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02/07/2017 (4)
�LoR�A BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, FEBRUARY 7, 2017 - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Joseph E. Flescher, Chairman, District 2 Jason E. Brown, County Administrator Peter D. O'Bryan, Vice Chairman, District 4 Dylan Reingold, County Attorney Susan Adams, District 1 Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Bob Solari, District 5 Tim Zorc, District 3 1. CALL TO ORDER 2. INVOCATION Fr. David G. Newhart, Rector, St. Elizabeth's Episcopal Church 3. PLEDGE OF ALLEGIANCE Dylan Reingold, County Attorney 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A Presentation of Proclamation Designating the Week of February 5-11, 2017, as "2-1-1 Awareness Week" 6. APPROVAL OF MINUTES 6.A Regular Meeting of December 20, 2016 6.13 Regular Meeting of January 10, 2017 6.0 Regular Meeting of January 17, 2017 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A Appointment of District 1 Appointee to the Planning & Zoning Commission 7.13 2017 Election of Code Enforcement Board Chairman and Vice Chairman February 7, 2017 Pagel of 5 7.0 2017 Election of Planning and Zoning Commission (P&Z) Chairman and Vice Chairman 7.D Road Diet Webinar & Live Courses 7.E Florida 2030 7.F Proclamation and Retirement Award Honoring Bobby G. Cummings on His Retirement From Indian River County Board of County Commissioners Department of Public Works/Road and Bridge Division with Thirty -One Years of Service 7.G All Aboard Florida/ FP&L-Vero Beach-FMPA Expenses 7.H Modification to Cone of Silence Policy 7.I Indian River County Venue Event Calendar Review 8. CONSENT AGENDA &A Approval of Checks and Electronic Payments - January 13, 2017 to January 19, 2017 8.B Approval of Checks and Electronic Payments January 20, 2017 to January 26, 2017 8.0 Regions Lockbox Contract 8.D Quarterly OPEB Trust Report for the Quarter Ending 12/31/16 8.E Quarterly Investment Report for the Quarter Ending 12/31/16 8.F Resolution Formally Designating a Portion of County Owned Property for 26th Street and 52nd Avenue Right -Of -Way 8.G Resolution Formally Designating a Portion of County Owned Property for 26th Street and 54th Avenue Right -Of -Way 8.H Award of Bid No: 2017016 Lakes Golf Course Irrigation System Project 8.I Release of Retainage - Work Order No. 1 Morgan & Eklund, Inc. Post Hurricane Matthew Beach Profile Surveys 8.J Request for Board Authorization for Design of South US Highway 1 Median Landscape Improvements and County Welcome Sign 8.K Pinson Subdivision Petition Water Assessment Project UCP #4126 - Bidding Status: Bid No. 2017015 8.L Miscellaneous Budget Amendment 006 8.M Miscellaneous Budget Amendment 007 8.N Miscellaneous Budget Amendment 008 8.0 Acceptance of Utility Easements - Plat of Jackson Street Corners Subdivision (Located Within the City of Sebastian) February 7, 2017 Page 2 of 5 8.P Emergency Purchase Order for Southern Management for Spoonbill Marsh Maintenance Work 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A Indian River County Clerk of the Circuit Court and Comptroller, Jeffrey R. Smith: Government Finance Officers Association's Best Practice for the Investment Policy 10. PUBLIC ITEMS A. PUBLIC HEARINGS B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 10.C.1 Notice of a Scheduled Public Hearing on February 14, 2017, for an Application for a Certificate of Public Convenience and Necessity for a Class E 1 Certificate from ETS Experience Transportation Services Inc. to Provide Wheelchair Transportation Originating in Indian River County. 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services 1. Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources E. Office of Management and Budget F. Public Works 12.F.1 Indian River County Courthouse Judges Security Upgrades Funding Request 12.F.2 Work Order No. 2 Masteller & Moler, Inc. Amendment No. 2, Indian River County Courthouse Security Upgrades G. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A 16th Street Ball Fields 14. COMMISSIONERS MATTERS A. Commissioner Joseph E. Flescher, Chairman February 7, 2017 Page 3 of 5 B. Commissioner Peter D. O'Brvan, Vice Chairman C. Commissioner Susan Adams D. Commissioner Bob Solari E. Commissioner Tim Zorc 15. SPECIAL DISTRICTS AND BOARDS A. Emereencv Services District 15.A.1 Approval of Minutes Meeting of December 20, 2016 15.A.2 Request to Purchase an ALS Fire Engine for Fire -Rescue Station 14 15.A.3 Fire Station #14 (SP -MA -15-10-26 / 2002010089-75062) Dedication of 26th Street Right -Of -Way B. Solid Waste Disposal District 15.11.1 Approval of Minutes Meeting of December 20, 2016 15.11.2 Approval of Minutes Meeting of January 10, 2017 15.13.3 Notice of 90 -Day Option Agreement to Alliance BioEnergy +, Inc. C. Environmental Control Board 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. February 7, 2017 Page 4 of 5 Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00p.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 S: 00 p. m. February 7, 2017 Page 5 of 5 PROCLAMATION 5A DESIGNATING THE WEEK OF FEBRUARY 5-11, 2017, AS "2-1-1 AWARENESS WEEK" WHEREAS, many times when individuals and families need help in meeting life's basic needs or are experiencing times of crisis and are not sure where to turn; and WHEREAS, 2-1-1 is an easy to remember, easy to use three -digit number recognized as the central linkage point in providing individuals and families with the guidance, support and information they need to solve their problems; and with the crisis intervention and suicide prevention they seek to keep them safe; and WHEREAS, Indian River County is fortunate to have 2-1-1 HelpLine, a service that is available any time of day or night that enables individuals and families to get the help they need; and WHEREAS, 2-1-1's specialized advocacy and support services also include the Help Me Grow Initiative which helps link vulnerable families to crucial services while 2-1-1's life-saving "Sunshine" daily phone calls continue to positively impact the lives of local housebound and/or isolated seniors—all at no cost to those participating; and WHEREAS, 2-1-1 HelpLine service is free, confidential, available 24/7, with highly trained staff who assisted thousands of individuals in need of crisis intervention, assessment and referrals to community services. The staff at 2-1-1 will continue to provide that warm voice at the other end of the line and the caring assistance to the people of our community. °211. HelpStartsHere!" NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the week of February 5-11, 2017, be designated as 2-1-1 Awareness Week in Indian River County. The Board urges all citizens to be aware of the only telephone number they need to know to access information and referral to the programs and services in our community that provide assistance in such areas as Health Care, Insurance, Volunteering, Food, Day Care, Mental Health Counseling, Support Groups, Financial Assistance, etc. Adopted this 7th day of February, 2017. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER C.PUNTY, FLORIDA Peter D. O'BryanjVice Chair0an Adams Bob So 7 Tim P1 7� INFORMATIONAL ITEMS FEBRUARY 7, 2017 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM To: Members of the Board of County Commissioners Date: January 30, 2017 Subject: Appointment of District 1 Appointee to the Planning & Zoning Commission (P&Z) From: Misty L. Pursel, Commissioner Assistant, District 1 Commissioner Susan Adams has appointed Mr. Patrick Grail as the District 1 Appointee to the Planning & Zoning Commission. Mr. Grail replaces Mr. Charles Rednour; his term expires in January, 2021. Attachment: Patrick Grail's Committee Application & Resume P2 01/26/2017 THU 8:55 FAX INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT Name: Patrick Michael Grail I Date: 10 /20/17 1 ®001/003 Full Name: Patrick Michael Grail Email Address: patrick.grall@verolawyers. oro Street Address (No P.O. Boxes): 3000 82nd Avenue, Vero Beach, FL 32966 Home Phone:,none Work Phone: 772 569"00070 Cell Phone: 772-413-8534 How long have you been a resident of Indian River County? 11983, excluding college yrs Are you a full or part time resident? Check one: Full Time✓ Part TimeQ Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. Grail Law Group, PA Grail Realty Group, LLC PGTW Investments, LLC Please list any licenses you presently hold: Florida Bar License. Florida Real Estate Broker. License Please list any organization of which you are currently a member: Florida Bar., Indian River County -.Bar -Association Florida Justice Association Realtors Association of Indian. River County Please list any other committees or boards you currently sit on: St. Helen.Catholic School- School Advisory Council Continued on next page P3 01/26/2017 THU 8:55 FAX Place a check mark next to the committee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMITTEE BEACH & SHORE PRESERVATION ADVISORY COMMITTEE CHILDREN'S SERVICES ADVISORY COMMITTEE CODE ENFORCEMENT BOARD 11 COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS E ECONOMIC DEVELOPMENT COUNCIL E] ENTERPRISE ZONE DEVELOPMENT AGENCY ❑ ENVIRONMENTAL CONTROL HEARING BOARD MPO BICYCLE ADVISORY COMMITTEE MPO CITIZEN ADVISORY COMMITTEE NEIGHBORHOOD STABILIZATION PROGRAM — CITIZEN ADVISORY TASK El PLANNING & ZONING COMMISSION a SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE TOURIST DEVELOPMENT COUNCIL TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD El TREASURE COAST REGIONAL PLANNING COUNCIL — COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY ❑ ®002/003 Please print and return the completed application, along with a current resume, to the Board of County Commission office, 1801 27th Street, Vero Beach, FL. 32960, or by fax at 772-770-5334. Please note: All applications are kept on file for 6 months. i P4 01/26/2017 THU 8:55 FAX 3000 82n4 Avenue Vero Beach, FL 32966 0003/003 PATRICK M. GRALL Patrick.Grall@verolawyers.com 772-413-8534 EXPERIENCE GRALL LAW GROUP, PA, Vero Beach, FL 2007 - Present Attorney/Partner • Manage all aspects of legal cases from start to finish • Assist clients with varying legal needs • Negotiate settlements of legal claims, medical bills, and medical liens • Represent clients in depositions, mediations, hearings and trials GRALL REALTY GROUP, LLC. Vero Beach, FL 2015 - Present Broker/Owner • Own and operate a residential real estate brokerage • Assist buyers and sellers with real estate transactions LAUREL AGENCY, INC.. Vero Beach, FL 2013-2015 Realtor • Assisted buyers and sellers with real estate transactions PGTW INVESTMENTS, LLC, Vero Beach, FL 2009 - Present Member/Manager • Established to pursue real estate opportunities EDUCATION UNIVERSITY OF FLORIDA. Gainesville, FL Levin College of Law Juris Doctor, May 2007 AUBURN UNIVERSITY. Auburn, AL College of Business Bachelors of Science in Business Administration, December 2004 LICENSES Florida Bar License, 2007 - present Florida Real Estate Sales Associate License, 2013 -- 2015 Florida Real Estate Broker License, 2015- present ASSOCIATIONS The Florida Bar, Member Indian River County Bar Association, Member Realtors Association of Indian River County, Realtor P5 ■iJ INFORMATIONAL ITEMS FEBRUARY 7, 2017 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM To: Members of the Board of County Commissioners Date: January 31, 2017 Subject: 2017 ELECTION OF CODE ENFORCEMENT BOARD CHAIRMAN AND VICE CHAIRMAN From: Misty L. Pursel, Commissioner Assistant, District 1 At the January 23, 2017 Code Enforcement Board meeting, the members voted to elect Stephen Boehning as Chairman and Pete Clements as Vice Chairman for 2017. No Board action is required. P6 7C INFORMATIONAL ITEMS FEBRUARY 7, 2017 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM To: Members of the Board of County Commissioners Date: January 31, 2017 Subject: 2017 ELECTION OF PLANNING AND ZONING COMMISSION (P&Z) CHAIRMAN AND VICE CHAIRMAN From: Misty L. Pursel, Commissioner Assistant, District 1 At the January 26, 2017 Planning and Zoning Commission (P&Z) meeting, the members voted to elect Alan Polackwich, Sr. as Chairman and Todd Brognano as Vice Chairman for 2017. No Board action is required. P7 February 7, 2017 ITEM 7 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board .of County Commissioners DATE: January 25, 2017 SUBJECT: Road Diet Webinar & Live Courses t FROM: Peter O'Bryan Commissioner, District 4 The University of Florida Transportation Institute is offering a two-part Road Diet course, targeted to all transportation engineers ;and planners, pedestrian & bicycle and Safe Routes to School program coordinators, local police; fire, EMS and transit personnel, and community leaders. Details are on the attached flyer. P8 ROAD DIET WEBINAR & LIVE COURSES A roadway reconfiguration known as a Road Diet offers several high- value improvements at a low cost when applied to traditional four -lane undivided highways. In addition to low cost, the primary benefits of a Road Diet include enhanced safety, mobility and access for all road users and a "complete streets" environment to accommodate a variety of transportation modes. Target Audience: All transportation engineers and planners, pedestrian & bicycle and Safe Routes to School program coordinators, local police, fire, EMS and transit personnel, community leaders. To take this course: This is a two-part course: i) the webinar is a prerequisite and 2) a live course at one of three locations. The webinar will take place from 9:30 to ii.00 am. If you are not able to make the date/time for the webinar a recorded link will be available. To register go to the Course Calendar at: http://www.techtransfer.ce.ufl.edu/t2ctt/Calendar.asp Register for the Webinar R1 0 Register for Pensacola Live Course Register for Gainesville Live Course • Register for Teguesta Live Course 91 ....................................................................................... This workshop is being coordinated in partnership with BERCH.,`P �meo " 1 r PalmTran � Pudlc TRnaportation --...r • . . P �� 4 P9 February 7, 2017 ITEM 7 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: January 24, 2017 SUBJECT: Florida 2030 1 ry FROM: Peter O'B an CPP Commissioner, District 4 The Florida Chamber Foundation is holding Florida 2030 Town Halls in all 67 Florida counties. The Indian River County and 'St. Lucie County (combined) Town Hall will be held on Thursday, February 9, 2017 at either 9:00 am or 2:00 pm. The attached flyer has locations and details. �E P10 Join Us in Fort Pierce and Vero Beach For a Conversation on Florida's Future The Florida Chamber Foundation's Florida 2030 research project is reaching all 67 counties in Florida through a series of interactive town hall events. This two-year initiative is engaging business and community leaders in identifying key trends and factors that drive regional economies. You are invited to help plan the future of your region by joining us for the Indian River County and St. Lucie County Florida 2030 Town Halls, hosted by Treasure Coast Regional Planning Council. We need your voice to understand the issues that impact Indian River and St. Lucie counties. The meetings will be held on February 9th at the following locations and times: Thursday, February 9, 2017 19:00-11:00 a.m. Indian River State College, Treasure Coast Public Safety Training Complex Bailey Auditorium, 4600 Kirby Loop Road Fort Pierce, FL, 34981 Thursday, February 9, 2017 2:00-4:00 p.m. Indian River County Intergenerational Recreation Center 1590 9th Street SW Vero Beach, FL 32962 For more information, contact Whitney Harris at wharris a(-flfoundation.org or (850) 521-1237. P11 PROCLAMATION HONORING BOBBY G. CUMMINGS ON HIS RETIREMENT FROM INDIAN RI VER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF PUBLIC WORKSIROAD & BRIDGE DIVISION WHEREAS, Bobby G. Cummings retired from Indian River County Road & Bridge Division, effective January 27, 2017, and WHEREAS, Bobby G. Cummings began his career with Indian River County on October 8, 1985, as a Motor Equipment Operator L On August 19, 1988, he was promoted to a Motor Equipment Operator II which was reclassified to an Equipment Operator Hon March 30, 2001. On August 16, 2002, Bobby was promoted to a Heavy Equipment Operator, and transferred back to an Equipment Operator H on May 21, 2004. He continued in that capacity until his retirement, and WHEREAS, Bobby G. Cummings has served this County and the Public with distinction and selflessness. During his thirty-one years of service, he was dedicated, and his work was greatly appreciated by the employer, citizens, and co-workers alike; and NOW, THEREFORE, BE IT PROCLAIMED. BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Bobby G. Cummings' efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River County for the last thirty-one years, and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors! Adopted this 7th day of February 2017. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA -'0. 7- - z?J!Xphl�Fleschir-, Chairman 12 2fiis is to certify that toddy r. Cummings is here6y presented this Wf tirement Award for outstunaring performance and faitfifursemke to Inartan 46ver County hoard of County Commissioners Tor thirty-one years of service On this 27h day of January 2017 Phar a Szyff g 7oseph B. �Fascher Director of ft6Cu wo* ?Ooardof County Commissioner, C&irmn 13 All Aboard Florida Expenses Indian River County 76 F:\Budget\All Aboard FL Expenses P14 Board approved expenses of $186,921 prior to 3/24/15 autorization 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 1/24/2017 Shubin & Bass PAS $4,795.00 Fees for Legal Services -Nov 2016 1/17/2017 Bryan Cave LLP $534.50 Fees for Legal Services -Nov 2016 1/17/2017 Bryan Cave LLP $15,931.78 Fees for Legal Services -Nov 2016 -private activity bonds 12/1/2016 Bryan Cave LLP $1,722.50 Fees for Legal Services -Oct 2016 12/1/2016 Bryan Cave LLP $16,45770 Fees for Legal Services -Oct 2016 -private activity bonds 12/1/2016 Shubin & Bass PAS $9,387.20 Fees for Legal Services -Oct 2016 Subtotal Expenses FY 16/17 $48,828.68 9/30/2016 Bryan Cave LLP $5,060.15 Fees for Legal Services -Sept 2016 9/30/2016 Bryan Cave LLP $46,369.62 Fees for Legal Services -Sept 2016 -private activity bonds 9/30/2016 Bryan Cave LLP $20,358.95 Fees for Legal Services -Aug 2016 9/30/2016 Bryan Cave LLP $8,496.08 Fees for Legal Services -Aug 2016 -private activity bonds 9/30/2016 Shubin & Bass PAS $28,277.00 Fees for Legal Services -Sept 2016 9/28/2016 Shubin & Bass PAS $22,949.40 Fees for Legal Services -Aug 2016 9/28/2016 Shubin & Bass PAS $15,581.00 Fees for Legal Services -July 2016 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 $807,167.15 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* $61749 IRC 1/3 Portion of Legal Fees F:\Budget\All Aboard FL Expenses P14 All Aboard Florida Expenses Indian River County 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 9/30/2016 Triad Railroad Consulants Subtotal Expenses FY 14/15 $1,064,319.15 $20,782.50 Drainage Reports & calculations 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 4/19/16 GK Environmental Subtotal Expenses FY 13/14 $28,551.80 $6.85 Shipping *Split between St.Lucie, Indian River, and Martin Counties $417.50 IRC vs Rogoff Subtotal Expenses FY 15/16 Acct#00110214-033190-15023 Other Professional Services 1/24/2017 Triad Railroad Consulants $13,396.11 12/1/2016 VB Court Reporters $300.00 St Johns Admin Hearing 12/1/2016 Scripps $95.70 Legal Advertising Subtotal Expenses FY 16/17 $13,791.81 9/30/2016 GK Environmental $5,580.00 9/30/2016 Triad Railroad Consulants $24,758.59 Review AAF 909 & plans 9/30/2016 Atkins North America,inc. $20,782.50 Drainage Reports & calculations 9/30/2016 Federal Express $8.18 8/5/2016 GK Environmental $2,040.00 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 1/26/2016 Federal Express $6.85 Shipping 1/25/2016 VB Court Reporting $417.50 IRC vs Rogoff Subtotal Expenses FY 15/16 $62,563.89 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 4/20/2016 Dylan Reingold $106.26 Hearing 4/6/2016 Aloft Hotel $109.00 MHG Tallahasse AL P -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 -FI. Dev Finance Corp 8/26/2015 Dylan Reingold $75.26 8/26/2015 Kate Cotner ($5.36) Orlando -Tavel -FI Dev Finance Corp Subtotal Expenses FY 14/15 $341.26 F•\Budget\All Aboard FL Expenses P15 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 30 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 16/17 $62,620.49 Total Expenses 15/16 $870,867.50 Total Expenses 14/15 $1,154,211.26 Total Expenses 13/14 $45,825.80 Total expenses processed as of 1/30/17 $2,133,525.05 Total Board authorized budget for FY 16/17 $816,015.00 Total Board authorized budget for FY 15/16 $870,868.00 Total Board authorized budget for FY 14/15 $1,154,212.00 Total Board authorized budget for FY 13/14 $45,826.00 Total budgeted 13/14-16/17 $2,886,921.00 Remaining Balance $753,395.95 F•\Budget\AII Aboard FL Expenses P16 Indian River County $4,090.00 Vero Beach Electric/Florida Power & Light/FMPA expenses Acct# 00410214-033110-15024 $4,090.00 Legal Services $4,090.00 9/30/2016 Berger Singerman $1,072.50 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 $35,712.75 9/30/2015 Berger Singerman $5,462.50 9/21/2015 Berger Singerman $25,370.00 8/18/2015 Berger Singerman $10,150.00 7/22/2015 Berger Singerman $7,855.00 7/1/2015 Berger Singerman $29,622.50 6/3/2015 Nabors Giblin & Nickerson $312.50 5/20/2015 Carolos Alvarez,Esq $1,878.10 4/20/2015 Gonzalez Saggio & Harlan $10,582.50 4/2/2015 Gonzalez Saggio & Harlan $26,713.48 3/23/2015 Gonzalez Saggio & Harlan $10,312.50 3/23/2015 Nabors Giblin & Nickerson $4,161.72 2/2/2015 Gonzalez Saggio & Harlan $22,882.98 1/16/2015 Gonzalez Saggio & Harlan $16,610.00 12/3/2014 Gonzalez Saggio & Harlan $8,824.24 Subtotal Expenses FY 14/15 $180,738.02 9/30/2014 Gonzalez Saggio & Harlan $7,821.90 9/30/2014 Gonzalez Saggio & Harlan $30,144.31 8/15/2014 Gonzalez Saggio & Harlan $12,292.50 7/22/2014 Gonzalez Saggio & Harlan $8,415.00 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 P17 Total expenses FY 16/17 Indian River County Total expenses FY 15/16 Vero Beach Electric/Florida Power & Light/FMPA expenses $394.25 Acct# 00410214-033110-15024 Courtyard by Marion $98.00 Legal Services Dylan Reingold-FMPA mtg/Tallahas 9/30/2015 RW Wilson & Assoc $4,090.00 9/11/2015 RW Wilson & Assoc $4,090.00 8/14/2015 RW Wilson & Assoc $4,090.00 7/21/2015 Kate Cotner Reimbursement $50.00 7/10/2015 RW Wilson & Assoc $4,090.00 5/26/2015 RW Wilson & Assoc $4,090.00 5/21/2015 Scripps Treasure Coast $71.76 3/4/2015 RB Oppenheim Assoc $4,625.00 2/13/2015 FMPA-copy of audio $119.13 1/16/2015 Scripps Treasure Coast $70.98 11/19/2014 Scripps Treasure Coast $63.96 Subtotal Expenses FY 14/15 $25,450.83 9/30/2014 Scripps Treasure Coast $87.36 9/10/2014 Scripps Treasure Coast $88.92 Subtotal Expenses FY 13/14 $176.28 Total expenses FY 16/17 Travel Total expenses FY 15/16 3/16/2016 Dylan Reingold-FL Senate Committe $394.25 3/8/2016 Courtyard by Marion $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 mtl $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 16/17 $0.00 Total expenses FY 15/16 $69,888.77 Total expenses FY 14/15 $206,300.11 Total expenses FY 13/14 $58,849.99 Total expenses processed as of 1/30/17 $335,038.87 Budget Authorization Budget 10/1/2016 FY 16/17 Budget $69,789.00 10/1/2015 FY 15/16 Budget $69,889.00 9/15/2015 Legal Services $35,150.00 3/18/2015 Legal Services $130,000.00 5/5/2014 Legal Services $100,000.00 Total Board Authorized Budget 5404.828.00 Remaining Balance $69,789.13 P18 -7-fl INFORMATIONAL INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: January 31, 2017 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator THROUGH: Mike Smykowski, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Modification to Cone of Silence Policy BACKGROUND: The current Purchasing Manual (Policies and Procedures) includes the following Cone of Silence policy, mirroring policies utilized by other municipalities: Cone of Silence. Potential bidders/respondents shall not communicate in any way with the Board of Commissioners, County Administrator or any County staff other than Purchasing personnel from the time of bid advertisement through and including bid award. Such communication may result in disqualification. As visibility of the policy has increased, so has confusion about its highly restrictive nature. Therefore, pursuant to his authority in Section 105.06 of the Indian River County Code of Ordinances, Purchasing Policies and Procedures, the County Administrator has effected the following modifications to the policy: Cone of Silence. Potential bidders/respondents and their agents shall not communicate in any way with the Board of Commissioners, County Administrator or any County staff other than Purchasing personnel in reference or relation to a solicitation. This restriction shall be effective from the time of bid advertisement until the Board of County Commissioners meets to authorize award. Such communication may result in disqualification. RECOMMENDATION No action is required by the Board. P19 Indian River County Venue Event Calendar Review For more information go to www.ircgov.com - Event Calendar Dog Agility Event by BOW WOW Productions February 7-9 @ IRC Fairgrounds: • 7am-7pm Sunbonnet Quilt Show February 9-11 @ IRC Fairgrounds: • Thurs - 9am-5pm • Fri - 8am-6pm • Sat - 8am-4pm Indian River Dog Training Agility Club Event February 10-12 @ IRC Fairgrounds: • 7am-7pm Liberty Golf Tournament February 11 @ Sandridge: • 8am Harp & Harmony Valentine's Concert February l 1 @ IRC Main Library: • 2pm Dog Agility Event by BOW WOW Productions February 13-15 @ IRC Fairgrounds: • 7am-7pm Thunder on the Beach POW WOW February 17-19 @ North County Aquatic Center Parking Lot: • Fri - 3pm-9:30pm • Sat - 10am-9:30pm • Sun - I Oam-5:30pm Community Church Golf Tournament February 18 @ Sandridge: • 8am .T P20 Page 2 Puchstein Antique Show February 24-26 @ IRC Fairgrounds: • Fri - l2pm-5pm • Sat - 9am-5pm • Sun - 9am-4pm Sea Oaks Golf Tournament February 25 @ Sandridge: • 8am Daddy Daughter Dance February 25 @ iG Center: • 6-8:30pm P21 Wil RM JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 180127' Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: January 19, 2017 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS January 13, 2017 to January 19, 2017 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 January 13, 2017 to January 19, 2017. Attachment: P22 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 348713 01/19/2017 UTIL REFUNDS 46.71 348714 01/19/2017 UTIL REFUNDS 76.73 348715 01/19/2017 UTIL REFUNDS 63.04 348716 01/19/2017 UTIL REFUNDS 33.61 348717 01/19/2017 UTIL REFUNDS 75.95 348718 01/I9/2017 UTIL REFUNDS 72.01 348719 01/19/2017 UTIL REFUNDS 46.07 348720 01/19/2017 UTIL REFUNDS 39.62 348721 01/19/2017 UTIL REFUNDS 331.85 348722 01/19/2017 UTIL REFUNDS 39.32 348723 01/19/2017 UTIL REFUNDS 40.76 348724 01/19/2017 UTILREFUNDS 48.36 348725 01/19/2017 UTILREFUNDS 71.37 348726 01/19/2017 UTILREFUNDS 48.15 348727 01/19/2017 UTILREFUNDS 38.07 348728 01/192017 UTILREFUNDS 11.91 348729 01/192017 UTILREFUNDS 31.72 348730 01/192017 UTIL REFUNDS 5.92 348731 01/192017 UTILREFUNDS 36.42 348732 01/19/2017 UTIL REFUNDS 48.75 348733 01/192017 UTILREFUNDS 90.95 348734 01/192017 UTIL REFUNDS 3.54 348735 01/192017 UTILREFUNDS 13.13 348736 01/19/2017 UTILREFUNDS 68.54 348737 01/192017 UTILREFUNDS 29.48 348738 01/192017 UTIL REFUNDS 29.35 348739 01/19/2017 UTIL REFUNDS 55.88 348740 01/192017 UTIL REFUNDS 51.90 348741 01/19/2017 UTIL REFUNDS 41.77 348742 01/192017 UTIL REFUNDS 64.89 348743 01/192017 UTIL REFUNDS 65.95 348744 01/19/2017 UTILREFUNDS 36.76 348745 01/192017 UTILREFUNDS 33.14 348746 01/192017 UTIL REFUNDS 20.04 348747 01/19/2017 UTILREFUNDS 29.87 348748 01/19/2017 UTIL REFUNDS 42.44 348749 01/192017 UTIL REFUNDS 49.99 348750 01/19/2017 UTIL REFUNDS 47.13 348751 01/192017 UTIL REFUNDS 1.58 348752 01/192017 UTIL REFUNDS 76.73 348753 01/192017 UTIL REFUNDS 61.28 348754 01/192017 UTIL REFUNDS 56.63 348755 01/192017 UTIL REFUNDS 26.06 348756 01/192017 UTIL REFUNDS 76.73 348757 01/192017 UTIL REFUNDS 205.71 348758 01/192017 UTILREFUNDS 30.53 348759 01/192017 PORT CONSOLIDATED INC 15,737.70 348760 01/192017 JORDAN MOWER INC 368.41 348761 01/192017 TEN -8 FIRE EQUIPMENT INC 123.31 348762 01/192017 VERO CHEMICAL DISTRIBUTORS INC 647.10 348763 01/192017 ALARM PARTNERS 134.70 348764 01/19/2017 VELDE FORD INC 555.27 348765 01/192017 STEWART MATERIALS INC 617.77 348766 01/192017 AT&T WIRELESS 76.00 348767 01/19/2017 LINDEN-BEALS CORP 595.81 348768 01/192017 PARALEE COMPANY INC 671.20 348769 01/19/2017 DELTA SUPPLY CO 55.47 348770 01/192017 EZ BREW COFFEE & BOTTLE WATER SVC 70.44 P23 TRANS NBR DATE VENDOR AMOUNT 348771 01/19/2017 KELLYTRACTORCO 902.39 348772 01/19/2017 SAFETY KLEEN SYSTEMS INC 487.10 348773 01/19/2017 AMERIGAS EAGLE PROPANE LP 748.29 348774 01/19/2017 WILD LAND ENTERPRISES INC 5.61 348775 01/19/2017 LFI FORT PIERCE INC 992.88 348776 01/19/2017 CLIFF BERRY INC 1,859.55 348777 01/19/2017 PHYSIO CONTROL INC 1,050.60 348778 01/19/2017 3M CO 345.00 348779 01/19/2017 SWE INC 325.00 348780 01/19/2017 HD SUPPLY WATERWORKS, LTD 4,962.75 348781 01/19/2017 PETES CONCRETE 900.00 348782 01/192017 VERO INDUSTRIAL SUPPLY INC 292.56 348783 01/19/2017 EXPRESS REEL GRINDING INC 3,500.00 348784 01/19/2017 TIRESOLES OF BROWARD INC 2,839.25 348785 01/19/2017 AMERICAN WATER CHEMICALS INC 28,840.50 348786 01/19/2017 KETCHUM MANUFACTURING CO INC 1,513.50 348787 01/19/2017 XEROX CORP SUPPLIES 5.05 348788 01/19/2017 BLAKESLEE SERVICES INC 65.00 348789 01/19/2017 BAKER & TAYLOR INC 771.07 348790 01/19/2017 MIDWEST TAPE LLC 1,503.06 348791 01/19/2017 NORTHERN SAFETY CO INC 152.73 348792 01/19/2017 METTLER TOLEDO INC 2,046.7I 348793 01/19/2017 MICROMARKETING LLC 178.36 348794 01/19/2017 BAKER DISTRIBUTING CO LLC 198.60 348795 01/19/2017 BAKER DISTRIBUTING CO LLC 54.98 348796 01/19/2017 CENGAGE LEARNING INC 1,199.98 348797 01/19/2017 PALM TRUCK CENTERS INC 57424 348798 01/19/2017 SOFTWARE HARDWARE INTEGRATION 311.00 348799 01/19/2017 LINDSEY GARDENS LTD 500.00 348800 01/19/2017 WILLIE C REAGAN 449.00 348801 01/19/2017 BOYS & GIRLS CLUB OF INDIAN 7,500.00 348802 01/19/2017 CLERK OF CIRCUIT COURT 235.36 348803 01/19/2017 INDIAN RIVER COUNTY HEALTH DEPT 1,106.70 348804 01/19/2017 INDIAN RIVER COUNTY HEALTH DEPT 17,693.32 348805 01/19/2017 INDIAN RIVER COUNTY HEALTH DEPT 79.22 348806 01/19/2017 CITY OF VERO BEACH 435.51 348807 01/19/2017 STEPHEN WOJTASZEK 201.99 348808 01/19/2017 INDIAN RIVERALL FAB INC 2,534.86 348809 01/19/2017 UNITED PARCEL SERVICE INC 32.09 348810 01/19/2017 FERGUSON ENTERPRISES INC 39,022.58 348811 01/19/2017 AMERICAN SOCIETY OF CIVIL ENGINEERS 280.00 348812 01/19/2017 FLORIDA DEPARTMENT OF BUSINESS AND 10,200.04 348813 01/192017 NAN MCKAY AND ASSOCIATES INC 224.00 348814 01/192017 JANITORIAL DEPOT OF AMERICA INC 78829 348815 01/192017 FLORIDA FISH & WILDLIFE 6,249.86 348816 01/192017 TREASURE COAST HOMELESS SERVICES I0,352.30 348817 01/192017 HUMANE SOCIETY 18,820.00 348818 01/192017 PUBLIX SUPERMARKETS 87.15 348819 01/192017 ACUSHNET COMPANY 983.43 348820 01/192017 DEANGELO BROTHERS INC 695.50 348821 01/192017 GEAR FOR SPORTS INTL INC 565.00 348822 01/192017 IRC CHAMBER OF COMMERCE 175.00 348823 01/192017 SIEMENS INDUSTRY INC 2,593.94 348824 01/19/2017 CALLAWAY GOLF SALES COMPANY 8,214.31 348825 01/192017 SUBSTANCE AWARENESS COUNCIL OF IRC INC 8,001.58 348826 01/192017 SUBSTANCE AWARENESS COUNCIL OF IRC INC 12,447.98 348827 01/192017 FLORIDA POWER AND LIGHT 37,870.85 348828 01/192017 PEACE RIVER ELECTRIC COOP INC 251.98 348829 01/192017 TOCOMA RUBBER STAMP & MARKING SYSTEM 237.60 348830 01/192017 FLORIDA STATE GOLF ASSOCIATION 236.00 2 P24 TRANS NBR DATE VENDOR AMOUNT 348831 01/19/2017 BE SAFE SECURITYALARMS INC 649.70 348832 01/19/2017 GREY HOUSE PUBLISHING 1,839.60 348833 01/19/2017 INDIAN RIVER FARMS WATER CNTRL DIST 18,059.40 348834 01/19/2017 NATIONALALLIANCE FOR YOUTH SPORTS 380.00 348835 01/19/2017 CHILDRENS HOME SOCIETY OF FL 2,500.00 348836 01/19/2017 FLORIDA WATER RESOURCES JOURNAL INC 200.00 348837 01/19/2017 KEEP INDIAN RIVER BEAUTIFUL INC 10,272.23 348838 01/19/2017 NORTHERN TOOL & EQUIPMENT CO 305.59 348839 01/19/2017 SIMPLEXGRINNELL LP 1,493.44 348840 01/19/2017 BRIDGESTONE AMERICAS INC 1,088.84 348841 01/19/2017 SUNQUEST INC 727.00 348842 01/19/2017 THE PALMS AT VERO BEACH 443.00 348843 01/19/2017 PERKINS COMPOUNDING PHARMACY 119.28 348844 01/19/2017 GLOBAL EQUIPMENT CO INC 462.03 348845 01/19/2017 TRANE US INC 2,000.00 348846 01/19/2017 CELICO PARTNERSHIP 252.49 348847 01/19/2017 ANDMR INC 70.00 348848 01/19/2017 FLORIDA DEPT OF JUVENILE JUSTICE 26,398.56 348849 01/19/2017 VAN WAL INC 320.00 348850 01/19/2017 OCLC ONLINE COMPUTER LIBRARY CENTER 437.14 348851 01/19/2017 CENTRAL PUMP & SUPPLY INC 18.60 348852 01/19/2017 PELICAN ISLES LP 322.00 348853 01/19/2017 DAVID SILON 255.00 348854 01/19/2017 MALA GEOSCIENCE USA INC 745.00 348855 01/19/2017 SESAC INC 1,292.00 348856 01/19/2017 MICHAEL W EIRLS 1,300.00 348857 01/19/2017 COMMUNICATIONS BROKERS & CONSULTANTS INC 3.92 348858 01/19/2017 GIS JOBS CLEARINGHOUSE 25.00 348859 01/19/2017 SUMMERLINS MARINE CONST LLC 19,600.00 348860 01/19/2017 INDIAN RIVER RDA LP 468.00 348861 01/19/2017 BRIAN FREEMAN 16.02 348862 01/19/2017 SOUTHEAST SECURE SHREDDING 113.44 348863 01/19/2017 K'S COMMERCIAL CLEANING 2,533.89 348864 01/19/2017 EQ THE ENVIRONMENTAL QUALITY COMPANY 23,581.12 348865 01/19t20I7 HMA-SOLANTIC JOINT VENTURE LLC DBA 20.00 348866 01/19/2017 LARIAT ENTERPRISES INC 269.02 348867 01/19/2017 DAILY DOSE CAFE 387.50 348868 01/19/2017 INEOS NEW PLANET BIOENERGY LLC 486.60 348869 01/19/2017 GHO HOMES CORPORATION 56,048.15 348870 01/19/2017 KEMPER BUSINESS SYSTEMS 27.50 348871 01/19/2017 LEB DEMOLITION & CONSULTING CONTRATORS INC 28,840.00 348872 01/19/2017 THOMPSONS REMODELING & HOME REPAIR INC 1,800.00 348873 01/19/2017 TREKKER TRACTOR LLC 134.25 348874 01/19/2017 LENCOR LLC 1,107.50 348875 01/19/2017 OVERDRIVE INC 3,599.04 348876 01/19/2017 CIT FINANCE LLC 186.21 348877 01/19/2017 TOTAL ID SOLUTIONS INC 296.00 348878 01/19/2017 NEWSOM OIL COMPANY 822.25 348879 01/19/2017 REPROGRAPHIC SOLUTIONS INC 28.08 348880 01/19/2017 LOWES HOME CENTERS INC 1,166.38 348881 01/19/2017 BURNETT LIME CO INC 12,838.00 348882 01/19/2017 BURNETT LIME CO INC 269.00 348883 01/19/2017 BURNETT LIME CO INC 780.00 348884 01/19/2017 PENGUIN RANDOM HOUSE LLC 310.05 348885 01/19/2017 SCADA SOLUTIONS LLC 1,400.00 348886 01/I9/2017 SEAN MAKI COMMUNICATIONS LLC 300.00 348887 01/19/2017 SUN MOUNTAIN SPORTS INC 286.75 348888 01/19/2017 KANSAS STATE BANK OF MANHATTAN 1,028.97 348889 01/19/2017 KATE P COTNER 50.00 348890 01/19/2017 REXEL INC 4,396.53 P25 TRANS NBR DATE VENDORM� 348891 01/19/2017 SAMBA HOLDINGS INC 1,151.72 348892 01/19/2017 SCOTT CARSON 117.60 348893 01/19/2017 BRYAN CAVE LLP 16,466.28 348894 01/19/2017 FOUNDATION FOR AFFORDABLE RENTAL 555.00 348895 01/19/2017 MASCHMEYER CONCRETE COMPANY OF FLORIDA 207.90 348896 01/I9/2017 COBRA GOLF INCORPORATED 289.59 348897 01/192017 SYLIVIA MILLER 2,231.00 348898 01/192017 HAWKINS INC 1,580.50 348899 01/192017 FLORITURF SOD INC 117.00 348900 01/192017 KAMAN INDUSTRIAL TECHNOLOGIES CORPORATION 1,195.38 348901 01/192017 RED THE UNIFORM TAILOR 28.00 348902 01/192017 CATHEDRAL CORPORATION 18,983.40 348903 01/192017 GERELCO TRAFFIC CONTROLS INC 10,460.00 348904 01/192017 UNIFIRST CORPORATION 1,628.35 348905 01/192017 FASTCASE INC 1,890.00 348906 01/192017 WILSON SPORTING GOODS CO 101.80 348907 01/192017 SCHUMACHERAUTOMOTIVE DELRAY LLC 23.40 348908 01/192017 KERNS CONSTRUCTION & PROPERTY 4,883.00 348909 01/19/2017 ADVANCE STORES COMPANY INCORPORATED 1,225.93 348910 01/192017 GUARDIAN ALARM OF FLORIDA LLC 75.00 348911 01/192017 EGP DOCUMENT SOLUTIONS LLC 655.66 348912 01/192017 NORTH AMERICAN OFFICE SOLUTIONS INC 25.00 348913 01/192017 FLORIDA EAST COAST HOLDINGS CORP 3,402.00 348914 01/192017 BYERS ENGINEERING COMPANY 10,300.00 348915 01/192017 E & D CONTRACTING SERVICES INC 40,566.60 348916 01/19/2017 EASTERN PIPELINE CONSTRUCTION INC 1,000.00 348917 01/192017 ICON SUPPLY INC 6,107.24 348918 01/19/2017 MATHESON TRI -GAS INC 6,881.55 348919 01/19/2017 PEOPLE READY INC 13,903.50 348920 01/19/2017 PIT STOP CYCLE INC 185.00 348921 01/19/2017 LJB EQUIPMENT SALES INC 2,411.52 348922 01/19/2017 AZAS COMPANY 194.55 348923 01/19/2017 RUN MY PERMITS. COM 125.00 348924 01/192017 DEAN & AMANDA MCFARLANE 500.00 348925 01/192017 RICARDO MARTINEZ 467.74 348926 01/192017 JAMES W ENNIS 98.75 348927 01/19/2017 ANNELIE PELAEZ 150.00 348928 01/192017 MEDIATRDC360 FOUNDATION 250.00 348929 01/192017 UTILREFUNDS 63.72 348930 01/192017 UTIL REFUNDS 62.51 348931 01/19/2017 UTIL REFUNDS 29.55 348932 01/192017 UTILREFUNDS 374.56 348933 01/192017 UTIL REFUNDS 81.48 348934 01/19/2017 UTIL REFUNDS 64.38 348935 01/19/2017 UTIL REFUNDS 116.88 348936 01/19/2017 UTIL REFUNDS 1.79 348937 01/19/2017 UTIL REFUNDS 75.16 348938 01/192017 UTIL REFUNDS 85.85 348939 01/192017 UTIL REFUNDS 83.21 348940 01/192017 UTIL REFUNDS 69.80 348941 01/192017 UTIL REFUNDS 38.34 348942 01/192017 UTIL REFUNDS 78.51 348943 01/I92017 UTIL REFUNDS 16.48 348944 01/192017 UTIL REFUNDS 78.47 348945 01/192017 UTIL REFUNDS 37.70 348946 01/192017 UTIL REFUNDS 13.64 348947 01/19/2017 UTIL REFUNDS 70.44 348948 01/19/2017 UTIL REFUNDS 42.05 348949 01/192017 UTIL REFUNDS 75.49 348950 01/19/2017 UTIL REFUNDS 19.57 P26 TRANS NBR DATE VENDOR AMOUNT 348951 01/19/2017 UTIL REFUNDS 69.75 348952 01/19/2017 UTILREFUNDS 7.90 348953 01/19/2017 UTIL REFUNDS 7.14 348954 01/19/2017 UTIL REFUNDS 68.24 348955 01/19/2017 UTIL REFUNDS 41.77 348956 01/19/2017 UTIL REFUNDS 88.90 348957 01/19/2017 UTIL REFUNDS 44.93 348958 01/19/2017 UTILREFUNDS 4.99 348959 01/19/2017 UTIL REFUNDS 37.77 348960 01/19/2017 UTIL REFUNDS 12.24 348961 01/19/2017 UTIL REFUNDS 78.18 348962 01/19/2017 UTILREFUNDS 30.02 348963 01/19/2017 UTILREFUNDS 11.97 348964 01119/20I7 UTILREFUNDS 70.08 348965 01/19/2017 UTILREFUNDS 87.20 348966 01/19/2017 UTILREFUNDS 70.42 348967 01/19/2017 UTIL REFUNDS 32.21 348968 01/19/2017 UTEL REFUNDS 283.41 348969 01/19/2017 UTILREFUNDS 117.73 348970 01/19/2017 UTIL REFUNDS 34.92 348971 01/19/2017 UTILREFUNDS 50.78 348972 01/19/2017 UTILREFUNDS 69.02 348973 01/19/2017 UTIL REFUNDS 18.04 Grand Total: 656,382.94 P27 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1010499 01/13/2017 EVERGLADES FARM EQUIPMENT CO INC 274.98 1010500 01/13/2017 COPYCOINC 108.08 1010501 01/13/2017 UNIVERSAL SIGNS & ACCESSORIES 14,114.50 1010502 01/13/2017 INDIAN RIVER OXYGEN INC 1,340.50 1010503 01/13/2017 DAVIDSON TITLES INC 4,716.09 1010504 01/13/2017 GALLS LLC 968.45 1010505 01/13/2017 ABCO GARAGE DOOR CO INC 130.00 1010506 01/132017 SOUTHERN COMPUTER WAREHOUSE 313.72 1010507 01/132017 WIGINTON CORPORATION 282.00 1010508 01/132017 FIRST HOSPITAL LABORATORIES INC 16125 1010509 01/132017 DEERE & COMPANY 36.11 1010510 01/132017 COMMUNITYASPHALT CORP 76.00 1010511 01/132017 COMO OIL COMPANY OF FLORIDA 45.18 1010512 01/13/2017 MIDWEST MOTOR SUPPLY CO 135.50 1010513 01/132017 RECHTIEN INTERNATIONAL TRUCKS 2,735.46 1010514 01/13/2017 SYNAGRO-WWT INC 36,846.80 1010515 01/13/2017 SOUTHERN JANITOR SUPPLY INC 2,600.85 1010516 01/13/2017 CAPITAL OFFICE PRODUCTS 720.94 1010517 01/132017 BENNETTAUTO SUPPLY INC 292.86 1010518 01/132017 HYDRA SERVICE (S) INC 7,464.00 1010519 01/132017 WRIGHT FASTENER COMPANY LLC 214.00 I010520 01/132017 PACE ANALYTICAL SERVICES INC 108.00 1010521 01/132017 EASY PICKER GOLF PRODUCTS INC 1,01127 1010522 01/132017 NEXAIR LLC 1,025.46 1010523 01/132017 METTLER TOLEDO INC 0.00 1010524 01/13/2017 AT&T 21.55 1010525 01/132017 OFFICE DEPOT BSD CUSTOMER SVC 1,013.74 1010526 01/132017 WASTE MANAGEMENT INC 2,894.73 1010527 01/172017 PARKS RENTAL & SALES INC 2,596.00 1010528 01/172017 NORTH SOUTH SUPPLY INC 20A9 1010529 01/172017 INDIAN RIVER OXYGEN INC 2,796.95 1010530 01/172017 APPLE INDUSTRIAL SUPPLY CO 22.42 1010531 01/17/2017 SOUTHERN COMPUTER WAREHOUSE 470.39 1010532 01/17/2017 DEERE & COMPANY 63.62 1010533 01/172017 THYSSENKRUPP ELEVATOR 9,816.00 1010534 01/172017 HD SUPPLY FACILITIES MAINTENANCE LTD 1,796.76 1010535 01/17/2017 GLOBAL GOLF SALES INC 366.72 1010536 01/17/2017 SHRIEVE CHEMICAL CO 9,498.60 1010537 01/172017 ECONOLITE CONTROL PRODUCTS INC 217.00 1010538 01/172017 PACE ANALYTICAL SERVICES INC 6,643.00 1010539 01/172017 EASY PICKER GOLF PRODUCTS INC 336.71 1010540 01/172017 ALLIED DIVERSIFIED OF VERO BEACH LLC 45.00 1010541 01/192017 AT&T 9,426.35 1010542 01/192017 OFFICE DEPOT BSD CUSTOMER SVC 939.73 1010543 01/192017 COMCAST 109.35 1010544 01/192017 POLYDYNE INC 5,014.00 1010545 01/192017 T -MOBILE USA INC 296.75 1010546 01/192017 EVERGLADES FARM EQUIPMENT CO INC 1,500.65 1010547 01/192017 COPYCOINC 54.90 1010548 01/192017 HENRY SCHEIN INC 99.00 1010549 01/192017 COLD AIR DISTRIBUTORS WAREHOUSE 793.44 1010550 01/192017 INDIANRIVER BATTERY 1,657.75 1010551 01/192017 APPLE INDUSTRIAL SUPPLY CO 176.48 1010552 01/192017 GALLS LLC 303.02 1010553 01/192017 MEEKS PLUMBING INC 95.00 1010554 01/19/2017 ST LUCIE BATTERY & TIRE CO 18.95 1010555 01/192017 ALLIED UNIVERSAL CORP 8,890.46 1010556 01/192017 IRRIGATION CONSULTANTS UNLIMITED INC 96.63 P28 TRANS. NBR DATE VENDOR AMOUNT 1010557 01/19/2017 GROVE WELDERS INC 520.09 1010558 01/19/2017 DEERE & COMPANY 125.07 1010559 01/19/2017 BARKER ELECTRIC, AIR CONDITIONING 170.00 1010560 01/19/2017 RECHTIEN INTERNATIONAL TRUCKS 282.67 1010561 01/19/2017 FLAGLER CONSTRUCTION EQUIPMENT LLC 72.12 1010562 01/19/2017 SOUTHERN JANITOR SUPPLY INC 131.40 1010563 01/19/2017 COPYTRONICS INC 847.82 1010564 01/19/2017 CAPTIAL OFFICE PRODUCTS 783.08 1010565 01/19/2017 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 195.03 1010566 01/19/2017 BENNETTAUTO SUPPLY INC 541.66 1010567 01/19/2017 L&L DISTRIBUTORS 290.00 1010568 01/19/2017 STAT MEDICAL DISPOSAL INC 640.00 1010569 01/19/2017 PACE ANALYTICAL SERVICES INC 108.00 1010570 01/19/2017 EASY PICKER GOLF PRODUCTS INC 417.17 Grand Total: 148,938.25 2 P29 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 4856 01/13/2017 BENEFITS WORKSHOP 19.80 4857 01/13/2017 BENEFITS WORKSHOP 6,882.04 4858 01/13/2017 ICMA RETIREMENT CORPORATION 12,224.59 4859 01/13/2017 NACO/SOUTHEAST 27,521.93 4860 01/13/2017 IRC FIRE FIGHTERS ASSOC 6,810.00 4861 01/13/2017 NACO/SOUTHEAST 1,080.95 4862 01/13/2017 FLORIDA LEAGUE OF CITIES, INC 5,118.71 4863 01/13/2017 ICMA RETIREMENT CORPORATION 2,655.00 4864 01/13/2017 CHARD SNYDER & ASSOCIATES INC 184.80 4865 01/13/2017 PATRICK SHEEHAN 384.45 4866 01/13/2017 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 5,955.48 4867 01/13/2017 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 11,638.35 4868 01/13/2017 CDM SMITH INC 3,0I8A0 4869 01/13/2017 INEOS NEW PLANET BIOENERGY LLC 108,943.49 4870 01/13/2017 FL SDU 5,609.82 4871 01/17/2017 IRS -PAYROLL TAXES 497,309.07 4872 01/18/2017 FLORIDA DEPARTMENT OF REVENUE 2,720.49 4873 01/18/2017 FLORIDA DEPARTMENT OF REVENUE 1,222.34 4874 01/19/2017 FLORIDA DEPARTMENT OF REVENUE 798.96 4875 01/19/2017 FLORIDA DEPARTMENT OF REVENUE 20,138.18 Grand Total: 720,236.85 P30 -90 IN 6 JEFFREY R SNHTH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 18012Th Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: January 26, 2017 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS January 20, 2017 to January 26, 2017 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 January 20, 2017 to January 26, 2017. Attachment: P31 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 348974 01/2612017 PAUL CARONE 5,367.00 348975 01/26/2017 LINDSEY GARDENS LTD 727.00 348976 01/26/2017 LARRY STALEY 593.00 348977 01/26/2017 PINNACLE GROVE LTD 1,057.00 348978 01/26/2017 VERO CLUB PARTNERS LTD 1,818.00 348979 01/26/2017 DAVID SPARKS 388.00 348980 01/26/2017 THE PALMS AT VERO BEACH 1,076.00 348981 01/2612017 ED SCHLITT LC 2,974.00 348982 01/26/2017 JOHN OLIVIERA 716.00 348983 01/26/2017 ROBERT L SAMMONS 764.00 348984 01/26/2017 ARTHUR PRUETT 409.00 348985 01/26/2017 JOSEPH LOZADA 570.00 348986 01/26/2017 MICHAELJAHOLKOWSKI 547.00 348987 OU26/2017 LUCYB HENDRICKS 573.00 348988 01/26/2017 ANDRE DORAWA 644.00 348989 01/26/2017 SYLVESTER MC INTOSH 365.00 348990 01/26/20I7 PAULA WHIDDON 553.00 348991 01/26/20I7 COURTYARD VILLAS OF VERO LLC 560.00 348992 01/26/2017 JAMES W DAVIS 372.00 348993 01/26/2017 NITAEZELL 611.00 348994 01/26/2017 LINDSEY GARDENS II LTD 608.00 348995 01/26/2017 MISS INC OF THE TREASURE COAST 2,526.00 348996 01/26/2017 DANIEL CORY MARTIN 2,451.00 348997 01/26/2017 CRAIG LOPES 392.00 348998 01/26/2017 PAULAROGERS & ASSOCIATES INC 650.00 348999 01/26/2017 FIVE STAR PROPERTY HOLDING LLC 847.00 349000 01/26/2017 MARK BAER 3,458.00 349001 01/26/2017 ROBERT J GORMAN 424.00 349002 01/26/2017 JUAN CHAVES 700.00 349003 01/26/2017 REID REALTY 506.00 349004 01/26/2017 MELISSACAMARATA 1,241.00 349005 01/26/2017 AUGUSTUS B FORT JR 581.00 349006 01/26/2017 H&H SHADOWBROOK LLC 568.00 349007 01/26/2017 HUMAYUN SHAREEF 900.00 349008 01/26/2017 NKW-CL LLC 2,686.00 349009 01/26/2017 VERO BEACH PLACE LLC 4,975.00 349010 01/26/2017 WEDGEWOOD RENTALS LLC 750.00 349011 01/26/2017 GNS REAL ESTATE HOLDINGS LLC 2,073.00 349012 01/26/2017 HELPING HANDS REAL ESTATE & INVESTMENT CO 1,275.00 349013 01/26/2017 ALIX DENAEAU 478.00 349014 01/26/2017 JOHN K GERRATO 511.00 349015 01/26/2017 1135 RENTALS LLC 750.00 349016 01/26/2017 STEVEN J BERGAMINO 750.00 349017 01/26/2017 IBIS GARDENS APTS LLC 10,208.00 349018 01/26/2017 PORT CONSOLIDATED INC 34,152.97 349019 01/26/2017 JORDAN MOWER INC 569.48 349020 01/26/2017 COMMUNICATIONS INTERNATIONAL 180.00 349021 01/26/2017 TEN -8 FIRE EQUIPMENT INC 3,956.44 349022 01/26/2017 RANGER CONSTRUCTION IND INC 1,907.40 349023 01/26/2017 RICOH USA INC 249.91 349024 01/26/2017 SAFETY PRODUCTS INC 300.12 349025 01/26/2017 AT&T WIRELESS 851.54 349026 01/26/2017 B G KENN INC 558.00 349027 01/26/2017 KELLY TRACTOR CO 1,075.93 349028 01/26/2017 AMERIGAS EAGLE PROPANE LP 87.21 349029 01/26/2017 AMERIGAS EAGLE PROPANE LP 133.79 349030 01/26/2017 AMERIGAS EAGLE PROPANE LP 144.00 349031 01/26/2017 AMERIGAS EAGLE PROPANE LP 172.22 P32 TRANS NBR DATE VENDOR AMOUNT 349032 01/26/2017 AMERIGAS EAGLE PROPANE LP 68821 349033 01/26/2017 AMERIGAS EAGLE PROPANE LP 1,512.34 349034 01/26/2017 AMERIGAS EAGLE PROPANE LP 1,643.77 349035 01/26/2017 AMERIGAS EAGLE PROPANE LP 1,811.11 349036 01/26/2017 GAYLORD BROTHERS INC 177.72 349037 01/26/2017 LFI FORT PIERCE INC 2,158.80 349038 01/2620I7 MARK W HILL 476.76 349039 01/26/2017 ALLIED ELECTRONICS INC 1,127.60 349040 01/26/2017 BOUND TREE MEDICAL LLC 7,401.48 349041 01/26/2017 ANIMAL CARE EQUIPMENT & SERVICES 152.35 349042 01/26/2017 TIRESOLES OF BROWARD INC 1,793.55 349043 01/26/2017 BARTH CONSTRUCTION INC 241,645.15 349044 01/26/2017 ADVANCED AIRASSOCIATES INC 3,183.00 349045 01/26/2017 CARTER ASSOCIATES INC 1,500.00 349046 01/26/2017 CHILDCARE RESOURCES OF IRC INC 19,131.88 349047 01/26/2017 DELL MARKETING LP 220A9 349048 01/26/2017 XEROX CORP SUPPLIES 233.46 349049 01/26/2017 THE GOODYEAR TIRE & RUBBER COMPANY 1,817.60 349050 01/26/2017 BAKER & TAYLOR INC 3,993.23 349051 01/26/2017 MIDWEST TAPE LLC 221.49 3.49052 01/26/2017 BAKER DISTRIBUTING CO LLC 504.87 349053 01/26/2017 CENGAGE LEARNING INC 507.60 349054 01/26/2017 PENWORTHY COMPANY 1,001.56 349055 01/26/2017 GO COASTAL INC 219.75 349056 01/26/2017 SOFTWARE HARDWARE INTEGRATION 518,957.20 349057 01/26/2017 COMMUNITY ASPHALT CORP 85,606.78 349058 01/26/2017 GREENE INVESTMENT PARTNERSHIP LTD 515.48 349059 01/26/2017 GREENE INVESTMENT PARTNERSHIP LTD 3,713.54 349060 01/26/2017 TINDALE-OLIVER & ASSOCIATES INC 2,058.38 349061 01/26/2017 PING INC 412.62 349062 01/26/2017 PST SERVICES INC 28,401.45 349063 01/26/2017 INDIAN RIVER COUNTY HEALTH DEPT 259.71 349064 01/26/2017 INDIAN RIVER COUNTY HEALTH DEPT 50,235.75 349065 01/26/2017 MEDICAL EXAMINERS OFFICE 30,915.91 349066 01/26/2017 VICTIM ASSISTANCE PROGRAM 5,633.75 349067 01/26/2017 CITY OF VERO BEACH 91,248.16 349068 01/26/2017 CITY OF VERO BEACH 2,072.78 349069 01/26/2017 CITY OF VERO BEACH 11,700.00 349070 01/26/2017 CHAPTER 13 TRUSTEE 201.08 349071 01/26/2017 UNITED WAY OF INDIAN RIVER COUNTY 810.00 349072 01/26/2017 LIVINGSTON PAGE 132.00 349073 01/26/2017 TREASURE COAST HOMELESS SERVICES 693.26 349074 01/26/2017 ACUSHNET COMPANY 2,291.25 349075 01/26/2017 INTERNATIONAL GOLF MAINTENANCE INC 88,148.43 349076 01/26/2017 CULTURAL COUNCIL OF IRC 5,007.89 349077 01/26/2017 EXCHANGE CLUB CASTLE 5,993.33 349078 01/26/2017 EXCHANGE CLUB CASTLE 1,499.84 349079 01/26/2017 WEST PUBLISHING CORPORATION 395.85 349080 01/26/2017 FEDERAL EXPRESS CORP 14.98 349081 01/26/2017 FEDERAL EXPRESS CORP 41.18 349082 01/26/2017 FEDERAL EXPRESS CORP 64.26 349083 01/26/2017 CITY OF SEBASTIAN 24,317.78 349084 01/26/2017 TIMOTHY ROSE CONTRACTING INC 48,983.57 349085 01/26/2017 TRAFFIC PARTS INC 4,184.20 349086 01/26/2017 CALLAWAY GOLF SALES COMPANY 3,242.77 349087 01/26/2017 FLORIDA POWER AND LIGHT 121,958.59 349088 01/26/2017 FLORIDA POWER AND LIGHT 20,004.15 349089 01/26/2017 PHILLIP J MATSON 340.00 349090 01/26/2017 TAYLOR MADE GOLF CO INC 943.64 349091 01/26/2017 CITY OF FELLSMERE 260.61 P33 TRANS NBR DATE VENDOR AMOUNT 349092 01/26/2017 NEW HORIZONS OF THE TREASURE COAST 23,931.00 349093 01/26/2017 CATHOLIC CHARITIES DIOCESE OF PALM BCH 3,639.03 349094 01/26/2017 STRUNK FUNERAL HOMES & CREMATORY 425.00 349095 01/26/2017 JASON E BROWN 380.00 349096 01/26/2017 IRC HEALTHY START COALITION INC 500.00 349097 01/26/2017 IRC HEALTHY START COALITION INC 2,500.00 349098 01/26/2017 IRC HEALTHY START COALITION INC 1,000.00 349099 01/26/2017 IRC HEALTHY START COALITION INC 1,666.67 349100 01/26/2017 GREY HOUSE PUBLISHING 189.00 349101 01/26/2017 TRANSPORTATION CONTROL SYSTEMS 10,790.00 349102 01/26/2017 HENRY SMITH 252.00 349103 01/26/2017 INDIAN RIVER COUNTY HISTORICAL 3,028.25 349104 01/26/2017 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 169.00 349105 01/26/2017 BANK OF NEW YORK 1,487.50 349106 01/26/2017 DONADIO AND ASSOCIATES ARCHITECTS 5,700.88 349107 01/26/2017 PINNACLE GROVE LTD 500.00 349108 01/26/2017 SYMBIONT SERVICE CORP 129.00 349109 01/26/2017 CAROLINA SOFTWARE INC 500.00 349110 01/26/2017 BRIDGESTONE AMERICAS INC 1,996.88 349111 01/26/2017 PELICAN ISLAND AUDUBON SOCIETY INC 3,982.50 349112 01/26/2017 LINCOLN EQUIPMENT INC 1,519.95 349113 01/26/2017 PUKKAINC 1,480.80 349114 01/26/2017 FLORIDA SECTION IMSA 270.00 349115 01/26/2017 RUSSELL PAYNE INC 284.76 349116 01/26/2017 TRANE US INC 295,836.84 349117 01/26/2017 ROWMAN & LITTLEFIELD 134.50 349118 01/26/2017 CELICO PARTNERSHIP 223.57 349119 01/26/2017 CELICO PARTNERSHIP 2,026.03 349120 01/26/2017 VAN WAL INC 25.00 349121 01/26/2017 BIG BROTHERS AND BIG SISTERS 1,250.00 349122 01/26/2017 BIG BROTHERS AND BIG SISTERS 3,811.21 349123 01/26/2017 THE SHERWIN WILLIAMS CO 144.85 349124 01/26/2017 FRANK BLAKE 500.00 349125 01/26/2017 SHUBIN & BASS PA 4,795.00 349126 01/26/2017 MBV ENGINEERING INC 2,646.00 349127 01/26/2017 CENTRAL PUMP & SUPPLY INC 113.25 349128 01/26/2017 ADMIN FOR CHILD SUPPORT ENFORCEMENT 262.90 349129 01/26/2017 ADMIN FOR CHILD SUPPORT ENFORCEMENT 266.47 349130 01/26/2017 ADMIN FOR CHILD SUPPORT ENFORCEMENT 148.68 349131 01/26/2017 GARY L EMBREY 258.00 349132 01/26/2017 LARRY STEPHENS 356.00 349133 01/26/2017 ARDAMAN & ASSOCIATES INC 1,217.50 349134 01/26/2017 DAVID SMITH 4.00 349135 01/26/2017 PETER OBRYAN 44.09 349136 01/26/2017 JOHNNY B SMITH 282.00 349137 01/26/2017 MOORE MEDICAL LLC 992.09 349138 01/26/2017 MENTAL HEALTH ASSOCIATION IRC INC 15,000.00 349139 01/26/2017 CEMEX 782.50 349140 01/26/2017 FULL GOSPELASSEMBLY INC OF VB 1,084.44 349141 01/26/2017 RICHARD J GOLD 335.58 349142 01/26/2017 DALES LEATHERMAN 30.00 349143 01/26/2017 DEBRA STEWART 263.30 349144 01/26/2017 ROBERT SOLARI 29.50 349145 01/26/2017 NICOLACE MARKETING INC 3,239.00 349146 01/26/2017 SEASIDE LANDSCAPES INC 4,115.00 349147 01/26/2017 VERA SMITH 72.00 349148 01/26/2017 GARRETT SMITH 220.00 349149 01/26/2017 ECMC 254.59 349150 01/26/2017 OVERDRIVE INC 836.89 349151 01/26/2017 FLORIDA ENVIRONMENTAL CONSULTING INC 2,833.37 P34 TRANS NBR DATE VENDOR AMOUNT 349I52 01/26/2017 ORLANDO FREIGHTLINER INC 56.83 349153 01/26/2017 ALAN JAY CHEVROLET CADILLAC 23,551.89 349154 01/26/2017 ALAN JAY FORD LINCOLN MERCURY INC 28,044.00 349155 01/26/2017 ELSAM REYES 500.00 349156 01/26/2017 TIM ZORC 97.75 349157 01/26/2017 LOWES HOME CENTERS INC 342.64 349158 01/26/2017 SOUTHWIDE INDUSTRIES INC 10,257.75 349159 01/26/2017 PENGUIN RANDOM HOUSE LLC 27930 349160 01/26/2017 CARMEN LEWIS 180.00 349161 01/26/2017 STRAIGHT OAK LLC 1,758.82 349162 01/26/2017 SEAN MAKI COMMUNICATIONS LLC 175.00 349163 01/26/2017 CALDWELI. PACETTI EDWARDS 907.50 349164 01/26/2017 SOUTHERN MANAGEMENT LLC 26,425.00 349165 01/26/2017 DEBORAH CUEVAS 126.00 349166 01/26/2017 KATE P COTNER 386.14 349167 01/26/2017 SUSANADAMS 43.97 349168 01/26/2017 FAMILY SUPPORT REGISTRY 156.45 349169 01/26/2017 THE LAW OFFICES OF 1,251.00 349170 01/26/2017 NAPIER & ROLL.IN PLLC 962.50 349171 01/26/2017 MELISSA CAMARA7:A 500.00 349172 01/26/2017 RELIANT FIRE SYSTEMS INC 170.00 349173 01/26/2017 COBRA GOLF INCORPORATED 2,907.03 349174 01/26/2017 ANFIELD CONSULTING GROUP INC 10,000.00 349175 01/26/2017 ENCORE ONE LLC 1,083.87 349176 01/26/2017 DRURY HOTELS INC 34.30 349177 01/26/2017 LONGHORN LANDSCAPING AND SOD LLC 2,450.25 349178 01/26/2017 TRIAD RAILROAD CONSULTING LLC 13,396.11 349179 01/26/2017 SCRIPPS NP OPERATING LLC 2,420.94 349180 01/26/2017 GENUINE PARTS COMPANY 16.99 349181 01/26/2017 UNIFIRST CORPORATION 1,076.59 349182 01/26/2017 WILSON SPORTING GOODS CO 521.16 349183 01/26/2017 SCHUMACHERAUTOMOTIVE DELRAY LLC 63.10 349184 01/26/2017 SITEONE LANDSCAPE SUPPLY LLC 99.40 349185 01/26/2017 ADVANCE STORES COMPANY INCORPORATED 178.13 349186 01/26/2017 RIOMAR TITLE LLC 47.54 349187 01/26/2017 113KUL CORP 2,409.80 349188 01/26/2017 AC VETERINARY SPECIALTY SERVICES 205.50 349189 01/26/2017 WEDGEWOOD RENTALS LLC 500.00 349190 01/26/2017 SILVIO MARTINEZ 92.00 349191 01/26/2017 JONATHAN DALESSIO 60.00 349192 01/26/2017 PEOPLE READY INC 9,575.28 349193 01/26/2017 KEITHADAMS 258.00 349194 01/26/2017 RAUL E VIVANCO 336.00 349195 01/26/2017 WILLIS SPORTS ASSOCIATION LLC 932.90 349196 01/26/2017 COLE AUTO SUPPLY INC 342.94 349197 01/26/2017 RAFCOINC 75.00 349198 01/26/2017 SAMArTTH SANTANA TIRU 24.00 349199 01/26/2017 THOMAS WESTERMEIER 48.46 349200 01/26/2017 PATRICIAROHWBDDER 36.02 349201 01/26/2017 PRP CONSTRUCTION GROUP LLC 26,692.25 349202 01/26/2017 SEBASTIAN SENIOR REAL ESTATE LLC 13,255.60 349203 01/26/2017 LC CONSTRUCTION FLORIDA INC 72,070.93 349204 01/26/2017 PUCHSTEIN PROMOTIONS LLC 250.00 349205 01/26/2017 WILLLAM GRAVES 50.00 349206 01/26/2017 BELSITO COMMUNICATIONS INC 80.00 349207 01/26/2017 WANSER CONSTRUCTION COMPANY INC 18,364.00 349208 01/26/2017 UTIL REFUNDS 89.37 349209 01/26/2017 UTIL REFUNDS 100.00 349210 01/26/2017 UTIL REFUNDS 35.19 349211 01/26/2017 UTIL REFUNDS 73.03 4 P35 TRANS NBR DATE VENDOR AMOUNT 349212 01/26/2017 UTILREFUNDS 21.59 349213 01/26/2017 