnify, hold harmless, and defend the County against any and all claims, damages, losses, and expenses, including attorney's fees, for property damage, personal or bodily injury, or loss of life, arising from the negligent acts or omissions of the Developer, its officers, employees, agents, or contractors, subcontractors, laborers, or suppliers, relating to the construction of the required improvements, including all those improvements to be constructed on existing publicly dedicated or County -owned property, such as street, sidewalk, bikepath, lighting, signalization, traffic control, drainage, water, or sewer improvements. 5. The County agrees to approve the plat for recordation in the Public Records of Indian River County, Florida upon a finding as to compliance with all applicable provisions of the County's Subdivision and Platting Ordinance and upon execution hereof. The County shall accept those areas specifically dedicated to the County for the purposes indicated on the plat at the time of plat recordation. However, nothing herein shall be construed as creating an obligation upon the County to perform any act of construction or maintenance within such dedicated areas until such time as the required improvements are satisfactorily completed. Developer shall remain responsible for utility meter boxes, sewer clean outs, and drainage culvert inverts, to be in good repair, accessible, correctly plumbed, and not covered with topsoil, concrete or impervious material for the 1 -year maintenance period commencing after County issuance of a Certificate of Completion. 2 12 -s9 -A-19 ATTACHMENT 4 Notice of this ongoing responsibility shall be provided by Developer to any subsequent builder/homeowner. Satisfactory completion in accordance with the land development permit, plans, specifications, and ordinance requirements of Indian River County shall be determined by the County and shall be indicated by specific written approval of the Public Works Director or his designated representative, after receipt of a signed and sealed Certificate of Completion from the project engineer of record. Once the required improvements are completed to the satisfaction of County, Developer acknowledges that Developer is responsible for posting a 1 -year warranty for road and drainage improvements as well as utility facilities, if applicable, in the amount of 25%'of the costs of such improvements; and that appropriate warranty agreement and bill(s) of sale will need to be entered into. The funds posted under this Contract for Construction of Required Improvements will not be released until the applicable 1 -year warranty postings and appropriate warranty agreement and bill(s) of sale are in place. 6. In the event the Developer shall fail or neglect to fulfill its obligations under this contract and as required by the Indian River County Code, the Developer, as principal, and the letter of credit (or any County approved substituted guarantees) shall be jointly and severally liable to pay for the cost of construction and installment of the required improvements and warranty to the final total cost, including but not limited to engineering, construction, legal and contingent costs, including reasonable attorney's fees incurred by the County, together with any damages, either direct or consequential, which the County may sustain as a result of the failure of Developer to carry out and execute all provisions of this contract and applicable ordinances of the County. In no event, however shall the liability of the underwriting bank (or any County approved substituted guarantees) under this paragraph exceed the total amount of the original obligation stated in the letter of credit (or any County approved substituted guarantees). 7. The parties agree that the County at its option shall have the right, but not the obligation, to construct and install or, pursuant to receipt of competitive bids, cause to be constructed and installed the required improvements in the event Developer shall fail or refuse to do so in accordance with the terms of this contract. Developer expressly agrees that the County may demand and draw upon the existing letter of credit (or any County approved substituted guarantees) for the final total cost of the improvements and warranty. Developer shall remain wholly liable for any resulting deficiency, should the letter of credit (or any County approved substituted guarantees) be exhausted prior to completion of the required improvements. In no event shall the County be obligated to expend public funds, or any funds other than those provided by the Developer, or the underwriting bank (or any County approved substituted guarantees) to construct and warranty the required improvements. Developer hereby gives permission to County, County's contractors and subcontractors to go on its property, known as proposed Millstone Landing PD Phases 4, 5 and 6, for purposes of completing the required improvements. If any portion of the property is sold by Developer, Developer acknowledges that the granting of this permission will be ATTACN*EMT 4 2-59 A 2 0 e preserved and recited in any document transferring title to Developer's successor and/or assigns. 8. Any letter of credit (or any County approved substituted guarantees) provided to the County by Developer with respect to this contract shall exist solely for the use and benefit of the County and shall not be construed or intended in any way, expressly or impliedly, to benefit or secure payment to any subcontractor, laborer, materialman or other party providing labor, material, supplies, or services for construction of the required improvements, or to benefit any lot purchaser(s), unless the County shall agree otherwise in writing. 9. This agreement is the full and complete understanding of the parties and shall not be construed or amplified by reference to any other agreement, discussion, or understanding, whether written or oral, except as specifically mentioned herein. This agreement shall not be assigned without the express written approval of the County. Any amendment, deletion, modification, extension, or revision hereof or hereto shall be in writing, executed by authorized representatives of both parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written. SLV MILLSTONE, L.L.C., a Delaware limited liability company By AichaelMoser Authorized Signatory DEVELOPER INDIAN RJVRF COUNT%,KVORIDA By: Jason I County { Resolution No. 2005-121 COUNTY projected BCC plat approval date: 9/20/2016 4 w"ACH N�° 4 A tt 01- NN 1 "M MASTELLER & MOLER. INC. M - CIVIL ENGINEERS - MILLSTONE LANDING PHASES 4 - 6 CERTIFIED PERFORMANCE BOND COST ESTIMATE 1. SITE WORK TOTAL PROJECT AMOUNT COMPLETE AMOUNT REMAINING Description Quantity Unit Unit Price TOTAL Quantity $ Value Quantity $ Value; Mobilization 1 LS 12 000.00 $12 000.00 1.0 $12,000.00 0.0 $0:00 Erosion Control 1 LS 19,400.00 $19,400.00, 1.0 $19 400.00 0.0 M00 Clearing & Grubbing 97.33 Acre 3,250.00 $316,322.50 97.33 $316,322.50 0.0 $0:00 Excavation 363,000. CY 2.89 $1,049,070.00 363,000 $1,049,070.00 0.0 $0;00 Embankment 363,000 CY 1.35 $490,050.00 363,000 $490,050.00 0.0 $000 Rough Gradina 1 LS 95 840.00 $96,840,00 1.0 $95,840.00 0,0 $0:00 Fine Grading 1 LS 85 140.00 $86,140.00 1.0 $85,140.00 0.0 $0;00 CAP 36" 1 495 LF Subtotal $2,067,822.50 1,495 $2,067,822.50 0 $0.00 2. STORM DRAINAGE TOTAL PROJECT AMOUNT COMPLETE AMOUNT REMAINING Description Quantityl Unit Unit Price TOTAL Quantity . Value $ Value: Storm inlet 43 EA $2,800.00 $120,400.00 43 -Quantity $120,400.00 0 $0.00 Type P Storm Manhole 3 EA $2,500.00 $7,500,00 3 $7,500.00 0 $0:00 Discharge Control Structure 1 EA $4,000.00 $4,000.00 1 $4,000.00 0 $0:00 CAP 15" 81 LF $32.00 $2,592.00 81 $2,592.00 0 $0:00 CAP 18" 1,546 LF $38.00 $58,748.00 1,646 $58,748.00 0 $0.00 CAP 24" 376 LF $42.001 $15,792.00 376 $16,792.00 0 $0.00 CAP 30" 469 LF 65.001 $30,485.00 469 $30,485.00 0 $0i00 CAP 36" 1 495 LF $72.00 $107,640.00 1,495 $107,640.00 0 $0.00 CAP 48" 696 LF $96.00 $66,816.00 696 $66,816.00 0 $0.00 RCP 15" 220 LF $30.00 $6,600.00 220 $6,600.00 0 $0;00 RCP 18" 701 LF $37.00 $25,937.00 701 $25,937.00 0 $0'.00 RCP 24" 234 LF $49.00 $11,466.00 234 $11,466.00 0 $0:00 RCP 30" 62 LF $62.00 $3,844.00 62 $3,844.00 0 $0.00 RCP 36" 132 LF $74.00 $9,768.00 132 $9,768.00 0 $0,00 RCP 48" 22 LF $98.00 $2156.00 22 $2,156.00 0 $0,00 Sod: Curb, Common SW & Pond Banks 25,900 SY $2.00 $5 800.001 25,900 $51,800.00 0 $0;00 Subtotal $525,5".001 1 $525,644.00, $0*.00 Page 1 of 4 1655 27th Street, Suite 2 Vero Beach, Florida 32960 (772) 567-5300 4 p 1117 at 4 I, Z MAcSTELEER & Mt3LER. mc.. M CIVIL ENGINEERS ~ MILLSTONE LANDING PHASES 4 - 6 CERTIFIED PERFORMANCE BOND COST ESTIMATE 3. ROADS TOTAL PROJECT AMOUNT COMPLETE AMOUNT REMAINING Description Quantity Unit Unit Price TOTAL Quanta $ Value Quanta Valuei Signs/Pavement Markin 1 LS $7,445.00 $7,445M 0 $0:00 1 $7,445:00 Density Testing 1 LS $4,500.00 $4,500.00 1 $4 500.00 0 $0,00 Asphalt - First Lift 1.0" S-3 32,310 SY $5,60 $180,936.00 32,310 $180,936.00 0 $0.00 Asphalt -Second Lift 1.0" S-3 32,310 SY $5.60 $180,936.00 32,310 $180,936.00 0 $0:00 6" Rock Base -32-,3-1-0 SY $9.75 $316,022.50 32,310 $315.022.50 0 $0:00 8" Stabilized Sub rade 32,310 SY $4.50 $145,395.00 32,310 $145,395.00 0 $0:00 Miami Curb 2-2-15-74 LF $10,00 $225,740.00 22 574 $225,740.00 0 $0.00 Header D Curb 1,254 LF $8.00 $10,032.00 1,254 $10,032.00 0 $0:00 Stabilized Roadwa (Emergency Access 130 SY $5.00 $650.00 0 $0.00 130 $650.00 Common Area Sidewalk 1,552 SY $37.00 $57,424.00 1 552 $57,424.00 0 $00 Subtotal 1 $1,128,080,50, $1,119,985.50 $81095.0 4. LANDSCAPE TOTAL PROJECT AMOUNT COMPLETE AMOUNT REMAINING Description Quantity Unit Unit Price TOTAL Quanta $ Value Quanta $ Value, Canopy Trees Stormwater Tracts 233 EA $300.00 $69,900.00 233 $69,900.00 0 $0.00 Canopy Trees(Landscape Tracts 48 EA $300.00 $14,400.00 48 $14,400.00 0 $0.00 Canopy Trees e B Buffer, 8,683 Ip 521 EA $30000 $156,300.00 297 $89,1100.00 224 $67,200.00 Understo Trees e B Buffer, 8,683 lfl 262 EA $165.00 $43 230.00 149 $24,585.00 113 $18,645.00 Shrubs (Type B Buffer, 8,683 I 2,086 EA 1 $14-001 $29,204.001 1190 $16,660.00 896 $12,544.00 Force Main - Fittings, Epoxy Lined 1 LS Subtotal 1 $313,034.001 1 $214,645.00 0 $98,389.001 S. SANITARY SEWER TOTAL PROJECT AMOUNT COMPLETE AMOUNT REMAINING Description Quantity I Unit Unit Price TOTAL Quanta $ Value Quanta $ Value 8" PVC Pipe Cut 0-6' 2,425 LF $18.00 $43,650.00 2,425 $43,650.00 0 $01.00 8" PVC Pipe Cut 10'-12' 1,248 LF $24.00 $29,952.00 1,248 $29,952.00 0 $0`.00 8" PVC Pipe Cut 12'-14 488 LF $26.00 $12,688.00 488 $.12,688.00 0 $0'.00 8" PVC Pipe Cut 6'-8' 3,460 LF $20.00 $69,200.00 3,460 $69,200.001 0 1 0:00 8" PVC Pie Cut 8'-10' 2,419 LF $22.00 $53,218.00 21,41-9 $53 218.00 0 $0.00 Force Main - Fittings, Epoxy Lined 1 LS $3,042.96 $3,042.96 1 $3,042.96 0 0.00' Force Main 6" PVC 725 LF $18.00 $13,050.00 725 $13,050.00 0 $0.00 Lateral - Double 105 LF $730.00 $76,650.00 105 $76,650.00 0 $0.00 Lateral - Single 36 EA $650.00 $2340000 36 $23,400.00 0 $0.00 Continued on Page 3 Page 2 of 4 1655 27th Street, Suite 2 Vero Beach, Florida 32960 (772) 567-5300 :fofA g j 14., MASTELLER & MOLER. ,I TC.. M - CIVIL ENGINEERS - MILLSTONE LANDING PHASES 4 - 6 CERTIFIED PERFORMANCE BOND COST ESTIMATE Continued from Pa e.2 (5. SANITARY SEWER) TOTAL PROJECT AMOUNT COMPLETE AMOUNT REMAINING Description Quant1tv Unit Unit Price TOTAL Quanti $ Value Quantity $ Value, Sewer Manhole 0-6' 11 EA $3,200.00 $35,200.00 11 $35,200.00 0 $0;00 Sewer Manhole 10'-12' 5 EA $5,600.00 $28,000.00 5 $28,000.00 0 $0:00 Sewer Manhole 12'-14' 3 Fes, $6,000.00 $18,000.00 3 $18,000.00 0 M00 Sewer Manhole 6-8' 1 13 EA $3,850.00, $50,050.00 13 $50,050.009 0 $0.00 Sewer Manhole 8'-10' 1 14 EA $5,100.001 $71,400.00 14 $71,400.001 0 0.00 Lift Station w/RTU & Generator I 1 LS $194,903.151 $194,903.151 1 1 $194,903.151 0 $0.0 6. POTABLE WATER TOTAL PROJECT AMOUNT COMPLETE AMOUNT REMAINING Description Quanti Unit Unit Price TOTAL QuantityValue Value Quantit Value. 6" C-900 PVC Pie 8167 LF $14.00 $114,338.00 8167 $114,338.00 0 $0.00 6" Gate. Valve 23 EA $1,100.00 $25,300.00 23 $25,300.00 0 $0:00 8" C-900 PVC Pie 3,167 LF $19.00 $60173.00 3,167 $60,173.00 0 $0.00 8" Gate Valve 9 EA $1,500.00 $13,600.00 9 $13,500.00 0 $0:00 Fire Hydrants -Complete 17 EA $3,070.00 $52190.00 17 $52,190,00 0 $0.00 Fittings 3 LS $19,578.75 $58,736.26 3 $58,736.25 0 1 $0;.00 Water Service - Double 92 EA $1,300.00 $119,600.00 92 $119,600.00 0 $0.00 Water Service - Single 62 EA $740.00 $46,8- -80-0-0- 62 $46,880.00 0 $0°.00 Temp. Jumper 1 EA $2,500.00 $2,500.00 1 $2,500.00, 0 $0.00 Sample Points 12 EA $200.00 $2,400.00 12 $2,400.00 0 $0'.00 Pressure Test 1 LS $75000 $750.00 1 $750.00 0 $0:.00 Bac T's 1 LS $775.00 $775.00 1 1 $775.001 0 $0:0 7. MISCELLANEOUS TOTAL PROJECT AMOUNT COMPLETE AMOUNT REMAINING Description Quantity Unit Unit Price TOTAL Quantity Value Quanti $ Value Re -Mobilization 1 LS $1200.00 $1200.00 0.00 $0.00 1.00 $1200.00 Additional Erosion Control 1 LS $1 940.00 $1,940.00 0.00 $0.00 1.00 $1,9411.00 Additional Engineering (Bidding, Etc 1 LS $10,000.00 $10,000.00 0.00 $0.00 1.00 $10,000.00 Survev Stake -out 1 LS $72,000.00 $72,000-00 0.95 $68 400.00 0.05 $3,600'.00 Survey As -Built 1 L5 $39,000.00 $39,000.00 0:9 $35,100.00 0.1 $3,900.00 Survey- Set PCP and PRM 1 LS $22,500.00 $22,500.00 1.0 $22,500.00 0.0 $0'.00 Electrical Backbone & Road Chases 1 LS $28,000.00 $28,000.00 1.0 $28,000.00 0.0 $0.00 Engineer Inspections/Certs 1 LS $28,000.00 $28,000.00 0.9 $25,200.00, 0.1 $2,800'.00 Page 3 of Subtotal $202 640.00 $179,200.00, $23,440.00 1655 27th Street, Suite 2 Vero Beach, Florida 32960 (772) 567-5300 _ - IB UN— L!U MA:STELLERt &.MOLJEIR, STC: M —CIVIL ENGINEERS MILLSTONE LANDING PHASES 4 - 6 CERTIFIED PERFORMANCE BOND COST ESTIMATE SUMMARY - TOTAL Com late Value Remaining Value, 1. Site Work $2,067,822.50 $2,067,822.50 $0:00 2. Storm Drainage $525,544.00 $525;544.00 $0.00 3. Roads $1,128,080.50 $1,119,985.50 $8,095.00 4.1-andsca a $313,034.00 $214,645.00 $98,389:00 5. Sanitary Sewer $722,404.11 $722,404.11 $0.00 6. Potable Water $496,142.25 $496,142.25 10.00 7. Miscellaneous $202,640.00 $179,200.00 $23440.00 TOTAL I $5 455 66.7.36 98% $6,325,743.36 2% $129,924.00 PERCENTAGE OF PROJECT COMPLETION: REMAINING $ VALUE: 129 924.00 CERTIFICATE OF COST ESTIMATE�9�f��/�• I, John M. Boyer, a Florida Professional Engineer, License No. 57970, do hereby certify to Indian River County that this cost estimate has de/ prfpared under my responsible direction for those improvements itemized in this exhibit and that the total cost estimate is true and accurate to the best of my knowledge. This estimate has bee=-- %Wrt, to induce approval by the County of a final plat for the Millstone Landing Phases 4 - 6 project, and for the purpose of establishing prociated therewith. John M. Byer, PE, FL # 579W Senior Protect Engineer Rle#1017 (Cost Estimate] (1&0908 Millstone Certified Cost Estimate.xlsx) Page 4 of 4 t^ f 0lo. 57971? M1 s a STATE OF AS 1655 27th Street, Suite 2 Vero Beach, Florida 32960 (772) 567-5300 ® Branch Banking and Trust Company Commercial Banking 6250 53rd Ave E Bradenton, FL 34203 IRREVOCABLE LETTER OF CREDIT NO. 9662107775-00002 Indian River County Date: 09/16/2016 Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 Gentlemen: By order of SLV Millstone LLC, BUT hereby establishes an Irrevocable Letter of Credit No. 9662107775-00002 in your favor in the amount of $162,405.00 effective as of 09/16/2016, and expiring at our office at the close of business on December 20th, 2017. This Letter of Credit is provided to you as required under the Contract for Construction of Required Improvements Contract No. PD -04-04-08 (2003100068- 76768) between SLV Millstone, L.L.C., a Delaware limited liability company and Indian River County, relating to Millstone Landing PD Phases 4, 5 and 6. BB&T shall make funds available under this credit to you not exceeding in the aggregate the amount of this credit against your sight draft to us mentioning this Letter of Credit No. 9662107775-00002, accompanied by a letter from the County Administrator or his designee, with approval signatures of the County Attorney or his designee, and the Director of Office of Management and Budget or his designee, stating that SLV Millstone, L.L.C. has defaulted under the terms of the aforementioned Contract for Construction of Required Improvements, and that the amount of the draft represents the amount required by the County to fulfill the performance of said contract. Drafts presented for payment under the credit shall be marked, "Drawn on Irrevocable Letter of Credit No. 9662107775-00002 of SLV Millstone LLC., BUT." This letter of credit sets forth in full the terms of our undertaking. Such undertaking shall not in any way be modified, amended, or amplified by reference to any document, instrument, or contract referred to herein or in which this Letter of Credit is referred to or to which this Letter of Credit relates and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or contract. BB&T hereby agrees that your sight draft and letter as mentioned above shall be duly honored and payment made upon due presentation to our office at the above address or by facsimile transmission specified below, before 3:00 p.m. no later than December 20th, 2017. ATTACHMENT 4 ;59. A,. Z� 1. The above recitals form an integral part of this agreement. 2. The Developer and County agree that the timing and construction of the required 23rd Street SW roadway improvements as well as the posting of security to guaranty and warranty the roadway improvements will be controlled by the Developer's Agreement, which Developer's Agreement will be finalized in the future. 3. Once the Developer's Agreement is finalized and executed, the security posted under this Agreement will be released. I 4. Should the Developer's Agreement not be finalized prior to the expiration of the letter of credit, Developer agrees to promptly have the letter of credit amended to extend the expiration date to a date agreeable by County, otherwise County shall take necessary action to call the letter of credit, with said funds being held in escrow until the Developer's Agreement is finalized. Alternatively, should Developer fail to enter into the Developer's Agreement, the Developer and the escrowed funds shall be jointly and severally liable to pay for the cost of, construction and installment of the required 23d Street SW roadway improvements to the final total cost, plus the warranty, including but not limited to engineering, construction, legal and contingent costs, including reasonable attorney's fees incurred by the County, together with any damages, either direct or consequential, which the County may sustain as a result of the failure of Developer. 5. Should Developer fail to enter into the Developer's Agreement, and the CCounty calls the letter of credit, the parties agree that the County at its option shall have the right, but not the obligation, to construct and install or, pursuant to receipt of competitive bids, cause to be constructed and installed the required roadway improvements in the event Developer shall fail or refuse to do so. Developer shall remain wholly liable for any resulting deficiency, should the called funds be exhausted prior to completion of the required roadway improvements. In no event shall the County be obligated to expend public funds, or any funds other than those provided by the Developer to construct the required roadway improvements. 6. Security provided to the County by Developer with respect to this Agreement shall exist solely for the use and benefit of the County under the terms of this Agreement and shall not be construed or intended in any way, expressly or impliedly, to benefit or secure payment to any other party. 7. This agreement is the full and complete understanding of the parties and shall not be construed or amplified by reference to any other agreement, discussion, or understanding, whether written or oral, except as specifically mentioned herein. This agreement shall not be assigned without the express written approval of the County. Any amendment, deletion, modification, extension, or revision hereof or hereto shall be in writing, executed by authorized representatives of both parties. 2 i i ATTACHMENT i IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written. SLV MILLSTONE,a Delaware limited liability corvilp By M' hael Moser Authorized Signatory DEVELOPER INDIAN RIVER COUNTY, FLORIDA ATTEST:: Jeffrey R. Smith, Clerk of Court By: and Comptroller Bob Solari, Chairman COUNTY By: Deputy Clerk Approved as to Public Works matters: BCC approved: By: p !Y Rich zpyrka, P.E. Public Works Director Approved #o form nd leg i ier By: William K. D raa Deputy County Attorney 3 ATTACHMENT 5 f HMMASTELLER & MOLERa INC. CIVIL ENGINEERS — 23rd Street SW Roadway Improvements CERTIFIED PERFORMANCE BOND COST ESTIMATE , Reference: "23rd Street SW Roadway Improvement Plans," Masteller & Moler, Inc., dated December 3, 2015. Item Description Quantity Unit Unit Price Total 1 Mobilization 1 LS $ 6,500.00 $ 6,500.00 2 Erosion Control 1 LS $ 2,000.00 $ 2,000.00 3 Clearing & Grubbing 0.85 Acre $ 3,250.00 $ 2,762.50 4 Demolish Existing Asphalt 2,050 SY $ 5.00 $ 10,250.00 5 Import Fill 2,500 CY $ 9.00 $ 22,500,00 6 Roo h Grade 7,200 SY $ 1.00 $ 7,200.00 7 Finish Grade 7,200 SY $ 1.35 $ 9,720.00 8 Storm Inlet - Type "C' 3 EA $ 2,200.00 $ 6,600.00 9 Storm Pi e - RCP 18" 300 LF $ 36.00 $ 10,800.00 10 Storm Pipe - CAP 18" 190 LF $ 30.00 $ 5,700.00 11 Dewatpring & Lake Installation of Pie 1 LS 1$ 10,000.00 $ 10.,000.00 12 Sod: Swale$ & Disturbed Areas 4,200 SY $ 2.25 $ 9,450.00 13 Asphalt -1.0" SP 9.5 3,105 SY $ 5.70 $ 17,698,50 14 Asphalt -1.5' SP 12.5 3,106 SY $ 8.55 $ 26,556.30 15 8" Rock Base 2,970 SY $ 13.00 $ 38,610.00 16 12" Stabilized Sub rade 3,050 SY $ 5.25 $ 16,012.50 17 Adjust Fire Hydrant 2 EA $ 1,500.00 $ 3,000.00 18 Drivewa - 6" Concrete 51 SY $ 45.00 $ 2,295.00 19 Sidewalk - 6" Concrete 638 SY $ 45.00 $ 28,710.00 20 Signs/Pavement Markin 1 LS $ 2,654.40 $ 2,654.40 21 Engineering Design 1 LS $ 8,500.00 $ 8,500.00 22 Permit Application Fees 1 LS $ 810.00 $ 810.00 23 Density Testing 1 LS $ 1,500.00 $ 1,500.00 24 Survey Stakeout 1 LS $ 1,800.00 1 $ 1,800.00 25 Surve As -Built 1 LS $ 1,800.00 $ 1,800.00 26 Engineer ineer Ins ectionsJCerts 1 LS $ 3,360.00 $ 3,360.00 Total Construction: $256,789.201 PERFORMANCE BOND SURETY AMOUNT 115% OF TOTAL PROJECT) $295 30i.581 el Ile CERTIFICATE OF COST ESTIMATE 1, John M. Boyer, a Florida Professional Engineer, License No. 57970, do hereby certify to Indian River C unty that this cost estimate has been prepared under my responsible direction for those improvements itemized in this exhibit and that the total cost estimate is true and accurate to the best of my knowledge. This estimate has been prepared, in part, to induce approval by the Co of a final plat for the Millstone Landing Phases 4 - 6 project, and for the purpose of establishing propeXsglr��iated therewith. John M. Boyd, , FL Senior Projet ilineer- sIt .� 111 f )LJ 11 1 I I STATE OF .' �. a File#1017 s �•"a•••u�•asn (18-0728 Millstone 23rd Street PerfirmanceAsk) 1655 27th Street, Suite 2 Page 1 of 1 Vero Beach, Florida 32960 (772) 567-5300 ATTACHU NT 5 2 f 1 219 Branch Banking and Trust Company Commercial Banking 6250 53rd Ave E Bradenton, FL 34203 IRREVOCABLE LETTER OF CREDIT NO. 9662107775-00001 Indian River County Date: 09/16/2016 Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 Gentlemen: By order of SLV Millstone LLC, BB&T hereby establishes an Irrevocable Letter of Credit No. 9662107775-00001 in your favor in the amount of $295,307.58 effective as of 09/16/2016, and expiring at our office at the close of business on 12/16/2017 (15 months from the date of issuance). This Letter of Credit is provided to you as required under the Agreement Concerning Offsite 23'd Street SW Roadway Improvements (Re: Right -Of -Way Permit No. 2016010115) between SLV Millstone, L.L.C., a Delaware limited liability company and Indian River County. BB&T shall make funds available under this credit to you not exceeding in the aggregate the amount of this credit against your sight draft to us mentioning this Letterr of Credit No. 9662107775-00001, accompanied by a letter from the County z Administrator or his designee, with approval signatures of the County Attorney or his designee, and the Director of Office of Management and Budget or his designee, stating that SLV Millstone, L.L.C. has defaulted under the terms of the aforementioned Agreement, and that the amount of the draft represents the amount required by the County to fulfill the obligation under said Agreement. Drafts presented for payment under the credit shall be marked, "Drawn on Irrevocable Letter of Credit No. 9662107775-00001 of BB&T." This letter of credit sets forth in full the terms of our undertaking. Such undertaking shall not in any way be modified, amended, or amplified by reference to any document, instrument, or contract referred to herein or in which this Letter of Credit is referred to or to which this Letter of Credit relates and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or contract. BB&T hereby agrees that your sight draft and letter as mentioned above shall be duly honored and payment made upon due presentation to our office at the above address or by facsimile transmission specified below, before 3:00 p.m. no later than 12/16/2017 (15 months from the date of issuance). ATT1��1��NT Z5 �•� �a Presentation of drawing documents in compliance with this letter of credit shall be presented at our office at the above address on or before the expiration date, not later than 3:00 p.m. Alternatively, presentation of such drawing documents may be made via facsimile transmission to 941-739-7005, or to such other fax number identified by us to you in writing. In the event of a fax presentation, you shall: (i) provide telephonic notification thereof to us at 941-739-7025, or to such other telephone number identified by us to you in writing, and (ii) send the original of such drawing documents to us via ' overnight courier at the above address, provided, however, that our receipt of such telephonic notification and original documents shall not be a condition to payment hereunder. Any change in fax number, phone number or address affecting presentation, must be provided immediately in writing to the attention of Office of Management and Budget, at Beneficiary's address. Such fax presentation shall be considered the operative presentation, provided, however, that any presentation received by us after 3:00 p.m. Eastern time shall be deemed to have been presented on ! the next banking day. The venue is Indian River County, Florida and any disputes will be governed by the laws of Florida. j Sincerely, By Title: Michael Ludwig, Market President • Attest: is 2 ATTACHMENT e25 9-A 31 1 R9 Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF' NDIAN RIVER Before the undersigned authority personally appeared, Sherri Cipriani, who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River, Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Customer Ad Number Coovline PO # 461741- INDIAN RIVER CO ATTORNEYS OFC 1265079 Resolution 2016-072: Fischer Lake Island Fischer Lake Island Septem er 19, 2016 I Sworn to and (cribed b\Morel me *is day of, September 16 016, by Sherri Cipriani \� (X) personally known to me or ( ) who has produced Sandra Coldren Notary Public who is as identification. a SANDRA COLDREN MY COMMISSION # FF 004035 z7 •b�F EXPIRES: April 1, 2017 Bonded Thru Notary Public Underwriters Sep " cbljlv�� ;SM .33 0 r t- is ILD 00 N Q V Q r Z kp Z L �c C Z b5 11Q E J r -0 (n N 0 Q C f/) U W 4 O N JIM ALA,, iAAi\\ CL v/ O 2 6C Monday, September 19. 2016 Pub: Treasury Coast Newspapers uMhlk NOHC 777," 1 Y On.- 7Deed AFP17-on: > Deed�APPllcailGn•i. `ax Deegd APP�ILaNDn TaX Deed ApPllcatlDn," Anyone who may Ish,ro R electronic sale IOM of Otto- GIERCEVFL23489ND E DT]I��617 MediafWiniDe COurtClerk APPLICATION FOR apoeai any dectslOn whicM1 be this meet- properrttyy Description: NO. 29 PB ben 2016 at httpsJasDucle. lerkaucfon.com t 11:00 6926. St Lucie County TAX DEED Inor, made at g a dl need m ensure that TRADITION PLAT 41-10) 81 C LOT 136 (OR A.M. PmpertY may be redeemed Pub: September S. 12, 19, 26, Mrouglr Me St Lucie County 2016 Tax Deed FlIe No.: 15-5]1 erbatlm 17 -W11.11 -1C.1 3fi3425T8361T-13fi) Partel ID:4304T01-0398.000/3 WARNING THERE ARE UNPAID TAKES ON T Lollecto i d p TCN10T8688 le tms- NOTICE IS HEREBY GIVEN, that p Cocedmgs IutlestestimOnyantlew- Name(s)in Which Ass¢sse0: pROPERTYWHICH YOU OWN (Ion amounts and tions, ooleas<contactMe Tax CB INTERNATIONAL INVEST- MENTS-LLC Ne holder of dente upon which Me appeal IS hazed. VICTORIA PARCSRLLC/TRA- DITION COMMUNITY ASSOC OR IN WHICH YOU HAVE A LEGAL INTEREST. THE PROP Co11ecM TT2-461-1650. the following ceNncate has Anyone who need. a special aedlon for this I Sala or°perty being in the ERTY WILL BE 500 AT PUB- LIC AUCTION ON so '/ 016 Date Mlse[h day of April, 2016. Nona Of APPLICATION FOR fled sold certifcates for a tax deed to be Issued there- Co. of St WRB State of ARE Deputy darkANGELA iNS, TAX number °dTyyDer, Rto dlssuance, the Counent, lnyys AmerlcansclWHM1 .is. des AR(AOA)COory iEi Unless said certificateshall pe MID. TO MAKEAPAYS MENT, OR TO PELENE NR- CI¢rk of MC Circuit Court, Tax Deed Me Na: 15-S16 Ocswiptlon of Ne proper dmda, at TT2-226-1333 at I¢azt hours in deem<d ecmrtling to law the deswibed In TMER INFORMATION, CON- TACT THE CIfRK OF COURT St. Lucie County Pub1 September 5, 12, 1912"' NOTICES HEREBY GIVEN,Mn Add a"%-Ze in wMch It w dere as follows 48 advance of Me meeting-suche..Wic", property shall besold IMMEDIATELY AT 2300 VIR- 2016 CBINTERNATIONAL INVEST- TCN IOT8669 CertNcate NO_ 2010/11020 INDIANRIVER COUNTY BOARD Oehi9hestblederbyeiec- October, GINIA AVE, 2ND FLOOR, FORT PIERCE R 34892, TT2iQ2 MENTS LLC th¢ holder of Ne following mrtificato has Year Of Issuance: 1010 OF COUNTY COMMISSIONERS trunk salelOth of 2016 at https://stluCie.cl¢r 6936. filed s¢Id certlfcates fora Addr¢ss FVb: Septmber 19. i6.201fi CHAIRMAN�Y.onWpRNING OOAM yy as pMrouyh the A.blued my S.oHd NOTICEOFAPPLICATION FOR on. dTh. certlticde number prp0 rlt5yWOp CDri0f1>pOT PSL. FILL TRADITION PLAT Nil. 39 (pB TCN 1265668 THERE ARE UNPAID TA%ES ON PROPERTY WHICH YOU OWN Tax Collector' For redemp- [ion amounts and truc- TA%GEED nJ year of Issuance, the tleacriptlon of the prODCh 47-20) BLK C LOT 192 OR OR IN WHICH YOU HAVE A tl°ns,,Iease comact Me Tax Tax Deetl Fle Nil.. 15-575 wss ashsena es in hih rt BEFORE THE LOCAL PLANNING AGENCY LEGAL INTEREST. THE PROP- ERTY WILL BE SOLD AT PUB- C011ecfor, 772-462-1650. Date MbRihtlayof April, 2016. ssed ere as follows NOTICE IS HEREBY GIVEN, that Forces ID�1301-1130151-000/4 NVICTO IA Which Assessed: MARTIN COUNTY, FLORIDA LIC AUCTION ON 101IDA036 UNLESS THE BACK TAXES ANGELA RIGGINS. CS INTERNATIONAL INVEST- Certificate No: 1010/11019 MENTS, LLC the holder of Yearoflasourn, 2010 WCTORICOMMU RLL ASSOC DITION COMMUNITY ASSOC NOTICE OF PUBLIC HEARING ANE PAID. TO MAKE PAY- DeDury tlerk Me following certificate has Address: INC being in the SublIecF: WWD Tract 3, LLC MENT, OR TO RECEIVE FUR- THER INFORMATION. CON- tlerk of The Circuit Court, SL WCie Cpvnty f0Id said certificates for a 10147 SW EUDORA ST PSLR tax deed to be Issued there- Property OesMption: Said proyerty County of SL Lucie. State M (M215.002) W WD Tract 3 I.L.C.nre909uests o� 0 P3016 eptember S. 11. 19, 26, ° e Tyyhe certificate nemtAe 6T ZOD)InBLK C 1911 (OP Unless said ceritficate shall ¢¢aDDroval c"ISlple Family MMEDIATELYEAT J00 PIR- GINIAAVE 2N0 RODR, FOR' TCN 1076595 fsOT of Me pr a 363425)8:3617-136) be redeemetl according M ur Ins Residential District, to Me 6926CE R 34892, 773-d61- and Or w tl Cheesed are as tmol hf NIonsel ame(s)hl3WDlch Aad ed0]] azass sses,TRA- in such oerlificate sha0bbe RM -10 High Density Resi- denbal District, o?o, property may be retleemed N '.yh the St WC C C unty NOTICEOF APPLICATION FOR VICTORM PARCS Certificate NO.: 2010/11018 DITION COMMUNITY ASSOC Sold Mthe high nbidtler by I-m'c sale 10[M1 Of ORO "mon furan 1968 T Collector. For redemp- TA%DEED year°f Issuance: 1010 INC ber. 2016 at httys:/a/stlude. lerkauction.com t aatproxlmatcl Pg eeporhon Oed S - Voxn amounts end Innroo- tlons, contact me To Tax Deed file No-- Address: Saidproperty being in Ike 1D1495W EU0oRA ST PSL,R County of St. Lucie. State of 11:00 A.M. yy c I. Included Is a Ctt- tHicaM of Atlevate Public please Coilecroa T72.46Z-1550. [hat ProbeRrtyy Description: Florida. WARNING TMEREARE UNPAID Facilities ExempUorx Date MISBthtlayo-April, 2016 NOnGE15HEREBYGIVEN. 5T- ENLLC TRpiRTfON PLAT Nil. Z9 PB UNesssoiticertHiwte9shall be (On lain IoF YOU OWN IYOU A Locafon: The subleR pr000- ANGELA RIGGINS, D MENTSCB Neph IOe the following certificate has 3634'5]8:3647-06)190 a property CeSIr%W parch IN 1301.11-0452-000/0 u hCemnmte shallbesold ORONE WHICH HAVE LEGAL INTEREST. THE PROP- Is located at the at Ne Cidkof Ne CircuitCoud. f0e05altl certificates for Name(s)In Which Assessed: to the highest bltltler by eleo- ERTYWILLBESOLDATPUB- a tem end Hydraegea SVeet approximately 500 St W County tax deed to b° Issuetl [here- on The certificate number VICTORIA PARC SR LLC/ Ironic sale IDN of October, httpsJ/stlucie.der- LIC AUCTION ON Monett; UNLESS THE BACK TAKES feet east of US -1 and 1,000 Pub: September S. 11, 19. Z6, 2016 d Y °} Issuer' !. M<� TRADITION COMMMUNITY 2016 at p550C INC kauctlon.mm et 1I:DD A.M. ARE PAID. TO MAKE PAY- feR north R SE Cove Road, InMartInLOYmy. TCN 10]]603 Eesaipnon of the pro rtyy entl t e names In Which tt y 1,11 pr at Sl. WCto State THERE ARE UNPAID TAXES ON RUN- MHER INFORMATNT. OR TO ION. RECEIVE ON- w azazaessed am °f Florida. PROPERTY WHICH YOU OWN TACT THE CLERK OF COURT Public Haringg: LOCAL PLANNINGAGENCY NOTICE OF APPLICATION FOR TAXDUO Certificate Nm. 2(IIO/1101] Unless sai0 certNcate Sha0 be OP IN WHICH YOU HAVE A deem ed acc°rdinatalaw LEGAL INTEREST.THEPROR IMMEDIATELY AT 230OVIR- GINIA AVE. 2ND FLOOR, FORT nmeaneogle: it Yearnlssuor,ce::010 the property tlescribed ERTY VA LL BE PIERCE FL 3.892, 772-462- 7:00 R.M. Or as soon as can be heard on Thurstlay, OC.- Tax Deed File No.:15.562 Address: 10151 SW EUDORA ST PSL R s h mrpficate shatl be saltl DC AUCTION ON 10/10/2016 ro the higheslbidder by eiec- UNLESS THE BACK TA%ES 6926. Propertyy may be redeerod ber 6, 2016 Place: Martin County Admin- NOTICEISHEREBY GIVEN,Mat NUCINVEST- Property Dls pttom TRADITION PLAT Nil. Z9 (PB Ironic sale loch of October, ARE PAID. TO MAKE PAY- 2016 at https://stlucie.cler- MEW, OR TO RECDVE EUI(- through Ne SL Lucie County ?ax Colltttor. For redemD- tra[ive Center, 2101 S.E. ,men Read, Stuart, Flor MENTS. LLC the holder of the following cerUncaso has 47-30) Bl1 C LOT 189 (OR 3634-2578:3647-136) kaucNon.com at 11:00 A.M. TNER INFORMATION, CON- WARNING TACT THE CLERK OF COURT hon amounts and instruo bons, please contact Ne Tax itla349R ftletl sold certificates for a tax"n"e. be Ist. Mare- PMCR I0:4104-TO1-0451-ODD/] Neme(s)in WhkA Assessed: THERE ARE UNPAID TAXES ON IMMEDIATELY AT 3300 PIR- PROPERTY WHICH YOU OWN GINIAAVE 2ND ROOR, FORT COBettar, 772-663-1650. Dale Mis Bth day of April, 1016. All Interested persons a Invited to attend and abe °n The certificate number and ye o issuer'. VICTORIAPARCSRLLC/TRA- COMMUNITY ASSOC OR IN WHICH YOU HAVE A PIERCE, FL 34892, 772-462- LEGAL INTEREST. THE PROP- 6926u. rk Angola Riggins, Deputy CleEIRTY heaM. Persons with tlisbiF It10a who need an act m- u D rty a^aspassessed ,CION SaidIn iounty gy St.r. Lucia pT.. daten In Order to particFor - lopat¢ In this proceMirg are ntided, at n° cost. M the w asrei azpfollaws of SL lucid State Of Floritla. LE 51]TNE BACK TA%ES 20r lthe amp and ARE PAID. TO MAKE PAY- Lum amounts and intro.- PduSt Dt Sept oncia 5, 12,119, 26, 2DI6 TCN 1019299 parnvisi0n of certain aSSI'- CertNcat<N'. 20MAO965 year .1 Issuance; 2010 Unless sold certificate shall De rede...I a........ to MENT. OR TO RECDVE ENR- o s. pleases Me Tax THER INFORMATION, CON- Collector 772.462-1650. tt ThlS does not include Vansportation to entla. from Address: 111505W GAINFORD ST law Me property described in such c°rtiyncate shall be TACT TCLERK OF COURT Dah MIs6N dayof April, 2016. that Me ON9eotlM<Coubty propCrtrtRyy old tobidder P c¢sNehl0tK IMMEDIATELY AT 2300VIR- 0 INUIAHE circDnaryrt ark NOTICE OF APPLICATION FOR Administrator et (I)Z) 221- pea Hption: TgppI ION PLAT NO.1 (PB o10ctd,l ber, 2016 aI https:///sUucle. PIERCE. FL134g92, TFLOOR131•ORT 62- deKlOf the 6926. St Lucie County TAX DFEO ore wilting [0 N01 S.E.S.E Monte, R., sto 47.20) BLK C LOT 137 (OR 363q.25]8:364]-136) lefkoucithm-no t 11:00 AXl Properly y be redeemed Se plember5.12,19,26.2016 through the SLI,County TCN 10I902T Taz Deed File No.. 15 -SIB R 34995. TIO l0[er than Nrepep the Parcel 10: 4304701.0399-000/0 NyjCTOPIAP WARNING T Tax C°Ilad. For red¢mp- °CCorRta ntlt N01`KX IS HEREBY date. Persor nsuzinp aeLTDD Flori- RCSR LLC/TRb PROPERTY WHCH Y0�60WN jjbrnts, Gaj M�Tax CR INTERNATIONALV VESTt holder device. pleaze call 711 tlo Relay Services. blit hear DITION COMMUNITY ASSOC. INC OR IN WHICN YOUHAVE A LEGAL INTEREST. THE PROP- Cp h,cfur ]72.162.1650 DateMls Bthtlay of April, 3016. MENTS, lit the of M¢IRlowing certificate has filed fora When attending aC ma, s member of the public mg y during the public Said DroDerty being in the County R SL Lucie, State Of EATY WILL BE SOLD AT PUB- LIC AUCTION ON 10A0AO16 UNLESS TME BACK TAXES�0' Real Estate saltl certilName taz deed to be Issuetl them - on Th, certificate number weak fit portlon Oi the putr tic hearing. A person may Fladtla. Unless sold certificate shag be [° ARE PAID. TO MAKE PAY- MENT, OR TO RECEIVE FUR- 7AemS1PP1ace11h Aeld ThNeSMPDreIIR_be2 nE year Oi Issuance the tlecnptloI Of the property also participate In the public An retle¢metl acmrtling law Me pro0erty tlescnbad THER INFORMATION, CON- TCPALPoI Ioalfieds ' and the ns tees in which It was asses ed arla51011ows: InbeHnq azanlntervenor' e v r no ask gves- SG such Cerlifsde Shag be Itl c C Jug blade by TACT TILE CLERK OFCOURT IMMEDIATELY AT 210 Vm- f Pub: September 19, 2016 TCN 1364098 NOTICE - The Martin Countyy School District has sched- Vied Regular Insurance Committee meebn99 lv n dly SepGtember 26 1016 at lost ....."b"n"'60"N Bldg. 20, Room T, 580 Ean Oman Blvd Stuart. R 34998. No: September 1q2 TCN 1256360 rz T�ax Deed Aa�p rpJill icati0n G+ NOTICE OF APPLICATION FOR TAX DUD Tax Deed File NO: 15-561 NOTICE IS HEREBY GIVEN, that CB INTERNATIONAL INVEST- MENTS, LLC the h010<r of Me IOIIOwinG Certin¢ate has (nee le "IT ""0" for A ton, x deed too be Issuetl there - n The o flute number fid year f Issuance, the and escnpbo1 of the Pro art . and ash ames In with It w ed astoo-- Certificate In. 3mD/10961 Year of Issuanm: 2010 11168 SW GAINFORD ST M. . As access W water provides an equal benefit to each property served, Me assessment will be equal per parcel. T,..Moatedcostfw Metmp me Isis 5011.11630Or f8,l0].I17 CCa parcel to be paldbYMeproDertles specially benenfed as shown on the assessmem GGtat on I file with Me DepertmentRUb'lity Servlcesa�thh �lerkto Me Beard.and further Eor.,. ed by the ass¢ssmlede and Inoull djoinin9"'C'nigi9uo orboun" ino and ab OZ. upon the Improvements ors II benefited therebyplat with respect to the s I assessments. .dA sGRial assessment in theamounta158,1076T peI r,elmaybe assessada?NZIIllbhofthespeciallybenefitedproperties designatedonthe assessment plot n file with Me tlerk to the Board ThIs special assessment may De raised or lowered by action of [he Board of County Commissioners serving az the equal'Rino oertl at the public Aearinp, as set (or[h in Secd.n 206.DT of Th<Code of Indian River County. . The e..Id assessments shall be due and devable and may be paid in full within 90 days after Me data Of Meas -built resolution of Me Board with respect to sse sments stuil bear inter<si uMR oWci it a rate to be determined by the Board of County CommH11040M when the ImPlOwYnents are completed. eba,' eb esfm,0mfi" h tc .Ioff tge proposed Improvements. All of Me eaarepope1 to Inspection by the publi-A Me Department f usulty Setvice'. mA proposed preliminary assessment roll with respect to the special assessments is on file with the Clerk to the Board and Department of Utility Services. IlzheEa ileartanenof thithe lndlten Nlverp e°sz of umal before the publicsh alai pause this resolutlon (along withamap showing the areas to be Served) to be gas requlred by Section 30660 of The Code of Indian RNer County. he resolution was moved for adoption by Commissioner Flesher, and Me m,don was seconded by Commissioner O'Bryan• and, upon being our to a vote, the was as follows: Chairman eSolort AYE Vice ChairmaObn lozeph E. Fleschw AYE C°mmissinner Wesley 5. Davis AYE CommIS. oner TIon Zwc AYE Commissioner Peter D. O'Bryan AYE he Chairman Thereupon declared the resolution duly passed and adopted this ISM day of August. 