UTILREFUNDS 106.08 349214 01/26/2017 LmLREFUNDS 74.41 349215 01/26/2017 unLREFUNDS 89.37 349216 01/26/2017 UTILREFUNDS 82.66 349217 01/26/2017 UTILREFUNDS 43.19 349218 01/26/2017 LmL REFUNDS 43.88 349219 01/26/2017 UTILREFUNDS 44.72 349220 01/26/2017 JESICCA C ANDERLY 300.00 349221 01/26/2017 BRMGETTE EARNEY 100.00 Grand Total: 2,247,801.44 5 P36 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1010571 01/23/2017 EVERGLADES FARM EQUIPMENT CO INC 743.49 1010572 01/23/2017 COPYCOINC 389.01 1010573 01%1312017 NORTH SOUTH SUPPLY INC 114.84 1010574 O 1/232017 INDIAN RIVER BATTERY 605.80 1010575 01/2312017 INDIAN RIVER OXYGEN INC 70.00 1010576 01/23/2017 DEMCO INC 76.32 1010577 01/232017 GROVE WELDERS INC 3,692.09 1010578 01/232017 DEERE & COMPANY 63.62 1010579 01232017 DLT SOLUTIONS LLC 5,992.86 1010580 01232017 COMO OIL COMPANY OF FLORIDA 26.62 1010581 01232017 COMPLETE ELECTRIC INC 6,200.00 1010582 0123/2017 ECONOLITE CONTROL PRODUCTS INC 626.00 1010583 01232017 RECHTIEN INTERNATIONAL TRUCKS 2,009.98 1010584 01232017 SOUTHERN JANITOR SUPPLY INC 1,512.90 1010585 01/2320I7 COPYTRONICS INC 1,570.63 1010586 01232017 CAPITAL OFFICE PRODUCTS 337.99 1010587 01232017 FOXCROFT EQUIPMENTAND SERVICE COMPANY LLC 1,053.40 1010588 01232017 HORIZON DISTRIBUTORS INC 73.76 1010589 01232017 MET -PRO TECHNOLOGIES LLC 8,874.00 1010590 01232017 ALLIED DIVERSIFIED OF VERO BEACH LLC 4,000.00 1010591 01232017 NEXAIR LLC 55.64 1010592 01252017 EVERGLADES FARM EQUIPMENT CO INC 2,118.47 1010593 01252017 COPYCOINC 133.15 1010594 01252017 HENRY SCHEIN INC 3,498.90 1010595 01252017 COLD AIR DISTRIBUTORS WAREHOUSE 216.13 1010596 01252017 INDIAN RIVER BATTERY 568.95 1010597 01252017 MIKES GARAGE & WRECKER SERVICE INC 600.00 1010598 01252017 APPLE INDUSTRIAL SUPPLY CO 34.52 1010599 01252017 GALLS LLC 1,489.19 1010600 01252017 GROVE WELDERS INC 394.84 1010601 01252017 SOUTHERN COMPUTER WAREHOUSE 251.80 1010602 01252017 GLOBAL GOLF SALES INC 12.75 1010603 01252017 MIDWEST MOTOR SUPPLY CO 208.76 1010604 01252017 SOUTHERN JANITOR SUPPLY INC 28723 1010605 01252017 COPYTRONICS INC 47.55 1010606 01252017 CAPITAL OFFICE PRODUCTS I2023 1010607 01252017 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 180.00 1010608 01252017 BENNETT AUTO SUPPLY INC 568.47 1010609 01252017 AUTO PARTNERS LLC 925.71 1010610 01252017 L&L DISTRIBUTORS 243.93 1010611 01252017 EASY PICKER GOLF PRODUCTS INC 3,041.75 1010612 01252017 NEXAIR LLC 43.38 1010613 01252017 AT&T 9,496.84 1010614 01252017 OFFICE DEPOT BSD CUSTOMER SVC 1,381.20 1010615 01252017 WASTE MANAGEMENT INC 3,022.61 Grand Total: 66,97531 P37 ELECTRONIC PAYMENTS - WME & ACH TRAINS NB R DATE VENDOR 4876 01/20/2017 FLORIDA DEPARTMENT OF BUSINESS AND 4877 01/20/2017 KIMLEY HORN & ASSOC INC 4878 01/20/2017 SCHOOL DISTRICT OF I R COUNTY 4879 01/24/2017 INDIAN RIVER COUNTY SHERIFF 4880 01/25/2017 INDIAN RIVER COUNTY PROPERTY APPRAISER Grand Total: AMOUNT 10,200.04 8,692.50 88,726.00 500,000.00 256,250.49 863,869.03 P38 qQ1 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller P.O. Box 1028 Vero Beach, FL 32961-1028 Telephone: (772) 770-5185 TO: Board of County Commissioners FROM: Diane Bernardo, Finance Director THROUGH: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller DATE: January 31, 2017 SUBJECT: Regions Lockbox Contract On October 18, 2016, the Board awarded the lockbox services for the Board of County Commissioners to Regions Bank and authorized staff to work with Regions Bank on a contract to bring back to the Board at a later date. Since that time, Finance staff and the County Attorney's Office have worked with Regions Bank to complete the final agreement. That agreement, amendment and customer profile are attached and submitted for your approval. Recommendation: Finance staff respectfully requests that the Board approve the attached documents and authorize the Chairman to sign them. P39 A REGIONS MASTER AGREEMENT FOR TREASURY MANAGEMENT SERVICES (rev. 7/2015) This Master Agreement for Treasury Management Services ("Master Agreement") applies to and governs the use of Services provided by and/or through the Treasury Management Services department of Regions Bank. This Master Agreement supersedes and replaces all prior versions and editions of the Master Agreement for Treasury Management Services as of the effective date set forth above. By enrolling for the use of any Service, or by using or allowing any others to use any Service in relation to any of Customer's Accounts, Customer accepts and agrees to the terms and conditions of Part I of this Master Agreement, which is applicable to all Services, as may be in effect from time to time. Customer also accepts and agrees to the terms and conditions of those Articles in Part 2 of this Master Agreement governing the specific Service(s) Customer has selected in the Customer Profile. PART l: GENERAL TERMS AND CONDITIONS Definitions. The following definitions apply when the following terms are used in this Master Agreement: "Account" means any depositloan, or other account maintained by Customer with Bank which is eligible for any Service and which is used or affected in connection with the use of any Service. Bank reserves the right to determine the eligibility and/or ineligibility of any account for any Service at any time and from time to time, in Bank's sole and absolute discretion. "Authorized User" means any person or entity authorized by Customer to use any Service or to access any Customer Account, or reasonably believed by Bank to have been authorized by Customer to use any Service or to access any Customer Account, including (without limitation) any person or entity to which Customer has provided or disclosed a Security Device or made available or disclosed any Security Procedures, or any person or entity knowing or in possession of a Security Device or Security Procedure without regard to whether such person or entity gained access to or possession of the Security Device or Security Procedure from Customer, andlor any person or entity expressly authorized b use any Service or access any Customer Account in any Customer Profile or Service Schedule. Any Authorized User shall continue to be an Authorized User unless and until Customer has notified Bank, according to notification procedures prescribed by Bank, that such person or entity is no longer an Authorized User and until Bank has had a reasonable opportunity to act upon such notice. "Bank" means and refers to, as the context may require, Regions Bank or any affiliate of Regions Financial Corporation with which Customer has established one or more Accounts, and/or any agent, independent contractor, designee, or assignees that Bank may, in its sole discretion, involve in the provision of the Services. With regard to any arbitration and/or waiver of jury trial provisions set forth in this Master Agreement, such term additionally includes any parent, subsidiary, or affiliate ofRegions Bank, and any employees, officers, directors, agents and/or representatives of Regions Bank or of Regions Bank's parents, subsidiaries, or affiliates. "Confidential Information" means any and all documents, materials, data and/or information, in whatever form or format (including, without limitation, electronic media), which relates to any Service (including, without limitation, the Service Materials and Bank's product and service pricing structure, system design, and programming techniques), and any other information which Bank designates, orally or in writing, as confidential or proprietary information or which Customer has reason to know is confidential or proprietary information; provided, however, that notwithstanding the foregoing, Confidential Information shall not include information which is proprietary information of Customer, or which becomes generally available to the public other than as a result of a disclosure by or through Customer, or its agents, employees, representatives, contractors, subcontractors, successors or assigns, or which becomes available to Customer on a non -confidential basis from a source other than Bank, provided that such source is not bound by a confidentiality agreement with Bail; or is not otherwise prohibited from transmitting the information by a contractual, legal or fiduciary obligation. "Customer" means and refers to, as the context may require, each and every person or entity which now or hereafter is an Account holder with respect to, or has any interest in, any Account, and each and every person or entity which now or hereafter subscribes to or uses any of the Services. "Customer Profile" means any enrollment or informational document or form required or approved by Bank that is completed, submitted, or executed by or on behalf of Customer and that requests Bank to provide any Services, provides specifications relating to the provision of Services, or provides other information or confirmation relating to Customer's use of any Services, as amended from time to time. "General Terms " means the provisions contained in "Part 1: General Terms and Conditions" of the Master Agreement. "Securit ,Device" means, without limitation, any code, password, personal identification number, user identification technology, token, certificate, or other element, means, or method of authentication or identification used in connection with a Security Procedure. "Security Procedure" means any process or procedure established between Customer and Bank for the purpose of verifying that communications, orders, instructions, or inquiries regarding a Service transaction or other Service activity are those of Customer, and/or P40 for the purpose of authenticating Customer or its Authorized Users in connection with Customer's use of the Services, and/or for the purpose of authorizing transactions and other activity through the use of the Services, which process or procedure may or may not involve the use of a Seem* Device, as set forth in this Master Agreement, any appl icable Customer Profile, Service Schedul e, or User Guide. "Service" means any feature, functionality, product, and/or service provided, managed, or administered by or through Bank's Treasury Management Services departrnent, as evidenced by and/or described in this Master Agreement, any Service Schedule, User Guide, or Customer Profile. As used in any Article of Part 2 of this Master Agreement, unless the context indicates otherwise, "Service" means the particular service at issue in that Article. Service Materials" means, without limitation, any and all equipment, hardware, software, computer programs (together with the object and source codes therefore, and any updates, upgrades, fixes, and enhancements thereto), operational manuals, documentation, User Guides, instructions, records, files, systems, marks, visual expressions, screen formats, report formats, designs, inventions, processes, improvements and enhancements to inventions and processes, ideas, methods, algorithms, concepts, formulae, Security Devices, technological and procedural information, data, any of the foregoing specially customized, created or developed for Customer's use of the Services, and/or any other thing of a proprietary nature which is developed, created, or provided by Bank or its contractors, as applicable, for use in connection with any Service, together with all adaptations or derivative works (as such term is used in the U.S. copyright laws) based upon any of the foregoing and all copies of the foregoing. "Service Schedule" means and refers to any document, form or agreement required or approved by Bank which provides specifications relating to the provision of a Service, or provides other information or confirmation relating to Customer's use of any Services, as may be amended, revised or updated from time to time. A Service Schedule may also describe any particular Service and set forth particular terms and conditions prescribed by Bank regarding the provision and use of such Service, as amended from time to time. "Third Party Service Provider" means any third party engaged or contracted by Bank to provide or assist in the provision of certain Services or any features, functions, or elements thereof or products relating thereto. "User Guide" means any instructional materials or information relating to the use of any Service and provided by Bank or its Third Party Service Provider(s) in connection with such Service, as amended from time to time. Other terms may be defined elsewhere in this Master Agreement. 2. Service Enrollment. In order to enroll for and use a Service, Customer must complete, execute and/or accept the applicable Customer Profile(s) and Service Schedule(s) required by Bank therefore. Be* in its discretion, may not permit Customer to use the Service until Bank has determinedthat Customer has accepted or executedthe applicable documentation and otherwise provided appropriate information and specifications for the use of the Service, and until Bank has had a reasonable opportunity to activate the Service. In any event, Customer agrees that the use by Customer or any Authorized User of any Service shall, without any further action or execution or acceptance of any documentation on the part of Customer, constitute Customer's acceptance of and agreement to Bank's terms and conditions for the use of such Service as may be in effect as of the time of such usage, whether set forth in this Master Agreement, any applicable Service Schedule or Customer Profile, or otherwise prescribed by Bank. The terms of any Customer Profile and/orService Schedule, as well as the tents of any User Guide applicable to a Service, supplement the terms of this Master Agreement and constitute part of the agreement between Customer and Bank for the use and provision of the applicable Service(s), and Customer agrees to observe and comply with all of such terms in the use of any applicable Service. In the event of a conflict between the terms of this Master Agreement and those of any Customer Profile, Service Schedule, or User Guide, the terms ofthe CustomerProfile, Service Schedule, or User Guide, as applicable, shall govern and control with respect to the Service at issue. 3. Equipment Rernrirements. Except as otherwise expressly provided in any applicable Article of Part 2 of this Master Agreement or any Service Schedule, Customer, at Customdes expense, is responsible for obtaining and for properly installing, maintaining, and securing all telephone equipment and services, internet connection services, computer hardware and software (and any and all necessary upgrades thereto), and any other equipment necessary for Customer to access and use the Services. Customer agrees that Customer's equipment and third party services shall at all times meet or exceed the minimum specifications prescribed by Bank from time to time for use of the Services. Bank makes no warranty, either express or implied, to Customer regarding Customer's computer systems or related equipment or software, or that of any of Customer's third party providers or contractors, including but not limited to, any warranty ofMERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. To the extent that Bank provides any Service Materials to Customer. Customer agrees that: (a) the Service Materials shall be installed, tested, placed into production, and used in accordance with the instructions provided by Bank, as modified or amended from time to time; (b) all right, title and interest in and to any and all Service Materials shall be and remain the property of Bank or the third party provider of such Service Materials, as applicable; 2 of 29 P41 (c) unless otherwise expressly authorized in writing by Bank, Customer may not copy, reproduce, retransmit, disseminate, display, publish, sell, broadcast, circulate, distribute, transfer, assign, commercially exploit, or create derivative works of any Service Materials; (d) Customer shall not create or recreate the source code for any Service Materials, or re-engineer, reverse engineer, reverse compile, decompile or disassemble any Service Materials; (e) Customer shall not refer to or use any Service Materials () to modify, adapt, translate or create derivative works based upon any Service or User Guide, or combine or merge any part of any Service or User Guide with or into any other software or documentation; or (ii) as part of any effort to develop a program having any functional attributes, visual expressions or other features similar to those of any Service or to compete withSank or its Third Party Service Providers; (t) upon the termination of a Service for any reason, or at any time upon request by Bank, Customer shall return to Bank in good condition any and all Service Materials; and (g) Customer shall pay Bank's costs, fees, and expenses for the replacement or teissuance of any lost or damaged Service Materials. To the extent that Customer engages any third party contractor or service provider to facilitate Customer's use of any Services, Customer agrees that such party acts as Customer's agent in connection with this Master Agreement and agrees to ensure that such party observes, complies with, and does not breach any duty, term, condition, obligation, or responsibility on the part of Customer to be performed, observed or complied with pursuant to this Master Agreement. Customer fiuilier agrees that Bank shall not be responsible for, and shall have no duty to remedy or correct, any acts, omissions, breaches, defaults, or nonperformance on the part of any such•third party with respect any services, products, equipmi:nt, or goods provided by such third party to Customer. Security Procedures for Service Activity. (a) As to any Security Procedures agreed to by and between Customer and Bank with respect to any Service, Customerrepresents that Customer has carefully considered the circumstances of Customer's use of the Service and the transactions and activity that Customer will effeetthrough theService,and Customer acknowledges and agrees that the Security Procedures, including (without limitation) any SecurityDevices used in connection therewith, constitute commercially reasonable security procedures under applicable law for the transactions and activity Customer intends to effect through the Service. Customer authorizes Bank to follow any and all instructions entered and transactions initiated using applicable Security Procedures unless and until Customer has notified.Bank, according to notification procedures prescribed by Bank, that the Security Procedures or any Security Device has been stolen, compromised, or otherwise become known to persons other than Authorized User; and until Bank has had a reasonable opportunity to act upon such notice. Customer agrees that the initiation of a transaction using applicable Security Procedures constitutes sufficient authorization for Bank to execute such transaction notwithstanding any particular signature requirements identified on any signature card or other documents relating to Customer's Account, and Customer agrees and intends that the submission of transaction orders and inshuctions using the Security Procedures shall be considered the same as Customer's written signature in authorizing Bank to execute such transaction. Customer acimowledges and agrees that Customer shall be bound by any and all transactions and activity effected through the Service through the use of such Security Procedures, whether authorized or unauthorized, and by any and all transactions and activity otherwise initiated by Authorized Users, to the fullest extent allowed by law. Customer further acknowledges and agrees that the Security Procedures are not designed to detect error in the transmission or content of communications or instructions made through the Service and that Customer bears responsibility for detecting and preventing such error. (b) Customer agrees to keep all Security Procedures and Security Devices protected, secure, and strictly confidential and to provide or make available the same only to Authorized Users. Customer agrees to instruct each Authorized User not to disclose or provide any Security Procedures or Security Devices to any unauthorized person. Upon the request of Bank, or as provided in any applicable Article of Part 2 of this Master Agreement or any applicable Customer Profile or Service Schedule, Customer shall designate a security administrator to whom Bank may distribute Security Devices and with whom Bank nary otherwise communicate regarding Security Procedures. Customer's system administrator shall have responsibility to distribute Security Devices to Customer's Authorized Users and to ensure the proper implementation and use of the Security Procedures by Customer's Authorized Users. Where Customer has the ability to change or modify a Security Device from time to time (e.g., a password or PIN), Customer agrees to change Security Devices frequently in order to ensure the security of the Security Device. Customer agrees to notify Bank immediately, according to notification procedures prescribed by Bank, if Customer believes that any Security Procedures or Security Device has been stolen, compromised, or otherwise become known to persons other than Authorized Users or if Customer believes that any Service transaction or activity is unauthorized or in error. In the event of any actual or threatened breach of security, Bank may issue Customer a new'Security Device or establish new Security Procedures as soon as reasonably practicable, but Bank shall not be liable to Customer or any third party for any delay in taking such actions. (c) Customer agrees that Bank may rely upon any written signature if in good faith believed by Bank to be the genuine signature of an Authorized User. Each Authorized User is -authorized to conduct any transaction within the scope of this Master Agreement and, unless 3 of 29 P42 otherwise expressly provided in any applicable Article of Part 2 of this Master Agreement or any applicable Customer Profile or Service Schedule, any Authorized User may act alone. Customer agrees to notify Bank immediately, according to notification procedures prescribed by Bank, if the authority of any Authorized User shall change or be revoked. Customer shall recover and return to Bank any Security Devices in the possession of any Authorized User whose authority to have the Security Device has been revoked. (d) Bank reserves the right to modify, amend, supplement, or cancel any or all Security Procedures, and/or to cancel or replace any Security Device, at any time and from time to time in Bank's discretion. Bank will endeavor to give Customer reasonable notice of any change in Security Procedures; provided that Bank may make any change in Security Procedures without advance notice to Customer if Bank, in its judgment and discretion, believes such change to be necessary or desirable to protect the security of Bank's systems and assets. Customer's implementation and use of any changed Security Procedures and/or continued use of the Service after any change in Security Procedures shall constitute Customer's agreement to the change and Customer's agreement that the applicable Security Procedures, as changed, are commercially reasonable and adequate for the purposes intended. (e) In the event of the breach of any applicable Security Procedure, Customer agrees to assist Bank in determining the manner and source of the breach. Such assistance shall include, but shall not be limited to, providing Bank or Bank's agent access to Customer's systems, computer hardware and software, storage mediaand devices, and any other equipment or device that was used or may have been used in breach of the Security Procedure. Customer further agrees to provide to Bank with any analysis of such systems, computer hardware and software, storage media and devices, and other equipment or devices, or any report of such analysis, performed by Customer, Customer's agents, law enforcement agencies, or any other third party Failure of Customer to assist Bank shall be deemed an admission by Customer that the breach of the Security Procedure was caused by a person who obtained access to transmitting facilities of Customer or who obtained information facilitating the breach of the Security Procedure from Customer and not from a source controlled by Bank. (0 Bank reserves the right to establish from time to time, in its discretion, limitations and restrictions with respect to Service transaction amounts, frequency of Service transactions, the types of Accounts that are eligible for Services, and other matters relating to the Services based on factors deemed significant by Bank in its sole discretion. Customer agrees to abide by and be bound by all limitations and restrictions imposed from time to time by Bank, and Customer acknowledges and agrees that such limitations and restrictions are for the sole protection of the Bank. Bank will endeavor to provide Customer with reasonable notice of limitations and restrictions (except to the extent that the confidentiality thereof is necessary to maintain the security of Bank's systems); provided, drat Bank may impose immediate limitations and restrictions, or make changes thereto, without advance notice to Customer if Bank, in its judgment and discretion, believes the same to be necessary or desirable to protea the security of Bank's systems and assets. Physical and Electronic Security. (a) Customer is solely responsible for providing for and maintaining the physical, electronic, procedural, administrative, and technical security of data and s}5tems in Customer's possession or under Customer's control. Bank is not responsible for any computer viruses (including, without limitation, programs commonly referred to as "malware," "keystroke loggers," and/or "spyware), problems or malfunctions resulting from any computer viruses, or any related problems that may be associated with the use of an online system. Any material downloaded or otherwise obtained through the use of any electronic Service is obtained at Customer's own discretion and risk, and Bank is not responsible for any damage to Customer's computer or operating systems or for loss of data that results from the download of any such material, whether due to any computer virus or otherwise. Customer is solely responsible for maintaining and applying anti -vino software, security patches, firewalls, and other security measures with respect to Customer's operating systems, and for protecting, securing, and backing up any data and information stored in or on Customer's operating systems. Bank is not responsible for any errors or failures resulting from defects in or malfunctions of any software installed on Customer's operating systems. (b) Customer acknowledges and agrees that it is Customer's responsibility to protect itself and to be vigilant against e-mail fraud and other internet frauds and schemes (including, without limitation, fraud commonly referred to as "phishing"). Customer agrees to educate Customers .Authorized Users, agents, and employees as to the risks of such fraud and to train such persons to avoid such risks Customer acknowledges that Bank will never contact Customer by e-mail in order to ask for or to verify Account numbers, Security Devices, or any sensitive or confidential information. In the event Customer receives an e-mail or other electronic communication that Customer believes, or has reason to believe, is fraudulent, Customer agrees that neither Customer nor its Authorized Users, agents, and employees shall respond tothe e-mail, provide any information to the a -mail sender, click on any links in the e-mail, or otherwise comply with any instructions in the e-mail. Customer should forward any suspected fraudulent or suspicious e-mail to phishing(g regions.com or as Bank otherwise may direct. Customer agrees that Bank is not responsible for any losses, injuries, or harm incurred by Customer as a result of any electronic, e-mail, or intemet fraud. 6. Data Recording. Customer agrees that Bank may (without any obligation) record, retain, and/or monitor any information, data, or communications (including, without limitation, telephone conversations) furnished, exchanged, or made in connection with this Master Agreement or any Services provided hereunder without further notice to any person. All such information, data, and communications recorded, retained, or monitored by Bank shall be and remain the property of Bank. Bank may, in its sole discretion, make such information, data or communications available to Customer upon Customer's written request therefor, and Customer agrees to pay Bank for any expenses Bank incurs in making such information, data or communications available to Customer or to any third parry at Customer's request. Customer acknowledges that Customer is responsible for the maintenance and storage of Customer's own data and other information created through Customer's use of the Services. 4 of 29 P43 7. Prohibited Transactions. Customer agrees to comply with all applicable laws and regulations in connection with Customer's use of the Services. Customer further agrees to be bound by operating rules and regulations imposed by any processing networks, funds transfer systems, or clearinghouses in which Bank participates and/or which process Service transactions. Customer agrees not to use or attempt to use any Service (a) to overdraw any Customer Account (unless and only to the extent that Customer has overdraft rights or privileges pursuant to an express written agreement with Bank), (b) to exceed any credit limit on any credit Account, (c) to engage in any illegal purpose or activity or to violate any applicable law, rule or regulation, (d) to breach any contract or agreement by which Customer is bound, or (e) to engage in any internet or online gambling transaction, whether or not gambling is legal in any applicable jurisdiction, or (f) to engage in any transaction or activity that is not specifically authorized and permitted by this Master Agreement or the applicable Service Schedule or Customer Profile. Customer acknowledges and agrees that Bank has no obligation to monitor Customer's use of the Services for transactions and activity that is impermissible or prohibited under the terms of this Master Agreement; provided, however, that Bank reserves the right to decline to execute any transection or activity that Bank believes violates the terms of this Master Agreement. 8. information Obtained Througb Services Any Account, transaction, or activity information that is provided to Customer through a Service will include a date and/or time as of when such information is current. Customer acknowledges that such information may not reflect transactions and activity in proem and may, therefore, differ from Customer's own records. The number of records available through any Service, and the period of time during which such records may be available, will be determined by Bank from time to time in its discretion. Bank makes no representation or warranty as to the completeness, accuracy, reliability, or currency of any third parry information or data that Customer obtains through the use of any Services. Customer agrees to promptly and regularly review Account, transaction, and activity information that is made available through applicable Services and to notify Bank immediately of any errors or suspected unauthorized transactions or activity, according to notification procedures prescribed by Bank. Customer agrees not to rely or act upon any data or information obtained through the Services that Customer knows, or has reason to know, is erroneous, incomplete, or not current. 9. Electronic Records and Signatures. Customer agrees and consents to enter into agreements and to accept Service terms, conditions, and information electronically, and otherwise to transact Service business with Bank electronically, as Bank directs or requites. Customer agrees that C,tiustomet's use of electronic sounds, symbols, or processes required by Bank to establish Customer's acceptance of or agreement to Service terms, conditions, and/or disclosures constitutes Customer's electronic signature and signifies Customer's intent to be bound. To the extent that any Service provides for the use and delivery of electronic records, Customer consents to the receipt of electronic records of Service information, documentation, and data in lieu of a hard or paper copy or version thereof. Customer agrees that Customer shall not alter any electronic information, data, or records furnished by Sank, and Customer agrees that Bank's record of any such information, data, or records is the best evidence of the information set forth therein. Bank reserves the right to furnish to Customer, and the right to require Customer to famish to Bank, writings or paper copies of information, communications, data, or records relating to any Service, in lieu of and/or in addition to electronic records thereof; at any time in Bank's discretion. 10. Customer Information Customer shall from time to time provide Bank with such financial and other information or documentation as Bank may request for the purpose of determining Customer's eligibility and/or qualifications for any Service, for the purpose of enabling Bank to provide or deliver tin Services, or for the purpose of enabling Bank to comply with applicable laws and regulations (including, without limitation, such information as Bank may require relating to Authorized Users and such information or documentation as Bank may require with respect to Customer's corporate or organizational authorizations and resolutions ). Customer agrees to provide any information promptly upon Bank's request therefor, in the form required byBank. Customer authorizes Bank to investigate or reinvestigate at anytime any information provided by Customer and to request reports on Customer's financial condition and business affairs from third party reporting agencies from time to time as Bank deems desirable in its discretion. Customer further agrees to execute and deliver such additional documentation as Bank may from time to time require to confirm Customer's continuing eligibility for and agreement to the terms and conditions for the use of the Services. Customer agrees that Bank may disclose Customer information to third parties as Bank deems necessary or convenient in order to discharge Bank's duties and responsibilities in the delivery of the Services and in the execution of Service transactions and activity, and/or as necessary for Bank to comply with applicable law or regulation. Customer frMher agrees to permit Bank physical access to Customer's facilities from time to time upon Bank's request for the purpose of verifying any information provided by Customer in connection with the Services and/or for the purpose of verifying Customer's compliance with the terms and provisions of this Master Agreement or any applicable Service Schedule. 11. Fees and Charges Customer agrees to pay all fees, charges, and assessments imposed by Bank for use of the Services, as set forth in the applicable Service Schedules or in Bank's fee schedules. Bank, in its discretion, may collect any fees, charges, assessments, taxes, and commissions due from Customer by debiting any Customer Account, by billing Customer, or by considering amounts due in any Account analysis performed by Bank with respect to Customer's Account(s). Customer acknowledges and agrees that any fees, charges, or assessments imposed in connection with the Services are in addition to any costs, fees, or expenses Customer may incur with respect to maintaining or using any Account with Bank, using or purchasing any services or products other than the Services, and/or establishing any capabilities necessary for the use of the Services (including, without limitation, telephone or irternet access service and/or any required software, hardware, or equipment). 12. Checks and Other MICR Documents. Customer shall purchase all checks and other magnetic ink character recognition C"'MICR') documents from vendors selected or approved by Bank. In the event that Customer selects its own vendor for ducks or other MICR documents, subject to Bank's approval, Customer must submit sample documents to Bank for testing before any applicable Service involving sudor documents is rendered. Checks and other MICR documents must meet the standards and specifications required by Bank from time to time in its discretion. If Customer encodes any information on checks, deposits, or other items in magnetic ink, Customer warrants that the information encoded is accurate and correct Customer agrees to defend, indemnify, and hold Bank harmless from and against any loss, claim, action, or expenses Sof29 P44 (including reasonable attorneys' fees) arising out of or relating to any and all Customer encoding errors. Without regard to whether Customer purchases MICR documents from a vendor selected by Customer or by Bank, whether the MICR items meet the Bank's specifications, or whether the Customer encodes its own items, the reject rate of the MICR documents shall not exceed the rate established from time to time by Bank in its discretion. If the reject rate of Customer's MICR documents exceeds Bank's established r ject rate. Customer agrees that Bank may, at its option, terminate any applicable or affected Service or assess additional fees for rendering the Service. 13. No Obligation to lend: Overdrafts. Customer acknowledges and agrees that nothing in this Master Agreement shall be deemed to constitute a credit tiicility of any kind or nature whatsoever in favor of Customer, or to create any right on the part of Customer to borrow funds from Bank, or to create any obligation on the part of Bank to lend fiords to Customer. Batik, in Bank's sole and absolute discretion, and without any obligation to Customer whatsoever, may execute any Service transaction notwithstanding that the collected balance in Customer's Account is insufficient to fiord the transaction. Without limiting any other rights, remedies, or recourse available to Bank, in the event that any Service transaction creates an overdraft in Customer's Account or causes Customer's collected balance to become negative, Customer shall promptly reimburse Bank in full, and shall pay to Bank any applicable fees and/or interest, upon Bank's demand. Notwithstanding any prior action or course of conduct on the part of Hank, Customer agrees that Bank's failure to execute any Service transaction that is presented against insufficient fiords or that would cause Customer's Account to be overdrawn if executed shall not be construed as a wrongful dishonor of the transaction or a breach on the part of Brink. The provisions of this section are not intended to affect, annul, modify, or amend the express terms and conditions of any applicable Article of Part 2 of this Master Agreement or any applicable Service Schedule or any separate written overdraft or credit agreement between Customer and Bank in respect of Customer's Account. 14. Reipresentations and Warranties. Customer represents and warrants to Bank as follows: (a) The acceptance and performance of this Master Agreement, and any Customer Profile or Service Schedule, are within Customer's organizational power and have been duty authorized by all necessary organizational action (b) The person who accepts this Master Agreement on behalf of Customer, and any person who accepts, completes, and/or executes any Customer Profile or any Service Schedule, has been duly authorized to do so, and this Master Agreement, together with any applicable Customer Profile or Service Schedule, constitutes the legal, valid, and binding obligation of Customer and is enforceable against Customer in accordance with its terms. (c) All information at any time provided by Customer to Bank in respect of Customer's business affairs and financial condition is accurate and complete and truthfully reflects the business and financial condition of Customer as ofthe pedod(s) covered by such information. (d) Any and all information and data at any time provided by Customer, or by Customer's Authorized Users, employees, agents, and/or representatives, to Bank in respect of Service transactions, activity, or inquiries initiated by or on behalf of Customer is accurate, complete, and without error, and Bank may relythereon without verification in the performance of Bank's duties and responsibilities under this Master Agreement and in the execution of such transaction, activity, and inquiries. 15. Confidential Information. Customer acknowledges and agrees that Bank, or its Third Party Service Providers, as the case may be, has a proprietary and protectable interest in the Confidential Information and that the Confidential Information, including, without limitation, any related patent, copyright, trademark, service mark, trade secret, intellectual property or other ownership rights, is and shall remain the exclusive property of Bank, or its Third Party Service Providers, as applicable, even with respect to Confidential Information created by Bank or its Third Party Service Providers specifically for or on behalf of Customer. All Confidential Information provided to Customer in connection with any Service is provided on a strictly confidential or limited use basis. All copies ofConfidential Information in Customer's possession shall remain the exclusive property of Bank or its Third Party Service Providers, as applicable, and shall be deemed to be on loan to Customer during the tern of Customer's enrollment in the Service for which the Confidential Information was provided Customer agrees (a) to keep all Confidential Information confidential and not to use or disclose any Confidential Information for any purpose other than the purpose for which such information was provided in connection with the Services; (b) to restrict access to Confidential Information to those persons who are actively and directly participating in the use of the Services and who need to know such information in order to use the Services on behalf of Customer, (c) to cause any and all persons or entities who have access to Confidential Information by or through Customer, including (without limitation) Customer's contractors and service providers, to observe and comply with the terms of Customer's confidentiality obligations; (d) not to copy or duplicate any Confidential Information except as expressly authorized in writing by Bank; (e) to treat any and all copies of, and notes, memoranda, analyses, compilations, abstracts, synopses, studies of other material produced from, the Confidential Information as Confidential Information; (f) remove, erase or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in any Confidential Information, or fail to preserve all copyright and other proprietary notices in any authorized copy of any Confidential Information made by Customer, (p) not to use Confidential Information in any way that is detrimental to Bank; and (h) upon the termination or cancellation of any Service for any reason, to promptly return to Bank all related Confidential Information. In the event Customer shall inadvertently receive from Bank any data or information pertaining to a customer of Bank other than Customer, Customer agrees to treat such data or information as Confidential Information, to promptly notify Bank of Customer's receipt thereof" and to promptly return such data or information to Bank in accordance with Bank's instructions. In the event of a breach by Customer of any of its obligations regarding the use and treatment of Confidential Information, Bank shall have, in addition to any other rights and remedies available at law or in equity, the right to obtain interim, interlocutory and permanent injunctive relief without the necessity of proving either actual damage or that any irreparable harm would or might result from a 6 of 29 P45 failure to obtain such injunctive relief it being acknowledged and agreed by Customer that any such breach will cause irreparable harm to Bank and that monetary damages, alone, will not provide an adequate remedy (provided, that nothing shall preclude Bank from seeking and collecting monetary damages). 16. Standard of Care. (a) Bank's responsibility to Customer under this MasterAgmement, and in performing its duties and obligations with respect to any Service, is limited to the exercise of ordinary care and good faith. If Bank substantially compl ies with the terms, conditions, and provisions set forth in this Matter Agreement and in the applicable Customer Profile(s) and Service Schedule(sj Bank shall be deemed to have exercised ordinary care and good faith. Customer agrees that clerical errors and mistakes do not constitute a failure to exercise ordinary tate or to act in good faith. Bank makes no, and hereby disclaims any, representation or warranty that any Service will meet Customer's requirements or expectations or that any Service will be uninterrupted, timely, secure, or error -free. Bank further disclaims any representation or warranty that any errors in technology will be corrected. To the fullest extent permitted by law, and except as otherwise expressly provided by the terms of this Master Agreement or any applicable Customer Profile or Service Schedule (and only to the extent so provided), Customer agrees that Customer assumes and bears all risk as to unauthorized transactions, activity, and inquiries effected through the Service(s), and Customer agrees that Bank shall have no liability to Customer whatsoever for any unauthorized transaction, activity, or inquiry effected through any Service. (b) Customer agrees that Customer's use of the Services is at Customer's sole risk, and that the Services are provided on an "AS IS" and "AS AVAILABLE" basis. Customer further agrees and acknowledges that Bank may from time to time temporarily suspend or interrupt the operation of any Service, withoutnotice or liability to Customer, for maintenance or for any other operational or business needs as determined by Bank Bank expressly disclaim all warranties of any kind relating to the Services and/or to the Service Equipment, and/or to any equipment or third party services obtained by Customer, whether express or implied, including (without limitation) the implied warranties of MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, and noninfringement, and any implied warranties arising from course of dealing or course ofperformance. Customer acknowledges and agrees that no advice, statement, or information, whether oral or written, obtained by Customer from Bank or its representatives, or through or from Customer's use of any Service shall create any warranty, representation, promise, or agreement on the part ofBank not expressly stated in this Master Agreement or in any applicable Customer Profile or Service Schedule. (c) Bank shall not be responsible for any nonperformance or delay in performance of any of Bank's obligations, responsibilities, and/or covenants hereunder, whether expressed or implied, nor shall Bank be liable to Customer for any losses, costs, expenses, liabilities, claims or damages whatsoever, if at any time, or from time to time, performance thereof shall be prevented or hindered by, or be in conflict with, or such losses, costs, expenses, liabilities, claims or damages result in whole or in part from, (r) any federal or state law, regulation or rule, or the order of any court of competent jurisdiction; (H) any processing network, funds transfer system, or clearinghouse operating rule orregulation; (ii) any Act of God, war, epidemic, strike, lockout, riot, weather conditions, equipment or computer failure or malfunction, material shortage, electrical power disruption or shortage, or communication, telephone or internet failure or malfunction; (iv) stoppages of the U.S. Postal Service and/or commercial carriers, or acts, omissions, or errors of any carrier and/or agent operating between Customer and Bank and/or any other party participating in transactions or activity contemplated by this Master Agreement; (v) any incorrect, unauthorized, or fraudulent use or other fraud by any person other than Bank's employees; or (vi) without limiting the generality of the foregoing, any other cause or circarnrstance beyond Bank's reasonable control or other conditions or circumstances not wholly controlled by Bank. (d) To the fullest extent permitted by law, and except as otherwise expressly provided by the terms of this Master Agreement or any applicable Customer Profile or Service Schedule (and only to the extent so provided), Customer agrees that in no event shall Bank be liable to Customer in connection with any matter contemplated by or within the scope of this Master Agreement, or in performing or failing to perform, or in erroneously performing, any transactions or activity contemplated by or within the scope of this Master Agreement, for any incidental, special, indirect, punitive, exemplary, or consequential damages of any kind, including (without limitation) lost profits or allomeys' fees, regardless of whether Bank was advised, had reason to know, or in fact knew of the possibility thereof; or for any other damages whatsoever, regardless of the form of action, whether in contract, warranty, tort (including, without limitation, negligence), strict liability, or otherwise. Bank's liability to Customer under this Matter Agreement shall be limited to correcting errors resulting from Bank's failure to exercise ordinary care or to act in good faith. 17. Service Availability Customer acknowledges and agrees that the performance and completion of Service transactions ate subject to Bank's business days and hours of operation, Bank's published policies and procedures, the hours of operation of departments within Bank performing Service transactions, applicable law, the provisions of this Master Agreement and any Customer Profile or Service Schedule, and the provisions of other Bank customer agreements governing specific transactions to be perforated pursuant to the Services, and Customer agrees that Bank shall not be liable for any delay in the processing or settlement of Service transactions resulting Brom the foregoing. Customer further acknowledges and agrees that Bank and/or its Third Party Service Provider, each in its sole and absolute discretion, reserve the right to refuse to process any Service transaction without liability to Customer. Customer acknowledges and agrees that Bank or its Third Party Service Provider may from time to time communicate directly with any party to Customer's Service transactions (including, without limitation, payees of payment transactions executed through a Service) in order to perform and deliver the Services aid to process and execute Service transactions. 18. Termination. 7 of 29 P46 (a) (1) Subject to the terms of Section 18(a)(ii) below, Customer may terminate Customer's enrollment in and use of any Service at any time upon written notice to Bank, as provided in this Master Agreement or in the applicable Service Schedule. Customer agrees that Bank shall have a reasonable opportunity to act upon any termination notice submitted by Customer. Upon Customer's termination of any Service. Bank reserves the right to complete or cancel, in Bank's sole and absolute discretion, any pending Service transactions, activity, or inquiries. (ii) In the event any Service constitutes an operational service that is provided in connection with any deposit account Customer maintains with Bank, and to the extent necessary to qualify the related deposit account as an operational deposit for purposes of liquidity coverage laws or regulations to which Bank is subject, Customer may not terminate Customer's enrollment in and use of such Service without first giving Bank written notice of termination (x) at least 30 calendar days in advance of the effective date of such termination or (y) according to the applicable notice interval provided in Service Schedule governing such Service (if any whichever of (x) or (y) shall result in greater advance notice to Bank. For purposes of this Section 18(a)(i), the terms "operational deposit" and "operational service" shall have the meanings respectively ascribed to them by 12 CFR Part 249, as amended or as replaced by any successor law, regulation, or mle binding on Bank. (b) Bank may terminate Customer's enrollment in and use of any Service at any time upon at least thirty (30) days' prior written notice to Customer; provided, that Bank may terminate or suspend Customer's use of any Service ('including, without limitation, any pending transactions, activity, or inquiries) immediately and without prior notice to Customer in the event that: () Customer shall breach or default in the due observance or performance of any obligation, covenant, condition or agreement on the part of Customer to be observed or performed pumant to the terns of this Master Agreement or with respect to any Service; (ii) Customer shall breach or default in the due observance or performanceof any obligation, covenant, condition or agreement on the part of Customerto be observed or performed pursuant to the terms ofany other agreement or contract by and between Customer and Bank; (iii) any representation or warranty made by Customer shall prove to be false or misleading in any material respect as ofthe time made, or any report, data, information, certificate, financial statement or other instrument famished by Customer in connection with this MasterAgreement or any Service shall prove to be false or misleading in any material respect as of the time famished; (IV) Customer or any person or entity which has guaranteed the payment and performance of Customer's obligations under this Master Agreement or with respect to any Service (together with Customer, the "Obligors') shall (A) apply for or consent to the appointment of a receiver, trustee, liquidator or other custodian for Obligor or any of Obligors properties or assets, (B) fail or admit in writing Obligor's inability to pay its debts generally as they becotne due, (C) make a general assignment for the benefit of creditors, (D) suffer or permit an orderfor reliefto be entered against Obligor in any proceeding under the federal Bankruptcy Code, or (E) file a voluntary petition in bankruptcy, or a petition or an answer seeking an arangement with creditors or to take advantage of any bankruptcy, reorganization, insolvency, readjustment of debt, dissolution or liquidation law or statute, or an answer admitting the material allegationsof a petition filed against Obligor in any proceeding under any such law or statute, or if partnership action shall be taken by any Obligor for the purpose of effecting any of the foregoing; (v) a petition shall be filed, without the application, approval or consent of Obligor in any court of competent jurisdiction, seeking bankruptcy, reorganization, rear uigement, dissolution or liquidation of 0bligor or of all or a substantial part of the properties or assets of Obligor, or seeking any other relief urder any law or statute against Obligor, or the appointment of a receiver, trustee, liquidator or other custodian of such Obligor or of all or a substantial part of the properties or assets of such Obligor, and such petition shall not have been stayed or dismissed within sixty (60) days after the filing thereof, (v) any Obligor shall dic, if an individual, be dissolved or liquidated, ifan entity, or cease to be solvent or suspend or discontinue business in the ordinary course; (vi) any writ of execution, attachment or garnishment shall be issued against a substantial portion of the assets of any Obligor and such writ of execution, attachment or gamishment shall not be dismissed, discharged or quashed within thirty (30) days of issuance; (viii) any final judgment for the payment of money in excess of$50,000 shall be rendered against any Obligor and the same shall remain undischarged for a period ofthirty (30) days during which execution shall not be effectively stayed; (ix) any guarantor of Customer's obligations shall default in the due observance or performance of any covenant, condition or agreement on such guarantor's part to be observed or performed under such guarantoes guaranty agreement or shall terminate or attempt to terminate such guarantor's guaranty agreement; or 9of29 P47 (x) in Bank's discretion and judgment (A) there has been an adverse change in Customer's financial condition or business or (B) Customer may not have sufficient available funds in its Account on any settlement date in connection with a Service which requires funds to be available, or (C) Bank deems itself or its assets insecure or at unreasonable exposure or risk with respect to any Service transaction, activity, or inquiry. (c) No termination of any Service for any reason shall relieve Customer of any liability for Customer's obligations which have accrued prior to the effective time of termination or for Customer's obligations and duties hereunder which by their nature or by express provision are intended to survive termination. Following any termination of a Service, Customer shall pay or perform any and all related outstanding obligations, and return to Bank any and all related Service Materials and Confidential Information, promptly upon Bank's demand. No termination or suspension of any Service by Bank, and no failure on the part of Bank to demand payment or performance of arty outstanding obligations, shall limit Bank's right to pursue any recourse and remedies available to Bank in the event of breach by Customer of any terms, provisions, or conditions of this Master Agreement. 19. Indemnification Except for those losses caused directly by Bank's gross negligence or intentional acts, Customer agrees to indemnify, defend, and hold Bank, its officers, directors, shareholders, agents, employees, and affiliates, and their respective officers, directors, agents and employees, harmless from and against any and all losses, costs, suits, damages, claims, liabilities, and expenses (including, without limitation, reasonable attorneys' fees) arising from or related in any way to (a) any Service transaction or activity performed in compliance with Customer's instructions or directions, (b) Bank's action or inaction in reliance upon any instructions or information received from any Authorized Useror any other person reasonably believed by Bank to be an authorized representative of Customer, (c) any Service transaction, inquiry, or activity initiated using Security Procedures, whether or not the person initiating such transaction, inquiry, or activity is an Authorized User or other authorized representative of Customer, (d) breach by Customer or any of Customer's agents, representatives, employees, service providers, or contractors of any ofCustomees covenants, agreements, responsibilities, representations or warranties under this Master Agreement, and/or (e) breach or violation by Customer or any of Customer's agents, representatives, employees, service providers, or contractors of applicable laws, rules or regulations. Without limiting or diminishing any other obligations of Customer to Bank described in this section, Customer also agrees to fully cooperate with and assist Bank in any efforts on the part of Bank to recover from any third party or parties any losses incurred by Bank as a result of the execution of any Service umaction or activity. 20. Notices and Communications. (a) Subject to the following provisions ofthis section, all notices, demands, requests, or other communications which may be or are required to be given, served, or sentpursuant to this Master Agreement or with respect to any Service shall be in writing and shall be delivered by personal or hand delivery, facsimile transmission, nationally recognized express overnight delivery service (with charges therefor prepaid), or certified or registered mail, return receipt requested (with postage therefor prepaid). Notices shall be deemed received upon receipt, if hand or personally delivered, the next business day after the notice has been transmitted by facsimile or deposited with a nationally recognized express overnight delivery service, or the third business day after the notice has been deposited with the United States Postal Service. Bank may transmit notices to such physical address, mailing address, or facsimile number which Bank reasonably believes to be correct contact information far Customer based upon any Customer records on file with Bank. Customer shall transmit notices to the Bank as follows: Regions Bank Commercial Client Services 250 Riverchase Parkway East Birmingham, Alabama35244 Fax (205) 560-5193 or (205) 560-5194 (b) Customer agrees that Bank may send notifications to Customer hereunder and/or with respect to any Service (including, without limitation, change of terms notices and any information, disclosures, and/or notices relating to the Services) in electronic form, either by posting such information, disclosures, and notices at Bank's website at Regions.com or by transmitting them, or notice of the availability thereof at Bank's website, to any e-mail address that Customer has provided in connection with Customer's use of the Services. Customer shall be deemed to have received electronic notices or disclosures three (3) days after Bank posts them at Bank's website or transmits them, or notice of the availably thereof at the applicable website, to Customer's e-mail address, as applicable, whether or not Customer his retrieved them by that time. Customer agrees to frequently and regularly retrieve Customer's e-mail and review posted messages and information at Bank's website to ensue that Customer is aware of current terns, conditions, and information relating to the Services. Bank reserves the right at any time, in Bank's discretion, to mail to Customer's address that appears in Bank's records, or otherwise transmit to Customer pursuant to any other method to which Customer has agreed in connection with its Account, paper copies of any information, disclosures and/or notices relating to the Services in lieu of" in addition to electronic versions thereof. (c) Except as otherwise expressly provided in any applicable Article of Part 2 of this Master Agreement or any applicable Customer Profile or Service Schedule, Customer agrees that Bank may transmit confidential information, including (without limitation) Security Devices, to the current mailing address shown in Bank's records for any of Customer's Accounts, or to the a -mail address Customer has provided in connection with Customer's use of the applicable Service, whether or not that address includes a designation for delivery to the attention of any particular individual. Customer further agrees that Bank shall not be responsible or liable to Customer in any way in the event that such properly addressed information is intercepted by an unauthorized person, either in transit or at Customer's place of business. 9of29 P48 (d) Customer agrees to keep its mailing address(es) and any applicable e-mail address(es) current and updated with Bank at all times. In the event of notices sent to Customer via e-mail, Customer agrees that Bank is under no obligation to re-send, re-transmit, or otherwise deliver to Customer any Service notifications or information that Bank has transmitted to Customer's e-mail address and that has been returned "undeliverable" or otherwise rejected for delivery. (e) In the event that Customer believes that any Security Procedures or Security Device has been stolen, compromised, or otherwise become known to persons other than Authorized Users, or if Customer has revoked or limited the authority of any Authorized User, or if Customer believes that any Service transaction or activity is unauthorized or in error, Customer shall notify Bank immediately by calling 1- 900-797-3905. (f) With respect to Service communications exchanged between Bank and Customer via e-mail or other electronic messaging, Customer (i) agrees that Bank has no obligation to monitor or investigate the use of Customer's computer system or the source of any communication received from Customer beating Customer's e-mail address or other information that identifies the sender as Customer, (i) releases Bank from any claim or liability arising from or in connection with any communications sent or received using e-mail or other electronic messaging, and (ii) agrees to indemnify and hold harmless Bank from all claims, losses, expenses or liability arising in any way out of or connected in any way with the use of e-mail or other electronic messaging for the communication of Service information between Bank and Customer. Customer acknowledges and agrees that no provision ofthis Master Agreement relating generally to communications between Bank and Customer viae-mail or other electronic messaging shall displace or modify any specific requirement set forth in this Master Agreement, in any Customer Profile or Service Schedule, or in any other agreement or term between Customer and Bank that Customer communicate in writing (and not electronically) or in any particular mode or fashion to Bank, and Customer agrees to observe and comply in any event with any such requirement in all applicable instances. (g) The general provisions of this section aro subject and subordinate to any specific provisions for the giving of notice under particular circumstances or conditions as set forth elsewhere in this Master Agreement or in any applicable Customer Profile or Service Schedule. 21. Entire Aereement; Services Provided by Third Parties. (a) Bank and Customer agree that the terms, conditions, and provisions of all applicable Customer Profiles, Service Schedules, and User Guides, all as maybe amended from time to time, are incorporated into this Master Ageement and made a part hereof by reference. This Master Agreement, together with applicable Customer Profiles, Service Schedules, and User Guides, as amended, constitutes the current, sole and entire agreement between Customer and Bank with respect to the Services. This Master Agreement supplements, but does not replace, other agreements, terms and conditions governing Customer's Accounts and/or any other services used by Customer in relation to Customer's Accounts (including, without limitation, the deposit agreement governing Customer's Accounts). Such other agreements, terns and conditions remain in fill force and effect, and Bank may apply the provisions thereof to Customer's use of the Services, as the context may require; provided, however, that in the event of a conflict between the terms of this MasterAgreement and those ofany other agreement, the express terms of this MasterAgrecment, or the terms of any Customer Profile, Service Schedule or UserGuide, as applicable, shall control with respect to the Services. (b) Customer acknowledges and agrees that Bank, in its sole and absolute discretion, may arrange for Third Patty Service Providers to provide certain Services, or elements, functions, or features thereof or products relating thereto, to Customer and that Customer may be required to enter into contracts directly with Third Party Service Providers in order to obtain such Services ("Third Party Service Agreements'). Customer acknowledges that Bank is not a party to any Third Party Service Agreement, except to the extent that Bank otherwise expressly agrees in writing, and Customer agrees that Bank assumes no responsibility for, and shall have no liability to Customer for, the perfornumm nonperformance, or negligent performance of any obligations under any Third Party Service Agreement. Customer agrees to look solely to the Third Party Service Provider, and not to Bank, for the performance of any applicable Third Party Service Agreement, for the enforcement of any rights or remedies thereunder, and for the delivery of the Service contemplated thereby. No breach or default by any Third Party Service Provider under any Third Party Service Agreement shall in any way relieve Customer of Customer's obligations to Bank under this Master Agreement or allow Customer to withhold the performance themE Customer further agrees to indemnify, defend, and hold harmless Bank from and against any and all liability, losses, or claims arising out of or in any way related to any breach or default on the part of Customer with respect to any Third Party Service Agreement In the event of aconflict between the terms of this Master Agreement and those of any Third Party Service Agreement, the terms of the Third Party Service Agreement shall control with regard to the relationship between Customer and the Third Party Service Provider and the Third Party Service Provider's provision of the Service contemplated thereby. The provisions of this subsection are not intended to limit or affect any other terms, provisions, or conditions of this Master Agreement relating to Customer's dealings or relationships with third parties in the course of using the Services contemplated by this Master Agreement 22. Amcndm (a) Bank shall have the right to modify,amend,change, or supplement the terms ofthisMaster Agreement any Customer Profile, and/or any Service Schedule (including any separate sections thereof), and/or the fees, charges, and other terms and conditions applicable to the Services, at any time and from time to time in Bank's discretion upon written or electronic notice to Customer, including (without limitation) by posting notice in Bank's manned offices where deposits are received, by including notice with or on Customer's account statement, or by posting notice on Bank's official web site at httpJhvww.regions.com or any subsequent official Bank web site. Customer agrees that a summary of any 10 of 29 P49 change in terms is sufficient notice. Any changes made by Bank shall be effective as of the time Bank determines, as provided in Bank's notice, Customer agrees that Bank may from time to time in its discretion add to, modify, and/or delete administrative and operational features and elements applicable to the use of the Services (including, without limitation, User Guides) and/or make any changes that are in Customer's favor without notice to Customer. If Customer does not agree to any change or amendment, Customer must discontinue its use of the Services. By using any Service after any such change or amendmaat, Customer agrees to that change or amendment (b) Customer may in no way alter, modify, amend, or supplement this Master Agreement, or any Customer Profile, Service Schedule, or other document or agreement constituting a part of this Master Agreement, without Bank's express written agreement and consent in each instance. Customer acknowledges and agrees that no practice or course of dealing between Customer and Bank, nor any oral representations or communications by Customer and/or any of Bank's agents, employees or representatives, which vary the terms and conditions of this Master Agreement, or any applicable Customer Profile or Service Schedule, shall constitute a modification or amendment of the terms and conditions thereot Notwithstanding the foregoing, Customer may from time to time request Bank to change, add, or delete certain specifications, terms, set- up instructions, or features of Services used by Customer by telephoning Bank, by electronic communication, or by other means of communication. Bank may make such changes, additions, or deletions in Bank's sole and absolute discretion without further action on the part of Customer and without execution of any additional documentation by and/or between Customer and Bank, and Customer agrees that Customer shall be bound by any such changes, additions, or deletions made by Bank in reliance upon the instructions given by any Authorized User or any other person reasonably believed by Bank to be an authorized represertative of Customer. 23. Remedies: Waiver The rights, remedies, and recourse afforded to Bank with respect to the enforcement of this Master Agreement, whether arising in law or in equity, are qumulative and concurrent and may be exercised by Bank in such order and in such matmer as Bank may determine in Bank's sole and absolute discretion. No delay or omission by Bank in exercising any right or remedy under this Master Agreement or applicable law shall impair such right or remedy or be construed as a waiver of any such right or remedy. Any single or partial exercise of a right or remedy shall not preclude further exercise of that right or remedy or the exercise of any other right or remedy. No waiver shall be valid unless in writing and signed by Back. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions. Where this Master Agreement or applicable law permits Bank to take action, or not to take action, in Bank's discretion on any matter, any action or inaction on Bank's part with respect to such matter shall not obligate Bank to repeat such action or inaction with respect to similar matters that may subsequently arise. Except as otherwise required by the express teams and provisions of this Master Agreement, or any applicable Customer Profile or Service Schedule, no notice to or demand on Customer in any case shall entitle Customer to any other or further notice or demand in similar or other circumstances. 24. Assignment_ Successors and Assigat. Customer may not assign or transfer this Master Agreement, or any of Customees rights hereunder, in whole or in part, whether voluntarily, involuntarily or by operation of law or otherwise, including (without limitation) by merger, consolidation, dissolution, sale of a controlling interest or otherwise, without Bank's prior written acknowledgement and consent, which may be granted or withheld in Bank's absolute discretion. Any such assignment without Bank's prior written acknowledgement and consent shall be void and of no force or effect; provided that Bank shall have the right, at its option and discretion, to enforce any of Customer's liabilities, duties, and obligations hereunder against any purported assignee of Customer. Bank may assign this Master Agreement and/or any or all of Bank's rights hereunder, or delegate any or all of Bank's responsibilities or duties hereunder, to any third party or parties in Bank's discretion and without notice to Customer. Subject to the foregoing, this Master Agreement shall be binding on the parties hereto and their respective successors and assigns. 25. ARBITRATION AND WAIVER OF JURY TRIAL. Except as otherwise expressly provided in this section, and subject to the dispute resolution requirements of any applicable fiords transfer system or network or clearinghouse, Customer and Bank agree that either party may elect to resolve by binding arbitration any controversy, claim, counterclaim, dispute, or disagreement between Customer and Bank (a "Claim') that arises from or relates to (a)the interpretation, execution, performance, administration, amendment, or modification of this Master Agreement; (b) any Account or any Service transaction, activity, or inquiry; (e) any charge or cost incurred pursuant to this Master Agreement; (d) the collection of any amounts due with respect to this Master Agreement or any Account; (e) any alleged contract or tort arising out of or relating in any way to this Master Agreement, any Account, any Service transaction, activity or inquiry, any advertisement or solicitation, or Customer's business, interaction or relationship with Bank; (t) any breach of any term, provision, representation, or warranty set forth of this Master Agreement; (g) any statements or representations made with respect to this Master Agreement, any Account, any Service transaction, activity or inquiry, any advertisement or solicitation, or Customer's business, interaction or relationship with Bard; or (h) any of the foregoing arising out of or in connection with, or relating to, any agreement, instrument, or document which relates to this Master Agreement, any Account, any Service transaction, activity or inquiry, or Customer's business, interaction or relationship with Bank (including, without limitation, any Customer Profile, Service Schedule, or User Guide). If either party elects to arbitrate, the Claim shall be settled by binding arbitration under the Federal Arbitration Act ('FAA'). This agreement to arbitrate shall include any Claim involving Bank's officers, directors, employees, agents, representatives, contractors, subcontractors, parent, subsidiaries, affiliates, successors, assigns, any third party that assigned any agreements to Bank, and any of the respective employees, oBicas, agents or directors of such affiliates or third parties, and any such Claim against any of those parties may be joined or consolidated with any related Claim against Bank in a single arbitration proceeding. in addition, if Bank becomes a party in any lawsuit involving Customer and any third party(ies), whether through intervention by Bank or by motion made by Customer or any third party(ies), Bank may elect to have all claims in that lawsuit between Customer and such third party(ies) resolved by binding arbitration under this agreement. The arbitration shall be administered by the American Arbitration Association (the "AAA') under its Commercial Arbitration Rules (the "Arbitration Rules') in effect at the time the demand for arbitration is filed. In the event of a conflict between the Arbitration Rules and this Master Agreement, this Master Agreement shall control. Each party shall be responsible for its own costs, fees, and expenses incurred in connection 11 of 29 P50 with an arbitration proceeding; provided, that any prevailing party may seek the recovery of, and the arbitrator(s) may award or apportion, costs, fees, and/or expenses, as provided under the terms of this Master Agreement or the Arbitration Rules, or as required by applicable law. The arbitration of any Claim of $100,000 or greater shall be conducted by a panel of three arbitrators. The arbitration of any Claim of a lesser amount shall be conducted by one arbitrator. The arbitrator(s) shall be selected from the AAA's panel of arbitrators by mutual agreement between Customer and Bank if the parties cannot agree on the arbitrator(s), the AAA shall appoint the arbibator(s). Except as expressly provided in this agreement to arbitrate, no Claim may be joined with another dispute or lawsuit, or consolidated with the arbitration of another Claim, or resolved on behalf of a class of similarly situated persons, or brought as private attorney general or on another similar representative basis. All statutes of limitation, defenses, and attorney-client and other privileges that would apply in a court proceeding shall apply in the arbitration. Any in-person arbitration hearing shall be held in the federal judicial district embracing Birmingham, Alabama Any dispute regarding whether a particular controversy is subject to arbitration, including any claim of unconscionability and any dispute over the scope or validity ofthis agreement to arbitrate disputes or of this entire Master Agreement, shall be decided by the arbitrator(s). The arbitrator(s) shall establish such reasonable procedures as may be necessary for the reasonable exchange of information between the parties prior to such arbitration. In rendering an award, the arbitrator(s) shall apply applicable contract terns, statutes and legal precedent and shall follow the Federal Rules ofEvidence, enforce applicable privileges, and employ applicable burdens ofproof The arbitrator(s) shall award only such relief as a court of competentjurisdiction could properly award under applicable law. The findings, reasoning, decision, and award of the arbitrators) shall be set forth in writing and shall be based upon and be consistent with the law of the jurisdiction that applies to this Master Agreement. Judgment on the arbitration award may be entered in any court having jurisdiction. In the event that the arbitration results in an award which imposes an injunction on you or on us, or contains a monetary award in excess of two hundred fifty thousand dollars (5250,000.00), the award shall be reviewable on appeal initiated within 30 days of the award by a panel of three new arbitrators selected to hearthe appeal underthe procedure forappointment from thenational roster as provided by Commercial Arbitration Rule 11. Such review shall apply the substantive and procedural standards normally applying to an appeal of a judgment from a trial court of competentjurisdiction. However, if the award does not impose an injunction on you or on us or contain a money award in excess of two hundred fifty thousand dollars ($250,000.00), then the award shall not be appealable and shall only be subject to such challenges as would otherwise be permissible under the FAA. This agreement to arbitrate does not limit the right of Customer or Bank, whether before, during or after the pendency of any arbitration proceeding, to exercise self-help remedies such as set-off; repossession, trustee's sales and the like. This agreement to arbitrate does not limit the right of Customer or Bank, whether before or during the pendency of any arbitration proceeding to bring an action (individually, and not on behalf of a class) to obtain provisional or ancillary remedies or injunctive relief (other than a stay of arbitration) to protea the rights or property of the party seeking such relief. However, the arbitrator(s) shall have the power to vacate and/or stay any such proceedings or orders granting provisional orancillaryremcdicsor igjunetive relief; upon application by Customer orBank. The taking by either CustomerorBank of any ofself-help remedies or by filing any action in court, including, but not limited to, the actions described in the preceding sentence, shall not be deemed to be a waiver of the right to elect binding arbitration of any Claim upon the filing of a counterclaim or the like by either Customer or Baric in response to any such action. Customer and Bank specifically acknowledge and agree that this Master Agreement evidences a "transaction involving commerce" under the FAA, and hereby waive and relinquish any right to claim otherwise. If any term or provision of this agreement to arbitrate disputes and waiver of jury trial is held to be invalid or unenforceable, the remaining provisions shall be enforced without regard to the invalid or unenforceable term or provision; provided, that if Customer or Bank seeks to bring a joined, consolidated, or class action for arbitration, and if the foregoing prohibition against the arbitration of joined, consolidated or class actions is held by an authority of competent jurisdiction to be invalid or unenforceable, the arbitration agreement between Customer and Bank shall be deemed inapplicable to such joined, consolidated or loss action, to the effect that any permitted and lawful joined, consolidated or class action shall be adjudicated in accordance with the provisions of applicable law and shall not be resolved through arbitration (provided further, that the jury trial waivershall, in any event, remain in full force and effect to the fullest extent permitted by law). This agreement to arbitrate disputes and waiver of jury trial shall survive the termination of this Master Agreement or any Service for any reason. WHETHER ANY CONTROVERSY IS ARBITRATED OR SETTLED BY A COURT, CUSTOMER AND BANK VOLUNTARILY, KNOWINGLY, AND INTENTIONALLY WAIVE ANY RIGHT TO A JURY TRIAL WITH RESPECT TO SUCH CONTROVERSY TO THE FULLEST EXTENT ALLOWED BY LAW. EACH PARTY ACKNOWLEDGES THAT IT HAS RECEIVED THE ADVICE OF COMPETENT COUNSEL WITH REGARD TO THE WAIVER OF THE RIGHT TO JURY TRIAL. 26. Governing Law, Venue. This Master Agreement, and the rights, remedies, obligations, and liabilities arising hereunder, shall be governed by and construed in accordance with the laws of the State of Alabama, without regard to its conflict of laws principles, and, where applicable, the laws of the United States. Any action at law, suit in equity, or other proceeding (including, without limitation, arbitration proceedings) for the enforcement of this Master Agreement or any provision hereof, or for the adjudication of any dispute of controversy relating to or arising out of any relationship or transaction between the parties, shall take place, at the option of Bank (whether or not such proceeding is initiated by B ank), in the State of Alabama, in Jefferson County, in the City of Birmingham. Customer hereby consents to the personal jurisdiction of the state and federal courts in Jefferson County, Alabama, in any dispute or contest arising from or relating to this Master Agreement or any relationship or transaction between Customer and Bank, and Customer waives any right to dismiss or transfer any action or adversarial proceeding or hearing commenced in or transferred to Birmingham, Jefferson County, Alabama, because of the inconvenience of the forum or venue. In the event of any judicial or other adversarial proceeding between the parties relating to or concerning this Agreement, Bank shall be entitled to recover its reasonable attorneys' fees and other costs in addition to any other relief to which it may be entitled in the event that it is the prevailing party. 12 of 29 P51 27. Survival. Customer's obligations and liabilities under or relating to this Master Agreement shall survive the termination of this Master Agreement and/or the termination of any applicable Service for any reason. 29. Severubil' . If a court of competent jurisdiction, or arbitrator as applicable, finds any provision ofthis MasterAgreement to be invalid or unenforceable as to any person or circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances. Iffeasible, any such offending provision shall be deemed to be modified to be within the limits of enforceability or validity, however, if the offending provision cannot be so modified, it shall be stricken and all other provisions of this Master Agreement in all other respects shall remain valid and enforceable, subject to the express terms and provisions of this Master Agreement. 29. No Third Party Beneficiaries. Except as otherwise expressly provided by the terns of this Master Agreement, this Master Agreement shall not be construed to confer any rights or remedies upon any person not a party to this Agreement, whether as a third party beneficiary or otherwise, against Customer or Bank, their respective successors, assigns, and/or affiliates. 30. Construction. This Master Agreement is an agreement between parties who are experienced in sophisticated and complex matters similar to the transactions and activity contemplated by this Master Agreement, is entered into by both parties in reliance upon the economic and legal bargains contemplated hereby, and shall be interpreted and construed in a fair and impartial manner without regard to such factors as the party which prepared the instrument or drafted any provision thereof, the relative bargaining powers of the parties, or the domicile of any patty. The captions and headings used in this Master Agreement are for convenience of reference only and shall not be used to limit the applicability or meaning of any provisions of this Master Agreement. All personal pronouns used in this Master Agreement, whether used in the masculine, feminine or neuter gender, shall include all other genders where the context so requires. The use of the singular form shall include the plural, and the use of the plural shall include the singular, where the context so requires. PART 2: ADDITIONAL TERMS AND CONDITIONS FOR CERTAIN SERVICES Article L Regions Quick Deposit` Service 1. l7e swoon—o Service. The Regions Quick Deposit"' Service allows Customer to make deposits to Customer's deposit account(s) at Bank by scanning checks on a Bank -approved desktop scanner or other approved capture device and transmitting the deposit data to. Bank via the Intemet. To ensure accuracy. Customer agrees to balance each deposit total to the sum ofthe captured checks priorto transmitting the data. Customer agrees to follow all User Guides provided by Bank in the initial setup and ongoing use of the Service. 2. Administrator. Customer shall designate one or more administrators who shall act as Customer's primary point(s) of contact with Bank with respect to the Service. Customer's administrator(s) shall be responsible for establishing, managing, and controlling Customer's Authorized Users of the Service. Fgluipment (a) Scanner, image capture, and other hardware and software used by Customer in connection with the Service must meet technical standards and specifications required from time to time by Bank Except as otherwise expressly provided in this Article, the General Terms, the Service Schedule, or in a separate written agreement between Customer and Bank, Customer shall be solely responsible for procuring and maintaining in good working order (including installation of upgrades and patches), at Customer's sole cost and expense, any and all scorner, image capture, and other hardware and software that is to be used by Customer in correction with the Service. (b) In the event that Customer purchases any scanners, image capture equipment, hardware or software, and/or other Service equipment (collectively "Scanner Equipment") from, through, or at the suggestion of Bank or its vendors or contractors, Customer acknowledges and agrees that Bank is neither the manufacturer of such Scanner Equipment nor a merchant (as such term is defined in Article 2 of the Uniform Commercial Code) with respect to the sale of such Scanner Equipment and that the sale of any Scanner Equipment to Customer is incidental to the provision of the Service by Bank to Customer. All Scanner Equipment is sold and transferred to Customer "AS IS" and without any representation orwatrantywhatsoeve ,express or implied, onthepartofBank, including(withoutlimitadon)anywarrantyofMERCHNATABQ.1TYorFiTNESS FOR A PARTICULAR PURPOSE. To the extent assignable, Bank hereby transfers and assigns to Customer, without any representation or warranty, express or implied, on the part of Bank, including (without limitation) any representation that any manufacturer's warranty exists or is enforceable, all of Bank's right, title, and interest in and to any ma tufacturer's warranty with respect to Scanner Equipment purchased by Customer from Bank Bank shall arrange for the delivery of Scanner Equipment purchased from Bank to Customer's place of business as soon as practicable. All risk of Scarmer Equipment loss, theft, damage, or destruction shall pass to Customer upon the tender of delivery of the Scanner Equipment at Customer's place of business. Customer agrees to pay Bank any and all charges due to Bank for purchased Scanner Equipment, and Customer authorizes Bank to debit Customer's deposit aowunt(s) with Bank in the amount of any such charges due to Bank In the event that any uncollected sales or use taxes shall be due in connection with the sale ofany Scanner Equipment to Customer by Bank. Customer agrees to be responsible for such taxes and to remit the amount thereof to Bank or the appropriate taxing authority within three (3) business days after Bank's demand. If Customer shall fail to timely remit the amount of such taxes, Bank may debit Customer's deposit account(s) with Bank in the amount thereof 13 of 29 P52 4. Scanner Replacement Program. In the event of scanner malfunction or other scanner operational problems, Customer may contact Bank's Treasury Management Services department during normal business hours for assistance and technical support. Bank, in Bank's sole and absolute discretion and without any obligation to Customer, may from time to time maintain a program for the repair or replacement of defective or inoperable scanners and image capture devices used in connection with the Service ("Scanner Replacement Program'). Customer agrees to pay any fees and charges imposed for participation in any Scanner Replacement Program and to comply with Bank's terms and conditions for any Scanner Replacement Program. In the event Bank agrees to provide customer with a scanner ("Replacement Scanner") to replace an inoperable scanner (the "Failed Scanner") pursuant to a Scanner Replacement Program, Bank shall in any event be afforded reasonable time and opportunity to procure a Replacement Scanner and cause the delivery thereof to Customer. Customer agrees to return the Failed Scanner to Bands or Bank's contractor, as Bank instructs, within twenty-one (21) days after Customer's receipt of the Replacement Scanner. In the event that Customer shall fail to timely return the Failed Scanner as instructed by Bank, Customer shall be liable for the full cost of the Replacement Scarmer. No Starner Replacement Program shall cover scanner malfunction or inoperability due to Customer negligence, misuse or abuse, or due to theft, fire, casualty, natural disaster, or Acts of God, and Customer shall be liable for the full cost of any Replacement Scanner that replaces a Failed Scanner that has malfunctioned or been rendered inoperable as a result of such causes. If, within any thirty (30) day period, Customer shall report and return three (3) or more Failed Scanners under any Scanner Replacement Program, which Failed Scanners are determined by Bank or Bank's contractor after inspection to in fact be in good working order and not malfunctioning or inoperable as reported by Customer, Customer shall be liable to Bank or Bank's contractor for service fees. Customer acknowledges and agrees that any Scanner Replacement Program is within the sole discretion of Bank; and Bank may implement, cancel or amend the terns and conditions of any Scanner Replacement Program at any time and without notice to Customer. Customer may request information about any current Scanner Replacement Program from Bank's Treasury Management Services department. 5. Items Deoosited. Customer agrees that Customer will use the Service only for the deposit of checks, as that term is defined in Federal Reserve Board Regulation CC ("Reg CC"). Customer agrees that the image of any check that is transmitted to Bank shall be deemed an "item" within the meaning of Article 4 of the Uniform Commercial Code (1990 Official Text). Customer further agrees that Customer will not use the Service to deposit any check or other item that: (a) is payable to any person or entity other than Customer, (b) is drawn, or otherwise issued, by Customer or any affiliate of Customer on any account ofCustomer or of such affiliatc, (e) is prohibited by Bank's then current procedures pertaining to the Service or is in violation of any law, rule or regulation, (d) Customer knows or suspocts, or should know or suspect, is fraudulent or otherwise not authorized by the owner of the account on which the check is drawn, (e) has not been previously endorsed by a bank and is either a "substitute check" (as defined in Reg CC or other applicable fcdcral law or regulation) or an "image replacement document" that purports to be a substitute check, without Bank's prior written consent, (f) is drawn on a financial institution that is located outside of the United States or Territories of the United States, (g) is a "remotely created check" as that term is defined in Reg CC, or (h) is not acceptable to Bank for deposit into a deposit account as provided in Bank's deposit agreement, which is incorporated herein by reference and made a part hereof (any such check or item being hereinafter referred to as a "Prohibited Check"). If Customer uses the Service to deposit a Prohibited Check, Customer agrees to indemnify and reimburse Bank for, and hold Bank harmless from and against, any and all losses, costs and expenses (including reasonable attorneys' fees) Bank may incur associated with any warranty, indemnity or other claim related thereto. Furthermore, iii after first having obtained Bank's written consent to do so, Customer provides Bank with an electronic representation of asubstitute check for deposit into an Account instead of an original check, Customer agrees to indemnify and reimburse Bank for, and hold Bank harmless from and against, any and all losses, costs and expenses (including reasonable attorneys' fees) Bank incurs because any such substitute check resulting from such electronic representation does not meet applicable substitute check standards and/or causes duplicate payments. 6. No ACH Conversion of Customer and Bank acknowledge and agree that nems processed in connection with the Service shall be deposited and collected as though they were original checks, either in the form of image replacement documents or electronic image exchange entries, as defined by the Check Clearing for the 21" Century Act. Should Customer implement a procedure for converting items to ACH transactions and originating such transactions through Bank, Customer must select the ACH Services box on the Customer Profile thereby agreeing to the terms and conditions of the ACH Services Article of Part 2 of this Master Agreement, and complete the applicable Service Schedule and other documentation governing Bank's provision of ACH services, even if Customer uses the Service in any way in connection with ACH eversion. 7. Scanning of Items and Transmission of Files. After successful implementation and installation of any software or hardware related to the use of the Service, Customer shall endorse each check to be deposited, scan and capture the front and back of each check to be deposited, and transmit the image file to Bank in accordance with Bank's required procedures. To ensure accuracy, Customer shall balance the deposit dollar amount to the sum of the checks prior to transmitting the file. The file must be received by Bank no later than the cut-off time specified by Bank ("Cut -Off Time"). A file which is received after the Cut -Off Time shall be deemed to have been received on the business day following the business day on which the file is actually received by Bank. Customer may send multiple fres to Bank throughout the day. Bank reserves the right to change the Cut -Off Time at any time in Bank's discretion. 8. _Maintenance and Destruction of Original Item. Customer shall securely store all original checks deposited through the Service for a period ofnot less than thirty (30) days and not more than ninety (90) days ("Retention Period") after Customer has received notice from Bank that the file has been accepted During the Retention Period, Customer shall take appropriate security measures to ensure that only authorized personnel shall have access to the original checks, that the information contained on the checks shall not be disclosed, and that the original checks will not be duupticateQ will not be scammed more than one time, and will not be deposited or negotiated in any form. In addition, during the Retention Period Customerwill fumish to Bank upon request a copy of or the original of any check transmitted through the Service to Bank for processing. Customer 14 of 29 P53 promptly shall destroy original checks upon the expiration of the Retention Period. Upon Bank's request at any time, and from time to time, Customer shall confirm in writing (i) the duration of the Retention Period that has been established by Customer and (ii) that all original checks with respect to which the Retention Period has expired have been destroyed by Customer. 9. Image Quality. Each image of a check scanned by Customer and transmitted to Bank (an "Image") through the Service shall be ofsuch quality that the following shall be clearly be readable by sight review. the front of the check, the back of the check, the amount of the check the payee, the drawer's signature, the date, the check number, the information identifying the drawer and the paying bank that is preprinted on the check, including the MICR line, and other information placed on the check prior to the time an image ofthe check is captured, such as any required identification written on the front of the check and any endorsements applied to the back of the check. Images shall also meet any standards for image quality established by American National Standards Institute (ANSI), the Board of Governors of the Federal Reserve, or any other regulatory agency, clearing house or association. 10. Receipt of File Customer agrees that Customer shall remain liable for and that Bank shall not be accountable to Customer for any files and/or Images that are not received by Bank, or for any files and/or Images that are intercepted or altered by an unauthorized third party. Customer agrees that Bank has no obligation to accept any file and therefore may reject any file or Images submitted by Customer. Bank has no obligation to notify Customer ofthe rejection of any file or Image. Bank shall have no liability to Customer for rejection of any file or Image or for failure to notify Customer of a rejection. Upon receipt of a file submitted by Customer, Bank shall examine the file and the Images for accuracy and completeness and to verify that Customer has followed Bank's required procedures. If Customer has not followed Bank's procedures or if errors exist in the data or the images contained in the tile, Bank, in its sole discretion, may either reject the file or correct the errors and accept and process the file. As a means of correction, Bank may credit Customer's account for the full amount of the deposit and make any necessary adjustments to correct errors. Bank also may, at its option, perform a risk management analysis of any file submitted by Customer to detect potentially fraudulent items, and, in Bank's sole discretion, may reject the file. If atter examination of a file and Images Bank determines that Customer has processed and transmitted the file in accordance with Bank's required procedures, the file is balanced and contains no errors, and the Images meet the requirements of the Service, then Bank shall accept the file for deposit to Customer's account. Upon acceptance of a file, Bank shall electronically notify Customer of receipt and acceptance of the file. 11. Funds Availability. Upon acceptance of a file for deposit, Bank shall provisionally credit Customer's account Notwithstanding the acceptance by Bank of Customer's file for deposit, Customer shall remain liable to Bank for any errors, inaccuracies, breach of warranties and any other loss sustained by or claim made against Bank on the part of any party. Customer agrees that check images transmitted using the Service sad the funds represented by the checks are not subject to the funds availability requirements ofReg CC. Subject to the requirements of applicable law or regulation, and subject to the terms of the deposit agreement governing Customer's account, funds from any check transmitted through the Service will be available after final payment with respect to the check is made by the drawee of the check, and any credit of funds to Customer's account before that time is provisional; provided, however, that Bank reserves the right, in any event, to withhold or delay the availability of any funds for such time periods as Bank may determine in order to mitigate risk of error, fraud, or other loss to Bank. If Bank determines to withhold or delay the availability of funds, Bank may provide Customer notification of such determination, but Bank is not obligated to do so. Customer agrees that Bank may provide such notification by any means or method to which Customer has agreed in connection with Customer's account or the Service, including (without limitation) by electronic communication. Bank also reserves a right of chargeback to Customer's account in the event of any dishonor or nonpayment by the drawee institution, and Bank reserves the right to charge all applicable fees in the event of such dishonor or nonpayment and/or any resulting chargeback (including, but not limited to, returned deposit item fees and overdraft fees). In Baak's discretion, Bank may charge back any returned item to Customer's account in the form of an electronic or paper reproduction of the original item or a substitute check, or by any other lawful means. 12. Collection of Items. Bank, in Bank's sole discretion, shall determine the manner in which Images shall be presented for payment to the drawee bank. Lilcewise, Bank, in Bank's sole discretion, shall select the clearing agents used to collect and present the Images, and Bank's selection of the clearing agents shall be binding on Customer as though Customer had directly appointed such agents. Bank shall not be liable for the negligence or other misconduct of any clearing agent. Customer agrees to be bound by any agreements entered into by and between Bank and any clearing agents, and Customer agrees to be bound by all applicable clearing house rules and regulations. Collection of checks deposited through the Service is also subject to the terms of the deposit agreement governing Customer's account 13. Return Items. If any item deposited by Customer through the Service is dishonored and returned unpaid by the drawee bank, Customer understands and agrees that Bank may charge back the amount ofthe item to Customer's account in the form of an electronic or paper reproduction of the original item or a substitute check, or by any other lawful means. Unless otherwise instructed by Bank, Customer agrees not to deposit the original check that corresponds to any rejected or unpaid item that has previously been deposited through the Service. 14. Contingency Plan. Customer agrees that in the event that Customer is not able to capture, balance, process, or otherwise transmit a file to Bank for any reason, including but not limited to communications, equipment or software outages, interruptions or failures, Customer win transport the physical checks and deposits to the closest office of Bank and deposit the original checks with Bank until such time that the outage or other interruption can be identified and resolved. The deposit of original checks at an office of Bank without any use ofthe Service shall be subject to the terms and conditions of the deposit agreement governing Customer's account, and not by the terms and conditions of this Article, the General Terms, or the Service. 15 of 29 P54 15. Warranties, With respect to each check or item deposited by Customer through the Service or collected or presented for payment as a result of Customer's use of the Service (any such check or item, or any electronic derivative thereof:, being hereinafter referred to as an item"), Customer represents and warrants to Bank and agrees as follows: (a) The ]tem is authorized by this Article and the deposit agreement governing Customer's account (b) 'Customer is aperson entitled to enforce the Item. (c) All signatures on the Item are authentic and authorized (d) The Item is not a counterfeit item. (e) The Item has not been altered (f) The Item is not subject to a defense or claim in recoupment of any party that can be asserted against Customer. (g) Customer has no knowledge of any insolvency proceeding commenced with respect to Customer, or in case of an unaccepted Item, the drawer, and any returned Item is enforceable against the Customer and the drawer of the Item. (h) Customer is not a consumer, and the Service shall be used forbusiness purposes only. n The Image of the Item transmitted by Customer to Bank contain an accurate representation of the front and the back of each Item, and the Image complieswith the requirements of the Service, this Article, and the General Terms. �) Customer will not create duplicate Images of the Item. Customer will not transmit any duplicate Images or files to Bank. Customer will not deposit or otherwise negotiate the original Item from which the Image was created No subsequent transferee, including but not limited to Bank, a collecting or returning bank, drawer, drawee, payee or endorser, will be asked to pay the original Item from which the Image was created or a duplication (whether paper or electronic, including ACH entries) of the Item. (k) No subsequent transferees of the Item, including but not limited to Bank, a collecting or retuming bank, drawer, drawee, payee or endorser, shall sustain a loss as the result of the fact that the an Image ofthe Item was accepted by Bank for deposit, presented for payment or returned instead of the original Item, (t) Neither the Image of the Item nor the file in which it was transmitted to Bank contains computer viruses or other harmful, intrusive, or invasive codes. (m) Customer shall defend, indemnify and hold Bank harmless from and against any and all claims, losses, liability, costs, and expenses (including, without limitation, reasonable attorneys' fees) arising from the breach of Customer's warranties, representations, and/or agreements and obligations under this Article, which agreement shall survive the termination of this Article. Article IL ACK Service 1. Statement of Service. This Article states the terms and conditions on which Bank will receive, process and distribute ACH files originated by Customer. Additional terms and procedures for the use of ACH Services may he set forth in other documentation provided by Bank, including any applicable Customer profile and Service Schedule (such other documentation is referred to herein as the "Documentation"). All such Documentation is hereby incorporated by reference and made apart hereof Customer's use of any ACH Service constitutes Customer's acceptance of and agreement to the terms and provisions of all Documentation for such Service, and Customer acknowledges and agrees that such Documentation constitutes part of the agreement between Customer and Bank for the provision of the Services. In the event of a conflict between the terms of this Article, the General Terms and those of any Documentation, the Documentation shall govern and control with respect to the Service issue in question This Article, the Documentation, and the General Terms are sometimes collectively referred to herein as the "Agreement." 