2B16. BOARD OF COUNTY COMMISSIONERS (test Ihfrey R. Smith. Clerk of I NOLAN RIVER COUNTY, FLORIDA C.Ud.d Comptroller Br.. Bob Schon.Chalrman Tmasure Coast N—papers Monday, September 14.2016 SC Legal Notices -Auctions Lien Sale 'Notice Of ForecksOre VIM p 3C3EL6Ga34N407443 should cantad W10fle. Rah- Ofect, except whore irccn- , . O O e ' 2009 CHRYSLER lira. not lacer t"' turn (s) tent Itll Atlndn�strative _ _ ,.y '} WNL i FiRWO6123KD262<3 UaYsyylar to Me proceemngg Ortlor ]010-0a. ._ +.,s_ 2003 FORD at 21d Snuth Second SUeet. Aq person cl:lming an Inter. YlN» 3G CGU29R711241664 Room BI);5. Fort Pierteaf 1, est In the 6urplus from ttrc ACROSS 36 PaEk of AnBwer to Prevtaus Pussle .,. _. ,. .. ,,.... sale. if anv. ether than the ..,__,__ ____ hoodlums DEPARTMENTAL MATTERS INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET DATE: September 26, 2016 TO: Board of County Commissioners ikS FROM: Michael Smykowski, Budget Director SUBJECT: Public -Private Partnership Spreadsheet BACKGROUND On June 7, 2016 the Board of County Commissioners reviewed agenda item 14.E (1) to address the methodology of calculating the cost of proposed County public private partnerships, as well as the cost associated with the County's acquisition of private property. (See attached minutes from agenda item 14.E.1 from the June 7, 2016 County Commission meeting). It was recommended that staff include in future agenda packages, a simple spreadsheet showing the financial implications of various transactions, such as lost tax revenue when private property is purchased by a government entity or various maintenance costs that may be associated with a public/private partnership. The Board unanimously directed staff to create a spreadsheet providing a breakdown of the financial implications of property purchased by the County and/or any type of cost-sharing agreement, along with a non -fiscal analysis of the benefits of the transaction. Attached to this agenda item is a basic spreadsheet addressing both the revenue implications of property acquired by local government, as well as any costs associated with any public private partnership. This spreadsheet is designed to be generic in nature to address the majority of issues associated with property acquisitions/public-private partnerships. However, as Individual transactions may differ, the spreadsheet may be modified as needed to address any unique characteristics of a property transaction. A Word document is also provided to summarize the transaction costs and to address non-financial aspects of the transaction. A sample spreadsheet is also completed for the Oyster Bar Marsh Trail project, with total design and construction costs amounting to $347,000. The Indian River Land Trust (IRL-T) has committed $100,000 toward the cost of this project. This would decrease the net cost of design/construction to $247,000. In addition a FIND grant may be available for 50% of the remaining project costs. Therefore, Indian River County's share of the initial design/construction costs would amount to $123,500. This is the net cost shown at the bottom of year 1(FY2016) in the sample spreadsheet. • 24 DEPARTMENTAL MATTERS Ongoing maintenance costs would be shared among Indian River County, the Indian River Land Trust, and the Mosquito Control District. Maintaining the entrance landscaping is estimated at $2,700 annually. Security and garbage pick-up is estimated at $500 per month, and annual boardwalk maintenance is estimated at $500. Public Works estimated trail mowing at $1,000 per month or $12,000 annually. In summary, maintenance costs are estimated at $21,200 annually. Subsequent year maintenance costs are assumed to increase by a 3% annual inflation factor. FUNDING There is no funding associated with this agenda item. RECOMMENDATION Staff recommends the Board approve the attached spreadsheet template for inclusion in future agenda items involving property acquisitions and/or public-private partnerships. APPROVED A DA ffon BY: Jason . Br n, County Administrator FOR: October 4 2016 ' Attachments: June 7, 2016•Commission Meeting•Miriutes , ' • Blank Public Private Partnership Spreadsheet Template Oyster Bar Marsh Trail Spreadsheet Oyster Bar Marsh Trail Narrative (Word document) Indian River Approved Date Co Admin Legal Budget Department Risk Manager ,, 261 E. Commissioner Tim Zorc 11:42 1. Calculating the Cost of County Projects a.m. (memorandum dated June 1 2016) 140 --- ------------------------------- ------ -- --------------------------------------------------------- Commissioner Zorc discussed the potential costs associated with the County's acquisition of private property, and/or public/private partnerships. He suggested that staff include in future agenda packages, a simple spreadsheet showing the financial implications of various transactions, such as the tax revenue that is lost when private property becomes public, or maintenance costs which could ensue from a public/private partnership. Chairman Solari suggested that staff compile a ten-year pro forma financial statement. Commissioner O'Bryan advocated for intangible values, such as benefits to the community, to be included on the spreadsheet. ON MOTION by Commissioner Zorc, SECONDED by Vice Chairman Flescher, the Board unanimously directed staff to create a spreadsheet providing a breakdown of the financial implications of property purchased by the County and/or any type of cost-sharing agreements; along with a non -fiscal analysis of the benefits of the acquisition. 11:49 2. Disposal of Surplus Property and Other County Assets a.m. (memorandum dated June l' 2016) 141-148 -- -- - -- - -- - - - -- - -- ------------------------------------------------------------ Commissioner Zorc suggested that the County broaden its options for the disposal of real property (surplus) in order to maximize sales prices. He also reported that the Citrus County Ordinance contained several methods for disposing surplus properties. Discussion ensued as individual Commissioners offered suggestions for disposing of surplus properties. Attorney Reingold affirmed that Florida Statute 125.35 permits counties to adopt alternative procedures, other than those in the Statute, for disposing of real property. ON MOTION by Commissioner Zorc, SECONDED by Commissioner O'Bryan, the Board unanimously directed staff to report back to the Board regarding additional means and measures for disposing of declared County surplus property. June 7, 2016 Board of County Commision Minutes Page 13 262 Inflationary Adjustment Public Private Partnership Financial Analysis 3% 3% 3% 3% 3% FY2016 FY2017 FY2018 FY2019 FY2020 FY2021 FY2022 FY2023 FY2024 FY2025 $0.00 Rww,« .;. it•"4� r s�tr :ws .+� . •.,r�,:R,- u•�,-,;• -, ..,:�,. �- w...�,-.-- r evenue:Y t_e �v�i ': '�F '� Jrni . .Year 1S'L Year,2!f,s Tear 3 Year.4, Year5.Year-6' x s 7Tear7.x, .Year 8aYean9t +rYear 10$"S' rl.:10 Year:Tota1 Taxable Assessed Value at Time of Purchase (assumes 3% annual Increase In value). SO $0 $0 $0 SO $0 $0 SO So $0 $0.00 General Fund Millage Rate 3.3602 3.3602 3.3602 3.3602 3.3602 3.3602 3.3602 3.3602 3.3602 3.3602 $0.00 MSTU Fund Millage Rate 1.0733 1.0733 1.0733 1.0733 1.0733 1.0733 1.0733 1.0733 1.0733 1.0733 $0.00 Emergency Services District Millage Rate 2.3010 2.3010 2.30101 2.3010 2.3010 2.30101 2.3010 2.3010 2.30101 2.3010 $0.00 Land Acquisition Bond Millage Rate 0.3143 0.3143 0.3143 0.3143 0.3143 0.3143 0.0000 0.0000 0.0000 0.0000 Bonds retired in FY2021. $0.00 General Fund Tax Revenue Loss/Gain $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 MSTU Fund Tax Revenue Loss/Gain $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Emergency Services District Tax Revenue Loss/Gain $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Land Acquisition Bond Tax Revenue Loss/Gain $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Revenue Loss/Gain Associated with Private Property Deletion/Addition - $0.00 $0.DO $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0.00 $0.00 Other Revenue Loss/Gain $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Revenue Loss/Gain $0.00 _$0.D0 _ $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 .$0.00 $0.00 $0.00 Inflationary Adjustment 3% 3% 3% 3% 3% 3% 3% 3% 3% Ex nses:.4?t4t �-� •`�•kr ,,c1rtm9. 'tl4 �•1� 4Frt Year•1� a yeas 2 $Rt5 . ttppcc��v3�.H�.y gwP+s'f Year. M ` f' Year 41x'' ?.* earSS�`F . :Yea A4 �Veate�7� mG +^ --yi B 0 � 1! ,�y4✓ . Year 9 n_F•�rYeer.lOf a1 a4j }r' lOYear:Ta 'I l Salary $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Overtime $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 SO.00 $0.00 $0.00 Part -Time Salaries $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 SO.00 $0.00 $0.00 $0.00 $0.00 Benefits $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Sub -Total Personnel Expenses $0.00 $0.00 $0.001 $0.00 $0.00 $0.001 $0.00 $0.00 $0.001 $0.00 $0.00 Engineering/Design $0.00 $0.00 $0.001 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Operating Supplies $0.00 $0.00 $0.00 $0.00 S0.00 $0.00 $0.00 $0.00 $0.00 50.00 $0.00 Utilities (i.e., electric, water, sewer) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Maintenance Services 50.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 50.00 $0.00 Contracted Services $0.00 $0.00 $0.00 $0.00 $0.00 S0.00 $0.00 $0.00 $0.00 $0.00 50,00 Other $0.00 $0.00 $0.00 $0.00 $0.00 50.00 $0.00 $0.00 $0.00 $0.00 $0.00 Sub -Total Operating Expenses $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Land $0.00 50:00 $0.00 $0.00 $0.00, 50.00 $0.00 $0.001 $0.00 $0.00 $0.00 vehicles $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Computers $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Other Capital Equipment $0.00 SO.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Sub -Total Capital Outlay $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Estimated Expenses $0.00 $0.00 $0.00 x$0.00 $0.00 _. , $0.00 $0.00 $0.00 $0.00 $0.00 Surplus/(Deficit) $0.00 - .$0.00 $0.00 $0.00 $0.00 50.00 $0,00 $0.00 50.00 , 50.00 „T'-.,'�z",,2.,!!; _ 750.00 N ON - W 0 hu---------- ----------�-------- -1��------ -------------- Oyster Bar Marsh Trail Public Private Partnership Financial Analysis Taxable Assessed Value at Time of Purchase (assumes General Fund Millage Rate 3.3602 3.3602 3.3602 3.3602 3.3602 3.3602 3.3602 3.3602 3.3602 3.3602 MSTU Fund Millage Rate 1.0733 1.0733 1.0733 1.0733 1.0733 1.0733 1.0733 1.0733 1.0733 - -1-.0733 Emergency Services District Millage Rate 2.3010 2.3010 2.30101-- 2.3010 ---2-.3010 --2:30101---2.3010 2.3010 2.30101 2.3010 Land Acquisition Bond Millage- Rate ---0.3149'---- 0.3143 0.3143 0.3143 0.3143 0.3143 0.0000 0.0000 0.0000 0.0000 Bonds retired in FY2021. 00 k hu---------- ----------�-------- -1��------ -------------- 01, Salary & Benefits (Landscaping) Boardwalk Maintenance $0.00 $500.00 $515.00 $530.45 $546.36 $562.75 $579.64 $597.03 $614.94 $633.39 $5,079.55 Sub -Total Operating Expenses $65,300.00 $19,SOO.00, $19,0S5.D0 $19,626.65 $20,215.45. -$20,921.91 hu---------- ----------�-------- -1��------ -------------- Oyster Bar Marsh Trail Public/Private Partnership Narrative Description of Revenue Gain/Loss: N/A. Descrilption of Project Costs: As summarized in the table below, the total design and construction costs associated with the Osprey Marsh Trail project amount to $347,000. Wr"w � r I �ss `ei _ � t y•- ...-.,..a=y-.asr--�...-.'.f, �.. h -, - _-.wrr:.;�. Design, engineering, and Entrance road, parking area, and permitting observation deck. County & IRLT $20,000 Entrance road and parking Immediately west of A1A for 10-15 area vehicles including landscaping. County $50,000 To be opened/closed in conjunction with Entrance Gate Round Island Park. ' County $1,500 Trailhead Kiosk and Picnic Table. County $2,000 Interpretive Signs Along trails and observation deck. County & IRLT $12,000 Directional and informational As needed to ensure safe and enjoyable Signage user experience. County & IRLT $1,200 Lagoon Observation Pavilion Lagoon viewing and fishing. IRLT $45,000 To provide wildlife viewing in interior Northern Boardwalk portion of wetland. County $50,000 Required to bypass Captain Sevastopoulos Southern Boardwalks property. IRLT $100,000 Maritime hammock in vicinity of parking Habitat Restoration area and AIA. County $20,000 Total Construction Estimate $301,700 15% Contingency Added for pre -design flexibility. County & IRLT $45,300 GRAND TOTAL 1 $347,000 The Indian River Land Trust (IRLT) has committed $100,000 toward the cost of this project. This would decrease the net cost of design/construction to $247,000. In addition a FIND grant may be available for 50% of the remaining project costs. Therefore, Indian River County's share of the initial design/construction costs would amount to $123,500. Ongoing maintenance costs would be shared among Indian River County, the Indian River Land Trust, and the Mosquito Control District. Maintenance responsibilities and the responsible agency are summarized in the following table. I 265 Maintenance Responsibility Responsible :Agency Security (open/close gate) Indian River County Garbage and dog station pickup Indian River County Entrance landscape maintenance Indian River County Boardwalk and overlook maintenance. Indian River County Trail mowing Indian River County & Mosquito Control District Dike maintenance Mosquito Control District Exotic Control Mosquito Control District Establish and manage friends/volunteer group Indian River Land Trust Serve as primary contact for users/nearby residents Indian River Land Trust Promote public use of the trail through its website, newsletter, press releases, maps and brochures, etc. Indian River Land Trust Educational Programming Indian River Land Trust Maintain Entrance Landscaping The Parks Division would assume responsibility for maintaining the entrance landscaping. The Parks Superintendent estimates that a 3 man crew would require 3 hours per month to perforin these duties, including travel time. Based on $25 per hour per crew member, this equates to an annual cost of $2,700. Security and Garbage Pick -Up Security to open the entrance gate and pick-up trash would be addressed through the existing contractor that provides these services at the nine (9) existing beach park facilities. Existing contractual costs amount to $5,000 per month. On a per park basis, this amounts to $555.55 per beach park site per month. A worst case scenario to add this additional park site is $500 per month. Other Annual boardwalk maintenance is estimated at $500. Trail Mowing Road and Bridge would provide trail mowing service as a Bush Hog mower would be required. Public Works estimated a cost of $1,000 per month or $12,000 annually. Intangible Benefits Nature trails provide the public with appropriate environmental education and outdoor recreational opportunities. Ecotourism is also an important element of Indian River County's allure as a tourist destination. 266 iJylan Keingoid, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, .Assistant County Attorney County Attorney's Matters - B.C.C. 10 4.16 Of ce of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney 01 DATE: September 21, 2016 ATTORNEY SUBJECT: Request for Closed Attorney -Client Session Relating to Indian River County's Petition for Administrative Hearing Challenging the St. Johns River Water Management District's Notice of Intent to Issue Environmental Resource Permit No. 135214-2 for All Aboard Florida within Segment D08 BACKGROUND. In accordance with Section 286.011(8), Florida Statutes, the County Attorney requests that the Indian River County Board of County Commissioners (the "Board") schedule a closed attorney-client session concerning Indian River County's Petition for Administrative Hearing challenging the St. Johns River Water Management District's Notice of Intent to Issue Environmental Resource Permit No. 135214-2 for All Aboard Florida within Segment D08 to be held on October 18, 2016 in the County Commissioners' Conference Room. Per Florida Statutes, the subject matter of the meeting shall be confined to settlement negotiations and/or strategy sessions related to litigation expenditures. The attendees at the session will be the Board, the County Administrator, the County Attorney, and a certified court reporter. Reasonable public notice will be given of the session. It is estimated that the session will last approximately 90 minutes. RECOMMENDATION. The County Attorney recommends that the Board schedule a closed attorney-client session to occur at 10:30 AM on October 18, 2016. APPROVED FOR OCTOBER 4, 2016 B. C. C. MEETING — ATTORNEYS MATTERS i--VOUNTYATTORNEY F-Wt1armY1 lindaIGEYERALIB CCUgeada.ti, o',A11Ab-rd Florida-S/RIIA4DPermit Sh de Alig Rcga ,cd«r 267 Indian River Co. App ve Date Admin A c1 % Co. A - Budget Z Dept. 267 Dylan Reingold, County attorney William K. DeBraal, Deputy, County Attorney Kate Pingolt Cotner, Assistant County attorney County Attorney's Matters - B.0 C. 10 4.16 Of ce of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: September 28, 2016 ')(2 -- SUBJECT: Right -of -Way Ordinance Amendment BACKGROUND. ATTORNEY 15 6 On August 16, 2016, the Indian River County Board of County Commissioners (the "Board") authorized the County Attorney's Office to review the Indian River County Right -of -Way Ordinance in light of the United States Supreme Court's decision in Reed v. Town of Gilbert. Section 312.06 of the Indian River County Code of Ordinances prohibits begging, peddling, soliciting, or canvassing on any right-of-way other than a sidewalk. The United States Supreme Court in Reed explained that regulation of speech is content based if the regulation applies to particular speech because of the topic discussed or the idea or message expressed. Such regulations are presumptively unconstitutional. Content -neutral regulations on the other hand are subject to a more lenient standard of review. Content neutral time, place and manner regulations will be upheld so long as they are narrowly tailored to serve a substantial government interest and do not unreasonably limit alternative avenues of expression. APPROVED FOR OCTOBER 4, 2016 B. C. C. MEETING — ATTORNEY'S MATTERS COUNTYATTORNEY F,Wrom 1Linda1Gf.YFR4L+BC C1Agenda Ahmos',Rghof-6m1 Ordinance Amendmemdo 268 r r rr r,E r. .I WKWIM AIM ./..� IDiIM 268 Board of County Commissioners September 28, 2016 Page TWo Consistent with the Board's direction. the County Attorney's Office has drafted the attached language to address both the United States Supreme Court's ruling in Reed and the need for protections for drivers, passengers and pedestrians alike. The Indian River County Sheriffs Office has provided data to the County Attorney's Office that demonstrates that an increase in crashes has occurred at several intersections in Indian River County. Distractions, such as exchanges between drivers and pedestrians at intersections, can interfere with or impede the safe flow of traffic at intersections leading to crashes. Thus, an ordinance with the proposed language would be designed to promote the safe and efficient use of the rights -of -ways within Indian River County. The attached proposed language does not address speech, but instead focuses on behavior which can distract drivers. Under the proposed language, people will be prohibited from standing or entering into the right-of-way, other than on a sidewalk, for the purpose of distributing items with the occupant of the vehicle. Under the proposed ordinance, distributing is defined as exchanging of items between any persons within a right-of-way and an occupant of a vehicle at such location that requires an acceptance or rejection of the items being offered for exchange. FUNDING. The only cost associated with this matter is the cost of advertising the notice of public hearing. The cost is estimated to be approximately $150. Funds are available from General Fund/County Attorney/Legal Account No. 00110214-033110. RECOMMENDATION. The County Attorney's Office respectfully requests that the County Attorney's Office be directed to draft an ordinance consistent with the attached proposed language and notice a public hearing concerning the proposed ordinance. ATTACHMENTS Proposed Ordinance Language F Urtm DMWGEAIX4L1B C CAgendaM,.-'JOgh"f--11gv Ordinance Am-dmeadcx 269 WHEREAS, a fundamental purpose of county government is to promote, protect and improve the health, safety and general welfare of the citizens of the county; and WHEREAS, conduct and activities in the public rights-of-way can lead to significant driver distractions, leading to vehicle crashes; and WHEREAS, data from the Indian River County Sheriff's Office demonstrate that an increase in crashes has occurred at several intersections in Indian River County; and WHEREAS, distractions, such as exchanges between drivers and pedestrians at intersections, can interfere with or impede the safe flow of traffic at intersections lead?., -rag to crashes; and WHEREAS, crashes at intersections can threaten the lives of drivers;"passengers and pedestrians within the right-of-way; and WHEREAS, the Indian River County Board of Indian Rive.r``.County findsltf is necessary to amend the Indian River County Code of Ordinances in order to, 6h'bre the protectiorrrof,:the public from activities that interfere with the safe and efficient movementof"traffic; WHEREAS, the Indian County Board of County Commissioners desires, to adopt thistordinance in order to protect drivers, passengers and pedestrians alike and promote.thesafe and efficient usof the rights -of - ways within Indian River County; c:stw;:;wtirs Section 312.02. - Purpose.,{;; :;y:: The purpose of this chap';,'. r is to: (1) Establish a mand'a o:'ry permitfi:it'g procedu4.,,for any work within county right-of-way, land, or easements; °�:;,•��, '`'•1'Yr,11 ,• <::;.:. (2) Estakil tgujl del inehs for the�pfacemebt*a:nd.,locat�io:n of: TTS. .• ys; .•. �4*61 iDriveways, , ti; . _ ::,, t;~ •:•; (c)'�'%xcavation, fill :.,b r stru'etures within county rights-of-way; L,Ly�1. (3) Establi's tandards for traffic control tlevices within county rights-of-way; (4) Establish co.h's�truction specYfcations for work in county rights-of-way, easements, or county land- (5) and (5) Provide for prope;rase,"andiron-obstruction of county rights-of-way and easements; (6) Establish guideliitting for the movement of overweight and over dimensional y ,Ir1 vehicles or structures within county rights-of-way; (7) Prohibit the use of certain streets by trucks exceeding five thousand (5,000) pounds; (8) Establish parking regulations within county rights-of-way; (9) Establish weight regulations on roadways and structures within county rights-of-way; (10)Establish guidelines and permitting to regulate processions, assemblies, parades and hauling routes.,- (11)Establish regulations for the use of the right-of-way in order to protect drivers passengers and pedestrians alike and promote the safe and efficient use of the rights-of-way. 270 Section 312.04. - Definitions. (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) Distributing: exchanging of item(s) between any person(s) within a right-of-way and an occupant of a vehicle at such location that requires an acceptance or rejection of the item(s) being offered for exchange. Driveway: That portion of the right-of-way used for ingress and. egress to the abutting private property from the street. (34) Easement: The legal right granted to a party to cross,,K'UsLi part of the land for public purposes. This may be for utilities, line -of -sight, pole lines, or sceiiicpurposes:; (45) Encroachment: Any object of use occupying:any portion of a publitright-of-way which is not allowed by this chapter or is not allowed by reason of a permit having bee.n;,granted by the county. VIM& Y por (�6) ublic wrector or,�l Public works director: The county authorized representative. ( ) g Y' OVftntrolled by fi`&$.cour ty over which the public has a right of g7 Right -of -Way: .The land owned:: ' r passage, including the streets, sideW. i:`sftikeways, and driv'e.ways constructed thereon. (�8) Sidewalk: A walkway intended prlmarJ1y frians oiio.ne (1) or both sides of a public street. 1 til,., `h• 'fN.'y, ��•.i .�,� '-Sr4 ••1:;�. •til':::4, (89) Street: The ar-eak=of the pub..ic aright-of-way�w�tiyc4is mte"n'd`'e°dyfor normal vehicular traffic including paved or unpaved road'w:a,'ys but notincudmg services entrances or driveways leading from the roadways onto*ad oining grope y. (310),Uti).ities:d�recfo.r: Theiii3iti�s dire torpor:,his re•pr..esentative. ;,;;i.•: i t n{ {fir }, (191_1:);;For words that' -k: not definerJ,in this section, the following sources shall govern in this order (a) FlociatStatutes and NO,dian Riv��County Code. Section 312.06:•.x,3•srohibited activity; 1. Except as prod idgd in sect ibW312.05, it shall be unlawful and subject to penalties provided herein for anyperson, corporator utility company, public or private to: (a) Construct, a'It4e" $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. 271 (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; ca�b`I;evision, or other utilities along county rights-of-way, easements, or county land w,'tl qut` - aining an authorized license as described in Chapter 125.42, Florid a Statutes. (g) Install any unauthorized sign, utilitji%; hrub, obstruction or`strocture within four (4) feet of the curb line or fourteen 14 fed -*::. m ed a of uncurbed •°augment or if those limitations cannot be met then the installation sha kbe as far from tii.e edge of the pavement as possible but shall be with in�t e�rigl t of -way. See FigurR ,section 312.19. h Install fixed objects or veget roadways such that sight'di' Standards for Design, Consti edition by:tte F.lgrida Depar sight distance requir:;ements conditiora:5:•. >.... (i) Use certai empty weii=_ht." tibn.which obs**W,,ts.vision at the intersection of public eve ari'ee lsi:less than prescribed by the Manual on Uniform action 66d�Mai.ntenance� or Streets and Highways, latest #Ot of Trapspo dation. Tlie county has the right to enforce vh'ere>.exist ng con iiio•ns are causing a hazardous uctures`fot:the through movement of vehicles exceeding uch rd"-*' ays are signed "no trucks over 5,000 Ib. (j).y Install any water well orseptic system within the county right-of-way without license ti,,thd pursuant tii Resolution9;0,,•75. (k) Pe'rf6.rm work in anr;county right-of-way without proper traffic control. (I) Leave 'ah. ;trash,yjunk'or debris within the right-of-way, other than that placed for regular garbagep,i,ek 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) Stand in or enter upon any right-of-way as defined in section 312.04(6) other than a sidewalk as defined in section 312.04(7) for the purpose of distributing item(s) with occupant(s) of a vehicle. 272 October 4, 2016 ITEM 14.13.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: September 27, 2016 SUBJECT: Fracking FROM: Peter O'Bryan Commissioner, District 4 On July 7, 2015 the Board voted 2-3 to deny a proposed Resolution seeking a complete ban on fracking. Subsequently the Board sent a letter to DEP (attached) asking among other items that; "the Legislature direct the appropriate agency to develop a clear and meaningful set of best management practices for fracking in Florida". During the 2016 Legislative session, legislation was proposed which included a pre-emption of local government control over fracking. Ultimately, the Legislature failed to pass any bills dealing with fracking, leaving the issue basically unregulated. It is anticipated that fracking will come up again during the 2017 Legislative session. Beginning in May 2016, DEP began revising its limits on toxic chemicals that can be released into surface waters in the State of Florida, as required by the Clean Water Act but hasn't been done since the 1990's. DEP determined that it was necessary to both update its limits on the 43 toxic chemicals it currently regulates, and adopt new standards for an additional 39 chemicals. Unfortunately, DEP proposed to increase the thresholds for some of the 43 chemicals it currently regulates. One of these chemicals, Benzene, a known carcinogen used in the fracking industry, would have discharge limits increase nearly 80%. For Class I waters (potable water) there are 82 chemicals that will be regulated, and 42 of those chemicals are carcinogens. Of these 42 carcinogens, 38 will have a proposed limit higher than the EPA, only 1 will have a proposed limit lower than EPA, and 3 are not regulated by EPA (see attached chart). Florida currently has existing standards on 26 of the 42 carcinogens. Of these 26 carcinogens, 16 will have an increase under the proposed limits, and 10 will have a decrease. All 26 will still exceed EPA limits. For Class III waters (fish consumption, recreation), the numbers are equally dismal. 273 On July 26, 2016, in Tallahassee, the Florida Environmental Regulation Commission (ERC) considered the new, proposed standards. Despite strong public opposition to the standards, the ERC, whose members are appointed by Gov. Rick Scott, approved the new limits by a 3-2 vote. Two seats on the ERC designated for representation by a member of local government and a member of the environmental community had been vacant for months by the time the proposed limits went to the ERC. Subsequently, four separate legal challenges were filed against DEP in the State Division of Administrative Hearings seeking to overturn the vote of the ERC. The challenges were rejected by the Administrative Law Judge due to a deadline technicality. The City of Miami has since filed an appeal. Given the increase in the limits of allowable discharges of toxic chemicals into Florida's water, some of which are used in the fracking industry, it seems this Board needs to take additional steps to ensure the quality of our drinking water and the safety of our citizens. Per Community Development staff, fracking would fall under our mining regulations. Any fracking project would only be required to have site plan approval at Planning and Zoning. In addition, numerous counties and municipalities have passed resolutions calling for the banning of fracking in Florida. Therefore I am requesting the Board take action on the following two items: 1) The Board pass a Resolution calling for the banning of fracking, hydraulic fracking, hydraulic fracturing, and any other related process in the State of Florida, with copies sent to the Governor, Senate President, House Speaker, our Legislative delegation, and any other appropriate party that the Board desires. 2) The Board direct staff to develop and bring back to the Board either Land Development Regulations (LDR's) or an ordinance (samples provided) that would in effect prohibit the process of fracking, hydraulic fracking, hydraulic fracturing, and any other related process in Indian River County. Due to a lack of technical expertise in this field by staff, my preference would be the ordinance. 274 BOARD OF COUNTY COMMISSIONERS �vER Weslcl/ S. llrlvis 1P G Chair all Z District 1 Bob Solari Tice Chairman OR19�' District Jilly 2l-2015 .1ollatllilll 1' Stcm-soll Seei-cull-v Florida l)cpartnlent o1' I'llvil-ollmellial III-ole.clion 3900 Colllnumwealth Boulevard Tallahassee. Florida 32399 Rc. Frackule in Florida Dear NMI- Ste\ crsoll TIM %ore District 3 Peter D. O'Bryan District 4 Joseph E. Flescher District 2 A" •h:urnrtn of* the 111c11ail River County Board of County ('«nlnlasstoners. I and to c\prc�s the Board's concern with hydraulic fracturing or }rackino In Florlda A w'roup cal' concerned citizens rccerilly appeared before the Board and asked for a resolution seekiilY, it complete bias on Cracking in the State of Florida. While the Board did not support tills redueSt It share~ the concern ol'these citizens Nvith Florida's water. which almost everyone Iorecs is one o1'the State's most valuable resourceszn l;lven tills. ora Board requests that those who arc resp0nsib1C file hych•aulic 1racturmm-) or Cracking do all IIIc\' can to cnSurc that Irackuag is safc and that all prccaulions arc tal.cn to insure that Flonda's waler is not in ani way contaminated. Additionall ;- we specifically request that: ,env re,.lulations coliccrnirr,, li-achnls' include rules which require the 11111 disclosure of un) 'slid all ciwlllicalS Iltlltxed in the Ii'aICI 112 process and that Such disclosure be I11a(IC redltd) lLcessible to all ;:;:111bcrs of 1110 public. prior to then us0 Ill 1-101'1da AIn\I-CUI11ill1011S L011C111111L 11ilcklll�� pl't;il'l;!1 file' llti� r; �'. �,tl" fl'ulll 1'1(11'1(1,1 ti ilquilcrs in the fi:Ickin` proe0tis: and i. I'rlor to am liuchin,�. the l larlc.la 1.c�iislaU,trc 'Jlrcc:l the apprupn,uc il,0nc\ to dcvc1oll ; cJc:lr and nleanul14ful "Cl 01' best for 1rackin', in Honda 1301 2711 Street, Bulldr,'lc; 4 Vero Beach, FL 32960 (772) 226.1490 275 Jonathan 1' Steverson July 21, 2015 Page 2 While the Board clearly understands the need for energy resources_ NVC all iinderstand the need A)Y a 10,19 -term supply of dualitl\ drinking water and that all of us responsible for this resource must do all we can to protect it. Thank you very much for your help with this mailer Sincerely. Wesley S. Davis Chairman 276 r N Chemical Name CASRN Effect Class 1 Criteria EPA Methodolo8y' FDEP Methodology Chm II Criteria Percent Increase Using FDEP M Clan lu Criteria EPA Methodology/' FOEP Metiadolo8y' Class lu Crkeria Percent Increase using FDEP Mothodolm 1,1,1-Trkhkxoethane 71556 Non -C 10000 12000 20.0 100000 190000 90.0 1,1,2,2 -Tetrachloroethane 79345 C 0.2 0.35 7S.0 2 5.9 195.0 1,1,2 -Trichloroethane 79005 C 0.54 1.2 122.2 7 20 185.7 1,1-Dichloroethylene 75354 Non -C 300 300 0.0 10000 16000 60.0 1,2,4-Trkhlorobenzene 120821 C 0.055 0.14 154.5 0.058 0.15 158.6 1,2 -Dichlorobenzene 95501 Non{ 1000 1400 40.0 3000 3900 30.0 1,2-Dkhloroethane 107062 C 9.9 22 122.2 510 1200 135.3 1,2-Dichloropropane 78875 C 0.89 2 124.7 24 63 162.5 1,2-Diphenythydrazine 122667 C 0.03 0.077 156.7 0.2 0.48 140.0 1,3-Ok dorobenzene 541731 Non -C 6 8.3 38.3 10 18 80.0 1,3-Dichloropropene 542756 C 0.27 0.59 118.5 9.3 23 147.3 1,4 -Dichlorobenzene 106467 Non -C 300 340 13.3 700 1100 57.1 2,4,6-Trkhtomphend 88062 C 1.3 3.3 153.8 2.2 6.6 200.0 2,4-Dkhlorophend 120832 Non -C 10 16 60.0 SO 65 30.0 2,4 -Dimethylphenol 105679 Non{ 100 120 20.0 2000 2800 40.0 2,4-Dinitrophend 51285 Non -C 10 12 20.0 300 330 10.0 2,4-DlnRrotduene 121142 C 0.048 0.11 129.2 1.3 3.5 169.2 2-Mloronaphthaiene 91587 Non -C 700 960 37.1 1000 1400 40.0 2 -Chlorophenol 95578 Non -C 30 30 0.0 600 860 43.3 2-Methyl-4,6-Dinitrophend 534521 Non{ 2 1.8 -10.0 20 29 45.0 3,3'-Dkhlorobenzidine 91941 C 0.045 0.11 144.4 0.12 0.34 183.3 3-Methyl-4-Chkxophend 59507 Non{ 500 S40 8.0 2000 2700 35.0 Acenaphthene 83329 Non -C 1 60 110 83.3 70 130 85.7 Acrolein 107028 Non{ 3 3 0.0 300 300 0.0 Acrylonttriie 107131 C 0.061 0.13 113.1 5.5 11 100.0 Aldrin 309002 C 0.00000064 0.0000038 493.8 0.00000064 0.0000038 493.8 Anthracene 120127 Non{ 300 460 53.3 300 540 80.0 Antimony 7440360 Non -C 2.7 2.4 -11.1 227 240 5.7 Benzene 71432 Non -CSC 1.1 2.0 81.8 30 53 76.7 Benzidine 92875 C 0.00014 0.00031 121A 0.0083 0.020 141.0 Senzo(a)anthracene 56553 C 0.001 0.012 1100.0 0.001 0.014 1300.0 Benzo(a)pyrene 50328 C 0.0001 0.0012 1100.0 0.0001 0.0014 1300.0 Senio(b) luoranthene 205992 C 0.001 0.0120 1100.0 0.001 0.014 1300.0 Benzo(k)fluoranthene 207089 C 0.01 0.12 1100.0 0.01 0.14 1300.0 Beryllium 7440417 Non -C 14 11 -21.4 60 64 6.7 beta -Hexachlorocyclohexane (HCH) 319857 C 0.007 0.018 157.1 0.011 0.033 200.0 8is(2-Chkxo-i-Methylethyl) Ether 108601 Non{ 200 2401 20.0 3000 4000 33.3 Bis(2-Chloroethyi) Ether 111444 IC 0.03 0.066 120.0 1.7 4.1 141.2 Bis(2-Ethylhexyl) Phthatate 117817 IC 1 0.26 1.5 91 0.3 2.1 600.0 00 t - e4 Chemical Name CASRN Effect Class I Criteria l EPA Methodology' FDEP Methodology' Class I Criteria Percent Increase Using FDEP Mothodohm Class Ili Criteria EPA MethodoloBY' FDEP MethodoloW Clue 111 Criteria Percent Increase Using FDEP Methodobxv Bromoform 75252 C 6.9 15 117.4 93 260 179.6 Butylbenzyl Phthalate 85687 C 0.081 0.29 258.0 0.082 0.29 253.7 Carbon Tetrachloride 56235 C 0.4 0.95 137.5 4 10 150.0 Chlordane 57749 C 0.00026 0.0010 284.6 0.00026 0.0010 284.6 Chlorobenzene 108907 Non -C 100 110 10.0 700 970 38.6 Chlorodlbromomethane 124481 ' C 0.79 1.8 127.8 16 44 175.0 Chloroform 67663 Non -C 60 60 0.0 2000 2300 15.0 Chlorophenoxy Herbidde.