2. Customer Compliance. Customer acknowledges it has a copy or has access to a copy of the Operating Rules ("Rules") of the National Automated Clearing House Association ("NACHA"). The Rules may be purchased online at www nacha.org under the publications tab. Customer agrees to comply with and be subject to the Rules of NACHA in existence at the date of this Agreement, and any amendments to these Rules made from time to time. Customer agrees to comply with all applicable federal and state laws and regulations governing transactions to be performed hereunder. as the same may from time to time be amended, including (without limitation) the Electronic Fund Transfer Act, 15 U.S.C. 1693 et seq., Federal Reserve Board Regulation E, 12 C.F.R. 205 et seq., and Federal Reserve Board Regulation 3, 12 C.F.R. 210 et seq. Customer agrees that it shall originate only Entries that would complywith the laws ofthe United States, including, without limitation, the anti -terrorism and anti -money laundering programs administered by the U.S. Treasury Department's O6ce of Foreign Asset Control. Customer acknowledges that the additional compliance review necessary for any international ACH transactions could result in possible delays inprocessing and settling such transactions. 3. Originator Identification Number. The Originator Identification Number uniquely identifies Customer on Bank's operating systems and within the ACH network. In all cases where the Rules call for the use of an Originator Identification Number in an ACH transaction, Customer agrees to use the Originator Identification Number assigned by Bark and no other. 4. Originatinr_Entries. Customer may originate ACH Credit or Debit Entries which conform to the format requirements contained in the Rules and in the Documentation for the specific service. Customer shall initiate the debit or credit Entries designated in Secifon I of the Service Schedule. Customer agrees to send Bank ACH Credit Entries not later than two business days prior to the Effective Entry Date. This is Bank's deadline for receipt of ACH Credit Entries. If Customer fails to meet this deadline, funds may not be available for the Receiver on the Effective Entry Date. Customer also agrees to complywith all of the obligations of an Originator under the Rules. 16 of 29 P55 Subject to the terms of this Agreement, Bank will process the transaction file containing Customer's Entries and transmit the Entries to the ACH within applicable deadlines to meet the Effective Entry Date specked in the file, provided that Bank receives the file from Customer by the applicable deadlines and the Customer complies with any Prefundmg requirements. A file contained on tape is received by Bank when die tape is actually received at the location Bank specifies from time to time. A file transmitted to Bards via electronic transmission is received by Bank when the transmission is completed and Bank is satisfied that applicable security procedures have been followed If Bank receives a file from Customer after the applicable deadline, Bank will use reasonable efforts to process that file so that settlement can be completed as scheduled. However, Bank will not be liable to Customer or to any third party if settlement is not met. Upon request, Bank will provide Customer with a list of days on which Bank does not process files and changes to the list as they occur. Customer agrees that Bank has no obligation to accept Entries and therefore may reject any Paltry submitted by Customer. Bank may reject any Entry which does not comply with the requirements of the Agreement, including applicable security procedures and Prefunding requirements or Limits (as defined below), or for which Bank has reason to believe Customer has breached one or more of the warranties Customer made to Bank with respect to such Entry, or for any other reason permitted under the Rules. Bank may also reject an Entry (with subsequent notice of rejection being forwarded to Customer) without liability to Customer i4 in Bank's reasonable judgment, processing the Entry would cause Bank to violate any applicable law or regulation. If Bank rejects any Entry under this paragraph, Bank will use reasonable efforts to notify Customer the same day. In any can, Bank will notify Customer no later than the Effective Entry Date. Bank shall have no liability to Customer for rejection of an Entry or for failure to notify Customer of rejection and shall not be liable to pay any interest to Customer even if the amount of Customer's payment order is fully covered by awithdrawable credit balance in Customer's Account or Bank has otherwise received full payment from Customer. If Customer asks Bank to amend or cancel an Entry and Customer's request complies with applicable security procedures, Bank will use reasonable efforts to comply with Customer's request prior to transmitting, it to the ACH or debiting or crediting the account of the Receiver for an Chi -Us Entry. However, Bank will not be liable to Customer if Bank is unable to cancel or amend the Entry. Customer agrees to indemnify and hold Bank harmless from and against any and all claims, demands, losses, liabilities and expenses, including reasonable attorneys' fees and costs, resulting from compliance with Customer's cancellation or amendment request If an Entry is returned to Bank through the ACH, Bank will notify Customer no later than the next business day after Bank receives the returned Entry. Bank will have no obligation to retransmit a returned Entry unless Bank is required to do so by the Rules. Unless Bank is required by the Rules to retransmit a returned Entry, Customer must retransmit the Entry to Bank. As an accommodation service to Customer, Bank may reinitiate Entries returned for insufficient or uncollected funds if reinitiation is permitted by the Rules and Customer requests Bank in writing to provide this service. 5. INTERNATIONAL ACH TRANSACTIONS MAT71. Customer shall not initiate any IAT Entries without Bank's prior approval. If approved by Bank, the following provisions apply to IAT Entries originated by Customer. "(a) IAT Entries are transmitted by Bank in U.S. dollars and converted to the local currency for receipt in the foreign country at the exchange rate determined by Bank's processor on the date determined by Bank's processor. All risk of fluctuation in the applicable exchange rate is borne by Customer. (b) In the eventof a returned IAT Entry, consumer payments will be credited to Customer at the originated U.S. doll aramount; corporate payments will be credited to Customer at the exchange rate determined by BarWs processor at the time of return (c) In the event of an error in an Entry or duplicate entries, Customer acknowledges and agrees that Customer shall be liable for any and all losses caused by and a direct or indirect result from the error or duplicate Entry. (d) Customer shall originate all International ACH Transactions, as that term in defined in the Rules, with an IAT SEC code and Customer hereby gees to abide by all of the Rules related to LAT Entries. (e) Customer agrees that in the ease of a non -Consumer Account, Customer shall enter into an agreement with the Receiver whereby the Receiver agrees to abide by the Rules in effect from time to time. (f) Customer acknowledges that it has reviewed and understands Rules related to excepdons to the Rules for outbound IAT Entries and Customer understands and agrees that laws, regulations, and rules of the country in which the Receiver is located shall govern the matters listed within that subsection. Customer further acknowledges that Customer understands how such laws, regulations and rules differ from the Rules. (g) IAT Entries must be authorized as provided in the Rules. The form and content of the authorization, including whether such authorization may be oral, electronic, or written, shall be governed by the laws andpayment system rules of the receiving country. (h) Customer hereby indemnifies Bank from and against any and all resulting claims, demands, losses, liabilities, or expenses, including attomeys' fees and costs, resulting directly or indirectly from Customer's origination of an IAT Entry.' 6. Settlement-focEntries. Customer agrees to maintain with Bank one or more designated Deposit Accounts during the term of the Agreement (the "Account" or "Accounts") for settlement purposes, as designated in Section I of the Service Schedule. All Entries mast be settled in the Accounts. Customer acknowledges that the Rules provide that payment of an Entry by the RDFT to the Receiver is provisional until receipt by the RDFT of final settlement for such Entry. Customer understands that, if such settlement is not received, the RDFI will be entitled to a refund from the Receiver ofthe amount credited and Customer will not be deemed to have paid the Receiverthe amount of the Entry. Customer also agrees to send all Entries to Bank in an `unbalanced file format". This means Customer will not include any offset or balancing transactions in any of the Entries Customer initiates. If Customer does not send Customer's Pastries in an unbalanced file format, Bank may suspend transmission of 17 of 29 P56 Customer's ACH Entries. Unless Prefunding is required and the "Prefutding" check box is selected in the set up form at the beginning of the Service Schedule, in which case the terms of Section 8 shall control, Settlement for Customer's Entries will occur as follows, provided, however, that Bank in its sole discretion may require Prefunding at any time and debit Customer's Account in accordance with the terns of Section 8: a) Credit Entries. Bank will charge the Account on the Settlement Date for the total amount of Customer's Credit Entries. Customer agrees to have on deposit in the Account on the Settlement Date sufficient available funds to cover the total amount of Customer's Credit Entries. If Customer does not make such funds available on settlement date, Customer agrees that Bank may setoffagainst any of Customer's other accounts with Bank or against any of Customer's other property in Bank's possession. b) Debit Entries. Bank will credit Customer's Account on the Settlement Date for funds Bank receives in settlement for Customer's Debit Entries. These funds will be available to Customer on the Settlement Date; however, if arty Debit Entries are returned to Bank in accordance with the Rules; or if any Debit Entries originated by Customer were unauthorized, Bank reserves the right to charge the amount of such Debit Entries to the Account or to setoff against Customer's other account(s) or property in Bank's possession. Notwithstanding the forgoing or any provision in any other agreement between Bank and Customer or any disclosure to the contrary, Bank may, in its sole discretion, delay the availability of these funds for a period of time beyond the Settlement Date. 7. Entry Limits: Before Customer sends an Entry to Bank for processing, Bank will establish Entry Limits ("Limits') for Customer's Credit and Debit Entries. These Limits are the maximum dollar amount of accumulated ACH Credits and Debits for which settlement has not yet occurred and which, subject to the terms and conditions ofthe Agreement, maybe outstanding at any one time. There are separate Limits for Credit Entries and Debit Entries and the Limits are designated in Section I of the Service Schedule. Bank may modify Customer's Limits at Bank's sole discretion at anytime. These modifications are effective immediately and maybe implemented prior to Customer's receipt of notice of the newly established Limits. Customer may contact Bank at any time to verify Customer's current Limits. Customer agrees not to exceed the Limits. Customer acknowledges that the Limits are solely for the protection of Bank and its assets and that files containing Entries in excess of the Limas may or may not be processed at Bank's sole discretion. 8. Profundmg�equirements. If Prefunding is required by Bank, and the "Prefunding" box is selected in the set-up form at the beginning of the Service Schedule, or if Bank in its sole discretion elects to require Prefunding, the following terms will apply. As used in this section, the term "Prefunding" shall refer to the practice of debiting Customer's Account for all Credit Entries on the date such batches are received for processing by Bank, which shall be settlement for such Entries. Where Prefunding is sufficient to cover the entire Credit Entry or Entries, the Settlement Date shall occur upon the debiting of the Account. a) Pro -A— for Prefrardarg i. Customer shall send ACH Credit Origination file(s) ("Credit File(s)") to Bank according to procedures established under the Agreement ii. Customer shall ensure that on the date of submission of any Entries for Bank processing, Customer's Account has a sufficient opening available balance to pay in full all such Entries. In determining the sufficiency of the available balance in the Account, Bank shall be entitled to, but not be required to, consider intraday transactions, such as deposits or ACH credits. iii. Bank shall process the Credit File(s) on the date ofreceipt and determine on that day whetherthe Account contains sufficient funds to pay the amount of the Credit Entry or Entries in the Credit File(s). iv. If sufficient ftmds exist, then Bank shall cause the Account to be debited for the total amount of the Credit File(s) and shall thereafter process in accordance with Bank's standard procedures for Credit Entries. V. If sufficient funds do not exist at the time of Bank's review of the Account to cover the total amount of the Credit File(s), then Bank shall delete the Credit File(s) from its operating system and no further attempt shall be made to process the Credit File(s� b) Defmition of Daae ofReceip1. Date of Receipt is the date Customer submits ACH Entries to Bank for processing, provided Bank is open for business on that date and the applicable deadline for the receipt of ACH ontries has not passed If any Entries are received on a date Bank is not open for business, or if the daily processing deadline for ACH has passed Then such Entries shall be considered to have been received on the next date Bank is open for business. c) Limit of Liability. Bank shall not be liable to Customer or any other party for claims of delayed receipt or non -receipt of payments where such delay or non -receipt arises from Bank's proper enforcement of Pref reeding procedures. Relative to 18 of 29 P57 such claims Customer agrees to hold Bank harmless from any and all legal actions, damages, and costs, including but not limited to late fees, fees charged by other banks, interest, legal fees, or penalties, including penalties imposed by the U.S. Government or any other governmental entity with respect to ACH tax payments. ii. Bank shall not be liable to Customer or any party if Bank suspends transactions according to the Prefunding procedures outlined herein if Customer's Account receives, on the day of deletion of the Credit File(s), sufficient funds which Bank is not aware of because Bank has not had a reasonable opportunity to post such intra -day deposits or credits. Bank's Prefunding procedure is based on Customer's opening available balance in Customer's designated Account. iii. Customer acknowledges that the Rules provide guidelines for the timeliness of submission of ACH Entries relative to the Effective Entry Date. and that Customer's failure to follow such guidelines may result in Bank's baying insufficient time to perform the Prefunding procedures described herein. In such case. Customer will be solely Iiable for any claims, losses, actions, or penalties arising from Bank's rejection of Customer's Entries. d) Notices. Bank shall notify Customer in the event a Credit File(s) has been deleted due to Customer's failure to satisfy Prcfunding requiremerds. In an effort to minimize the consequences to Customer of deletion of a Credit File(s), Bank, while not obligated to do so, shall use reasonable efforts to contact Customer by telephone or other means to advise Customer of such balance deficiency. Bank encourages Customer to monitor Account activity proactively and to contact Bank immediately if it appears transactions have not been processed according to Customer's expectation. 9. Customer Warranties. Customer warrants to Bank that for each Entry Customer submits to Bank for processing, (1) Customer has obtained all authorizations from the Receiver which are required by the Rules, by Regulation E or other applicable law and the Agreement and such authorizations are still valid and have not been revoked by operation of law or otherwise; (2) if required to be in writing. Customer will retain all such authorizations for a period of six years after their termination or revocation, or for such longer period as may be required by the Rules or applicable law, and provide a copy to Bank, upon request, within five days; (3) each Entry has been submitted with Customer's authorization and in accordance with all terms of the Agreement, including applicable security procedures and Prefunding requirements; (4) eadh Entry is for an amount which, as ofthe Settlement Date, will be due and owing, has been specified tobe paid or is a correction of a previously transmitted erroneous Entry; and (5) each Entry also conforms in all other respects to the Rules and applicable law. Customer hereby indemnifies and agrees to defend Bank against and hold Bank harmless from any liability arising out of Customer's breach of the warranties in this section, the Rules or of any other provision of the Agreement or any act or omission of Customer or any other person acting on Customer's behalf 10. Additional Customer Warranties and Amements for Selected Standard Entry Classes. NACHA, in its role of ensuring the safety, security, and viability of the ACH network has determined that certain single -use or limited -use consumer authorizations have the potential to increase risk in the ACH system and compromise system effectiveness by increasing the incidence ofreturned entries. Therefore, to qualify as an Originator of such Entries Customer hereby warrants to Bank that for each such ACH- Entry submitted for processing, Customer has obtained all authorizations from the Receiver as required by the Rules, by Regulation B or other applicable law, and the Agreement Customer also makes the additional warranties to Bank that Bank makes to each RDFI and ACH Operator trader the Rules for the respective SEC codes for Entries originated by Customer. Customer hereby indemnifies and holds Bank harmless from any liability arising out of Customer's breach of these warranties. 11. Security Procedures. In addition to, and without limiting the generality of, the security procedure provisions in the General Terms, Customer agrees to implement and comply with any and all security procedures for Service transactions that are agreed to between Customer and Bank, and Customer acknowledges and agrees that such security procedures are commercially reasonable security procedures under applicable law for the transactions and activity Customer intends to effect through the Service. Customer further agrees as follows with respect to the following ACH initiation channels: a) Direct On-line Transmission: Customer shall provide Bank one or more email addresses, as Bank may require (each such email address, a "Confirmation Email Address"), with respect to which such representatives of Customer who are authorized by Customer both to authenticate Service transactions and to cancel the execution of Service shall have access. Customer shall be solely responsible for determining which of Customer's representatives shall have access to any Confirmation Email Address and for establishing Customeds own internal procedures and policies for access to and use of any Confirmation Email Address and for acting upon Confirmation Notices (as hereinafter defined). Customer represents, warrants, and agrees that no person who is not authorized by Customer both to authenticate Service transactions and to cancel the execution ofServicc transactions on behalfofCustomer shall have access to any Confirmation Email Address. As soon as practicable after receiving 19 of 29 P58 each Entries file from Customer pursuant to Service processes and procedures, Bank shall transmit to each Confinttation Email Address a confirmation of receipt of the file, which confirmation shall include Entry totals for the file and other identifying information ("Confirmation Notice"). Each Entries file transmitted to Bank and each Entry within the file shall for all purposes be deemed correct, authentic, and authorized by Customer for execution, and Customer shall be legally bound by and liable for Bank's processing and execution thereof, unless (i) Customer shall contact Bank's Service operations center at the telephone number provided in the Confirmation Notice during its normal business hours and instruct Bank to cancel the execution of the file, providing such information as Bank may require to identify the file specifically, within thirty (30) minutes after the transmission of the Confirmation Notice or before Bank's next processing update after the expiration of such thirty (30) minute period, and (it) Bank shall have a reasonable opportunity to act upon Customer's instruction. Customer may obtain current information about Bank's processing update times by calling Bank's Service operations center. Customer authorizes Bank to act upon the cancellation instructions of any person who is reasonably believed by Bank to be a representative of Customer and who provides such information as Bank may require to identify specifically the Entries file that is to be cancelled. Customer agrees to keep each Confirmation Email Address current and updated with Bank at all times. Each Confirmation Email Address shall be deemed correct and authorized for the receipt of Confirmation Notices unless and until Customer shall have provided corrective information to Bank in writing and Bank shall have had a reasonable opportunity to act thereon. Bank shall have no obligation to re -send, re -transmit, or otherwise deliver any Confirmation Notice that Bank has transmitted to any Confirmation Email Address and that has been returned "undeliverable" or otherwise rejected for delivery, and no such return or rejection of a Confirmation Notice shall be deemed an instruction from Customer to cancel the execution of my file or any Entry. b) iTreatury ACH. Customer will initiate a request via iTreasury ACH to Bank via the Internet. All iTreasury ACH customers are required to check the file status of all initiated ACH batches to ensure they have received the "Submitted' status for processing. Bank is not responsible for batch initiation timeliness. Customer will be responsible for same day verification of ACH batch status. Transactions initiated through iTreasury are further subject to the terms and conditions of the iTreasury Service Schedule. c) Metavante Touchtone Cath -Concentration: Customer will initiate entire transaction via Touchtone Cash Concentration system using the location ID and passwords assigned to Customer during setup. Customer will be responsible for same-day verification of ACH batch status. Transactions initiated through Touchtone Cash Concentration are further subject to the terms and conditions of applicable agreements governing such service. 12. Authorized and Unauthorized Entries. Any Entry (including a request for cancellation, amendment, or reversal of an Entry) or other communication delivered to Bank that purports to have been submitted or authorized by Customer in accordance with the Rules shall be effective and binding upon Customer even if the Entry was not in fact authorized by Customer and notwithstanding any resolution, any dual or multiple signature requirement identified on any signature cards, or other documents relating to the affected Customer Account(s) that purport to limit authority over the Customer Account(s), whether currently on file or submitted or modified in the future, provided Bank has accepted the Entry in compliance with the Rules, reasonably believes it to have been submitted or authorized by Customer, and has acted in good faith. If any Entry received by Bank is, in fact, submitted or authorized by Customer (or any authorized representative of Customer), it shall be effective as Customer's Entry whether or not (i) Bank complies with the Rules andtor the Agreement with respect to the Entry, (i) the Entry is erroneous in any respect, (iii) the error, if any, could be detected by Bank, or (iv) Bank processes, transmits or settles the Entry even though one or more of the conditions therefore, as set forth herein, is not satisfied. If Customer discovers an erroneous or unauthorized Entry, Customer shall immediately notify Baric, as well as notify the affected Receiver(s), and shall confirm such notification in writing. Upon receiving such notice, Bank will use reasonable efforts on behalf ofC ustomer to correct the erroneous Entry in a manner consistent with the Rules, but Bank shall in no event be liable to Customer In the event that Bank is unable to correct the erroneous Entry. If Customer fails to notify Bank or the affected Receivers) of any erroneous Entry, Customer will be liable for any losses Bank may incur. Customer agrees that Bank has no obligation or duty to detect errors with respect to Entries submitted by Customer. However, if Bank detects an error with respect to an Entry delivered to Bank, Bank will exercise reasonable efforts to give Customer notice of such error, and Customer agrees to famish to Bank corrections in a format and on a medium prescribed by Bank Bank reserves the right to suspend or cancel Customer's ability to perform transactions hereunder if Bank suspects any unauthorized or fraudulent transactions. Customer agrees to talar any reasonable actions requested by Bank to prevent unauthorized transactions or to correct errors. 13. Amendment of the Rules. Amendments to the Rules or applicable laws and regulations which govern transactions hereunder shall become effective as to the Agreement upon the effective date stipulated for such amendments by the authority promulgating such amendments. 14. Data Retention. Customer agrees to retain data and records relating to any and all Entries originated by Customer for a period of six years after the date each Entry is transmitted and shall, upon request by Bank, famish a copy of such data and records to Bank. 15, Additional Terms and Conditions. a) Recording Conversations. Bank may, but is not required to, record any conversations Bank has with Customer or with any of Customer's representatives. b) leormation Disclastim. Some of the Services covered by this Article may be provided to Customer with the participation or assistance of one or more of Bank's affiliates. Customer agrees that Bank may disclose to such affiliates any information Customer provides to Bank to the extent required for the delivery of these Services. 20 of 29 P59 c) Confirmation; Account Reconciliation. Bank will provide notice of all ACH Entries to Customer's Account on Customer's periodic Account statement. If Customer uses Bank's information/balance repotting services, Customer can also receive notice through various mailed reports or terminal printouts. Customer is responsible for detecting and reporting to Bank any discrepancy between Customer's records and the records Banc provides to Customer. If Customer does not detect and notify Bank of such a discrepancy within 30 days of Customer's receipt of any terminal printout, mailed report or periodic statement ("Report"), whichever is received first, then Customer will not be entitled to interest from Bank on any amount refundable to Customer. d) Alternative Transfer of Funds. Solely at Bank's option, Bank may elect to accomplish the movement of funds requested by Customer's Entries via wire transfer. In the event that Bank elects this option, Customer agrees to execute and be bound by Bank's standard wire transfer agreement and to comply with Bank's normal wire transfer procedures. Should Bank elect this option, Bank will attempt to send the wire or wires on the Effective Entry Date specified in Customer's file(s). If Customer's Account does not contain sufficient collected balances to fiord the wire, or if the receiving institution returns any drawdown wire, Bank may reject the Entry or Entries without liability to Customer. If Bank rejects an Entry, Bank will make reasonable efforts to notify Customer the same day. Bank will not be Gable to Customer for Bank's rejection of an Entry, or for interest on the amount of a rejected Entry, regardless of the amount of Customer's Account balance. Except for the method of delivery, which will be governed by the provisions of Bank's wire transfer agreement, and the foregoing terms for the execution of transactions against collected balances, Bank's election of this option will not affect any other provision ofthis Article, the General Terns, or the Documentation, including but not limited to provisions related to dee Limits. C) Use of Third Party Service Providers. If Customer uses a third party service provider to deliver Customer's files to Bank or to perform any other actions in connection with the Services provided heretmder, that third party will be considered Customer's agent. All terms of the Agreement will apply to the actions or failure to act of such third party service provider and Customer will be legally bound by all acts and omissions of such third party service provider. Customer agrees to cause any such third party service provider to execute any agreements or other fours Bank may specify prior to conducting any transactions on Customer's behalt M Responsibilities as a Third Party Payment Processor. Customer agrees that, if Customer uses the ACH Service provided by Bank to initiate any ACH Entries for Customer's clients or any person or entity other than Customer (a "Client', the following provisions shall apply. a) Payment Processing By providing payment processing services to third parties, Customer is considered a "!bird Party Payment Processor." Customer acknowledges that, as a regulated financial institution. Bank is expected to monitor the payment processing services it provides, either directly to Bank's customers or indirectly through a Third Party Payment Processor. Customer agrees to provide Bank and any regulatory agency having jurisdiction over Bank (a "Regulatory Agency") with such information and reasonable assistance as may be necessary for the Bank or a Regulatory Agency to evaluate Customer's payment processing activities. Customer acknowledges and agrees that, by initiating any ACH Entry for a Client, Customer may be subjecting itself to the jurisdiction of such Regulatory Agencies. Customer also agrees.that it shall not use the ACH Service to provide payment processing services to any other Third Party Payment Processor unless Bank, in its sole discretion, agrees in writing that the Service may be so used. b) Customers Clients. At Bank's request, Customer shall provide Banc with a written list identifying each Client for which Customer then initiates ACH Entries using the ACH Service (the "Client List"), and also shall provide an updated Client List upon request Customer agrees to provide Bank with any information about a Client that Bank may request in order to identify the Client or to understand the type and extent of the Client's business. In the eventthat Bank, in its sole discretion and at any time, determines that any Client is unacceptable to Bank, Bank shall notify Customer. Bank's notice may () prohibit Customer from using arty Account or Service to perform payment processing for that Client, or (ii) place conditions on Customer's use of any Account or Service to perform payment processing for that Client. C) Additionallnformation. Customer acknowledges diet, as a condition to allowing Customer to initiate or to continue initiating ACH Entries for Clients, Bank may require Customer (i) to provide Bank with additional information about Customer and its Clients upon request; and/or (ii) to enter into a Payment Processing Addendum under which Customer shall periodically provide Bank with specified information about Customer and its Clients. d) Applicable laws. Customer shall comply with any and all applicable federal, state, and local laws, statutes, ordinances, orders, codes, rules, regulatory guidance, regulations that govern or relate the payment processing services provided by Customer to Clients ('including without limitation all consumer protection laws and all laws restricting business with any individual, entity or country identified on any list of Specially Designated Nationals or sanctioned countries that is issued from time to time by the Office of Foreign Asset Control of the United States Department of the Treasury (collectively, the "OFAC List'), as they may be amended from time to time ("Applicable Laws"). Customer shall comply with and bear the costs required by any change in Applicable Laws. Customer agrees not to take any action that shall render Bank liable for any violations of Applicable Laws. e) Prohibited Clients. Bank, in its sole discretion, may determine not to provide payment processing services, directly or indirectly, to particular types of business. Bank may provide Customer with its list of any types of businesses for which Bank will not provide payment processing services (the "Prohibited Business List'!, and Customer agrees not to use any Account or Service to perform payment processing for any Client that is engaged in a type of business included on Bank's current Prohibited Business List 21 of 29 P60 Covenants, Representations and Warranties of Customer. Customer covenants, represents and warrants that: i. Customer (A) is not identified on the OFAC List, (B) is not foreign-based, and (C) has no foreign-based affiliates that provide any payment processing services using a Regions Account. ii. Customer shall not provide payment processing services to, traosmit payments to, employ or subcontract with, or otherwise conduct business with any individual, entity or country identified on the OFAC List. Customer shall implement and comply with internal policies and procedures reasonably designedto assure that Customer meets this obligation, including without limitation procedures to screen against the OFAC List. In the event Customer determines that, notwithstanding its policies and procedures, Customer has conducted business with any individual, entity or country identified on the OFAC List, Customer shall notify Bank as soon as practicable, but in any event no less than five (5) days of making this determination. iii. Customer does not and shall not contract with any third party to procure new Client relationships (i.e. an Independent Sales Organization (also referred to as an ISO) or gateway arrangement). iv. Customer has secured and will maintain any licenses, permits, registrations or other authorizations (a "License') from the applicable governmental authorities that Customer must have in order to provide its payment processing services in compliance with Applicable Law. Upon request, Customer will provide Bank with a copy of the License for each jurisdiction in which Customer does business or an opinion of counsel acceptable to Bank that no License is required in that jurisdiction. g) Audit, Monitoring and Compliance. i. Customer acknowledges that Bank is subject to examination and audit by Regulatory Agencies. Customer further acknowledges that such federal and state Regulatory Agencies having supervision over Bank may require access to Customer's facilities in order to examine, audit, or investigate the compliance of this Addendum with all Applicable Laws. Customer agrees to cooperate fully with respect to all such examinations, audits, and investigations. Customer agrees to notify Bank as soon as practicable of any formal or informal request by any Regulatory Agencies having supervision over Bank to examine records pertaining to Bank, Clients, or this Addendum, if Customer is not prohibited by law from notifying Bank. H. To the fullest extent permitted by Applicable Law, Customer shall notify Bank promptly if' (A) Customer learns that any governmental agency believes or suspects that this Addendum or any act or omission of Bank or Customer in connection with or pursuant to this Addendum may violate any Applicable Laws; (B) Customer leams that any person, entity, or governmental agency is contemplating private action or enforcement action of any kind against Customer or Bank in connection with this Addendum or the payment processing services that Customer provides to Clients; (C) Customer learns of a data breach involving Customer's or any of its agents' systems used for payment processing, in which case Customer shall notify Bank within twenty-four (24) hours of learning of the breach; (D) Customer experiences a material adverse change in its financial condition; or (L) Bank (either through its own representatives or by employing third parties at any time and upon reasonable prior written notice, shall have the right to audit and examine () Customer's compliance with this Addendum any and all Applicable Laws, which may include access to Customer's premises or facilities, and (ii) Any Client's compliance with the NACHA Rules, as provided more fully in Subsection h below. h) Initiation of ACff Entries On Clients' Behalf. Customer agrees that, if it initiates ACH Entries for Clients, Customer is considered a Third Party Sender and agrees to be bound by the terms of this Section. Teras capitalized in this Section shall have the meaning provided in the Agreement or the NACHA Rules. i. By initiating an Entry on behalf of a Client, Customer authorizes Bank to initiate the Entry on that Client's behalf to the Raxiver's account. ii. Customer confirm its agreement to be bound by the NACHA Rules, and agrees to comply with all of its provisions regarding Third Party Senders, including, but not limited to, the requirements for Customer. (A) to provide Bank, within two (2) days of Bank's request, with any information that Bank reasonably considers necessary to identify each Originator for which Bank transmits entries, (B) to make payment to Bartle for all Credit Entries initiated and for all Debit Entries that are retuned by the RDFI, (C) to retain and to deliver to Bank upon request any records, documentation and other data regarding any Entries that Customer initiated as a Third Party Sender, and (D) not to initiate Entries that the laws of the United States or any Applicable Laws. iii, Customer agrees to comply with any restrictions that Bank has placed on the types of Entries that Customer may initiate on behalf of Clients. iv. Customer agrees that, before initiating any Entry on a Client's behalf Customer will have entered into an agreement with that Client which satisfies the requirements of the NACHA Rules (an "Originator Agreement"). Among other requirements, the Originator Agreement must provide that the Client (A) agrees to be bound by the NACHA Rules and to assume the responsibilities of an Originator under the NACHA Rules; (B) 22 of 29 P61 agrees not to initiate Entries that violate the laws of the United States or any Applicable Laws; (C) acknowledges Bank's right to suspend or terminate its ACH Service for breach of the NACHA Rules and as otherwise provided in the Agreement and this Addendum; and (D) acknowledges Bank's right to audit the Client's compliance with the Origination Agreement and the NACHA Rules. Customer agrees to indemnify Bank from and against any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees and costs), that result directly or indirectly from the failure of that Client to perform its obligations as an OriginaWr under the NACHA Rules. V. Customer agrees that, by December 31 each year and at its own expense, Customer will conduct or have conducted an annual audit of its compliance with the NACHA Rules in accordance with Appendix Eight of the Rules. vi. Customer shall have the responsibility W (I) handle all returned Entries, Notifications of Change (VOCs), and rejected Entries; (1I) notify the Receiver of any reversing Entry; and (III) detect and correct any errors. vii. Customer represents and warrants that it will initiate ACH Entries only from accounts located in the United States. ) Fees and Other Charges. In addition W the fees and charges for use of the ACH Service, Customer also agrees to pay any fines and penalties arising ftam or related to Customer's use of the ACH Service W provide payment processing for Clients or failure W comply with this Section, including without limitation any fines or penalties imposed on Bank in connection with Customer's acts or omissions. Article 177. Positive Pay Service I. Statement of Service. This Article describes Bank's Positive Pay Services whereby Bank and Customer follow the processes and procedures described herein in order to authorize and/or confirm the payment or return of checks presented for payment against Customer's account(s). The Service systems are not designed to detect or preventfraud due W paperless entries (W include ACI, Wire, and EFT) to the account If a Positive Pay account is funded by an ACI, Wire, EFT, or any other paperless entry and there are no funds available to be deposited to the Positive Pay Aeeour#, the Bank will not be required to pay any checks presented against the accoum. Same Day Positive Pay and Next Day Positive Paw. a) In the Some Day Positive Pay Service and the Next Day Positive Pay Service, Batik will match checks that are presented for payment W a file of issued checks Customer provides to Bank and generate an exception report indicating discrepancies between the issued checks and the checks being presented for payment. As used in this Article, the following terns shall have the following meanings with respect W Same Day Positive Pay and Next Day Positive Pay: (i) Conforming heck means, as applicable, (A) with respect to Same Day Positive Pay and Next Day Positive Pay, any check presented W Bank for payment which bears an encoded check serial number and an encoded amount which match the description of an outstanding item in the Issue File, (B) with respect to the Payee Name Verification service, any check presented W Bank for payment which bears an encoded check serial number, an encoded amount, and a payee name which match the description of an outstanding item in the Issue File, and (C) whether or not Customer has elected the Payee Name Verification service, and only with respect to over-the- counter transactions through Bank's Teller Positive Pay System where Customer has elected W furnish payee names in the Issue File along with other required information, any check presented to Bank for payment which bears an encoded check serial number, an encoded amount, and a payee name which match the description of an outstanding item in the Issue File. (ii) Issue File means a list, as updated from time to time in accordance with Bank's rules and guidelines, in an electronic readable format prescribed by Bank, of Customer's duly issued checks, describing each check by its serial number and amount. If Customer has elected the Payee Name Verification service, or if Customer has not elected the Payee Name Verification service and desires verification of payee name in connection with over-the- counter transactions through Bank's Teller Positive Pay System, the Issue File must also include the payee name for each check 23 of 29 P62 NO Non -Conforming Check means any cheek presented for payment to Bank which does not bear all information required for a Conforming Check. b) In connection with Same Day Positive Pay and Next Day Positive Pay, Customer shall deliverto the Bank the Issue File, or update thereto, by data transmission to the Bank prior to disbursing checks to payees. In the event that the Customer cannot generate the Issue File, the Customer is responsible for notifying Bank Issue Files received by 7:30 AM CST/CDT on the date of check(s) disbursement will be loaded and available for Teller Positive Pay System. In determining which of the Customer's checks drawn on the Bank have been duly issued, all items presented over -the counter on Same Day Positive Pay and Next Day Positive Pay accounts will be subject to verification from the Customer's Issue File through Bank's Teller Positive Pay system. If the item presented for payment over-the-counter is determined by Bank to be a Non -Conforming Check in any respect, the item presented will not be honored aid the transaction will be terminated. Non -Conforming Checks presented over-the- counter are not subject to the notification and pay/return decision procedures otherwise described herein for Non -Conforming Checks, c) Any Conforming Check presented to Bank shall be deemed properly payable with respect to the Customer's signature and the amount of the check, and in the case of over-the-counter transactions through Bank's Teller Positive Pay System where Customer has famished payee names in the Issue File, or if Customer has elected the Payee Name Verification service, also with respect to the payee. The Bank shall be under no obligation to verify the Customer's signature or the absence of any alterations thereon. Likewise, the Bank shall be under no obligation to verify the payee name on the check in comparison with the Customer's Issue File except in the case of over-the-counter transactions through Bank's Teller Positive Pay System where Customer has furnished payee names in the Issue File, or where Customer has elected the Payee Name Verification service. d) In the event a Non -Conforming Check is presented to the Bank (other than presentment over-the-counter), Bank shall notify the Customer by facsimile transmission or online of such Non -Conforming Check. For Same Day Positive Pay, the Bank's notice shall be given by 3:30pm CST/CDT on the day of presentment of the Non-Conforaing.Check For NextDay Positive Pay, the Bank's notice shall be given by 10:00am CST/CDT on the next banking day following posting of the check. If Bank systems or communications failure occurs, the Bank may notify the Customer by telephone. The Customer shall instruct the Battik to Pay or Return (No Pay) the Non -Conforming Check(s) at the following times: 1. For SameDay Positive Pay Customers - no later than 1:00 p.m. CST/CDT on the next banking day after the Bank's notification to Customer. 2. For NextDay Postdve Pay Customers - no later than 2:00 p.m. CST/CDT on the same day of the Bank's notification to Customer. Customer's instructions shall be delivered according to the elections in the Service Schedule. If Customer has elected to deliver instructions via iTreasury, and if iTreasury is inoperable, Customer may deliver instructions via fax (205-261-6449) or via telephone (800-787-3905). Absent any contrary timely instruction from the Customer, and subject to any default elections made in the Service Schedule, the Bank will pay the Non- ConformingCheWs), and, in so doing, the Bank shall incur no liability to Customer for improperly paying the item(s). Paid items) omitted from the Customer Issue File will be subject to a paid -no -issue fee per items) paid. Customer agrees that if Bank acts in accordance with the procedures set forth in this Article and the Service Setup in paying or retunhifig item(s), Bank will be deemed tohave exercised ordinary care. e) Notwithstanding any term or provision herein to the contrary, if Customer has elected the Payee Name Verification service, Customer acknowledges and agrees that Bank will not verify a check payee name in the event a presented check is deemed a Non -Conforming Check due to a discrepancy in either the encoded check serial number or the encoded amount. In such cases, Customer shall bear any and all risk of payee name mistake or alteration in the event Customer's instructions call for Bank to pay the Non -Conforming Check f) In order to stop payment on a check included in the Issue File, the Customer shall deliver a stop payment order via telephone, iTreasury, or in writing priorto the presentment ofthe item. A cancel or void in the Issue File should only be used if a check has not been disbursed. Bank's system will not recognize cancels as stop payments. If a stop payment order is placed after an item has been memo posted to Banks -system, the stop payment will not be placed. Stop payment orders are subject to the terms and conditions ofthe deposit agreement governing Customer's account g) In connection with Same Day Positive Pay or Next Day Positive Pay, Customer may elect Stale Date Verification whereby Customer may request that the Bank return unpaid any checks which are presented for payment a specified number of days following the date listed on the Customer's check(s). Customer must specify the number of days Customer selects in the Service Schedule. All checks presented for payment after the selected number of days following the date shown on the check will be retuned as "refer to maker" until this service is cancelled by the Customer. The Bank is not obliged to honor any stale date notice on the Customer's check unless the Customer has selected Stale Date Verification. Any claimed loss from the payment of checks not in accordance with the time limits listed by Customer in the Service Schedule will be governed by the same legal principles as those concerning improper payment over a binding stop payment. 24 of 29 P63 3. Reverse Positive Pay. In the Reverse Positive Pay Service, the Customer does not submit issue information, and the Bank reports to the Customer all checks presented for payment to the Bank on the previous banking day by serial number and amount. Customer must notify the Bank via email or online via iTreasury to an address provided to Customer by Bank by 11:00 AM CST/CDT with instructions to return those checks which Customer does not desire to pay. Any check as to which Customer does not timely and properly provide non-payment instructions will be deemed approved for payment by Customer, and if Customer does not notify Bank by the specified time with any non-payment instructions, all checks will be considered as approved for payment by Customer. Reverse Positive Pay does not prota against fraudulent items that are cashed at a banking office, and for that reason the Bank recommends Same Day Positive Pay or Next Day Positive Pay. Reverse Positive Pay does not replace Bank's standard check processing procedures, which may cause a check to be dishonored even if Customer's instructions or the defaultprocedurm do not otherwise require Bank to return such check. Ifthe Customer chooses to use Reverse Positive Pay, Customer accepts all risk of loss associated with Bark's payment of fraudulent items presented for payment over the counter at banking branch, except as may be attributable to the Band's lack of good faith or gross negligence. 4. No Check Positive Pay Service. The No Check Positive Pay Service is designed for customers who do not intend to draw checks on their accounts. In the No Check Positive Pay Service, Bank and Customer do not exchange information about issued and presented checks according to the processes and procedures described herein with regard to other Positive Pay Services, and Bank automatically returns all checks presented and posted against Customer's account. If Customer has enrolled an account in the No Check Positive Pay Service, Customer releases Bank from any and all liability, including (without limitation) liability for wrongful dishonor, and agrees to indemnify Bank and hold Bank harmless from and against any and all damages, losses, fines, fees, taxes, legal expenses, ardor actions at law, related to or arising from the reran or dishonor of any check that actually is authorized by Qstomer and/or that otherwise would be properly payable with respect to Customer's account. a) Customer is responsible for providing and maintaining an updated list of Customerpersonnel authorized to make pay/no pay decisions on items to the Bank ("Authorized Personnel'). Information provided on the Service Schedule will remain in effect until an appropriate Customer representative otherwise notifies the Bank in writing of a change in the list of Authorized Personnel. b) Customer acrnowledges that notwithstanding the return of checks by the Bank in accordance with Customer's instructions in connection with the Service, the Customer may be subject to claims for payment by the payee of any check or by a holder in due course of a check. c) IfCustomer has enrolled for Bank's Commercial Check Imaging service and/or Bank's Reconcilement service, Customer hereby agrees that the terns and conditions of such services supplement the terms of this Article. This Article shall control over any inconsistencies between this Article and the Commercial Check Imaging Service Schedule and the Reconcilement Service Schedule as to the provision of the Service described in this Article. d) Customer shall be responsible for ensuring that all checks and Issue Files issued by Customer in connection with this Service meet Bank's quality standards and specifications. Without liability to any party, and without limiting any other right or remedy available to Bank, Bank shall be entitled to cease or suspend the Service, in whole or in part, in Bank's sole and absolute discretion and with or without notice to Customer, if the quality of the checks, including (but not limited to) the quality of the magnetically encoded characters on the face of each check and the quality and legibility of die payee name, or the quality of the Issue File do not meet Bank's standards and specifications, or if the checks otherwise cannot be processed on Bank's equipment, or if Customer shall otherwise fail to properly perform its duties, obligations, and responsibilities in connection with the Service, or shall commit any act or omission which impairs Bank's ability to provide or prevents Bank from providing the Service. Customer further acknowledges and agrees that if Customer has enrolled in the Payee Name Verification service and fails to meet Bank's quality standards, requirements and specifications for the printing of payee names on checks, then Bank, at its option and notwithstanding any other term or provision of this Article, may treat and process as a Conforming Check any check which bears an encoded check serial number and encoded amount which matches the description of an outstanding item in Customer's Issue File without regard the payee name on the check, and Customer shall bear and assume all risk as to any discrepancy, error, or nonconformity with respect to the payee name. Bank may charge, and Customer agrees to pay, a fee for the manual examination of any checks that do not meet Bank's quality standards, requirements and specifications for the printing of payee names on checks in connection with the Payee Name Verification service. e) The typos of exceptions identified using the Service are strictly limited to the exception definitions herein, according to the service level Customer has elected. Nothing in this Article shall be construed as relieving Customer of its normal due diligence responsibilities regarding the examination of account statements and individual checks to detect exceptions outside the scope of the Service provided to Customer hereunder (including, but not limited to, alteration of payee information if such information is not otherwise verified in connection with the Service). Bank shall not be liable for any loss arising from Customer's failure to exercise due diligence. t) Customer shall accept liability to any party and hold the Bank harmless for any damages, losses, fines, fees, taxes, legal expenses, or actions at law arising from the return (dishonor) of any check if such return resulted from the correct application of the Customer's pay/return instructions. 