(2,4,5-TP) [SIHex) 93721 Non -C 100 160 60.0 300 570 90.0 Chlorophenoxy Herbicide (2,40) 94757 Non -C 1200 1200 0.0 9500 13000 36.8 Chrysene 218019 C 0.1 1.2 1100.0 0.1 1.4 1300.0 Cyanide 57125 Non -C 4 3.7 -7.5 see a uatic life criteria below Dibenzo(a,h)anthracene 53703 C 0.0001 0.0012 1100.0 0.0001 0.0014 1300.0 Dichlorobromomethane 75274 C 0.94 2.1 123.4 21 57 171.4 Dieldrin 60571 C 0.000D01 0.0000054 440.0 0.000001 0.0000054 440.0 Diethyl Phthalate 84662 Non -C 500 770 S4.0 500 840 68.0 Dimethyl Phthalate 131113 Non -C 1000 2400 140.0 1000 2400 140:0 D -n -Butyl Phthalate 84742 Non -C 20 35 75.0 20 36 80.0 Ethylbenzene 100414 Non -C 60 80 33.3 100 140 40.0 Fluoranthene 206440 Non -C 10 18 80.0 201 19 -5.0 Fluorene 86737 Non{ 50 77 54.0 60 94 56.7 Heptachlor 76448 C 0.0000049 0.000025 410.2 0.0000049 0.000025 410.2 Heptachlor Epoxide 102457.3 C 0.000026 0.00010 276.9 0.000026 0.000099 280.8 Hexachlorobutadiene 87683 C 0.007 0.018 157.1 0.007 0.018 157.1 Hexachlorocyclopentadiene 77474 Non{ 3 4.7 56.7 3 5 66.7 Hexachloroethane 67721 C 0.09 0.24 166.7 0.1 0.27 170.0 Indeno(1,2,3-cd)pyrene 193395 C 0.001 0.012 1100.0 0.001 0.014 1300.0 Isophorone 78591 C 34 76 123.5 1500 3600 140.0 Methoxychlor 72435 Non{ 0.01 0.023 130.0 0.01 0.023 130.0 Methyl Bromide 74839 Non -C 100 120 20.0 9000 10000 11.1 Methylene Chloride 75092 C 20 36 80.0 1000 2300 130.0 Nitrobenzene 98953 Non -C 10 12 20.0 400 570 42.5 p,p'- Dichlorodiphenyltrichloroethane (DDT) 50293 C 0.000025 0.00015 500.0 0.000025 1.50E-04 500.0 Pentachlorobenzene 608935 Non -C 0.09 0.14 55.6 0.09 0.15 66.7 Pentachlorophenol 87865 C 0.02 0.067 235.0 0.03 0.11 266.7 PotychkMnated Biphenyls (PCBs) X C 0.000045 0.000098 117.8 0.000045 0.000098 117.8 Pyrene 129000 Non -C 20 43 115.0 20 49 145.0 Tetrachloroethylene (Perchtoroethylene) 127184 C 9AI 231 144.71 23 66 187.0 Toluene 108883 1156605 Non -C 1 561 561 0.01 410 610 48.8 trans-1,2-Okhioroethykne (DCE) Non -C 1001 1201 20.01 3000 3900 30.0 — CASRN Effect Claes I Ctftetle Class I Criteria class In Criteria Clue In criteria Percent Innnxease 108952 Percent Increase Chemical Name CASRN 'Effect 300 300 Cyanide EPA Methodology' FDEP Methodology' Using FDEP EPA Methodology' FDEP MetAodology' Using FDEP 5.2F/1.OM 5.2F/S.OM Toxaphene Methodolow C• Methodo Trkhloroethylene (TCE) 79016 C 0.6 1.3 116.7 5 15 200.0 vinyl Chloride 175014 C 0.022 0.0481 118.21 1.3 31 130.8 Chemical CASRN Effect Class I Criteria (pa/L1 EPA FDEP Class In criteria (RA) EPA FDEP Phenol 108952 Non{'• 300 300 300 300 Cyanide 57125 Non -CO see human health criteria above 5.2F/1.OM 5.2F/S.OM Toxaphene 8001352 C• 0.00020 0.00020 0.00020 0.00020 alpha-Endosulfan 959988 Non{* 0.056 0.056 0.056 F/0.0087 M 0.056 F/0.0087 M beta-Endosulfan 33213659 Non -t' 0.056 0.056 0.056 F/0.0087 M 0.056 F/O.0087 M Endosulfan Sulfate 1031078 Non{' 0.056 0.056 F/O.0087 M Endrin 72208 Non{* 0.036 0.00231 0.036 F/0.0023 M 0.0023 gamma- Hexachlorocyclohexane (HCH) SU99 Non -C• 0.95 0.95 F/0.16 M Selenium 7782492 Non -CO 5 71 M 5 F/71 M ' The "EPA Methodology" is the deterministic methodology used by EPA in developing Its National Recommended Water Quality Criteria (July 2015) adjusted for Florida fish consumptoion rates at the 90th percentile In Trophic levels TL2, TL3, and TL4 in the Atlantic, Gulf of Mexico, and Inland South Regions (see Technical Support Document (FDEP, June 2016) at Table 3-1) apportioned by regional population percentages (44.8%, 31.6%, and 23.6%, respectively) (see Technical Support Document (FDEP, June 2016) at 14). Criteria for Antimony, Beryllium, and Polychlorinated Biphenyls were calculated without using Trophic Levels. = The "FDEP Methodology" is the probabilistic methodology used by FOEP In developing its proposed water quality criteria described In detail in Technical Support Document (FDEP, June 2016). This methodology relies on statistical distributions for fish consumption, drinking water Intake, and body weight. 'Florida criteria set to protect more senstive aquatic life uses. •• Florida criteria set to protea more senstive organoleptic uses. F=Class III Freswater Criterion M=Gass III Marine and Class II criterion ORDINANCE NO. 2016- 224 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MADISON COUNTY, FLORIDA, AMENDING THE MADISON COUNTY LAND DEVELOPMENT CODE TO PROHIBIT HIGH INTENSITY PETROLEUM OPERATIONS, INCLUDING ALL OIL AND GAS WELL STIMULATION TREATMENTS (INCLUDING, WITHOUT LIMITATION, HYDRAULIC FRACTURING TREATMENTS AND ACID WELL STIMULATION TREATMENTS) AND FURTHER INCLUDING ALL OIL AND GAS WELL SECONDARY AND ENHANCED RECOVERY OPERATIONS (INCLUDING; WITHOUT LIMITATION, WATERFLOOD INJECTION, STEAMFLOOD INJECTION, AND CYCLIC STEAM INJECTION); PROHIBITING THE STORAGE AND/OR DISPOSAL OF HIGH INTENSITY PETROLEUM OPERATIONS WASTE; PROVIDING CERTAIN FINDINGS; AMENDING THE DEFINITIONS SECTION OF THE MADISON COUNTY LAND DEVELOPMENT CODE TO DEFINE CERTAIN TERMS WITH REGARD THERETO; CREATING SECTION 6.5 OF THE MADISON COUNTY LAND DEVELOPMENT CODE ENTITLED "REGULATIONS GOVERNING HIGH INTENSITY PETROLEUM OPERATIONS AND HIGH INTENSITY PETROLEUM OPERATIONS WASTE PRODUCTS"; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Madison County.(hereinafter the "County") is a non -charter county as that term is used in Article VIII, Section 1(f), Florida Constitution; and, WHEREAS, the County is given its home rule powers by the Florida Constitution, Section 125.01, Florida Statutes, and other provisions of Florida Law; and, WHEREAS, the Board of County Commissioners of the County, (hereinafter the "Board") is the governing body of the County; and, WHEREAS, the Board takes great pride in supporting the highest quality of life among County residents; and, WHEREAS, the topographic, geological, and hydrological properties of the County are extremely unique and sensitive, particularly with regard to the many karst features and wetlands found throughout the County; and, WHEREAS, high intensity petroleum operations often involve the storage, use, and disposal of chemicals, some of which are listed as Immediately. Dangerous to Life or Health by the Center for Disease Control, others of which the chemical composition is unknown due to their classification as trade secrets; and, -1- 280 WHEREAS, leaks and spills of such chemicals as well as releases of toxic and dangerous gases, particulates, and other substances have been reported .in several states at sites engaged in high intensity petroleum operations; and, WHEREAS, aggravated earthquake activity has been reported in several locations near sites engaged in high intensity petroleum operations; and, WHEREAS, specialized emergency equipment and training is needed to respond locally to emergencies involving oil and gaswells engaged in high intensity petroleum operations; and, WHEREAS, there is .limited dotal emergency response training and equipment available to respond to an emergency situation involving a high intensity petroleum operation, should one occur within the County; and, WHEREAS, in the absence of comprehensive Florida and County-specific peer reviewed scientific studies demonstrating the safety and efficacy of high intensity petroleumoperations, including hydraulic fracturing and.acidization, the Board opposes the use of such high intensity petroleum operations within the County given the potentially irreversible threat they pose to the County's economy and environment, as well as the health, safety, and welfare of the citizens of the County; and, WHEREAS, to protect the health, safety, and welfare of the citizens of the County, the Board desires to amend the Madison County Land Development. Code to prohibit high intensity petroleum operations and the storage and disposal of high intensity petroleum operations waste products in the County; and, WHEREAS, the .Board has complied with all requirements imposed by Florida law for the enactment of this ordinance. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MADISON COUNTY: I . The above recitals are hereby incorporated into this ordinance as if restated herein and constitute the legislative findings and intent of the Board. 2. Section 2.4 of the Madison County Land Development Code, entitled "Definition of Terms", is hereby amended to add the following .terms and definitions: 2.1 Acid Well Stimulation Treatment means a Well Stimulation Treatment that uses, in whole or in part, the application of one or more acids to the well or underground geologic formation with the intent of enhancing the production of oil or gas from the well. The Acid Well Stimulation Treatment may be at any applied pressure and may be used in combination with Hydraulic Fracturing Treatments or -2- 281 other Well Stimulation Treatments. Acid Well Stimulation Treatments include, but are not limited to, acid matrix stimulation treatments and acid fracturing treatments. 2.2 High Intensity Petroleum Operation means any or all of the following, as defined in this section: (1) Well Stimulation Treatments and (2) Secondary and Enhanced Recovery Operation. 2.3 High Intensity Petroleum Operation Waste Product means water, hydraulic fracturing fluid, acid, natural :gas, steam, air, carbon dioxide, nitrogen and other chemical substances (including all solutions and Mixtures of the same in any concentration) which have been used for a High Intensity Petroleum Operation or some part thereof The term High Intensity Petroleum Operation Waste Product also includes the particulates and other materials (4irt, sand, ;gravel, petroleum, etc.) that mix with or dissolve in the above chemicalsubstances while they are being used for a High Intensity Petroleum Operation. 2.4 Hydraulic Fracturing Treatment means a Well Stimulation Treatment that, in whole or in part, includes the pressurized injection of hydraulic fracturing fluid or fluids into, an underground geologic formation in order to fracture or with the intent to fracture the formation,, thereby causing or enhancing the production of oil or gas from a well. 2.5 Secondary and Enhanced Recovery Operation means any operation where the flow of hydrocarbons in an oil or gas well is aided or induced with the use of injected. substances including but are not limited to, the .introduction or injection of water and natural gas, steam, air, carbon dioxide, nitrogen, chemical substances and any other substance of combination thereof. Examples include waterflood injection, steamflood injection, and cyclic steam injection. 2.6 Well Stimulation Treatment means any treatment of an oil or gas well designed to enhance hydrocarbon production or recovery by fracturing, heating, dissolving, or otherwise increasing the permeability of the geologic formation. Well Stimulation Treatments include, but are not limited to, Hydraulic Fracturing Treatments and Acid Well Stimulation Treatments. The term Well Stimulation Treatment does not include routine well cleaning that does not affect the integrity of the well or - geologic formation. (The above terms shall be placed in Section 2.4 of the Madison County Land Development Code alphabetically.) Section 6.5, of the Madison County Land Development Code, entitled "Regulations Governing High Intensity Petroleum Operations and High Intensity Petroleum Operations -3- 282 Waste Products." is hereby created to read as follows: Section 6,5 Regulations Governing High Intensity Petroleum Operations and High Intensity Petroleum Operations Waste Products, A. Notwithstanding anything else in this Land Development Code to the contrary and regardless of whether any special exception, site plan, subdivision plan, or other development approval is requested from the County or any other regulatory_ agency or body, High Intensity Petroleum Operations shall not be an allowable use in any land use district and shall be otherwise prohibited over, under, on, within, and through all of the land governed by this Land Development Code. This prohibition shall apply regardless of whether the surface access point for.any such High Intensity Petroleum Operation is located on land,governed by this•Land Development Code. B. Notwithstanding anything else in this Land Development Code to the contrary and regardless of whether any special exception, site pian, subdivision plan, or other development approval is requested fiom the Coun.ty or any other regulatory agency or body; the storage and/or disposal of High Intensity Petroleum Operation Waste Products shall not be an allowable use in any land use district and shall be otherwise prohibited over, under, on, within, and through all of the land governed by this Land Development Code. This prohibition shall apply regardless of whether the High Intensity Petroleum Operation which generated the High Intensity Petroleum Operation Waste Products is located on land governed by this Land Development Code. Further, this prohibition shall. apply regardless of whether the surface access point for any such storage or disposal operations is located on land governed by this Land Development Code. 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. It is declared to be the intent of the Board that if any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and J ndependent provision, and such holdings shall not affect the validity of the remaining portions hereof. 6. This ordinance shall become .effective as provided by law. (The remainder of this page was intentionally .left blank.) A- 283 ORDAINED upon due motion, second, after discussion, by majority vote this ori �� day of Ll.{ i.. . , 20/4. BOARD OF COUNTY COMMISSIONERS MADISON COUNTY, FLORIDA BY: :i o—�� Rick Davis Chair ATTEST:i�s, Tim Clerk "pF V RCUj"-//,/ Ws 284 I ORDINANCE 2016-07 2 3 AN EMERGENCY ORDINANCE OF THE COUNTY 4 COUNCIL OF VOLUSIA COUNTY, FLORIDA, 5 AMENDING THE CODE OF ORDINANCES OF THE 6 COUNTY OF VOLUSIA, CHAPTER 50 7 ENVIRONMENT, ARTICLE II POLLUTION 8 CONTROL, BY CREATING SECTION 5042 HIGH - 9 PRESSURE WELL STIMULATION PROHIBITED; 10 PROHIBITING HIGH-PRESSURE WELL 11 STIMULATION FOR PURPOSES OF EXTRACTION 12 ("FRACKING"); AUTHORIZING INCLUSION IN 13 CODE; PROVIDING FOR SEVERABILITY; 14 PROVIDING FOR CONFLICTING ORDINANCES; 15 AND PROVIDING FOR AN EFFECTIVE DATE. 16 17 18 WHEREAS, clean water is fundamental to the health of Florida's environment 19 and economy; and 20 WHEREAS, public and private water utilities across Volusia County relay 21 entirely upon groundwater sources, including the unconfined surficial aquifer and the 22 confined Floridan aquifer system, for potable water supplies; and 23 WHEREAS, high-pressure well stimulation, such as hydraulic fracturing, acid 24 fracturing, and cyclic steam injection (also known as "fracking") is the process of 25 pumping a complex mix of fluids and chemicals, including large volumes of water, under 26 very high pressure into or below the surface of the ground to create fractures or weakness 27 in oil- or gas -bearing geologic formations, for the purpose of producing or recovering oil 28 or gas or to otherwise facilitate the mobility of oil and gas for extraction; and 29 WHEREAS, many of the chemical constituents injected during fracturing have 30 documented adverse effects on human health and the environment; and 31 WHEREAS, there have been more than one thousand (1,000) documented cases 32 of water contamination near high-pressure well stimulation sites in the United States; and Page 1 of 4 Ordinance 2016-07 285 I WHEREAS, the oil and gas industry is not required by federal or state law to 2 publicly disclose chemical formulas of well stimulation and fracturing fluids; and 3 WHEREAS, the use of high-pressure well stimulation fracturing mixes may 4 expose groundwater, adjacent land, and surface waters to the risk of contamination 5 through open pit storage, truck transport on roadways, and activities during well 6 development; and 7 WHEREAS, much of Florida's water supply comes from aquifers in highly - 8 permeable limestone formations which are vulnerable to contamination from hydraulic 9 rock -fracturing activities designed to extract hydrocarbons; and 10 WHEREAS, as currently constituted, Florida's oil and gas regulations, 11 Chapter 377, Florida Statutes, and Rules 62C-25 and 62C-30, Florida Administrative 12 Code, make no reference to high-pressure well stimulation techniques; and 13 WHEREAS, the Florida Legislature is currently reviewing two (2) bills to address 14 high-pressure well stimulation by removing all authority from counties, municipalities, 15 and any other political subdivisions of the state to prohibit high-pressure well stimulation 16 within their jurisdictions; and 17 WHEREAS, high-pressure well stimulation poses potential risks for 18 contaminating the Floridan Aquifer, the source of drinking water for nearly ten million 19 (10,000,000) Floridians and an essential water supply in Volusia County; and 20 WHEREAS, Florida's water supplies and resources are better protected through 21 the prevention of contamination and environmental degradation, rather than the cleanup 22 of contamination and restoration of degraded environments after the fact; and Page 2 of 4 Ordinance 2016-07 �I 2$6 i i i I WHEREAS, under the authority granted by Chapter 125.66, Florida Statutes, the 2 county council finds that an emergency exists and that the immediate enactment of this 3 ordinance is necessary. 4 BE IT ORDAINED BY THE COUNTY COUNCIL OF VOLUSIA COUNTY, 5 FLORIDA, AS FOLLOWS: 6 7 (Words in sttflfe-tkre*gh type are deletions; words in underscore type are 8 additions.) 9 10 SECTION I: Chapter 50, article II, section 50-42, of the Code of Ordinances, 11 County of Volusia is amended to read as follows: 12 50-42. High=Pressure Well Stimulation Prohibited 13 No person or entity may engage in anoil or gas exploration or production that 14 utilizes ..high-pressure. well stimulation.,As used in this section the term "well 15 stimulation" shall mean a well intervention ex loration o eration or maintenance 16 procedure performed by iniecting any fluid into a rock formation in order to increase 17 production at .an oil or gas well by improving the flow of hydrocarbons from the 18 formation into the wellbore. Well stimulation does not include routine well -cleanine that 19 does not affect the integrity of the well or the formation The use of such well 20 stimulation methods iLRKRrgady declared to be a nuisance and to cause pollution within 21 the meaning. of said term as defined in section 50 32 and to be an illicit discharge 22 pursuant to section 50=505 23 SECTION II: AUTHORIZING INCLUSION IN CODE - The provisions of this 24 ordinance shall be included and incorporated into the Code of Ordinances of the County 25 of Volusia, as additions or amendments thereto, and shall be appropriately renumbered to 26 conform to the uniform numbering system of the code. Page 3 of 4 Ordinance 2016-07 287 I SECTION III: SEVERABILITY - Should any word, phrase, sentence, 2 subsection or section be held by a court of competent jurisdiction to be illegal, void, 3 unenforceable, or unconstitutional., then that word, phrase, sentence, subsection or section 4 so held shall be severed from this ordinance and all other words, phrases, sentences, 5 subsections, or sections shall remain in full force and effect. 6 SECTION IV: CONFLICTING ORDINANCES - All ordinances, or parts 7 thereof, in conflict herewith are, to the extent of such conflict, repealed. 8 SECTION V: VOTING — This ordinance was adopted by a four-fifths (4/5th) 9 vote of the Volusia County Council pursuant to Section 125.66(3) Florida Statutes. 10 SECTION VI: EFFECTIVE DATE — This emergency ordinance shall be 11 transmitted by the County Manager by e-mail to the Department of State upon adoption. 12 It shall be deemed to be filed and shall take effect when a copy has been accepted and 13 confirmed by the Department of State by e-mail. 14 ADOPTED BY THE COUNTY COUNCIL OF VOLUSIA COUNTY, 15 FLORIDA, IN OPEN MEETING DULY ASSEMBLED IN THE COUNTY COUNCIL 16 CHAMBERS AT THE THOMAS C. KELLY ADMINISTRATION CENTER, 123 17 WEST INDIANA AVENUE, DELAND, FLORIDA, THIS 18th DAY OF FEBRUARY, 18 A.D., 2016. 19 20 COUNTY COUN 21 ATT COUNTY O SIA, FLORIDA 22 } j 23 2 26 es i een,`, tit' Maipger is, County Chair 1 r �. • A j Z- e:�tU•• — Page 4 of 4 Ordinance 2016-07 2f8 19 ORDINANCE NO. 2016-04 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, PROHIBITING ANY OIL AND GAS EXPLORATION THAT USES WELL STIMULATION WITHIN THE BOUNDARIES OF BREVARD COUNTY, FLORIDA; CREATING CHAPTER 46, ARTICLE IX. OIL AND GAS WELL STIMULATION PROHIBITED; CREATING SEC. 46-375 PURPOSE AND SCOPE; CREATING SEC. 46-376 DEFINITIONS; CREATING SEC. 46-377 WELL STIMULATION PROHIBITED; CREATING SEC, 46=378 ENFORCEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR RESOLUTION OF CONFLICTING PROVISIONS; PROVIDING FOR AREA ENCOMPASSED; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board seeks to protect the water resources of Brevard County from potential contamination by carcinogenic chemicals; and WHEREAS, oil and gas well stimulation, including hydraulic fracturing, acidizing and acid fracturing, is performed by injecting fluid into a rock formation in order to increase production at an oil or gas well; and WHEREAS, oil and gas well stimulations involve the use of chemical combinations from a list of hundreds of chemicals, some of which are determined by the Center for Disease Control (CDC) to be carcinogenic or which could otherwise pose a widespread and significant risk to public health, safety, and the environment; and WHEREAS, use of these hydraulic fracturing mixes exposes air, aquifers and adjacent land and surface waters to the risk of contamination through spills and accidents, open pit storage, truck transport on roadways, and activities during well development; and WHEREAS, well stimulation through hydraulic fracturing is exempt from important regulations meant to protect public health and the environment, specifically sections of the Clean Water Act, Clean Air Act, Safe Drinking Water Act, OFFICIALLY FILED WITH THE SECRETARY OF STATE ON 5/4/16 1 289 Indigenous Environmental Network * Sierra Club * Honor the Earth * Bold Alliance * Rainforest Action Network * 350.org * Oil Change International Center for Biological Diversity * Great Old Broads for Wilderness * Fox Valley Citizens for Peace and Justice * 350 Madison * Stand.earth Family Farm Defenders * Food and Water Watch * Save Our Illinois Land Powershift Network * MN350 * Rising Tide North America * Minnesota Public Interest Research Group * Midwest Environmental Advocates For Love of Water * Greenpeace * WildEarth Guardians * Friends of the Earth * International Forum on Globalization * US Climate Plan Iowa Citizens for Community Improvement * Earthworks * Environment America Science and Environmental Health Network * Waterkeeper Alliance * August 25, 2016 President Obama The White House 1600 Pennsylvania Avenue, NW Washington, DC 20500 Subject: Halt Construction and Repeal the Army Corps of Engineers Permits for the Dakota Access Pipeline Project Dear President Obama: We write to you because we are deeply concerned by the Army Corps of Engineers' approval of Dakota Access LLC's construction of the Dakota Access Pipeline, the impacts of which have been highlighted by the growing public opposition to this project. The Dakota Access Pipeline project would extend 1,168 miles across North Dakota, South Dakota, Iowa, and Illinois, crossing through communities, farms, tribal land, sensitive natural areas and wildlife habitat. This massive crude oil pipeline that would carry 450,000 barrels of fracked oil per day from the Bakken oil fields in North Dakota to Illinois where it will link with another pipeline that will transport the oil to terminals and refineries along the Gulf of Mexico. This pipeline would travel through the Standing Rock Sioux Tribe's ancestral lands and pass within half a mile of its current reservation. Over the past several weeks, the mounting opposition to the pipeline has grown exponentially, captivating both activists around the country and the media, while uniting and mobilizing Native American tribes across the country in an unprecedented manner. Not only would the Dakota Access Pipeline threaten sacred sites and culturally important landscapes, it would also cross under the Missouri River just upstream of the Tribe's drinking water supply. If there were to be a spill — which history has taught us is not a question of "if' but Z90 - i "when" – it would constitute an existential threat to the Tribe's culture and way of life. The pipeline poses significant threats to the environment, public health, and tribal and human rights. Given that, the Standing Rock Sioux Tribe has fled a lawsuit and a request for a preliminary injunction to block construction of the pipeline. The complaint, fled in federal court in Washington D.C. by Earthjustice, argues that the Army Corps of Engineers is violating the National Historic Preservation Act by failing to address the Tribe's concerns about the pipeline's impact to sacred sites and culturally important landscapes, and that the river -crossing permits must be subject to review under the National Environmental Policy Act. The permits for the Dakota Access Pipeline project (DAPL) were granted using the Army Corps Nationwide Permit 12, a fast track permitting process that has allowed the oil and gas industry to build numerous fossil fuel pipelines across the country, even on private property, without any project -specific environmental review or public input process. After years of pipeline disasters—from the massive tar sands oil spill in Kalamazoo, Michigan in 2010, to the recent oil pipeline spills in the San Joaquin Valley and Ventura, CA --our organizations and our millions of members and supporters are concerned about the threat these projects pose to our safety, our health, and the environment. DAPL is yet another example of an oil pipeline project being permitted without adequate public engagement or sufficient environmental review; "segmenting" a project under Nationwide Permit 12 allows the Corps to consider a single oil or gas pipeline as thousands of "single and complete" projects, avoiding the environmental review and public input required by the Clean Water Act and the National Environmental Policy Act. DAPL is a major project that should have required more thorough review and analysis under the Clean Water Act and the National Environmental Policy Act, the National Historic Preservation Act and the Native American Graves Protection and Repatriation Act, as well as federal trust responsibilities guaranteed in the 1851 and 1868 United States treaties with the Lakota, Dakota and Nakota tribes. The Clean Water Act's general permit program was intended for categories of projects that will have truly minimal environmental impacts, like boat ramps, mooring buoys, and some recreational facilities. It was not intended for massive interstate pipelines that transport hazardous fossil fuels for hundreds of miles through communities and waterways and pose grave risks of leaks, spills, and explosions. The National Environmental Policy Act requires that a full Environmental Impact Statement (EIS) be completed for major actions that impact the environment. Given the size, scale, environmental risks and controversy of this project, Nationwide Permit 12 should not have been applied. The Corps' individual permit process is the only way to ensure that the risks and impacts from these projects have been identified, analyzed and properly mitigated, and ensure that the families and communities that stand to be impacted by a disaster have an opportunity to have their voices heard in the pipeline review process. As long as Nationwide Permit 12 is being used to rubber-stamp oil pipelines, it ignores the intent of our laws and presents an ongoing threat to our water resources, our communities, and our climate. Pipelines must be evaluated fully and in a transparent manner with opportunity for public input in order to be held to the same national interest and climate standards as the Keystone XL tar sands pipeline, which we applaud you for rejecting last year. We, the organizations signed below, support the tribes and landowners along the pipeline route in their fight against the Dakota Access Pipeline project. We urge your Administration to direct the Corps to deny the remaining Section 408 permits for Dakota Access, revoke the pipeline's authorizations under Nationwide Permit 12, and initiate a transparent CWA Section 404 permitting process that includes public notice and participation, formal tribal consultation, and adequate environmental review of the pipeline. Until that occurs, construction on this project should not be allowed to continue. We further call on your administration to revoke Nationwide Permit 12 or modify it to prevent the segmentation of pipelines in the future and resume its prior practice of evaluating the environmental impacts of individual fossil fuel pipelines. Thank you for your consideration of this important matter. Sincerely yours, Tom Goldtooth Executive Director Indigenous Environmental Network Michael Brune Executive Director Sierra Club Winona LaDuke Executive Director Honor the Earth Jane Kleeb President Bold Alliance Lindsey Allen Executive Director Rainforest Action Network May Boeve Executive Director 350.org Shelley Silbert Executive Director Great Old Broads for Wilderness Mary Shesgreen Chair Fox Valley Citizens for Peace and Justice Phyllis Hasbrouck Co -Chair 350 Madison Todd Paglia Executive Director Stand.earth John Peck Executive Director Family Farm Defenders Wenonah Hauter Executive Director Food and Water Watch Igo -3 Stephen Kretzmann Executive Director Oil Change International Kieran Suckling Executive Director Center for Biological Diversity Kevin Whelan Executive Director Minnesota 350 Ryan Kennedy Executive Director Minnesota Public Interest Research Group Annie Leonard Executive Director Greenpeace Erich Pica President Friends of the Earth Evan Weber Executive Director US Climate Plan Jennifer Krill Executive Director Earthworks Carolyn Raffensperger Executive Director Science and Environmental Health Network Deni Mathews Chair Save Our Illinois Land Lydia Avila Executive Director Powershift Network Kimberlee Wright Executive Director Midwest Environmental Advocates Liz Kirkwood Executive Director For Love of Water John Horning Executive Director WildEarth Guardians Victor Menotti Executive Director International Forum on Globalization Hugh Espey Executive Director Iowa Citizens for Community Improvement Margie Alt Executive Director Environment America Marc Yaggi Executive Director Waterkeeper Alliance Hundreds of Actions Are Planned to Protest Keystone XL I The Nation Page 1 of 5 N' (htW:ZLwv;w ,thenation.com/loiginQ. ACTIVISM BLOG Hundreds of Actions Are Planned to Protest Keystone XL Protesters have planned hundreds of actions in response to the State Department's report that the Keystone XL pipeline would have a negligable impact on climate change. By Allison Kilkenny FEBRUARY 3, 2014 Q� 1 aov\ � A Keystone XL protester holds up a sign in front of the White House. (Emma Cassidy, tarsandsaction/Flickr) 2..90-5 https://www.thenation.comlarticlelhundreds-actions-are-planned-protest-keystone-xl/?print... 10/3/2016 Hundreds of Actions Are Planned to Protest Keystone XL I The Nation Page 2 of 5 Activists are participating in hundreds of nationwide protests on Monday against the proposed Keystone XL pipeline. The State Department released a long-awaited environmental review of the pipeline Friday that found the project would have a "negligible impact" on climate change, a decision that bolsters the case for the controversial project. The pipeline would ship 830,000 barrels of oil a day from Canada to Texas Gulf Coast refineries. <>Environmentalists and advocates were quick to point out that the State Department's inspector general is conducting an inquiry into whether the contractor tasked with the study, Environmental Resources Management, failed to disclose recent work it did for TransCanada, the company proposing to build the pipeline, which would be an obvious conflict of interest. "The release of the new report will be a green light to escalate our efforts," May Boeve, executive director of 35O.org, said to the Los Angeles Times. "This fight got started at the national level when 1,253 people got arrested in front of the White House. We expect many more people will take part in civil disobedience and take to the streets before this fight is over." 7--90 - 6 https://www.thenation.com/article/hundreds-actions-are-planned-protest-keystone-xl/?print... 10/3/2016 Hundreds of Actions Are Planned to Protest Keystone XL I The Nation Hundreds of No KXL protest vigils are scheduled to take place all across the country on Monday. The events are organized by CREDO, Rainforest Action Network, Sierra Club, 350.org, The Other 98%, Center for Biological Diversity, Oil Change International, Bold Nebraska, Energy Action Coalition, Natural Resources Defense Council, The Hip Hop Caucus, Overpass Light Brigade, Environmental Action, League of Conservation Voters, Waterkeeper Alliance, Friends of the Earth, Forest Ethics, Forecast the Facts and others. "This is an all -hands -on -deck moment to send the message to President Obama that Keystone XL fails his climate test and he must reject it," the consortium said. Furthermore, farmers and ranchers in Nebraska who opposed the pipeline are planning to run for seats on a state board that regulates power stations that are needed along the project route, the AP reports, and national activists say they have recruited more than 75,000 volunteers willing to participate in civil disobedience. "We've said from the beginning that we will support the landowners and what they want to do and what they think is best for their property. I think you'll see some landowners driving really slow on their county roads to block the [pipeline] trucks," said Jane Kleeb, executive director of Bold Nebraska. Page 3 of 5 Z.9o'7 https://www.thenation. com/article/hundreds-actions-are-planned-protest-keystone-xl/?print... 10/3/2016 Hundreds of Actions Are Planned to Protest Keystone XL I The Nation Page 4 of 5 In addition to Monday's protests, activists plan to stage "pipeline meet -ups" throughout February to encourage people to raise the pipeline issue with candidates in the 2014 elections. Activists are also waiting on a decision from a Nebraska judge on a lawsuit challenging a state law that allowed the project to proceed. That ruling is expected by late March. According to Kleeb,115 landowners in Nebraska are still refusing to sign agreements with TransCanada and would also be willing to engage in nonviolent civil disobedience if the company tries to lay pipe through their land. "We will make sure folks know that we have not gone away, that we are still fighting this pipeline," Kleeb said to the AP. One of Monday's scheduled protests is being organized by Olympic Climate Action in Port Angeles, Washington. In a statement, the group quoted NASA scientist James Hansen as saying extracting the fossil fuels in the Alberta tar sands means "name over" for the climate. "We are for a sustainable world, one where all people, both now and into the future, have access to a decent livelihood. There is work to do conserving '9D •46 https://www.thenation.com/article/hundreds-actions-are-planned-protest-keystone-xl/?print... 10/3/2016 Hundreds of Actions Are Planned to Protest Keystone XL I The Nation Page 5 of 5 energy and producing it more sustainably. We cannot let the oil age preclude a future for our descendants," the group said in its statement. "It's really an overwhelming problem. Coming together as a group is more successful than sitting around worrying about it," said Ed Chadd, a founding member of the action group. Lel ALLISON KILKENNY Allison Kilkenny is the co -host of the progressive political podcast Citizen Radio (wearecitizenradio.com) and independent journalist who blogs at allisonkilkenny.com. Her work has appeared in The American Prospect, the LA Times, In These Times, Truthout and the award- winning grassroots NYC newspaper the Indypendent. To submit a correction for our consideration, click here. For Reprints and Permissions, click here. )-lo-9 https://www.thenation.com/article/hundreds-actions-are-planned-protest-keystone-xU?print... 10/3/2016 2015 Annual Report Everyor equal �a 'UATERKEEPER'ALLIANCE a �q � d' r • f O Everyor equal �a 'UATERKEEPER'ALLIANCE a . . /4, liev 7"A Waterkeeper Alliance connects and supports local Waterkeeper organizations and affiliates to provide a voice for waterways and their communities world- wide. To champion clean water and strong communities, Waterkeeper Alliance: �l Supports and empowers member Waterkeeper organizations and affiliates to protect communities, ecosystems, and water quality; Contents Letter from the President ...................2 �o o - ollu�3 0 0o - --o- o o: , Letter from the Executive Director .......... 4 Clean and Safe Energy ..........................6 Pure Farms, Pure Waters ....................10 Clean Water Defense ...........................14 Events....................... .... ................18 Financials ...................................... 26 Gifts.. . . .........................................27 WATERKEEPER ALLIANCE 1 1 N LETTER FROM THE PRESIDENT a O 2 1 WATERKEEPER ALLIANCE Dear Supporters, hank you for your support of Waterkeeper Alliance. We had a remarkable year growing to 258 Waterkeeper organizations and affiliates, in 33 countries. We received 4 -star Charity Navigator status, Top -Rated status from CharityWatch, and met the highest standards of the Wise Giving Alliance of the Better Business Bureau Our Clean Water Defense campaign stopped the dangerous precedent of diverting critically needed Clean Water State Revolving Funds to help finance the replacement of the Hudson River's Tappan Zee Bridge, and our Clean and Safe Energy Campaign successfully leveraged a $102 million fine against Duke Energy and a $3 billion cleanup of half of the dangerously toxic coal ash sites in North Carolina Under Marc Yaggi's and Mary Beth Postman's leadership, Waterkeeper Alliance has reinvigorated the Waterkeeper movement, Board, Trustees, Leadership Circle and supporters. For the first time in our history, we have second -generation Leadership Circle members! Our movement's power to protect waterways is stronger than ever and will continue to be as we grow to 500 Waterkeepers. Waterkeeper Alliance will realize the vision of the movement's founder, Bob Boyle, that all rivers should one day have an activist "out on the river the length of the year, nailing polluters on the spot." Thank you again for your support and generosity Sincerely, Robert F Kennedy, Jr Pinata credit oppamte page 0 Alex Milan Tracy silentsecond cam M, ]HE R. LETTER FROM THE EXECUTIVE DIRECTOR his is your moment. This is your movement." Those words, spoken with great passion by Reverend Gerald Durley at Waterkeeper Alliance's most recent Annual Conference in Colorado ring true. We are at a crucial moment in history, in which a series of events give great hope that we finally are at a tipping point where common sense, science, and people will prevail over ignorance and greed in the fight to preserve and protect our natural environment. I have seen clear signs of this shift in the incredible work of the Water - keeper movement over the past year In September of last year, Waterkeeper Alliance joined nearly 400,000 people in the streets of New York City for the People's Climate March and demanded that politicians say no to polluters and yes to people. The same month, Waterkeeper Alliance and our partners filed a complaint with the EPA Office of Civil Rights under Title VI of the Civil Rights Act of 1964 alleging that North Carolina's lax regulation of hog waste disposal discriminates against communities of color in eastern North Carolina - the first action of its kind. 4 1 WATERKEEPER ALLIANCE This spring, thanks in large part to an investigation by Waterkeeper Alliance and local Waterkeepers, Duke Energy, the nation's largest electrical utility, plead guilty in federal court to nine criminal violations of the Clean Water Act for polluting four major rivers with toxic coal ash from five power plants. Just weeks after our April coal conference in Senegal, West Africa, where we called on investors to stop investment in a proposed coal power plant in the region, construction of the plant was halted In May, one week after hearing from Waterkeep- er's Clean & Safe Energy team and other partners about the environmental hazards and financial dangers of con- tinuing to hold stock in coal -heavy corporations, Norway made the decision to divest its $900 billion sovereign wealth fund of all coal related investments. These great accomplishments achieved by locally based clean water advocates were matched with dramatic growth of our movement around the world in countries like Kenya, Togo, Mongolia, Sweden, EI Salvador, Indo- nesia, Sri Lanka, and many others I could go on and on with examples of how momentum is on our side to secure for future generations a world that has the infrastructure - like clean water, clean air, plentiful forests - to support healthy life and reward hard work and ingenuity But we must remain vigilant and continue to fight to make it across the finish line. And our moment cannot come if we do not include everyone in our movement. The looming threats to our world affect every person on the planet, regardless of race, class, or nationality It is absolutely critical that we include people from all walks of life in our mission to make the world a better place for all of us to share. At Waterkeeper Alliance, we will continue to work with Waterkeepers to battle fossil fuel projects, fight polluting industrial factory farms, make our communities around the world more resilient in the face of climate change, and fight for everyone's right to clean water We are 258 Waterkeepers strong, working in 33 countries, and protecting nearly 2.3 million square miles of watershed around the world I believe Rev Durley was right. our moment is now, and our movement is the best solution to a very real, very se- rious problem We must all come together and embrace our differences, knowing that diversity will only make our movement stronger and more resilient to overcome the storms ahead The work will be difficult, but when things get tough, remember this quote from David Brooks. "While those who lead flat and unremarkable lives may avoid struggle, a well -lived life involves throwing oneself into struggle, that large parts of the most worthy lives are spent upon the rack, testing moral courage and facing opposition and ridicule, and that those who pursue struggle end up being happier than those who pursue pleasure." This truly is OUR moment. This truly is OUR movement. And our movement is the one that is going to change the course of history I am so grateful to have an amazing team here at Waterkeeper Alliance and I hope you enjoy as much as I do reading this report about their amazing successes. Thank you so much for your support. To clean water, s--iQ Marc Yaggi Executive Director Phaa cred,t Waterkeeaer Alliance Marc Yaggi and Kinley Wangchuk beside the Thim Chu river on the way to His Eminence Khamtrul Rinpoche's Ralung Shedrup Choling Monastery in Bhutan. of- - - -- - - - -- - - -- - . - - _ WATER KEEPER ALLIANCE 1 5 NJ .D O 5 CLEAN AND SAFE ENERGY CAMPAIGN 6 1 WATERKEEPER ALLIANCE Duke Energy n 2011, Waterkeeper Alliance and a uni- fied front of North Carolina Riverkeepers began pressuring Duke Energy to clean up illegal water pollution leaking from its coal ash dumps across the state. After the state's industry -friendly environmental regulators repeatedly attempted to obstruct our efforts, our work finally paid off in a big way. It was only after we initiated legal action against Duke to stop the pollution that state regulators brought enforcement actions. Those enforcement actions, however, were a sham, designed to shield Duke from prosecu- tion. As the state's bogus lawsuits languished in court for months, a storm water pipe sud- denly collapsed in February 2014 beneath a 60 -year-old coal -ash impoundment at Duke's Dan River Steam Station in Eden, North Car- olina. Waterkeeper Alliance staff were among the first responders on the scene whose testing confirmed that arsenic, chromium and lead were released when the Duke coal ash pond spewed 140,000 tons of toxic sludge and wastewater into the Dan River Before Waterkeeper Alliance exposed Duke's coal ash mess, the company had no apparent plans to change its reckless management of leaking ash dumps at all 14 of its coal power plant sites in North Carolina. But thanks to the dogged investigative work of Waterkeeper Alliance staff, local Waterkeepers and others, which led to seven enforcement lawsuits, Duke has now committed to spending more than $3 billion to fully clean up the contamination at seven of those sites, including the Dan River plant. In May, Duke Energy plead guilty in federal court to nine criminal counts of violating the Clean Water Act. The company was fined $102 million to resolve a federal inves- tigation into its criminal mismanagement of toxic coal -ash basins in North Carolina The fine is the second largest criminal penalty in the history of the Clean Water Act, and the largest criminal penalty ever paid in North Carolina. Without our work, government officials would have continued to turn a blind eye to Duke's illegal pollution Now, the company will clean up at least half of its sites (and counting), and it has to report to probation officers for the next five years like any other criminal. The days when Duke Energy was held above the law in North Carolina have come to an end, and Waterkeeper led the charge. Photo credit opposite nage. Waterkeeper Alliance CLEAN AND SAFE ENERGY CAMPAIGN 8 1 WATERKEEPER ALLIANCE JUR Bomb Trains 'n May 2015, as part of our expanding work on the transport of oil by rail, Waterkeeper Alliance, represented by Earthjustice, and other environmental groups, including Spokane Riverkeeper, challenged the Department of Transportation's inadequate regulations on rail tank cars carrying flammable substances. The requirements of the finalized rule are incredibly weak and allow for lengthy delays in implementation One of the most concerning aspects of the rule is that some of the most dangerous tank cars, which almost always puncture during a derailment, do not have to be fully phased out for use with combustible oil for a full decade, despite the Department of Transportation predicting that approximately 15 major oil train derailments will occur in the year 2015 alone. Frasure Creek Last November, Waterkeeper Alliance, Kentucky Riverkeeper and local partners issued a Notice of Intent to Sue operators of the Frasure Creek Mine for submitting to the state more than 100 false water pollution monitoring reports from its Kentucky coal mines. The false reports amount to nearly 20,000 violations of the federal Clean Water Act and carry a total maximum penalty of more than $700 million The groups filed their lawsuit in federal court in March Photo credit: Waterkeeper Alliance Mountain top coal removal in Kentucky .fl International Coal katerkeeper Alliance, Buriganga lsRiverkeeper, Bocas de Ceniza Waterkeeper and Hann Baykeeper hosted conferences on coal, water, and climate change for more than 50 grassroots groups from Bangladesh, Colombia and five West African countries. Community members from three continents spoke out about the need to stop building coal mines, transport terminals and coal-fired power plants due to their harmful envi- ronmental and health impacts. Construc- tion of the Sendou coal plant in Senegal stopped in June while investors seek further information on the scope of nega- tive environmental and social impacts as identified by Hann Baykeeper, community members and environmental groups. Photo credit Waterkeeper Alhance Norway Coal Divestment Rapid Response ust a week after having Waterkeeper Alliance's Donna Lisenby and other clean energy advocates to Norway to speak to members of Parliament about the environmental hazards and financial dangers of continuing to hold stock in coal -heavy corporations like Duke Energy, the Scandinavian nation decided to divest its $900 billion sovereign wealth fund from companies whose businesses rely at least 30% on coal The fund, the largest in the world, is one of the top 10 investors in the global coal industry and this move will affect $9 to $10 billion of coal -related investments. This was the largest divest- ment from coal in history Coal compa- nies are filing for bankruptcy while global investment in renewable energy is higher than ever before. Waterkeeper Alliance has observed a dramatic rise in the number of fossil fuel water spill disasters and other water related emergencies. This past year, Waterkeeper Alliance rapidly respond- ed to a number of these emergencies. One was in February of 2015 when our West Virginia Headwaters Waterkeeper Angie Rosser took immediate action after several tank cars of a Bakken crude oil train exploded near Carbondale, WV It resulted in fires, the evacuation of hundreds of families, suspension of busi- ness operations and closure of drinking water intakes due to an oil spill into the Kanawha River Photo cred t Dan River Basin Association Taylor Energy Waterkeeper Alliance's case against Taylor Energy continued over a decade -old Gulf of Mexico oil spill after a Louisiana federal judge denied the com- pany's motion that Waterkeeper Alliance and other plaintiffs lack standing to sue. The motion was Taylor's second challeng- ing standing — a motion to dismiss was denied almost two years ago — in a suit that began in 2012 with claims that the company allowed oil to leak from a Gulf of Mexico well for more than seven years after it was destroyed by Hurricane Ivan in 2004 WATERKEEPER ALLIANCE 1 9 PURE FARMS, PURE WATERS CAMPAIGN 10 1- WATERKEEPER ALLIANCE Environmental justice AL ten county area in southeastern North Carolina is home to the high- est concentration of industrial hog operations in America For local commu- nities, which are disproportionately African American, Native American and Latino, the constant and rampant water -and -air pollution that these operations create, and that cause health problems, swarms of insects, and diminished property values, ruin their quality of life in a place they've called home since long before the hog industry came to town In the 1980s, as the state's massive tobacco industry began to decline, the hog industry moved in to fill the void. Ever since, local North Carolina Riverkeepers, with support from Waterkeeper Alliance, have been documenting pollution from these Concentrated Animal Feeding Operations, or CAFOs, and communities have repeatedly asked the North Carolina Department of Environment and Natural Resources (DENR) for stronger protections. Citizens have tried to reach a resolution with government officials that is agreeable to neighbors, regulators, and the industry Some have brought civil complaints for nuisance and trespass against individual facilities. Most hog operations in North Carolina op- erate under a State General Permit, which supports the false assumption that pollut- ants, including fecal bacteria and nutrients such as nitrogen and phosphorous, stay on site The permit allows the industry to flush hog feces and urine into open, unlined pits and then to spray this "liquid manure" onto nearby fields under the pretext of it being used as fertilizer The problem is that there is too much of the waste being produced for the soil or crops to absorb it all. Much of the waste runs off the fields, which are extensively ditched to facilitate drainage in the low-lying coastal plain, and the waste contaminates nearby waters. It also drifts as a noxious mist onto neighboring properties. Neighbors have repeatedly complained to state officials about the impacts they live with every day, but those complaints have largely fallen on deaf ears. Residents held collaborative problem -solving workshops with officials from DENR, which were funded by EPA, but still the State agency Photo credit opposite page John Carter. Perfect Day Images. Inc i ICKE11 VlA--,Tf bUT POLLUTI��'a H 0 C,L'JGSH 1 N' Reverend Dr. Gerald L. Durley. d N ►4 • r !I 1 PURE FARMS, PURE WATERS CAMPAIGN Hans, poop EISA Cele People suffer Photo crMd: John Carter. Perh,ct Dav Imaps. Inc. neglected to act. State officials have consistently been dismissive of citizens' concerns, even when supported by sound science. As recently as January 2015, when a study published by researchers at the University of North Carolina and Johns Hopkins University linked high levels 12 1 WATERKEEPER ALLIANCE of fecal bacteria in local waterways to industrial hog -operations, a spokesperson for DENR called the results "inconclusive." In 2014, after the State renewed the General Permit for hog operations without offering better protections, residents and the groups representing their interests took their strongest stand yet. Waterkeeper Alliance joined forces with longtime part- ners NC Environmental Justice Network (NCEJN) and the Rural Empowerment Association for Community Help (REACH), represented by attorneys with Earthjus- tice and the University of North Carolina Center for Civil Rights. In September 2014, Waterkeeper Alliance and its partners filed a complaint with the U S Environmental Protection Agency's Office of Civil Rights under Title VI of the Civil Rights Act of 1964 The complaint alleges that the State's lax regulation of hog -waste disposal discriminates against minority communi- ties in eastern North Carolina, and that DENR's recent permit allowing thou- sands of hog facilities to function without adequate waste -disposal controls violates federal law Using the Civil Rights Act as a tool to stem industrial pollution may seem unortho- dox to some, but it is not a new concept. Under the law, when a state -implemented regulatory program receives funding from the federal government, it must operate in a way that does not have a dispropor- tionate negative impact on communities of color When this requirement is violated, the EPA is authorized to cut off federal funding for the program, but it can choose less severe protective measures such as increased monitoring, inspection and enforcement. In February of this year, after an initial review, the EPA's Office of Civil Rights announced that it had accepted the complaint filed against DENR and would proceed with an investigation of whether the agency's regulatory program has a disproportionate impact on communities of color, and whether what is alleged to be an institutionalized system of discrimination can be justified. Currently Waterkeeper Alliance and it's co -complainants NCEJN and REACH, along with counsel at Earthjustice and UNC Center for Civil Rights, are working with EPA to provide further evidence in support of our complaint and to facilitate a thorough and complete investigation of DENR in hopes of a quick resolution to the problems that have plagued under- represented communities for too long. Fighting Reclassification of Cape Fear River as a Swamp (� aterkeeper Alliance and Cape Fear Riverkeeper, iCrking with Duke Environmental Law and Policy Clinic, filed comments with North Carolina Department of Environment and Natural Resources (DENR) strongly opposing the agency's proposal to reclassify parts of the Lower Cape Fear River estuary as swamp waters. The proposed reclassification seeks to lower water quality standards in attempt to avoid more stringent pollution controls needed to clean up the estuary The proposal will also allow more pollution from upstream sources, most notably industrial hog operations whose continuing discharges of swine waste and resulting pollution of the Cape Fear estuary are well-documented and inadequately regulated by DENR and the EPA. Photo credit Cane Fear River Watch CAff O Billboard campaign �aterkeeper Alliance launched a new CAFO Billboard Kcampaign aimed at raising awareness in North Carolina about industrial hog factory farms, which are disproportionately placed in low-income communities and communities of color and are wreaking havoc on the state's environment and waterways. The billboards are located throughout eastern North Carolina and deliver edgy and poignant messages. Rally in NC n an effort to raise awareness about the plight of North Carolina communities constantly exposed to hog pollution, Waterkeeper Alliance and its partners held a Rally for Racial and Environmental Justice on the lawn outside the legislative building in Raleigh, NC on May 13, 2015 Hundreds turned out to hear community members tell their personal accounts, to learn from Riverkeepers and researchers explaining the environmental and public health risks, and to "Raise a Stink" asking state officials to protect the public. Keynote speakers included Rev Curtis Gatewood of NC NAACP, Rev Dr Gerald Durley of the GA -based Providence Missionary Baptist Church, and Robert F Kennedy, Jr of Waterkeeper Alliance 15A jEs EX Photo credit John Carter. Perfect Day images. Inc - - _--7 WATERKEEPER ALLIANCE 1 13 TWI 1 CLEAN WATER DEFENSE CAMPAIGN Protecting Clean Water Act Infrastructure Funds n its 1987 amendments to the federal Clean Water Act, Congress established the clean water state revolving fund program to help communities across the nation attain the fishable and swimmable goals of the Act. The program provides federal capital grants to the states each year to provide no- and low-interest loans to municipalities to support improvements in water infrastructure, which directly reduces pollution impacts and improves water quality The vast majority of these funds have been successfully utilized by municipalities to construct and upgrade publicly owned treatment works (sewage treatment plants) and (more recently) stormwater controls across the country In the summer of 2014, Waterkeeper Alliance, Hudson Riverkeeper, and partner organizations in New York learned of a secret, dangerous new proposal by New York State to pilfer over $511 million from New York's Clean Water State Revolving Fund to help finance the $4 billion replacement of the Tappan Zee Bridge, which connects Westchester and Rockland Counties just north of New York City To put that amount in perspective, the $511 million the state intended to use for bridge construction adds up to more than three years of federal capital grants to the state, and would have been the single largest loan the state had ever made from its clean water revolving fund To make its unprecedented proposal appear legitimate, the state retained an environmental consultant to prepare a technical report, which proffered that the clean water monies would only be used for components of the bridge project that would purportedly enhance water quality But the reality is that the bridge construction project has had enormous adverse environmental impacts to the Hudson River estuary, and the state was proposing to use the funds to pay not only for a few environmentally beneficial project components, but 14 1 WATERKEEPER ALLIANCE — °pM,0pp ph.t. M: Hod.n R10 4f pe, Ed E It- 0 2.e)o•26 • ° Ag # t a a W R ,iyf .V.� f) 41 i a Of 4 l c •rr '�F k F �e�� �12 �.ij��F 3?•, 2.e)o•26 CLEAN WATER DEFENSE CAMPAIGN also for destructive activities such as dredging, pile driving and demolition of the old Tappan Zee Bridge. The state rushed its approval of the plan through a secret process with no public notice or comment or other oversight, and without approval from the U S Environmental Protection Agency (EPA), which provides the federal funding to the states. Upon learning of New York's foolish and frightening effort to raid its clean water revolving fund to build its bridge, Waterkeeper Alliance and its partners took the two following steps. First, we sued to enforce the law] Represented by Pace Law School's Environmental Litigation Clinic, Waterkeeper and our partners filed a lawsuit to enjoin the state's illegal use of clean water funds for bridge construction. Second, Waterkeeper Alliance and our partners conducted an aggressive public awareness campaign, including outreach to state and federal officials and the media to publicize the state's dangerous proposal This effort also included advocacy and outreach to the federal EPA, which retains authority to disallow the use of a state's clean water revolving fund for projects that are not legally eligible for such financial assistance. 16 1 WATERKEEPER ALLIANCE Ph.t. -M: H,xl Rr keeM, These efforts ultimatly led to a huge win for the people of New York EPA disallowed the use of $481 million of the state -approved $511 million, or about 95 percent of the loan, for bridge construction In its ruling, EPA made clear that the clean water fund could only be used to finance projects that actually improve water quality, and could not be used for large infrastructure projects that will harm water quality Never before had a state dared to attempt to use clean water revolving fund monies for an enormous transportation infrastructure project. With this victory, Waterkeeper Alliance and its partners have protected the Clean Water Act and its state revolving fund program, and increased the likelihood that the nation's investment in clean water infrastructure will continue unabated into the future. ai �F L FIX' Ph.t. -M: H,xl Rr keeM, These efforts ultimatly led to a huge win for the people of New York EPA disallowed the use of $481 million of the state -approved $511 million, or about 95 percent of the loan, for bridge construction In its ruling, EPA made clear that the clean water fund could only be used to finance projects that actually improve water quality, and could not be used for large infrastructure projects that will harm water quality Never before had a state dared to attempt to use clean water revolving fund monies for an enormous transportation infrastructure project. With this victory, Waterkeeper Alliance and its partners have protected the Clean Water Act and its state revolving fund program, and increased the likelihood that the nation's investment in clean water infrastructure will continue unabated into the future. Gulf of Mexico Dead Zone Uaterkeeper Alliance and partners continue their legal battle against EPA to Vaddress the second largest dead zone in the world located in the Gulf of Mexico The lawsuit was filed in 2012 in U.S District Court for the Eastern District of Louisiana to force EPA to put limits on nutrient pollution dumped into the Mississippi River The EPA lost and appealed to the 5th Circuit Court of Appeals and in April, the court rejected the appeal and the case continues. Map showing distribution of bottom -water dissolved oxygen west of the Mississippi River delta. Black lined areas—areas in red to deep red—have very little dissolved oxygen. Credit: LUMCON. Source: NOAA, reprinted with permission. http://www. noaanews.noaa.gov/stories2009/20090727–deadzone.htmI N P N CO Challenging the EPA's `Clean Nater Mule' n November of 2014, Waterkeeper Alliance and 54 Waterkeeper organizations filed comments challenging provisions in a new rule that will remove Clean Water Act (CWA) protections for critically important rivers, streams, wetlands, and other waterways across the nation Dubbed the "Clean Water Rule" by the agencies, the rule reduces jurisdiction over many waters that have been protected Photo credit. Waterkeeper Alliance from pollution and destruction since the 1970s, contrary to the legal requirements of the CWA and the findings of an independent scientific review panel. Internal Army Corps documents released to the public after issuance of the final rule show that high-ranking Corp officials were highly critical of the legal and scientific basis for portions of the rule—particularly of last-minute changes that arbitrarily exempted additional waters from protection. The final rule was issued over the objections of these officials and included several previously unseen industry -friendly exemptions that will leave many of our waters unprotected. While the final rule reaffirms protections for some waters that have long been protected, Waterkeeper Alliance, four Waterkeeper organizations and three national partners filed lawsuits against EPA and the Army Corps challenging the new provisions of the rule that removed CWA protections in July WATERKEEPER ALLIANCE 1 17 • 18 1 WATERKEEPER ALLIANCE N Annual Conference Waterkeeper Alliance's annual June conference took place this year in beautiful Boulder, Colorado Nearly 300 members of Waterkeeper organizations and affiliates from across the country and around the world came together for four days of training, networking, listening to inspirational guest speakers, sharing experiences, and learning new skills. The annual conference included more than 40 workshops and panels focused on giving Waterkeepers the tools they need to protect their local waterways. Annual Conttrencu photo uetlilS: Waterkeeper AIIMnce Keep It Clean n April, Waterkeeper Alliance held an Earth Day event in Los Angeles called "Keep It Clean" with established and emerging comedians who lent their talents to draw attention to the global water crisis and the work of Water - keepers on six continents. The star-studded bill included Martin Short, Robert Klein, Tig Notaro, Sarah Silverman, Ray Romano, Dan Aykroyd, Jon Lovitz, Kevin Nealon and more. In addition to the stand-up extravaganza, "Keep It Clean" featured a keynote address by Robert F Kenne- dy, Jr, President of Waterkeeper Alliance. Guests had a chance to check out the Toyota Mirai, the official vehicle of the event. With pure water as its only emission, the Mirai uses hydrogen and oxygen to create electricity to power the all -electric engine. Attendees also got a sneak preview of the "Keep It Clean" video campaign, directed by actress, comedian, producer and Waterkeeper Alliance Leadership Circle member Rachael Harris. She kicked off the official release of the first videos on June 30 during an appearance on the TODAY show Photo p dd: Wat —. AAA— Robert F. Kennedy, Jr. and Sarah Silverman Levi's Community Day n May, Waterkeeper Alliance partnered with Levi's for Community Day, a global day of service. This year marked the 15th Anniversary of Community Day, in which more than 4,000 employees and communities pitched in to complete 230 volunteer projects in 119 cities around the globe. Because water is a pressing global issue, and such an important resource for both Levi's and Waterkeeper Alliance, it was a particular focus of many projects this year Employees educated students about conservation, cleaned up beaches and waterways, and even built an urban forest that recycles water! Photo credo; Waterkeeper Aihame Ray Romano Philo credo: San Pranc— &rykeeper WATERKEEPER ALLIANCE 1 19 Deer Valley Celebrity Skifest �aterkeeper Alliance's signature charity ski weekend takes place on opening weekend in Deer Valley, Utah Last year's event took place at the Montage Deer Valley featuring a Friday night poker tournament benefit as well as a Saturday gala with silent and live auction followed by a live concert by the Grammy award-winning band, Lady Antebellum The entire weekend of events is televised in a national CBS special, which aired on Sunday, December 14 Photo Codas for P nt: Jnmd Enten—mant. Marc Yaggi, Robert F. Kennedy, Jr., and Pete Nichols p 20 1 WATERKEEPER ALLIANCE .It top London Crystal Anniversary �aterkeeper Alliance celebrated its 15th anniversary by launching the London Waterkeeper at a gala at that city's historic St. Pancras Renaissance Hotel on November 7th. Those attending the event included Waterkeeper Alliance President Robert F Kennedy, Jr, Executive Director Marc Yaggi, actress Cheryl Hines, Trustee Ed Hubennette, and Theo Thomas, the new London Waterkeeper Leadership Circle member Chef Gabrielle Bertaccini prepared the scrumptious food for the evening which highlighted the need for London to have its own strong voice to challenge polluters and defend its rivers, 98 percent of which fall below the quality criteria set by the European Union's Water Framework Directive. Raw sewage, toxic waste and oil continue to foul these waters, and existing laws to protect them are Londoin not being enforced WATE RKE E PE R® Splash! Waterkeeper Alliance launched the 5th Annual SPLASH Series, nationally presented by Toyota SPLASH events took place on waterways across the United States to support Waterkeeper Alliance and local Waterkeeper organizations and affiliates by engaging community mernbers and clean -water enthusiasts in water-based recreational activities like swimming, paddling, boating, as well as clean-up events. The 2015 Splash Series kicked off in April with LA Waterkeeper's "Stand Up for Clean Water" and continued through spring with Russian Riverkeeper's "Great Russian River Race," Hudson Riverkeeper's "Riverkeeper Sweep," Mobile Baykeeper's "Grandman Triathlon," Chattahoochee Riverkeeper's "13th Annual Back to Chattahoochee River Race & Festival," and Buzzards Baykeeper's "Buzzards Bay Swim" Photo credit: Bt—rds Bay C.00khon 2 Q Q tO` ki Top. photo Credit: Hudson Rw Aber-. Middle and bottom. photo Credit: Benjamin Bnon Morris for to Waterkeeper. WATERKEEPER ALLIANCE 1 21 M z.. Fraser Riverkeeper successfully advocated against a Transport Canada proposal to allow small vessels to dump sewage just one ' nautical mile from shore. • �1 0 L.A. Waterkeeper launches 'Go Dirty for the Drought' campaign to save water by not washing cars. _ Powerful Movement 258 Waterkeeper Organizations and Affiliates Worldwide N O 22 1 WATERKEEPER ALLIANCE ,W Tijuana Waterkeeper led the fight to increase their city's green space by more than 80 acres. Connecticut State Rep., Long Island Soundkeeper, and WKA • + + co-founder Terry Backer led the state to ban use of plastic microbeads in cosmetics. 40 After a seven year battle, Maule Itata Coastkeeper celebrated a decision by the Chilean government to cancel the Los Robles coal-fired power plant that would threaten local waterways Futaleufu Riverkeeper and local organizations prevent the construction of environmentally destructive dams. Georgia Coastal Waterkeepers (Satilla Riverkeeper, Altamaha Riverkeeper, Ogeechee Riverkeeper, and Savannah Riverkeeper) beat back Kinder Morgan pipeline PCL XL error Error: CurrentCursorUndefined Operator: LineReLPath Position: 124121 ,2w 3;'1 Form 9 9 0 Return of Organization Exempt From Income Tax IOMS No 1545.0047 Under section 501(c), 527, or 4947(a)(1) of the Internal Revenue Code (except private foundations) 42©1 4 Department of the Treasury ► Do not enter social security numbers on this form as it may be made public. 0. Internal Revenue Service ► Information about Form 990 and Its instructions is at wwwdrs.gov/form990. A For the 2014 calendar year, or tax year beginning 07/01, 2014, and ending 06/30,2015 C Name of organization 0 Employer identification number B eneckd.powwe WATERKEEPER ALLIANCE, INC. 13-4071318 X cchhange Doing business as ,,,11e change Number and street (or P O box if mad is not delivered to street address) Roomisuite E Telephone number CIN, Irvtialreem 180 MAIDEN LANE, SUITE 603 (212) 747-0622 t� Fmd ren.N City or town, state or province, country, and 21P or foreign postal code termeuted Amended NEW YORK, NY 10038 G Gross receipts S 10 389 790. r.turn rr ADDIeeiron F Name and address of pnncipaf officer GLENN RINK H(a) is this a group return farYes X No D.ndma subordinates? SAME AS C ABOVE H(b) An; an smardn.ta miseie& Yes No RI Tax-exempt status I X 1501(.)(3) 1 1 501(c) ( ) (Insert no) 4947(a)(1) or 527 11"No,• attach a list (see mstrucbons) J Webslte: ► WWW . WATERKEEPER. ORG H(e) Group exemption number ► WK Form of organization I X I Corporation I I Trust Association Other ► L Yearof formation 19 991 M State of legal domicile NY i 1 Bnefly describe the organization's mission or most significant activities ORGANIZED TO SERVE AS THE UMBRELLA GROUP b m NORTH AMERICA AND IN OTHER COUNTRIES. F_OC_USES_ _F_OR _PROGRAM_S _T_HROUGHOU_T ON CITIZEN ADVOCACY ON THE AFFECT OUR W_ATERWAYS-------------------------- __ 2 _ISSUES_THAT Check this box ► Q if the organization discontinued its operations or disposed of more than 25% of its net assets o 3 Number of voting members of the governing body (Part VI, line 1a) , , , , , , , , , , , , , , , , , 3 13. 4 Number of independent voting members of the governing body (Part VI, line 1 b) , , , , , , , , , , , , , , , , , , , , , , , 4 12. 5 Total number of individuals employed in calendar year 2014 (Part V, line 2a), 5 0 ? 6 _ Total number of volunteers (estimate if necessary)6 .............................. 28. a 7a Total unrelated business revenue from Part VIII, column (C), line 12 ,, , , , , , ,, , , , , , , , , , , , , , , 7a 0 b Net unrelated business taxable income from Form 990-T, line 34. .......... . .. 7b 0 Prior Year Current Year a 8 Contributions and grants (Part Vill, line 1h) , , , , , , , , , , , , , , , , , , , 10, 980, 966. 10, 128, 759. 9 Program service revenue (Part VIII, line 2g) , 0 0 0 9,680. 10 Investment income (Part Vill, column (A), lines 3, 4, and 7d), fx 11 , , , , , , , , , , , , , Other revenue (Part VIII, column (A), lines 5, 6d, Sc, 9c, 1Oc, and 11e). , , , . , , . , —252, 756. —217,270. 10, 728, 210. 9, 921, 169. 12 Total revenue - add lines 8 through 11 must equal Part VIII column A line 12 . 13 Grants and similar amounts paid (Part IX, column (A), lines 1-3) , , , , , , , , , , , , , 4, 850, 059. 6, 028, 478. 0 0 14 Benefits paid to or for members (Part IX, column (A), line 4) , , , , , , , , , , , , , , , 236, 879. 469, 251. m 15 Salaries, other compensation, employee benefits (Part IX, column (A), lines 5-10), A 16a , _ _ . Professional fundraising fees (Part IX, column (A)„fie 119) `OF `7 '.--3450,195. " 274, 027. 171, 095. .: - b Total fundraising expenses (Part IX, column (0), line 25) ► ---------------- iu 17 17 ___ _ __ ----------- Other expenses (Part IX, column (A), lines 11a -11d, 11f -24e) , , , , , , , , , , , , , , 3, 286, 226. 4, 671, 120. 8, 647, 191. 11,339,944. 18 Total expenses Add lines 13-17 (must equal Part IX, column (A), line 25) , , , , , , , , 2, 081, 019. —1,418,775. 19 Revenue less expenses Subtract line 18 from line 12 .................... o Beginning of Current Year End of Year �2 20 Total assets (Part X, line 16) 4, 360, 529. 3, 290, 237. a 21 , , , , , , , , , , , , , , , , , , , , , , , , , , , , , Total liabilities (Part X,line 26). . . ..... . . ....... .... ..... 254, 624. 606, 638. 4, 105, 905. 2, 683, 599. z o 22 Net assets or fund balances Subtract line 21 from I e 20. Signature Block Under penalties of perjury, I declare that 1 have exam is return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct, and complete clary on of pre er than officer) is based on all information of which preparer has any knowiedge S' i Gt i co Wnatureofcrfcw I Date Sign Here & T e print name and tide PnnVType preparers name Preparers signs DateCheck d PTIN Paid Preparer JAMES J REILLY 3 16 self-employed P00183769 Use Ony Firm's name ►CONDOM O, MEARA MCG--- & L Firm's EIN Mo. 13-3628255 Firm's address NO BATTERY PARR PLAZA, NEW YORK, NY Phone no 212-661-7777 May the IRS discuss this return with the preparer shown above? (see instructions) , X I Yes No For Paperwork Reduction Act Notice, see the separate Instructions. Form 990 (2014) SSA 4E1010 t Goo K4HOOY M261 �� ti I1 • WATERKEEPER ALLIANCE, INC. 13-4071318• Form 990 (2014) Page 2 EMStatement of Program Service Accomplishments Check if Schedule 0 contains a response or note to any line in this Part III , , , , , , , , , , , , , , , , , , , , , , , , n 1 Briefly describe the organization's mission• SEE SCHEDULE 0. 2 Did the organization undertake any significant program services during the year which were not listed on the prior Form 990 or 990 -EZ? ..[::] Yes Q No If "Yes," describe these new services on Schedule O 3 Did the organization cease conducting, or make significant changes in how it conducts, any program services .. ....................................... E] Yes Q No If "Yes," describe these changes on Schedule 0 4 Describe the organization's program service accomplishments for each of its three largest program services, as measured by expenses Section 501(c)(3) and 501(c)(4) organizations are required to report the amount of grants and allocations to others, the total expenses, and revenue, if any, for each program service reported 4a (Code- ) (Expenses $ 7, 541, 091. including grants of $ 6,028,479. ) (Revenue $ ) WATERKEEPER SUPPORT: SEE SCHEDULE O. 4b (Code ) (Expenses $ 632, 912. including grants of $ ) (Revenue $ ) CLEAN AND SAFE ENERGY: SEE SCHEDULE 0. 4c (Code. ) (Expenses $ 3e 9, 777. including grants of $ ) (Revenue $ ) ANNUAL CONFERENCE: SEE SCHEDULE 0. 4d Other program services (Describe in Schedule 0 ) (Expenses $ 1, 940, 027. including grants of $ ) (Revenue $ ) 4e Total program seance expenses ► 10,512,587. JSA 4EI0201 000 Form 990 (2014) K4HOOY M261 ' WATERKEEPER ALLIANCE, INC. 13-4071316 Form 990 (2014) Page Checklist of Required Schedules Yes I No 1 Is the organization described in section 501(c)(3) or 4947(a)(1) (other than a private foundation)? If "Yes," complete Schedule A.................................................. 1 X 2 X 2 Is the organization required to complete Schedule B, Schedule of Contributors (see instructions)? , , , , , , , , , 3 Did the organization engage in direct or Indirect political campaign activities on behalf of or in opposition to candidates for public office? If "Yes, "complete Schedule C, Part I , , , , , , , , , , , , , , , , , , , , , , , , , , 3 X 4 Section 601(c)(3) organizations. Did the organization engage in lobbying activities, or have a section 501(h) election in effect during the tax year? If Wes, "complete Schedule C, Part ll,,,,,, , ,, , , ,, , , , , , , , , , 4 X 6 Is the organization a section 501(c)(4), 501(c)(5), or 501(c)(6) organization that receives membership dues, assessments, or similar amounts as defined in Revenue Procedure 98-191) If "Yes," complete Schedule C, PartIII......................................................... 