25 of 29 P64 g) The Bank will not be liable to Customer or anyone else if Bank refuses to pay suspect items presented at Bank teller lines. If for any reason, voluntarily or involuntarily, Customer is suspended from Teller Positive Pay and items presented at Bank's teller lines are paid, Customer agrees that Bank will not be liable to Customer for paying any fraudulent -item during the suspension of Teller Positive Pay service. Customer agrees that Bank will have exercised ordinary care in providing positive pay services in any case of fraudulent activity on Customer's account h) Any check that is paid in accordance with the Service shall be considered properly payable under the Uniform Commercial Code and Customer agrees that Bank shall have no liability to Customer for paying items in accordance with the Service. Bank's liability to Customer for any presented check erroneously paid by Bank in breach of this Article ("Bank's Wrongful Honor") shall be limited to the lesser of the amount of the wrongfully paid check or Customer's actual damages resulting from Bank's payment of the check. Bank retains the right to assert the defense that Customer has sustained no actual damages because Bank's Wrongful Honor discharged for value an indebtedness ofCustomer. Nothing herein shall constitute a waiver or limitation of the rights of Bank under the Uniform Commercial Code ("UCC'). Bank's liability for wrongful dishonor of a check presented to Bank for payment shall be limited to the damages for wrongful dishonor recoverable under UCC Articles 3 and 4; provided, however, that Bank shall have no liability to Customer for wrongful dishonor when Bank, acting in good faith, returns a presented check: 0 that it reasonably believed was not property payable; or (ii) if required to do so by the service of legal process on Bank or the instructions of regulatory or government authorities or courts. Article IV. Integrated Payables Service 1. Description of Service. This Article describes Bank's Integrated Payables Service, whereby Customer may execute certain payment transactions via the Internet and/or via other methods of electronic data exchange to electronically streamline the exchange of payments, remittance and other information between Customer and Bank and Customer and its business associates. The Service fimcdons and transactions elected by Customer, and other details and technical specifications regarding Customer's use of the Service, are indicated in the Service Schedule, which constitutes a part of the Service Terms. 2. Definitions. The following definitions apply when the following terms are used in this Article: "Cummer MaNriar means the data, software, files, designs, plans, specifications, improvements, works or other materials provided by or on behalf of Customer for storage on &-inclusion in the Service or UserGuide. Service Terms" means, collectively, all terms, provisions, conditions governing the Service that are imposed by Bank and/or its Third Party Service Provider, including (without limitation) this Article, the General Terms, and any applicable Service Schedule, Customer Profile, and/or User Guide. "Vendor Agreement" means any terms, conditions, contrac 4 license, or any other agreement entered into.or agreed to by and between Bank and any Third Party Service Provider with respect to the Service or any feature, function, or element thereof Other terms may be defined elsewhere in this Article. Capitalized terms used in this Article and not defined in this Article shall have the meanings ascribed to them in the General Terms. 3. Other Agreements. When this Service is used to access other Bank services, products, or payment facilities (including, without limitation, Bank's ACH service, Bank's wire transfer service or Virtual Purchasing Card service), the terms, conditions, and agreements governing such other services, products, and payment facilities, including any applicable Article of Part 2 of this Master Agreement, ("Service Agreements") remain in full force and effect, except as expressly modified or amended by the Service Terms. Such other Service Agreements are hereby incorporated by reference and made a part hereof. Customer agrees to promptly execute and deliver to Bank any documentation required by Bank to evidence Customer's agreement to Bank's terms and conditions for services, products, and payment facilities accessed and used by Customer through the use of the Service; provided, that Customer's use of the Service to use, access, and/or perform other Bank services, products, or transactions automatically constitutes Customer's acceptance of and agreement to any and all terms, conditions, and provisions in effect and imposed by Bank at the time of Customer's use or performance of such services and transactions without the execution of any related documentation by Customer. Termination of Service Agreement ofa Service selected by Customer (CheckPrinfing, ACH, Wire, Positive Pay, Virtual Purchasing Cards) shall terminate the use of such Service under this Article. Customer agrees to be bound by and to comply with any and all User Guides, instructional materials or technical information relating to the use of the Service that is made available to Customer by Bank or its Third Party Service Provider in connection with the Service, as amended from time to time. Customer acknowledges and agrees that Bank, in Bank's sole and absolute discretion, may engage Third Party Service Providers in connection with the Service. Bank's provision of the Service to Customer is subject to, and Customer shall be bound by, all applicable terms, provisions, or conditions of any Vendor Agreement between Bank and any Third Party Service Provider, and in the event of a conflict between the terms of this Article and the applicabl a terms of any VendorAgreement the terms of such the Vendor Agreement shall govern and control. Customer acknowledges and agrees that Customer is not a third party beneficiary of any Vendor Agreement and shall not have any direct claims or recourse against any Third Party Service Provider, except to the extent expressly permitted by the terms of the Vendor Agreement and subject to all limitations and disclaimers provided in such Vendor Agreement. 4, Additional Customer Obligations and Responsibilities. Customer agrees that Customer (i) shall use the Service and User Guide only in the ordinary course of Customees internal business operations, (ii) shall not use the Service in violation of the Service Terms, (iii) shall not use the 26 of 29 P65 Service to conduct any type of service bureau or time-sharing operation or to provide remote processing, network processing, network telecommunications or similar serviow to any person, whether on a fee basis or otherwise, and (iv) shall ensure that the Service is used only by Customer's Authorized Users in accordance with the User Guide. In the event of any error in connection with the Service or any Service transaction, Customer shall provide to Bank or its Third Party Service Provider reasonably detailed documentation and explanation, together with underlying data, to substantiate any error and to assist Bank or its Third Party Service Provider in diagnosing, reproducing and correcting the error. Customer shall use any modifications, revisions, and updates in the Service and User Guide, including changes in programming languages, rules ofoperation and screen or report format, as and when they are implemented and/or made available by Bank or its Third Party Service Provider. Customer agrees to devote all equipment, facilities, personnel and other resources reasonably necessary to implement the Service and to be trained in the use of the Service, and neither Bank nor any Third Party Service Provider shall be responsible for any delays or additional fees and costs associated with Customer's failure to timely perform such obligations. 5. gr IDer Material. Customer hereby grants to Bank and its Third Party Service Provider a non-exclusive, worldwide, royalty free license to modify, copy, use or otherwise include the Customer Material in the Service and User Guide. Customer represents and -warrants that (i) Customer and its Authorized Users have full legal right to grand to Bank or its Third Party Service Provider the right to use the Customer Material for inclusion in the Service or the User Guide, (iaj) the Customer Material complies with all applicable law and does not infringe upon any United States patent, copyright, trade secret or other prcprietary right of any person, and (iii) Customer has obtained all necessary assignments or licenses and waivers of moral rights from its employees and/or contractors, including the right to modify any applicable work contained in the Customer Material and to associate any applicable work contained in the Customer Material with any product or service. Customer agrees to indemnify and defend Bank and its Third Party Service Provider against any third party claim alleging a breach of the foregoing representations and warranties or an infringement of a United States patent, copyright, trademark, trade name, trade secret or other proprietary right of any person. 6. Healthcare Claim Transactions. Customer agrees, represents, and warrants (i) that Customer shall not use the Service primarily to facilitate Healthcare Claim Transactions and (ii) that not more than five percent (5%) of the payments processed by Customer on an annual basis cuing the Service shall be Healthcare Claim Transactions. The following terms shall have the following meanings: "Healdware Claim" means claims for payment or reimbursement resulting from (i) medical care (including behavioral healthcare), dental care or vision care services, (ii) pharmacy transactions, and (iii) worker's compensation settlements and adjustments. Healthcare Claim Timuactlons" means electronic or paper payments, remittance advices and transaction support between Healthcare Payers and Healthcare Providers for Healthcare Claims, as well as (i) the creation of enrollment databases that track payment types and remittance preferences for Healthcare Claims, (ii) capturing and validating patient explanation of benefits (FAB) form data for facilitating Healthcare Claims, (iii) notification of Healthcare Claims and (iv) facilitating administration of healthcare savings and similar accounts for facilitating Healthcare Claims. "Healthcare Payer" means an individual, commercial or governmental payer (including third party administrators) of Healthcare Claims. "Healthcare Provider" means (i) providers of medical care (including behavioral healthcare), dental care, vision care services, (it) pharmacies and (iii) providers of worker's compensation benefits or worker's compensation insurance services. 7. Customer Rryce_s Customer is solely responsible for scheduling and initiating any and all Service transactions sufficiently in advance of applicable due dates. Bank and its Third Party Service Provider disclaim any and all representations or warranties, express or implied, that any transaction executed through the Service will be timely and/or properly received, processed, and applied by any counterparty to such transaction. Customer assumes all risk relating to the timely and proper scheduling, initiation, processing, transmission, receipt, and application of Service transactions, and Customer releases Bank and its Thud Party Service Provider from any and all claims, liabilities, and/or damages related thereto or arising or resulting therefrom. Except for those losses caused directly by Bank's or its Third Parry Service Provider's gross negligence or willful wrongful acts, Customer agrees to indemnify, defend, and hold Bank and its Third Party Service Provider harmless from and against any and all losses, costs, suits, damages, claims, liabilities, and expenses (including, without limitation, reasonable attomeys' foes) arising from or related in any way to any relationships, claims, or disputes between Customer and any and all counterparties to transactions executed by Customer through the Service (including, without limitation, payees of payment transactions executed through the Service). 8. Adjustment to Account Checks Bank reserves the right to adjust, debit, or credit Customer's account in the amount of any requested Service transaction on the date that the transaction is initiated through tate Service or any time thereafter. In the event Customer directs that any Service payment transaction be made by check or draft, Customer authorizes Bank and/or its Third Party Service Provider to execute a check or draft drawn on Customer's account for the purpose of executing such transaction, notwithstanding any resolution, signature card, or other document filed with Bank that purports to limit authority or signatory capacity over any of Customer's accounts, whether currently on file or submitted or modified in the future. Upon request by Bank or its Third Party Service Provider, Customer shall promptly submit one or more facsimile signatures, in such form or format as Bank or its Third Party Service Provider may require, for application to checks or drafts executed through the Service. 9. Modif ca 'an of Service Tran 'ons. Bank and its Third Party Service Provider shall have no obligation to permit Customer to amend, modify, cancel, or stop payment on Service transactions after Customer has initiated or submitted such transactions for execution through the Service. In the event Bank or its Third Party Service Provider shall permit Customer to amend, modify. cancel, or stop payment on Service 27 of 24 P66 transactions, Customer must act within applicable deadlines established by Bank or its Third Party Service Provider for such purposes and otherwise afford Bank and its Third Party Service Provider a zeasonible opportunity to respond to instructions to amend, modify, cancel, or stop payment on Service transactions; provided, that in no event shall Bank or its Third Party Service Provider have any liability to Customer or any counterparty to Customer's Service transaction if Bank or its Third Party Service Provider shall fail to execute or timely execute any instruction to amend, modify, cancel, or stop payment on such Service transaction. 10. Security Procedures. In addition to, and without limiting the generality of- the security procedure provisions in the General Terms, each User on the Regions Integrated Payables website will be required to log into the system using a User Name and Password. At initial log in, the User will be required to register an SMS enabled mobile phone number. At each subsequent log in the User will be sent an SMS Text Message containing a one-time Password The User must enter that one -tine Password to complete the login process. The User Name, Password and one- time Password constitute the Security Devices necessary for login. Customer is responsible for keeping the mobile phone number(s) up to date. Article V. iTreasury Service 1. Statement of Service. This Article describes Batik's Treasury Service, whereby Customer may review account transactions and information and perform certain transactions and banking services via the Iutemet The Service functions and transactions elected by Customer are indicated in Section I of the Service Schedule. 2. Other Agreements. When the Service is used to access other Bank services, the terms, conditions, and agreements governing such other services remain in full force and effect, except as expressly modified or amended by the terms of this Article or other written terms or procedures imposed by Bank with respect to the Service. Customer agrees to promptly execute and deliver to Bank any documentation required by Bank to evidence Customer's agreement to Bank's terms and conditions for services accessed and used by Customer through the use of the Service; Provided, that Customer's use of the Service to use, access, and/or perform other Bank services or transactions automatically constitutes Customer's acceptance of and agreement to any and all terms, conditions, and provisions in effect and imposed by Bank at the time of Customer's use or performance of such services and transactions without the execution of any related documentation by Customer. Customer agrees to be bound by and to comply with any and all instructional materials or technical information relating to the use of the Service that is made available to Customer by Bank in connection with the Service, as amended from time to time. 3. Service Availability Customer acknowledges that the Service may from time to time be unavailable during periods of maintenance and testing. Customer further acknowledges and agrees that the performance and completion of Service transactions are subject to Bank's business days and hours of operation, Bank's published policies and procedures, the hours of operation of departments within Bank performing Service transactions, applicable law, the provisions ofthis Article and the General Terms, and the provisions of other Baulk customer agreements governing specific transactions to be performed under this Article—including, without limitation, any other applicable Articles in Part 2 of this Master Agreement—and Customer agrees that Bank shall not be liable for any delay in the processing or settlement of Service trinsactions resulting from the foregoing. 4. Definitions ofKev Terms. Terms not otherwise defined herein shall have the meaning ascribed to those terms in the General Terms. Unless otherwise indicated, the following terms used in this Article and/or the Service Schedule shall have the following meanings: "System Administrator" means a Customer -specified individual who serves as Bank's point of contact for issues related to the use of the Service, and who administers Customer's policies and procedures regarding the use of the Service. Through the assignment of User IDs and issuance of Security Devices, the Administrator designates the individuals who may access the Service and governs the features, functions, and accounts to which each individual User may have access: "Dual Audwrizatlon" means an optional security enhancement by which Customer requires a second System Administrator to approve all changes to users, included but not limited to new user creation, entitlement or permissions additions or changes, additions or changes in account access, and/or changes or additions of dollar limits for transactional services. "User ID" means a unique code representing one authorized user of the service. Each User ID is associated with a System Administrator -defined profile which limits the user's access to only those features, functions, and accounts (collectively, the user's "entitlements") designated by the System Administrator. "Password" means a user -selected or Bank designated code which is associated within the Service with the user's User ID. To access the Service, a user must provide his or her User ID and the exact Password associated with that specific User ID. 5. iTreasury Transfer Module. Customer acknowledges and agrees that the Treasury Transfer Module will allow Customer to transfer funds to and from all of the accounts listed in the Information Reporting Account Information section of the Service Schedule, subject to the terms, conditions, and provision of this Article and the General Terms. 6. SeourilyProcedures. In addition to, and without limiting the generality of, the security procedure provisions in the General Terms, Bank and Customer agree that certain Security Procedures described herein and in the Comprehensive User Guide shall be used in conjunction with this Service. Security Devices may be issued by the Bank to Customer for certain Services described in this Article and/orthe Service Schedule. The 28 of 29 P67 Security Devices will be provided to the System Administrator designated by the Customer or to those parties who are authorized by the Customer to receive the Security Devices from time to time. The System Administrator shall have the sole responsibility to distribute the Security Devices to appropriate parties designated by the Customer and the System Administrator will assign the Services to which such parties shall have access. The Bank will consider itself authorized to perform all transactions described in this Article and/or the Service Schedule if a transaction request is accompanied by the Customer's designated Security Devices. The Customer agrees to safeguard the Security Devices and agrees to release the Bank from liability where unauthorized access to or use of the Services oceans through the use of the Security Devices. 7. iTreasury Alerts Module. The iTreasury Alerts Module gives Customer the ability to set up messages ("Alerts') to be sou by the Service to one or more Customer designated email addresses to notify Customer of specific transactions, situations, or events. For example, Cuswmer can request an Alert to be sent when an Account has reached a certain balance or a check has been processed. Customer can customize Alerts by selecting and configuring each type of Alert. Customer acknowledges that Alerts are generated and sent through an automated process based on conditions set by Customer. Therefore, Customer is responsible for inputting accurate information when setting up Alerts, and Bank shall not be responsible for any losses, damages or expenses that may occur as a result of the improper setup of an Alert or is not processed as a result of factors beyond Bank's reasonable control. 29 of 29 P68 AMENDMENT TO REGIONS BANK MASTER TREASURY MANAGEMENT SERVICES AGREEMENT AND SERVICES ADDENDA This Amendment to Regions Bank Master Treasury Management Services Agreement (the "Amendment") is made as of the day of February, 2017 (the "Effective Date) by and between Regions Bank (the `Bank', and Indian River County, Florida ("Indian River"). WHEREAS, Indian River and the Bank have previously entered into a Master Treasury Management Services Agreement (the "Agreement"), together with the Bank's Account Terms and Conditions, and various service addenda (the "Services Addenda", and together with the Agreement, collectively referred to herein as the (the "Services Agreements"). WHEREAS, Indian River has designated various deposit accounts for services under the Agreement (collectively, the "Accounts'); WHEREAS, Indian River is an agency of Florida state government and represents and warrants to the Bank that all funds held in the Accounts are owned by Indian River and that the services obtained in connection with the Accounts (the "Services') will be obtained in connection with official government business of the county; and WHEREAS, the Bank has submitted a response to a request for proposal for the lockbox services (the "Lockbox Services") dated September 1, 2016 (the "RFP') and the parties intend for certain terms of the RFP to be incorporated as part of the Services Agreements with respect to the Services. NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Indemnification. Any indemnification contained in the Services Agreements shall be only to the extent allowed by and within the limits of liability provided by section 768.28, Florida Statutes, and shall not be deemed a waiver of sovereign immunity. 2. Term. The term of the Services Agreements shall commence on the Effective Date and continue for three (3) years. On the anniversary date of this Amendment at the end of the initial three-year term, the Services Agreement shall automatically renew for a two-year term. On the anniversary date of this Amendment at the end of the two-year renewal term, the Services Agreements shall automatically renew for a second two-year term. Such renewals shall be automatic unless either party notifies the other in writing of its intent to terminate this Amendment at least 30 days prior to the next scheduled anniversary date. If not terminated early, this Amendment and the Services Agreement shall terminate on the seventh anniversary date hereof. 1/4200695.1 P69 3. Lockbox Services. The functionality described in Addendum No. 3 to the RFP regarding Lockbox Services may only be changed upon written agreement of the parties. 4. Pricing. The pricing terms set forth in the "Complete Price List" appended to the RFP shall continue throughout the term hereof. 5. Florida Public Records Law. Any restrictions on the release of information by Customer, shall not apply to the extent that such release is required by Chapter 119, Florida Statutes, and any release of such information by Customer, as required by Florida statutes, shall not be deemed a breach of this Amendment or the Services Agreements. Customer shall provide written notice to Bank of such release, which shall be given in advance of such release whenever practicable. 6. Conflict. Except as expressly amended hereby, all terms and conditions of the Services Agreements shall remain unmodified and in full force and effect. In the event of a direct conflict between the terms of the Services Agreements and the terms of this Amendment, the terms of this Amendment shall govern and control with respect to the Services. 7. Governing Law. Except as otherwise provided herein, this Amendment shall be governed by and construed in accordance with the laws of the State of Alabama, excluding its conflict of laws rules. 8. Counterparts. This Amendment may be executed in counterparts, each of which shall be deemed an original, and all of which together constitute one and the same instrument. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the Effective Date. REGIONS BANK By: Name: Title: 0) 1/4200695.1 INDIAN RIVER COUNTY BOCC By: Name: Title: P70 A REGIONS Customer Profile for Treasury Management Services Company Name ("Client") Indian River CoumyBoard of County Commissioners Federal Taxpayer ID Contact Name Elissa Nagy Contact Telephone No Contact Email Address enagy@clerk.indian-dver.org Contact Fax Number 59-6000674 772-226-1570 Street Address 1801 27th Street City, State, Zip Vero Beach, FL 32960 Treasury Management Officer Ryan Santeufernio Relationship Manager Steve Woodell ❑ Lockbox Association ACH Alert ❑ ACM Services ❑ Automated Sweep ❑ Biller Xchange ❑ Client Image Cash Letter ❑ Commercial Check Imaging Archive ❑ Commercial Returns Requalification ❑ Controlled Disbursement ❑ EDI 822 Account Analysis Statement ❑ EDI Collections ❑ EDI Origination ❑ Electronic Check Recovery (RCK) ❑ Electronic Payment Authorization (EPA) ❑ Healthcare Remittance Processing Information Reporting uescnDe any Amendments to tasting bervioes or bervice Documents: Client, by and through its undersigned representative, (i) hereby requests Regions Bank (Bank) to provide to Client the products and services selected in Integrated Payables ❑ Integrated Receivables ® Treasury ❑ Liquidity Manager ❑ Lockbox Association la Lockbox Retail ® Lockbox Wholesale 0 Positive Pay ❑ Reconcilement Services ❑ RegionsOne ❑ Regions Quick Deposit ❑ SWIFT ❑ Vault Services © Wire Transfer ❑ Zero Balance Accounts uescnDe any Amendments to tasting bervioes or bervice Documents: Client, by and through its undersigned representative, (i) hereby requests Regions Bank (Bank) to provide to Client the products and services selected in this Customer Profile (the "Services'), (ii) acknowledges receipt of, and agrees to and accepts the terms and provisions of, Bank's Master Agreement for Treasury Management Services (including, without limitation, the ARBITRATION AND WAIVER OF JURY TRIAL provisions thereof and terms and provisions thereof relating to the right of Bank to amend Service terms and conditions), as amended (the "Master Agreement"), (iii) acknowledges receipt of, and agrees to and accepts the terms and provisions of, Bank's Service Schedule(s) and/or other applicable agreements, terms, and provisions for the Services selected in this Customer Profile, as amended (collectively, the "Service Documents'), (iv) acknowledges receipt of Bank's fee schedule(s) for the Services and agrees to timely pay Bank the fees and charges set forth therein, as adjusted and amended from time to time, (v) represents and warrants to Bank that the information provided by Client for inclusion in this Customer Profile and/or in any Service Document is true, correct, and complete in all material respects, (vi) agrees to timely notify Bank and request completion and execution of a revised Customer Profile or Service Document, as applicable, in the event any information set forth therein shall become inaccurate, incomplete, or incorrect in any material respect, and (vii) represents and warrants that the person completing and/or executing this Customer Profile has been duly authorized by Client to do so and to fully and legally bind Client to the terns, conditions, and provisions of this Customer Profile, the Master Agreement, and the Service Documents by and through the execution hereof. Client further acknowledges that other products and services provided by or accessible through Bank's Treasury Management Services may be subject to separate terms, conditions, and agreements apart from this Customer Profile, the Service Documents, or the Master Agreement and that Client may be required to execute other documentation or agreements in order to obtain such products and services. ACCEPTED BY CLIENT: ACCEPTED BY REGIONS BANK: Joseph E. Flescher Ran Santeufemio Typed Name Typed Name X X Authofiiod Cttent Signature_ _ ~ Signature Chairman Vice President True rifle Date Date Client Profile 26 (Rev. 02.2011) P71 Ij 6 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 270' Street Vero Beach, FL 32960 Telephone: (772) 226-1945 TO: Board of County Commissioners (actin as Board of Trustees of OPEB Trust) FROM: Diane Bernardo, Finance Director & THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: January 27, 2017 SUBJECT: Quarterly OPEB Trust Report for Quarter Ending 12/31/2016 Attached please find a summary report consisting of the composition and investment return of the OPEB Trust for the first quarter of this fiscal year. These funds are held in trust by our custodian BNY/Mellon. This report was reviewed by our investment advisory committee on January 26, 2017. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached Quarterly OPEB Trust Report. P72 IAdlvlty: SNORTTERM PORTION (Near -Term Olsburserman Needs) 100%Cash Equivalents 100% Fidelity Treasury Money Market ShortTeam Potion Total LONGTERM PORTION (Future Obligations) 5096 Equities 22.5% Vanguard 500 Index 20.0% Vanguard FTSE All -World 5.096 Vanguard Mid Cap Index 2.5% Vanguard Small Cap Index 50.0% 50% Equit es Subtotal 40% Fixed Debt Securldes 80.096 Vanguard Short Term Treasury 10.0% Vanguard Intermediate Treasury 40.0% 40%F6eed Debt Securities Subtotal 10% Cash Equivafents Vanguard Prime Money Market Vanguard Federal Money Market 10.0% 10% Cash Equtvatents Subtotal 100.096 Long Term Portion Total PorttolloTotal Performaum Secu ty/Grouping Sheri Term Pardon: Fidelity Treasury Money Market Indian River County Other Post Employment Benefits Trust Quarter Ended December 31, 2016 Benchmark Return Benchmark Timeframe Benchmark Index 0.00% 0.00% 3 months US GcWt Money Market Funds Avg. Long -Term Portion: 0.09% 0.00% Intome/Mk Vanguard Federal Money Market Vanguard SOD Index 4.07% 12/31116 Current 09/30/16value Purchases -1.73% to Mkt Withdrawats Transfers Value Allocation L14% 3 months Spliced Mid Cap index Vanguard Small Cap Index 6.80% 6.09% 3 months $ 3,001,455 $ 1.74% $ 35 S (8621 S (3,000.000) S 628 100.0% 53,001,455 $ S (862) $ (9,000,000) $ 628 100.0% 5,086,893 50,000 227,658 650,000 6,014,551 23.0% 43,17,800 30,000 (86,1381 60Q00D 5,061,662 19.4% 1,124,120 S - 32,172 175,000 1,931,292 11% 560,448 $ 15,ODO 42,516 75,000 692,964 1.6% S 11,289,261 S 95,000 $ 216,108 $ - S 1600,000 $ 13,300,469 50.1% 6,734,60S 272,528 (48,368) 900,000 7,858,765 30.0% 2,743,094 157,528 WAS) 300,000 2,613,613 10.0% S 8,977,699 S 430,056 S (135,377) $ - S 1.200,000 $ 10,472,378 40.0% 2,028,784 43,528 3,037 30DAM 7„375,349 %2% 206,111 156 205,267 0.8% S 2,234,895 $ 43,528 $ 3,193 $ - $ 300,00(11 $ 23,81,616 9.9% $ 22601,835 L 568,584 $ 84,024 $ $ 3000,000 $ 26,154463 1000% S 25,503,310 .L_!!5M $ 84.059 S (862) S S 26,155,491 100.0% Benchmark Return Benchmark Timeframe Benchmark Index 0.00% 0.00% 3 months US GcWt Money Market Funds Avg. Long -Term Portion: 0.09% 0.00% 3 months US Gov't Money Market Funds Avg. Vanguard Federal Money Market Vanguard SOD Index 4.07% 3.82% 3 months S&P SOD Index VanguafdFfSEAU-World -1.73% -1.03% 3months FTSE All -World ex US Vanguard Mid Cap Index 2.57% L14% 3 months Spliced Mid Cap index Vanguard Small Cap Index 6.80% 6.09% 3 months Spliced Sman Cap index Total -50% Eguities(Blended) 1.74% 1.63% 3months Vanguard ShortTemTreasury -0.65% -L18% 3months Barclays US 1-S Yr Treasury Index Vanguard Intermediate Treasury -3A7% -0.57% 3 m mths Barclays US 5-10 Yr Treasury Index Total -4096 Fixed Debt (Blended) -1.36% -L03% 3months Vanguard Prime Money Market 0.09% 0.00% 3 months US Gov't Money Market Funds Avg. Vanguard Federal Money Market 0.13% 0.00% 3 months Money Market Funds Avg. Total -10% Cash FAuivalems(Blended) 0.19% 0.00% 3months Total long -Term (Blended) 0.34% 0.10% 3 months Total Portfolio (Blended) 0.33% 0.10% 3 months V W BNY MELLON The Bank e1 New York Mellon Trust Company, N.A. INDIAN RIVER COUNTY c FINANCE DIRECTOR t, 1801 27TH STREET BLDG A m VERO BEACH, FL 329803388 W Go Paperless. Securely access your account online to view your statements. Ask your BNY Mellon contact how we can help you access your accounts, enter your own transactions or submit an audit confirmation online. Also be sure to ask how Connect(SM), our new webbased, single sign -an platform can help you go paperless. Visit us at www.bnymellon.com Account Overview Account Statement Statement Period 10/0112016 Through 12/31/2016 Account 179137 INDIAN RIVER CO OPER TRUST CLIENT SERVICE MANAGER. CLAYTON WOODARD 10161 CENTURION PARKWAY JACKSONVILLE, FL 32256 904-9984743 CLAYTON.WOODARD@BNYMELLON.COM Summary of Assets Held AssetClasal9catton Market value Cost Accruedlncome Est Annuallncome Mark Weld EQUITY 13,100.469.14 10,372,333.43 0.00 0.00 0.00% OTHER 13,053,99321 11,851,376.46 0.00 0.00 0.00% CASH AND SHORT TERM 628.18 628.18 OAO 0.00 0.00% ACCOUNT TOTALS 26,155,090.53 22,224038.07 0.00 0.00 0.00% Summary of Cash Transactions Percent of all Current Period Year -to -Date hrveshn ift AndClasWncadon Marketyatua Pdndjw 51% O EQUITY 13,100.469.14 OPENING BALANCE 49% a OTHER 13,053,993.21 -� <7% a CASH AND SHORT TERM 628.18 110,606.14 - 100% TOTAL OF ALL INVESTMENTS 26,155,090.53 INTEREST 0.00 a00 0.00 Summary of Assets Held AssetClasal9catton Market value Cost Accruedlncome Est Annuallncome Mark Weld EQUITY 13,100.469.14 10,372,333.43 0.00 0.00 0.00% OTHER 13,053,99321 11,851,376.46 0.00 0.00 0.00% CASH AND SHORT TERM 628.18 628.18 OAO 0.00 0.00% ACCOUNT TOTALS 26,155,090.53 22,224038.07 0.00 0.00 0.00% Summary of Cash Transactions CLOSING BALANCE 538,249.50 535,249.50 - 0.00 530,249.50 536".50 - The above cash transections summary Is provided for Infonnatlon purposes ony and may not reflect actual taxable Income or deducObte expenses as reportable under the Internal Revenue Code. N • W Page 1 of 10 Page 1 of 10 P74 Current Period Year -to -Date Traneacdoncategery Income Pdndjw Realized ealnen.osass Ineome Princlpaf OPENING BALANCE 409,38325 409,36325- 208,020.34 208,020.34 - DMDENDS 160,760.16 110,606.14 - 0.00 362,183.72 283.456.98 - INTEREST 0.00 a00 0.00 7,996.73 0.00 SALES AND REDEMPTIONS 21,683.70 3,379,056.84 0.00 29,737.02 13,141,811.57 OTHER CASH ADDITIONS 0.00 602,52888 0.00 7,996.73 11,970,71753 OTHER CASH DISBURSEMENTS 33.941.22- 862.60- 0.00 49,991.27- 2,504,954.73 - PURCHASES 21,61639- 3,997,000.60 - 0.00 29,693.77 - 4652,344.55 - CLOSING BALANCE 538,249.50 535,249.50 - 0.00 530,249.50 536".50 - The above cash transections summary Is provided for Infonnatlon purposes ony and may not reflect actual taxable Income or deducObte expenses as reportable under the Internal Revenue Code. N • W Page 1 of 10 Page 1 of 10 P74 10101M6 OPENING BALANCE 409,363.25 10,372,33343 0.00 BNY MELLON 2,490.91 Statement Period 10101/2016 Through 1213112016 0.00 040 179137 AccounThe 1.00000 206,285.92 Bank o1 Now York Motion Trust Com N.A. Pm+Y. 040% INDIM INDIAN RIVER COOPER TRUST 1.0DD00 206,265.82 Statement of Assets Held 235,672.930 VANGUARD INTERMEDIATE-TERM TREASURY FUND 1140000 2.613,612.78 Shama J Market Price Market Vacua Accrued hreoma 2,269,652.28 Paryatue AssetDoscr"on Avers"Cost Coat EstAnnualhroome Ma*dYteld EQUITY O.OD 0401% CUSIP4 92=6201 0.98270 290,568.120 VANGUARD FTSE ALL WORLD EX US INDEX FUND 1742000 5,081,661.88 • D.00 0.00% CUSIP 922042791 1743344 5,065,566.36 040 9.53323 29,116290 VANGUARD SW INDEX FUND 206.57000 6,014,551.20 0.00 0.00% CUSIP: 922808108 138A7693 4,031,93446 0.00 11,222480 VANGUARD SMALL-CAP INDEX FUND 61.75000 692,963.63 0.00 0.00% CUSIP' 9229DO702 38.43868 431,381.99 0.00 140000 37,062.710 VANGUARD MID-CAP INDEX FUND 3522000 1,331,29244 0.00 0.00% CUSIP: 922906643 22.76793 843,470.62 0.00 Total EQUITY 0.00 13,100,469.14 0.00 OAM 10101M6 OPENING BALANCE 409,363.25 10,372,33343 0.00 OTHER 2,490.91 0.00 0.00 040 206,266.820 VANGUARD FEDERAL MONEY MARKET FUND 1.00000 206,285.92 0.00 040% CUSIP: 922806300 1.0DD00 206,265.82 0.00 235,672.930 VANGUARD INTERMEDIATE-TERM TREASURY FUND 1140000 2.613,612.78 0.00 0A0% CUSIP: 922031802 9.63009 2,269,652.28 0.00 2,376,349460 VANGUARD PRIME MONEY MARKET FUND 140000 2,375,34946 O.OD 0401% CUSIP4 92=6201 0.98270 2,334,283.39 0.00 738,605.750 VANGUARD SHORT-TERM TREASURY FUND 10.64000 7,858,765.15 0.00 040% CUSIP: 922031703 9.53323 7.041,294.97 0.00 Total OTHER 13,053,993.21 040 0A0% 23149 SHARES 11,851,37649 0.00 CASH AND SHORT TERM 2,272.96 0.00 0.00 040 628.180 FIDELITY INVST M MKT TRSY 696 140000 WAS 0.00 0.00% CUSIP: X9USD0002 1.00000 628.18 0.00 Total CASH AND SHORT TERM 628.18 0.00 0.00% EX 10032018 PAY 10032016 628.16 0.00 ACCOUNT TOTALS 28,155,090.53 040 0.00% 192,54023 SHARES 22,224,338.07 0A0 " Total Market Value Plus Total Accrued Income 26,155,090.63 040 2,272.96 - 2,272.96 0.00 Statement of Transactions S Transaction Reached Date Transaction Description Income Principal Cost OalnsnAsses 10101M6 OPENING BALANCE 409,363.25 409,363.25 - 21,495,855.15 10103116 Divklend 2,490.91 0.00 0.00 040 VANGUARD SHORT-TERM TREASURY FUND CASH DIVIDEND DIV RATE: 0.00 EX 10032016 PAY 10032018 CUSIP 922031703 625,892.70 SHARES 101=16 Dividend 0.00 2.490.91 - 2,490.91 0.00 VANGUARD SHORT-TERM TREASURY FUND CUSIP 922031703 23149 SHARES 10103116 Dividend 2,272.96 0.00 0.00 040 VANGUARD INTERMEDIATE-TERM TREASURY FUND CASH DIVIDEND DIV RATE:.01 EX 10032018 PAY 10032016 CUSIP 922031802 192,54023 SHARES " 10!03/18 Dividend 040 2,272.96 - 2,272.96 0.00 VANGUARD INTERMEDIATE-TERM TREASURY FUND S CUSIP 922031802 0 195.10 SHARES 10103116 Dividend 040 795.58- 795.58 0.00 VANGUARD PRIME MONEY MARKET FUND S CUSIP 922908201 795.58 SHARES v 10=16 Dividend 79555 0.00 040 0.00 VANGUARD PRIME MONEY MARKET FUND CASH DIVIDEND m m m Page 2 of 10 Page 2 of 10 P75 P76 BNY MELLON Statement Period 10/01/2016 Through 1213112016 D179137 The Bank of Now York Mellon Trust CO01PenY. NJl ININDIANAN RIVER CO OPEB TRUST Statement of Transactions - Continued Thumm len Data TransoctionDeam#01en income fhindw Cost 6alnef7.050,0e Realized DIV RATE 0.00 EX 10032016 PAY 10032016 CUSIP 922906201 2,028,783.65 SHARES 10!03116 DMdend 60.18 0.00 0.00 O.OD VANGUARD FEDERAL MONEY MARKET FUND CASH DIVIDEND DIV RATE 0.00 EX 10032016 PAY 10032016 CUSIP 922906300 206010.96 SHARES 10/03/18 Dividend 0.00 50.18 - 50.18 0.00 VANGUARD FEDERAL MONEY MARKET FUND CUSIP 922906300 50.16 SHARES 10I03M6 DAILY ENDING BALANCE 414,972.88 414,872.68 - 21,501,464.78 0.00 10/04/16 Purchase 14.72- 0.00 14.72 0.00 FIDELITY INVST M MKTTRSY 696 TRADE DATE 1111 16 SETIDATE 10104/16 CUSIP XSUSD00021 14.72 SHARES 101CW16 DMdend 14.72 0.00 0.00 040 FIDELITY INVST M MKT TRSY 698 TRADE DATE 10IM16 SETIDATE 10/04/16 CUSIP X9USD00D2 14.72 SHARES 10!04118 DAILY ENDING BALANCE 414,972.88 414,972.88 - 21,601,478.50 0.00 10=16 Purchase 0.00 900,000.00 - 900,000.00 0.00 VANGUARD SHORT-TERM TREASURY FUND 1162990174343 TRADE DATE 1026118 SETIDATE 10126116 CUSIP 922031703 83,79828 SHARES 10126116 Purchase 0.00 300,000.00 - 300.000.00 0.00 VANGUARD INTERMEDIATE-TERM TREASURY FUND 1162990174729 TRADE DATE 1025116 SETIDATE 10/26/16 CUSIP 922031802 25,906.73 SHARES 1026118 Purchase 0.00 600,000.00 - 600.000.00 0.00 VANGUARD FTSE ALL WORLD EX US INDEX FUND 1162990173956 TRADE DATE 10/25116 SETIDATE 102816 CUSIP 922042791 33.860.04 SHARES 10126/16 Purchase 0.00 300.000.00 - 300,000.00 D.00 VANGUARD PRIME MONEY MARKET FUND 1162990174811 TRADE DATE 10f25116 SETIDATE 1026!18 CUSIP 922906201 300.000.00 SHARES 1026116 Purchase 0.00 650,000.00 - 650.000.00 0.00 VANGUARD 500 INDEX FUND 1182990173928 TRADE DATE 1025116 SET/DATE 1028118 CUSIP 9229081 DB e 3,281.17 SHARES 102!1116 Purchase 0.00 75,000.00- 7400D.00 0.00 m VANGUARD SMALL-CAP INDEX FUND 1182890174065 SS$ TRADE DATE 1025116 SETIDATE 1028!16 CUSIP 922908702 3 1,317.63 SHARES 1028116 Purchase 0.00 175,000.00 - 175.000.00 o.DO VANGUARD MID-CAP INDEX FUND 1162090173975 TRADE DATE 1025116 SETIDATE 1026116 " CUSIP 922908843 m Page 3 of 10 Page 30f 10 P76 BNY MELLON Statement Period 1010112016 Through 1213112016 179137 The Bank of Now York allon mh Tmet Oorpy, N.A. 1NPIAANt MRIVER CO OPES TRUST Statement of Transactions - Continued Transaction RnRwd Tran wifim Oooa"m Mcoma Principal Coat Oalnal msec 5,085.73 SHARES VANGUARD SHORT-TERM TREASURY FUND 10128118 Sale 0.00 2,810,471.58 2,810,471.58 - 0.00 FIDELITY INVST M MKT TRSY 686 TRADE DATE 10126116 SETIDATE 1026116 CUSIP X9USD0002 2,810,471.58 SHARES TRADE DATE 1027116 SETIDATE 1028116 1026116 Cash Credit 0.00 189,528.42 0.00 0.00 ORD CUST`1002000044270289 INDIAN RIVER COUNTY BOARD OF COUNT ORD INST:WEU S FARGO BANK NA 444 MRKT ST,FX OPRTNS MAC N0019 4,934.82 SHARES DETAIL -TAS 170137840MECIDGLAI11665 THE BANK OF NEW YORIACC DETAILlK 10161 CENTURION PARKWAY 0.00 JACKI8NFMLLE, FL 32266 23,000.00 IMA:201610261167033R009450 FTS:FDF161026 VANGUARD INTERMEDIATE-TERM TREASURY FUND 1267000 1026116 DAILY ENDING; BALANCE 414,972,88 4%972.60- 21,691,007.82 0.00 1028116 Purchase 0.00 53,000.00 - 53,000.00 0.00 VANGUARD SHORT-TERM TREASURY FUND 1163010083028 TRADE DATE 1027116 SETIDATE 1028116 CUSIP 922031703 4,934.82 SHARES 1028116 Purchase 0.00 23,000.00- 23,000.00 0.00 VANGUARD INTERMEDIATE-TERM TREASURY FUND 1163010083113 TRADE DATE 1027116 SETIDATE 10/28116 CUSIP 922031802 1,993.06 SHARES 1028116 Purchase 0.00 30,000.00- 30,000.00 0.00 VANGUARD FTSE ALL WORLD EX US INDEX FUND 1163010062945 TRADE DATE 1027116 SET/DATE 1028/16 CUSIP 922042791 1,705.51 SHARES 1028116 Purchase 0.00 18,528A2 - 18,528A2 0.00 VANGUARD PRIME MONEY MARKET FUND 1163010083148 TRADE DATE 10/27/16 SETIDATE 1028116 CUSIP 922906201 18,628.42 SHARES 10/26116 Purchase 0.00 50,000.00- 50,000.00 0.00 VANGUARD SOD INDEX FUND 1163010082925 TRADE DATE 10127/16 SET/DATE 1026116 CUSIP 922908108 253.56 SHARES 10126116 Purchase 0.00 15.000.00- 15,000.00 0.00 VANGUARD SMALL -CAP INDEX FUND 1163010082979 TRADE DATE 1027116 SETIDATE 1026116 CUSIP 922908702 268.33 SHARES 1028116 Sate 0.00 189,528.42 189,528A2 - 0.00 FIDELITY INVST M MKTTRSY 696 TRADE DATE 10/28116 SETIDATE 1026/16 CUSIP XBUSD0002 189,526.42 SHARES o 1028118 DAILY ENDING BALANCE 414,972.66 414.97228. 21,891,007.92 0.00 11101/16 Dhndand 0.00 4,619.12- 4,619.12 0.00 VANGUARD SHORT-TERM TREASURY FUND 3 CUSIP 922031703 430.08 SHARES 11101116 Dividend 4,619.12 0.00 aDO 0.00 VANGUARD SHORT-TERM TREASURY FUND CASH DIVIDEND DIV RATE:.01 gj Page 4 of 10 Page 4 of 10 P77 t BNY MELLON Statement Period 10/01/2016 Through 12131/2016 Awount 179137 The Bank of New York Mellon Trust Company. NA I DN WI RIVER CO OPEB TRUST Statement of Transactions - Continued Transacdon Roalued Dab Transaction Desaiptkm Income PAncipal Cost tislnsllAsses EX 10312016 PAY 11012016 CUSIP 922031703 714,857.90 SHARES 11!01!16 DhAdend VANGUARD INTERMEDIATE-TERM TREASURY FUND CASH DIVIDEND DIV RATE: .01 EX 10312016 PAY 11012016 CUSIP 922031802 220,835.14 SHARES 11/01/16 Dividend VANGUARD INTERMEDIATE-TERM TREASURY FUND CUSIP 922031802 247.60 SHARES 11/01/16 Dividend VANGUARD PRIME MONEY MARKET FUND CUSIP 922806201 1,065.92 SHARES 11/01116 Dividend VANGUARD PRIME MONEY MARKET FUND CASH DIVIDEND DIV RATE: 0.00 EX 10312016 PAY 11012016 CUSIP 922906201 2,348,107.65 SHARES 11/01/16 Dividend VANGUARD FEDERAL MONEY MARKET FUND CUSIP 922806300 SL69SHARES 11/01/16 Dividend VANGUARD FEDERAL MONEY MARKET FUND CASH DIVIDEND DIV RATE: 0.00 EX 10312016 PAY 11012016 CUSIP 922906300 208,161.14 SHARES 11101MS DAILY ENDING BALANCE 11/02/16 Purchase FIDELITY INVST M MKT TRSY 696 TRADE DATE 1102116 SETIDATE 11/D2fl6 CUSIP X9USDOD021 20.64 SHARES 11/02/16 Dividend FIDELITY INVST M MKT TRSY 696 TRADE DATE 111=6 SETIDATE 11=16 CUSIP X9USD0002 20.64 SHARES 11102/t6 DAILY ENDING BALANCE 2,859.79 0.00 0.00 2.859.79 - 0.00 1,066.92- 1.066.92 ,066.92-1.066.92 0.00 0.00 62.69 - 52.69 0.00 423,671.40 20.64- 20.64 0.64-20.64 423,571 AO 0.00 0.00 2,859.79 0.00 1,066.92 0.00 0.00 0.00 62.69 0.013 0.00 0.00 425,571.40 - 21,699,601.44 0.00 0.00 20.64 0.00 0.00 moo DAD 423,571.40 - 21,699,627.06 0.00 11!23/16 Purchase 0.00 189,528.42 - 189,528.42 O.OD FIDELITY INVST M MKT TRSY 696 TRADE DATE 1U23116 SETIDATE 11/23!16 CUSIP X9USD0002 189,526A2 SHARES 11123/16 Cash Credit OAO 169,528A2 0.00 0.00 ORD CUST:AMOOOD44270289 INDIAN RIVER COUNTY BOARD OF COUNT ORD INST:WELLS FARGO BANK NA 444 MRKT ST^ OPRTNS MAC N0019 m DETAJUTAS 179137840WIECMI-Al1156S THE 8 BANK OF NEW YOR/ACC DETAIL:/K 10161 CENTURION PARKWAY JACKIBNFMLL E, FL 32256 3 IMA2D16112311B7031R005507 FTS:FDF161123 0643100 11123116 DAILY ENDING BALANCE 473,571.40 423,671.40 - 21,889,155.60 0.00 11/25116 Purchase 0.00 89,528.42 - 8%M8A2 0.00 .. VANGUARD SHORT-TERM TREASURY FUND a SR Page 5 of 10 Page 5 of 10 P78 :a BNY MELLON Statement Period 1010112016 Through 1213112016 Account 179137 The Bart* of New York Mellon Trued Company. NJ1 INDIAN RIVER CO OPEB TRUST Statement of Transactions - Continued Trwucd n Dote TMnwcthm DeswWm Income Pdndpel Ooet Q,a10e11. 1163280228032 TRADE DATE 11123116 SET/DATE 11!25116 CUSIP 922031703 8,390.68 SHARES 11/25/16 Purchase 0.00 75,000.00 - 75,000.00 0.00 VANGUARD INTERMEDIATE-TERM TREASURY FUND 1163280228419 TRADE DATE 111=6 SETIDATE 11/25/16 CUSIP 922031802 8,672.59 SHARES 11W16 Purchase 0.00 25,000.00 - 25,000.00 0.00 VANGUARD PRIME MONEY MARKET FUND 1163280229165 TRADE DATE 11123116 SETIDATE 11!25118 CUSIP 922906201 25,000.00 SHARES 11125/16 Safe 0.00 189,528.42 189,528.42 - 0.00 FIDELITY INVST M MKT TRSY 696 TRADE DATE 11125/16 SET/DATE 11/25/16 CUSIP X9USD0002 189,528.42 SHARES 11125116 DAILY ENDING BALANCE 423,571.40 423,571 AO • 21,869,165.50 0.00 12/01/16 Dividend 0.00 5,522.10 - 6,522.10 0.00 VANGUARD SHORT-TERM TREASURY FUND CUSIP 922031703 517.53 SHARES 12/01/16 Dividend 5,522.10 0.00 0.00 0.00 VANGUARD SHORT-TERM TREASURY FUND CASH DIVIDEND DIV RATE: A7 EX 12012016 PAY 12012016 CUSIP 922031703 723,678.56 SHARES 12101/16 Dividend OAO 3.082.26- 3,062.26 0.00 VANGUARD INTERMEDIATE-TERM TREASURY FUND CUSIP 922031802 274.46 SHARES 12/01/16 Dividend -,082.26 0.00 OAO 0.00 VANGUARD INTERMEDIATE-TERM TREASURY FUND CASH DIVIDEND DIVRATE:.01 EX 12012016 PAY 12012016 CUSIP 922031802 227,555.34 SHARES 12/01/16 Dividend 1,174.89 0.00 D.00 0.00 VANGUARD PRIME MONEY MARKET FUND CASH DIVIDEND DIV RATE. 0.00 EX 12012016 PAY 12012016 CUSIP 922906201 2,374,174.57 SHARES 12/01/16 Dividend O.OD 1,174.89• 1,174.89 0.00 VANGUARD PRIME MONEY MARKET FUND GUSIP 922906201 1,174.89 SHARES 1201/16 Dividend 0.00 51.99- 61.99 0.00 VANGUARD FEDERAL MONEY MARKET FUND n CUSIP 922906300 51.99 SHARES ro 12/01/16 DNvfdend 51.99 0.00 0.00 0.00 Q VANGUARD FEDERAL MONEY MARKET FUND CASH DIVIDEND DIV RATE: 0.00 g EX 12012016 PAY 12012016 CUSIP 922806300 206,213.83 SHARES 12101116 DAILY ENDING BALANCE 433,402.64 433,40244 - 21,898,986.74 0.00 u 12/07!16 Purchase 026- 0.00 0.26 0.00 53 Page 6 of 10 Page Sof 10 P79 12/27/16 Purchase 0.01) 2101.05- 21,581 A5 0.00 O VANGUARD SHORT-TERM TREASURY FUND TRADE DATE 12J27116,SETIDATE 12127116 SSS$ CUSIP 922031703 BNY MELLON 9 17/27/16 Purchase 0.00 1.448.39- 1.448.39 0.00 VANGUARD SHORT-TERM TREASURY FUND Statement Period 1010112016 Through 1213112016 $ CUSIP 922031703 Account 179137 - a The Bank of New Yodc Mellon Ttuat Company, NA OAO 14,831.72- 14,831.72 0.00 m m m INDIAN RIVER CO OPER TRUST Statement of Transactions - Continued Transaenon R"lized Date TransacdanDesalptlon Income Prindpal Coat GainslLeasea FIDELITY INVST M MKT TRSY 696 TRADE DATE 12/07/16 SET/DATE 12102116 CUSIP X9USD00021 026SHARES 12107116 Dividend M26 0.00 0.00 0.00 FIDELITY INVST M MKT TRSY 696 TRADE DATE 17/07/16 SETIDATE 12102116 CUSIP X9USD0002 026SHARES 12(02!16 DAILY ENDING BALANCE 433,402.64 433,402.64 - .21,898,987.00 0.00 17120V16 Dividend 0.00 40,353AS - 40,353AS Q.00 VANGUARD FTSEALL WORLD EX US INDEX FUND CUSIP 922042791 2,327.18 SHARES 12120116 DMdend 40,353A5 0.00 0.00 0.00 VANGUARD FTSE ALL WORLD EX US INDEX FUND CASH DIVIDEND DIVRATE .14 EX 12202016 PAY 12202016 CUSIP 922042791 288,238.93 SHARES 12120/16 DAILY ENDING BALANCE 473,766.09 473,756.09 - 21,939,340AS 0.00 12/27116 DMdend 36,293.96 0.00 0.00 0.00 VANGUARD 500 INDEX FUND - CASH DIVIDEND DIV RATE 1.25 EX 12222016 PAY 12222016 CUSIP 922908108 28,942.54 SHARES 12/22/16 Dividend 0.00 36,29326- 36,293.96 0.00 VANGUARD 500 INDEX FUND CUSIP 922908108 173.73 SHARES 12122!16 Dividend 0.00 3.794.86- 3,794.86 0.00 VANGUARD SMALL-CAP INDEX FUND CUSIP 922908702 60.71 SHARES 12122/16 Dividend 3,794.86 0.00 0.00 OAO VANGUARD SMALL-CAP INDEX FUND CASH DIVIDEND DIV RATE..34 EX 12222016 PAY 12222016 CUSIP 922908702 11,161.36 SHARES 12PMIS DMdend 6,124.48 0.00 OAO 0.00 VANGUARD MID-CAP INDEX FUND CASH DIVIDEND DIVRATE .17 EX 12222016 PAY 12222016 CUSIP 922908843 36, MAS SHARES 12127!16 Dividend 0.00 6.124A8 - 6.124.48 0.00 VANGUARD MID-CAP INDEX FUND CUSIP 922WO843 16825 SHARES 1222116 DAILY ENDING BALANCE 519,989.39 519,969.39 - 21,968,863.78 0.00 e 12/27/16 Purchase 0.01) 2101.05- 21,581 A5 0.00 O VANGUARD SHORT-TERM TREASURY FUND TRADE DATE 12J27116,SETIDATE 12127116 SSS$ CUSIP 922031703 2,032.11 SHARES 9 17/27/16 Purchase 0.00 1.448.39- 1.448.39 0.00 VANGUARD SHORT-TERM TREASURY FUND TRADE DATE 12!27116 SETIDATE 12127/16 $ CUSIP 922031703 136.38 SHARES a 1227116 Purchase OAO 14,831.72- 14,831.72 0.00 m m m Page 7 of 10 Page 7 of 10 P80 1228/16 Purchase 0.00 188,768.57 - 188,76857 0.00 BNY MELLON Statement Period 1010112016 Through 121312016 Account 179137 The Bank of Nor York Mellon Trust Oompeny. NA INDIAN RIVER 00 QPrEBMILIST Statement of Transactions - Continued 188,76&57 SHARES Tranaao6on e 1228116 Sale 0.00 Roslired Data Trammuen Deser4mon Income Plladpal Coat GainalLosaaa VANGUARD INTERMEDIATE-TERM TREASURY FUND 4, TRADE DATE 1228116 SET/DATE 1228/16 TRADE DATE 1227/18 SETIDATE 12127/16 8 CUSIP XDUSD0002 CUSIP 922031802 862.60 SHARES 1,344.67 SHARES 1228116 Sate 21,683.70 0.00 1227116 Purchase 0.00 12,25724- 12,257.24 0.00 VANGUARD INTERMEDIATE-TERM TREASURY FUND TRADE DATE 1228116 SETIDATE 12128116 TRADE DATE 12MI16 SETIDATE 1227/16 � CUSP XOUSDOD021 CUSIP 922031802 21,683.70 SHARES 1,111.28 SHARES 1226116 Cash Credit 0.00 189,526 A2 1227116 Purche3e 0.00 028- 0.28 0.00 FIDELITY INVST M MKT TRSY 696 9j in m TRADE DATE 1227116 SET/DATE 12127/16 CUSIP XOUSD0002 028 SHARES 1227/16 Purchase 21.680.77- 0.00 21.580.77 0.00 FIDELITY INVST M MKTTRSY 696 TRADE DATE 1227/16 SET/DATE 12/27/18 CUSIP X9USD00021 21,580.77 SHARES 1227/16 DWend 1,448.39 0.00 0.00 0.00 VANGUARD SHORT-TERM TREASURY FUND CASH FOR DRIP CASH FOR DRIP TRADE DATE 1227116 SET/DATE 1227116 CUSIP 922031703 1,448.39 SHARES 1227118 Dividend 21,681.05 0.00 0.00 0.00 VANGUARD SHORT-TERM TREASURY FUND CASH FOR DRIP CASH FOR DRIP TRADE DATE 1227116 SETJDATE 122716 CUSIP 922031703 21.581.05 SHARES 1227118 DIvidend 12,257.24 0.00 0.00 0.D0 VANGUARD INTERMEDIATE-TERM TREASURY FUND GASH FOR DRIP CASH FOR DRIP TRADE DATE 1227116 SETIDATE 1227116 CUSIP 922031802 12,257.24 SHARES 1227116 DNWwW 14,831.72 0.00 0100 0.00 VANGUARD INTERMEDIATE-TERM TREASURY FUND CASH FOR DRIP CASH FOR DRIP TRADE DATE 1227116 SET/DATE 12127116 CUSIP 922091802 14,831.72 SHARES 12127116 Cash Credit 0.00 12.Z57.52 OAO 0.00 TRANSFER FROM INCOME TO PRINCIPAL 1227116 Cash Debit 12,257.52- 0.00 0d0 0.00 TRANSFER FROM INCOME TO PRINCIPAL 12/27116 DAILY ENDING BALANCE 536,249.50 557,83055 - 22,057,253.20 0.00 1228/16 Purchase 0.00 188,768.57 - 188,76857 0.00 FIDELITY INVST M MKT TRSY 696 TRADE DATE 12/28/16 SET/DATE 1228116 CUSIP X9USD0002 188,76&57 SHARES e 1228116 Sale 0.00 862.60 68250 - 0.00 FIDELITY INVST M MKT TRSY 696 4, TRADE DATE 1228116 SET/DATE 1228/16 8 CUSIP XDUSD0002 862.60 SHARES 1228116 Sate 21,683.70 0.00 21.683.70- 0.00 8 FIDELITY 1NVST M MKT TRSY ON TRADE DATE 1228116 SETIDATE 12128116 � CUSP XOUSDOD021 21,683.70 SHARES 1226116 Cash Credit 0.00 189,526 A2 0.00 0.00 ORD CUST:/002000044270289INDIAN RIVER 9j in m Page Sof 10 Page a of 10 P81 s 1 1111 BNY MELLON Statement Period 10/0112016 Through 12!3112016 The Bank of Now York Merlon Trust Company, N.A Account 179137 INDIAN RIVER CO OPER TRUST Statement of Transactions - Continued Transaeden Realized Date Transaction Description Imams Principal Cost asima.eeses COUNTY BOARD OF COUNT 130,000 AO - 130,000.00 0.00 ORD INST.WELLS FARGO BANK MA444 MRKT ST,FX OPRTNS MAC N0019 DETAIL•TAS 1791378400/REC/DGLA11ISM THE BANK OF NEW YOR/ACC DETAILJK 10181 CENTURION PARKWAY JACKIBNF/VILL E, FL 92266 59.5WA2 - 59,528.42 0.00 IMA4201612281187032R00S779 FTS:FDF161228 0678400 12128!16 Cash Credit 0.00 21,683.70 MAO 0.00 TRANSFER FROM INCOME TO PRINCIPAL 122886 Cash Debit 21.683.70- 0.00 0.00 0.00 TRANSFER FROM INCOME TO PRINCIPAL 188,66522 188,665.92 - 0.00 12/28116 Cash Debit 0.00 862.50- 0.00 0.00 BANK OF NEW YORK MELLON 021000018 INDIAN RIVER CO OPEB TRUST CAS/8901245259 REP PAYMENT FORADMIN BILLING FEE SEP 1 538,249.50 - 22,224,336.07 0.00 TO NOV 30,2016 536,249.50 - 22,224,338.07 0.00 INVOICE 252-1988670 ACCT INDIANREVOPB 12128116 DAILY ENDING BALANCE 536,249.50 535,387.00 - 22,223,475.57 0.00 12129/16 Purchase 0.00 130,000 AO - 130,000.00 0.00 VANGUARD SHORT-TERM TREASURY FUND 1163830208008 TRADE DATE 11228116 SEUDATE 12129!18 CUSIP 922031703 12,241.05 SHARES 12/29/16 Purchase 0.00 59.5WA2 - 59,528.42 0.00 VANGUARD INTERMEDIATE-TERM TREASURY FUND 1163830206451 TRADE DATE 1228116 SEVDATE 12MIG CUSIP 922031802 5,387.18 SNARES 1229118 Sale 0.00 188,66522 188,665.92 - 0.00 FIDELITY INVST M MKT TRSY 696 TRADE DATE 1228116 SET/DATE 1229116 CUSIP X9USD0002 188,665.92 SHARES 12/26116 DAILY ENDING BALANCE 536,249.50 538,249.50 - 22,224,336.07 0.00 12131/16 CLOSING BALANCE 536,249,50 536,249.50 - 22,224,338.07 0.00 Cumulative realized capital gala and loss position from 12/312015 for securities held In principal of account: ShortTenn: 0.00' Long Term: 0.00 • The above gain and loss position does not Include transactions where tax cost Information Is Incomplete or unavailable. Cash and securities set forth on this Account Statement are held by The Bank of New York Mellon, an affiliate of The Bank of New York Mellon Trust Company, NA In addition, The Bank of New York Mellon Trust Company, NA may utilize subsidiaries and affiliates to provide services and certain products to the AccounL Subsidiaries and affiliates maybe compensated for their services and product. The value of securities set forth an this Account Statement are obtained by The Bank of Now York Melton Trust Company, NA, from Its affiliate, The Bank of New York Mellon which g determines such values for Corporate Trust on the basis of market prices and information obtained by The Bank of New York Mellon from una1611ated third parties (Including 8 Independent pricing vendors) ('third party pricing services". The Bank of New Yak Mellon has riot verified such market values or infannatlon and makes no assurances as to the accuracy or correctness of such market values or Information or that the market values set forth on this Account Statement reflect the value offt securities that can be realized 3 upon the safe of such securities, In addition, the market values for the securities set forth in this Account Statement may ddferfrom the market prices and Information for the same securities used by other business units of The Bank of New York Melton Trust Company, NA., The Bank of New York Mellon or their respective subsidiaries or affillates based upon market prices and information received from other ihW party pricing services utilized by such other business units. Corporate Trust does not compare its market values with those used by, or reconcile different market values used by, other business units of The Bank of Now York Mellon Trust Company, NA, The Bank of New York Mellon or their respective subsidiaries or affillates. Neither The Bank of New York Mellon Trust Company, NA nor The Bank of New Yak Melton shall be liable for any loss, damage or expense Incurred as a result of or arising from or related to the market values or Information provided by third party pricing services or the differences in market prices or Information provided by other third party pricing services. Page 9 of 10 Page Sof 10 P82 r Page 10 of 10 This Page Intensionally Blank Page 10 of 10 P83 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 276 Street Vero Beach, FL 32960 Telephone: (772) 226-1945 coropTl, 0 v � A r •yn J` l TO: Board of County Commissioners FROM: Diane Bernardo, Finance Director THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: January 27, 2017 SUBJECT: Quarterly Investment Report for Quarter Ending 12/31/2016 BACKGROUND Attached to this memorandum is the composition of the investment portfolio and investment earnings for the first quarter of this fiscal year. This report was reviewed by our investment advisory committee on January 26, 2017. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached Quarterly Investment Report. P84 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 180127" Street Vero Beach, FL 32960 Telephone: (772) 226-1945 Indian River County Investment Advisory Committee Quarterly Investment Report October 1, 2016 through December 31, 2016 INVESTMENT POLICY In accordance with Section 218.415, Florida Statutes, the Board of County Commissioners adopted an Investment Policy to govern the investment of county funds by the Clerk of the Circuit Court. The Policy states the primary objectives of investment activities are to preserve capital and to provide sufficient liquidity to meet the cash flow needs of the county. Investment returns are secondary to the requirements for safety and liquidity. INVESTMENT ADVISORY COMMITTEE An Investment Advisory Committee meets quarterly to review the previous quarter's investment activities, evaluate current and future liquidity needs, recommend investment strategies. The Committee consists of the Clerk of the Circuit Court, Finance Director, Internal Auditor, Budget Director, and three qualified citizens with investment or financial management expertise. The individuals who have agreed to serve are: David W. Griffis, Senior Vice President with Northern Trust Bank of Florida; Ted Libby, Senior Portfolio Manager with Cypress Capital Group; Andy Beindorf, Market President of National Bank of Commerce. AUTHORIZED INVESTMENTS As permitted by the Investment Policy, funds were invested only in the following types of investments: Federal Farm Credit Banks bonds and discount notes (FFCB), Federal Home Loan Banks bonds and discount notes (FHLB), Federal Home Loan Mortgage Corporation bonds and discount notes (FHLMC), Federal National Mortgage Association bonds and discount notes (FNMA), Treasury Notes and Bills, Florida Local Government Investment Trust (FLGIT), Other intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Act as provided in F.S. 163.0 1, Certificates of Deposit (CDs), Money Market Funds, Repurchase Agreements. BOND PROCEEDS INVESTMENT The current bond reserve is placed with Bank of New York/Mellon and is currently invested in treasury notes. P85 I INVESTMENT ACTIVITY I As of December 31, 2016 the investments portfolio book value was $363,983,963 with a market value $364,020,000. Of the $363,983,963, portfolio total, $308,076,562 is restricted for the following purposes: $ 74,510,265 Special revenue projects $ 7,059,322 Debt payments .for county bonds $ 73,403,319 Capital projects $ 148,821,165 Business -type activities $ 4,282,491 Escrow Funds $ 308,076,562 TOTAL RESTRICTED CASH BY FUND TYPE (PERCENTAGES) The weighted average maturity of the investments as of December 31, 2016 is 12 months. Yields on the individual investments ranged from 0.45% to 1.125%. The overall average yield for the quarter was 0.62%. Information on investment activity, total cash flows, interest earnings, and charts providing additional information regarding the investment of surplus funds such as the portfolio composition and maturity distribution are attached. The attached schedules list the portfolio composition and activity for the quarter ending December 31, 2016: Schedule 1 Special Escrow Revenue 2% 24% Schedule 4 Debt Schedule 5 Service Schedule 6 2% Business- Capital Type Projects 48% 24% The weighted average maturity of the investments as of December 31, 2016 is 12 months. Yields on the individual investments ranged from 0.45% to 1.125%. The overall average yield for the quarter was 0.62%. Information on investment activity, total cash flows, interest earnings, and charts providing additional information regarding the investment of surplus funds such as the portfolio composition and maturity distribution are attached. The attached schedules list the portfolio composition and activity for the quarter ending December 31, 2016: Schedule 1 Portfolio sorted by type of debt instrument Schedule 2 Portfolio sorted by maturity date Schedule 3 Portfolio by maturity date bar graph Schedule 4 Portfolio by type pie chart Schedule 5 Investment purchases, calls and maturities for the quarter Schedule 6 Summary of cash flows and balances by month Schedule 7 Interest earnings summary Schedule 8 Allocation of investments by fund types (unrestricted and restricted balances) P86 Schedule 1 Indian River County, Florida Board of County Commissioners Investments By Type December,31, 2016 1of2 P87 12/31/16 CouPMV Purchase Maturity Years To Yield To Original Portfolio Investment Tm CUSIP Yleld Date Date maturity Mahnity Par Amount Book Value % FFCB Callable 3233EFKMB 0.710% IO/20/IS 10/20/17 0.80 0.710% $ 2,0001000.00 S 2,000,000.00 FFCB Bunet 3133EFZR19 0.800% 02/12/16 02/12/18 1.12 0.800% $ $000oD0.0o S 2,000,000.00 FFCB Callable 3133EFMU8 095096 02/11/16 05/02/18 1.33 0950% $ 2,000000.00 $ 2,000.00.00 FFCB Callable 3133EGUXI 0940% 09/20/16 06/20/18 1A7 0.940% $ 2,000,000.00 $ 2,000,000.00 FFCB-1XCall 3133EGMQS 0.880% 07/18/16 07/18/18 1.55 0.880% $ 2,00000040 S 2,000,000.00 FFCB Callable 3133EGTHB 1.030% 09/06/16 09/06/18 L68 1.030% $ 2,000000.00 $ 2,0001000.00 FFCB Callable 3133EGFX8 LOW% 06/20/16 09/20/18 L72 LOM% $ 2,000,000.00 $ 2,=,ODD.00 FFCB Callable 3233EGA70 0970% 11/01/16 11/01/18 1.84 0970% $ 2,000,000.00 $ 21000000.00 $ 16,000,000.00 $ 16,000,000.00 4.46% FHLB DISC 31339SCG93 0.63096 03/02/16 02/24/17 0.15 Ohm% $ 3,000000.00 $ 2,981,152.50 FHLB DISC 313395FISI 0.640% 05/18/16 05/11/17 0.36 0.644% $ 11700000.00 S 1AS9,18DA4 FHLB Disc 31338SITY5 0.600% 07/13/16 07/10/17 0.52 0.60496 $ 2,00000.00 $ 1,987,933.33 FHLB Disc 313385JN7 0.540% 09/01/16 07/24/17 OS6 0.547% S 2ACOAM.0 $ 1,99D,220.00 FHLB Bullet 313OA8ri9 0.625% 08/08/16 08/08/17 0.60 0.625% $ 3,00,00.00 $ 3AD0,01).0 FHLB Disc 32338SKL9 0520% 08/18/16 08/15/17 0.62 0.529% $ 3,000,000.00 S 2,984,313.33 FHLB Bullet 313OA6LT8 0.625% 01/20/16 10/26/17 0.82 DAM $ 2,00000.00 $ 1,991,780.00 FHLB Disc 32338SNY80 0.700% 11/30/16 11/07/17 0.85 0.705% $ 3100,000.0 $ 2,980,OSD.00 FHLB Bullet 313OA70Xl 0.875% 12/09/16 03/19/18 1.21 1.00096 $ 3,000,00.00 $ 2,995,284.00 FHLB Callable 3130A7DB8 1.000% 02/26/16 06/04/18 1.42 1.000% $ 3,0001000.00 $ 3AOO,DOO.DO FHLB Callable 313OA&PZ0 001" 07/12/16 07/12/18 153 0.840% $ 2,000,000.00 $ 2,000,000.00 FHLB Bullet 3130ASPK3 0.625% 07/14/16 08/07/18 1.60 0.770% $ 2,000,000.00 $ 1,994,00.00 FHLB Callable 313OA9C90 LOSD% 09/28/26 09/28/18 1.74 L05D% $ 3,00,000.00 $ 3AW BDOAO FHLB Bullet 3230MAEI 0.875% 12/12/16 10/01/18 1.75 1.142% $ 310001000.00 S 2,985,750.00 FHLB Callable 313OMNHO LOOD% 10/11/16 10/11/18 1.78 L000% $ 2,000,000.00 $ 2,000,000.00 S 37,700,000.00 $ 37579,663.60 10.47% FHLMC Disc 313397BS9 0.525% 07!22/16 02/10/17 0.11 0.526% S 2.00,00.00 $ 1,989,675.00 FHLMC Disc 313397CT6 0.550% 03/14/16 03/07/17 0.18 0.662% $ 2,000,000.00 S 1,987,072.22 FHLMC Disc 313397DLZ 0.570% 03/28/16 03/24/17 023 0.573% S 3,000,000.00 $ 2,982ASLSO FHLMC Disc 313397GA3 0.645% 0/31/16 05/25/17 BAD 0.649% $ 3AWODD.0 $ 2,980,703.75 FHLMC Disc 3133976116 OASO% 06/29/16 06/09/17 0.44 OA5Z% $ 2,00,0D0.0 $ 1,991,375.0' FHLMCDisc 313397HFI5 DAM 07/27/16 07/03/17 OSO 0.583% $ 3,000000.00 $ 2,983,518.33 FHLMC-2X Call 3134G62Q5 DAM 05/29/15 08/25/17 0.65 0.850% S 2,000000.0 $ 2,000,000.00 FHLMC-IXCall 313467WZD 0.90096 09/15/15 09/15/17 0.71 0.900% $ 2,000,000.00 $ 2AW000AO FHLMC Disc 333397PF2 0.690% 12/12/16 11/14/17 0.87 0.690% $ 3100000.00 $ 2,980,622.49 FHLMC Bullet 3137EADN69 0750% 03/02/16 01/12/18 IM 0.886% $ 3,000,000.00 S 2,992,500.00 FHLMC Callable 3137EADP1 0.875% 03/17/16 03/07/18 1.18 0.875% $ 2,00,00.00 $ 1,994,3601X9 FHLMC Bullet 3137EAM 0.750% 05/17/16 04/09/18 1.27 0.868% $ 3,0000.00 $ 2,993,619.00 FHLMC Callable 3134G8XH7 2.000% 12/12/16 04/27/18 1.32 1.026% $ 3,000,00.00 $ 2,998,950.0 FHLMCCallable 323469JDO 1.000% 05/11/16 05/11/18 1.36 1.000% S 2,000,000.00 $ 2,000,000.00 FHLMCCallable 313469KUO L000% 06/02/16 05/25/18 L40 1.000% $ 3,000,000.00 $ 2,997,60000 FHLMCCallable 3134GAGMO L040% 32/12/16 08/24/18 L65 1.040% $ 3,000000.00 $ 3,000000.00 FHLMCCallable 3134GADR2 LM(106 08/30/16 08/28/18 L66 1.010% $ 2,000,000.00 S 2,000.000.00 FHLMCCallable 3134GAVW1 3.O5D% 12/28/16 11/07/18 IM 1285% $ 3,00%1=40 $ 2,987,100.00 S 46=,OD0.00 $ 45,859,968.29 12.77Ma FNMA Disc 3135B9DWOS 0.520% 05/04/16 04/03/17 0.25 0.523% $ 2,000000.00 $ 1,990,351.11 FNMA Disc 313599ED15 0.520% 05/04/16 04/10/17 0.27 0S23% $ 2,000000.00 $ 1,990,148.89 FNMA Disc 313589F9S 0.660% 05/31/16 05/18/17 0.38 0.664% $ 3,000,000.00 $ 200,640.01 FNMA Disc 313589HE6 0.500% 07/08/16 06/22/17 0.47 0302% $ 3,000,000.00 $ 205RSB.34 FNMA Disc 313589JFI 0550% 09/01/16 07/17/17 0.54 OSS3% S 2,000000.00 S 1,990252.78 FNMA Disc 313589LH4 0.610% 10/27/16 09/05/17 0.68 0.613% $ 2,000000.00 $ 1.989,392.78 FNMA DISC 313589MABB 0.620% 11/01/16 09/22/17 0.73 0.623% $ 3,0000.00 $ 2,983,208.33 FNMA Disc 313589MU4 0.640% 11/08/16 10/10/17 0.78 0.644% S 3,00000.00 $ 2,982,OBO.01 FNMA Bullet 313560768 0.875% 01/20/16 02/08/18 1.11 0917% $ 2,000,000.00 $ 1,997,600.00 $ 22,010.000.00 $ 21,889,332.25 6.10% Treasury Nate 912828874 0.625% 12/04/14 02/15/17 0.13 0.650% $ 3,00000.00 $ 2,997,65625 Treasury Note 912818135 0.500% 11/05115 02/28/17 0.16 0.619% $ 2,00000.00 $ 1,9961875.00 Treasury Note 912828135 0-%D% 09/16/15 02/28/17 0.16 0.636% $ 3,01,00.0 $ 2,994,120.00 Treasury Note 91282902 0.750% 11/30/15 03/15/17 0.20 D.750% $ 2,0001000.00 $ 2,000,000.00 Treasury Note 91282SJ92 OSOD% 11/05/15 03/31/17 0.25 0.623% $ 3,00,00.00 $ 2994,643.75 Treasury Note 912828192 OS00% 04/30/15 03/33/27 0.25 Os74% $ Z,000,o00A0 $ 1,997,18750 Treasury Note 912828073 0.875% 12/16/15 04/15/37 0.29 0983% $ 2,OM,00.0 $ 1, 9,780.00 Treasury Note 93282SK66 OS00% 11/30/15 04/30/17 0.33 0.766% $ 2,000000.00 $ 1,992„500.00 1of2 P87 Schedule 1 Indian River County, Florida Board of County Commissioners Investments By Type December3l, 2016 Restricted Cash -Bond Covenants (held by BNY/M91Ion) Fidelity institutional Treasury Money Market-Utaillas Debt Service, Reserve $044.61 Treasury Nota 912826X)4 0.625% 0=0116 06130117 0.50 0.668% $1,600,00040 $1.599,744.00 Treasury Note 912828893 0.625% 06/30/16 013/30/18 1.50 0.745% $1,48%00040 $1,470,690.80 12131/16 1.92 1.085% $1,03%00040 51,026,704.00 Total Restricted Cash - adjusted for fair market value Coupon/ Purchase Maturity Years To Yield To Original Portfolio Investment Type CUSIP Yield Date Date Maturity Maturity Par Amount Book Value % Treasury Note 912BUK66 0.500% 04/30/15 04/30/17 0.33 0S94% $ 3,000,00040 $ 2,994,375.00 Treasury Note 912828SY7 0.625% 11/30/15 05/31/17 0.41 0.793% $ 2,000,000.00 $ 11995,000.00 Treasury Note 912829SY7 0.625% 09/02/15 05/31/17 OAS 0.657% $ 3,000,000.00 $ 2,998,350.00 Treasury Note 912828WP1 0.875% 32/16/35 06/35/17 OAS 0916% $ 2,000,000.00 $ 1,998,82000 Treasury Note 91282BX14 0.625% 12/09/16 06/30/17 0.50 0.625% $ 2400,000.00 $ 2,000,000.00 Treasury Note 912828X14 0.625% 11/30/1S 06/30/17 O.SO 0.840% $ 2,000,00040 $ 1,994,062SO Treasury Note 912828X14 0.62S% 09/02/15 06/30/17 0.50 0.668% $ 3,000,000.00 $ 2,997,630.00 Treasury Note 912828765 0S00% 01/20/IS 07/31/17 OS8 0.678% S 31000,000.00 $ 2,986,640.63 Treasury Note 912828TM2 0.625% 08/14/15 08/31/17 0.67 0.770% $ 2,000,000.00 $ 1,994,160.00 Treasury Note 912828TM2 0.625% 01/40/15 08/31/17 0.67 0.710% $ 3,000,00D40 $ 2,993,437S0 Treasury Note 912828759 0.625% 04/29/16 09/30/17 0.75 0.662% $ 2,000,000.00 $ 1,998,980.00 Treasury Nate 912828759 0.625% 09/16/15 09/30/17 0.75 0.819% $ 3,000,000.00 $ 2,988,281.2S Treasury Note 912828FS4 0.875% 11/30/15 10/15/17 0.79 0.894% $ 3,000,000.00 $ 2,999,531.25 Treasury Note 912828TWO 0.75D% 11%18!36 10/31/17 0.83 0.766% $ 3,00,000.00 $ 2,999,531.2S Treasury Note 912USP20 0.750% 11/18/16 01/31/18 1.08 044 $ 3,000,000.00 $ 2496,430.00 Treasury Note 912828UR9 0.750% 03/31/16 02/28/18 1.16 0.750% $ 2 000,000.00 $ 2,000,000.00 Treasury Note 912828UR9 0.750% 12/04/15 02/28/18 1.16 L004% $ 3,000,000.00 $ 2,983,140.00 Treasury Note 912628168 LODO% 12/04/1S 03/15/18 1.20 IAS6% S 3,000,00040 $ 2,996,250.00 Treasury Note 912828UU2 0.750% 03/31/16 03/31/18 1.25 0.752% $ 2,000,000.00 S 11999190040 Treasury Note 91282BUU2 0.750% 12/04/SS 03/31/18 1.25 L051% $ 3,000,00040 $ 2,979,390.00 TreasuryNote 912828M 0.750% 12/07/15 04/35/18 1.29 L071% $ 3,000,000.00 S 2,977,710.00 Treasury Note 91282BUZZ 0.62S% 03/31/16 04/30/28 L33 0.769% S 2,000,000.00 $ 1,994,0 .00 Treasury Note 92282OU74 0.625% 02/38/16 04/30/18 L33 0.780% $ 3,000,00.00 $ 2,989,882.50 Treasury Note 912828X/.03 L000% 31/30/25 05/15/18 L37 1.091% $ 3,000,000.00 $ 2,993,430.00 Treasury Note 912829RSI 0.875% 11/18/16 05/31/18 L41 0.947% $ 3,000,000.00 $ 2,996,718.75 Treasury Note 912828XF2 L125% 12/16/16 06/15/18 IAS 1.132% $ 2,000,000.00 $ 1,999,780.00 Treasury Note 912828893 0.625% 12/09/16 06/30/18 150 1.000% $ 3M000.00 $ 2,982,660.00 Treasury Note 912828893 0.625% 11/18/16 06/30/18 LSO 0.952% $ 3,000,00040 $ 2,984,296.88 Treasury Note 922828XK1 0.875% 12/16/16 07/15/18 iS4 L362% $ 2,000,000.00 $ 11991,02040 Treasury Note 912828968 0.750% 12/09/16 07/31/18 LS8 1.001% $ 2,000,000.00 $ 11990,625.00 Treasury Note 912628568 0.750% 11/30/16 07/31/18 LSB 1.048% $ %000,000,00 $ 2,985,234.38 Treasury Note 912828X82 1.000% 12/12/16 08115/18 L62 1.07S% S 3,000,0004D $ 21996,250.00 Treasury Note 91282820 0.750% 12/09/16 08/31/18 L67 1.058% $ 2,000000.00 $ 1,989,540.00 Treasury Note 912828263 0.750% 11/30/16 08/31/18 L67 1.067% $ 3,000,000.00 $ 2,983,590.00 Treasury Note 91282BL40 LCDD% 11/30/16 09/35/18 L71 1.080% $ 3,000,000.00 $ 2,995,770.00 Treasury Note 912828742 0.750% 17!09/16 09/30/18 L7S 1479% $ 31000,00040 $ 2,982,420.00 Treasury Mote 92MBL815 0.675% 11/30/16 10/15/18 L79 L08o% $ 3,000,000.00 $ 2.988,633.00 Treasury Note 912828783 0.750% 12/09/16 30/31/18 1.83 1.094% $ 3,000,000.00 $ 2,980.800.00 $ 120,00,000.00 $ 119,669,292-39 33.34% Regions Bank Money Market $32,261,16022 TD Bank Money Market $22,178,376.65 6.18% EankUnhed Money Market $32,358,366.09 9.01% Harbor Community Bank CD 0.850% 02104/16 02/04/18 1.10 $3,075,315.56 0.86% Oculina Bank CD 0.880% 05/11/15 05/11/17 0.38 $1,014,638.90 0.28% TD Bank CD 0.880% 08/OSHS 05/05/17 0.34 $6,088,273A8 1.70% National Bank of Commerce CD 0.600% D5/11116 65/11/17 0.38 $6,059,275.81 1.69% Oadina Bank CD 0.880% 04/13/16 04/28/18 1.32 S2,12,23L35 0.56% Total General Cash & Equivalents 9346,045,895.59 Restricted Cash - Landfill FACC-Florida Local Govt Investment Trust LandUl Closure 8 Postdosure Reserves - adjusted fortair rnM value $ 12,942,752.44 3.59% Total Pooled Cash & Equivalents $358,988,648.03 100.00% Restricted Cash - Hoalth Insurance Wells Fargo - BCBS Claims Account 5809,73138 Cftank- BCBS ImprestAect $84,00040 Total Restricted Cash - Health Insurance $99%73L98 Restricted Cash -Bond Covenants (held by BNY/M91Ion) Fidelity institutional Treasury Money Market-Utaillas Debt Service, Reserve $044.61 Treasury Nota 912826X)4 0.625% 0=0116 06130117 0.50 0.668% $1,600,00040 $1.599,744.00 Treasury Note 912828893 0.625% 06/30/16 013/30/18 1.50 0.745% $1,48%00040 $1,470,690.80 Treasury Note 812828U40 1.000% 11/30/16 11/30/18 1.92 1.085% $1,03%00040 51,026,704.00 Total Restricted Cash - adjusted for fair market value $4,101_ ,5_,� e,1 Total Portfolio Note: See separate Investment report for OPER funds. Zof2 5363,983,962.82 P88 Mo Cash Flow 13,000,000.00 12,000.000.00 11,000,000.00 12,700,000.00 24,000,000.00 12,000,000.00 13,000,GDD.00 12,000,000.00 13ADDA 0.00 6,000,000.00 6,OODAMOO 9,000,000.00 13,000,000.00 14,00,000.00 13A00,000.00 P89 Schedule 2 Indian River County, Florida Board of County Commissioners Investment By Maturity Date December 31, 2018 12J31/t6 Coupont Punduase Maturity Years To Yield To Original Investment Type CUSIP Yield Date Date Maturity Maturity ParMwunt Book Value FHLMCDisc 313397859 0,525% 02/22/16 02/10/17 0.11 0.526% $ 2,000AD0.00 $ 1,989,675.00 Treasury Note 912828674 0.625% - 12/04/14 02/15/17 0.13 0.650% $ 3,00,000.00 $ 2,997,656.25 FHLB Disc 313385CG93 0.630% 03/02/16 02/24/17 0.15 0.634% $ 3,000,00 OD S 2,481,352.50 Treasury Note 91292SJ35 0.500% 11/05/15 02/28/17 0.16 0.619% $ $000,000.0 $ 4996,875.00 Treasury Note 912828!35 OSO096 09/16/15 02/28/17 0.16 0.636% $ 3,000,000.00 $ 2,994,120.00 FHLMC Disc 313397CT6 0.650% 03/14/16 03/07/17 0.18 0.662% $ 2,000,000.00 S 1,987,072.22 Treasury NOW 9128280 0.750% 11/30/15 03/15/17 020 0.750% $ 2,000,000.00 $ 2AW,000.0D FHLMC Disc 313397DL2 0570% 03/28/16 03/24/17 0.23 0.573% $ 3,000,000.00 $ 2,982,852 50 Treasury Note 912828192 0.500% 11/05/15 03/31/17 025 0.623% S 3,000,000.00 S 2,994,843.75 Treasury Note 912828192 0.500% 04/30/15 03/31/17 0.2S 0.574% $ 2p00A00.00 $ 1,997,187.50 FNMA Disc 31350DWOS 0.520% 05/04/16 04/03/17 0.25 0S23% $ 2,000,000.00 $ 1,990,3SL31 FNMA Dist 313589ED15 0.520% 05/04/16 04/10/17 M27 0523% $ 2,000,000.00 $ 1,990,148.89 Treasury Note 912828C73 0.875% 12/16/15 04/15/17 0.29 0.883% $ 2,000,000.00 S 1,999,780.00 Treasury Nate 911928K66 0.500% 11/30/15 04/30/17 0.33 0.766% $ 2p00A0D.00 $ 1,992,500.00 Treasury Note 912MK66 0.500% 04/30/15 04/30/17 0.33 0.594% S 3,000,000.00 $ 2,994,375.00 FHLB Disc 31MER51 0.640% 05/18/16 05/11/17 0.36 0.644% $ 1,700000.00 S 1,689,180.44 FNMA Disc 313589FT5 0.660% 05/31/16 05/18/17 0.38 0.664% S 3,000,000.00 S 2,980,640.01 FHLMC Dice 313397M 0.645% 05/31/16 05/25/17 DAD 0.649% $ 3,000.000.00 $ 2,980,703.75 Treasury Note 912828SY7 0.625% 11/30/15 05/33/17 OA3 0.793% $ 2,000,000.00 $ 3,9951000.00 Treasury Note 922828M 0.625% 09/02/15 05/31/17 OAl 0.657% $ 3,000,000.00 $ 2,998,350.00 FHLMC Disc 313397GR6 0.450% 06/29/16 06/09/17 0.44 OA152% $ 2,000,000.00 $ 1,991,375.00 Treasury Note 91282BWP3 0.875% 12/16/15 06/15/17 OAS 0.916% $ 2,0001000.00 $ 1,998,820.00 FNMA Disc 313589HE6 0.500% 07/08/16 06/22/17 OA7 0.502% $ 3ADOA00.00 $ 2,96S,4SB.34 Treasury Note 912828X04 0.625% 12/09/16 06/30/17 OSO 0.625% $ 2,000,000.00 $ 2,00,000.00 Treasury Nate 912828104 0.625% 11/30/15 06/30/17 OSO 0.840% $ 2,000,000.00 $ 1,994,062-50 Treasury Note 912828X!4 0.625% 09/02/15 06/30/17 050 0.668% S 3,000,000.00 $ 2,997,630.00 FHLMC Disc 313397HRS 0.580% 07/27/16 07/03/17 OSO OS80% $ 3,000,000.00 $ 2,983,518.33 FHLB Disc 319385HY5 0.600% 07/13/16 07/10/17 0S2 0.604% S 2,000,000.00 $ 1,987,93133 FNMA Disc 313S89JF1 0.550% 09/01/16 07/17/17 0.54 OSS3% S 2,00%0=0 $ 1,99 ZSL78 FHLB Disc 313385IN7 0.540% 09/01/16 07/24/17 0.55 0.547% S 2,000.000.00 S 1990220.00 Treasury Note 912828TGS 0.500% 01/20/15 07/31/17 0.58 0.678% S 31000,000,00 $ 2,986,640.63 FHLB Bullet 3190A8YV9 0.625% 08/08/16 08/08/17 0.60 0.625% $ 3,000.000.00 $ 3,000,000.00 FHLBDisc 313385KL9 0,520% 08/18/16 08/15/17 0.62 0.529% $ 3A0,000.00 $ 2,984,313.33 FHLMC-1XCall 3LMG62Ct5 0.850% OS/29/15 08/25/17 0.65 0.850% S 2,000,000.00 $ 2,000.000.00 Treasury Note 91MSTM2 0.625% 08/14/35 08/31/37 0.67 0.770% $ 2,000,000.00 S 3,994,160.00 Treasury Note 912828TM2 0.625% 01/20/15 08/31/17 0.67 0.71096 $ 3,000,000.00 $ 2,993,437.50 FNMA Disc 3135891H4 0.610% 10/27/16 09/05/17 0.68 0.613% $ 2,000,000.00 $ 1,989,392.78 FHLMC-1X Call 3134G7WZ0 0.900% 09/1S/15 09/15/17 0.71 0.900% $ 2,00,000.00 $ 2,000A00.00 FNMA Disc 313589MA83 0.620% 13!01/16 09/22/17 0.73 0.623% S 3,00,000.00 $ 2,983,208.33 Treasury Note 912828T59 0.625% 04/29/16 09/30/17 0.75 0.662% S 2A00,000.0D $ 1,998,980.00 Treasury Note 912828759 0.525% 09/16/15 09/30/17 0.7S 0.81996 $ 3AGOA00.00 $ 2,98%28L2S FNMA Disc 313589MU4 0.640% 11/08/16 10/10/17 0.78 0.644% $ 3,000,000.00 $ 2,982,080.01 Treasury Note 9128MBFS4 0.875% 11/30/15 10/15/17 0.79 0.894% $ 30101000.00 $ 2,999 531.25 FFCB Callable 3133EFKMB 0.710% 10/20/25 10/20/17 0.80 0.710% $ 2,000000,00 $ 2,000,000.00 FHLB Bullet 3130A6LZB 0.625% 01/20/16 10/26/17 0.82 DAM S 2,000,000.00 $ 1,991,780.00 Treasury Note 912828TWO 0.7509A 11/18/16 10/31/17 0.83 0.766% $ 3,000,000.00 S 2,999,531.25 FHLB Disc 313385NY80 0.700% 11/30/16 11/07/17 0.85 0.705% $ 3,000A0D.00 $ 2,980,050.00 FHLMC Disc 313397PF2 0,690% 12)12/16 11/14/17 0.87 0.690% S 3,000,000.00 $ 2,980,622.49 FHLMC Bullet 3137EADN69 0.750% 03/02/16 01/12/18 L03 0.886% $ 3,0000.00 S 2,992,500.00 Treasury Note 91282OP20 0.750% 11/18/16 01/31/18 LOS 0.850% $ 3,000,000.00 $ 2,996,430.00 FNMA Bullet 3135WTGB 0.875% 01/20/15 02108/18 LU 0.917% $ 2,00,000.00 S 1.997,800.00 FFCB Bullet 3133EFZR19 DAM 02/12/16 02/17/18 L12 0.8110% $ 2,000,000.00 $ 2,000,000.00 Treasury Note 912828UR9 0.7SO% 03/31/16 02/28/18 1.16 0.750% $ 2,00,000.00 S 400,000.00 Treasury Note 912828UR9 0.750% 12/04/15 02/28/18 1.16 L004% $ 310001000.00 $ 2,983,140.00 FHLMC 3137EADP1 0.875% 03/17/16 03/07/18 L38 0.875% S 2,000,000.00 $ 1,994,380.00 Treasury Note 912828168 1.00696 12/04/15 03/15/18 120 LOM $ 3,00,000.00 $ 2,996,250.00 FHLB Bullet 313DA70(1 0.875% 12/12/16 03/19/18 1.21 1.000% $ 3,00,000.00 $ 2,99SAMO0 Treasury Note 912828UU2 0.750% 03/31/16 03/31/18 L25 1451% 6 210001000.00 $ 1,999900.00 Treasury Note 912828UU2 0.750% 12/04/35 03/31/16 LZS LOST% S 31000,000.00 $ 2,979,390.00 FHLMC Bullet 3137EAEA8 0.75096 05/17/16 04/09/18 L27 DAM $ 3,000,000.00 S 2,993,619.00 Treasury Note 91ZBMKZS 0.75096 12/07/15 04/35/16 L29 L071% $ 3,000,000.00 S 2,977,710.00 FHLMC Callable 333468XH7 LODO% 12/12/16 04/27/18 132 L026% $ 3,001),000.00 $ 2.448,950.00 Treasury Note 912828UZi 0.625% 03/33/16 D4/30/18 L33 0.769% $ 2A00,00D.00 $ 3.994,060.00 Treasury Note 912828UZ3 0.625% 02/18/16 04/30/18 L33 0.780% $ 310001000.00 S 2,989,88250 FFCB Callable 3133EFMUS 0.950% 02/11/16 05/02/16 L33 0.950% $ 2,0001000.00 $ 2,000.000.00 FHLMCCaDable 313469JDO L000% 05/11/16 OS/13/18 L36 L000% $ 2,ODO.00D.00 S 2000,000.00 Treasury Note 912828X.03 1.000% 11/30/15 05/15/18 L37 1.091% S 3A ,000.00 $ 2,993,430.00 FHLMC Callable UUMIKU0 L000% 06/02/16 05/25/18 L40 L000% $ 3,000,000.00 S 2,997,600.00 Treasury Note 91282MI 0.87596 31/38/16 05/31/18 L41 0.947% S 3000,000.00 S 2,996,718.75 FHLB Callable 313OA7DBB 1.000% 02/28/16 06/04/16 L42 L000% $ 3,000,000.00 $ 3,000'000.00 Treasury Note 912828XF2 L125% 12/16/16 06/15/18 L45 1132% $ 2,000,000.00 $ 1,999,780.00 FFCB Callable 3133EGUX1 0.940% 09/20/16 06/20/18 1-6?2 0.940% $ 2,00,000.00 S 2,000,000.00 Mo Cash Flow 13,000,000.00 12,000.000.00 11,000,000.00 12,700,000.00 24,000,000.00 12,000,000.00 13,000,GDD.00 12,000,000.00 13ADDA 0.00 6,000,000.00 6,OODAMOO 9,000,000.00 13,000,000.00 14,00,000.00 13A00,000.00 P89 Total Portfolio Note: See separate Investment report for OPER funds. 20f2 $363,983,962M P90 Schedule 2 Indian River County, Florida Board of County Commissioners Investment By Maturity Date December 31, 2016 12/31/16 Coupon) Purchase Maturity Years To Yield To Original Investment Type CUSIP Yield Date Date Maturity maturity ParAmount Book Value Mo Cash Flow Treasury Now 912828893 0.625% 12/09/16 06/30/18 LSO L000% $ 3,000,000.00 $ 2,982,660.00 Treasury Note 91282803 0.625% 11/18/16 06/30/18 LSO 0.952% $ 3AWW0.00 $ 2,984,296.88 $ 13,ODDA0040 FHLB Callable 3130ASPZD .840% 07/12/16 07/12/18 LS3 0.840% $ z='WO.00 $ 2,000,00.00 Treasury Note 912828w Q87S% 12/16/16 07/15/18 L54 L162% $ 2,0001000.00 $ 1,991,020.00 FFCB Callable 3133EGMQS 0.880% 07/18/16 07/18/18 L55 0.880% S 2,000,000.E $ 2,0001000.00 Treasury Note 912826568 0.750% 17/09/16 07/31/18 L58 1.035% $ 2,00.000.00 $ 1,990,625.00 Treasury Note 912828368 0.750% 11/30/16 07/33/18 L58 1.048% S 3AW,000A0 $ 2,955,23438 $ 11,000,000.00 FHLB Bullet 3130ASPK3 0.680% 07/15/16 08/07/18 L60 0.770% $ 2,000,000110 $ 1,9941000.00 Treasury Note 91282MZ 1.000% 12/12/16 08/15/18 L62 L075% $ 3,00.000110 S 2,996,250.00 FHLMCCallable 3134GAGMO 1.040% 12/12/1G 08/24/18 L65 L040% $ 3,ODO,000-0 S 3,000,00.00 FHLMCCallable 3134GADR2 LOSO% 08/30/16 08/28/18 L66 LO10% $ 2,000,000110 S 2AODOMOD Treasury Note 912828632 0.750% 12/09/16 08/31/18 L67 L058% $ 40WAMOD $ 4989,540.00 Treasury Note 912BU02 .750% 12/30/16 08/31/18 L67 L067% S 3,ODOAMOO $ 219831590.00 $ 15,00,000.00 FFCB Callable 313BEGTHO L030% 09/06/16 09/06/28 1.68 1.030% $ 2,000,000.00 $ 2,00,00.00 Treasury Note 91282BL40 L00% 11/30/16 09/15/18 L71 1.080% $ 3,000,000.00 S 2,995,770.00 FFCB Callable 3133EGFXB LOM 06/20/16 09/20/18 L72 1.010% $ 2,000,000.00 $ $00,000.00 FHLB Callable 3130A9C90 LOW 09/28/16 09/28/18 L74 LOW% $ 3,000,0 .00 $ 3,OWWO.OD Treasury Note 912828742 0.750% 12/09/16 0/30/18 1.75 L079% S 3,000,000.00 $ 2,982,420.00 $ 131000,000-0 FHLB Buffet 313OA9AE1 0.875% 12/12/16 10/01/18 L75 L142% S 3,00.000.00 $ 2,985,750.00 FHLB Callable 3130ASNH0 LODD% 10/11/16 20/11/18 L78 L00% S 2,000100.0 $ 2,=,ODOM Treasury Nate 919R7 LEIS 0.875% 11/30/16 "As L79 LO08% $ 3,000,00.0 $ 2,988,633.00 Treasury Note 912 ET93 0.750% 12/09/16 10/32/18 L83 L094% $ 3,00.00.0 $ 2,980,800.00 $ 111000100-0 FFCB Callable 3133EGA70 0970% 11/01/16 11/03/18 L84 0.970% S 2,000,000.00 $ 2,0D,00.0 FHLMCCallable 3134GAVW1 1.050% 12/28/16 W07/18 Las L285% $ 3,00,00.0 $ 2,987,300.00 S SOOD,000.00 Sub Total- General Investments $ 241,700,000.00 S 240,998,256.53 $ 241,70.000.00 Regions Bank Money Market $32,261,360.22 TO Bank Money Market 522,178,376.65 BankUnited Money Market $32,358,366.09 Harbor Community Bank CD 0.850% 02/04/16 02/04/18 1.10 $3,075,315.56 Oculina Bank CD 0.880ye 05/11/15 05/11!17 0.36 $3,014,638.90 TD Bank CD 0.880°/0 05/05/15 05/05/17 0.34 $6,088,273.48 National Bank of Commerce CD 0.600% 05111/18 0511/17 0.38 $6,OS9,275.81 OcuGna Bank CD 0.680% 04/23/16 04128/18 1.32 $2,012,232.35 Total General Cash B Equivalents $ 346,045,89559 Restricted Cash - Landfill FACC-Florida Local Govt InveatmentTrust-Landfill Closure 8 Postelosure Reserves - adjusted for fair mktvalue $ 22,942,75244 Total Pooled Cash 6 Equivalents $358,988,5480 Restricted Cash - Health Insurance Wells Fargo - BCBS Claims Accatnt $809,73138 Citibank- BCBS Imprest Acct $84,000.00 Total Restricted Cash - Health Insurance $893,73138 Restricted Cash-Rand Covenants (held by BNY1Mellon) Fidelity Institutional Treasury Money Market-Utiffties Debt Service Reserve $4,444.61 Treasury Note 91282BXJ4 0.8n% 06/90/15 06/30/17 0.50 0.686% $3,600,000.0 $1,599,744-0 Treasury Note 91282SR93 0.625% 06130116 08/30/18 1.50 0.745% $1,460.000.00 $1,470,690.80 Treasury Note 9128MU40 1.ODD'/e 11/30/16 11!3018 1.92 1.085% S2A30.01DO.00 $1,026,704.00 Total Restricted Cash -adjusted for fair market value $4,101,583,41 Total Portfolio Note: See separate Investment report for OPER funds. 20f2 $363,983,962M P90 Schedule 3 Indian River County Portfolio By Maturity Date December 31, 2016 $7so,000000 $233,704,507 $200,000,000 $1501000,000 $130,279,4S6 $100,000,000 SSO,OOD,000 $0 $0 0-12 Months 13-24 Months 25-36 Months Total Portfolio $363,983,963 P91 Treasury Nat B Schedule 4 Indian River County Portfolio By Type December 31, 2016 V.oy70 7.88% 12.77% 6.10% kt 8.99% P92 Schedule 5 Indian River County Investment Purchases and Calls/Maturitles Quarter Ending December 31, 2016 PURCHASES: Investment Description Yield to Maturity Purchase Date Call Date Maturity Date Par Amount Book Value FHLB Callable 1.00% 10/11/16 01/11/17 10/11/18 $2,000,000 $2,000,000.00 FNMA Disc 0.61% 10/27/16 09/05/17 $2,000,000 $1,989,392.78 FFCB Callable 0.97% 11/01/16 11/01/17 11/01/18 $2,000,000 $2,000,000.00 FNMA Disc 0.63% 11/01/16 09/22/17 $3,000,000 $2,983,208.33 FNMA Disc 0.64% 11/08/16 10/31/16 10/10/17 $3,000,000 $2,982,080.01 Treasury Note 0.76% 11/18/16 10/31/17 $3,000,000 $2,999,531.25 Treasury Note 0.85% 11/18/16 01/31/18 $3,000,000 $2,998,430.00 Treasury Note 0.95% 11/18/16 05/31/18 $3,000,000 $2,996,718.75 Treasury Note 0.95% 11/18/16 06/30/18 $3,000,000 $2,984,296.88 FHLB Disc 0.71% 11/30/16 11/07/17 $3,000,000 $2,980,050.00 Treasury Note 1.05% 11/30/16 07/31/18 $3,000,000 $2,985,234.38 Treasury Note 0.56% 11/30/16 08/31/18 $3,000,000 $2,983,590.00 Treasury Note 1.08% 11/30/16 09/15/18 $3,000,000 $2,995,770.00 Treasury Note 1.08% 11/30/16 10/15/18 $3,000,000 $2,988,633.00 Treasury Note 0.63% 12/09/16 06/30/17 $2,000,000 $2,000,000.00 Treasury Note 1.00% 12/09/16 06130!18 $3,000,000 $2,982,660.00 Treasury Note 1.04% 12/09/16 07/31/18 $2,000,000 $1,990,625.00 Treasury Note 1.06% 12/09/16 08/31/18 $2,000,000 $1,989,540.00 Treasury Note 1.08% 12/09/16 09/30/18 $3,000,000 $2,982,420.00 Treasury Note 1.09% 12/09/16 10/31/18 $3,000,000 $2,980,800.00 FHLMC Disc 0.69% 12/12/16 11/14/17 $3,000,000 $2,980,622.49 FHLB Bullet 1.00% 12/12/16 03/19/18 $3,000,000 $2,995,284.00 FHLMC Callable 1.03% 12/12N6 04/27/17 04/27/18 $3,000,000 $2,998,950.00 Treasury Note 1.08% 12/12/16 08/15/18 $3,000,000 $2,996,250.00 FHLMC Callable 1.040A 12/12/16 02/24/17 08/24/18 $3,000,000 $3,000,000.00 FHLB Bullet 1.140/6 12/12/16 10/01/18 $3,000,000 $2,985,750.00 Treasury Note 1.13% 12/16/16 06/15/18 $2,000,000 $1,999,780.00 Treasury Note 1.16% 12/16/16 07/15/18 $2,000,000 $1,991,020.00 FHLMC Callable 1.29% 12/28/16 02/17/17 11/07/18 $3,000,0130 $2,987,100.00 1 $79,000,000 $78,725,736.87 MATURITIES: Investment Description Yield to Maturity Purchase Date Early Call Date Maturity Date Par Amount Book Value FNMA Disc 0.39% 11/17/15 10/04/16 $2,000,000 $1,993,11178 FNMA Disc 0.34% 10/27/15 10/11/16 $2,000,000 $1,993,583.40 FNMA Disc 0.34% 11/02115 10/18/16 $2,000,000 $1,993,565.00 FHLMC Disc 0.41% 11/05/15 10/25/16 $2,000,000 $1,992,111.11 FHLMC Callable 1.13% 04/29/16 10/31/16 10/29/18 $2,000,000 $2,000,000.00 Treasury Note 0.57% 12/05/14 10/31/16 $2,000,000 $1,992,500.00 Treasury Note 0.52% 01/15/15 10/31/16 $3,000,000 $2,997,030.00 FHLMC Disc 0.65% 12/15/15 11/07/16 $3,000,000 $2,982,370.00 Treasury Note 0.72% 12/15/15 11/15/18 $3,000 000 $2,997,421.88 1 $21,000 ODO $20,941,694.17 leginning portfolio (09130116) Total purchased Total matured $183,214,213.83 29 securities 1 $78,725,736.87 9 securities 1 ($20.941.694.17 P93 October November December January February March April May June July August September Net cash flow October November December January February March April May June July August September Net cash flow Schedule 6 Indian River County Change in Monthly Cash Flows For All Pooled Cash/Investment Accounts Comparison of Six Fiscal Years December 31, 2016 $ (8,183,746) Fiscal Year 2011-2012 $ (6,856,660) Net Chane Month End Bal' $ (7,163,713) $ 299,325,098 $ 15,743,556 $ 315,068,654 $ 31,679,255 $ 346,747,909 $ 540,328 $ 347,288,237 $ (3,953,214) $ 343,335,023 $ (4,018,678) $ 339,316,345 $ (6,018,427) $ 333,297,918 $ (5,148,326) $ 328,149,592 $ (12,048,463) $ 316,101,129 $ (5,284,467) $ 310,816,662 $ (10999,198) $ 299,817,464 $(1:512,399)1$ 864.3961$ $ 298,305,065 $ (8,183,746) $ 7,860,609 Fiscal Year 2014-2015 $ (6,856,660) Net Chane Month End Bal' $ (10,422,694) $ 287,937,696 $ 19,342,864 $ 307,280,560 $ 35,786,179 $ 343,066,739 $ (285,799) $ 342,780,940 $ (2,801,802) $ 339,979,138 $ 281,107 $ 340,260,245 $ (6,111,791) $ 334,148,454 $ (4,947,796) $ 329,200,658 $ (6,122,052) $ 323,078,606 $ (8,447,944) $ 314,630,662 $ (9,274,059) $ 305,356,603 $ 864.3961$ $ 306,220.99U $ 7,860,609 7,985 Fiscal Year 2012-2013 $ (6,856,660) Net Chane Month End Bal" $ (4,325,867) $ 293,979,198 $ 16,251,425 $ 310,230,623 $ 29,931,173 $ 340,161,796 $ 130,635 $ 340,292,431 $ (2,486,081) $ 337,806,350 $ (2,787,582) $ 335,018,768 $ (8,244,064) $ 326,774,704 $ (4,598,588) $ 322,176,116 $ (4,33.4,609) $ 317,841,507 $ (4,470,572) $ 313,370,935 $ (10,017,849) $ 303,353,086 $ 5,040,036 $ 298,313,050 7,985 $ 15,098,062 Fiscal Year 2015-2016 $ (6,856,660) Net Chane $ 29,862,090 Month End Bal' $ (8,105,518) $ 298,115,481 $ 25,830,326 $ 323,945,807 $ 35,536,011 $ 359,481,818 $ (373,573) $ 359,108,245 $ 906,675 $ 360,014,920 $ 256,335 $ 360,271,255 $ (5,220,820) $ 355,050,435 $ (2,730,213) $ 352,320,222 $ (8,065,869) $ 344,254,353 $ (7,588,170) $ 336,666,183 $ (8,369,612) $ 328,296,571 $ (6,77,610)1 $ 321,319,061 $ 15,098,062 47,340 Fiscal Year 2016-2017 Fiscal Year 2013-2014 $ (6,856,660) Net Chane $ 29,862,090 Month End Bal' $ (7,076,226) $ 291,236,824 $ 13,411,135 $ 304,647,959 $ 33,565,914 $ 338,213,873 $ (1,632,096) $ 336,581,777 $ (1,988,485) $ 334,593,292 $ (474,129) $ 334,119,163 $ (6,034,807) $ 328,084,356 $ (5,237,557) $ 322,846,799 $ (11,441,367) $ 311,405,432 $ (3,166,797) $ 308,238,635 $ (8,103,393) $ 300,135,242 $ 1,774 852 $ 298,360,390 47,340 Fiscal Year 2016-2017 Net Chane Month End Bel* $ (6,856,660) $ 314,462,401 $ 29,862,090 $ 344,324,491 $ 37,277,098 $ 381,601,589 60,282,528 'Schedule represents total assets In 801 fund -including portfolio accounts, FMV adjustments, cash in bank and utilities debt reserve. Source: Balance Sheet for fund 801 (run by month) Schedule does not include OPER investments - see separate report. P94 ee6eduM7 tndlan rover0ounty Poofed Interest 8erntngs Armtyds Comparison of Two Pdor Reed Yeas Wan Current Fiscal Year December 31, 2015 Pordelio Oct -161 $ 111,242 0.77%1 $ 2,460 023%% S 8,569 0� S 4,601 O.M%I 3 2,218 0.� S 2,287 0.88% S $077 0.80161 S 14,388 0.6096 S 8,340 0.35%I 3 3,131 0.80%1 S (940) 1.10 S 2,291 CL= S 169,392 0.61%� 0.64%I Noy -18 S 133,587 0.79% S 2530 025%ll S 6,359 Me S 4,359 0.88% S 2,148 0. S 2283 QBB% S 2,877 0.60% S 14,914 D.GD% S 6040 0.359%6JI S 2,702 28080%9611 8 (27.481) 1 A0% S 2 787 081% S 165,799 0549% 0.71% Dec -18 S 187,875 0.83% S $571 025% 3 6,573 D S 4,666 0.M% S 2,219 0.65 S 2,382 Q 3 3,076 0.8016 S 16,0¢6 DM% $ 9,208 0.35 $ 3.150 0. 3 3,420 1.10 S 2,767 0.61% $ 225,858 0.71 0.841A Notes: 1) VNesnnente are mored Interest on ewtpon (nstrumarda. 2)'BarW B cash received on the ovemVi investment of dre Court ys cash 814te bank 3)'FLGN" Is the change in marketvatue of the Florida Local Government Investment Trust account A monthly return is not avafieLle; oonseVelady, the 12 month return Is provided. 4) 'Day-WDay' Is a money market fund managed by the FACC under the FLGIT umbrage. 6) Average relum Is computed by dlvIAW total Interest Income for the month by the mmmhty cash btsfences fisted on schedule 6. Does not Include mark to market except for FLGIT landfill. 0) Swage of onsyear treasury rates Is Ole Federal Reserve webske. This report does rat include OPER funds. co tP JUN --oaaerladPunre mdn (n TD Bank -MM TDBwk-CD NerborComm OwsinaBank-CDs N0IBk BaNcUNted-MM R -Bank Reffions-Ledmox FLGIT-Landfill 'AllenPlaaerve Treasuries Apandes, W99sFa o•Bank Benchmark (1) 12 (6) One Year Interest Interest MoNr Ea d Return Interest Earned Retum Interest Famed Rehim Imatasl tnte" Eamed Return Earned Rotum Interest Eamed Realm Oderest Earned Return Interest Earned Retum Interest Earned Ralum tnteleat Month Earned Interest Earned Return Averege Total etum Return Constant Maturl Oet-14 $ 55.741 0.34% S 2,715 0 S 3,402 020% $ $178 0.85% S 6.831 0.40% 32,284 0.23 S 3,161 0.80% S 22,042 MM 3 1,731 0. S 102,065 0.43% 0.10% Nov -14 9 58,189 0.34% 3 2,373 0 S 3,430 020% S 2,109 085% $ 8,549 0.40% $ 2,305 02 S 3,530 O.W% S 13,942 M55% S 1,731 0.38 S 94,158 M37% 0.13% Deo -14 $ 07.702 0.37% S 3,301 025 S 4,528 020% S 2.181 085 S 9,274 0.40% S 4,834 0.23% 6 2,957 0.60% S (23,742) 0.67% $ 1,970 OAS S 73,003 0.28% 02196 Jan -15 S 72,946 0.40% $ 2,458 025 S 6,102 0.28% $ $183 GAS% S 10,105 0.40% S 4,909 0.23 $ SAN 0.80% $ 42,217 0.75% 3 1,970 OAS% 3 145.432 0.51% 0.20% Feb -15 $ 71,548 0.40% S 2,477 0.26% S 4,609 020% S 1,873 0.86% S 9,212 Q4 S 4,588 0.23% S 2,629 M00% S (12,385) 0.54% S 1,970 0.43 S 98,e27 0.31% 0.22% Mar -15 8 78,478 Q43% 3 3,039 0 S 5,104 020% $ $186 0.85% $ 10,202 0.40% S 5,255 M2 S 3,098 S 22,735 0. S 1,970 0.43% $ 130,086 0.48 0.26% Apr -1 3 77,358 0.41% $ 2,550 025 S 4,414 0 32,117 085% S 0.876 M4 S 4,912 0. $ 3,058 QB S 4,838 273% S 1,070 0.43% 3 112889 0.4 023% May -15 3 77,327 0.44% 3 2,799 0 S 4,281 5 3,906 0. S 2.159 0.65% S 740 0.88% S 1,973 0.80 S 5,997 0.40% S 4,748 &M S 2,941 0.60% S 6,788 O. S 1,070 0.43% 3 118,405 0.43 024% Jun -15 S 71,370 0.44% S 2,884 0 S 4,122 0 S 4,343 0. S $,120 0 S 724 MW% $ 2,860 0.8 $ 8,439 Q S 5,243 Q23 S 3,030 0.8 S (2,838) 0.61% S 2,391 0.52% $ 104,688 0.391A 0.25% Jul -15 S 73,032 0.46% $ 2,916 025% S 4,281 02 S 4,491 0,88% S 2,192 025% 3 610 0.88% 5 3,000 0.6D% $ 9,537 0,40% S 5,079 0.23% S 2,851 0.60% S 4,638 07 S 2,391 0.62% $ 114,898 0.44% 0.30% AWIS S 72,884 0.48% S $498 025% S 4,282 0 S 4,494 0.88 $ 2,193 0.85% S 721 0.88% S 3214 0.80% S 9,212 0.40% $ 4,891 0.23% S 3,109 260% S (3,572) 0.58 S 2,381 0.52% S 106,405 0,42% 0.38% Sep -16 $ 77,200 0.49% $ $752 025% $ 4,126 0 S 4,352 0.88% S 2,124 085% 8 725 0.88% 8 2,9% 0.60% S 7,571 0.40% S 3,951 0.23% S 2,000 0.60% S 28,855 0.00% 3 1,965 0.56% $ 137,848 0.54% 0.37% Oct -15 S 72.640 0A9% 3 2,571 026% S 4,283 0 S 4,601 OAS S 2,197 0.85% S 768 0.88% S 3,158 0.60% 3 7,678 OAO i 3,972 0.23 S 2,980 0.60% $ (?.WO) 0.81% S 1,885 0.66% S 98,027 0. 026% Now -15 3 87,151 Q6 S 2,729 0 3 4,925 0 S 4,359 028 S 2,127 0 $ 708 0 S 2,880 Q6O% S 7.353 0.4 S 4,131 023 S 3,034 Q8D% S (15,955) 0.37% 3 1.M 0.68% 3 105.017 0. 0.46% Doo -15 3 105,978 0. $ 3,D82 025% S 8,055 0 $ 4,607 OAS S 2,200 0. S 737 0. S 3,058 0.60% S 11,320 0. S 5,742 0.23% 3 3,009 M00% 3 (9,871) 049% S 1,996 0,58% S 137,886 0.46% 0.65% Jan -16 3 107,354 0.58 $ 2,785 025% $ 7,028 0. S 4,498 0.68% $ 2,201 0.8 5 840 0. $ 3,058 0.60% $ 13,183 0.50% 3 5,022 023% 3 2,914 0.60% S 49,595 0.49% S 1,985 0.58 S 201,073 0.67% 0.54 Fab -18 S 108,911 282 3 3,023 025% S 6,081 0 S 4,211 0.88% S 4081 0. $ 739 0. S 2,860 0.60% S 12,339 DM% $ 9,009 0.34% S 2,718 0.80% S 4,898 Q69% S 1,985 0.58% $ 159,716 0,63% 059 Mar -1 5 116,694 0.64 S 3.041 D2996 S 7,443 0.3596 $ 4,605 O.86% S 2,205 Q65% $ 882 0,80 $ %058 Q80% $ 13,196 0,50% S 9,216 0.35% 8 2,952 0.80% $ 30,879 0.75% S 1,1365 0.58% $ 195,756 0.65% 0.68 Apn1 S 117,000 0.87 S 2,575 0.25% $ 7,205 1), % $ 4,389 OJ38% 32,138 0.05 $ 958 0. $ 3,058 0.60% $ 12,775 0.5096 S 8,823 0.35% S 2,920 Oe0% SS 11,752 0.81% $ 1,985 0,58% $ 175,348 0,59% Q May -1 S 118,647 0. $ 2,588 025% S 7,448 OAS% $ 4,511 0.85% S 2,208 0.86% $ 2.178 O.M S $930 0.8 $ 13,207 0.60% S 9,520 0.35% S 3,005 M00% S (2,670) 0.73% S 1.985, 0.6 S 165,855 058% 0.59 Jun, -1 S 118,320 0.71 S 2,898 025% S 7,210 0.35% S 4,389 0.88% S 2,139 285% S 2,273 0. 3 2.977 S 12,786 0.5D% S 8,929 0.35% $ 2,954 0.W% 3 64.645 120% $ 2,287 0.87% $ 221,988 0.77 0.55 Juf-1 $ 118,333 0.71 $ 2,808 025% S 7,452 02" S 4,518 0.86% S 2,211 0.85% $ 2,228 0.98% $ 3,078 Q60 S 13,013 MW% S IMAM 0.35 S 2,987 0 S 3,705 120 $3 2.287 0.67 S 172,223 0.67 MS1 Aug -1 f 115,851 273% S 2,934 0.25% S 7,388 0.35% S 4,494 MSS% S 2,213 285% $ 2,254 0.68% S 3,078 0.60 S 11.955 0.50% 3 8,650 0 3 3,087 0. 3 (6,628) 1.18 $2.291 Q S 165,780 0.57%QS Sep? S 114,957 275% S 2,994 225% $ 8,355 0.35% S 4,406 0.89%1$ 2,143 0.85% $ 2,160 0.88%1$ 3,175 0.80 S 12,7302 0.58% S 9.068 02 $ 2,854 0.60 S 12,004 1.00 S 2,291 267% 3 174,309 OAS 0.59% Oct -161 $ 111,242 0.77%1 $ 2,460 023%% S 8,569 0� S 4,601 O.M%I 3 2,218 0.� S 2,287 0.88% S $077 0.80161 S 14,388 0.6096 S 8,340 0.35%I 3 3,131 0.80%1 S (940) 1.10 S 2,291 CL= S 169,392 0.61%� 0.64%I Noy -18 S 133,587 0.79% S 2530 025%ll S 6,359 Me S 4,359 0.88% S 2,148 0. S 2283 QBB% S 2,877 0.60% S 14,914 D.GD% S 6040 0.359%6JI S 2,702 28080%9611 8 (27.481) 1 A0% S 2 787 081% S 165,799 0549% 0.71% Dec -18 S 187,875 0.83% S $571 025% 3 6,573 D S 4,666 0.M% S 2,219 0.65 S 2,382 Q 3 3,076 0.8016 S 16,0¢6 DM% $ 9,208 0.35 $ 3.150 0. 3 3,420 1.10 S 2,767 0.61% $ 225,858 0.71 0.841A Notes: 1) VNesnnente are mored Interest on ewtpon (nstrumarda. 2)'BarW B cash received on the ovemVi investment of dre Court ys cash 814te bank 3)'FLGN" Is the change in marketvatue of the Florida Local Government Investment Trust account A monthly return is not avafieLle; oonseVelady, the 12 month return Is provided. 4) 'Day-WDay' Is a money market fund managed by the FACC under the FLGIT umbrage. 6) Average relum Is computed by dlvIAW total Interest Income for the month by the mmmhty cash btsfences fisted on schedule 6. Does not Include mark to market except for FLGIT landfill. 0) Swage of onsyear treasury rates Is Ole Federal Reserve webske. This report does rat include OPER funds. co tP Schedule 8 Indian River County Allocation of Pooled Cash and Investments By Fund Types Balance in Funds as of December 31, 2016 General Fund Special Revenue Funds Debt Service Funds Capital Project Funds Solid Waste Funds Golf Course Fund Building Fund Utilities Funds Fleet Fund Insurance Funds GIS Fund Escrow Funds Total Investments Pooled Investments $ 73,525,027 $ 74,510,265 $ 7,059,322 $ 73,403,319 $ 35,619,268 $ 47,322 $ 6,619,826 $ 81,179,805 $ 261,213 $ 24,341,298 $ 752,433 $ 4,282,491 $ 381,601,589 Schedule includes all pooled investments, FMV adjustments, and cash in bank. Schedule does not include OPEB investments - see separate report. P96 CONSENT AGENDA: 2M17 Ofce of INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners ATTORNEY ---- FROM: —William K—DeBraal = Deputy-C—ounty Attorney-- — — DATE: January 20, 2017 11 SUBJECT: Resolution Formally Designating a Portion of County Owned Property for 26`h Street and 52nd Avenue Right -Of -Way The County was approached by Michael Staller, asking if the County desired to purchase his property located on the northwest comer of 261i Street and 52nd Avenue for the County's future 26th Street widening project; and in October, 2016 the County did purchase the property (Lot 1, Block C of Dodgertown Subdivision) for future road expansion of 261 Street in order to avoid future expert witness costs and attorney's fees in an eminent domain process which would ultimately be necessary when the road expansion project was ready to proceed. The intent of the County is to now earmark by a formal document that portion of the property for right-of-way so that the remainder can be re -sold and put back on the tax rolls. In this regard, a resolution has been prepared to designate a portion of that property for future right-of-way, thus alleviating any boundary issues that may surface in the future with respect to the re -selling of .the remainder property. FUNDING: The only cost associated with this matter will be recording fees for recordation of the resolution in the amount of $61.00. Funding for this expenditure is budgeted and available in Account No. 10215241-066120-06011 (Traffic Impact Fees/District 2; 261i Street, 43rd Avenue to 58h Avenue, right-of-way). RECOMMENDATION: Adopt the resolution, and authorize the Chairman to execute same for recordation in the Public Records of Indian River County, Florida. nhm attachment cc: Mapping Section, IRC Property Appraiser's Office M P97 RESOLUTION NO. 2017- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, FORMALLY DESIGNATING CERTAIN COUNTY OWNED PROPERTY FOR 26TH STREET AND 52ND AVENUE RIGHT-OF-WAY, AND DIRECTING THE PROPERTY APPRAISER TO CUT OUT THE PROPERTY DESIGNATED AS RIGHT-OF- WAY FROM THE PARENT PARCEL (LOT 1, BLOCK C, DODGERTOWN SUBDIVISION, RECORDED IN OF THE PUBLIC REORDS -_- OF INDIAN RIVER COUNTY, FLORIDA). WHEREAS, Michael Staller approached the County and offered to sell his property at 2605 52nd Avenue; and WHEREAS, on October 13, 2016 Indian River County purchased Lot 1, Block C of Dodgertown Subdivision from Michael Staller, for future road expansion of 26th Street; said conveyance was recorded in Book 2973 at Page 1959 of the Public Records of Indian River County, Florida; and WHEREAS, the purpose of purchasing the property at this time was to avoid expert witness costs and attorney's fees that would be incurred through the eminent domain process at the time the right-of-way was needed; and WHEREAS, the intent of the County is to now earmark by a formal document that portion of the property for right-of-way so that the remainder can be re -sold and put back on the tax rolls; and WHEREAS, a sketch and legal description of the right-of-way have been prepared and are attached hereto as Exhibit "A"; and 1 P98 RESOLUTION NO. 2017 - WHEREAS, a sketch and legal description have been prepared for the remainder property and are attached hereto as Exhibit "B"; and WHEREAS, it would be beneficial to designate by a recorded instrument the County's designation of this right-of-way identified in the attached Exhibit "A" so that the Indian River County Property Appraiser can earmark the property as right-of-way on the appropriate maps, as well as cut out the designated right-of- way from the parent parcel, thus alleviating any potential boundary issues that may surface in the future with respect to the re -selling of the remainder property idem ified in the .attached Exhibit `B", NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. The portion of property as described and depicted on the attached Exhibit "A," is hereby formally designated as right-of-way; and 2. This resolution shall be recorded in the Public Records of Indian River County, Florida; and 3. Upon the recordation of this Resolution, the Indian River County Property Appraiser is instructed to cut out the designated right-of-way as depicted and described on the attached Exhibit "A" from the parent parcel, and accordingly earmark any maps within the Property Appraiser's Office to reflect this designation. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: 2 P99 RESOLUTION NO. 2017 - Chairman Joseph E. Flescher Vice Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Tim Zorc Commissioner Bob Solari The-Chairman=thereupon-declared the-resolution-duly-passed=and-adopted---- -- this day of February, 2017. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller 13 Deputy Clerk APPROVED AS TO FORM AW-ILLIAM 4KRAAE y . BY EUTYUTYAT EY Joseph E. Flescher, Chairman Q P100 Sketch and Legga/Description fora INDIAN RIVER COUNTY Legal Description (Richt-of-Wav Acauisition BEING A PARCEL OF LAND LYING IN SECTION 33, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY FLORIDA, SAID PARCEL ALSO BEING A PORTION OF LOT 1, BLOCK "C", ACCORDING TO THE PLAT OF DODGERTOWN SUBDIVISION, AS RECORDED IN PLAT BOOK 3, PAGE 49, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1: THENCE NORTH 00°39'58" EAST, ALONG THE WEST LINE OF SAID LOT 1, A DISTANCE OF 25.00 FEET, THENCE DEPARTING SAID WEST LINE, SOUTH 89 -41 -34 - EAST, A DISTANCE OF 104.96 FEET, THENCE NORTH 45"29-14" EAST, A DISTANCE OF 35.47 FEET TO A POINT ON THE THE EAST LINE OF SAID LOT 1, (SAID LINE ALSO BEING THE WESTERLY RIGHT-OF-WAY LINE OF 52ND AVENUE, BEING A 70 FOOT WIDE RIGHT-OF-WAY) THENCE SOUTH 00°40'01" WEST, ALONG SAID EAST LINE AND SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 35.09 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 15.00 FEET, THENCE SOUTHWESTERLY AND WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89°3824", A DISTANCE OF 23.47 FEET TO THE CURVES END AND A POINT ON THE SOUTH LINE OF SAID LOT 1 AND THE NORTH RIGHT-OF-WAY LINE OF 26TH STREET (WALKER AVENUE); THENCE NORTH 89'41'34" WEST, ALONG SAID SOUTH LINE AND SAID NORTHERLY RIGHT-OF-WAY LINE ( SAID LINE BEING 55.00 FEET NORTH OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO,THE SOUTH LINE OF TRACT 14, SECTION 33, TOWNSHIP 32 SOUTH, RANGE 39 EAST, AS SHOWN ON THE LAST GENERAL PLAT OF LANDS OF THE INDIAN_ RIVER FARMS COMPANY,, -AS RECORDED IN PLAT BOOK 2, PAGE 25.OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA) A DISTANCE OF 115.05 FEET TO THE POINT OF BEGINNING. CONTAINING 3514 SQUARE FEET, (0.08 ACRES) MORE OR LESS Surveyor's Notes 1). THIS SKETCH AND LEGAL DESCRIPTION WAS PREPARED WITH THE BENEFIT OF A BOUNDARY SURVEY PREPARED BY INDIAN RIVER COUNTY ENGINEERING DEPARTMENT, JOB NO 1632, DATED DECEMBERS, 2016. TOGETHER WITH THE PLAT OF DODGERTOWN SUBDIVISION, RECORDED IN PLAT BOOK 3, PAGE 49, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. 2).THIS LEGAL DESCRIPTION SHALL NOT BE VALID UNLESS: (A) PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS. WITH SHEET 2 SHOWING THE SKETCH AND LEGAL DESCRIPTION. (B) REPRODUCTIONS OF THE DESCRIPTION AND SKETCH ARE SIGNED AND SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 3). THE BEARINGS SHOWN HEREON ARE REFERENCED TO THE SOUTH LINE OF TRACT 14 AS SHOWN ON THE LAST GENERAL PLAT OF INDIAN RIVER FARMS COMPANY SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 25, ST LUCIE, NOW INDIAN RIVER COUNTY, FLORIDA. SAID LINE BEARS NORTH 89"41'34" WEST AND ALL OTHERS ARE RELATIVE THERETO Legend and Abbreviations I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC (P) = PLAT PBS = PLAT BOOK ST, LUCIE A=DELTA ANGLE SQ. FT. = SQUARE FEET R = RADIUS RNV = RIGHT-OF-WAY PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS WITH SHEET 2 BEING THE SKETCH OF DESCRIPTION This is not a Boundary Survey Certification (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY,KNOWLEDGE AND BELIEF. 9,e4g1�4e�et t:., I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTIQ1 Mr tySTi4slJ.3�4RDS OF PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA I?:RO J 100 PO 6F SURVEYORS AND MAPPERS IN CHAPTER 5J-17.452 FLQ)�IDAHt?MIF�13�'R� 3 F CODE, PURSUANT TO SECTION 472.027 FLORIDA STATE STA ESe j K/ DATE OF SIGNATURE' DAVID. M: SIL ` PROFESSiONALSI E 7F ND MAPPER FLORlUQ CEf1 FICATE �JO.613?' AULNUT: SND/AN RIVER COUNTY, FL PURL/C WORKS DEPT./ENG/NEER/NG D/V i6 A SHEET: 1 OF 2 pOB NO: R. /NOLETT Sketch and Lege/Description for INDIAN RIVER COUNTY EXHIBIT "A" (2605 5217 d A VENUE) P101 mt S89'41'34"E - 104.96' �� o I CONTAINING 3514 SQ. FT.t / A-89'38'24"----------- --------------- 7o' N00'39'S8"E� (0.06 ACRES t) / R=15.00' 25.00' //////// L=23.47' la SOUTH UNE OF LOT 1 Sketch and Lega/Description for. - POIN;7��; EGINNING SOUTHWEST CORNER LOT 1, BLOCK 'C' INDIAN RIVER COUNTY of LOT 11 LOT 2 PLAT BOOK 3, PAGE 49 i Aga 26th STREET (WA LKERAVE.) 