5 X 6 Did the organization maintain any donor advised funds or any similar funds or accounts for which donors have the right to provide advice on the distribution or investment of amounts in such funds or accounts? If "Yes"complete Schedule D, Part i. ....................... . , , . , , . , , , 6 X 7 Did the organization receive or hold a conservation easement, including easements to preserve open space, the environment, historic land areas, or historic structures? If "Yes"complete Schedule D, Part 11, , , , , , , , , 7 X 8 Did the organization maintain collections of works of art, historical treasures, or other similar assets? If "Yes," complete Schedule D, Part ill............................................. 8 X 9 Did the organization report an amount in Part X, line 21, for escrow or custodial account liability, serve as a custodian for amounts not listed in Part X, or provide credit counseling, debt management, credit repair, or debt negotiation services? If "Yes"complete Schedule D, Part IV ,,,, , ,, , , , , , , , , , , , , , , , , , , , 9 X 10 Did the organization, directly or through a related organization, hold assets in temporarily restricted endowments, permanent endowments, or quasi-endowments? If "Yes,"complete Schedule D, Part V, . , , . , . , 10 X 11 If the organization's answer to any of the following questions is "Yes," then complete Schedule D, Parts VI, VII, Vill, IX, or X as applicable a Did the organization report an amount for land, buildings, and equipment in Part X. line 10? If "Yes," complete Schedule D, Part VI ............................................. Ila X b Did the organization report an amount for investments-other securities in Part X, line 12 that is 50/6 or more of its total assets reported in Part X, line 16? If "Yes,"complete Schedule D, Part WI , , , , , , , , , , , , , , , , , 11b X c Did the organization report an amount for investments-program related in Part X. line 13 that is 5% or more of its total assets reported in Part X, line 16? If "Yes,"complete Schedule D, Part Wit, , , , , ,, , , , , , , , , , , 11c X d Did the organization report an amount for other assets in Part X, line 15 that is 5% or more of its total assets reported in Part X, line 16? If "Yes, " complete Schedule D, Part IX . . .. . . . . .. . ... . .. . ... . . . . . . 11d X lie X e Did the organization report an amount for other liabilities in Part X, line 25? If "Yes,"complete Schedule D, Part X f Did the organization's separate or consolidated financial statements for the tax year include a footnote that addresses the organization's liability for uncertain tax positions under FIN 48 (ASC 740)? If "Yes"complete Schedule D, PartX , , , , , , 11 f X 12a Did the organization obtain separate, independent audited financial statements for the tax year? If "Yes," complete Schedule D, Parts XI and XII, , , ,,, , , , , , ,,,,,,,,, , ,,, , , , , , , , , , , , , , , , , , 12a X b Was the organization Included in consolidated, independent audited financial statements for the tax year? If "Yes," and if the organization answered "No"to line 12a, then completing Schedule D, Parts X1 andX11 is optional , , , , , , , , , , , , , , 12b X 13 X 13 Is the organization a school described in section 170(b)(1)(A)(li)? If "Yes"complete Schedule E. , , . , , , , , , , 14a X 14a Did the organization maintain an office, employees, or agents outside of the United States? .. , ... , .. , .. b Did the organization have aggregate revenues or expenses of more than $10,000 from grantmaking, fundraising, business, investment, and program service activities outside the United States, or aggregate foreign investments valued at $100,000 or more? If "Yes,"complete Schedule F, Parts I and IV , , , , , , , , , , , 14b X 15 Did the organization report on Part IX, column (A), line 3, more than $5,000 of grants or other assistance to or for any foreign organization? If "Yes"complete Schedule F, Parts 11 and IV , , , , , , , , , , , , , , , , , , , , , , 15 X 16 Did the organization report on Part IX, column (A), line 3, more than $5,000 of aggregate grants or other assistance to or for foreign individuals? If "Yes,"complete Schedule F, Parts 111 and IV , , , , , , , , , , , , , , , , 16 X 17 Did the organization report a total of more than $15,000 of expenses for professional fundraising services on Part IX, column (A), lines 6 and 110 If "Yes,"complete Schedule G, Part I (see instructions). . ........... 17 X 18 Did the organization report more than $15,000 total of fundraising event gross income and contributions on Part VIII, lines 1 c and 8a? If "Yes," complete Schedule G, Part 11 , , , , , , , , , , , , , , , , , , , , , , , , , , 18 X 19 Did the organization report more than $15,000 of gross income from gaming activities on Part Vill, line 9a? If Wes,"complete Schedule G, Part M , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , 19 X 20a Did the organization operate one or more hospital facilities? If "Yes"complete Schedule H ,,,, ,, , 20a X b If "Yes" to line 20a. did the organization attach a coov of its audited financial statements to this rPturrl? 12nhi IgA Form 990 (2014) 4E1021 1 000 K4HOOY M261 2"96 - 3 7 4, ' WATERKEEPER ALLIANCE, INC. 13-4071318 , Foran 990 (2014) Page 4 Checklist of Required Schedules continued Yes No 21 Did the organization report more than $5,000 of grants or other assistance to any domestic organization or domestic government on Part IX, column (A), line 1? if "Yes,"complete Schedule 1, Parts I and 11.......... 21 X 22 Did the organization report more than $5,000 of grants or other assistance to or for domestic individuals on Part IX, column (A), line 2? If'Yes,'complete Schedule 1, Parts I and III ........................ 22 X 23 Did the organization answer "Yes" to Part VII, Section A, line 3, 4, or 5 about compensation of the organization's current and former officers, directors, trustees, key employees, and highest compensated employees? If "Yes,'complete Schedule J ................ .............. ........ 23 X 24a Did the organization have a tax-exempt bond issue with an outstanding principal amount of more than $100,000 as of the last day of the year, that was issued after December 31, 2002? If Wes,"answerknes 24b through 24d and complete Schedule K. If No,"go to line 25a ............................. 24a X 24b b Did the organization invest any proceeds of tax-exempt bonds beyond a temporary period exception) ...... c Did the organization maintain an escrow account other than a refunding escrow at any time during the year to defease any tax-exempt bonds? .......................................... 24c 24d d Did the organization act as an "on behalf of issuer for bonds outstanding at any time during the year? ...... 25a Section 501(c)(3), 501(c)(4), and 501(c)(29) organizations. Did the organization engage in an excess benefit transaction with a disqualified person during the year? If'Yes,"complete Schedule L, Part) ............ 26al I X b Is the organization aware that it engaged in an excess benefit transaction with a disqualified person in a prior year, and that the transaction has not been reported on any of the organization's prior Forms 990 or 990 -EZ? If 'Yes," complete Schedule L, Part I ......................................... 25b X 26 Did the organization report any amount on Part X, line 5, 6, or 22 for receivables from or payables to any current or former officers, directors, trustees, key employees, highest compensated employees, or disqualified persons? If "Yes"complete Schedule L, Part lI , , , , , . , _ , , , , , , , , 26 1 X 27 Did the organization provide a grant or other assistance to an officer, director, trustee, key employee, substantial contributor or employee thereof, a grant selection committee member, or to a 35% controlled entity or family member of any of these persons? If Wes,"complete Schedule L, Part Ill..... .... 27 X - 28 Was the organization a party to a business transaction with one of the following parties (see Schedule I, Part IV instructions for applicable filing thresholds, conditions, and exceptions) - a A current or former officer, director, trustee, or key employee? If "Yes," complete Schedule L, Part IV ....... 28a X b A family member of a current or former officer, director, trustee, or key employee? If Wes," complete Schedule L, Part IV .... ... .. .... . . . ........... . .... ... . . ..... ........ 28b X c An entity of which a current or former officer, director, trustee, or key employee (or a family member thereof) was an officer, director, trustee, or direct or indirect owner? If "Yes,"complete Schedule L, Part IV......... 28c X 29 X 29 Did the organization receive more than $25,000 in non-cash contributions? If "Yes,"complete Schedule M . . . . 30 Did the organization receive contributions of art, historical treasures, or other similar assets, or qualified conservation contributions? If "Yes,"complete Schedule M ..... .............. 30 X 31 Did the organization liquidate, terminate, or dissolve and cease operations? If Wes," complete Schedule N, Parti.......................................................... 31 X 32 Did the organization sell, exchange, dispose of, or transfer more than 25% of its net assets? If "Yes," complete Schedule N, Pert lI............................................. 32 X 33 Did the organization own 100% of an entity disregarded as separate from the organization under Regulations sections 301.7701-2 and 301 7701-3? If 'Yes,"complete Schedule R Part I .................... 33 X 34 Was the organization related to any tax-exempt or taxable entity? If Wes," complete Schedule R Part Il, Ill, or IV, and Part V, line 1 . . ... ....... . . .................................. 34 X 35a X 36a Did the organization have a controlled entity within the meaning of section 512(b)(13)? , , , , , , , , , , , , , b If "Yes" to line 35a, did the organization receive any payment from or engage in any transaction with a controlled entity within the meaning of section 512(b)(13)? 1f 'Yes," complete Schedule R Part V, line 2 , 35b 36 Section 501(c)(3) organizations. Did the organization make any transfers to an exempt non -charitable related organization? If'Yes,"complete Schedule R Part V, line 2 . . ... . ........... ... . ..... 36 X 37 Did the organization conduct more than 5% of its activities through an entity that is not a related organization and that is treated as a partnership for federal income tax purposes? If "Yes"complete Schedule R, PartVI .......................................... ............... 37 X 38 Did the organization complete Schedule O and provide explanations in Schedule O for Part VI, lines 11 b and 19? Note. All Form 990 filers are required to complete Schedule O ......................... 38 X For, 990 (2014) JSA • 3 B 4E1030 1 000 K4HOOY M261 4 ' WATERKEEPER ALLIANCE, INC. 13-4071318 ' Form 990 (2014) Page 5 Statements Regarding Other IRS Filings and Tax Compliance Check if Schedule O contains a response or note to any line in this Part V .................... . Yes No la Enter the number reported in Box 3 of Form 1096 Enter •4 if not applicable, , , , , , , , , , 1a 60 b Enter the number of Forms W -2G included in line la Enter -0- If not applicable.... , ... , 11b I c Did the organization comply with backup withholding rules for reportable payments to vendors and 1c X reportable gaming (gambling) winnings to prize winners? .............................. . 2a Enter the number of employees reported on Form W-3, Transmittal of Wage and Tax Statements, filed for the calendar year ending with or within the year covered by this return 2a 0'�5 2b b If at least one is reported on line 2a, did the organization file all required federal employment tax returns? •' '� Note. If the sum of lines 1a and 2a is greater than 250, you may be required to a -file (see instructions) , , , . , 3a X 3a Did the organization have unrelated business gross income of $1,000 or more during the year? , , , , , , , , , , 3b b If "Yes," has itfiled a Form 990-T for this year? if "No" to line 3b, provide an explanation in Schedule O , . , , , 4a At any time during the calendar year, did the organization have an interest in, or a signature or other authority over, a financial account in a foreign country (such as a bank account, securities account, or other financial account)?........................................................ 4a X b If "Yes," enter the name of the foreign country 11 -------------------------------------------- ______See instructions for fling requirements for Fir10EN Form 114, Report of Foreign Bank and Financial Accounts See (FBAR).' - a 6a X Sa Was the organization a party to a prohibited tax shelter transaction at any time during the tax year? , , , , , , , , Sb X b Did any taxable party notify the organization that it was or is a party to a prohibited tax shelter transaction? 5c c If "Yes" to line 5a or 5b, did the organization file Form 8886-T? , ,, , , , , , , , , , , , , , , , , , , , , , , , , 6a Does the organization have annual gross receipts that are normally greater than $100,000, and did the organization solicit any contributions that were not tax deductible as charitable contributions? ...... , .. , . 6a X b If "Yes," did the organization include with every solicitation an express statement that such contributions or gifts were not tax deductible? , , , , , , , , , , , , , , , , , , , , , , , , , , Sb 7 Organizations that may receive deductible contributions under section 170(c). a Did the organization receive a payment in excess of $75 made partly as a contribution and partly for goods ,,�• ` '=�` s •� _ " "'' 7a X and services provided to the payor? ... . . . . . . . ........... .................... . 7b X b If "Yes," did the organization notify the donor of the value of the goods or services provided? , , . , , , .., , , , c Did the organization sell, exchange, or otherwise dispose of tangible personal property for which it was required to file Form 8282? ......................... .......... ...... 7c X d If "Yes," indicate the number of Forms 8282 filed during the year ,,,,, , , , , , , , , , , I 7d , e Did the organization receive any funds, directly or indirectly, to pay premiums on a personal benefit contract? 7e X 7f X f Did the organization, during the year, pay premiums, directly or indirectly, on a personal benefit contract? , , . , 7 g If the organization received a contribution of qualified intellectual property, did the organization file Form 8899 as required? 7h h If the organization received a contribution of cars, boats, airplanes, or other vehicles, did the organization file a Form 1098-C? 8 Sponsoring organizations maintaining donor advised funds. Did a donor advised fund maintained by the 2-2 sponsoring organization have excess business holdings at any time during the year?, , , , , , , , , , , , , , , ,, 8 9 Sponsoring organizations maintaining donor advised funds. 9a a Did the sponsoring organization make any taxable distributions under section 4966? , , , , , , , , , , , , , , , , 9b b Did the sponsoring organization make a distribution to a donor, donor advisor, or related person?, , , . , , , , 10 Section 501(c)(7) organizations. Enter a Initiation fees and capital contributions included on Part VIII, line 12 10a I b Gross receipts, included on Form 990, Part VIII, line 12, for public use of club facildies . , , 10b 11 Section 601(c)(12) organizations. Enter a Gross income from members or shareholders . ................... . . . . .. 11a b Gross income from other sources (Do not net amounts due or paid to other sources - - A r against amounts due or received from them ) , , , , , ,, , .., ,,, , , , , , , , , 11b , , . 12a Section 4947(a)(1) non-exempt charitable trusts. Is the organization filing Form 990 in lieu of Form 1041? 12a b If "Yes," enter the amount of tax-exempt interest received or accrued during the year 112bl _ .. , , , 13 Section 501(c)(29) qualified nonprofit health insurance issuers. ;-`<•.:�:. ;�_; 13a a Is the organization licensed to issue qualified health plans in more than one state? , , , , , , , , , , , , , , , , , , Note. See the instructions for additional information the organization must report on Schedule O b Enter the amount of reserves the organization is required to maintain by the states in which,i the organization is licensed to issue qualified health plans, _ , , , .. , .. _ , 13b c Enter the amount of reserves on hand , , , , , , , , , , ,, , , ,, , , , , , , , , , , , , , , 13c';;; 14a Did the organization receive any payments for indoor tanning services during the tax year?, , , , , , , , , , .., - �- 14a X 14b b If "Yes," has it filed a Form 720 to report these payments? If No, " rovrde an explanation in Schedule O W01 000 Form 990 (2014) K4HOOY M261 - - 2,9v•39 Corm 990 (2014) WATERKEEPER ALLIANCE, INC. 13-4071318 Page 6 GEM Governance, Management, and Disclosure For each "Yes" response to lines 2 through 7b below, and fora "No" response to line 8a, 8b, or 10b below, describe the circumstances, processes, or changes in Schedule O see instructions Check If Schedule O contains a response or note to any line in this Part VI ........................ n Section A. Governing Body and Management Yes No 1a Enter the number of voting members of the governing body at the end of the tax year ..... 1a If there are material differences in voting rights among members of the governing body, or if the governing = _ - body delegated broad authority to an executive committee or similar committee, explain in Schedule O - - b Enter the number of voting members Included in line la, above, who are Independent ..... lb 1 2 Did any officer, director, trustee, or key employee have a family relationship or a business relationship with any other officer, director, trustee, or key employee? ................................ 2 X 3 Did the organization delegate control over management duties customarily performed by or under the direct supervision of officers, directors, or trustees, or key employees to a management company or other person? .. 3 X 4 X 4 Did the organization make any significant changes to its governing documents since the prior Form 990 was filed?...... 6 X 5 Did the organization become aware during the year of a significant diversion of the organization's assets?.... 6 X 6 Did the organization have members or stockholders? ......... ....................... 7a Did the organization have members, stockholders, or other persons who had the power to elect or appoint one or more members of the governing body? .................................... 7a X 7b X b Are any governance decisions of the organization reserved to (or subject to approval by) members, stockholders, or persons other than the governing body? .............................. I- 8 Did the organization contemporaneously document the meetings held or written actions undertaken during the year by the following." n: a The governing body? .................................................. b Each committee with authority to act on behalf of the governing body? ...................... 8a 8b X 9 Is there any officer, director, trustee, or key employee listed in Part VII, Section A, who cannot be reached at the organization's mailing address? If "Yes,"provide the names and addresses in Schedule O ........... 1 9 1 IX Section B. Policies This Section B requests information about policies not required bv the internal Revenue Code Yea I No 10a Did the organization have local chapters, branches, or affiliates? .... ...................... 10a X b If "Yes," did the organization have written policies and procedures governing the activities of such chapters, affiliates, and branches to ensure their operations are consistent with the organization's exempt purposes? ... 10b X 11 a X Ila Has the organization provided a complete copy of this Form 990 to all members of its governing body before filing the form? . X- b Describe in Schedule O the process, if any, used by the organization to review this Form 990 12a Did the organization have a written conflict of interest policy? If "No," go to line 13 ............ .... 12a X b Were officers, directors, or trustees, and key employees required to disclose annually interests that could give rise to conflicts?' ..... . . .. ........ ....... .................. ... ... .... 12b X 12c X c Did the organization regularly and consistently monitor and enforce compliance with the policy? If "Yes," describe in Schedule O how this was done ...................................... 13 X 13 Did the organization have a written whistleblower policy? .............................. 14 X 14 Did the organization have a written document retention and destruction policy? ..... . . ....... ... . 15 Did the process for determining compensation of the following persons include a review and approval by independent persons, comparability data, and contemporaneous substantiation of the deliberation and decision? _. a The organization's CEO, Executive Director, or top management official ...................... 16a X 16b X b Other officers or key employees of the organization ........... ...................... If "Yes" to line 15a or 15b, describe the process in Schedule O (see instructions).4 16a Did the organization invest in, contribute assets to, or participate in a joint venture or similar arrangement _ with a taxable entity during the year? ......................................... 16a X J_ _ b If "Yes," did the organization follow a written policy or procedure requiring the organization to evaluate its participation in joint venture arrangements under applicable federal tax law, and take steps to safeguard the organization's exempt status with respect to such arrangements? ... ............ 16b Section C. Disclosure 17 List the states with which a copy of this Form 990 is required to be filed ►_ ATTACHMENT 1 -------------------------------- 18 Section 6104 requires an organization to make its Forms 1023 (or 1024 if applicable), 990, and 990-T (Section 501(c)(3)s only) available for public inspection Indicate how you made these available Check all that apply ❑X U Own website Another's website ❑X Upon request ❑ Other (explain in Schedule O) 19 Describe in Schedule O whether (and if so, how) the organization made its governing documents, conflict of interest policy, and financial statements available to the public during the tax year 20 State the name, address, and telephone number of the person who possesses the organizabon's books and records ► RACHEL COOK, 180 MAIDEN LANE, SORE 603, NEW YORK, NY 10038 212-747-0622 JSA 4E1042 1 000 K4HOOY M261 Form 990 (2014) :2.9v-40 Forril990 2014 WATERKEEPER ALLIANCE, INC. 13-4071318 page 7 Compensation of Officers, Directors, Trustees, Key Employees, Highest Compensated Employees, and Independent Contractors _ Check if Schedule 0 contains a response or note to any line in this Part VII ....................... ❑ Section A. Officers, Directors, Trustees, Key Employees, and Highest Compensated Employees 1a Complete this table for all persons required to be listed. Report compensation for the calendar year ending with or within the organization's tax year • List all of the organization's current officers, directors, trustees (whether individuals or organizations), regardless of amount of compensation. Enter -0- in columns (D), (E), and (F) if no compensation was paid . List all of the organization's current key employees, if any. See instructions for definition of "key employee " • List the organization's five current highest compensated employees (other than an officer, director, trustee, or key employee) who received reportable compensation (Box 5 of Form W-2 and/or Box 7 of Form 1099-MISC) of more than $100,000 from the organization and any related organizations • List all of the organization's former officers, key employees, and highest compensated employees who received more than $100,000 of reportable compensation from the organization and any related organizations • List all of the organization's former directors or trustees that received, in the capacity as a former director or trustee of the organization, more than $10,000 of reportable compensation from the organization and any related organizations List persons in the following order individual trustees or directors, institutional trustees, officers, key employees, highest compensated employees, and former such persons. ❑ Check this box if neither the organization nor any related organization compensated any current officer, director, or trustee. Jsn 4E1041 1 000 K4HOOY M261 Fomi 990 (2014) 2.go•Y/ I A (A) (a) Position (D) (E) (F) Name and rdle Average (do not Check more than one Reportable Reportable Estimated hours per boy, unless person is both an compensation compensation from amount of week gist any officer and a director/trustee) from related other hours for the organizations compensation O 3 > O m = „ related n a a organization (W-2/1099-MISC) from the organ¢Aons � ° (W-2/1099-MISC) organization, below dotted m o m 8 a and related line)organizations y, ,s v m • D -i1jROBERT-F_-KENNEDY, JR. 40_ 00 ------------------- PRESIDENT - X X 0 0 � RINK 3_ 00 -i2jGLENN-- CHAIR -------------------- - - X X 0 0 1` 00 -i3jPAUL-GALLAY _ TREASURER -------------------- -- X X 0 0 ' 3` 00 -i4jWENDY-ABRAMS-----------__________ DIRECTOR -- - X 0 0 � -t5jCASI-CALLAWAY---_ -- 3_ 00 DIRECTOR X 0 0 � 3_00 -igjKARL-COPLAN-------------------- DIRECTOR -- X 0 0 3_ 00 -i7)GREY-HECHT------------------------ DIRECTOR X 0 0 - igjMARK- MATTSON- ------------------ - - 3.00 DIRECTOR X 0 0 3_ 00 -i9jKRIS-MOORE-----_ DIRECTOR -- X 0 0 1101LESSING-STERN 3_ 00 ----------------------- DIRECTOR - - X 0 0 � 111jCHRIS-WILKE --------------------------- - DIRECTOR --3.00 X 0 0 112JTERRY-TAMMINEN- ---------------- 3.00 ------ DIRECTOR X 0 0 113jCHERYL NENN ------------------------- 3.00 ______ DIRECTOR 0 0 114JJOE-PAYNE-- ---------------- 3.00 DIRECTOR X 01 0 Jsn 4E1041 1 000 K4HOOY M261 Fomi 990 (2014) 2.go•Y/ I WATERKEEPER ALLIANCE, INC. 13-4071318 Form 990 (2014) page $ Section A. Officers. Directors. Trustees. Kev Emoiovees. and Hiahest Compensated Emnlnvees rmntnn,orn (A) (B) (C) (D) (E) (F) Name and title Average Position Reportable Reportable Estimated hours per (do not check more than one compensation compensation from amount of week Visa any box, unless person is both an from related other hoursfor officer and a diredor/tiustee) the organizations compensation 05 n 3 3 m u related organization (W-2!1099-MISC) from the organo�uons n 3 (W.211099-MISC) organization below donee w m m and related line) g m'_ 3 organizations m � m P C qnn 15) MARY BETH POSTMAN 40.00 ---------------------------------- SECRETARY ------ X 112,918. 0 0 16) MARC YAGGI 50.00 ---------------------------------- EXECUTIVE DIRECTOR ------ X 189,615. 0 24,465. 17) KELLY FOSTER 40.00 ---------------------------------- SENIOR ATTORNEY ------ X 108,966. C 24,139. 18) PETER NICHOLS 40.00 ---------------------------------- NATIONAL DIRECTOR ------ X 109,071. C 15,126. 19) PETER CLEARY 40.00 - --------------------------------- COMMUNICATIONS DIRECTOR ------ X 107,154. 0 19,699. ---------------------------------- ------ ----------------------------------- ------ ---------------------------------- ------ ---------------------------------- ------ ---------------------------------- ------ ---------------------------------- ------ Ll I 1 b Sub -total ► .. .. .. . ....... 0 0 0 627,724. 83, 429. c Total from continuation sheets to Part VII, Section A , , , , , , , , , , ► d Total add lines 1b and 1c ► 627,724. 0 83,429. z i otai number or individuals (including but not limited to those listed above) who received more than $100,000 of reportable compensation from the organization ► 5 3 Did the organization list any former officer, director, or trustee, key employee, or highest compensated on ME employee on line 1a7 If "Yes,"complete Schedule J for such individual .......................... 3 X 4 For any individual listed on line la, is the sum of reportable compensation and other compensation from the organization and related organizations greater than $150,000? If 'Yes," complete Schedule J for such individual........................................................... 4 X 6 Did any person listed on line la receive or accrue compensation from any unrelated organization or individual for services rendered to the or anization7 If °Yes,"com tete Schedule J for such person ............... . 6 X Section B. Independent Contractors 1 Complete this table for your five highest compensated independent contractors that received more than $100,000 of compensation from the organization Report compensation for the calendar year ending with or within the organization's tax year (A) I (B)I _ (C) Name and business address Description of services Compensation 2 Total number of independent contractors (including but not limited to those listed above) who received more than $100,000 in compensation from the organization ► 0 _ 4E1055 1 000 K4HOOY M261 Form 990 (2014) 0 16-y2 Form 990 (2014) WATERKEEPER ALLIANCE, INC. 13-4071318 Page 9 Statement of Revenue g2tVio any line in this Part Vill . . . . . . . . . . . . . . . . . . . . . . . . F Check if Schedule 0 contains a resm� Lr, -.i .. (A) (13) (C) (D) af Total revenue Related or U n related Revenue b Less cost or other basis exempt business excluded from tax and sales expenses . . . . tunction revenue under sections revenue c Gain or (loss) . . . . . . . 512-514 la Federated campaigns . . . . . . . . la 'X - - b Membership dues . . . . . . . . . . I b c Fundraisfng events . . . . . . . . . IS (D d Related organizations . . . . . . . . Id C a 9 Govemment grants (conlnbutions� 0 S- f All other contributions, gift, grants, A and similar amounts not included above If 9,4166,974. .44. 0 g Noncash contributions included in lines la -1t $ 10, 129, 759.1.. on I h Total. Add lines la -if . . . ... . ... . . . . . . . . . 10. - .1 .- 4", V '15, t I Business code r 2a b ca d E e f All other program service revenue . . . . . 411 X 3 Investment income (including dividends, interest, and other similar amounts) . . . . . . . . . . . . . . . . 111- 9,600. 9,680. 4 Income from investment of tax-exempt bond proceeds . 0' 0 5 Royalties . . . . . . . . . . . . . . . . . . . . . . . . 0 (i) Real (n) Personal 6a Gross rents . . . . . . . . b Less rental expenses . . . c Rental income or (loss) d Net rental income or (loss) . . . . . . . . . . . . . . 0 7a Gross amount from sales of (i) Securities (ii) Other _VV -.i .. t assets other than inventory 52,673. af J29 b Less cost or other basis ;Fr, -:-aq ®r, and sales expenses . . . . 52,673. c Gain or (loss) . . . . . . . y dNet gain or (loss) . . . . . . . . . . . . . . . . . . . . IN, 0 8a Gross income from fundraising events (not including$— 661,785. of contributions reported on line 1c) See Part IV, line 18 . . . . . . . . . . . b Less. direct expenses . . . . . . . . . . b c Net income or (loss) from fundraising events . . . . . . . 10- 9a Gross income from gaming activities See Part IV, line 19 . . . . . . . . . . . b Less direct wipenses; . . . . . . . . . . c Net income or (loss) from gaming activities . . . . . . . 110I 10a Gross sales of inventory, less retums and allowances . . . . . . . . . b Less cost of goods sold . . . . . . . . . c Net income or (loss) from sales of inventory . . . . . . . . lo- -212.714 1'1-'AA�:A-Ag�-�-�'A 1 -272.719. "Z - . �- - - -, . . ... T " . . f — -:;, : t.-- -.i .. N_ 4 32 af J29 .4k 143 2 J� c Net income or (loss) from fundraising events . . . . . . . 10- 9a Gross income from gaming activities See Part IV, line 19 . . . . . . . . . . . b Less direct wipenses; . . . . . . . . . . c Net income or (loss) from gaming activities . . . . . . . 110I 10a Gross sales of inventory, less retums and allowances . . . . . . . . . b Less cost of goods sold . . . . . . . . . c Net income or (loss) from sales of inventory . . . . . . . . lo- -212.714 1'1-'AA�:A-Ag�-�-�'A 1 -272.719. 01 1 1 "Z - . �- - - -, . . ... T " . . f — -:;, : t.-- -.i .. 4 32 af 01 1 1 Miscellaneous Revenue Business Code ?, , - -.t LICENSING FEES & OTHER REVEIME 900099 55,449.1 55,449.1 1 b c d All other revenue . . . . . . . . . . . . . e Total. Add lines 1 la -1 ld . . . . . . . . . . 12 Total revenue. See instructions . . . . . . . JSA 4E1051 1 000 K4HOOY M261 55,449. 449. Form 990 (2014) zq,o -&t -.K r7 4 af Miscellaneous Revenue Business Code ?, , - -.t LICENSING FEES & OTHER REVEIME 900099 55,449.1 55,449.1 1 b c d All other revenue . . . . . . . . . . . . . e Total. Add lines 1 la -1 ld . . . . . . . . . . 12 Total revenue. See instructions . . . . . . . JSA 4E1051 1 000 K4HOOY M261 55,449. 449. Form 990 (2014) zq,o -&t form 990 (2014) WATERKEEPER ALLIANCE, INC. 13-4071318 page 10 Statement of Functional Expenses Section 501(c)(3) and 501(c)(4) organizations must complete all columns All other organizations must complete column (A) Check If Schedule O contains a response or note to any line In this Part IX , , , , , , , , , , , , , , , , , , , , , , , , Do not include amounts reported on lines 6b, 7b, 8b 96 and 10b of Part V111.Total I (A) expenses (e) Program service expenses (c) Management and general expenses (n) Fundraising expenses 1 Grants and other assistance to domestic organizations and domestic governments See Part IV, line 21 . . . . 2 Grants and other assistance to domestic Individuals See Part IV, line 22 . . . . . . . . 3 Grants and other assistance to foreign organizations, foreign governments, and foreign Individuals See Part N, Imes 15 and 16 , , , , 4 Benefits paid to or for members , , , , , , , 6 Compensation of current officers, directors, trustees, and key employees .. .. , .. , 6 compensation not included above, to disqualified persons (as defined under section 4958(0(1)) and persons described In section 4958(c)(3)(B) . , , . , 7 Other salanes and wages , , , . , . . , , , 8 Pension plan accruals and contributions (Include section 401(k) and 403(b) employer contributions) 9 Other employee benefits . . . . . .. . . . . . 10 Payroll taxes . . . . . . . . . . . . . . . . . 11 Fees for services (non -employees) a Management . . . . . . .... . . . . . lb Legal .................... c Accounting , , , , , , , , , , , , , , , , , , d Lobbying . . . . . . . . . . . . . . . . . . e Professional fundraising services See Part IV, line 17, f Investment management fees . , _ , . . , . 9 Other (If Ins ttg amount exceeds 10% of line 25, column (A)amount. list Ins IIgexpensesonSchedule 0).... 12 Advertising and promotion _ , _ , . , , . , . . 13 Office expenses ..... ...... .... 14 Information technology. . . . . . . . . . . . 16 Royalties . . . . . . . . . . . . . . . . . . . 16 Occupancy , , , , , , , , , , , , , , , , , , 17 Travel , , , , , , , , , , , , , , , , , , , 18 Payments of travel or entertainment expenses for any federal, state, or local public officials 19 Conferences, conventions, and meetings . , , . 20 Interest , , , , , , , , , , , , , , , , , , , , 21 Payments to affiliates . . . . . . . . . . . . . 22 Depreciation, depletion, and amortization , , 23 Insurance , , , , , , , , , , , , , , , , ,29,156. 24 Other expenses Itemize expenses not covered above above (List miscellaneous expenses In line 24e If line 24e amount exceeds 10% of line 25, column (A) amount, list line 24e expenses on Schedule O) PAYROLL COSTS (SEE SCH. O) -- bWKA SUPPORT------------------ ,EDUCATIONAL -/-OUTREACH - -- ---------- -- dLITIGATION-/-REGULATION --___ e All other expenses ----------------- 25 Total functional expenses. Add Imes 1 through 24e 462,566. 462,566. - - -- .r 5, 565, 912. 5, 565, 912.- =_ • - _ _ _ - - - - 469, 251. 389, 956. 35,672. 43,623. 25,383. 21,849. 1,646. 1,888. 171, 095. --• _ _ , �, :. - 171, 095. 495, 115. 490, 564. 4,551. 170, 530. 135, 018. 20,716 14,796. 121,355. 92,669. 19,595. 9,091. 252, 632. 211, 242. 24,221. 17,169. 10,942. 10,942. 11,958. 15,316. 1,882. - 2,030,157. 1,687,097. 154,331. 188,729. 617,306. 617,306. 480,604. 479,127. 1,477. 332,818. 332,638. 180. 105, 122. 14,685. 88,695. 1,742. 11, 339, 944. 10, 512, 587. 377, 162. 450, 195. 26 Joint costs. Complete this line only if the organization reported In column (B) joint costs from a combined educational campaign and fundraising solicitation Check here Ill. I X If following SOP 98-2 (ASC 958-720) .. . 4 4E1052 1 000 K4HOOY M261 Form 990 (2014) WATERKEEPER ALLIANCE, INC. 13-4071318 Form 990 (2014) Page 11 Balance Sheet Check if Schedule O contains a response or note to any line In this Part X JSA 4E1053 1 000 K4HOOY M261 Forth 990 (2014) (A1 (B) Beginning of year End of year 1 Cash - non-interest-bearing , , , , , , , , , , , , , , , , , , , , , , , , 3,462,018. 1 751,760. 2 Savings and temporary cash investments, , , , , , , , , , , , , , , , , , 2 1,397,647. 3 Pledges and grants receivable, net , , , , , , , , , , , , , , , , , , , , , 789,100. 3 698, 832. 4 Accounts receivable, net 41, 890. 4 2,578, 5 Loans and other receivables from current and former officers, directors, = ti -_ _ trustees, key employees, and highest compensated employees Complete Part II of Schedule L , , , , , , , ,, , , , , , , , , , , , , , , , -�.____, �_�•.�` -_-'^��s_:_ 5 0 rn y v' dc , , 6 Loans and other receivables from other disqualified persons (as defined under section 4958(f)(1)), persons described in section 4958(c)(3)(B), and contributing employers and sponsoring organizations of section 501(c)(9) voluntary employees' beneficiary- organizations (see instructions) Complete Part II of Schedule L, , , , , , , , , , , 7 Notes and loans receivable, net , , , , , , , , , , , , , , , , , , • , , , , 8 Inventories for sale or use ..................... 9 Prepaid expenses and deferred charges . , . , , , , .... , , ,6J - 0 7 0 8 0 26,299. 9 58,982. 10a Land, buildings, and equipment cost or other basis Complete Part VI of Schedule D10a 323, 693. b Less* accumulated depreciation, , . , , , , , , . 101b 322, 897. 8, 049. 10c 796. C 11 346,469. 11 Investments - publicly traded securities 12 Investments - other securities See Part IV, line 11 , , , , , , , , , , , , 12 0 13 Investments - program -related See Part IV, line 11 , , , , , , , , , , , , 13 0 C 14 0 14 Intangible assets,,,,,,,,,,,,,,,,,,,,,, 15 Other assets See Part IV, line 11 33,173. 15 33,173. 16 Total assets. Add lines 1 through 15 must a ual line 34 4, 360, 529. 16 3,290,237. 17 Accounts payable and accrued expenses, , , , , , , , , , , , , , , , , , 254, 624. 17 606,638. 18 0 18 Grants payable , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , C 19 0 19 Deferred revenue 20 0 20 Tax-exempt bond liabilities , , , , , , , , , , , , , , , , , , , , C 21 0 m 21 Escrow or custodial account liability Complete Part IV of Schedule D 22 Loans and other payables to current and former officers, directors, trustees, key employees, highest compensated employees, and disqualified persons Complete Part II of Schedule L , , , , , , , , , , .. 22 0 23 Secured mortgages and notes payable to unrelated third parties , , , • • 23 0 24 0 24 Unsecured notes and loans payable to unrelated third parties • .. , , , , 25 Other liabilities (including federal income tax, payables to related third parties, and other liabilities not included on lines 17-24) Complete Part X of Schedule D , , , ,, , ,, , , , , , , , , , , , , , , , , , , , , , , , , , 25 0 26 Total liabilities. Add lines 17 through 25..254, .................. 624. 26 606f638. m m = U.Organizations c m H a Organizations that follow SFAS 117 (ASC 958), check here ► X and complete lines 27 through 29, and lines 33 and 34. 27 Unrestricted net assets 28 Temporarily restricted net assets .., 29 Permanently restricted net assets , , , , , , , , , , , , , , , , , that do not follow SFAS 117 (ASC 958), check here ► and complete lines 30 through 34. 30 Capital stock or trust principal, or current funds 31' Paid -in or capital surplus, or land, budding, or equipment fund 32 Retained earnings, endowment, accumulated income, or other funds y 117, 452. Y7 —128,811. 3, 988, 453. 28 2, 812, 410. 29 0 30 31 32 Z 33 Total net assets or fund balances4,105, 905. 33 2, 683, 599. 34 Total liabilities and net assets/fund balances.. 4,360,529.1 34 1 3,290,237. JSA 4E1053 1 000 K4HOOY M261 Forth 990 (2014) WATERKEEPER ALLIANCE, INC. 13-4071318 Form 990 (2014) Page 12 Reconciliation of Net Assets Check if Schedule O contains a response or note to any line in this Part XI ................... 1 Total revenue (must equal Part VIII, column (A), line 12) . ......... . . . ... . . . .. . 1 9, 921, 169. 2 Total expenses (must equal Part IX, column (A), line 25) , , , ,,, , , , , , , , , , , , , , , , , , 2 11,339,944. 3 Revenue less expenses Subtract line 2 from line 1 .................. . . . . .... 3 -1,418,775. 4 Net assets or fund balances at beginning of year (must equal Part X, line 33, column (A)) . , . , , 4 4,105,905. 5 Net unrealized gains (losses) on investments , , , , , , , , , ,, , , , ,, , , , , , , , , ,, , , , 6 -3,531. 6 Donated services and use of facilities . ........... . ............ . . .. . . . . 6 0 7 Investment expenses . . . . . ..................................... 7 0 g 0 8 Prior period adjustments ........................................ 9 Other changes in net assets or fund balances (explain in Schedule O) ....... . . . . . . . . . 9 0 10 Net assets or fund balances at end of year Combine lines 3 through 9 (must equal Part X, line 33, column (B)) . 10 2, 683, 599. JjMJM Financial Statements and Reporting Check if Schedule O contains a response or note to any line in this Part XII ........... . .. . ... . Yes No 1 Accounting method used to prepare the Form 990* E]Cash ❑X Accrual Other If the organization changed its method of accounting from a prior year or checked "Other," explain in Schedule O 2a Were the organization's financial statements compiled or reviewed by an independent accountant? , , . 2a X. If "Yes," check a box below to indicate whether the financial statements for the year were compiled or reviewed on a separate basis, consolidated basis, or both _- ❑ Separate basis ❑ Consolidated basis ❑ Both consolidated and separate basis b Were the organization's financial statements audded-by an independent accountant? .............. 2b X If "Yes," check a box below to indicate whether the financial statements for the year were audited on a se arate basis, consolidated basis, or both _ X Separate basis ❑ Consolidated basis ❑ Both consolidated and separate basis: - c If "Yes" to line 2a or 2b, does the organization have a committee that assumes responsibility for oversight of the audit, review, or compilation of its financial statements and selection of an independent accountant) 2c X If the organization changed either its oversight process or selection process during the tax year, explain in Schedule O 3a As a result of a federal award, was the organization required to undergo an audit or audits as set forth in the Single Audit Act and OMB Circular A-1331 ................................... 3a X b If "Yes," did the organization undergo the required audit or audds,7 If the organization did not undergo the required audit or audits, explain why in Schedule O and describe any steps taken to undergo such audits 3b Form 990 (2014) JSA 4E 7 054 1 000 K4HOOY M261 SCHEDULE A Public Charity Status and Public Support OMB No 1545-0047 (Form 990 or 990 -EZ) Complete If the organization is a section 501(c)(3) organization or a section 0 014 4947(a)(1) nonexempt charitable trust Department of the Treasury ► Attach to Form 990 or Form 990 -EZ. e . • . - Internal Revenue Service ►Information about Schedule A (Form 990 or 990 -EZ) and its instructions Is at www.irs.gov/form990. Name of the organization Employer identification number WATERKEEPER ALLIANCE, INC. 13-4071318 Reason for Public Charity Status All organizations must complete this art. See instructions The or anization Is not a private foundation because It is (For lines 1 through 11, check only one box) 1A church, convention of churches, or association of churches described in section 170(b)(1)(A)(i). 2 A school described in section 170(b)(1)(A)(ii). (Attach Schedule E ) 3 A hospital or a cooperative hospital service organization described in section 170(b)(1)(A)((ii). 4 A medical research organization operated in conjunction with a hospital described in section 170(b)(1)(A)(111). Enter the hospital's name, city, and state Ce it An organization operated for the benefit of a college or university owned or operated by a governmental unit described in section 170(b)(1)(A)(Iv). (Complete Part II ) 6A federal, state, or local government or governmental unit described in section 170(b)(1)(A)(v). 7 RX An organization that normally receives a substantial part of its support from a governmental unit or from the general public described in section 170(b)(1)(A)(vi). (Complete Part II ) 8A community trust described In section 170(b)(1)(A)(vi). (Complete Part II ) 9 An organization that normally receives (1) more than 331/3%Of Its support from contributions, membership fees, and gross receipts from activities related to its exempt functions - subject to certain exceptions, and (2) no more than 331/3%of Its support from gross Investment Income and unrelated business taxable income gess section 511 tax) from businesses acquired by the organization after June 30, 1975 See section 509(a)(2). (Complete Part III) ' 108 An organization organized and operated exclusively to test for public safety See section 509(a)(4). 11 An organization organized and operated exclusively for the benefit of, to perform the functions of, or to carry out the purposes of one or more publicly supported organizations described in section 509(a)(1) or section 509(a)(2). See section 509(a)(3). Check the box in lines 11a through 11d that describes the type of supporting organization and complete lines 11e, 11f, and 11g a ❑ Type t A supporting organization operated, supervised, or controlled by its supported organization(s), typically by giving , the supported organizabon(s) the power to regularly appoint or elect a majority of the directors or trustees of the supporting organization You must complete Part IV, Sections A and B b ❑ Type II A supporting organization supervised or controlled in connection with its supported organization(s), by having control or management of the supporting organization vested in the same persons that control or manage the supported organization(s) You must complete Part IV, Sections A and C C Type III functionally integrated A supporting organization operated in connection with, and functionally integrated with, its supported organization(s) (see instructions) You must complete Part IV, Sections A, D, and E d ❑ Type III non -functionally integrated A supporting organization operated In connection with Its supported organization(s) that is not functionally integrated The organization generally must satisfy a distribution requirement and an attentiveness requirement (see instructions) You must complete Part IV, Sections A and D, and Part V. e ❑ Check this box if the organization received a written determination from the IRS that it is a Type I, Type II, Type III functionally integrated, or Type 111 non -functionally Integrated supporting organization. (� fEnter the number of supported organizations .... . ........... . ...... . . . . . . . . . . . . . . . . . L�.J g Provide the following information about the supported orglanization(s). (1) Name of supported organization (i)) EIN (iii) Type of organization (described on Imes 1-9 above or IRC section (see instructions)) (1v) Is the organization listed in your governing document•/ (v) Amount of monetary support (see instructions) (vtl Amount of other support (see instructions) Yes No (A) (B) (C) (D) (E) Total For Paperwork Reduction Act Notice, see the Instructions for Schedule A (Form 990 or 990 -EZ) 2014 Form 990 or 990 -EZ. rsA 4EI2102o0o K4HOOY M261 .2-9b•y7 WATERKEEPER ALLIANCE, INC. 13-4071318 Schedule A (Form 990 or 990 -EI) 2014 Page 2 JIM Support Schedule for Organizations Described in Sections 170(b)(1)(A)(iv) and 170(b)(1)(A)(vi) (Complete only if you checked the box on line 5, 7, or 8 of Part I or if the organization failed to qualify under Part III If the organization fails to qualify under the tests listed below, please complete Part III.) Section A. Public Sunoort Calendar year (or fiscal year beginning in) ► (a) 2010 (b) 2011 (c) 2012 (d) 2013 (e) 2014 ( Total Public support percentage from 2013 Schedule A, Part ll, line 14 , , , , , , , , , , , , , , , , , , , 15 80.83% 16a 331/3% support test -2014. If the organization did not check the box on line 13, and line 14 is 331/3%or more, check this box and stop here. The organization qualifies as a publicly supported organization ... .............. . ► 1 Gifts, grants, contributions, and b 3311s% support test - 2013. If the organization did not check a box on line 13 or 16a, and line 15 is 331/3 % or more, check this box and stop here. The organization qualifies as a publicly supported organization .......... . . ... ► ❑ membership fees received (Do not 10% -facts -and -circumstances test - 2014. If the organization did not check a box on line 13, 16a, or 16b, and line 14 is 10% or more, and if the organization meets the "facts -and -circumstances" test, check this box and stop here. Explain in include any "unusual grants') . . . . 3, 416, 555. 2, 673, 202. 4, 004, 765. 10, 980, 966. 10,128, 759. 31, 404, 267. 15 is 10% or more, and if the organization meets the "facts -and -circumstances" test, check this box and stop here. Explain in Part VI how the organization meets the "facts -and -circumstances" test The organization qualifies as a publicly 2 Tax revenues levied for the supported organization ...... ......... ................ ...................... ► ❑ 18 Private foundation. If the organization did not check a box on line 13, 16a, 16b, 17a, or 17b, check this box and see organization's benefit and either paid instructions........................................................... ► ❑ to or expended on its behalf .. .. . 0 3 The value of services or facilities furnished by a ,governmental unit to the organization without charge .. . .. 0 3, 416, 555. 2, 873, 202. 4, 004, 785. 30, 980, 966. 10,128, 759. 31, 404, 267. 4 Total. Add Imes"I through 3 . . . . . M-=. ,;� _ 5 The portion of total contributions by each person (other than a governmental unit or publicly supported organization) included on line 1 that exceeds 2% of the amount shown on line 11, column (f). . 6 Public support. Subtract line 5 from line 4 - _ ; _ _' _, �. • :_ I , . _ - =�= i. = 8, 422, 321. - .� ,t �� �. '`'"" " 22, 901, 946. Section B. Total Su ort Calendar year (or fiscal year beginning in) ► (a) 2010 (b) 2011 (c) 2012 (d) 2013 (o)2014 (f) Total 7 Amounts from line 4 ..... ... 31 416, 555. 2, 873, 202. 4, 004, 785. l0, 980, 966. 10,128, 759. 31, 404, 267. 8 Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources , , , , , , , , , , , , , 9,680.1 9,660. 9 Net income from unrelated business activities, whether or not the business is regularly carried on ..... . .. 0 10 11 12 13 Other income Do not include gam or loss from the sale of capital assets (Explainin PartVI) . ATCH. 1 . . . 39, 023. 72, 516. 40, 254. 33,340. 55,449. 240, 582. Total support. Add lines 7 through 10 . '' '` - - - - - 31,659,529. Gross receipts from related activities, etc (see instructions) ... ............ ...... 12 First five years. If the Forth 990 is for the organization's first, second, third, fourth, or fifth tax year as a section 501(c)(3) organization, check this box and stop here ► n Section C. Computation of Public Support Percentage 14 Public support percentage for 2014 (line 6, column (f) divided by line 11, column (f)) ... , , , , _ 14 72.60% 15 Public support percentage from 2013 Schedule A, Part ll, line 14 , , , , , , , , , , , , , , , , , , , 15 80.83% 16a 331/3% support test -2014. If the organization did not check the box on line 13, and line 14 is 331/3%or more, check this box and stop here. The organization qualifies as a publicly supported organization ... .............. . ► ❑X b 3311s% support test - 2013. If the organization did not check a box on line 13 or 16a, and line 15 is 331/3 % or more, check this box and stop here. The organization qualifies as a publicly supported organization .......... . . ... ► ❑ 17a 10% -facts -and -circumstances test - 2014. If the organization did not check a box on line 13, 16a, or 16b, and line 14 is 10% or more, and if the organization meets the "facts -and -circumstances" test, check this box and stop here. Explain in Part VI how the organization meets the "facts -and -circumstances" test The organization qualifies as a publicly supported organization........................................................... ► ❑ b 10% -facts -and -circumstances test - 2013. If the organization did not check a box on line 13, 16a, 16b, or 17a, and line 15 is 10% or more, and if the organization meets the "facts -and -circumstances" test, check this box and stop here. Explain in Part VI how the organization meets the "facts -and -circumstances" test The organization qualifies as a publicly supported organization ...... ......... ................ ...................... ► ❑ 18 Private foundation. If the organization did not check a box on line 13, 16a, 16b, 17a, or 17b, check this box and see instructions........................................................... ► ❑ JSA 4E1220 2 000 K4HOOY M261 Schedule A (Form 990 or 990 -EZ) 2014 2 9 O' Y� WATERKEEPER ALLIANCE, INC. 13-4071316 Schedule A (Form 990 or 990 -EZ) 2014 Page 3 Support Schedule for Organizations Described in Section 509(a)(2) (Complete only if you checked the box on line 9 of Part I or If the organization failed to qualify under Part II. If the organization fails to qualify under the tests listed below, please complete Part II ) Ser_tinn A_ Puhiiin Sunneirt Calendar year (or fiscal year beginning In) ► (a) 2010 (b) 2011 (c) 2012 (d) 2013 (e) 2014 (f) Total payments received on securities loans, rents, royalties and Income from similar sources . . . ........ .. .. . 1 Gifts, grants, contributions, and membership fees received (Do not include any "unusual grants') section 511 taxes) from businesses acquired after June 30, 1975 , , , , _ , 1 11 Net Income from unrelated business activities not Included in line 10b, whether or not the business is regularly 2 Gross receipts from admissions, merchandise sold or services performed, or facilities 12 Other Income Do not Include gain or loss from the sale of capital assets (Explain In Part VI ) , , . , , . , , , , , furnished in any activity that is related to the 13 Total support. (Add lines 9, 10c, 11, and 12).... 14 First five years. If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a section 501(c)(3) organization, check this box and stop here. organization's tax-exempt purpose . . . . Section C. Computation of Public Support Percentage 15 Public support percentage for 2014 (line 8, column (f) divided by line 13, column (f))... . , .. , . 15 % %, .. . ............. 16 Public support percentage from 2013 Schedule A, Part III, line 15 .16 Section D. Computation of Investment Income Percenta e 17 Investment Income percentage for 2014 (line 10c, column (f) divided by line 13, column (f)) , , , , , , , , 17 % 18 Investment income percentage from 2013 Schedule A, Part III, line 17 , . , , , 18 % 19a 331/3% support tests - 2014. If the organization did not check the box on line 14, and line 15 is more than 331/30%, and line 17 is not more than 331/39h, check this box and stop here. The organization qualifies as a publicly supported organization ► b 331/3% support tests -2013. If the organization did not check a box on line 14 or line 19a, and line 16 is more than 331/3 % and line 18 is not more than 331/3 %, check this box and stop here. The organization qualifies as a publicly supported organization 110.20 R 3 Gross receipts from activities that are not an unrelated trade or business under section 513 4 Tax revenues levied for the organization's benefit and either paid to or expended on Its behalf , , , , , , 5 The value of services or facilities furnished by a governmental unit to the organization without charge , , , , , , , 6 Total. Add lines 1 through 5 , , , , , , , 7a Amounts Included on lines 1, 2, and 3 received from disqualified persons .. . . b Amounts included on lines 2 and 3 received from other than dlsqualfied persons that exceed the greater of $5,000 or 1% of the amount on line 13 for the year c Add lines 7a and 7b. . . . . . . . . . . t" _ 8 Public support (Subtract line 7c from 5ection S. Total Support Calendar year (or fiscal year beginning in) ► (a) 2010 (b) 2011 (c) 2012 (d) 2013 (e) 2014 (f) Total 9 Amounts from line 6. . . . . . . . . . . 10a Gross Income from Interest, dividends, payments received on securities loans, rents, royalties and Income from similar sources . . . ........ .. .. . b Unrelated business taxable Income (less section 511 taxes) from businesses acquired after June 30, 1975 , , , , _ , c Add lines 1 Oa and IOb , 11 Net Income from unrelated business activities not Included in line 10b, whether or not the business is regularly carriedon . • • . . . . . . . . . . . . 12 Other Income Do not Include gain or loss from the sale of capital assets (Explain In Part VI ) , , . , , . , , , , , 13 Total support. (Add lines 9, 10c, 11, and 12).... 14 First five years. If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a section 501(c)(3) organization, check this box and stop here. ^ 10.. E-1 Section C. Computation of Public Support Percentage 15 Public support percentage for 2014 (line 8, column (f) divided by line 13, column (f))... . , .. , . 15 % %, .. . ............. 16 Public support percentage from 2013 Schedule A, Part III, line 15 .16 Section D. Computation of Investment Income Percenta e 17 Investment Income percentage for 2014 (line 10c, column (f) divided by line 13, column (f)) , , , , , , , , 17 % 18 Investment income percentage from 2013 Schedule A, Part III, line 17 , . , , , 18 % 19a 331/3% support tests - 2014. If the organization did not check the box on line 14, and line 15 is more than 331/30%, and line 17 is not more than 331/39h, check this box and stop here. The organization qualifies as a publicly supported organization ► b 331/3% support tests -2013. If the organization did not check a box on line 14 or line 19a, and line 16 is more than 331/3 % and line 18 is not more than 331/3 %, check this box and stop here. The organization qualifies as a publicly supported organization 110.20 R Private foundation. If the organization did not check a box on line 14, 19a, or 19b, check this box and see instructions 10- J41 Schedule A (Form 990 or 9904 Z) 2014 4E12212 000 K4HOOY M261 29u•y9 WATERKEEPER ALLIANCE, INC. 13-4071318 Schedule A (Form 990 or 990 -EZ) 2014 Page 4 Supporting Organizations (Complete only if you checked a box on line 11 of Part[ If you checked 11a of Part I, complete Sections A and B If you checked 11 b of Part I, complete Sectionsilk and C If you checked 11 c of Part[, complete Sections A, D, and E. If you checked 11 d of Part I, complete Sections A and D, and complete Part V.) Section A. All Supporting Organizations controlled entity with regard to a substantial contributor? If "Yes," complete Part I of Schedule L (Form 990) Yes No_ = =+s•'' _ 1 Are all of the organization's supported organizations listed by name In the organization's governing documents? If "No," describe in Part VI how the supported organizations are designated If designated by If"Yes," complete Part I of Schedule L (Form 990) 8 class or purpose, describe the designation If historic and continuing relationship, explain. 1 _- 9a Was the organization controlled directly or indirectly at any time during the tax year by one or more disqualified persons as defined in section 4946 (other than foundation managers and organizations described"_ 2 Did the organization have any supported organization that does not have an IRS determination of status under section 509(a)(1) or (2)7 If "Yes," explain in Part W how the organization determined that the supported In section 509(a)(1) or (2))? If"Yes," provide detail in Part K 9a organization was described in section 509(a)(1) or (2) 2 3a Did the organization have a supported organization described in section 501(c)(4), (5), or (6)? If "Yes," answer y (b) and (c) below 3a 9c b Did the organization confirm that each supported organization qualified under section 501(c)(4), (5), or (6) and 10a Was the organization subject to the excess business holdings rules of IRC 4943 because of IRC 4943(f) satisfied the public support tests under section 509(a)(2)? If "Yes," describe in Part V/ when and how the ==_ organization made the determination 3b 10a 10b - c Did the organization ensure that all support to such organizations was used exclusively for section 170(c)(2) 3c (B) purposes? If"Yes," explain in Part Vt what controls the organization put in place to ensure such use. K4HOOY M261 ~ 4a Was an supported organization not organized in the United States ("foreign supported organization")? If y PP 9 9 (" 9 PP "Yes" and if you checked 11a or 11 b in Part1, answer (b) and (c) below 4a b Did the organization have ultimate control and discretion in deciding whether to make grants to the foreign supported organization? If "Yes," describe in Part W how the organization had such control and discretion -_ ' 2 despite being controlled or supervised by or in connection with its supported organizations 4b c Did the organization support any foreign supported organization that does not have an IRS determination under sections 501(c)(3) and 509(a)(1) or (2)? If "Yes," explain in Part VI what controls the organization used to ensure that all support to the foreign supported organization was used exclusively for section 170(c)(2)(B) purposes 4c --I --:A - - 6a Did the organization add, substitute, or remove any supported organizations during the tax year? If "Yes," answer (b) and (c) below (if applicable) Also, provide detail in Part W,, including (i) the names and EIN numbers of the supported organizations added, substituted, or removed, (n) the reasons for each such action, (iii) the authority under the organization's organizing document authorizing such action, and (iv) how the action was accomplished (such as by amendment to the organizing document). =; 5a ` b Type I or Type II only. Was any added or substituted supported organization part of a class already designated in the organization's organizing document? 6b 6c c Substitutions only. Was the substitution the result of an event beyond the organization's control? 6 Did the organization provide support (whether in the form of grants or the provision of services or facilities) to anyone other than (a) its supported organizations, (b) individuals that are part of the charitable class benefited by one or more of its supported organizations, or (c) other supporting organizations that also support or benefit one or more of the filing organization's supported organizations? If "Yes," provide detail in - Part W. c 7 Did the organization provide a grant, loan, compensation, or other similar payment to a substantial contributor (defined in IRC 4958(c)(3)(C)), a family member of a substantial contributor, or a 35 -percent controlled entity with regard to a substantial contributor? If "Yes," complete Part I of Schedule L (Form 990) 7 =+s•'' _ ...� 8 Did the organization make a loan to a disqualified person (as defined in section 4958) not described in line 7? If"Yes," complete Part I of Schedule L (Form 990) 8 :== _- 9a Was the organization controlled directly or indirectly at any time during the tax year by one or more disqualified persons as defined in section 4946 (other than foundation managers and organizations described"_ In section 509(a)(1) or (2))? If"Yes," provide detail in Part K 9a 9b b Did one or more disqualified persons (as defined in line 9(a)) hold a controlling interest In any entity in whichthe supporting organization had an interest? If"Yes," provide detail in Part W y c Did a disqualified person (as defined in line 9(a)) have an ownership interest in, or derive any personal benefit from, assets in which the supporting organization also had an Interest? If"Yes," provide detail in Part W. 9c 10a Was the organization subject to the excess business holdings rules of IRC 4943 because of IRC 4943(f) (regarding certain Type II supporting organizations, and all Type III non -functionally Integrated supporting organizations)? If"Yes," answer (b) below 10a 10b b Did the organization have any excess business holdings in the tax year) (Use Schedule C, Form 4720, to determine whether the organization had excess business holdin s) JSA Schedule A (Form 990 or 990.E2) 2014 4E1229 2 000 K4HOOY M261 WATERKEEPER ALLIANCE, INC. 13-4071318 Schedule A (Form 990 or 990 -EZ) 2014 Page 6 Supporting Organizations continued Yes , No 11 Has the organization accepted a gift or contribution from any of the following persons? a A person who directly or Indirectly controls, either alone or together with persons described in (b) and (c) _ below, the governing body of a supported organizabon 11a - b A family member of a person described in (a) above2 11b c A 35% controlled entity of a person described in a orb abovel If 'Yes" to a b, or c provide detail in Part W. 11 c Section B. Type I Supporting Organizatlons 1 Did the directors, trustees, or membership of one or more supported organizations have the power to regularly appoint or elect at least a majority of the organization's directors or trustees at all times during the tax year? If No,"describe in Part W how the supported organization(s) effectively operated, supervised,or 4 controlled the organization's activities If the organization had more than one supported organization, describe how the powers to appoint and/or remove directors or trustees were allocated among the supported L organizations and what conditions or restrictions, if any, applied to such powers during the tax year 1 2 Did the organization operate for the benefit of any supported organization other than the supported organization(s) that operated, supervised, or controlled the supporting organization If "Yes," explain in Part`4- W how providing such benefit camed out the purposes of the supported organization(s) that operated, �2 supervised, or controlled the supporting organization — Section C. Type II Supporting Organizations Yes No 1 Were a majority of the organization's directors or trustees during the tax year also a majority of the directors , or trustees of each of the organization's supported organtzabon(s)? If "No,"describe in Part Vi how control or management of the supporting organization was vested in the same persons that controlled or managed J - _ -,d the supported organizabon(s) Section D. All Type iII Supporting Organizations Yes No 1 Did the organization provide to each of its supported organizations, by the last day of the fifth month of the organization's tax year, (1) a written notice describing the type and amount of support provided during the prior tax year, (2) a copy of the Form 990 that was most recently filed as of the date of notification, and (3) copies of the organization's governing documents in effect on the date of notification, to the extent not previously -- provided? 1 :. 2 Were any of the organization's officers, directors, or trustees either (i) appointed or elected by the supported organization(s) or (h) serving on the governing body of a supported organization If "No,"explain in Part how _ the organization maintained a close and continuous working relationship with the supported organization(s) 2 3 By reason of the relationship described in (2), did the organization's supported organizations have a significant voice in the organization's investment policies and in directing the use of the organization's income or assets at all times during the tax year? if "Yes, "describe in Pant l4 the role the organization's _ - supported organizations played in this regard 3 " Section E. Type III Functionally -Integrated Supporting Organizations 1 Check the box next to the method that the organization used to satisfy the Integral Part Test during the year (see instructions): a The organization satisfied the Activities Test Complete line 2 below b P The organization is the parent of each of its supported organizations Complete line 3 below C The organization supported a governmental entity Describe in Part VI how you supported a government entity (see instructions) 2 Activities Test. Answer(a) and(b) below. Yes No a Did substantially all of the organization's activities during the tax year directly further the exempt purposes of the supported organization(s) to which the organization was responsive? If "Yes, "then in Part Vt identify ` '` - ' ''• �? those supported organizations and explain how these activities directly furthered their exempt purposes, how the organization was responsive to those supported organizations, and how the organization determined _ that these activities constituted substantially all of its activities 2a b Did the activities described in (a) constitute activities that, but for the organization's involvement, one or more ; of the organization's supported organization(s) would have been engaged in If "Yes, " explain in Part W the reasons for the organizahon's position that its supported organization(s) would have engaged in these - activities but for the organization's involvement. 2b 3 Parent of Supported Organizations Answer (a) and (b) below. a Did the organization have the power to regularly appoint or elect a majority of the officers, directors, or trustees of each of the supported organizations? Provide details in Part K 3a b Did the organization exercise a substantial degree of direction over the policies, programs, and activities of each of its supported organizations) If "Yes "describe in PartW the role playedbythe organization in this re and 3b SSA 4E 1230 2 Schedule A (Form 990 or 990 -EZ) 2014 000 K4HOOY M261 , WATERKEEPER ALLIANCE, INC. Schedule A (Form 990 or 990 -EZ) 2014 13-4071318 Page 6 ORM Type III Non -Functionally Integrated 509(a)(3) Supporting Organizations 1 Check here if the organization satisfied the Integral Part Test as a qualifying trust on Nov 20, 1970 See Instructions. All other Type III non -functionally integrated supporting organizations must complete Sections A through E Section A -Adjusted Net Income (A) Prior(B) Current Yearor Year (optional) 1 Net short-term capital gain 1 2 Recoveries of prior -year distributions 2 3 Other gross income see Instructions 3 4 Add lines 1 through 3 4 5 Depreciation and depletion 5 6 Portion of operating expenses paid or incurred for production or collection of gross income or for management, conservation, or maintenance of property held for production of Income (see instructions) 6 7 Other ex penses see Instructions 7 8 Adjusted Net Income subtract lines 5, 6 and 7 from line 4 8 Section B - Minimum Asset Amount (A) Prior Year (B) Current Year (optional) 1 Aggregate fair market value of all non -exempt -use assets (see Instructions for short tax year or assets held for part of ear) a Average monthly value of securities 1a b Average monthly cash balances 1b c Fair market value of other non -exempt -use assets 1 c d Total add Imes 1a, 1b, and 1c 1d e Discount claimed for blockage or other factors (explain in detail In Part VI 2 Acquisition indebtedness applicable to nor -exempt -use assets 2 3 Subtract line 2 from line 1d 3 4 Cash deemed held for exempt use. Enter 1-1/2% of line 3 (for greater amount, see instructions) 4 5 Net value of non -exempt -use assets subtract line 4 from line 3 5 6 Multiply line 5 by 035 6 7 Recoveries of prior -year distributions 17 8 Minimum Asset Amount add line 7 to line 6 8 j Section C - Distributable Amount _ =- =;.:- _.;:. ��;�, - Current Year 1 Adjusted net income for prior year from Section A, line 8, Column A 1 2 Enter 85% of line 1 2 - 3 Minimum asset amount for prior year from Section B, line 8, Column A 3 - 4 Enter greater of line 2 or line 3 4 6 Income tax imposed in prior year 6 = - 6 Distributable Amount Subtract line 5 from line 4, unless subject to emergency temporary reduction see instructions) - ,; ;°:r •• ' _ , 6 j - 7 Check here if the current year is the organization's first as a non -functionally -Integrated Type III supporting organization (see Instructions) Schedule A (Form 990 or 990 -EZ) 2014 JSA 4 E 1231 2 000 K4HOOY M261 2. 01 ej - 5 2- WATERKEEPER ALLIANCE, INC. 13-4071318 Schedule A (Form 990 or 990 -EZ) 2014 Page 7 MMM Type III Non -Functionally Integrated 509(a)(3) Supporting Organizations (continued) Section D - Distributions Current Year 1 Amounts paid to supported organizations to accomplish exempt purposes 2 Amounts paid to perform activity that directly furthers exempt purposes of supported organizations, in excess of Income from activity 3 Administrative expenses paid to accomplish exempt purposes of supported organizations 4 Amounts paid to acquire exempt -use assets 5 Qualified set-aside amounts nor IRS approval required) 6 Other distributions describe in Part VI See instructions 7 Total annual distributions. Add lines 1 through 6 8 Distributions to attentive supported organizations to which the organization is responsive (provide details in Part VI See instructions 9 Distributable amount for 2014 from Section C line 6 10 Line 8 amount divided by Line 9 amount n Section E - Distribution Allocations (see instructions) Excess Distributions Underdistributions Pre -2014 m Distributable Amount for 2014 1 Distributable amount for 2014 from Section C, line 6 - •- _ = '- ;'' ' 2 Underdistributions, if any, for years prior to 2014 (reasonable cause required -see instructions)- 3 Excess distributions carryover, if any, to 2014 ;,�, a b a e From 2013 -- _ f Total of lines 3a through e 9 Ito underdistributions of prior ears ' -' Applied - - -- --- " • _ - - --.-- h Applied to 2014 distributable amount I Carryover from 2009 nota plied (see instructions) j Remainder Subtract lines 3g, 3h, and 31 from 3f 4 Distributions for 2014 from Section D, line 7 g - V _ - - - " - - ' �. , ._ •, a Applied to underdistributions of prior years - _ - b Applied to 2014 distributable amount = c Remainder Subtract lines 4a and 4b from 4 6 Remaining underdistributions for years prior to 2014, If = --: any. Subtract lines 3g and 4a from line 2 (If amount greater than zero, see instructions) = -• - • _ _ 6 Remaining underdistributions for 2014 Subtract lines 3h and 4b from line 1 (if amount greater than zero, see instructions) - - - • " 7 Excess distributions carryover to 2015 Add lines 31 and 4c 8 Breakdown of line 7 - - `= - - Y� - _ J d Excess from 2013 . -_ e Excess from 2014 ........ _ -_ _ -_ -_ - _ _ Schedule A (Form 990 or 990 -EZ) 2014 JSA 4EI232 3 000 K4HOOY M261 �� O WATERKEEPER ALLIANCE, INC. 13-4071318 I' Schedule A (Forth 990 or 990-E4 2014 page 8 Supplemental Information. Provide the explanations required by Part II, line 10, Part II, line 17a or 17b; and Part III, line 12 Also complete this part for any additional information (See instructions) j ATTACHMENT 1 SCHEDULE A, PART II - OTHER INCOME j 1 DESCRIPTION 2010 2011 2012 2013 2014 TOTAL OTHER REVENUE 39,023. 72,516. 40,254. 33,340. 55,449. 240,582. TOTALS 39.023, 72.516. 40.254, 33.340, 55.449. 240.582, JSA 4121226 3 000 K4HOOY M261 Schedule A (Form 990 or 99O -M 2014 Leo- SiN SCHEDULE C Political Campaign and Lobbying Activities ;OMB"N�01S45-0047 (Form 990 or 990-E2) For Organizations Exempt From income Tax Under section 601(c) and section 527Department of the Treasury► Complete if the organization Is described below. ► Attach to Forth 990 or Form 990 -EZ. Internal Revenue Senna► Information about Schedule C (Form 990 or990-EZ) and its instructions isat www.MS.gov/form990. If the organization answered "Yes," to Form 990, Part IV, line 3, or Form 990-E7, Part V, line 46 (Political Campaign Activities), then • Section 501(c)(3) organizations Complete Parts I -A and B. Do not complete Part I -C • Section 501(c) (other than section 501(c)(3)) organizations Complete Parts I -A and C below Do not complete Part I -B i • Section 527 organizations Complete Part I -A only If the organization answered "Yes," to Form 990, Part IV, line 4, or Forth 990-E7, Part VI, line 47 (Lobbying Activities), then • Section 501(c)(3) organizations that have filed Form 5768 (election under section 501(h))• Complete Part II -A. Do not complete Part II -B • Section 501(c)(3) organizations that have NOT fled Form 5768 (election under section 501(h)) Complete Part II -B Do not complete Part 11-A If the organization answered "Yes," to Forth 990, Part IV, line 5 (Proxy Tax) (see separate Instructions) or Form 990 -EZ, Part V, line 36c (Proxy Tax) (see separate Instructions), then • Section 501(c)(4), (5), or (6) organizations Complete Part III Name of organization Employer identification number WATERKEEPER ALLIANCE, INC. 13-4071318 Complete if the organization is exempt under section 501 c or Is a section 527 organization. 