70'-R/w 4 ------------------- --------- S89'39'29"E - 129.96' 5' UTILITY EASEMENT SOUTH LINE TRACT 14 i N89'41!34"W uj_ 3 w Z PER PLAT TOWNSHIP 33 SOUTH (30' RW PER P.B.S. 2, PG 25) o I DODGERTOWN SUBDIVISION W o r I �I BLOCK "C" N in P.B. 3, PG. 49 3 J w N rn ` o I LOT 12 N w LOT 1 0isI I 3 rx O ,0 M O I Z tt-- -O Z N - - - -- - - �'0 y Z ' UTILITY EASEMENT mt S89'41'34"E - 104.96' �� o I CONTAINING 3514 SQ. FT.t / A-89'38'24"----------- --------------- 7o' N00'39'S8"E� (0.06 ACRES t) / R=15.00' 25.00' //////// L=23.47' la SOUTH UNE OF LOT 1 30 0 30 ( IN FEET 1 inch = 30 ft~ PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS WITH SHEET 2 BEING THE This is not a Boundary Survey SKETCH OF DESCRIPTION AGENCY: SND/AN RIVER COUNTY, FL Legend and Abbreviations I.R.F.W.C.D: = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC (P) = PLAT PBS = PLAT BOOK ST. LUCIE A=DELTA ANGLE SQ. FT. = SQUARE FEET R = RADIUS RNV = RIGHT-OF-WAY PUBL/c WORKS DEPT./ENG/NEER/NG D/1/. Sketch and L ega/ Description DATE: 12 09 16 DRAWN BY:, lNGL£TT for. SCALE: 1 =3O' APPROVED BY: D.SIL ON INDIAN RIVER COUNTY SHEET: 2 OF 2 I OB NO: 1632 (2605 52ndA VENUE) P102 i POIN;7��; EGINNING SOUTHWEST CORNER LOT 1, BLOCK 'C' of OODGERTOWN SUBDIVISION, i PLAT BOOK 3, PAGE 49 i Aga 26th STREET (WA LKERAVE.) N TOWNSHIP 32 SOUTH f SOUTH LINE TRACT 14 i N89'41!34"W I.R.F.W.C.D. SUB -LATERAL 'A-3' CANAL TOWNSHIP 33 SOUTH (30' RW PER P.B.S. 2, PG 25) GRAPHIC SCALE 30 0 30 ( IN FEET 1 inch = 30 ft~ PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS WITH SHEET 2 BEING THE This is not a Boundary Survey SKETCH OF DESCRIPTION AGENCY: SND/AN RIVER COUNTY, FL Legend and Abbreviations I.R.F.W.C.D: = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC (P) = PLAT PBS = PLAT BOOK ST. LUCIE A=DELTA ANGLE SQ. FT. = SQUARE FEET R = RADIUS RNV = RIGHT-OF-WAY PUBL/c WORKS DEPT./ENG/NEER/NG D/1/. Sketch and L ega/ Description DATE: 12 09 16 DRAWN BY:, lNGL£TT for. SCALE: 1 =3O' APPROVED BY: D.SIL ON INDIAN RIVER COUNTY SHEET: 2 OF 2 I OB NO: 1632 (2605 52ndA VENUE) P102 Shwtcfi and L egga/ Description for INDIAN RIVER COUNTY Legal Description (Lot 9, Block "C" Remainder) BEING ALL OF LOT 1, BLOCK "C", ACCORDING TO THE PLAT OF DODGERTOWN SUBDIVISION, AS RECORDED IN PLAT BOOK 3, PAGE 49, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. Less and Except the Following Described Parcel: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1, THENCE NORTH 00°39'58" EAST, ALONG THE WEST LINE OF SAID LOT 1, A DISTANCE OF 25.00 FEET, THENCE DEPARTING SAID WEST LINE, SOUTH 89"41'34" EAST, A DISTANCE OF 104.96 FEET; THENCE NORTH 45`29'14' EAST, A DISTANCE OF 35.47 FEET TO A POINT ON THE THE EAST LINE OF SAID LOT 1, (SAID LINE ALSO BEING THE WESTERLY RIGHT-OF-WAY LINE OF 52ND AVENUE, BEING A 70 FOOT WIDE RIGHT-OF-WAY) THENCE SOUTH 00°40'01" WEST, ALONG THE SAID EAST LINE AND SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 35.09 FEET TO THE BEGINNING OF A TANGENT CURVE. CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 15.00 FEET: THENCE SOUTHWESTERLY AND WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89°38'24", A DISTANCE OF 23.47 FEET TO THE CURVES END AND A POINT ON THE SOUTH LINE OF SAID LOT 1 AND THE NORTH RIGHT-OF-WAY LINE OF 26TH STREET (WALKER AVENUE); THENCE NORTH 89°41'34" WEST, ALONG SAID SOUTH LINE AND SAID NORTHERLY RIGHT-OF-WAY LINE ( SAID LINE BEING 55.00 FEET NORTH OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OF TRACT 14, SECTION 33, TOWNSHIP 32 SOUTH, RANGE 39 EAST, AS SHOWN ON -THE LAST GENERAL -PLAT -OF LANDS-OPTHE INDIAN— RIVER FARMS COMPANY, AS RECORDED IN PLAT BOOK 2, PAGE 25, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA) A DISTANCE OF 115.05 FEET TO THE POINT OF BEGINNING. 2;082 -SQUARE -FEE -T—(028 ACRES) -MORE -OR -LES Surveyor's Notes 1). THIS SKETCH AND LEGAL DESCRIPTION WAS PREPARED WITH THE BENEFIT OF A BOUNDARY SURVEY PREPNRED BY INDIAN RIVER COUNTY ENGINEERING DEPARTMENT, JOB NO. 1632, DATED DECEMBER 5, 2016. TOGETHER WITH THE PLAT OF DODGERTOWN SUBDIVISION, RECORDED IN PLAT BOOK 3, PAGE 49, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. 2).THIS LEGAL DESCRIPTION SHALL NOT BE VALID UNLESS: (A) PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS, WITH SHEET 2 SHOWING THE SKETCH AND LEGAL DESCRIPTION. (B) REPRODUCTIONS OF THE DESCRIPTION AND SKETCH ARE SIGNED AND SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 3). THE BEARINGS SHOWN HEREON ARE REFERENCED TO THE SOUTH LINE OF TRACT 14 AS SHOWN ON THE LAST GENERAL PLAT OF INDIAN RIVER FARMS COMPANY SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 25, ST LUCIE, NOW INDIAN RIVER COUNTY, FLORIDA. SAID LINE BEARS NORTH 89°41'34" WEST AND ALL OTHERS ARE RELATIVE THERETO. Legend and Abbreviations I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC (P) = PLAT PBS = PLAT BOOK ST. LUCIE O=DELTA ANGLE SQ. FT. = SQUARE FEET R = RADIUS R/W = RIGHT-OF-WAY PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS WITH SHEET 2 BEING THE SKETCH OF DESCRIPTION This is not a Boundary Survey Certification (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF 1 FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTEgS` MDARDS OF PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PbOF--,, } B.OflRf3 60 SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052FL0121DAAQ1,y#j iISTRF(lrvVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATE STA ' TES; .-4 . DATE OF SIGNATURE DAVID M. SIL PR.OFESSIPINAL SUV21YORMD MAP?ER FLORIbA CERT I ATE NO. f1'3 ; AGENCY: IND/AN RIVER COUNTY, FL PUBLIC WORKS DEPT./ENGINEERING D/V 16 1--- - - --- R N/A > OF 2 Sketch and Legj/'e.criptior� for.- INDIAN RIVER COUNTY (260552ndAVENUE) EXHIBIT "B" P103 S/ -etch and Lega/Description for. INDIAN RIVER COUNTY LOT 19LlLOT 2 /S89'39'29"E — 129.96' E UTILITY/ EASEMENT PER PLAT Y LOT 7 , DODGERTOWN SUBDIVISION LOT 72 I BLOCK "C" N w P.B. 3, PG. 49 ////////// I M Go CONTAINING 12,082 SQ/./ FT.t / w O) (0.28 ACRES±) � M Z •\ _ -Af 104 .96' co o LESS AND EXCEPT i A=89'38'24" 00'39'58"E CONTAINING 3514 SQ. FT.± i R=15.00' 25.00' (0.08 ACRES±) L=23.47' SOUTH LINE OF LOT 1 ' N89'41'34"W 115 05' ta•gi' 70' R/W t w $ 7 Q i � 3 J 0 o W LO � x I O:I 3 � rci o N 70' R/W ----------------------------- 26t h STREET (WA LKERAVE.) TOWNSHIP 32 SOUTH SOUTH LINE TRACT 14 N89^41'34^W _ I.R.F.W.C.D. SUB -LATERAL 'A-3' CANAL ,WNSHIP 33 SOUTH (30' R/W PER P.B.S. 2, PG 25) GRAPHIC SCALE 30 0 30 ( IN FEET ) 1 inch = 30 ft. PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS WITH SHEET 2 BEING THE This is not a Boundary Survey SKETCH OF DESCRIPTION AGENCY: IND/AN RIVER COUNTY, FL Legend and Abbreviations I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC (P) = PLAT PBS = PLAT BOOK ST. LUCIE A=DELTA ANGLE SQ. FT. = SQUARE FEET R = RADIUS NV R = RIGHT-OF-WAY PUBLIC WORKS DEPT./ENG/NEER/NG Dw Sketch and Lega/Description DATE: DRAWN BY: 12/06/16 R_ 1A/GLETT ' fol ;" 1 n=30' 2 OF 2 INDIAN RIVER COUNTY (260552ndAVENUE) P104 POINT OF BEGINNING $ LESS AND EXCEPT SOUTHWEST CORNER LOT 1. BLOCK "C' DODOERTOWN SUBDIVISION, PLAT BOOK 3, PAGE 49 � rci 26t h STREET (WA LKERAVE.) TOWNSHIP 32 SOUTH SOUTH LINE TRACT 14 N89^41'34^W _ I.R.F.W.C.D. SUB -LATERAL 'A-3' CANAL ,WNSHIP 33 SOUTH (30' R/W PER P.B.S. 2, PG 25) GRAPHIC SCALE 30 0 30 ( IN FEET ) 1 inch = 30 ft. PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS WITH SHEET 2 BEING THE This is not a Boundary Survey SKETCH OF DESCRIPTION AGENCY: IND/AN RIVER COUNTY, FL Legend and Abbreviations I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC (P) = PLAT PBS = PLAT BOOK ST. LUCIE A=DELTA ANGLE SQ. FT. = SQUARE FEET R = RADIUS NV R = RIGHT-OF-WAY PUBLIC WORKS DEPT./ENG/NEER/NG Dw Sketch and Lega/Description DATE: DRAWN BY: 12/06/16 R_ 1A/GLETT ' fol ;" 1 n=30' 2 OF 2 INDIAN RIVER COUNTY (260552ndAVENUE) P104 CONSENT_ AGENDA: 2_/7/17 Office of �6 INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal — Deputy County Attorney DATE: January 20, 2017 10" SUBJECT: Resolution Formally Designating a Portion of County Owned Property for 26"' Street and 54th Avenue Right -Of -Way The County was approached by Michael J. Giessert and Lisa B. Giessert, asking if the County desired to purchase their property located on the northwest corner of 26th Street and 54h Avenue for the County's future 26th Street widening project; and in September, 2016 the County did purchase the property (a metes and bounds description within Tract 14, Section 33, Township 32 South, Range 39 East) for future road expansion of 26th Street in order to avoid future expert witness costs and attorney's fees in an eminent domain process which would ultimately be necessary when the road expansion project was ready to proceed. The intent of the County is to now earmark by a formal document that portion of the property for right-of-way so that the remainder can be re -sold and put back on the tax rolls. In this regard, a resolution has been prepared to designate a portion of that property for future right-of-way, thus alleviating any boundary issues that may surface in the future with respect to the re -selling of the remainder property. FUNDING: The only cost associated with this matter will be recording fees for recordation of the resolution in the amount of $61.00. Funding for this expenditure is budgeted and available in Account No. 10215241-066120-06011 (Traffic Impact Fees/District 2; 26" Street, 43d Avenue to 58th Avenue, right-of-way). RECOMMENDATION: Adopt the resolution, and authorize the Chairman to execute same for recordation in the Public Records of Indian River County, Florida. nhm attachment cc: Mapping Section, IRC Property Appraiser's Office P105 RESOLUTION NO. 2017- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, FORMALLY DESIGNATING CERTAIN COUNTY OWNED PROPERTY FOR 26TH STREET AND 54TH AVENUE RIGHT-OF-WAY, AND DIRECTING THE PROPERTY APPRAISER TO CUT OUT THE PROPERTY DESIGNATED AS RIGHT-OF- WAY FROM THE PARENT PARCEL (METES AND BOUNDS DESCRIPTION WITHIN TRACT 14, SECTION 33, TOWNSHIP 32 SOUTH, RANGE 39 EAST, IN INDIAN RIVER COUNTY, FLORIDA). WHEREAS, Michael J. Giessert and Lisa B. Giessert approached the County to determine if their property at 2625 54th Avenue would be impacted by the future 26th Street widening project; and WHEREAS, on September 21, 2016 Indian River County purchased the property from Michael J. Giessert and Lisa B. Giessert, for future road expansion of 26th Street; said conveyance was recorded 'in Book 2967 at Page 162 of the Public Records of Indian River County, Florida; and WHEREAS, the purpose of purchasing the property at this time was to avoid expert witness costs and attorney's fees that would be incurred through the eminent domain process at the time the right-of-way was needed; and WHEREAS, the intent of the County is to now earmark by a formal document that portion of the property for right-of-way so that the remainder can be re -sold and put back on the tax rolls; and WHEREAS, a sketch and legal description of the right-of-way have been prepared and are attached hereto as Exhibit "A"; and 1 P106 RESOLUTION NO. 2017 - WHEREAS, a sketch and legal description have been prepared for the remainder property and are attached hereto as Exhibit "B"; and WHEREAS, it would be beneficial to designate by a recorded instrument the County's designation of this right-of-way identified in the attached Exhibit "A" so that the Indian River County Property Appraiser can earmark the property as right-of-way on the appropriate maps, as well as cut out the designated right-of- way from the parent parcel, thus alleviating any potential boundary issues that may surface in the future with respect to the re -selling of the remainder property identified in the attached Exhibit "B'', NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. The portion of property as described and depicted on the attached Exhibit 'A" is hereby formally designated as right-of-way; and 2. This resolution shall be recorded in the Public Records of Indian River County, Florida; and 3. Upon the recordation of this Resolution, the Indian River County Property Appraiser is instructed to cut out the designated right-of-way as depicted and described on the attached Exhibit "A" from the parent parcel, and accordingly earmark any maps within the Property Appraiser's Office to reflect this designation. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: 2 P107 RESOLUTION NO. 2017 - Chairman Joseph E. Flescher Vice Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Tim Zorc Commissioner Bob Solari --- - - - — - - -The-Chairman thereupon -declared -the -resolution duly -passed -and adopted �- this day of February, 2017. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk APPROVED AS TO FORM AND LS FFIC Y BY ` WILLIAMDEBRAAL- DEPUTY COUNTYATTORNEY Joseph E. Flescher, Chairman 3 P108 Sketch and Lega/Description fora INDIAN RIVER COUNTY Leqal Description (Richt -of-Wav Acouisition BEING A PARCEL OF LAND LYING IN SECTION 33, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY FLORIDA, SAID PARCEL ALSO BEING A PORTION OF TRACT 14, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 25, ST LUCIE COUNTY, FLORIDA, SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL ALSO BEING A PORTION OF A TRACT OF LAND AS DESCRIBED IN OFFICIAL RECORD BOOK 2967, PAGE 162, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT 14, THENCE NORTH 00'26'55" EAST, ALONG THE WEST LINE OF SAID TRACT 14, A DISTANCE OF 44.00 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL; THENCE CONTINUE ALONG SAID WEST LINE, NORTH 00'26'55" EAST, A DISTANCE OF 36.00 FEET; THENCE DEPARTING SAID WEST LINE, SOUTH 89'41'34" EAST, ALONG A LINE THAT IS 80.00 FEET NORTH OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OF SAID TRACT 14, A DISTANCE OF 146.32 FEET; THENCE NORTH 45°2241" EAST, A DISTANCE OF 35.40 FEET TO THE EAST LINE OF SAID TRACT OF LAND AS RECORDED IN OFFICIAL RECORD BOOK 2967, PAGE 162, OF SAID PUBLIC RECORDS. SAID LINE ALSO BEING THE WEST LINE OF A 20.00 FOOT WIDE RIGHT-OF-WAY AS DESCRIBED IN OFFICIAL RECORD BOOK 194, PAGE 682, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTH _ 00'26'55" WEST, ALONG SAID LINE A DISTANCE OF 61.00 FEET TO THE NORTH LINE OF PARCEL _"A" , BEING A 14.00 FOOT WIDE STRIP OF LAND AS SHOWN IN PLAT BOOK 14, PAGE 18, OF SAID PUBLIC RECORDS AND THE T NORTH RIGHT OF WAY LINE OF 26th STREET (WALKER AVENUE); THENCE NORTH 89'41'34" WEST, ALONG SAID NORTH LINE, SAID LINE BEING 44.00 FEET NORTH OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OF SAID TRACT 14, A DISTANCE OF 171.32 FEET TO THE POINT OF BEGINNING. CONTAINING 6480 SQUARE FEET, (0.15 ACRES) MORE OR LESS Surveyor's Notes 1). THIS SKETCH AND LEGAL DESCRIPTION WAS PREPARED WITH THE BENEFIT OF A BOUNDARY SURVEY PREPARED BY INDIAN RIVER COUNTY ENGINEERING DEPARTMENT, JOB NO. 1645, DATED DECEMBER 8, 2016. TOGETHER WITH THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION, RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. 2).THIS LEGAL DESCRIPTION SHALL NOT BE VALID UNLESS: (A) PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS, WITH SHEET 2 SHOWING THE SKETCH AND LEGAL DESCRIPTION. (B) REPRODUCTIONS OF THE DESCRIPTION AND SKETCH ARE SIGNED AND SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 3). THE BEARINGS SHOWN HEREON ARE REFERENCED TO THE SOUTH LINE OF TRACT 14 AS SHOWN ON THE LAST GENERAL PLAT OF INDIAN RIVER FARMS COMPANY SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 25, ST LUCIE, NOW INDIAN RIVER COUNTY, FLORIDA. SAID LINE BEARS NORTH 89'41'34" WEST AND ALL OTHERS ARE RELATIVE THERETO. Legend and Abbreviations I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC O.R.B.= OFFICIAL RECORD BOOK (P) = PLAT P_B_= PLAT BOOK PGE = PAGE PBS = PLAT BOOK ST. LUCIE A=DELTA ANGLE SQ. FT = SQUARE FEET R = RADIUS RAN = RIGHT-OF-WAY Certification (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF I FURTHER CERTIFY THAT THIS SKETCH AND DES t�R�P_TfN°MEETS TWEiaTANLARDS OF PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA'PSi6CES--j 'N�AL`96ARD16F SURVEYORS AND MAPPERS IN CHAPTER 5J-17.652 FL O iDAA�MINi9T-V4T4VE CQDE, PURSUANT TO SECTION 472.027 FLORIDA STAT STA a13's. tM DATE OF SIGNATURE DAVID, _M._$,LON PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS WITH SHEET 2 BEING THE SKETCH OF DESCRIPTION This is not a Bou AGENCY: SND/AN RIVER COUNTY, R PUBLIC WORKS DERZANCIN£ERINO DIX 7 N/A > OF 2 MAPPER Sketch ano(L g escription for.' /ND/AN RIVER COUNTY (262554t17A VENUE) EXHIBIT "A" P109 S/retcfi and L ega/Description S89°41'34"E - M H U Q F- M d' ori for /NDIANR/VER COUNTY 171.32' , ------------------------------- ------------------------------------------ F- < ------------------------------ f—Q o, ,4:; `R I O.R.B. 2967, PAGE 162 2625 54th AVENUE t � v � M l w STREET (WALKER A VIE.) ; o Z ' S89'41'34"E - 146.32' N Q �; 15 ACRES�S±) 0 N w Z M d- � M OD to It In U7 .0 N O O In 2 � om o� 20XI0 i 0; N89.41'34"W - 171.32' NOI< IM R/W LINE Lu LO LO t , '- w STREET (WALKER A VIE.) ; o N Q �; 26th a 14 0' ; z ' tpi ' ' ' '`1 PARCEL -A' , � C-4 TOWNSHIP 32 SOUTH P.B.14, PGE 18 ' —' , m i a j _ j_ _ 171.32'(M) SOUTH LINE TRACT 14 FOUND 1"IRON PIPE. (UNNUMBERED) S89'41'34"E - 1327.07'(M) S.W. CORNER TRACT 14 TOWNSHIP 33 SOUTH FOUND 1-1/4" IRON PIPE POINT OF I.R.F.W.C.D. SUB -LATERAL 'A-3' CANAL ER S.E. CO . TRACT 14 COMMENCEMENT (30' RNV PER P.B.S. 2, PG 25) SOUTHWEST CORNER TRACT 14 Legend and Abbreviations SEC77ON 33, T32$ R39E I.R.F.W.C.D. = INDIAN RIVER FARMS PBS = PLAT BOOK ST. LUCIE GRAPHIC SCALE WATER CONTROL DISTRICT A=DELTA ANGLE 30 L - LENGTH OF ARC SQ. FT. = SQUARE FEET o O.R.B.= OFFICIAL RECORD BOOK R = RADIUS (P) = PLAT RNV = RIGHT-OF-WAY P.B.= PLAT BOOK ( W FEET) PGE = PAGE 1 inch = 30 Pt. FROVIDEDIN ITS ENTIRETY CONSISTING OF2 SHEETS Thies io .,.,f Q.,.....40... C......... AULNL:T: INDIAN RIMER COUNTY, FL PUBLIC WORKS DEPT./ENGINEER/NO DIV. 1/23/f7 �2OF2 Sketch and Lega/Description for INDIAN RIVER COUNTY (262554th A VENUE) Pilo Sketch and L ega/ Description for." INDIAN RIVER COUNTY Legal Description (o.r.b. 2967, page 162 Remainder) THE NORTH 160 FEET OF THE SOUTH 189.43 FEET OF THE WEST 171.31 FEET OF TRACT 14, SECTION 33, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF THE LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION, RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. LESS THAT PORTION FOR ADDITIONAL RIGHT-OF-WAY AS SET FORTH IN PLAT BOOK 14, PAGE 18, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. Less and Except the Following: BEING A PARCEL OF LAND LYING IN SECTION 33, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY FLORIDA, SAID PARCEL ALSO BEING A PORTION OF TRACT 14, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 25, ST. LUCIE COUNTY, FLORIDA, SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL ALSO BEING A PORTION OF A TRACT OF LAND AS DESCRIBED IN OFFICIAL RECORD BOOK 2967, PAGE 162, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT 14; THENCE NORTH 00°2655" EAST, ALONG THE WEST UNE OF SAID TRACT 14, A DISTANCE OF 44.00 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL; THENCE CONTINUE ALONG SAID WEST LINE, NORTH 00°26'55" EAST, A DISTANCE OF 36.00 FEET; THENCE DEPARTING SAID WEST LINE, SOUTH 89°41'34" EAST, ALONG A LINE THAT IS 80.00 FEET NORTH OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OF SAID TRACT 14, A DISTANCE OF 146.32 FEET; THENCE NORTH 45"22'41" EAST, A DISTANCE OF 35.40 FEET TO THE EAST LINE OF SAID TRACT OF LAND AS RECORDED IN OFFICIAL RECORD BOOK 2967, PAGE 162, OF SAID PUBLIC RECORDS, SAID _LINEA_ LSO_BEING THE_WEST_LINEOF_A20.00_FOOLWJDE.RIGHT_OF_WAY_AS_DESCRIBED_INOFACIALRECORD_BOOKA94,:P_AGE_682, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTH 00°26'55" WEST, ALONG SAID LINE A DISTANCE OF 61.00 FEET TO THE NORTH LINE OF PARCEL "A' , BEING A 14.00 FOOT WIDE STRIP OF LAND AS SHOWN IN PLAT BOOK 14, PAGE 18, OF SAID PUBLIC RECORDS AND THE NORTH RIGHT OF WAY LINE OF 26th STREET (WALKER AVENUE); THENCE NORTH 89°41'34" WEST, ALONG SAID NORTH LINE, SAID LINE BEING 44.00 FEET NORTH -OF -AND -PARALLEL WITH, AS MEASURED AT RIGHT-ANGLES— TO, THE SOUTH LINE OF SAID TRACT 14, A DISTANCE OF 171.32 FEET TO THE POINT OF BEGINNING. CONTAINING 18,436 SQUARE FEET, (0.42 ACRES) MORE OR LESS Surveyor's Notes 1). THIS SKETCH AND LEGAL DESCRIPTION WAS PREPARED WITH THE BENEFIT OF A BOUNDARY SURVEY PREPARED BY INDIAN RIVER COUNTY ENGINEERING DEPARTMENT, JOB NO. 1645, DATED DECEMBER 8, 2016. TOGETHER WITH THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION, RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. 2).THIS LEGAL DESCRIPTION SHALL NOT BE VALID UNLESS: (A) PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS, WITH SHEET 2 SHOWING THE SKETCH AND LEGAL DESCRIPTION. (B) REPRODUCTIONS OF THE DESCRIPTION AND SKETCH ARE SIGNED AND SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 3). THE BEARINGS SHOWN HEREON ARE REFERENCED TO THE SOUTH LINE OF TRACT 14 AS SHOWN ON THE LAST GENERAL PLAT OF INDIAN RIVER FARMS COMPANY SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 25, ST LUCIE, NOW INDIAN RIVER COUNTY, FLORIDA. SAID LINE BEARS NORTH 89°41'34" WEST AND ALL OTHERS ARE RELATIVE THERETO. Legend and Abbreviations I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC O.R.B.= OFFICIAL RECORD BOOK (P) = PLAT P.B.= PLAT BOOK PGE = PAGE PBS = PLAT BOOK ST. LUCIE A=DELTA ANGLE SQ. FT. = SQUARE FEET R = RADIUS RNV = RIGHT-OF-WAY PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS WITH SHEET 2 BEING THE SKETCH OF DESCRIPTION Certification (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. t'�9s�4ta�o t►�8��. [ r; I FURTHER CERTIFY THAT THIS SKETCH AND DESK IM(iI�TS=THVti!.. ANNJ RDS OF R PRACTICE FOR SURVEYS SET FORTH BY THE FLO DAI�..E8V y+,4ALS6ARD OF SURVEYORS AND MAPPERS IN CHAPTER SJ -17.0'2 FLOft1 A MMINIS-RAT1VE CCbE, PURSUANT TO SECTION 472.027 FLORIDA STATE STAT ' S. DATE OF SIGNATUREDAVID M. SILON This is not a AGENCY: /ND/AN RIVER COUNTY, FL PURL/C WORKS DEPTIENGINEZANG MY. 17 R. JUrVey FLORtDAdG,E�1TIFIC14TE'NO. 6139 a- Sketch and Lega/bescription for. N/A ArrKUVtL UT: 10.SILON INDIAN RIVER COUNTY 1 OF 2 OB NO:(2625 54th A VENUE) 1645 FXHIRIT "R" P111 S/retch and L ega/Description for• /NDIANRIVER COUNTY S89'41'34"E — 171.32' f ''WEST 171.,31",/ /'j' ', F- Z': co F+• F �'� rte!/ ; tip ` / :fir'x 18436 SQ. Fi.t. = N, Lo Lai// ! / o / {0.42 ACRES±) I v� : ,, % • �r� . � �% O.R.B. 2967, PAGE 162yi 2625 54th AVENUEco W I . t i ) O t — co o i N tD i p t7 14.0' *A— O z Z to: cv IX /,S89'41'34"E — 146.32' i LESS AND EXCEPT CONTAINING 6480 SQ. FT.± (0.15 ACRES±) NORTH LINE OF PARCEL 'A' ' N89'41'34"W 3 U O (D cV �- O (o O N �~ =v c� rn 20' w 1 0 DRAWN BY: 1/24/17 R /NGLETT for APPROVED BY: D.SILON INDIAN RIVER COUNTY 2 OF 2 I OB NO: 1645 (262554th A VENUE) P112 �..- w N t — co 26th STREET (WALKER A VE.) ; o w I 1 o`�� ora 14.0' *A— Z to: cv PARCEL --J TOWNSHIP 32 SOUTH P.B.14. PCE 19 ; M 171.32'(M) SOUTH LINE TRACT 14 ' FOUND 1'IRON PIPE. S89'41'34"E - 1327.07'(M) 3 WNCORNER TRACT 14 TOWNSHIP 33 SOUTH FOUND 1-1/4" IRON PIPE OF I.R.F.W.C.D. SUB -LATERAL 'A-3' CANAL &ENUMB COREREDPOINT TRACT 14 COMMENCEMENT (30' RNV PER P.B.S. 2, PG 25) LESS AND EXCEPT Legend and Abbreviations SOUTHWEST CORNER TRACT 14 sECT1ON M. T32S, R39E I.R.F.W.C.D = INDIAN RIVER FARMS PBS = PLAT BOOK ST. LUCIE GRAPHIC SCALE WATER CONTROL DISTRICT A=DELTA ANGLE 30 L = LENGTH OF ARC SQ. FT. = SQUARE FEET D 30 O.R.B.= OFFICIAL RECORD BOOK R = RADIUS (P) = PLAT RNV = RIGHT-OF-WAY P.B.= PLAT BOOK PGE = PAGE { IN FEET) PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS WITH SHEET 2 BEING THE SKETCH OF DESCRIPTION 1 inch = 30 ft. This is not a BoundarySurvey AGENCY: IND1AN RIVER COUNTY, FL Pv&lc WORKS DEPT./ENG/NEER/NG D/Y. Sketch and Loaa/Description DRAWN BY: 1/24/17 R /NGLETT for APPROVED BY: D.SILON INDIAN RIVER COUNTY 2 OF 2 I OB NO: 1645 (262554th A VENUE) P112 1A INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason Brown, County Administrator THROUGH: Michael C. Zito, Assistant County Administrator FROM: Bela Nagy, Director of Golf SUBJECT: Award of Bid No: 2017016 Lakes Golf Course Irrigation System Project DATE: January 17, 2017 DESCRIPTION AND CONDITIONS The Lakes Golf Course at Sandridge Golf Club opened for play in 1992. Since that time, the course has operated with the original irrigation system. This system is now over twenty-five (25) years old, including the grow -in period of the course. The irrigation system on the Dunes Course was replaced in 2014 and at that time Staff recommended to the Board of Commissioners to provide a conceptual approval of an interfund loan from the General Fund (Not to exceed $1 million) to provide funding to replace the irrigation system on the Dunes Course. Staff contracted with Aqua Turf International to design the new irrigation system on the Lakes Course as well as the specifications for the entire project. A pre-bid meeting was held at Sandridge Golf Club on December 14, 2016, and the bid opening was held on January 10, 2017. Two (2) bids were received and opened. A detailed bid tabulation is on file and available for viewing in the Purchasing Division. Bid totals are as follows: Contractor Location Base Bid Duininck-SEI Prinsburg, MN $1,246,000.00 Mid American Golf & Landscape Lees Summit, MO $1,507,714.25 Duininck, Inc. is considered to be the lowest, responsive, responsible bidder for the project with a bid totaling $1,246,000.00 for Base Bid. The project should commence on May 1, 2017 with a 120 day completion deadline. P113 PAGE 2 Lakes Course at Sandridge Golf Club Irrigation Project — Award of Bid January 24, 2017 Agenda Item FUNDING For this project, Staff is requesting initial authorization for an interfund loan in a not to exceed amount of $1,246,000 for the Lakes Golf Course Irrigation System Project. As noted previously, this project is estimated to commence on May 1, 2017 (end of peak tourism season) and provides the contractor with 120 days from the commencement date to complete the work. At that time, staff will re-evaluate funds available and determine the final amount of the interfund loan required. Staff anticipates that the interfund loan will be in an amount less than the $1,246,000 bid amount. Staff will then bring back to the Board a separate agenda item with a specific loan amount, term, and interest rate. RECOMMENDATION Staff recommends that the project be awarded to Duininck, Inc., for the Irrigation Project on the Lakes Course at Sandridge Golf Club in the amount of $1,246,000.00 and requests that the Board of County Commissioners approve the attached sample agreement and authorize the Chairman to execute said agreement after receipt and approval of the required Public Construction Bond and certificate of insurance and after the County Attorney has approved the agreement as to form and legal sufficiency. ATTACHMENTS 1. Sample Agreement DISTRIBUTION 1. Michael C. Zito, Esq., Assistant County Administrator 2. Duininck, Inc. APPROVED AGENDA ITEM FOR: February 7, 2017 P114 Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and Duininck, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1- WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents: The Work is generally described as follows: Installation of irrigation system improvements at Sandridge Lakes Golf Course. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Bid Number: Project Address: ARTICLE 3 - CONTRACT TIMES 3.01 Time of the Essence Lakes Golf Course Irrigation System Project 2017016 Sandridge Golf Club 5300 73rd Street Vero Beach, FL 32967 A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the specifications are of the essence of the Contract. 3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be completed and ready for final payment on or before the 120th day after the date when the Contract Times commence to run (estimated to begin May 1, 2017). 3.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.02 above, plus any extensions thereof allowed in writing as a change order to this agreement. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall Page 1 of 7 — P_115 pay OWNER $ 1,148 for each calendar day that expires after the time specified in paragraph 3.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.B, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount: $1,246,000.00 Written Amount: one million, two hundred forty-six thousand dollars ARTICLES - PAYMENT PROCEDURES 5.01 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by CONSULTANT in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by CONSULTANT in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and .acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Bid and Specification Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 5.02 Pay Requests. A. Each request for a progress payment shall contain the CONTRACTOR'S certification. All progress payments will'be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (SO%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or Page 2 of 7 P116 the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.785(8)(c)(2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 5.03 Paragraphs 5.01 and 5.02 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 5.04 Acceptance of Final Payment os Releose. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under this Agreement, the Invitation to Bid or the Public Construction Bond. ARTICLE 6 - INDEMNIFICATION 6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the construction contract. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. Page 3 of 7 D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLES: CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 1 to 7 of 7, inclusive); 2. Notice to Proceed 3. Public Construction Bond (pages -„_ to __., inclusive); 4. Certificate of Liability Insurance 5. Irrigation System Material and Installation Specifications (pages 1 to 44, inclusive) 6. Drawings consisting of a cover sheet and sheets numbered OVR, M1 to M2, EL1, EL2, D1. D2, with each sheet bearing the following general title: Sandridge Golf Course -Lakes Course; 7. Addenda (numbers 1 to 3, inclusive); Page 4 of 7 P118 8. CONTRACTOR'S'Bid Form (.pages 12 to 15 of 32; inclusive); 9. Bid Bond (pages 1 to 5 inclusive); 10. Bidders Questionnaire (page 9 to 11 of 32, inclusive); 11. Affidavit of Compliance (page 17 of 32); 12. Sworn Statement Under the Florida Trench Safety Act (pages 20 to 21 of 32, inclusive),- 13. nclusive);13. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 18 to 19 of 32, inclusive); i4. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). 15. Contractor's Application for Payment; 16. Contractor's Final Certificate of the Work ARTICLE9 - MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the, written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. Page 5 of 7 P119 9.05 Venue A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes, The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County'to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 Publicrecords@ircl;ov.com Indian River County Office of the County Attorney 1801271'' Street Vero Beach; FL 32960 Page 6 of 7 _F'120 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on _ 20_ (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY ' By: - Joseph E. Flescher, Chairman By: Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: Bela Nagy Title: Director of Golf Sandridge Golf Club 5300 73rd Street Vero Beach, FL 32967 (772) 770-5003 Facsimile: (772) 770-5109 Page 7 of 7 CONTRACTOR: By: (Contractor) (CORPORATE SEAL) Attest Address forgiving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) P121 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. 1 Morgan & Eklund, Inc. Post Hurricane Matthew Beach Profile Surveys DATE: January 25, 2017 DESCRIPTION AND CONDITIONS On October 4, 2016, the Board approved a contract with Morgan & Eklund, Inc. (M&E) for Professional Land Surveying and Mapping Services for a two-year term. The Board amended the contract on October 18, 2016. M&E is the selected County Consultant for professional onshore/offshore hydrographic surveying services. On October 18, 2016, the Board approved Work Order No. 1 to this contract for services related to hydrographic surveying (beach profile) following Hurricane Matthew. Work Order No. 1 totaled $31,500. To date all tasks are 100% complete. The total amount of retainage withheld under Work Order No. 1 is $3,150. M&E is requesting the release of all withheld retainage in the amount of $3,150. FUNDING Local funding for the Work Order No. 1 expenditure was from the Other Contractual Services — Matthew, Account No. 12814472-033490-17001. Funding for the release of retainage will be provided from Account No. 128206000-17001. C:\Users\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@7C05D6F2\@BCL@7C05D6F2. docx P122 Page 2 BCC Agenda Item February 7, 2017 RECOMMENDATION Staff recommends the Board approve the release of all withheld retainage under Work Order No. 1 in the amount of $3,150. ATTACHMENT Morgan and Eklund, Inc. Invoice No. 1-16-1774, dated December 22, 2016. APPROVED AGENDA ITEM FOR: FEBRUARY 7, 2017 C:\Users\GRANIC—I\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@7C05D6F2\@BCL@7C05 D6F2. docx P123 r- �j,•, PROFESSIONAL CONSULTANTS December 22, 2016 Indian River County Attn: Mr. James Gray 1801— 27th Street, Building A Vero Beach, Florida 32960 FINAL INVOICE Invoice #: 1-16-1774 Commission #: 5315.31 Contract No. 1605 2016-2017 RE: Invoice for professional survey services rendered in conjunction with Indian River County Post Hurricane Matthew Coastal Monitoring Survey; Onshore/Wading Depth Profiles along FDEP Range Lines R-30 to R-119 (90 Lines) Retainage Due Inv #1-16-1743 $23,800.00 less 10% Retainage ................................... $ 2,380.00 Retainage Due Inv #1-16-1756 $7,700 less 10% Retainage .......................................... $ 770.00 TotalInvoice Amount Due.................................................................. $ 3,150.00 I INDIAN RIVER COUNTY PUBLIC WORKS / DIRECTOR IIM P -4'r [—ACCT.—* r' 1 Ffi� 2 CgNiRi9�`(. L. S 44-V It - F-111 I I I PC w Terms: Net 30 Days ** Please remit payment to our Wabasso PO Box. Thankyou. 8745 U.S. HIGHWAY 1, P.O. BOX 701420, WABASSO, FL 32970-1420 • PHONE: (772) 388-5364 • FAX: (772) 388-3165 • jmorganQmorganeklund.com 1159 SW lot Way, DEERFIELD BEACH, FL 33441 • PHONE: (954) 421-6882 • FAX: (954) 421-0451 • pvouteQnmorganeklund.com P124 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason Brown; County Administrator THROUGH: Stan Boling, AICP; Community Development Director THROUGH: Phil Matson, AICP; MPO Staff Director Rich Szpyrka, P.E.; Public Works Director FROM: Andy Sobczak, Senior Transportation Planner DATE: January 25, 2017 SUBJECT: Request for Board Authorization for Design of South US Highway 1 Median Landscape Improvements and County Welcome Sign It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of February 7, 2017. DESCRIPTION & CONDITIONS At the January 19, 2016 Board of County Commissioners Meeting, Chairman Bob Solari introduced an item under Commissioners Matters regarding the addition of a County welcome sign within the south US 1 corridor. During that discussion, Chairman Solari stated that the main concerns among residents along the south US 1 corridor were a county welcome sign and the addition of landscape improvements. At the conclusion of the discussion, the Board directed staff to look into welcome sign options (see attachment 1). Since that time, staff has explored options for the design and implementation of median landscaping improvements and installation of a welcome sign. Recently, citizens and representatives from several Homeowners Associations (HOAs) associated with subdivisions located along south US 1 provided staff letters of support for improvements to the south US 1 corridor. Specifically, homeowners requested provision of a county welcome sign and landscaping along the recently widened section of south US 1. Located between Oslo Road and the south county line, the f2 mile stretch of south US 1 was recently widened by the Florida Department of Transportation (FDOT). During the design phase of that widening project, FDOT revised its guidelines for landscaping. As such, while previous FDOT roadway projects included project -wide landscaping improvements (proportionate to a percentage of the overall project cost) the guideline revisions removed that requirement. In addition, the clustering of landscaping near project focal points, such as at interchanges and C W.rn\GBAHIG-I V.ppDN ..l—p—T.ch Io iwk y5 FTgBCL@-5F88C4BCl.(a_-5F88C dote P125 entrances to cities and counties, became the preferred design template in place of a project -wide distribution of landscaping improvements. In the case of the south US 1 project, landscape improvements were clustered near the southern limit of the project where US 1 crosses into St. Lucie County but were not provided along the median, all in keeping with FDOT's revised guidelines. To provide south USI median landscaping improvements and a welcome sign at the South County line, staff now proposes that the County secure professional design services and seek grant funding. ANALYSIS To obtain funding for median landscaping improvements, staff proposes to obtain professional design services, then submit an application in September 2017 for state grant funding. The grant, known as the Florida Highway Beautification Grant, is a state-wide competitive grant. In order to improve the chances of obtaining the grant, a 100% grant match (totaling $100,000) will be needed from the County's Tree Ordinance Fund. That fund consists of monies collected from private developers as mitigation for removing trees on development sites. In accordance with County Code Section 927.11(1)(d)(3)(c) money from the fund can be used for `relocating trees or for planting trees on public -controlled lands', such as the roadway medians of south US 1. Each year, the maximum Beautification Grant award to any one recipient is approximately $100,000. Paring a successful grant application with the county's match, a total of $200,000 may be available for the addition of median landscaping. Since the Beautification Grant is a highly competitive state-wide grant, with a maximum of ten recipients per year, it is possible that grant funding will not be obtained. If so, the project will be limited to the $100,000 county contribution for landscaping. In either case, it is anticipated that the median landscaping project will be completed by mid -2018. In addition to a grant match, the Highway Beautification Grant application requires a landscape plan completed by a registered landscape architect. As such, county staff requested a proposal from its general planning consultant, Kimley-Horn & Associates, Inc., for completion of a landscape plan and design of a county welcome sign for placement within the project limits (as part of a separate construction project). It is anticipated that the welcome sign design may be used for signs at other entry way locations. The attached proposal from Kimley-Horn & Associates, Inc. includes the consultant's completion of a landscape plan meeting all technical specifications for landscape located within roadway medians, permitting of landscape installation through all applicable agencies, such as the Florida Department of Transportation, and the design of a county welcome sign to be constructed within the project limits as part of a separate county welcome sign project. Once designed, construction of the welcome sign could proceed ahead of the median landscaping improvements. C:\U.m\GRAMC—INppDwV.oc.l\Temp\BCL Tc .Io ,.\ yp 7,gRCL@D1p5FE O@BCLCaD 05p88C. . 2 P126 FUNDING • Design services funding is budgeted in Secondary Roads/Other Contractual Services/Annual Survey Services Account No. 10921441-033490-05007 in the amount of $65,025.00. • Landscape improvements funding is budgeted in the County's Tree Ordinance Fund Account No. 11721072-033190 in the amount of $100,000.00 for the state grant application match; and, if successful, will be paired with $100,000.00 in funding from the Florida Highway Beautification Grant. RECOMMENDATION Staff recommends that the Board of County Commissioners: 1. Approve the attached Work Order No. 9 to Kimley-Horn & Associates, Inc. authorizing professional design services for south US 1 median landscape improvements and welcome sign. 2. Authorize the Chairman to execute the attached Work Order No. 9 on the Board's behalf for a lump sum amount of $65,025.00. 3. Authorize expenditure of $100,000.00 from the County's Tree Ordinance Fund for installation of landscaping improvement within the south US 1 median and to use such funds as the local match for a state highway beautification grant. ATTACHMENTS 1. BCC minutes on previous entry sign discussion 2. South US 1 Aerial Map 3. Work Order No. 9 CAU.m\GR ]\AppDtl.W ATcmOSB TaMo1a ki \evyMF 7gBCI!_m. 5MCq—@D 05F8MC . P127 11:35 a.m. 14. 11:39 a.m. V MOTION by Commissioner Davis, SECONDED by Commissioner Bryan, the Board unanimously directed the Attorney's Office to pose House Bill 1387 / Senate Bill 1192. (4)S ate Bill 1052 Environmental Control applies to Water Districts. The la uage could impact the County's ability to manage solid waste via the unty's.landfill, and would tie the County's hands with future alternative ptions. Attorney Pingolt Cotner and Director of Utility Services Vin nt Burke recommended opposing the legislation as it is currently wri n. Chairman Solari Nquested Attorney Pingolt Cotner to bring this item back to the Board i ebruary, which would allow the Board more time to review the details o the Bill. (5) House Bill 1015 / S ate Bill 1222 Millage Rates will revise the method for computing rol ack rates for purposes of determining the maximum millage rates for . rtain local governments. Management and Budget Director Jason rown and Attorney Pingolt Cotner recommended opposing the legis tion as it is currently written. ON MOTION by Commissioner 'Bryan, SECONDED by Vice Chairman Flescher, the Board unanously directed the Attorney's Office to oppose House Bill 1015 / Sen -t ill 1222. B. All Aboard Florida St. Johns River Water Man ement District Permits __(memorandum dated January 13 20160 233-241 --- ------------------------------------------------ Attorney Reingold provided background co erning the St. Johns River Water Management District Environme Al Resource Permit (ERP) application for the All Aboard Florida AF) project. He requested authorization to seek and bring back the Board for Approval, a Florida law firm familiar with the Di ict permitting process to assist in the overall review and evaluation the District applications and to identify options for potential ,challenge ON MOTION by Vice Chairman Ffescher, SE 210t, Commissioner Zorc, the Board unanimously authorizAttorney to move forward with hiring a Florida law firm to District permitting process, with direction to obtain authori the Board before execution of any contract for services. COMMISSIONERS MATTERS A. Commissioner Bob Solari, Chairman 4K 1. US 1 South County Signage (memorandum dated January 12, 2016) ----------------- .....- - - - --- -- - -- 242 Boardof County Commission Minutes January 19, 2016 Page 10 Attachment 1 P128 Chairman Solari reported that South County residents had expressed a strong interest in adding attractive, high quality signage at the entranceway to Indian River County, now that the new construction project on US 1, in South County, has been completed. A brief discussion ensued amongst the Commissioners regarding signage. Commissioners Flescher and Zorc wanted to see signage at all points of entry into the County. ON MOTION by Vice Chairman Flescher, SECONDED by Chairman Solari, the Board unanimously directed staff to look at all options for appropriate signage for Indian River County, with the idea that over time they may be placed at multiple locations. B.mi Non C. Com] None 14. COMMISSIONER D. Comi None E. Commissioner Tim Zore None 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District None The Board reconvened as the Board of ( Waste Disposal District. Those Minutes are B. Solid Waste Disposal District issioners of the Solid ale separately. Board of County Commission Minutes January 19, 2016 Page 11 Attachment 1 P129 1 6 i — 1 • { �Y 1 MA JON Orl� 59Z kit to tt'tt.4-1 ` i y �■ `rail ;11 10 lot - 11 0 US Highway 1 `• 1 + is �L fiA_ - :_s •�� ••.rte r i' �. .+• r F ` �r 'I.�. ri.::.� ;� ,! i' �' t .Y. �.or e 1 ♦.' tIMA 31 j" Highlands Drive SE LU NN~ +r611•j -� rte- "' �7 �T: t�f'i.° _ 'ti •pC LY li~ / • 'J � r� ��1 _ •[ i .�i 'i. M� t l �l m� � ' % ROM J43 --T �� ■ .A 1. ► .+-^ � � � 1 s • ■ % South County Line :-►;' f - WORK ORDER NUMBER 9 US Highway 1 Landscape Improvements — S. County Line to Oslo Road IRC Project No. 1631 This Work Order Number 9_ is entered into as of this _ day of _ 2017, pursuant to that certain Continuing Contract Agreement for Professional Services, dated November 15, 2011 and that certain Extension and Amendment of Continuing Contract Agreement for Professional Services entered into as of the 4th day of November, 2014 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn & Associates, Inc. ("Consultant"). EXHIBIT A SCOPE OF WORK The COUNTY desires to seek to beautify the above identified corridors by the installation of median landscape improvements which will enhance its aesthetic quality. Proposed landscape improvement PROJECT LIMITS along US Highway 1 (State Road 5) will be implemented between Highland Drive SW and Oslo Road for a total project length of 8,450 feet (1.6 miles). In addition, the COUNTY desires to construct a monument sign(s) along the southern portion of US Highway 1. The COUNTY will provide the survey base map information which the Consultant will utilize to prepare the construction documents upon. The proposed landscape and signage improvements will be designed, permitted and constructed consistent with the Florida Department of Transportation standards. 1. Landscape Plans: The Consultant shall develop Landscape Plans to delineate proposed planting types, scheme development and associated preliminary costs. A conceptual design shall be submitted with the 50% plan submittal. The conceptual design shall include identification of opportunities and constraints associated with the project based on existing site conditions. Summary of analysis, if required, will be included with the conceptual design. 50% Submittal 1. Design review and comment -Submit four hard copy sets of the landscape plans and specifications in 11" x 17" format for COUNTY design review and comment. 2. MOT plan sheets - Submit four hard copy sets included in the landscape plans and specifications. Attachment 3 P131 3. Utility coordination letters will be submitted to franchise utility'operators located within the corridor, requesting information on location, size, etc. related to existing utilities located in the corridor. The information obtained will be reflected in the 50% Submittal. 4. Overall project cost estimate, including maintenance of traffic, will be prepared - Submit two hard copies in 8 %Z" x 11" format. 5. Letters to billboard owners within the project limits will be submitted following COUNTY review of the 50% Submittal. The 90% and 100% Submittals shall include identifying the species/type, size, location, spacing and quality of all plants. All plant material will consist of drought tolerant/ Florida -Friendly species. The Consultant shall include a written or graphic guide for care and maintenance associated with the plant material after the warranty period. The maintenance plan will be developed in coordination with the COUNTY who will assume maintenance obligation. The Landscape Plans will be developed so as to not require an automated irrigation system. Ano/ Ciihmittni 1. A Comment/ Response letter will be prepared addressing each COUNTY 50% Submittal design review comment with a descriptive response. 2. Submit four 90% Submittal hard copy sets of the landscape plans and specifications in 11" x 17" format. 3. MOT plan sheets - Submit four final hard copy sets included in the landscape plans and specifications. 4. Letters of 'no conflict' from all utilities within the project limits - Submit two final hard copies of each in 8 %" x 11" format. Include any additional letters omitted in the first submittal. The Department must have two hard copies of all letters prior to the issuance of the Notice to Proceed with Construction. 5. Letters to billboard owners within the project limits- Submit two final hard copies of each in 8 %" x 11" format. Include any additional letters omitted in the first submittal. 6. Overall project cost estimate, including maintenance of traffic, will be prepared - Submit two hard copies in 8 %" x 11" format. 100% Submittal 1. A Comment/ Response letter will be prepared addressing each COUNTY 90% Submittal design review comment with a descriptive response. 2. Submit four 100% Submittal hard copy sets of the landscape plans and specifications in 11" x 17" format. Plan sets shall be signed, sealed and dated if documents are created by a Landscape Architect. 3. MOT plan sheets - Submit four 100% Submittal hard copy sets included in Attachment 3 P132 the landscape plans and specifications. If the MOT plan is other than the Department Standard Indices, the plan must be signed, sealed and dated by a Professional Engineer. 4. Overall project cost estimate, including maintenance of traffic, will be prepared - Submit two hard copies in 8 %" x 11" format. The following additional data shall be utilized for development of the plans: 1. The roadway plans.sheets will be drawn at a scale of 1" = 40' prepared on 11" x 17" sheets. 2. Plan sheets shall depict existing right-of-way, section lines, property lines, temporary construction easements, and centerline of construction. Horizontal control points with state plane coordinates for all PCs, PT's, curve radius, curve length and horizontal PI's shall be included on the Plan or summarized in an alignment table. 3. Utility adjustment sheets are not included in this scope of services and will be negotiated, if required, as a separate agreement at the completion of the design phase. 4. Match lines shall not be located within the limits of an intersection. 5. All quantities shall reference FDOT Pay Item Numbers. 6. All details shall reference FDOT Index Numbers. 7. All specifications shall reference to FDOT Specifications for Road and Bridge Construction. Any deviations are special specifications not included in FDOT Specifications are required in the Technical Specifications. 8. Initial, interim and Final Plan Submittal shall include the following: L Three (3) Sets of Signed and Sealed Plans. ii. One (1) Opinion of Probable Construction Cost iii. One (1) CD with drawings in PDF format. The plans will be prepared based upon English units. The design will be conducted in MicroStation and Geopak. Final Design files will be provided to the COUNTY in autoCAD format. 