1 Provide a description of the organization's direct and Indirect political campaign activities In Part IV 2 Political expenditures , , , , , , , , , , , , , , , , , , , , , , , ,, , , , , , , , , , , , , , , , ► $ 3 Volunteer hours . . .. .... .. ...... .. ............... ........... . Complete if the organization Is exempt under section 501(c)(3). 1 Enter the amount of any excise tax Incurred by the organization under section 4955, ..... 10-$ 2 Enter the amount of any excise tax incurred by organization managers under section 4955 , ► $ 3 If the organization incurred a section 4955 tax, did it file Form 4720 for this year? , , _ . , , , , , , _ HYes No 4a Was a correction made? ...................................... Yes [314o b If "Yes," describe in Part IV FUMMIM Complete if the organization is exempt under section 501(c), except section 501(c)(3). 1 Enter the amount directly expended by the filing organization for section 527 exempt function activities............................................... 10.$ 2 Enter the amount of the filing organization's funds contributed to other organizations for section 527 exempt function activities , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , 10-$ 3 Total exempt function expenditures Add lines 1 and 2 Enter here and on Form 1120-POL, line17b ............................................... ►$ 4 Did the filing organization file Form 1120-POL for this years , Yes No 6 Enter the names, addresses and employer identification number (EIN) of all section 527 -political organizations to which the filing organization made payments For each organization listed, enter the amount paid from the filing organization's funds Also enter the amount of political contributions received that were promptly and directly delivered to a separate political organization, such as a separate seareaated fund or a eolitical action committee (PACT If additional snace is needed_ nromde information in Part IV (a) Name (b) Address (c) EIN (d) Amount paid from filing organization's funds If none, enter -0- (e) Amount of political contributions received and promptly and directly ' delivered to a separate political organization If i none, enter -0- (2) (3) (4) (5) (6) For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990 -EZ. JSA 4E`1264 1 000 K4HOOY M261 Schedule C (Form 990 or 990 -EZ) 2014 Zoo -JS' Schedule C (Form 990 or 990-E2) 2014 WATERKEEPER ALLIANCE, INC. 13-4071318 Page 2 Complete if the organization is exempt under section 501(c)(3) and filed Form 5768 (election under ' section 501(h)). A Check ► if the filing organization belongs to an affiliated group (and list in Part IV each affiliated group member's name, address, EIN, expenses, and share of excess lobbying expenditures). -B Check ► if the filing organization checked boxA and "limited control" provisions apply. Limits on Lobbying Expenditures (a) Filing (b) Affiliated (The term "expenditures" means amounts paid or incurred.) organization's totals group totals 1a Total lobbying expenditures to influence public opinion (grass roots lobbying), .. , . 3,504. b Total lobbying expenditures to influence a legislative body (direct lobbying) , , . , , , 3,840. c Total lobbying expenditures (add Imes 1a and 1b) . . ............ . . .... 7,344. d Other exempt purpose expenditures ... . . .. . .. . .... . ........... 10, 246, 820. e Total exempt purpose expenditures (add lines 1c and 1d) . . .............. 10,254,164. f Lobbying nontaxable amount Enter the amount from the following table in both columns 662, 70B B. If the amount on line 1e, columna orb Is The lobbying nontaxable amount is: Not over $500,000 20% of the amount on line to Over $500,000 but not over $1,000,000 $100,000 plus 15% of the excess over $500 000 = C Over $1,000,000 but not over $1,500,000 $175,000 plus 10% of the excess over $1,000,000 - Over $1,500,000 but not over $17,000,000 $225 000 plus 5% of the excess over $1,500,000 Over $17,000,000 $1 000,000. g Grassroots nontaxable amount (enter 25% of line 1f) , ... , , , , , . .. , . , , , 165,677. h Subtract line 1g from line la If zero or less, enter -0- ................... 0 0 i Subtract line 1f from line 1c If zero or less, enter -0- ... •, ..... , ....... 0 0 j If there is an amount other than zero on either line 1h or line 1i, did the organization file Form 4720 reoortina section 4911 tax for this vear?..................................... n Yes n No 4 -Year Averaging Period Under Section 501(h) (Some organizations that made a section 501(h) election do not have to complete all of the five columns below. See the separate Instructions for lines 2a through 2f.) Lobbvino Expenditures During 4 -Year Averaoino Period Calendar year (or fiscal year (a) 2011 (b) 2012 (c) 2013 (d) 2014 (e) Total beginning in) 2a Lobbying nontaxable amount 273, 453. 295,101. 529, 130. 662, 708. 1, 760, 392. b Lobbying ceiling amount _ ;: }_ (150% of line 2a, column (e)) = - - �` • - - - = i - - - 2,640,588. c Total lobbying expenditures 2,229. 2,066. 1,820. 7,344. 13,459. d Grassroots nontaxable amount 68,363. 73,775. 132, 283. 165, 677. 440, 098. e Grassroots ceiling amount line 2d, {' - <7' tt - �. ,•:' ';- 660, 147 (150% of column (e)) - . _ f Grassroots lobbying expenditures 2,172.1 1,658. 725.1 3,504. 8,059. JSA 4E1265 1 000 K4HOOY M261 Schedule C (Form 990 or 990-E2) 2014 WATERKEEPER ALLIANCE, INC. 13-4071318 Schedule C (Form 990 or 990-E2) 2014 Page 3 Complete if the organization Is exempt under section 501(c)(3) and has NOT filed Form 5768 (election under section 501(h)). For each "Yes," response to lines 1a through 1i below, provide In Part IV a detailed (a) (b) descnption of the lobbying activity. Yes No Amount 1 During the year, did the filing organization attempt to Influence foreign, national, state or local legislation, Including any attempt to Influence public opinion on a legislative matter or referendum, through the use of a Volunteers b Paid staff or management (include .co.m.p.en.s.at.io.n in expenses reported on Imes 1c through 10? c Media advertisements? ........................................ d Mailings to members, legislators, or the public e Publications, or published or broadcast statements? ........................ f Grants to other organizations for lobbying purposes? , , , , , , , , , , , , , , , , , , , , , , g Direct contact with legislators, their staffs, government officials, or a legislative body? , h Rallies, demonstrations, seminars, conventions, speeches, lectures, or any similar means?_ , I Other activities? ........................................... i Total. Add lines 1c through 1i ................. ... 2a Did the activities in line 1 cause the organization to be not described in section 501(c)(3)? �_:,•'', "� _'_ __ b If "Yes," enter the amount of any tax incurred under section 4912 C If "Yes," enter the amount of any tax incurred by organization managers under section 4912 n= d If the filing organization incurred a section 4912 tax, did it file Form 4720 for this an ... T'- Complete if the organization Is exempt under section 501(c)(4), section 501(c)(5), or section 501 (c)(6). Yes No 1 Were substantially all (90% or more) dues received nondeductible by members?1 ................... 2 Did the organization make only in-house lobbying expenditures of $2,000 or less 2 3 Did the organization agree to carry over lobbying and political expenditures from the pnor yeah , , , , * * , 3 Complete if the organization is exempt under section 501(c)(4), section 501(c)(5), or section 601(c)(6) and if either (a) BOTH Part 111-A, lines 1 and 2, are answered "No," OR (b) Part III-A, line 3, is answered "Yes." 1 Dues, assessments and similar amounts from members 1 2 Section 162(e) nondeductible lobbying and political expenditures (do not include amounts of political expenses for which the section 527(f) tax was paid). _ a Current year................................................. 2a b Carryover from last year . .. . . . . . . . .. . .... . . .. . ... . . . .......... . .. . ... 2b c Total2c ....................................................... 3 Aggregate amount reported in section 6033(e)(1)(A) notices of no.ndeductible section 162(e) dues 3 4 If notices were sent and the amount on line 2c exceeds the amount on line 3, what portion of the - excess does the organization agree to carryover to the reasonable estimate of nondeductible lobbying and political expenditure next year , , , , , , , , , , , , , , , 4+ 5 Taxable amount of lobbying and political expenditures (see instructions) 5 Supplemental Information Provide the descriptions required for Part I -A, line 1, Part 1-13, line 4, Part I -C, line 5, Part II -A 2 (see instructions), and Part II -B, line 1 Also, complete this part for any additional information group list), Part II -A, Imes 1 and JSA Schedule C (Form 990 or 990 -EZ) 2014 4U266 2 000 K4HOOY M261 Zia- s l WATERKEEPER ALLIANCE, INC. Schedule C (Form 990 or 990 -EZ) 2014 13-4071318 I i Pace 4 1 I i 1 ' I I I i 1 1 i I 1' I k i Y i I I r 1 1 1 JSA Schedule C (Form 990 or 990 -EZ) 2014 4E 1500 1 000 K4HOOY M261 SCHEDULED (Form 990) Department of the Treasury Internal Revenue Sennce Name of the organization Supplemental Financial Statements 10- Complete if the organization answered "Yes" to Form 990, Part IV, line 6, 7, 8, 9, 10, 11a. 11b, 11c, 11d, 11e, 11f, 12a, or 12b. ► Attach to Form 990. ► Information about Schedule D (Form 990) and its instructions is at wwwJ1S.9ov1f0rm990. WATERKEEPER ALLIANCE, INC. OMB No 1545-0047 2014 13-4071318 Organizations Maintaining Donor Advised Funds or Other Similar Funds or Accounts. Complete If the organization answered "Yes" to Form 990, Part IV, line 6. (a) Donor advised funds (b) Funds and other accounts 1 Total number at end of year .......... . 2 Aggregate value of contributions to (during year) 3 Aggregate value of grants from (during year) . . 4 Aggregate value at end of year......... . 5 Did the organization Inform all donors and donor advisors in writing that the assets held in donor advised funds are the organization's property, subject to the organization's exclusive legal control? ........... ❑ Yes ❑ No 6 Did the organization inform all grantees, donors, and donor advisors in writing that grant funds can be used only for charitable purposes and not for the benefit of the donor or donor advisor, or for any other purpose conferring impermissible private benefit7...................................... U Yes LJ No Conservation Easements. Complete if the organization answered "Yes" to Form 990, Part IV, line 7 1 Purpose(s) of conservation easements held by the organization (check all that appy) Preservation of land for public use (e g , recreation or education) Preservation of a historically important land area Protection of natural habitat Preservation of a certified historic structure i Preservation of open space 2 Complete lines 2a through 2d if the organization held a qualified conservation contribution in the form of a conservation easement on the last day of the tax year a Total number of conservation easements .......................... . b Total acreage restricted by conservation easements .......... .......... . c Number of conservation easements on a certified historic structure included in (a) .... . d Number of conservation easements included In (c) acquired after 8/17/06, and not on a historic structure listed in the National Register ....................... . Held at the End of the Tax Year 2a 2b 2c 2d 3 Number of conservation easements modified, transferred, released, extinguished, or terminated by the organization during the tax year ►----------------- . 4 Number of states where property subject to conservation easement is located ► ----------------- 5 Does the organization have a written policy regarding the periodic monitoring, inspection, handling of violations, and enforcement of the conservation easements it holds? ...... ................ ❑ Yes ❑ No 6 Staff and volunteer hours devoted to monitoring, inspecting, and enforcing conservation easements during the year ► ----------------- Amount of expenses incurred in monitoring, inspecting, and enforcing conservation easements during the year pp.$ ----------------- 8 Does each conservation easement reported on line 2(d) above satisfy the requirements of section 170(h)(4)(B)(1) and section 170(h)(4)(B)(ii)7............................................. ❑ Yes 0 No 9 In Part XIII, describe how the organization reports conservation easements in Its revenue and expense statement, and balance sheet, and include, if applicable, the text of the footnote to the organization's financial statements that describes the organization's accounting for conservation easements Organizations Maintaining Collections of Art, Historical Treasures, or Other Similar Assets. Complete If,the organization answered "Yes" to Form 990, Part IV, line 8. 1a If the organization elected, as permitted under SFAS 116 (ASC 958), not to report in its revenue statement and balance sheet works of art, historical treasures, or other similar assets held for public exhibition, education, or research in furtherance of public service, provide, in Pant XIII, the text of the footnote to its financial statements that describes these items b If the organization elected, as permitted under SFAS 116 (ASC 958), to report in Its revenue statement and balance sheet works of art, historical treasures, or other similar assets held for public exhibition, education, or research in furtherance of public service, provide the following amounts relating to these items (i) Revenue included in Form 990, Part VIII, line 1 ................ .. ............ ► $-----_------: (it) Assets included in Form 990, Part .................................... ► $-----_------- 2 If the organization received or held works of art, historical treasures, or other similar assets for financial gain, provide the following amounts required to be reported under SFAS 116 (ASC 958) relating to these items. a Revenue included in Form 990, Part VIII, line 1 ................. ............... ► $ ------------- b -----_______b Assets included in Form 990, Part X ...................................... ► $ For Paperwork Reduction Act Notice, see the Instructions for Form 990. schedule D (Form 990) 2014 JSA 4E12681 000 K4HOOY M261 Z9a •S 9 WATERKEEPER ALLIANCE, INC. 13-4071318 i Schedule D (Form 990)2014 Page 2 EYM Organizations Maintaining Collections of Art, Historical Treasures, or Other Similar Assets (continued) 3 Using the organization's acquisition, accession, and other records, check any of the following that are a significant use of Its collection Items (check all that apply) a Public exhibition d R Loan or exchange programs b Scholarly research a Other c Preservation for future generations 4 Provide a description of the organization's collections and explain how they further the organization's exempt purpose in Part XIII 5 During the year, did the organization solicit or receive donations of art, historical treasures, or other similar assets to be sold to raise funds rather than to be maintained as part of the or anization's collection , , , .. , F1 Yes No Escrow and Custodial Arrangements. Complete if the organization answered "Yes" to Form 990, Part N, line 9, or reported an amount on Form 990, Part X, line 21. 1 a Is the organization an agent, trustee, custodian or other Intermediary for contributions or other assets not Included on Form 990, Part X? . ........ . ... . .............................. 0 Yes 0 No b If "Yes," explain the arrangement in Part XIII and complete the following table Amount c Beginning balance . . . . ............................1c d Additions during the year 1d e Distributions during the year ......... . .. . . ............. 1e f Ending balance ...... ............................. 1f 2a Did the organization include an amount on Form 990, Part X. line 21, for escrow or custodial account liability? YesNo b If "Yes," explain the arrangement in Part XIII Check here if the explanation has been provided in Part XIII, , Endowment Funds. Com tete if the organization answered "Yes" to Form 990, Part N, line 10 ' (a) Current year (b) Prior year (c) Two years back (d) Three years back (e) Four years back 1a Beginning of year balance , , 4, 056, 343. 1, 187, 282. 1,137, 998. 857, 031. 292, 838. b Contributions . , , , , , , , , , 8, 386, 097. 8, 458, 025. 1, 132, 000. 1, 102, 000. 1, 454, 341. c Net investment earnings, gains, and losses d Grants or scholarships , , , , , e Other expenditures for facilities and programs , , , , , , , , , , , 9, 630, 030. 5, 588, 964. 1, 082, 716. 821, 033. 890,148. f Administrative expenses g End of year balance, , , , , , 2, 812, 410. 4, 056, 343. 1, 187, 282. 1, 137, 998. 857, 031. 2 Provide the estimated percentage of the current year end balance (line 1g, column (a)) held as a Board designated or quasi -endowment ► % b Permanent endowment ► % c _ Temporarily restricted endowment ► 100.0000 % The percentages In lines 2a, 2b, and 2c should equal 100%. 3a Are there endowment funds not in the possession of the organization that are held and administered for the organization by Yes No (i) unrelated organizations , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , 3a(i) X (ii) related organizations ............... . . .............................. . 3a(ii) X b If "Yes" to 3a(li), are the related organizations listed as required on Schedule R?.. , 3b 4 Describe in Part XIII the intended uses of the organization's endowment funds Land, Buildings, and Equipment. Com tete if the or anization answered "Yes" to Form 990 Part IV, line 11a. See Form 990 Part X line 10 Description of property I (a) Cost or other basis I (b) Cost or other basks I (c) Accumulated I (d) Book value ' 1 a Land ....................- - b Buildings , , , , , , , , , , , , , , , , c Leasehold Improvements, , , , , , , , , d Equipment , , , , , , , , , , , , , , , , , 323,693. 322,897 796. e Other Total. Add Imes 1a through 1e (Column (d) must equal Form 990, Part X, column (B), line 10(c)) ...... ► 796. Schedule 0 (Forth 990) 2014 JSA 4 E 1269 1000 K4HOOY M261 �9� • �s 0 WATERKEEPER ALLIANCE, INC. 13-4071318 Schedule O (Form 990)2014 Page 3 Investments - Other Securities. Complete If the organization answered "Yes" to Form 990, Part IV, line 11b. See Form 990, Part X, line 12 (a) Description of security or category (b) Book value (c) Method of valuation (Including name of security) Cost or end -of -year market value (1) Financial derivatives ............... . . (2) Closely -held equity Interests . . .. . . ...... . (3) Other------------------------------- --tA1--------------------------------- --j8)--------------------- ------------ C (D) ------------------------------------- --�� -------------------------------- ---------------------------------- (G) ------------------------------------- --(H) ----------------------------------- Total. (Column (b) must equal Form 990, Part X. col (9) 6ne 12) 10 - vestments vestments - Program Related. Complete If the organization answered "Yes" to Form 990, Part IV, line 11c. See Form 990, Part X, line 13 (a) Description of investment (b) Book value (c) Method of valuation Cost or end -of -year market value 1 Total. (Column (b) must equal Form 990, Part X, col (6) Ane 13) 10 - Other Other Assets. Complete if the organization answered "Yes" to Form 990, Part IV, line 11d. See Form 990, Part X, line 15. (a) Description I (b) Book value Total. (Column (b) must equal Form 990, Part X, col (13) hne 15). ► Other Liabilities. Complete if the organization answered "Yes" to Form 990, Part IV, line 11e or 11f. See Form 990, Part X, line 25. 2. Liability for uncertain tax positions In Part XIII, provide the text of the footnote to the organization's financial statements that reports the � organization's liability for uncertain tax positions under FIN 48 (ASC 740) Check here if the text of the footnote has been provided in Part XIII I ^ I aE 1270 1 000 Schedule D (Form 990) 2014 K4HOOY M261 WATERKEEPER ALLIANCE, INC. 13-4071318 I Schedule D (Form 990)2014 Page 4 Reconciliation of Revenue per Audited Financial Statements With Revenue per Return. Complete if the organization answered "Yes" to Form 990, Part IV, line 12a. 1 Total revenue, gains, and other support per audited financial statements . , .... ........ 1 10, 333, 586. 2 Amounts Included on line 1 but not on Form 990, Part VIII, line 12 a Net unrealized gains (losses) on Investments -3,531,i b Donated services and use of facilities 2b c Recoveries of prior year grants 2c d Other (Describe in Part XIII) ........... . .. . . . . . . . . . . . . . 2d 415, 948 - ' e Add lines 2a through 2d . . _ _ _ _ 2e 412, 417 3 Subtract line 2e from line 1 , ,, , , ,, , , ,, , , , , , , , ,, , , , , , , . , , , , , , , , 3 9,921,169. 4 Amounts Included on Form 990, Part VIII, line 12, but not on line 1 :F a Investment expenses not Included on Form 990, Part VIII, line 7b ..... 4a- b Other (Describe in Part XIII) ,, , , , , , , , , , , , , , ,4b c Add Imes 4a and 4b .. , .... 4c 5 Total revenue Add Imes 3 and 4c. (This must a ual Form 990, Part 1, line 12) 51 9, 921, 169. Reconciliation of Expenses per Audited Financial Statements With Expenses. per Return. Complete if the organization answered "Yes" to Form 990, Part IV, line 12a. 1 Total expenses and losses per audited financial statements ........................ 1 11, 755, 892. 2 Amounts Included on line 1 but not on Form 990, Part IX, line 25 a Donated services and use of facilities 2a b Prior year adjustments 2b I .. c Other losses 2c d Other (Describe in Part XIII 2d 415, 948 .. ........................... e Add lines 2a through 2d 2e 415,948. ....................................... 3 Subtract line 2e from line 1 , , , , , , , , , , . , , .... , , , , , , , , , 3 11,339,94-4. 4 Amounts included on Form 990, Part IX, line 25, but not on line 1 = ` a Investment expenses not included on Form 990, Part VIII, fine 7b 4a b Other (Describe in Part XIII) 4b 4c ..... c Add lines 4a and 4b 5 Total expenses Add lines 3 and 4c. (This must equal Form 990 Part 1, hne 18).. .... 5 11,339,944. Supplemental Information. Provide the descriptions required for Part II, Imes 3, 5, and 9, Part Ili, lines 1a and 4, Part IV, lines 1b and 2b, Part V, line 4, Part X, line ' 2, Part XI, lines 2d and 4b, and Part XII, lines 2d and 4b Also complete this part to provide any additional information SEE PAGE 5 ------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------- ------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------- - JSA 4E1271 1 000 K4HOOY M261 Schedule 0 (Form 990) 2014 i,29U- 9Z .Schedule D (Farts 990) 2014 Cnnnhan WATERKEEPER ALLIANCE, INC. Infnrmnfinn /cnn}inijcrl) 13-4071318 I I Page 5 1 I PART V — LINE 4 I THE TEMPORARILY RESTRICTED NET ASSETS REPRESENT CONTRIBUTIONS AND GRANTS t THAT ARE RESTRICTED BY THE DONOR FOR A SPECIFIC PURPOSE OR PERTAIN TO FUTURE PERIODS (TIMING). ONCE THAT SPECIFIC PURPOSE HAS BEEN MET OR THE 1 I TIME RESTRICTION EXPIRES, THE FUNDS ARE RELEASED AND REFLECTED AS NET ASSETS RELEASED FROM RESTRICTIONS. THE FUNDS PURPOSE ARE TO FURTHER THE ! i WATERKEEPER ALLIANCE, INC.'S MISSION. PART X — LINE 2 AS OF JUNE 30, 2015, NO AMOUNTS WERE RECOGNIZED FOR UNCERTAIN INCOME TAX POSITIONS. THE ALLIANCE'S TAX RETURNS FOR THE 2012 FISCAL YEAR AND FORWARD ARE SUBJECT TO THE USUAL REVIEW BY THE APPROPRIATE AUTHORITIES. PART XI — LINE 2D DIRECT FUNDRAISING EXPENSES: 415,948. PART XII — LINE 2D a DIRECT FUNDRAISING EXPENSES: 415,948. I i I i ! I i I i i I , i I i , Schedule D (Form 990) 2014 JSP. I aEt 2261060 i K4HOOY M261 , Zqo -63 SCHEDULE F Statement of Activities Outside the United States OMB No 1545-0047 (Form 990) ► rt N 2014 Complete if the organization answered "Yes" on Form 980, Pa, line 14b, Ili, or 16. 10 -Attach to Form 990. • • • Department of the Treasury ► Information about Schedule F (Form 990) and its instructions is at wwwJrS.govNorm990. Internal Revenue Service 6 • . • Name of the organization FJ rrployer iderrbfieation number WATERKEEPER ALLIANCE, INC. 13-4071318 Form 990, Part N, line 14b 1 For grantmakers. Does the organization maintain records to substantiate the amount of its grants and other assistance, the grantees' eligibility for the grants or assistance, and the selection criteria used to award the grants or assistance? ............................................... Q Yes No 2 For grantmakers. Describe in Part V the organization's procedures for monitoring the use of its grants and other assistance outside the United States. 3 Activities Der Reason (The following Part I. line 3 table can be duplicated if additional space is needed ) (a) Region (b) Number of offices in the region (c) Number of employees, agents, and independent contractors in region (d) Activities conducted in region (by type) (e g, fundraising, program services, investments, grants to recipients located in the region) (e) If activity listed in (d) is a program service, describe specific type of service(s) in region (f) Total expenditures for and investments in region 1 EAST ASIA AND TAE PACIFIC GRANTMAKING GRANTS 6 SCHOLARSHIP 14,410. 2 MIDDLE EAST AND NORTH AFRICA GRANTMAKING SCHOLARSHIP 41,471. 3 SOUTH AMERICA GRANTMAKING GRANTS 6 SCHOLARSHIP 80,165. 4 EUROPE GRANTMAKING GRANTS 6 SCHOLARSHIP 21,423. $ CENTRAL AMERICA/CARIBBEAN GRANTMAKING GRANTS 4 SCHOLARSHIP 5,348,443. s 9 10 11 12 13 14 16 16 17 3a Sub -total.... , , , , , .7- b Total from continuation sheets to Part I . , .. , . , c Totals (add lines 3a and 3b 5,565,912.- -- f - - - - = - _ - 5,565,912., For Paperwork Reduction Act Notice, see the Instructions for Form 990. JSA 4E`1274 1 000 K4HOOY M261 Schedule F (Form 990) 2014 2-9,j -6,1 WATERKEEPER ALLIANCE, INC. 13-4071316 Schedule F (Form 990) 2014 Page 2 FSFM Grants and Other Assistance to Organizations or Entities Outside the United States. Complete if the organization answered "Yes" on Form 990, Part IV. line 15. for anv recipient who received more than $5.000 Part II can be duDlicated if additional space Is needed 2 Enter total number of recipient organizations listed above that are recognized as charities by the foreign country, recognized as tax-exempt by the IRS, or for which the grantee or counsel has provided a section 501(c)(3) equivalency letter • • , , , , . , • • , ... , , , .. , ► _ _ _ _ _ _ ___ __ _ _ _ _ 17_ - _ _ _ _ _ 3 Enter total number of other organizations or entitles ........................................ ► N Schedule F (Form 990) 2014 JSA 1 QN 4E 12751 DOD (n K4HOOY M261 0 Method 1 (a) Name of (b) IRS code (c) Region (d) Purpose of (e) Amount of (0 Manner of (g) Amount of (h) Descnption valu tiont organization section and EIN grant cash grant cash noncash of noncash (book, FMV, (If applicable) disbursement assistance assistance appraisal, other i. ,��_ .�' • r tl �,Yj . 1j: ..t` �.i P'�• 9't lir.'. 1 1' `" ' ' " • ` '•�'r'•• �. *'y • i r„il'='s'' "•"+ `"rL! y ENT. AMERICA/CARI88EAN SUPPORT 5, 348, 943. 2 r• I ! ;7'lfi.• 'ihtr°�! tr1H�n�jiTEAST ASIA/PACIFIC SUPPORT 74.410. `.t ! ' r i a'I r"r*`�'11; r '.r.lr�w3s{ fA2 -fit EUROPE/ICELAND/GREENLAND SUPPORT 21,423. 4 = '. • n '' `fr I• �'Yi. �!�• `.i .. 1:•' lr �'•f� IDDLE EAST/NORTH AFRICA SUPPORT 41,471. A1t';q, .'� v.i;:i�:- . Y• .�I,r' o •tZht'.r i' ^' u.; '�;n;,ll:iv • '? til "I -If; "" ��y� ?'r r ^ 1 1 v, :r ';v 4' . SOUTH AMERICA SUPPORT 80,155. f1 }#i,, •! ^f ,1 I ;�'�.-.i,;l"v t� .h;.:' r: S►• ala-�'i.i'F;ri ='� •',Y:i rl .f •".r r • ,� y -Sdr r' , n t:'f-y' `r `��'r'i-]a-!• 8 ;8,_ �;;;: ';. - :�.1'i 'i �_'c„!:�„i y:y{ : r. .,t .'.I oi.c•er la:lt "'- - ,1•IIr''-,: I•.r :rpt,".�v.JG' YC1�le:;1 • .. . .Irt -: I I• 1 i = l :(••• f'-� ^ •. r.L .i.0 •, ; r, I , 3; s'%5, `11�•„' , p;�.k .L r, F•I r .Z ••i?')yh.. •i -Ili�'~I :i• I ^: •° ,��Y,td �7}! M .�I I: i• `! i ?�.rw y vy�... 1f}( e4 . ,.° WI; i3l'y' � ' .r r `t •r. {• • •.rl r .�ri9"'Si {'••r "ri,'y+'l. ��� ,t, q''1�9§iiaa'vnv rytY ' •i� - i . s� rf •.18, tl , - � t 1 , ty h. 2 Enter total number of recipient organizations listed above that are recognized as charities by the foreign country, recognized as tax-exempt by the IRS, or for which the grantee or counsel has provided a section 501(c)(3) equivalency letter • • , , , , . , • • , ... , , , .. , ► _ _ _ _ _ _ ___ __ _ _ _ _ 17_ - _ _ _ _ _ 3 Enter total number of other organizations or entitles ........................................ ► N Schedule F (Form 990) 2014 JSA 1 QN 4E 12751 DOD (n K4HOOY M261 WATERKEEPER ALLIANCE, INC. 13-4071316 Schedule F (Form 990) 2014 Page 3 EM Grants and Other Assistance to Individuals Outside the United States. Complete if the organization answered "Yes" on Form 990, Part IV, line 16. Part III can be duplicated if additional space is needed (a) Type of grant or assistance (b) Region (c) Number of recipients (d) Amount of cash grant (e) Manner of cash disbursement (f) Amount of non-cash assistance (g) Description of noncash assistance (h) Method of valuation (book. FMV, appraisal, other) 1 2 3 4 5 6 7 A) 8 10 11 12 13 14 15 18 17 18 Schedule F (Form 990) 2014 JSA - -- -- ----- -- -- -- -- - - -- - - - -- - 4E12781000 - - -' - — -- -- -- K4HOOY M261 WATERKEEPER ALLIANCE, INC. 13-4071318 Schedule F (Form 990) 2014 Page 4 ORTIM Foreign Forms 1 Was the organization a U S transferor of property to a foreign corporation during the tax year? If "Yes,' the organization may be required to file Form 926, Return by a US Transferor of Properly to a Foreign Corporation (see Instructions for Farm 926) • _ , , • , , , • , , , , , • . . ...... . . . . . • , ❑ Yes 2 Did the organization have an interest in a foreign trust during the tax year? H "Yes," the organization may be required to file Form 3520, Annual Retum to Report Transactions with Foreign Trusts and Receipt of Certain Foreign Gifts, andlor Form 3520-A, Annual Information Return of Foreign Trust With a U S Owner (see Instructions for Farms 3520 and 3520-A, do not rile with Form 990) _ _ ....... , ❑ Yes 3 Did the organization have an ownership interest in a foreign corporation during the tax year? If "Yes," the organization may be required to file Form 5471, Information Retum of US Persons With Respect To Certain Foreign Corporations (see Instructions for Form 5471) , , , • , , , , , , , , , , , , , , , , , ❑ Yes 4 Was the organization a direct or indirect shareholder of a passive foreign investment company or a qualified electing fund during the tax year? If "Yes," the organization may be required to file Form 8621, Information Return by a Shareholder of a Passive Foreign Investment Company or Qualffied Electing Fund (see Instructions for Form 8621) .. . . . ... . ......... .... . . ...... . . ❑ Yes 5 Did the organization have an ownership Interest in a foreign partnership during the tax year? If 'Yes," the organization may be required to file Form 8865, Return of US Persons With Respect To Certain Foreign Partnerships (see Instructions for Form 8865) , , • , • , , , . • , • , , , , , , , . , • , , • ❑ Yes 6 Did the organization have any operations in or related to any boycotting countries during the tax yeah If "Yes," the organization may be required to file Form 5713, International Boycott Report (see Instructions for Form 5713, do not file with Form 990) , , • , • • , • , , , • • , , , • , • , , , • , , , , , , , ❑ Yes JSA 4 E 1277 1 000 K4HOOY M261 Q No No Q No Q No ❑X No No Schedule F (Form 990) 2014 Z90 '�7 WATERKEEPER ALLIANCE, INC. 13-4071318 ; Schedule F (Form 990) 2014 Page 5 Supplemental Information E Complete this part to provide the information required by Part 1, line 2 (monitoring of funds), Part I, line 3, column (f) (accounting method, amounts of Investments vs expenditures per region), Part II, line 1 (accounting method), Part III (accounting method), and Part III, column (c) (estimated number of recipients), as applicable Also complete this part to; provide any additional Information (see Instructions) PART I - LINE 2 CRITERIA FOR ALLOCATING FUNDS FOR INTERNATIONAL PROGRAM SUPPORT PROJECT: - PRIORITY OF FUNDING GIVEN TO FIRST TIME APPLICANTS. - APPLICANTSARE REQUIRED TO SUBMIT A PROPOSAL OR OTHER FORMAL REQUEST. - FUNDS REQUESTED MUST BE UTILIZED TO FULFILL OR CONTINUE COMPLIANCE OF A SPECIFIC WATERKEEPER ALLIANCE'S QUALITY STANDARD. - REPORT OF EXPENDED FUNDS WITH DOCUMENTATION REQUIRED WITHIN TWELVE i MONTHS OF GRANT ISSUANCE OR WITHIN TWO MONTHS OF EXPENSE, WHICHEVER COMES E FIRST.- - t - GRANTS CHANNELED FROM WKA FROM OUTSIDE FUNDERS ARE REQUIRED TO COMPLY WITH ADDITIONAL REPORTING IN ACCORDANCE WITH FUNDER RULES. E I JSA Schedule F (Form 990) `2014 4E1502 1 000 K4HOOY M261 I SCHEDULE G (Form 990 or 990 -EZ) Department of the Treasury Internal Revenue Service Name of the orgamzatron Supplemental Information Regarding Fundraising or Gaming Activities Complete If the organization answered "Yes" to Forth 990, Part IV, lines 17, 18, or 19, or it the organization entered more than $15,000 on Form 990-E7, line lia. ► Attach to Form 990 or Form 990-FZ ► Information about Schedule G (Form 990 or 990 -EZ) and its instructions is at www Irs.gov/form990. WATERKEEPER ALLIANCE, INC. I OMB No 1545-0047 2014 Employer identification number 13-4071318 Fundraising Activities. Complete if the organization answered "Yes" to Form 990, Part IV, line 17. Form 990 -EZ filers are not required to complete this part 1 Indicate whether the organization raised funds throughan of the following activities Check all that apply j a X Mail solicitations e X Solicitation of non-government grants b X Internet and email solicitations f Solicitation of government grants C Phone solicitations g X Special fundraising events d X In-person solicitations ' 1 2a Did the organization have a written or oral agreement with any individual (including officers, directors, trustees or key employees listed in Form 990, Part VII) or entity in connection with professional fundraising services'? 0 Yes ❑ No b If "Yes," list the ten highest paid individuals or entities (fundraisers) pursuant to agreements under which the fundraiser is to be compensated at least $5.000 by the organization (v) Amount paid to (I) Name and address of individual 3 List all states in which the organization is registered or licensed to solicit contributions or has been notified It Is exempt from registration or licensing. AL,AK,AZ,AR,CA,CO,CT,DC,FL,GA,HI,IL, KS,KY,LA,ME,MD,MA,MI,MN,MS,MO,MT,NE,NV,NH,NJ,NM,NY,NC,ND,OH, i OK,OR,PA,RI,SC,SD,TN,TX,UT,VA,WA,WV,WI, For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990 -EL Schedule G (Form 990 or 990-M 2014 JSA 4E1281 1 e00 K4HOOY M261 -- -- 2-w 6 9 (III) Did fundraiser have pvf Gross receipts (or retained (w) Amount pard to or entity (fundraiser) rr Activit �) y custody or contrd of y contributions') from activity fundraiser fisted in ed)i (or retained try) organization col (1) Yes No 1 PR/ EVENT CW & CO. PRODUCTION X 1 784,126 74,277 784,126. 2 GGD ENTERTAINMENT FUNDRAISING X 1,000 15,150 1,000. 3 RH DEVELOPMENT FUNDRAISING X 5,000 20,000 5,000. 4 ROBBINS KERSTEN DIRECT DIRECT MAIL X 366,846 36,668 366,848. 5 GROUP 3 HOLDINGS FUNDRAISING X 25,000 6 7 ; 8 9 ; 10 Total ► 1,156, 974 171, 095 1,156, 97,4 . 3 List all states in which the organization is registered or licensed to solicit contributions or has been notified It Is exempt from registration or licensing. AL,AK,AZ,AR,CA,CO,CT,DC,FL,GA,HI,IL, KS,KY,LA,ME,MD,MA,MI,MN,MS,MO,MT,NE,NV,NH,NJ,NM,NY,NC,ND,OH, i OK,OR,PA,RI,SC,SD,TN,TX,UT,VA,WA,WV,WI, For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990 -EL Schedule G (Form 990 or 990-M 2014 JSA 4E1281 1 e00 K4HOOY M261 -- -- 2-w 6 9 . WATERKEEPER ALLIANCE, INC. 13-4071318 Schedule G (Form 990 or 990 -EZ) 2014 Page 2 j Fundraising Events. Complete if the organization answered "Yes" to Form 990, Part IV, line 18, or reported more than $15,000 of fundraising event contributions and gross Income on Form 990 -EZ, Imes 1 and 6b List events with , gross receipts greater than $5,000 (a) Event #1 (b) Event #2 (e) Other events (d) Total events CELEB SKI KEEP IT CLEAN 2 . (add Col (a) through C01. (C)) (event type) (event type) (total number) N 5 1 Gross receipts , , 442, 243. 254, 759. 107, 891. 804, 893. , . , , , , , , 2 Less Contributions 333, 265. 233, 520. 95,000. 661, 785. 3 Gross income (line i minus line 2) ........:..... .. . 108, 978. 21,239. 12,891. 143,108. 4 Cash pnzes........ .... . 6 Noncash prizes, , , , , _ _ . , , , 6 Rent/facility costs c m , , , , , . , , , >Z w 7 Food and beverages . , , . , , , , , 42,928. 18,500. 61,428. 0 8 Entertainment , , , , , , , , , , , I 9 Other direct expenses , , , , , , , , 199, 118. 86, 707. 68,695. 20. 354, 51 10 Direct expense summary Add lines 4 through 9 in column (d) , , , , , , . . , ...... , . ► 415, 948. 11 Net income summary Subtract line 10 from line 3, column d . ► —272,840. Gaming. Complete if the organization answered "Yes" to Form 990, Part IV, line 19, or reported more than $15,000 on Form 990-E2, line 6a i 41 (a) Bingo (b) Pull tabs/instant bingo progressive bingo lc) Other gaming (d) Total gaming (add Col (a) through Col (c)) m a� 1 Gross revenue N 2 Cash prizes N C X3 Noncash prizes .......... . w V 4 Rent/facility costs 5 Other direct expenses , , i LH Yes °/ Yes % Yes % 6 Volunteer labor . . . . No No No .. - 7 Direct expense summary Add lines 2 through 5 in column (d)1111...................... 8 Net gaming Income summary Subtract line 7 from line 1, column (d) ................. 10- 9 9 Enter the state(s) in which the organization conducts gaming activities a is the organization licensed to conduct gaming activities in each of these states, . ... . ......... . . Yes Lj No b If "No," explain 1 10 a Were any of the organization's gaming licenses revoked, suspended or terminated during the tax year?.. . . Yes Lj No b If "Yes," explain Schedule G (Form 990 or 990 -EZ) 2014 JSA 4E1282 1 000 K4Ii00Y M261 WATERKEEPER ALLIANCE, INC. 13-4071318 Schedule G (Form 990 or 990-EZ)2014 Page 3 11 Does the organization conduct gaming activities with nonmembers? ............. ........ Lj Yes U No 12 Is the organization a grantor, beneficiary or trustee of a trust or a member of a partnership or other entity formed to administer charitable gaming? . .. .... .. ................... .. . .. ❑Yes ❑ No 13 Indicate the percentage of gaming activity conducted in a The organization's facility , , , , , , , ... 113a % b An outside facility ............................................. 13b % 14 Enter the name and address of the person who prepares the organization's gaming/special events books and records Name ► ---------------------------------------------------------------------------------- Address ► -------------------------------------------------------------------------------- 15 a Does the organization have a contract with a third party from whom the organization receives gaming revenue? . .......... .. ..... .... .............. . ...... .. ......... ❑Yes ❑ No b If "Yes," enter the amount of gaming revenue received by the organization ► $--------------- and the amount of gaming revenue retained by the third party ► $ ................ c If "Yes," enter name and address of the third party Name it ---------------------------------------------------------------------------------- Address ► -------------------------------------------------------------------------------- 16 Gaming manager information Name ► ---------------------------------------------------------------------------------- Gaming manager compensation ► $ ............... Description of services provided ►------------------------------------__-_--_---- ❑ Director/officer ❑ Employee ❑ Independent contractor 17 Mandatory distributions a Is the organization required under state law to make charitable distributions from the gaming proceeds to retain the state gaming license? . . ...... ... . .. ..... .... . . . . . . . . . . . . . . . . . . . . . ❑Yes ❑ No b Enter the amount of distributions required under state law to be distributed to other exempt organizations or spent in the organization's own exempt activities during the tax year ► $ - Supplemental Information. Provide the explanation required by Part I, line 2b, columns (ill) and (v), and Part III, lines 9, 9b, 10b, 15b, 15c, 16, and 17b, as applicable. Also provide any additional information (see instructions). JSA 4 E 1503 2 000 Schedule G (Form 990 or 990 -EZ) 2014 K4HOOY M261 ------ — --- — — - 2.90 - V SCHEDULEI (Form 990) Department or the Treasury Internal Revenue Service - Grants and Other Assistance to Organizations, Governments, and Individuals in the United States Complete if the organization answered "Yes" to Form 990, Part IV, line 21 or 22. ► Attach to Form 990. ► Information about Schedule I (Form 990) and its Instructions is at www.1rs.gov11orn OMB No 1545-0047 20014 name m [ne organization Employer Identification number WATERKEEPER ALLIANCE, INC. 13-4071318 General Information on Grants and Assistance 1 Does the organization maintain records to substantiate the amount of the grants or assistance, the grantees' eligibility for the grants or assistance, and the selection criteria used to award the grants or assistance? , , , , , , , , , , , , , , , , , , , , , , , , ,,,, , , , , ... FX Yes No 2 Describe in Part IV the organization's procedures for monitoring the use of grant funds in the United States EM Grants and Other Assistance to Domestic Organizations and Domestic Governments. Completed the organization answered "Yes" to Form 990, Part IV, line 21, for any recipient that received more than $5,000. Part II can be duplicated if additional space is needed. 1 (a) Name and address of organization or government (b) EIN (c) IRC section d applicable (d) Amount of cash grant (e) Amount of non- rash assrstenee (1) Method of valuation (book. FMV, appraisal, MV (9) Description of non-cash assistance (h) Purpose of grant or assistance 1 YADKIN RIVERKEEPER, INC. 26-1874687 501(C)(3) 190,459. SCHOLARSHIP i GRANT 308 N.PATTERSON AVE. 2 WESTERN NORTH CAROLINA ALLIANCE 56-1422691 501(C)(3) 7,126. GRANT 29 N. MARKET ST. ASHEVILLE, NC 28801 $ WACCAmAW RIVERKEEPER 57-1118288 501(C)(3) 20,615. GRANT P.O. BOX 261954 CONWAY, SC 29528 4 CATAWBA RIVERKEEPER FOUNDATION 56-2034780 501(C)(3) 6,636. SCHOLARSHIP c GRANT 421 MINUTE LN. CHARLOTTE, NC 28217 5 RIVERKEEPER, INC. 13-3204621 501(C)(3) 20,000. GRANT 20 SECOR ROAD OSSINING, NY 10562 () HAW RIVER ASSEMBLY 58-1510282 1501(C)(3) 8,333. SCHOLARSHIPS 6 GRAN'' P.O. BOX 187 BYNUM, NC 27228 LOS ANGELES WATERKEEPER 95-4444787 501(C)(3) 5,250. GRANT 120 BROADWAY STE 105 SANTA MONICA, CA 90401 $ NEUSE RIVERKEEPER FOUNDATION 56-1281376 501(C)(3) 11,890. GRANT P.O. BOX 15451 NEW BERN, NC 28561 9 PAMLICO-TAR RIVER FOUNDATION 58-1475258 501(C)(3) 7,447. GRANT P.O. BOX 1854 WASHINGTON, NC 27889 10PACIFIC ENVIRONMENT 94-2628924 501(C)(3) 38,625. GRANT 369 PINE STREET SAN FRANCISCO, CA 94104 11 SAVANNAH RIVERKEEPER 58-2630660 501(C)(3) 30,050. SCHOLARSHIP i GRANT PO BOX 14908 AUGUSTA, GA 30919 12 CAPE FEAR RIVER WATCH 58-2121884 501(C)(3) 1 21,650. SCHOLARSHIP d GRANT 617 SURREY STREET WILMINGTON, NC 28401 z t_nter total number of section bu1(c)(3) and government organizations listed in the line 1 table , .... _ ► 3 Enter total number of other organizations listed In the line 1 table . ► N I For Paperwork Reduction Act Notice, see the Instructions for Form 990. Schedule 1 (Form 990) (2014) CSSA _ - - - -- --- -- — - - - - - -- - 4E12881000 J K41100Y M261 1 I , SCHEDULE I Grants and Other Assistance to Organizations, OMB No 1545-0047 (Form 990) Governments, and individuals in the United States 2014 Complete if the organization answered "Yes" to Form 990, Part IV, line 21 or 22. i Department of the Treasury ► Attach to Form 990. • Internal Revenue Service ► Information about Schedule I (Form 990) and its instructions is at www.Jrs.gov11brm990. ' Name of the organization Employer Identification number WATERKEEPER ALLIANCE, INC. 13-4071318 General Information on Grants and Assistance 1 Does the organization maintain records to substantiate the amount of the grants or assistance, the grantees' eligibility for the grants or assistance, and the selection criteria used to award the grants or assistance , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , 0 Yes No 2 Descnbe In Part IV the organization's procedures for monitoring the use of grant funds in the United States EM Grants and Other Assistance to Domestic Organizations and Domestic Governments. Complete if the organization answered "Yes" to Form 990, Part IV, line 21, for any recipient that received more than $5,000. Part II can be duplicated if additional space is needed. 1 (a) Name and address of organization or government (b) EIN (c) IRC section d applicable (d) Amount of cash grant (e) Amount of non- rash as (f) Method of valuation (book FMV, appraisal, non-cashcassistance Purpose (h) or assistance grant 1 SNAKE RIVER WATERKEEPER 47-1608920 501(C)(3) 8,745. SCHOLARHSIP 6 GRANT 2123 N. 16TH STREET BOISE, ID 83102 2 SOUND RIVERS 58-1475258 501(C)(3) 6,003. GRANT PO BOX 1854 WASHINGTON, NC 27889 3 FLINT RIVERKEEPER INC 26-3179215 501(C)(3) 7,200. SCHOLARSHIP 6 GRANT 211 JEFFERSON STREET ALBANY, GA 31701 4 MASSACHUSETTS BAYKEEPER INC 45-3414361 501(C)(3) 6,782. GRANT PO BOX 651 WATERTOWN, MA 02471 rj KENTUCKY RIVERKEEPER 26-0037087 501(C)(3) 6,000. GRANT PO BOX 1296 RICHMOND, KY 40416 6 7 8 9 10 11 12 2 Enter total number of section 501(c)(3) and government organizations listed in the line 1 table ► 17. N 3 Enter total number of other organizations listed in the line 1 table , , ► D For Paperwork Reduction Act Notice, see the Instructions for Form 99D. Schedule I (Form 990) (2014) _ c _ - - -- JSA- _W 4E12881000 - Y - K4HOOY M261 WATERKEEPER ALLIANCE, INC. 13-4071318 Schedule I (Form 990) (2014) page 2 EM Grants and Other Assistance to Individuals In the United States. Complete if the organization answered "Yes" on Form 990, Part IV, line 22 Part III can be duplicated If additional space is needed (a) Type of grant or assistance (b) Number of recipients (c) Amount of cash grant (d) Amount of non-cash assistance (e) Method of valuation (book, FMV, appraisal, other) (t) Description of non-cash assistance 1 - 2- 3 4 6 6 7 ti� Supplemental Information. Complete this part to provide the Information required in Part I, line 2, Part III, column (b), and any other additional information PART I - LINE 2 WE MONITOR THE USE OF FUNDS IN THE UNITED STATES BY REQUIRING REPORTS FROM EACH GRANTEE DETAILING THE ACTIVITIES AND ACCOMPLISHMENTS GENERATED BY THE FUNDS. IN THE CASE OF CAPITAL EXPENDITURES, WE ADDITIONALLY REQUIRE DOCUMENTATION OF PURCHASE. Schedule 1 (Form 990) (2014) c Jam+ _ _4E1504-1000------ -C K4HOOY M261 SCHEDULEJ Compensation Information (Form 990) For certain Officers, Directors, Trustees, Key Employees, and Highest Compensated Employees ► Complete if the organization answered "Yes" on Fonn 990, Part IV, line 23. Department of the Treasury ► Attach to Form 990. Internal Revenue Seroce ► Information about Schedule J (Form 990) and its Instructions is at wwwJrs.gov11brm990. OMB No 1545-0047 20014 Name of the organization Employer idenbflcation number WATERKEEPER ALLIANCE, INC. 13-4071316 Com 1 a Check the appropriate box(es) if the organization provided any of the following to or for a person listed in Form 990, Part VII, Section A, line 1a Complete Part III to provide any relevant information regarding these items First-class or charter travel Housing allowance or residence for personal use Travel for companions Payments for business use of personal residence Tax indemnification and gross -up payments Health or social club dues or initiation fees Discretionary spending account Personal services (e g., maid, chauffeur, chef) b 2 3 4 a b C 6 a b 6 a b 7 8 9 If any of the boxes on line la are checked, did the organization follow a written policy regarding payment or reimbursement or provision of all of the expenses described above? If "No," complete Part III to explain ......... .. .... . , Did the organization require substantiation prior to reimbursing or allowing expenses incurred byall directors, trustees, and officers, including the CEO/Executive Director, regarding the items checked in line 1a?........................................................... Indicate which, if any, of the following the filing organization used to establish the compensation of the organization's CEO/Executive Director Check all that apply Do not check any boxes for methods used by a related organization to establish compensation of the CEO/Executive Director, but explain in Part III Compensation committee Written employment contract Independent compensation consultant Compensation survey or study Form 990 of other organizations X Approval by the board or compensation committee During the year, did any person listed in Form 990, Part VII, Section A, line 1a, with respect to the filing organization or a related organization Receive a severance payment or change -of -control payment? .......... . ................. Participate in, or receive payment from, a supplemental nonqualified retirement plan .............. . Participate in, or receive payment from, an equity -based compensation arrangement? .............. . If "Yes" to any of lines 4a -c, list the persons and provide the applicable amounts for each item in Part III Only section 501(c)(3), 501(c)(4), and 501(c)(29) organizations must complete lines 5-9. For persons listed In Form 990, Part VII, Section A, line 1a, did the organization pay or accrue any compensation contingent on the revenues of The organization ........ ........ ....... ........................... . Any related organization .............................................. . If "Yes" to line 5a or 5b, describe in Part III For persons listed in Form 990, Part VII, Section A. line 1 a, did the organization pay or accrue any compensation contingent on the net earnings of The organization ........ ...... ........... ......................... . Any related organization .... .......................................... . If "Yes" to line 6a or 6b, describe in Part III For persons listed in Form 990, Part VII, Section A, line la, did the organization provide any non -fixed payments not described in lines 5 and 6? If "Yes," describe in Part III ....................... . Were any amounts reported in Form 990, Part VII, paid or accrued pursuant to a contract that was subject to the initial contract exception described in Regulations section 53 4958-4(a)(3)? If "Yes," describe inPart III ....................................................... 8 X If "Yes" to line 8, did the organization also follow the rebuttable presumption procedure described in Reaulations section 53 4958-8(c)9 y Schedule J (Form 990) 2014 Yes No lb I 2 a 4a � X 4b X 4c X a 5a X Sb X 3 , ser X 6b X X For Paperwork Reduction Act Notice, see the Instructions for Fonio 990. JSA 4E1290 1 000 K4HOOY M261 ,2- 9' a - 7-5 WATERKEEPER ALLIANCE, INC. 13-4071318 Schedule J (Form 990) 2014 Page 2 1710 Officers, Directors, Trustees, Key Employees, and Highest Compensated Employees. Use duplicate copies if additional space is needed. For each Individual whose compensation must be reported In Schedule J, report compensation from the organization on row (Q and from related organizations, described In the Instructions, on row (it) Do not list any individuals that are not listed on Form 990, Part VII Note. The sum of columns (B)(i)-(ill) for each listed individual must equal the total amount of Form 990, Part VII, Section A, line 1a, applicable column (D) and (E) amounts for that Individual (A) Name and Title (B) Breakdown of W-2 and/or 1099-MISC compensation (C) Retirement and (D) Nontaxable (E) Total of columns (F) Compensation (r) Base (ri) Bonus & incentive (ill) other other deferred benefits (B)(r)-(D) in column (B) reported compensation compensation reportable compensation as deferred In prior compensation Form 990 MARC YAGGI 1EXECUTIVE DIRECTOR (1) II 189,615. 24,465 214,080. 2 (n (I 3 In 001 a 11! u 5 11) Il 6 (I) it (1) A 8 (1) ii 9 11) 00 10 (1) Ii 11 p1 II 12 19 it 13 (i) 14 11) 1 1s lil u 16 PI it JSA _ 4E1291 1 000 K4HOOY M261 -- Schedule J (Form 990) 2014 I WATERKEEPER ALLIANCE, INC. 13-4071318 Schedule J (Form 990) 2014 Page 3 Supplemental information Complete this part to provide the Information, explanation, or descriptions required for Part I, lines 1a, 1b, 3, 4a, 4b, 4c, 5a, 5b, 6a, 6b, 7, and 8, and for Part il. Also complete this part for anv additional information —NP , 0 v Schedule J (Form 990) 2014__ JSA 4EIM 1 000 K4HOOY M261 i • i SCHEDULE O Supplemental Information to Form 990 or 990-EZ OMB No 1545-0047 (Form 990 or 990-EZ) 2014 Complete to provide information for responses to specific questions on i Department or the Treasury Form 990 or 990-EZ or to provide any additional information. N N • Internal P&mueSerNce ►Attach to Form 990 or 990-EZ. Name of the amanaaaon Employer Identification number WATERKEEPER ALLIANCE, INC. 13-4071318 PART III - LINE 1 WATERKEEPER ALLIANCE, INC. IS A GLOBAL ENVIRONMENTAL ORGANIZATION UNITING I MORE THAN 250 WATERKEEPER ORGANIZATIONS AROUND THE WORLD AND FOCUSING CITIZEN ADVOCACY ON THE ISSUES THAT AFFECT OUR WATERWAYS, FROM POLLUTION TO CLIMATE CHANGE. WATERKEEPERS PATROL MORE THAN 100,000 MILE OF RIVERS, STREAMS AND COASTLINES IN THE AMERICAS, EUROPE, AUSTRALIA, ASIA AND AFRICA. PART SCIENTIST, TEACHER, AND LEGAL ADVOCATE, WATERKEEPERS COMBINE FIRSTHAND KNOWLEDGE OF THEIR WATERWAYS WITH AN UNWAVERING COMMITMENT TO THE RIGHTS OF THEIR COMMUNITIES AND TO THE RULE OF LAW. WHETHER ON THE WATER, IN A CLASSROOM, OR IN A COURTROOM, WATERKEEPERS SPEAK FOR THE WATERS THEY DEFEND - WITH THE BACKING OF THEIR LOCAL COMMUNITY AND THE COLLECTIVE STRENGTH OF WATERKEEPER ALLIANCE. WATERKEEPER ALLIANCE ENSURES THAT THE WORLD'S WATERKEEPERS ARE AS CONNECTED TO EACH OTHER AS THEY ARE TO THEIR LOCAL WATERS, ORGANIZING THE i FIGHT FOR CLEAN WATER INTO A COORDINATED GLOBAL MOVEMENT AND PROVIDING A WAY FOR COMMUNITIES TO STAND UP FOR THEIR RIGHT TO CLEAN WATER AND FOR THE WISE AND EQUITABLE USE OF WATER RESOURCES, BOTH LOCALLY AND GLOBALLY. THE VISION OF THE WATERKEEPER MOVEMENT IS FOR FISHABLE, SWIMMABLE AND DRINKABLE WATERWAYS WORLDWIDE. OUR MISSION IS TO SUPPORT AND EMPOWER MEMBER WATERKEEPER ORGANIZATIONS TO PROTECT COMMUNITIES, ECOSYSTEMS AND WATER QUALITY; PROMOTE THE WATERKEEPER MODEL FOR WATERSHED PROTECTION , WORLDWIDE; AND ADVOCATE FOR ISSUES COMMON TO WATERKEEPER PROGRAMS. PART I III - LINE 9A WATERKEEPER SUPPORT: WATERKEEPER ALLIANCE CONNECTS OVER 220 (AND GROWING) INDIVIDUAL WATERKEEPER ORGANIZATIONS TO EACH OTHER AND �q 0 ? For Privacy Act and Paperwork Reduction Act Notice, see the Instructions for Forth 990 or 990-E7- Schedule O (Form 990 or 990-EZ) (2014 JSA 4E 1227 1 000 K4HOOY M261 DISTRICT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Emergency Services District Board of Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: John King, Director of Emergency Services , FROM: Brian Burkeen, Assistant Chief DATE: September 23, 2016 SUBJECT: Approval of Work Order No.2 for Fire -Rescue Station #15 (9470 County Road 512) It is respectfully requested that the information contained herein be given formal consideration by the Emergency Services District Board of Commissioners. DESCRIPTION: Staff is recommending approval of Work Order No. 2 as attached to continue with the installation of the modular building for Fire -Rescue Station #15 (9470 County Road 512). Continuing with the Board approved Professional Design/Build Services Agreement with Barth Construction; the attached summary outlines costs of $69,152.00. FUNDING: Funding is to be derived from Emergency Services District budget. ITEM Amount TAccount Number Station #15 Modular $69,152.00 11412022-066510-16026 RECOMMENDATION: Staff recommends approval of Work Order No.2 for the modular building for Fire Station #15. ATTACHMENTS: 1. 2 Copies of Work Order No. 2 2. Station 15 Temporary Trailer Proposal from Barth Construction, Inc. APPROVED FOR AGENDA FOR: BY: J+o» E. Brown ou Administrator Indian River County Ap ved Date TAdministrator�i l Legal Budget Risk Management ' Department 290 I BARTH Construction, Inc. General Contractor CGCO07847 September 23, 2016 John King Indian River County Emergency Services 4225 43 rd Avenue Vero Beach, Florida, 32960 Re: Station # 15 -Temporary Trailer Construction Proposal Mr. King, We are pleased to present to you our proposal to connect utilities to the Temporary Trailer at Fire Station #15 in the amount of $69,152 . This proposal includes connecting Water, Sewer, Fire, Electric and telecom services to the trailer. We have also included the permit costs for the trailer. We have excluded any fire suppression or fire sprinkler work inside the trailer as well as any work associated with the station alert system or radios. This proposal is further clarified on the attached. Thank you P Jason Fykes Barth Construction, Inc. 1717 Indian River Boulevard *Suite 202A *Vero Beach, Florida 32960 Phone: (7,72) 778-3072 * Fax: (772) 770-3017 E-mail: infoCiiibailh-construction.com * Internet: www.barthconstruction.com HACurrent Projects\IRC Fire Stations 2011\IRC Station #15\Fire Station 15 proposal 9.23.16.docx 291 Fire Station #15 -Temp trailer 0 DAYS Sq.Footage EStiMate 0 WEEKS 0 Months e, Z. bT& General CouftionsBarth Construction 1010 Eaulpratent Rental 0.00 ' 1013 Crane Rental 1020 field Suenvision20 hours 1,500 3,000 -f2500 0-0 Project management 30 hours E ..3,000 0�00 Profect nistartor Proiect Accounting 0:0 '0.00 1030 Trailer Rental 1031 TMp. Water 1032 Tem p. Power 0.00 . . . . . . . . . . . 1033 Telephone 100 .-100 A00 0.00. 1034 T= — — — — — — — — 1037 T=p. Road Access 1038 Proiect Si= 1039 Tempo Fence � . ...... ... 1040 Field Office Supp, • .0.0 .-0.0d 646 1050 Temp. Protection 1058 FIrst Aid 1059 safetv 1060 Printing / Postm 1061 & Stomim so - .50 .0.00 MAU :0.001 0.00 1070 Photography• 1090 PaWOU B&B Addl Engineeiing 0.00 1120 Sail Testing 11250.00 K7 1130 Sup vehicle MEER— 450 450 0.06 0.001 .0.00 1133 Sm. Tools / Supplies • 1138 Owned Equipment 1140 Housekeeping Labor Ni 1142 Final Cleaning 0.0 1158 Solid Waste Impact Fee By Owner 250 —.250. 0.00 1200 Surve�,Ing ........ ..... 0.00 1205 yout La 750 .750 0.00 1250 Common Labor 0:00 750 730L 0.00 4 —0.00 1260 Durnp Chmes 1273 As Builts 1300 Punch -Out or .0.00 13200.00 Builders Risk 321 650 0.00 .0.00 0.00 1325 U&Mtv rnmmr= 1500 Building Permit321 Fire Station #15 -Temp trailer. Estimate DAYS 0 WEEKS 0 Months Sq.Footage N F'A 14,16 Dom['MRS My M �M 11 tit'llli r 1 llivlffi;� 0,11s! �1111' Iq frx Itip 15,195 9,030 3,064 1,500 ,Soo 2,350 1 500 , RI! JIM F, N, R 11' 75! DMSION 2 VI®RMI T. Water Service17,910 ;1,;0*.l'-'O.!.'i"'-�!-'i�'��;.�;. .90 LLL Fire Line if OS Sewer Service $11 Pavement Markin Mobilization by site contractor1,495 "0:00 DIVISION 3n. Concrete stoops M DIVISION 15 t r if Plumbing undertmiler lit 0* AOit DIVISION 16 Electrical jFq Tele com Conduits! Aflownce SUR TOTALS r��@jl,,Tlll Confingencyl Sub OH&P 6,287 ,::. Mor'I'T51M) Sub -Total �;tr P&P Bond $ None t A Total Bid 1. Indian River County Emergency Services District Board of Commissioners 4225 43�d Avenue Vero Beach, Florida 32960 Telephone: (772) 226-3900 FAX: 772-567-9323 Project: Fire Station 15 Modular, 9470 County Road 512 Emergency Services District WORK ORDER NO. 2 FOR DESIGN/BUILD AGREEMENT PHASE IV WITH Barth Construction, Inc. This Work Order No. 2 is in accordance with the existing DESIGN/BUILD AGREEMENT PHASE I dated December 6, 2012 between Barth Construction, Inc (Design/Builder) and Indian River County (County). SECTION I — PROJECT LIMITS This Work Order No. 2 outlines for the Design/Builder to perform in connection with for a temporary modular building. SECTION II - SCOPE OF SERVICES As agreed upon between Design/Builder and County, that the Design/Builder shall provide services to include; Constructing the electrical, water, fire line and sewer utility connections to the modular building. ® Connecting telecom services to the modular building. • Installing the concrete parking, including the pavement markings. The proposal from the Design/Builder is attached to this work order and incorporated herein. 294 IRCESD Work Order No. 2 Barth Construction, Inc Fire Station Modular 15 October 4, 2016 Page 2 of 3 SECTION III — COMPENSATION The County agrees to pay, and the Design/Builder agrees to accept, for the above described services rendered as identified in Sections I, and II of this Work Order No. 2, for a total amount of $69,152.00 Any additional services not described hereon shall be pre -approved by the County. All invoicing, shall include itemized costs and materials expended to complete the Work. Payments shall be in accordance with the original Agreement dated December 6, 2012. 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. 2 295 IRCESD Work Order No. 2 Barth Construction, Inc Fire Station Modular 15 October 4, 2016 Page 3 of 3 IN WITNESS WHEREOF the parties hereto have executed these presents this 4th day of October, 2016. OWNER: BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA (Signature) - Bob Solari, Chairman Approved by BCC ATTEST: Jeffrey R. Smith, Comptroller and Clerk of Circuit Court Deputy Clerk Approved as to Form and Legal Sufficiency: A" - /di 'William K. DeBraal Deputy County Aftornexk Jas E. own Coun dministrator DESIGN/BUILDER: BARTH CONSTRUCTION, INC (Signature) Jason Fykes Project Manager Witnessed by: (Signature) (Printed name) 3 296 District i • ���, F=r INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Emergency Services District Board of Commissioners THROUGH: Jason E. Brown, Courity Administrator THROUGH: John King, Director of Emergency Services FROM: Brian Burkeen, Assistant Chief DATE: September 23, 2016 SUBJECT: Affiliation Agreement between Treasure Coast Medical Institute and Indian River County Emergency Services District It is respectfully requested that the information contained herein be given formal consideration by the Emergency Services District Board of Commissioners at the next scheduled meeting. DESCRIPTION: Indian River County Department of Emergency Services is requesting to enter into an affiliation agreement for the purpose of providing education oversight as it relates to preceptor mentoring with Treasure Coast Medical Institute. Indian River County Emergency Services District currently provides services for paramedic students from other training facilities to ride with experienced paramedics for the purposes of training and education. Indian River County Fire Rescue hires from an applicant testing and eligibility list and a majority of the time these individuals come from local schools. Numerous applicants (local and non -local) receive education from Treasure Coast Medical Institute and we have hired many of these students into our workforce. FUNDING: There are no funding requirements for this item. ITEM AMOUNT Affiliation Agreement 1 $0.00 RECOMMENDATION: Staff recommends approval of the Affiliation Agreement between Indian River County Emergency • Services District and Treasure Coast Medical Institute. 297 ATTACHMENTS: Two Copies of the Affiliation Agreement APPROVED FOR AGENDA FOR: October 4 1 BY: ( kk el If Jason E. ro n, County Administrator District i Indian River Co. Approved Data Legal 6 Budget Dept. Risk Mgr. i1, General Svcs. 298 INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT AFFILIATION AGREEMENT WITH TREASURE COAST MEDICAL INSTITUTE, INC. This Affiliation Agreement is entered into by and between INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT, a dependent special district, whose mailing address is 4225 43rd Avenue, Vero Beach, FL 32967, hereinafter COUNTY and TREASURE COAST MEDICAL INSTITUTE, INC., a Florida corporation, whose location address is 1405 South 25TH Street, Suite A, Ft. Pierce, FL 34947 and whose business address is 2509 Palm Lake Avenue, Ft. Pierce, FL 34981, hereinafter TCMI do hereby agree as follows: WHEREAS, TCMI offers certification programs for both emergency medical technicians (EMT) and paramedics and has been offering those programs since 2013; and WHEREAS, students who attend TCMI are encouraged to obtain "on the job training" by conducting ride -a -longs with EMTs and paramedics; and WHEREAS, the COUNTY as entered into other Affiliation Agreements for ride -a -long training for EMT and paramedic students enrolled in similar certified programs; and WHEREAS, the COUNTY deems this to be a valuable training tool for potential future employees, NOW THEREFORE, the parties do agree as follows: 1. The above recitations are true and correct and incorporated herein by reference in this Agreement. 2. The COUNTY shall permit TCMI students to participate in ride -a -longs with EMTs and Paramedics at the discretion and convenience of the COUNTY. 3. This Agreement shall be effective from September 15, 2016 to September 14, 2018 and may be renewed by the parties for three additional one year period thereafter by the mutual consent of the parties. 4. Neither the COUNTY nor TCMI shall charge any fees under this Agreement. 5. The parties agree that there will be no discrimination in the selection or the placement of students in the ride -a -long program. 6. This Agreement may be terminated by either party upon 30 days written notice. 7. The COUNTY will provide, at the participating student's expense, emergency care for injuries or acute illness while participating with the COUNTY at a ride -a -long session. 8. The parties will each designate a person or persons to coordinate as a liaison for the ride -a -long program. 9. TCMI shall provide the COUNTY with a list of eligible participants for the ride -a -long program prior to the start of each program. It shall be the duty of TCMI to ensure the participants have the necessary training prerequisites to maximize the experience. Q11 10. TCMI does undertake and agree that it will indemnify and hold harmless the COUNTY and its officers, directors, employees, and agents, from all claims, demands, suits, actions, judgments, and executions for damages, of any and every kind, including reasonable attorney's fees and costs, and by whomever and whenever made or obtained, allegedly caused by, arising out of, or relating in any manner to the activity of any student. Each student participating shall sign the attached Hold Harmless Agreement (copies will be furnished upon request). 11. TCMI shall procure and maintain, during the term of this Agreement and any renewal, liability insurance to cover any and all liability (including professional liability) for claims, damages, or injuries to persons or property of whatsoever kind of nature arising out of the activities of the participants carried out under this Agreement. Such insurance shall be on an occurrence basis in amounts no less than $3,000,000/$1,000,000 for personal injuries and the COUNTY shall be an additional named insured under such general and professional liability policy or policies. TCMI shall submit certificates of insurance to the COUNTY evidencing such insurance at the time of the execution of this Agreement, and as requested by the Fire/EMS Service. TCMI agrees that the COUNTY will receive no less than thirty (30) days written notice prior to cancellation, modification, or non -renewal of any of the insurance coverage's described herein. 12. TCMI will coordinate a calendar with students name and dates. TCMI will submit this calendar to the COUNTY by an agreed upon date. 13. Specific Responsibilities of the COUNTY. It shall be the responsibility of the COUNTY to: A. Provide an appropriate orientation of participants in connection with its facilities and its policies and procedures. B. Provide opportunities for a learning experience with appropriate supervision. C. Retain ultimate responsibility for patient care even if a student gives that care. D. Designate a preceptor (or coordinator) from its staff to act as the liaison with the Agency in this Agreement, as appropriate to the learning objectives. 14. Specific Responsibilities of the Participant (Student). It shall be the responsibility of the participant(s) assigned through this Agreement to: A. Comply with the policies and procedures of the COUNTY. Provide the necessary and appropriate uniform while on duty at the Fire/EMS agency B. Obtain prior written approval of both parties to this Agreement before publishing any material related to the learning experience provided under the terms of the Agreement. C. Sign a "Hold Harmless Agreement" with the COUNTY prior to commencing his/her experience within the Fire/EMS Agency. D. At all times wear the appropriated badge on every clinical, and comply in all respects with the student requirements set forth in the requirements Sheets. 2 300 15. Request for Withdrawal of Participant. The COUNTY shall reserve the right to request TCMI to withdraw any participant from its facilities whose conduct or work with patients or personnel is not in accordance with the policies and procedures of the COUNTY or is detrimental to patients or others. The COUNTY reserves the right to send any student home if they cannot accommodate the student at scheduled time. 16. Modification of Agreement. Modification of this Agreement may be made by mutual consent of both parties, in writing, and attached to this Agreement and shall include the date and the signatures of parties agreeing to the modification. 17. Copies of Agreement. Copies of this signed Agreement shall be placed on file and be available at the Corporate office of TCMI and in the offices of the COUNTY. 18. Confidential Information. Ride -a -long program participants will be exposed to confidential, privileged information. TCMI understands the sensitive nature of this information and affirmatively asserts it has trained each participant concerning privileged and confidential patient information. TCMI agrees that its indemnity and hold harmless to the COUNTY extends to the wrongful release of confidential and privileged patient information. TREASURE COAST MEDICAL INSTITUTE, INC. By: Kevin Franklin, President Date: 9/411 INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT By: Bob Solari, Chairman Date Approved: ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller In Deputy Clerk 3 Jason q. B#own, County Administrator Approved as to Form and Legal Sufficiency: &"/ J�u William K. eBraal, Deputy County Attorney 301 INDIAN RIVER COUNTY U SOLID WASTE DISPOSAL DISTRICT (moi BOARD MEMORANDUM Date: September 22, 2016 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District "Ar, E Subject: First Amendment to Franchise Agreement with Waste Management DESCRIPTIONS AND CONDITIONS: On April 21, 2015, the Solid Waste Disposal District (SWDD) Board entered into a Franchise Agreement for Solid Waste and Recyclables Collection (the "Franchise Agreement") between Indian River County SWDD and Waste Management Inc. of Florida (WMIF.) Staff and WMIF have been discussing the rate adjustment process in the Franchise Agreement. There is a mutual desire to decrease the likelihood of significant fluctuations in rates in future years under the Franchise Agreement. In order to accomplish such a goal, staff proposes to eliminate the natural gas component of the rate adjustment and reduce the maximum rate adjustment from 3.5% to 3.0%. WMIF has agreed to these changes, including no rate adjustment for the new fiscal year starting on October 1, 2016 through September 30, 2017. ANALYSIS: Staff supports eliminating the natural gas component due to its volatility in exchange for a reduced maximum of 3% and no rate adjustment for the next fiscal year. FUNDING: There is no rate adjustment and therefore there is no impact to the SWDD funding associated with the Franchise Agreement. RECOMMENDATION: SWDD staff recommends that the Board vote to approve and authorize the Chairman to execute the First Amendment to the Solid Waste and Recyclables Collection Franchise Agreement between Indian River County Solid Waste Disposal District and Waste Management Inc. of Florida. ATTACHMENT(s): 1. First Amendment to Solid Waste and Recyclables Collection Franchise Agreement Between Indian River County Solid Waste Disposal District ("SWDD") and Waste Management Inc. of Florida ("Franchisee") SWDD Agenda - First Amendment to Franchise Agreement with Waste Management rev 1 Page 1 of 2 302 By: For: Jason E. Br wn, of October 4, 2016 Administrator Indian River Co. Apprpqd Date Administration I �p Legal Q Budget 9� SWDD �. • �G SWDD-Finance GF,r L _21 O SWDD Agenda - First Amendment to Franchise Agreement with Waste Management rev i Page 2 of 2 i I i 303 FIRST AMENDMENT TO SOLID WASTE AND RECYCLABLES COLLECTION FRANCHISE AGREEMENT BETWEEN INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ("SWDD") AND WASTE MANAGEMENT INC. OF FLORIDA ("FRANCHISEE") THIS FIRST AMENDMENT TO SOLID WASTE AND RECYCLABLES COLLECTION FRANCHISE AGREEMENT BETWEEN INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ("SWDD") AND WASTE MANAGEMENT INC. OF FLORIDA ("FRANCHISEE") ("First Amendment") is entered into as of the _ day of October, 2016 by and between the Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, Florida whose address is c/o Indian River County Utilities Department, 1801 27`h Street, Vero Beach, Florida, 32960 ("SWDD"), and Waste Management, Inc. of Florida, a Florida corporation, whose address is 2700 Wiles Road, Pompano Beach, Florida, 33073 ("Franchise"). RECITALS WHEREAS, on April 21, 2015, SWDD and Franchisee entered into the Solid Waste and Recyclables Collection Franchise Agreement Between Indian River County Solid Waste Disposal District ("SWDD") and Waste Management Inc. of Florida ("Franchise") (the "Agreement"); and WHEREAS, SWDD and Franchisee desire to decrease the likelihood of significant fluctuations in rates in future years under the Agreement; and WHEREAS, in order to accomplish such goal, SWDD and Franchisee have agreed to eliminate the natural gas component of the rate adjustment and reduce the maximum rate adjustment to 3.0%; 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. Article 6.6 Amended. The second sentence in Article 6.6 is hereby amended as follows: "The CPI to be used is defined in Revised Exhibit 4." 3. Article 16.1.2.1 Amended. Article 16.1.2.1 is hereby amended as follows: "All unit prices shall remain the same through the first two ears year of the Franchise Agreement." 4. Article 16.1.2.2 Amended. The first sentence in Article 16.1.2.2 is hereby amended as follows: Page 1 of 2 304 "Beginning in 2017, Franchisee may request an annual rate adjustment." 5. Article 16.1.2.3 Amended. Article 16.1.2.3 is hereby amended as follows: "If a rate adjustment is requested, the calculation shall be made as specified in Revised Exhibit 4 and shall not exceed three and " half pefeent (3.50%) or as approved by SWDD." 6. Exhibit 4 Revised. Exhibit 4 to the Agreement is hereby revised and replaced with Revised Exhibit 4, attached to this First Amendment. 7. All other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, SWDD and Franchisee have executed this First Amendment this _ day of October, 2016: ATTEST: Jeffrey R. Smith Clerk of Court and Comptroller By: Deputy Clerk APPROVED BY: rj�k, - Jason E Br wn. County Administrator Signed, sealed and delivered in the presence of: Print Name: Print Name: Page 2 of 2 SOLID WASTE DISPOSAL DISTRICT INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman Board of County Commissioners Date Approved by SWDD: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Dyan Reingold, County Attorney FRANCHISEE: WASTE MANAGEMENT, INC. OF FLORIDA Print Name: Print Title: 305 REVISED EXHIBIT 4 — CALCULATION OF RATE ADJUSTMENT One Hundred Percent (100%) of the rate adjustment shall be based on seventy-five percent (75%) of the change in the Consumer Price Index (CPI) between the month of April in the prior year (CP11) and the month of April in the current year (CP12). The CPI shall be the South Urban Region, All Items — All Urban Wage Earners and Clerical Workers, published by the United States Department of Labor, Department of Labor Statistics (Series ID = CWUR0300SA0) If the designated index is discounted or substantially altered, SWDD may select another relevant price index published by the United States Government or by a reputable publisher of financial and economic indices. The total rate adjustment is rounded to the nearest hundredth of a percent and in any given year shall not exceed three percent (3.0%) of the previous rate. FORMULA FOR CALCULATING ANNUAL RATE ADJUSTMENT Annual Adjustment (as a Percentage) AA = (((CP12 - CP11) / CP11) * 0.75)); New Rate = Round ((Current Rate + AA*Current Rate), 2) Where: "C1311" = published CPI average for the month of April of the prior year "CP12" = published CPI average for the month of April of the current year SAMPLE CALCULATION OF ANNUAL RATE ADJUSTMENT INCREASE Assumptions: Current Rate = $9.68 CP11= 226.618 CP12 = 227.955 Annual Rate Adjustment = ((227.955-226.618)/ 226.618) * 0.75) = 0.44% Annual Rate Adjustment of 0.44% is less than 3.0%, the maximum allowed. New Rate = ROUND ($9.68 * (1 + 0.0044), 2) = $9.72 SAMPLE CALCULATION OF ANNUAL RATE ADJUSTMENT DECREASE Assumptions: Current Rate = $9.68 CP11= 226.618 CP12 = 225.618 Annual Rate Adjustment = ((225.618-226.618)/ 226.618) * 0.75) = -0.33% New Rate = ROUND ($9.68 * (1 + (-0.0033), 2) = $9.65 306