2. Monument Signage: The Consultant will be provided a monument sign conceptual design template from the COUNTY adequate to understand intent. From this template the ENGINEER will prepare specific design documents indicating the style, size, materials, finishes, etc. necessary to construct the final approved sign. The Consultant will prepare a family of signs (up to 3) based upon the. conceptual design provided. Attachment 3 P133 3. Permittinp,: The Consultant will submit an application to the Florida Department of Transportation (FDOT), following the 90% Submittal, to permit the proposed landscape and signage improvements proposed by the COUNTY. A draft copy of the permit application packages will be provided to the COUNTY for review. Once the COUNTY's comments have been received and incorporated into the permit packages, the Consultant will submit the package and respond to Request for Additional Information (RAI). Permit application fees and required agency review fees shall be paid by COUNTY. FEE SCHEDULE The COUNTY agrees to pay and the Consultant agrees to accept for services rendered pursuant to this Agreement fees inclusive of expenses in accordance with the following: A. Professional Services Fee The basic compensation mutually agreed upon by the Consultant and the COUNTY is as follows: Lump Sum Components Task Labor Fee Landscape Plans $ 46,125 Monument Signage $ 12,400 Permitting $ 6,500 Work Authorization Total $65,025 TIME SCHEDULE Upon authorization to proceed by the COUNTY, final design documents are expected to take approximately six (6) months from the Notice to Proceed (NTP). NTP 50% Design Submittal 90% Design Submittal 100% Design Submittal Upon BOCC Approval 2 months following NTP 4 months following NTP 6 months following NTP Attachment 3 P134 The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), part of this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit A (Fee Schedule), part of this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit A (Time Schedule), part of this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: KIMLEY-HORN & ASSOCIATES, INC. rr By: Brien ood, P.E. Title: Sr. Vice President By: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Joseph Flescher, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney Attachment 3 P135 Consent Agenda Item INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: January 26, 2017 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager Subject: Pinson Subdivision Petition Water Assessment Project UCP #4126 — Bidding Status: Bid No. 2017015 DESCRIPTIONS AND CONDITIONS: On September 30, 2016, the Indian River County Board of County Commissioners (BCC) adopted Resolution III, confirming the special assessments in connection with water main extension from 2000 to and including 2066 42nd Place and including 4206, 4216, 4220, 4230, 4240, 4250, and 4260 20th Avenue within Pinson Subdivision, and including 2226 42nd Street in Indian River County, Florida. The project was advertised November 28, 2016, and opened December 21, 2016. ANALYSIS: The engineer's opinion of probable construction cost for the project was estimated to be $48,406.95. Although twenty four (24) potential contractors were listed as plan holders on Demandstar, only one (1) prospective bidder submitted a bid proposal. Bids Opened December 21, 2016 Bidder Location Total Bid Amount Increase in Price Johnson Davis, Inc. Lantana, Florida $119,100.00 146% Given that the lowest bid price is approximately $71,000 or 146% over the budgeted amount and only one bid was submitted, staff reached out to Indian River County Department of Utility Services (IRCDUS) labor contractor, Blue Goose Construction. Furthermore, the county has seen an increase in cost on bids opened recently. A list of the anticipated labor and materials quantities was prepared and bid prices from the Blue Goose Construction contract was used to calculate the labor expense. The total material cost was based on unit prices derived from the Annual Contract for Utility Warehouse Stock. The total labor cost estimate for Blue Goose Construction is $41,480.98 (See Attachment 1). The total construction labor cost including the material cost is therefore $63,449.30, a 31% increase from the initial estimate. Please note that the county will purchase the material directly from the approved vendor(s) utilizing our tax exempt status. The total preliminary assessment cost was $48,406.95, C:\Users\GRANIC-1\AppData\Local\Temp\BCL Tech nologies\easyPDF 7\@BCL@FC04CBC2\@BCL@FC04CBC2.docx P136 divided into fifteen (15) benefitting parcels. The deficit will be funded through assessment reserves. FUNDING: The funds for this project will be derived from the Assessment Fund. Assessment Fund revenues are generated from connection fees paid by the benefitting property owners available in the Utilities assessment fund account. The deficit will be funded via fund revenues. Description I Account Number Amount Pinson Subdivision Water Assessment 1 473-169000-16525 t $63,449.30 RECOMMENDATION: Staff recommends, rejection of the bid submitted in response to Invitation to Bid No. 2017015 and approve retaining Blue Goose Construction for the amount of $41,480.98 and also requests that the Board of County Commissioners approve Work Authorization No. 2017-001 (See Attachment 1) and authorize staff to directly purchase materials totaling $21,968.32. ATTACHMENT(s): 1. Work Authorization No. 2017-001 2. Blue Goose Construction Quote 3. Materials Cost Estimate C:\Users\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@FC04CBC2\@BCL@FC04CBC2.docx Page 2 of 5 P137 ATTACHMENT 1 WORK AUTHORIZATION DIRECTIVE No. 2017-001 Pinson Subdivision Watermain'Project BLUE GOOSE CONSTRUCTION DATE OF ISSUANCE: February, 2017 EFFECTIVE 'DATE: February 7, 2017 OWNER: Indian River County CONTRACTOR: Blue Goose Construction CONTRACT:.WATER, SEWER AND. RECLAIM WATER LINE REPLACEMENT./ EXTENSIONS AND MISCELLANEOUS LABOR CONTRACT BID NO. 2015001, AWARDED September 1_2014 PROJECT- Pinson Subdivision Watermain Proiect COUNTY UTILITY PROJECT NO.: UCP #4126 CONTRACTOR'S PROJECT NO.: COUNTY WIP. No. You are directed to proceed promptly with the following work: Description: The project will consist of installing approximately 900 -linear feet of 6 -inch and 2 -inch PVC water main, with water services to each lot. The project will begin at an existing 8 -inch water main gate valve, located along the east side of US Hwy 1 at 42nd Place and conclude at 42nd Street completing a looped system. A wet tap connection to the existing 8" water main will be required at 42nd Street. Attachments:. Attachment 2 Method of determining Contract Price: ❑ Unit Prices: Bid Items as established pursuant to Bid No2015001, and awarded by the Board of County Commissioners on September 9, 2014 to Blue Goose Construction, Inc. ❑ Lump Sum ❑ Cost of the Work The Cost of Labor, Contingency and Contract Time is summarized below: Labor Cost (rounded) _ $41,480.98 Estimated 90 days from NTP Contract Time: ACCEPTED: J REC4rja By: v�------- `" Blue Goose Construction da, P.E. Labor Contractor~ Capital Projects Manager Date: ! I3D it 2 Date: 1 3I 11-1 APPROVED: By: -- COUNTY, CHAIRMAN Joseph E. Flescher Date: BUtilities\UTIUI Y - Engineering\Projects - Assessment Projects\000i\ssessmcnts 2016_Proposed\PinsonSubdivision\UborContmct\%York Authorization No. 2017-001 %%110 Assessment.doc P138 ATTACHMENT 2 QUOTATION / ESTIMATE BLUE Blue GOOSE Goose Construction QUOTE No: Quote Date: January 6, 2017 TO: Indian River County Utilities CONTACT: Steve. Bush PHONE: 772-216-1873 FAX : EMAIL: SCOPE OF WORK ITEM Qty Unit Unit Price Extension 1 6" PVC WM 865 LF $6.00 $5,190.00 2 6" Directional Bore 90 LF $38.85 $3,496.50 3 2" PE Watermain 80 LF $4.80 $384.00 4 2" Directional Bore (services) 160 LF $33.35 $5,336.00 5 6" Bell Restraints 2 Ea $60.00 $120.00 6 8" Gate Valve 1 Ea $160.00 $160.00 7 Fire Hydrant Assembly 1 Ea $2,000.00 $2,000.00 8 MJ Fittings 1 Ton $4,100.00 $4,100.00 9 8X6 Tapping Sleeve & Valve 1 Ea $900.00 $900.00 10 Single Short Water Service 1 Ea $300.00 $300.00 11 1 Double Short Water Service 3 Ea $350.00 $1,050.00 12 ISingle Long Water Service 4 Ea $425.00 $1,700.00 13 1 Double Long Water Service 2 Ea $450.00 $900.00 14 Pig Lines, Flush & Pressure Test 1035 LF $1.50 $1,552.50 15 Pot Holes 15 Ea $250.00 $3,750.00 16 Temporary Jumper Assembly 1 Ea $500.00 $500.00 17 Bacti Samples 4 Ea $150.00 $600.00 18 linstall Sample Points 4 1 Ea $275.00 $1,100.00 19 1 Lawn Restoration 577 Sy 1 $2.25 $1,298.25 20 Record Drawings 1 LS 1 $1,000.00 $1,000.00 SUB -TOTAL = $35,437.25 21 Mobilization 1 LS $3,543.73 $3,543.73 Contingency 1 LS $2,500.00 $2,500.00 TOTAL = 480.9811 P139 ATTACHMENT 3 MATERIAL ESTIMATE PINSON SUBDIVISION WATER ASSESSMENT PROJECT ESTIMATOR: Steve. Kannapes ITEM Qty Unit Unit Price Material Price 1 6" PVC WM 865 LF $4.92 $4,255.80 2 6" HDPE for Directional Bore 12" 90 LF $5.55 $499.50 3 PE Watermain 80 LF $10.49 $839.20 4 2" HDPE for Directional Bore 160 LF $1.80 $288.00 5 6" Bell Restraints 2 Ea $33.77 $67.54 6 8" Gate Valve 1 Ea $619.55 $619.55 7 Fire Hydrant Assembly 1 Ea $3,621.00 $3,621.00 8 6x2 Reducer 1 Ea $43.55 $43.55 9 6x6 Tee 1 Ea $81.72 $81.72 10 8X6 Tapping Sleeve & 6" Gate Valve I Ea $5,251.91 $5,251.91 11 6" 90°- Bend 1 Ea $56.28 $56.28 12 New Meter Box with Additional 2" Corp. Stop 15 Ea $225.00 $3,375.00 13 1" pe or PVC Service Line 40 LF $1.49 $59.60 16 Lawn Restoration 577 Sy $0.71 $409.67 Contingency 1 LS $2,500.00 $2,500.00 TOTAL = $21,968.32 '�iL Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Michael Smykowski Director, Office of Management & Budget Date: January 25, 2017 Subject: Miscellaneous Budget Amendment 006 Description and Conditions The attached budget amendment appropriates funding necessary for the following: 1. Each year it becomes necessary to "roll over" certain projects that were initiated in fiscal year 2015-2016 to the current fiscal year. In addition, the CIE projects approved by the Board of County Commissioners on December 6, 2016 are included. The following entry appropriates funding for these projects for fiscal year 2016-2017. P141 RESOLUTION NO. 2017- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2016-2017 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2016-2017 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2016-2017 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2016-2017 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by , and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman, Joseph E. Flescher Vice Chairman, Peter D. O'Bryan Commissioner, Susan Adams Commissioner, Bob Solari Commissioner, Tim Zorc Commissioner The Chairman thereupon declared this Resolution duly passed and adopted this day of )2017. Attest: Jeffrey R. Smith Clerk of Court and Comptroller Deputy Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners Joseph E. Flescher, Chairman BY APPROVED AS TO FORM AND LEGAL SUFFICIENCY COUNTY ATTORNEY P142 Resolution No. 2017 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 006 Entry Number Fund/ Department/Account Name Account Number Increase Decrease 1. Revenue General Fund/Cash Forward -Oct 1st 001039-389040 $2,031,571 $0 Traffic Impact Fees/Cash Forward -Oct 1st 102039-389040 $1,659,283 $0 Impact Fees/Cash Forward -Oct 1st 103039-389040 $1,169,861 $0 Secondary Roads/FIND Grant/RoundIsland River 109033-337401-16015 $90,000 $0 Secondary Roads/FDOT SCOP Grant/Old Dixie/71 st St to CR 510 109033-334400-14010 $996,506 $0 Secondary Roads/FDOT LAP Grant/43rd Ave Sidewalk - 26th St -Airport Road 109033-331400-15028 $569,763 $0 Secondary Roads/FDOT SCOP Grant/58TH Ave Resurfacing 109033-334400-16008 $885,861 $0 Secondary Roads/Cash Forward -Oct 1st 109033-389040 $2,256,052 $0 Transportation Fund/Cash Forward -Oct 1st 111039-389040 $150,000 $0 Emergency Services/Cash Forward -Oct 1st 114039-389040 $1,249,580 $0 SHIP Program/Cash Forward -Oct 1st 123039-389040 $9,448 $0 MPO/DOT Grants/FTA Sec 5309 Grant -Transit Hub 124033-331400-10802 $948,704 $0 MPO/DOT Grants/CSF JPAGrant/Transit Hub 124033-3347403-10802 $300,000 $0 Beach Restoration/Cash Forward -Oct 1st 128039-389040 $5,169 $0 CDBG/NSP/Cash Forward -Oct 1st 129039-389040 $62,343 $0 FL Boating Improvements/FIND Grant/Archie Smith Fish House 133033-337710-14004 $75,000 $0 FL Boating Improvements/Cash Forward -Oct 1st 133033-389040 $95,604 $0 Library Bequests/Cash Forward -Oct 1st 134033-389040 $2,830 $0 Fed/State Grants/HUD Alcohope #FL01141-41-1091508 136033-331601-16808 $0 $19,412 Fed/State Grants/HUD New Chronic/FL01191-41-1091508 136033-331601-16809 $0 $25,462 Fed/State Grants/HUD IR Chronics/FL03601-41-1091506 136033-331601-16810 $0 $16,699 Fed/State Grants/HUD New Horizon 2/1FL04401-41-1091504 136033-331601-16811 $0 $24,587 Fed/State Grants/HUD COCWide HMIS/FL03081-41-1091406 136033-331601-16801 $0 $24,821 Court Facility Surcharge/Cash Forward -Oct 1st 140039-389040 $201,561 $0 East Gifford Stormwater/Drainage System/Cash Forward- Oct 1 st 171039-389040 $19,000 $0 P143 Resolution No. 2017 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 006 Entry Number Fund/ Department/Account Name Account Number Increase Decrease Gifford Streetlights/Cash Forward -Oct 1st 181039-389040 $50,000 $0 Optional Sales Tax/Cash Forward -Oct 1st 315033-389040 $15,584,634 $0 Optional Sales Tax/intergovernmental/SJRWMD Osprey Acres Grant 315033-337300-16022 $1,200,250 $0 Total Revenue $29,502,039 Expense County Attorney/All Aboard Florida/Legal Services 001102144-033110-15023 $361,637 $0 County Attorney/All Aboard Florida/Other Professional Services 001102144-033190-15023 $110,000 $0 County Attorney/All Aboard Florida/All Travel 001102144-033190-15023 $6,015 $0 General Fund/Communication Emergency Services/Software 00110719-035120 $25,000 $0 General Fund/Agencies/SRA/Other Machinery & Equipment 00111041-066480-54001 $1,371,340 $0 General Fund/Emergency Management/Computer Software EMPG Grant 00120825-035120-05050 $38,547 $0 General Fund/Emergency Management/Other Operating Supplies/EMPG Grant 00120825-035290-05050 $3,525 $0 General Fund/Emergency Management/Other Operating Supplies/Haz Mat Grant 00120825-035290-06807 $2,865 $0 General Fund/Emergency Management/Other Contractual Services/Homeland Security Grant 00120825-033490-15803 $5,777 $0 General Fund/Emergency Management/All Office Supplies/Homeland Security Grant 00120825-035110-15803 $293 $0 General Fund/Building Maint/Maintenance-Bldgs. 00122019-034610 $15,000 $0 General Fund/Building Maint/Maintenance-Air Conditioning 00122019-034620 $28,053 $0 General Fund/Building Maint/Other Contractual Svcs 00122019-033490 $62,000 $0 General Fund/Emergency Base Grant/Other Operating Supplies 00123825-035290 $1,519 $0 Traffic Impact Fees/District III/1st St SW at 27th Ave -Left turn lane 10215341-066510-16012 $246,920 $0 Traffic Impact Fees/District III/Oslo Road/66th Ave Intersection 10215341-066510-13005 $826,490 $0 Traffic Impact Fees/District III/ROW/Oslo Road/66th Ave Intersection 10215341-066120-13005 $277,465 $0 Traffic Impact Fees/District III/27th Ave -21 st ST SW Signalization 10215341-066440-17002 $345,000 $0 Traffic Impact Fees/District II/ROW/43rd Ave -18th to 26th St 10215241-066120-06041 $963,408 $0 Traffic Impact Fees/District I/CR 510/58th Ave to 55th Ave 102152141-066510-05011 $0 $1,000,000 Impact Fees/Fire Rescue/Fire Station # 14 Construction 10312022-066510-15015 $21,861 $0 P144 Resolution No. 2017 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 006 Entry Number Fund/ Department/Account Name Account Number Increase Decrease Impact Fees/Public Buildings/All Land 10322019-066110 $253,000 $0 Impact Fees/Law Enforcement/Sheriff 10360021-099040-06048 $895,000 $0 Secondary Roads/Road Resurfacing/Old Dixie Highway- 71 st to CR 510 10921441-053360-14010 $1,457,803 $0 Secondary RoadsNero Lake Estates Road Paving 10921441-066510-06060 $111,037 $0 Secondary Roads/CR 512 Resurfacing (Myrtle St to 125th Ave) 10921441-053360-16020 $159,000 $0 Secondary Roads/43rd Ave Sidewalk -26th St -Airport Road 10921441-066510-15028 $609,763 $0 Secondary Roads/58th Ave Resurfacing/26th to 57th 10921441-053360-16008 $885,861 $0 Secondary Roads/58th Ave Resurfacing/57th to CR 510 10921441-053360-16023 $250,000 $0 Secondary Roads/CR 512 Resurfacing (Easy St to US 1) 10921441-053360-15016 $801,421 $0 Secondary Roads/Fellsmere Road Stabilization 10921441-035390-16032 $210,925 $0 Secondary Roads/Petition Paving/51 st Ave -65th -67th 10921441-035510-16019 $40,457 $0 Secondary Roads/Round Island River Improvements 10921441-066510-16015 $271,915 $0 Transportation Fund/Stormwater/Aquatic Plant System Pilot Study 11128138-033190-16031 $150,000 $0 Emergency Services/Fire Rescue/Other Improvements Except Bldgs. 11412022-066390 $5,000 $0 Emergency Services/Fire Rescue/EDP Equipment 11412022-066470 $6,717 $0 Emergency Services/Fire Rescue/Automotive 11412022-066420 $379,093 $0 Emergency Services/Fire Rescue/Communication Equipment 11412022-066450 $57,554 $0 Emergency Services/Fire Rescue/Other Machinery & Equipment 11412022-066490 $129,000 $0 Emergency Services/Fire Rescue/Fire Station #1 Renovations 11412022-066510-15007 $177,467 $0 Emergency Services/Fire Rescue/Fire Station #7 Renovations 11412022-066510-15008 $494,749 $0 SHIP/Purchase Assistance Loan 12322869-088050 $9,448 $0 MPO/Planning/TransitHub 12420415-066510-10802 $1,248,704 $0 Beach Restoration/Operating Supplies/Conservation Efforts 12814472-035290-16035 $5,169 $0 CDBG/Interdept Charges/NSP 12913854-036990-09128 $62,343 $0 FL Boating Improvements/Round Island River Improvements 13321072-066510-16015 $95,604 $0 FL Boating Improvements/Archie Smith Fish House 13321072-066510-14004 $75,000 $0 P145 Resolution No. 2017 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 006 Entry Number Fund/ Department/Account Name Account Number Increase Decrease Library Bequests/North County Library/Books 13411271-035450 $2,830 $0 Fed/State Grants/HUD Alcohope #FL01141-41-1091508 136169364-036730-16808 $0 $19,412 Fed/State Grants/HUD New Chronic/FL01191-41-1091508 13616364-036730-16809 $0 $25,462 Fed/State Grants/HUD IR Chronics/FL03601-41-1091506 13616364-036730-16810 $0 $16,699 Fed/State Grants/HUD New Horizon 2/FL04401-41-1091504 13616364-036730-16811 $0 $24,587 Fed/State Grants/HUD COCWide H M IS/FL0308L4H 091406 13616364-08871-16801 $0 $24,821 Court Facility Surcharge/Courthouse Judge Security 14022019-066510-16033 $24,860 $0 Court Facility Surcharge/New Courtroom Facilities 14022019-066510-12009 $176,701 $0 East Gifford Stormwater/Drainage System 17128041-066340-15017 $19,000 $0 Gifford Street Lights/45th Street Beautification 18128041-066510-03023 $50,000 $0 Optional Sales Tax/Facilities Mgmt/Other Buildings 31522019-066290 $2,000,000 $0 Optional Sales Tax/Facilities Mgmt/Admin Complex Roof Replacement 31522019-066510-16003 $2,000,000 $0 Optional Sales Tax/Facilities Mgmt/Other Improvements Except Buildings 31522019-066390 $1,579,440 $0 Optional Sales Tax/Facilities Mgmt/New Roof at Dodgertown 31522019-066510-17003 $200,000 $0 Optional Sales Tax/Parks/Sporting Clays Course 31521072-066510-12001 $1,171,482 $0 Optional Sales Tax/Parks/Hunter Education Classroom 31521072-066510-16017 $429,830 $0 Optional Sales Tax/Parks/SC Park General Use 31521072-066510-16027 $397,069 $0 Optional Sales Tax/Public Works/PC Main Relief Canal Upgrade 31524338-066510-16001 $880,000 $0 Optional Sales Tax/Public Works/Osprey Acres 31524338-066510-16022 $4,350,250 $0 Optional Sales Tax/WW Collection/North County Sewer 31526836-066510-15501 $393,479 $0 Optional Sales Tax/Fire Rescue/800 MHZ Upgrade/P25 Compliance 31512022-066510-16004 $1,000,000 $0 Optional Sales Tax/Public Works/Courthouse Security Access System 31522019-066510-17007 $250,000 $0 Optional Sales Tax/Parks/SC Intergenerational Facility 31521072-066510-03028 $1,000,000 $0 Optional Sales Tax/Supervisor of Elections/Other Machinery & Equipment 31570019-066490 $1,133,334 $0 Total Expense $29,502,039 P146 Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Michael Smykowski Director, Office of Management & Budget Date: January 30, 2016 Subject: Miscellaneous Budget Amendment 007 Description and Conditions The attached budget amendment appropriates funding necessary for the following: On September 13, 2016 the Board of County Co missioners approved a 3 year agreement with the Teamsters Local Union No 769. FY 16/17 calls for a 2.5% merit salary adjustment, and a cost of living adjustment (cola) of 3%. Non- ion employees will receive the same increases. The cola became effective October 14, 201 ,6. The attached entry appropriates funding from the various Reserve for Contingency Funds r the Teamsters and Non -Union employees for FY 16/17. Im P147 am Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Michael Smykowski Director, Office of Management & Budget Date: January 30, 2017 Subject: Miscellaneous Budget Amendment 007 Description and Conditions The attached budget amendment appropriates funding necessary for the following: On September 13, 2016 the Board of County Commissioners approved a 3 year agreement with the Teamsters Local Union No 769. FY 16/17 calls for a 2.5% merit salary adjustment, and a cost of living adjustment (cola) of 3% Non-union employees will receive the same increases. The cola became effective October 14, 2016. The attached entry appropriates funding from the various Reserve for Contingency Funds for the Teamsters and Non -Union employees for FY 16/17. r P147 RESOLUTION NO. 2017- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2016-2017 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2016-2017 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2016-2017 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2016-2017 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by , and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman, Joseph E. Flescher Vice Chairman, Peter D. O'Bryan Commissioner, Susan Adams Commissioner, Bob Solari Commissioner, Tim Zorc Commissioner The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2017. Attest: Jeffrey R. Smith Clerk of Court and Comptroller Deputy Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners Joseph E. Flescher, Chairman IM APPROVED AS TO FORM AND LEGAL SUFFICIENCY COUNTY ATTORNEY P148 Resolution No 2017 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 007 Entry Number Fund/ Department/Account Name Account Number Increase Decrease 1. Expense General Fund/BCC Dept/Regular Salaries 00110111-011120 $13,993 $0 General Fund/BCC Dept/Part-Time Salaries 00110111-011130 $1,344 $0 General Fund/BCC Dept/Social Security 00110111-012110 $951 $0 General Fund/BCC Dept/Retirement Contribution 00110111-012120 $1,112 $0 General Fund/BCC Dept/Medicare Matching 00110111-012170 $223 $0 General Fund/County Attorney/Salaries 00110214-011120 $17,855 $0 General Fund/County Attorney/Special Pay 00110214-011150 $800 $0 General Fund/County Attorney/Social Security 00110214-012110 $1,157 $0 General Fund/County Attorney/Retirement Contribution 00110214-012120 $1,352 $0 General Fund/County Attorney/Medicare 00110214-012170 $271 $0 General Fund/Main Library/Salaries 00110971-011120 $41,750 $0 General Fund/Main Library/Part-Time Salaries 00110971-011130 $4,637 $0 General Fund/Main Library/Special Pay 00110971-011150 $4,652 $0 General Fund/Main Library/Social Security 00110971-012110 $3,165 $0 General Fund/Main Library/Retirement Contribution 00110971-012120 $3,700 $0 General Fund/Main Library/Medicare 00110971-012170 $741 $0 General Fund/NC Library/Salaries 00111271-011120 $19,621 $0 General Fund/NC Library/Part-Time Salaries 00111271-011130 $3,155 $0 General Fund/NC Library/Special Pay 00111271-011150 $2,726 $0 General Fund/NC Library/Social Security 00111271-012110 $1,582 $0 General Fund/NC Library/Retirement Contribution 00111271-012120 $1,849 $0 General Fund/NC Library/Medicare 00111271-012170 $370 $0 General Fund/Brackett Library/Salaries 00111371-011120 $5,356 $0 General Fund/Brackett Library/Part-Time Salaries 00111371-011130 $2,153 $0 General Fund/Brackett Library/Social Security 00111371-012110 $466 $0 P149 Resolution No 2017 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 007 Entry Number Fund/ Department/Account Name Account Number Increase Decrease General Fund/Brackett Library/Retirement Contribution 00111371-012120 $544 $0 General Fund/Brackett Library/Medicare 00111371-012170 $109 $0 General Fund/Soil-Water Cons/Salaries 00111837-011120 $1,539 $0 General Fund/Soil-Water Cons/Social Security 00111837-012110 $96 $0 General Fund/Soil-Water Cons/Retirement Contribution 00111837-012120 $112 $0 General Fund/Soil-Water Cons/Medicare 00111837-012170 $23 $0 General Fund/Law Library/Salaries 00111914-011120 $2,193 $0 General Fund/Law Library/Social Security 00111914-012110 $136 $0 General Fund/Law Library/Retirement Contribution 00111914-012120 $159 $0 General Fund/Law Library/Medicare 00111914-012170 $32 $0 General Fund/Administrator/Salaries 00120112-011120 $8,569 $0 General Fund/Administrator/Special Pay 00120112-011150 $800 $0 General Fund/Administrator/Social Security 00120112-012110 $581 $0 General Fund/Administrator/Retirement Contribution 00120112-012120 $679 $0 General Fund/Administrator/Medicare 00120112-012170 $136 $0 General Fund/General Services/Salaries 00120213-011120 $3,507 $0 General Fund/General Services/Social Security 00120213-012110 $218 $0 General Fund/General Services/Retirement Contribution 00120213-012120 $254 $0 General Fund/General Services/Medicare 00120213-012170 $51 $0 General Fund/Human Resources/Salaries 00120313-011120 $10,880 $0 General Fund/Human Resources/Part-Time Salaries 00120313-011130 $2,212 $0 General Fund/Human Resources/Special Pay 00120313-011150 $2,871 $0 General Fund/Human Resources/Social Security 00120313-012110 $990 $0 General Fund/Human Resources/Retirement Contribution 00120313-012120 $1,157 $0 General Fund/Human Resources/Medicare 00120313-012170 $232 $0 General Fund/Veterans Services/Salaries 00120653-011120 $6,591 $0 P150 Resolution No 2017 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 007 Entry Number Fund/ Department/Account Name Account Number Increase Decrease General Fund/Veterans Services/Part-Time Salaries 00120653-011130 $1,200 $0 General Fund/Veterans Services/Social Security 00120653-012110 $484 $0 General Fund/Veterans Services/Retirement 00120653-012120 $565 $0 General Fund/Veterans/Medicare 00120653-012170 $113 $0 General Fund/Emergency Mgmt/Salaries 00120825-011120 $12,902 $0 General Fund/Emergency Mgmt/Special Pay 00120825-011150 $800 $0 General Fund/Emergency Mgmt/Social Security 00120825-012110 $850 $0 General Fund/Emergency Mgmt/Retirement 00120825-012120 $993 $0 General Fund/Emergency Mgmt/Medicare 00120825-012170 $199 $0 General Fund/Parks/Salaries 00121072-011120 $21,209 $0 General Fund/Parks/Special Pay 00121072-011150 $4,404 $0 General Fund/Parks/Social Security 00121072-012110 $1,588 $0 General Fund/Parks/Retirement 00121072-012120 $1,857 $0 General Fund/Parks/Medicare 00121072-012170 $372 $0 General Fund/Human Services/Salaries 00121164-011120 $2,110 $0 General Fund/Human Services/Social Security 00121164-012110 $131 $0 General Fund/Human Services/Retirement 00121164-012120 $153 $0 General Fund/Human Services/Medicare 00121164-012170 $31 $0 General Fund/AG Extension/Salaries 00121237-011120 $5,318 $0 General Fund/AG Extension/Salaries 00121237-011150 $800 $0 General Fund/AG Extension/Social Security 00121237-012110 $380 $0 General Fund/AG Extension/Retirement 00121237-012120 $444 $0 General Fund/AG Extension/Medicare 00121237-012170 $89 $0 General Fund/Purchasing/Salaries 00121613-011120 $6,238 $0 General Fund/Purchasing/Social Security 00121613-012110 $387 $0 General Fund/Purchasing/Retirement 00121613-012120 $452 $0 P151 Resolution No 2017 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 007 Entry Number Fund/ Department/Account Name Account Number Increase Decrease General Fund/Purchasing/Medicare 00121613-012170 $91 $0 General Fund/Facilities Mgmt/Salaries 00122019-011120 $13,653 $0 General Fund/Facilities Mgmt/Special Pay 00122019-011150 $5,802 $0 General Fund/Facilities Mgmt/Social Security 00122019-012110 $1,207 $0 General Fund/Facilities Mgmt/Retirement 00122019-012120 $4,257 $0 General Fund/Facilities Mgmt/Medicare 00122019-012170 $283 $0 General Fund/Office of Mgmt/Budget/Salaries 00122913-011120 $10,780 $0 General Fund/Office of Mgmt/Budget/Social Security 00122913-012110 $669 $0 General Fund/Office of Mgmt/Budget/Retirement 00122913-012120 $782 $0 General Fund/Office of Mgmt/Budget/Medicare 00122913-012170 $157 $0 General Fund/FPL Grant/Salaries 00123725-011120 $2,171 $0 General Fund/FPL Grant/Social Security 00123725-012110 $135 $0 General Fund/FPL Grant/Retirement 00123725-012120 $157 $0 General Fund/FPL Grant/Medicare 00123725-012170 $32 $0 General Fund/Emergency Base Grant/Salaries 00123825-011120 $4,990 $0 General Fund/Emergency Base Grant/Social Security 00123825-012110 $310 $0 General Fund/Emergency Base Grant/Retirement 00123825-012120 $362 $0 General Fund/Emergency Base Grant/Medicare 00123825-012170 $73 $0 General Fund/Animal Control/Salaries 00125062-011120 $12,601 $0 General Fund/Animal Control/Special Pay 00125062-011150 $1,075 $0 General Fund/Animal Control/Social Security 00125062-012110 $848 $0 General Fund/Animal Control/Retirement 00125062-012120 $991 $0 General Fund/Animal Control/Medicare 00125062-012170 $199 $0 General Fund/Mailroom/Salaries 00125119-011120 $1,177 $0 General Fund/Mailroom/Part-time Salaries 00125119-011130 $1,579 $0 General Fund/Mailroom/Social Security 00125119-012110 $171 $0 P152 Resolution No. 2017 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 007 Entry Number Fund/ Department/Account Name Account Number Increase Decrease General Fund/Mailroom/Retirement 00125119-012120 $200 $0 General Fund/Mailroom/Medicare 00125119-012170 $40 $0 General Fund/Reserve for Contingency 00119981-099910 $0 $308,513 MSTU/NCAC/Salaries 00410472-011120 $19,258 $0 MSTU/NCAC/Part-Time Salaries 00410472-011130 $1,348 $0 MSTU/NCAC/Budgeted Temp Salaries 00410472-011190 $138 $0 MSTU/NCAC/Social Security 00410472-012110 $1,287 $0 MSTU/NCAC/Retirement 00410472-012120 $1,560 $0 MSTU/NCAC/Medicare 00410472-012170 $301 $0 MSTU/GAC/Salaries 00410572:011120 $8,813 $0 MSTU/GAC/Part-Time Salaries 00410572-011130 $1,767 $0 MSTU/GAC/Budgeted Temp Salaries 00410572-011190 $392 $0 MSTU/GAC/Special Pay 00410572-011150 $800 $0 MSTU/GAC/Social Security 00410572-012110 $730 $0 MSTU/GAC/Retirement 00410572-012120 $885 $0 MSTU/GAC/Medicare 00410572-012170 $171 $0 MSTU/Recreation/Salaries 00410872-011120 $16,795 $0 MSTU/Recreation/Part-time Salaries 00410872-011130 $1,667 $0 MSTU/Recreation/Budgeted Temp 00410872-011190 $1,415 $0 MSTU/Recreation/Special Pay 00410872-011150 $1,880 $0 MSTU/Recreation/Social Security 00410872-012110 $1,349 $0 MSTU/Recreation/Retirement 00410872-012120 $1,636 $0 MSTU/Recreation/Medicare 00410872-012170 $316 $0 MSTU/IG Building/Salaries 00411572-011120 $3,961 $0 MSTU/IG Building/Social Security 00411572-012110 $246 $0 MSTU/IG Building/Retirement 00411572-011122 $287 $0 P153 Resolution No. 2017 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 007 Entry Number Fund/ Department/Account Name Account Number Increase Decrease MSTU/IG Building/Medicare 00411572-011123 $58 $0 MSTU/Ocean Rescue/Salaries 00411672-011120 $14,129 $0 MSTU/Ocean Rescue/Part-time Salaries 00411672-011130 $4,408 $0 MSTU/Ocean Rescue/Special Pay 00411672-011150 $5,587 $0 MSTU/Ocean Rescue/Social Security 00411672-012110 $1,496 $0 MSTU/Ocean Rescue/Retirement 00411672-012120 $1,814 $0 MSTU/Ocean Rescue/Medicare 00411672-012170 $350 $0 MSTU/Shooting Range/Salaries 00416172-011120 $13,296 $0 MSTU/Shooting Range/Part-time Salaries 00416172-011130 $2,030 $0 MSTU/Shooting Range/Special Pay 00416172-011150 $1,600 $0 MSTU/Shooting Range/Social Security 00416172-012110 $1,256 $0 MSTU/Shooting Range/Retirement 00416172-012120 $982 $0 MSTU/Shooting Range/Medicare 00416172-012170 $252 $0 MSTU/Planning & Dev/Salaries 00420415-011120 $9,534 $0 MSTU/Planning & Dev/Special Pay 00420415-011150 $601 $0 MSTU/Planning & Dev/Social Security 00420415-012110 $629 $0 MSTU/Planning& Dev/Retirement 00420415-012120 $762 $0 MSTU/Planning& Dev/Medicare 00420415-012170 $147 $0 MSTU/Planning/Salaries 00420515-011120 $20,380 $0 MSTU/Planning/Special Pay 00420515-011150 $3,200 $0 MSTU/Planning/Social Security 00420515-012110 $1,462 $0 MSTU/Planning/Retirement 00420515-012120 $1,772 $0 MSTU/Planning/Medicare 00420515-012170 $343 $0 MSTU/Code Enf/Salaries 00420724-011120 $10,534 $0 MSTU/Code Enf/Special Pay 00420724-011150 $2,400 $0 MSTU/Code Enf./Social Security 00420724-012110 $802 $0 P154 Resolution No. 2017 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 007 Entry Number Fund/ Department/Account Name Account Number Increase Decrease MSTU/Code Enf./Retirement 00420724-012120 $973 $0 MSTU/Code Enf./Medicare 00420724-012170 $188 $0 MSTU/Parks/Salaries 00421072-011120 $1,779 $0 MSTU/Parks/Special Pay 00421072-011150 $800 $0 MSTU/Parks/Social Security 00421072-012110 $160 $0 MSTU/Parks/Retirement 00421072-012120 $194 $0 MSTU/Parks/Medicare 00421072-012170 $38 $0 MSTU/Telecommunications/Salaries 00423437-011120 $3,750 $0 MSTU/Telecommunications/Social Security 00423437-012110 $233 $0 MSTUlrelecommunications/Retirement 00423437-012120 $282 $0 MSTU/Telecommunications/Medicare 00423437-012170 $55 $0 MSTU/Reserves/Reserve for Contingency 00419981-099910 $0 $175,278 Transportation Fund/Road & Bridge/Salaries 11121441-011120 $118,108 $0 Transportation Fund/Road & Bridge/Special Pay 11121441-011150 $24,102 $0 Transportation Fund/Road & Bridge/Social Security 11121441-012110 $8,817 $0 Transportation Fund/Road & Bridge/Retirement 11121441-012120 $10,694 $0 Transportation Fund/Road & Bridge/Medicare 11121441-012170 $2,062 $0 Transportation Fund/Public Works/Salaries 11124319-011120 $6,065 $0 Transportation Fund/Public Works/Social Security 11124319-012110 $376 $0 Transportation Fund/Public Works/Retirement 11124319-012120 $456 $0 Transportation Fund/Public Works/Medicare 11124319-012170 $88 $0 Transportation Fund/Engineering/Salaries 11124441-011120 $57,040 $0 Transportation Fund/Engineering/Special Pay 11124441-011150 $8,000 $0 Transportation Fund/Engineering/Social Security 11124441-012110 $4,156 $0 Transportation Fund/Engineering/Retirement 11124441-012120 $5,041 $0 Transportation Fund/Engineering/Medicare 11124441-012170 $972 $0 P155 Resolution No 2017 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 007 Entry Number Fund/ Department/Account Name Account Number Increase Decrease Transportation Fund/Traffic Engineering/Salaries 11124541-011120 $44,271 $0 Transportation Fund/Traffic Engineering/Special Pay 11124541-011150 $6,400 $0 Transportation Fund/Traffic Engineering/Social Security 11124541-012110 $3,265 $0 Transportation Fund/Traffic Engineering/Retirement 11124541-012120 $3,961 $0 Transportation Fundlfraffic Engineering/Medicare 11124541-012170 $763 $0 Transportation Fund/Stormwater/Salaries 11128138-011120 $9,332 $0 Transportation Fund/Stormwater/Special Pay 11128138-011150 $800 $0 Transportation Fund/Stormwater/Social Security 11128138-012110 $641 $0 Transportation Fund/Stormwater/Retirement 11128138-012120 $777 $0 Transportation Fund/Stormwater/Medicare 11128138-012170 $150 $0 Transportation Fund/Reserves/Reserve for Contingency 11119941-099910 $0 $316,337 SWDD/Sanitary Landfill/Salaries 41121734-011120 $19,053 $0 SWDD/Sanitary Landfill/Social Security 41121734-012110 $1,330 $0 SWDD/Sanitary Landfill/Retirement 41121734-012120 $451 $0 SWDD/Sanitary Landfill/Medicare 41121734-012170 $311 $0 SWDD/CC & Recycle/Salaries 41125534-011120 $2,149 $0 SWDD/CC & Recycle/Social Security 41125534-011120 $133 $0 SWDD/CC & Recycle/Retirement 41125534-011120 $164 $0 SWDD/CC & Recycle/Medicare 41125534-011120 $32 $0 SWDD/Sanitary Landfill/Reserves/Reserve for Contingency 41121734-099910 $0 $23,623 Impact Fees/Planning Admin/Salaries 10320415-011120 $2,324 $0 Impact Fees/Planning Admin/Social Security 10320415-012110 $144 $0 Impact Fees/Planning Admin/Retirement 10320415-012120 $184 $0 Impact Fees/Planning Admin/Medicare 10320415-012170 $34 $0 Impact Fees/Planning Admin/Reserve for Contingency 10320415-099910 $0 $2,686 Section 8/Rental Assistance/Salaries 10822264-011120 $6,891 $0 P156 Resolution No. 2017 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 007 Entry Number Fund/ Department/Account Name Account Number Increase Decrease Section 8/Rental Assistance/Social Security 10822264-012110 $427 $0 Section 8/Rental Assistance/Retirement 10822264-012120 $545 $0 Section 8/Rental Assistance/Medicare 10822264-012170 $100 $0 Section 8/Rental Assistance/Reserve for Contingency 10822264-099910 $0 $7,963 Secondary Roads/Road& Bridge/Salaries 10921441-011120 $362 $0 Secondary Roads/Road& Bridge/Social Security 10921441-012110 $22 $0 Secondary Roads/Road& Bridge/Retirement 10921441-012120 $28 $0 Secondary Roads/Road& Bridge/Medicare 10921441-012170 $5 $0 Secondary Roads/Engineering/Salaries 10924441-011120 $6,186 $0 Secondary Roads/Engineering/Special Pay 10924441-011150 $800 $0 Secondary Roads/Engineering/Social Security 10924441-012110 $596 $0 Secondary Roads/Engineering/Retirement 10924441-012120 $545 $0 Secondary Roads/Engineering/Medicare 10924441-012170 $139 $0 Secondary Roads/Real Estate Acquisition/Salaries 10924741-011120 $1,966 $0 Secondary Roads/Real Estate Acquisition/Social Security 10924741-012110 $122 $0 Secondary Roads/Real Estate Acquisition/Retirement 10924741-012120 $150 $0 Secondary Roads/Real Estate Acquisition/Medicare 10924741-012170 $29 $0 Secondary Roads/Reserves/Reserve for Contingency 10919981-099910 $0 $10,950 911 Surcharge/Communication Center/Salaries 12013325-011120 $4,787 $0 911 Surcharge/Communication Center/Special Pay 12013325-011150 $800 $0 911 Surcharge/Communication Center/Social Security 12013325-012110 $287 $0 911 Surcharge/Communication Center/Retirement 12013325-012120 $354 $0 911 Surcharge/Communication Center/Medicare 12013325-012170 $67 $0 911 Surcharge/Communication Center/Reserve for Contingency 12013325-099910 $0 $6,295 SHIP/Ship Program/Salaries 12322869-011120 $1,532 $0 SHIP/Ship Program/Social Security 12322869-012110 $95 $0 P157 Resolution No 2017 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 007 Entry Number Fund/ Department/Account Name Account Number Increase Decrease SHIP/Ship Program/Retirement 12322869-012120 $122 $0 SHIP/Ship Program/Medicare 12322869-012170 $22 $0 SHIP/Ship Program/Reserve for Contingency 12322869-099910 $0 $1,771 MPO/Planning/Salaries 12420415-011120 $10,181 $0 MPO/Planning/Special Pay 12420415-011150 $800 $0 MPO/Planning/Social Security 12420415-012110 $681 $0 MPO/Planning/Retirement 12420415-012120 $870 $0 MPO/Planning/Medicare 12420415-012170 $159 $0 MPO/Planning/Reserve for Contingency 12420415-099910 $0 $12,691 Beach Restoration Fund/Salaries 12814472-011120 $5,044 $0 Beach Restoration Fund/Social Security 12814472-012110 $312 $0 Beach Restoration Fund/Retirement 12814472-012120 $385 $0 Beach Restoration Fund/Medicare 12814472-012170 $73 $0 Beach Restoration Fund/Reserve for Contingency 12814472-099910 $0 $5,814 Sandridge Golf Course/Admin/Clubhouse/Salaries 41823672-011120 $7,880 $0 Sandridge Golf Course/Admin/Part-time Salaries 41823672-011130 $12,663 $0 Sandridge Golf Course/Admin/Clubhouse/Budgeted Temps 41823672-011190 $1,952 $0 Sandridge Golf Course/Admin/Clubhouse/Social Security 41823672-012110 $1,394 $0 Sandridge Golf Course/Admin/Clubhouse/Retirement 41823672-012120 $3,272 $0 Sandridge Golf Course/Admin/Clubhouse/Medicare 41823672-012170 $326 $0 Sandridge Golf Course/Admin/Clubhouse/Reserve for Contingency 41823672-099910 $0 $27,487 County Building/Building Dept/Salaries 44123324-011120 $62,046 $0 County Building/Building Dept/Special Pay 44123324-011150 $4,000 County Building/Building Dept/Social Security 44123324-012110 $4,207 $0 County Building/Building Dept/Retirement 44123324-012120 $5,192 $0 County Building/Building Dept/Medicare 44123324-012170 $926 $0 P158 Resolution No 2017 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 007 Entry Number Fund/ Department/Account Name Account Number Increase Decrease County Building/Building Dept/Reserve for Contingency 44123324-099910 $0 $76,371 Utilities Dept/Wastewater Treatment/Salaries 47121836-011120 $31,474 $0 Utilities Dept/Wastewater Treatment/Special Pay 47121836-011150 $8,000 $0 Utilities Dept/WastewaterTreatment/Social Security 47121836-012110 $2,571 $0 Utilities Dept/Wastewater Treatment/Retirement 47121836-012120 $3,172 $0 Utilities Dept/Wastewater Treatment/Medicare 47121836-012170 $601 $0 Utilities Dept/Water Production/Salaries 47121936-011120 $27,281 $0 Utilities Dept/Water Production/Special Pay 47121936-011150 $6,295 $0 Utilities Dept/Water Production/Social Security 47121936-012110 $2,267 $0 Utilities Dept/Water Production/Retirement 47121936-012120 $2,798 $0 Utilities Dept/Water Production/Medicare 47121936-012170 $530 $0 Utilities IDept/General & Engineering/Salaries 47123536-011120 $37,694 $0 Utilities Dept/General & Engineering/Special Pay 47123536-011150 $4,777 $0 Utilities Dept/General & Engineering/Social Security 47123536-012110 $2,881 $0 Utilities Dept/General &,Engineering/Retirement 47123536-012120 $3,555 $0 Utilities Dept/General & Engineering/Medicare 47123536-012170 $674 $0 Utilities Dept/Customer Service/Salaries 47126536-011120 $43,143 $0 Utilities Dept/Customer Service/Part-time Salaries 47126536-011130 $618 $0 Utilities Dept/Customer Service/Special Pay 47126536-011150 $3,162 $0 Utilities Dept/Customer Service/Social Security 47126536-012110 $2,909 $0 Utilities Dept/Customer Service/Retirement 47126536-012120 $3,590 $0 Utilities Dept/Customer Service/Medicare 47126536-012170 $681 $0 Utilities Dept/Wastewater Collections/Salaries 47126836-011120 $28,703 $0 Utilities Dept/Wastewater Collections/Special Pay 47126836-011150 $8,000 $0 Utilities Dept/Wastewater Collections/Social Security 47126836-012110 $2,276 $0 Utilities Dept/Wastewater Collections/Retirement 47126836-012120 $2,808 $0 P159 Resolution No. 2017 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 007 Entry Number Fund/ Department/Account Name Account Number Increase Decrease Utilities Dept/Wastewater Collections/Medicare 47126836-012170 $533 $0 Utilities Dept/Water Distribution/Salaries 47126936-011120 $39,587 $0 Utilities Dept/Water Distribution/Special Pay 47126936-011150 $5,148 $0 Utilities Dept/Water Distribution/Social Security 47126936-012110 $2,997 $0 Utilities Dept/Water Distribution/Retirement 47126936-012120 $3,698 $0 Utilities Dept/Water Distribution/Medicare 47126936-012170 $701 $0 Utilities Dept/Osprey Marsh/Salaries 47128236-011120 $3,297 $0 Utilities Dept/Osprey Marsh/Social Security 47128236-012110 $204 $0 Utilities Dept/Osprey Marsh/Retirement 47128236-012120 $252 $0 Utilities Dept/Osprey Marsh/Medicare 47128236-012170 $48 $0 Utilities Dept/General & Engineering/Reserve for Contingency 47123536-099910 $0 $286,925 Fleet/Vehicle Maint/Salaries 50124291-011120 $11,759 $0 Fleet/Vehicle Maint/Special Pay 50124291-011150 $2,400 $0 Fleet/Vehicle Maint/Social Security 50124291-012110 $962 $0 Fleet/Vehicle Maint/Retirement 50124291-012120 $1,186 $0 Fleet/Vehicle Maint/Medicare 50124291-012170 $225 $0 Fleet/Vehicle Maint/Reserve for Contingency 50124291-099910 $0 $16,532 Self Insurance/Risk Management/Salaries 50224613-011120 $4,049 $0 Self Insurance/Risk Management/Social Security 50224613-012110 $251 $0 Self Insurance/Risk Manage me nt/Reti rement 50224613-012120 $320 $0 Self Insurance/Risk Management/Medicare 50224613-012170 $58 $0 Self Insurance/Risk Management/Reserve for Contingency 50224613-099910 $0 $4,678 Employee Health/Health Insurance/Salaries 50412719-011120 $1,779 $0 Employee Health/Health Insurance/Special Pay 50412719-011150 $800 $0 Employee Health/Health Insurance/Social Security 50412719-012110 $160 $0 Employee Health/Health Insurance/Retirement 50412719-012120 $204 $0 P160 Resolution No 2017 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 007 Entry Number Fund/ Department/Account Name Account Number Increase Decrease Employee Health/Health Insurance/Medicare 50412719-012170 $38 $0 Employee Health/Health Insurance/Reserve for Contingency 50412719-01210 $0 $2,981 Information Tech/Computer Services/Salaries 50524113-011120 $17,606 $0 Information Tech/Computer Services/Special Pay 50524113-011150 $1,600 $0 Information Tech/Computer Services/Social Security 50524113-012110 $1,190 $0 Information Tech/Computer Services/Retirement 50524113-012120 $1,677 $0 Information Tech/Computer Services/Medicare 50524113-012170 $278 $0 Information Tech/Geographic Information/Salaries 50510319-011120 $11,509 $0 Information Tech/Geographic Information/Special Pay 50510319-011150 $800 $0 Information Tech/Geographic Information/Social Security 50510319-012110 $763 $0 Information Tech/Geographic Information/Retirement 50510319-012120 $1,242 $0 Information Tech/Geographic Information/Medicare 50510319-012170 $178 $0 Information Tech/Reserves/Reserve for Contingency 50519981-099910 $0 $36,843 Emergency Services/Fire Rescue/Salaries 11412022-011120 $43,494 $0 Emergency Services/Fire Rescue/Special Pay 11412022-011150 $7,200 $0 Emergency Services/Fire Rescue/Social Security 11412022-012110 $3,143 $0 Emergency Services/Fire Rescue/Retirement 11412022-012120 $5,653 $0 Emergency Services/Fire Rescue/Medicare 11412022-012170 $735 $0 Emergency Services/Fire Rescue/Reserve for Contingency 11412022-099910 $0 $60,225 P161 �N Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Michael Smykowski Director, Office of Management & Budget Date: February 1, 2017 Subject: Miscellaneous Budget Amendment 008 Description and Conditions The attached budget amendment appropriates funding necessary for the following: 1. The Sheriffs Office is in need of replacement heating elements and air conditioner controls in the Sheriffs Administration Building. The attached entry appropriates funding in the amount of $50,000 from General Fund/Reserve for Contingency. P162 RESOLUTION NO. 2017- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2016-2017 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2016-2017 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2016-2017 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2016-2017 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman, Joseph E. Flescher Vice Chairman, Peter D. O'Bryan Commissioner, Susan Adams Commissioner, Bob Solari Commissioner, Tim Zorc The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2017. Attest: Jeffrey R. Smith Clerk of Court and Comptroller Deputy Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners Joseph E. Flescher, Chairman BY APPROVED AS TO FORM AND LEGAL SUFFICIENCY COUNTY ATTORNEY P163 Resolution No. 2017 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 008 Entry Number Fund/ Department/Account Name Account Number Increase Decrease 1. Expense General Fund/Facilities Maintenance/Maint-Air Conditioning 00122019-034620 $50,000 $0 General Fund/Reserve for Contingency 00119981-099910 $0 $50,000 P164 CONSENT: 2M17 v Ofce of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal – Deputy County Attorney PW— DATE: January 31, 2017 SUBJECT: Acceptance of Utility Easements – Plat of Jackson Street Corners Subdivision (Located Within the City of Sebastian) Proposed Jackson Street Corners Subdivision is located on the west side of U.S. Highway 1 at Jackson Street within the City of Sebastian. In 2005 the City of Sebastian abandoned its interest in a portion of Jackson Street but did not reserve a utility easement onto the County despite a County water main being within Jackson Street and that portion of the abandoned road. Since a portion of the water main now is on the developer's property due to the portion of the road that was abandoned, it will be necessary for the developer to dedicate a 10 -foot non-exclusive utility easement to the County. The 10 -foot utility is depicted on the proposed plat of Jackson Street Corners Subdivision. Additionally a 10 - foot non-exclusive utility easement is being dedicated to the County and is depicted along the project's U.S. Highway 1 frontage. Both of these non-exclusive utility easements require the acceptance by the Board of County Commissioners prior to the recordation of the plat. FUNDING: There will be no cost borne by Indian River County with respect to this item. RECOMMENDATION: Staff recommends acceptance of the non-exclusive utility easements as depicted on the proposed plat of Jackson Street Corners Subdivision and requests that the Chairman of the Board of County Commissioners be authorized to execute the mylar of Jackson Street Corners Subdivision to accept the utility easements depicted thereon. nhm attachment: plat of Jackson Street Corners Subdivision P165 CERTIFICATE OF 0EDICAMW BEING A REPLAT OF A PORTION OF OCEAN HEIGHTS SUBDIVISION AND LYING IN SECTION 30, TOWNSHIP 38 SOUTH, RANGE 30 EAST, CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA. SYAE OT FLORIDA COUNT CO. IMI- RIVER KNOW ALL MEN BY THESE PRESENTS MAT RS SEBASTIAN OCY. LLP A FLORIDA UNITED LIABILITY CORPORATION. AM EEBASTAN LAND COOCIP. LLC, A RONDA UNITED UAOLm CORPORATION. FEE SIMPLE OI NERS Or WE LAND OESOWBED AND PLATTED HEREIN, AS WE JACKSON STREET CORNERS SUBOMRON, BEING N THE CITY OF SEBASTIAN. INDIAN RIVER COUNTY. FLORIDA, HAVE CAUSED MESE LANDS TO BE SURVEYED AND PLATED AS SNOW HERRO+ AM GO HEREBY GOOCART As FCLLOW4. DRAINAGE EASEMENT: ALL DRAINAGE EASEMENTS SHOW CON MS PUT. ARE DODICATED N PERPETUITY TO ALL LOT OWNERS OF THIS AIBDIMIC H FOR CONSTRRnON AND MAINTENANCE Oi DRAINAGE FACILITIES AS PMT OF ME STWMWATDI MANACENENT SYSTEM AND SHALL BE THE PERPETUAL xAINTMANCE OBLIGATION OF EACH INDIVIDUAL IAT ""S TD MWM SND EASWENIS UE MMM. WE CITY OT SEBASTIAN Is NAANEO ME NGHr M USE AND ORMI INTO TIE EASEMENTS AM ALSO GRANTED ME RIGHT. BUT MT TIE OGUGAROK TO PERFORM MORCENCY MMMENANCE ON RE EASEMENTS I MITV A< ANENT ALL UR+Tv EASEMORS SHOWN E TARS KAT. ARE STAILAEO N AINPEnRT TO NOM RVEF COUNTY. FLORIDA ND ME CTP OF SC9`&MNN.CO TOR THE WIN SU11CT ON ANCES AND MAMIMMfi AND OPERATION OF FRAMES BY AM' UTILITY PROVLER, M F COUNTY NM SUCH OROF INDIA AND WEGILATONS AS NAY SE AOOFEO FROM RINE TO TIME BY ME 4THE a COUNTY TENTS AS SINTS OF INDIAN RI AS COUNTY, R THE AND WE CH OF SEBASTIAN OT COUNCIL THE MINTY ON OF CABLE AS 9NOWN AGE ALSO . PROVIDED ROM ED FOR THE . NO SUCH CONSTRUCTOR. O TRUCTOR. . MAINTENANCE JOA OPERATION TE CABLE ION OF CA SERMCEVI ION SERVICES HOWEVER. IN SIREN RNSI IR FA INSTALLATION. OMAINTENANCE NGI AND UERAIRM 6 CMIE ER PUBLIC SUMM SHALL EVENT A IMM THE TACNTEs AM SERVICES DM DAMAGES Ax E FACILIT RL[A PUB CAS LI ITER ALL B UTILITY. R ME EVENT A CABLE TELA N& SON CO STRU TICKINME TO . MA OFA NUBIAN D OPER rt OPERATION BE SOLELY TELEVISION FDR ME DAMAGES SUCH SHE NA ION& IIESTALUTION. SAFETY CCIMLE MO TEDRATIDA O 0MUENOA NIMLIC DN CE COM 9Mlt COMPLY MM SHE NA11011AL ELECTIBCK SAFETY LODE 15 ADOPTED BY THE FLORAA FUOIC SGNCE COMMISSION, aDE�AI i( E'uyxn TIE SITLIAL M RTEMAMT SHIM IO MIS PLAT, U N OEDRAEO W CONSTRUCTION TY TO THE PUBLIC AND SHALL EE LK FEAPETUA YAINENMCE OBUOAnON OF WE LOT + OMNUR FOR CONSMUCnCI1 AM MAw1ENAMCE OF SIOE1UUf FACILITIES N NTNE55 FNEREOF, THE ABOVE NAMED ENTITIES HAVE CAUSED TIM PRESENTS TO BE SIGNED BY SEAMAN M. REVELEFF AS THE MANAGER OF RS SLOASMM OM. LLC, A FLORIDA TOOTED LIABILITY CORPOOAnON. JIRD SEBASTIAN LAM GROUP. LLD. A FLORIDA LIMNED UASUT CORPORATION, AND Its SEAL TO BE AFLKED HERETO BY AM NM WE AUTHORITY OF SAM MnT. MIs _--_ DY OT 2017 n SCO I "I N OIN. f. MANAGER R5 SBMnAN GEF. LLP A FLORIDA FLORIDAU LIED LIABILITY COBPCIAIKM SEBASTIAN LAM CROUP LLC. A nOA UNITED UA91LItt CORPDIATOI ACK'N EDGEMENT TO OEDHCATKft STATE OF FLORIDA COUNTY OF MOM RIVER THE FDREGGING CERTIFICATE OF DEDICATION WAS ACKNOWLEDGED OEFOKE NE TMS -- DY OF 2017. BY STEPHAN M. NEVELEFF, AS MANAGER OF RS SEBASTIAN DEV. LLC. A FLOGOA URTED LIABILITY CORPORATION, AND SEBASTIAN LAND GROUP. LLC, A FLORIDA LIMITED LIABILITY CORPORATION. ON BEHALF OF SAID COMPANIES. WHO IS PERSONALLY KNOW TO WE. NOTARY PUBLIC.` COMM1951CII NUMBER: -„__—___-- MINT NAME: __—___—______ NY COMMISSION EXPIRES ------ —___ CERTIFICATE OF TITLE STATE OF FLORIDA COUNTY OF SEMINOLE BEGINNING AT ME INTERSECTION OF THE NORTH RICHT—OF—WAY LINE OF DANS STREET AND THE NORTHEAST RIGHT—OF—WAY LINE OF PALM AVENUE. ACCORDING TO THE AMENDED PLAT OF OCEAN BREEZE HEIGHTS, AS RECORDED IN PLAT BOOK Z PAGE 7 OF ME PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, THENCE N52'52'12"W ALONG THE NORTHEAST RIGHT—OF—WAY LINE OF PALM AVENUE. A DISTANCE OF 699.93 FEET TO THE CENTERLINE OF ABANDONED JACKSON STREET (11TH STREET PER PLAT) AS RECORDED IN OFFICIAL RECORDS BOOK 1640, PAGE 160, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE N64'46'48"E ALONG SAID CENTERUNE, A DISTANCE OF 220.76 FEET; THENCE 525'73'12"E, A DISTANCE OF 40.00 FEET TO THE SOUTHWEST RICHT—OF—WAY LINE OF SAID JACKSON STREET; THENCE N64'46'48"E ALONG THE SAID SOUTHWEST RIGHT—OF—WAY LINE OF JACKSON STREET A DISTANCE OF 436.00 FEET TO AN INTERSECTION WITH THE WESTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NUMBER 1; THENCE S36'40'44£ ALONG SAID WESTERLY RIGHT OF WAY LINE A DISTANCE OF 336.77 FEET TO AN INTERSECTION WITH THE NORTHERLY LME OF SAID BLOCK 9, THENCE 56446'48"W ALONG THE SATO NORTHERLY LINE A DISTANCE OF 151.90 FEET TO AN INTERSECTION WITH THE WESTERLY UNE OF LOT 1 OF SAID BLOCK 9; THENCE S2513'127E ALONG THE SAID WESTERLY UNE A DISTANCE OF 125.00 FEET TO THE NORTHERLY LINE OF SAID LOT 14, THENCE 564'4648"W ALONG SAID NORTH LME A DISTANCE OF 100.00 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF LOT 13 OF SAID BLOCK 9; THENCE S2593'12'E ALONG SAID WESTERLY UNE A DISTANCE OF 125.00 FEET TO THE SOUTHERLY LINE OF SAID BLOCK 9; THENCE S64'46'48"W ALONG SAID SOUTHERLY LINE A DISTANCE OF 14195 FEET TO THE POINT OF BEGINNING SAID PARCEL CONTAINING 266,099.0 SOUARE FEET OR 6.11 ACRES, MORE LOCATION MAP: I' - 200' 161 L PHILIP L COCAS, 0 HERE OF CERTIFY L LOCHS. PA, EXAMINED ATTORNEY DULY LICENSED IN ME I �'�j SEBASTIAN AeaPan - `�Y STATE OF FLORIDA DS HEREBY CERTIFY MAT N HAVE ,ANATT ME MUTE 1LI THE HEREON I I DESCRIBED PROPERTY, THAT THE LANDS AS DESCRIBED AND SHOWN ON THE PLAT ARE IN THE NAME OF. AND APPARENT RECORD TITLE IS HELD BY RS SEBASTIAN OEV. I.I.C. A FLORIDA LIMITED UABIUTY CORPORATION, AND SEBASTIAN LAND GROUP, I.I.C. A FLORIDA UMITEO UABIUTY CORPORATION, AND THAT ALL TAXES HAVE BEEN PAID ON SAID PROPERTY AS REQUIRED BY GF R I NO C SECTION 197.192 OF THE FLORIDA STATUTES, AS AMENDED. AND MERE AGE NO MORTGAGES OR ENCUMBRANCES ON THE HEREIN DESCRIBED PROPERTY THAT HAVE NOT JOINED HEREIN OR HAVE I) NO170.: FERE AMY BE AMINNYAL OESrMCTVNS MAT ARE NOT RECORDED GN MIS BEEN REFLECTED HEREON, PLAT RMT MAT BE FOUND IN ME PUBLIC RECORDS OF THIS COMITY BY., DATE: PRIMP L LDCAS, A7TTXRIJEY AT LAW FLORIDA BAR NO. MORTGAGE CONSENT AND JOINDER: FOR NORrOAOE CONSENT AND JOINDER N DEDCATION SEE OFFICIAL RECORD BOOK ---- PACE OF THE FUSLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. CLERK C1° GrY CLERK CY rY CLERK TO ME COURT SURKYOI SURV£YOT TNC BOARD SEAL SCL SEAL SEAL SERC 0) ANo=.- NO IMPROVLOTNTS IRM D? LANDSCAPING SMALL BE PLACED O UDUTY EASEMENTS NMOUT FIRST CBTANNG APHMYAL FROM ME CITY OF SWASR N. fLOWA. ROUWr YANTENANCE ICG MORONS ETC) OF EASNENrt SNCL BE Mf RESPONSIBNTY OF ONE LDT/PROPERTY ONNEWS). 3i NOTICE: MIS PLAT. AS RECORDED M ITS GRAPOG.IL FERN, IS ME &WOAL DCRCBOV D< DE SUBONDED LANDS DESCRIBED HERON AND ANLL N NO CRCUNSIAAYFS BE .SUPPLAN7FD IN AUTHORITY BY ANY OTHER GRAPHIC DR DIGITAL FORM OF TW PUT. 4) N;%. COVENANTS RESTRIGIpYS OR RESERVATIONS AFT'LCWG INE ONNCRSNIP M USE OF MC PROPERTY SNOW IN MIS MAT ARE FILED IN OFFICIAL RECORD BOOK NO. ....... PAGE PUBLIC RECORDS OF AIDIAN ROVER COUNTY, FLORIDA. 5)=C0. 7 gOTS IN mcACn�aZTE lX"" LSED ON FLOOD INSURANCE RATE MAP 4) BASS DF BEARDas FOR MI6 PLAT IS ORA NORM LING ME SOUMNEST R/W LIKE OF JAOTSTR/ STREET. TIE BEARING BE'KR N64'~L ALCESE.PA LAOS'S ALL O%�T orRES INNORE55 AM EWM ANO VEHICLE AND PEDESTRIAN CERTIFICATE OF SURVEYOR STATE OF FLORIDA COUNTY OF INDIAN RIVER KNOW ALL MEN BY MESE PRESENTS, MAT THE UNDERSIGNED. 9EYLG A LICENSED AND REGISTERED LAND SURVEYOR, DOES HEREBY CERTIFY THAT ON 4/10/2015. 1 COMPLETED ME SURVEY OF WE LANDS AS SHOWN 1N THE FOREGOING PLAT: MAT SAID PLAT 15 A TRUE AMD CDNP.ECr REPRESENTATION OF ME DESCRIBEDANDS THEREIN SUMMED: OARhENCE MONUMENTS HAVE BEEN PLACED AREQUIRED B CHAPTER 177. FLORIDA MT O LAND 15 LOCATED M ME CITY OF SEBASTIAN. INDIAN RIVER COUNTY. FLORIDA THIS PLAT COMPLIES MTH ALL THE REOIIREMENTS OF CTY OF SEBASTIAN's LAND DEVELOPMENT CODE AND FLORIDA. STATUTES AS AMENDED. FOBS PUT WAS MADE UNDER NY DIRECTOR AND SUPERVISION AND THE PLAT CCMPLES WITH ALL THE SURVEY REOOREMENR OF CHAPER 177. PMT 1. PLATING. SIM' EQ ------------ -- GA ------- DAM TAYLOR FLORIDA REGI{TRAT OR NO. 5243 PROFESSIONAL SURVEYOR AND NAPPER OTY SURVEYOR'S CERTIFICATE I WR PLAT OF JACKSON STREET CORNERS SUODM510/, HAS BERN RENEWED FOR CONFORMITY TO ME REOUNEMFJOS OF CHAPTER 177. PMT I. FLORIDA STATUTES BY WE ONDERSCNE0 PROFESSIONAL SURVEYOR AND MAPPER EMPLOYED BY OR UNDER CONTRACT rM ME CITY OF SEBASTIAN. FLORIDA. I STIED:—___---_�--__�_ EAE: _--____-- RAND LL JONES, BERT JI PTOTESSIONAL LANA SURVEYOR I REGISTRATION NUMBER 100E I TO STATE O FLORIDA COUNTY OF INDIAN ROVER 1, CLERK OF CIRCUIT COURT OF NORM RIVER COUNTY, FLC TEAR, DD HEREBY CERTIFY MAT H HAVE EXAMINED THIS PLAT OF JACKSON STREET GOPHERS SUBDIVISION. AND MAT IT COMPLIES WIN ALL WE. REWIREMENTS OF CHAPTER 177 AS AMENDED OF THE LAWS OF ME STATE OF FLORIDA. MIS PLAT FILED FOR RECORD THIS ______ BAY OF —------ 2017, AND RECORDED ON PAGE —_— OF PUT BOOK ,__—_ AS DOCKET NUMBER -------- -------- N ME OFFICE OF ME CLERK OF CIRCUIT COURT OF INDIAN RIVER COUNTY. FLORIDA. Bn--'__------__ DEPUTY CLERK CF CIRCUIT COURT FOR JEFFREY R. SMITH CLERK OF THE CIRCUIT COURT AD COMPTROLLER INDIAN ROVER COUNTY, FLORIDA CERTIFICATE OF APPROVAL AND ACCEPTANCE BY ME 'CITY COUNCIL THIS 5TO CERTIFY THAT ON _--_-_--------- THE FOREGOING PLAT WAS APPROVER BY ME CITY OF SEBASTIAN CITY COUNCR. FLORIDA AND MAT THE UTILITY EASEMENTS AS SHOWN HEREON HAVE BEM ACCEPTED AND ACKNOWLEDGED. I MAYOR __ _ __ CITY ENGINEER ROBERT MCPMT,AN FRANK WATMABE. P.E. PRINT NAME --_.--___-- CTY'ATTORNEY CTY CLERK I ROBERT A, dNSBVRC JEWILLIAMS.LNC (ATTEST TO MAYOR'S SIGNATURE) ACCEPTANCE OF UTLTTY EASEMENTS BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY. FLORIDA: MWS IS TO CERTIFY MAT ON --------- THE UTILITY EASEMENTS ARE ACCEPTED BY ME BOARD OF COUNTY COMMISSIONERS OF INDIAN RIY£F COUNTY, FLORIDA. JOSEPH E. FLESCHER I CHAIRMAN OF THE BOARD i ATTEST: JEFFREY R. SMITH, CLERK OF THE COURT AND COMPTROLLER INDIAN ROVER COUNTY DEPUTY CLEAN (CLERK TO THE BONED) i PLAT BOOK.; JACKSON STREET CORNERS SUBDIVISION BEING A REPLAT OF A PORTION OF OCEAN HEIGHTS SUBDIVISION AND LYING IN SECTION 30, TOWNSHIP 38 SOUTH, RANGE 30 EAST, \ \ \ CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA. \ s \\ \\ DOCKET NUMBER: de \ T 4 \ pG�•� \ � tiw PSN sxr �- \ I LEcEo o '\\\ �o' pLvx 0 $ 'r, $O 5��� G \\ O P.R.M.�4"X+'rY�- CONCRETE MONUMENT SET AND GRAPHIC SCALE \\ \\ P Q .q9 ✓ O� Q o rd' \ \�� SrAMPE5E,PR i PSM 3743" UNLESS NOTED iLFy. Co , i ��.y, O LOT CORNERS . BE MONUMENTED M1TN A 1/2" IRON ROD. 18- LONG, AND CAP STAMPED "LB 4644" ul ft.31 OF Tar' S+ydr 1e d� Y1y. 0 \ �$ 6oA' Nni�`r' i�'0* sss•13n7 aro' �.5 \ WE, e %,tt�'t dtoa \ \ AIW PyI ll+a' Pc tis �e,'w',e'W ..T,• � �, \ i\\ Nt�p SN ♦ \ ev A6 •w1N PSN sr ABBREVIATIONS Cr Cp[TE NOMM[Nt \ \ \ A� r 7'f• ' \ \ TDMA F[p[RAL CYERCENCI MANApCM[NT AGENCY \ A ,MA G� ' $•'l`�'Y \ iv aA0"ROD -9 a+.m MR pN- OROFLAT (wouw aa�Ka GaINm m AGE\ PRN PMANENT REFERENCE MONUMENT .w m \ Iyd + 0 y �rpy \ POe PEROWT V eco -NG '00 WsOGOMMCENW\\ a4P \ � Td' d aOF lAYps. PNOrC'AL MN\gPANO MPER O.L \ �\ \ PINNACE EAEELANp a uta uR�0FE5S10M�AL,wsuRu[1vR �[[O.� 3 \6 - n•1a • ww z. sc.s\ ` \ 14 EASEMENT DETAIL SCALE: 7"-20' r - \ A3 rte r ,tl a \'\9 Q\j•�e\ �:'I ,off" t -naso. ass a / \ uwNe'w'[ ».1e• � - ssvaw-a asst \ \ � s r � 4'� �E � 4 p�S N 5 /NS7 UA(FN i AS PREPAREDY DA AYL R NS+WY+r7 y.D•" \ \ a �ANtI+N}+S 9 91 FOR I.fASlELLfR MOLER R TA 12014 INC. rnsrwp seraYrab +,es' M4*N Adr 1655,127 ,Cr STREET. SUITE 2. VERO BEV' EL. T tss Slava+1 sf.ro' \ \ ey,�n / / CERF/C.\Tf OF AUTNOR12ARON NO. (B 4644 aa.e snu. ti rme a sxilr�st s.er \ \ a s[ P`IONE 772-984-8050 FAx 772-794=0647 \ �CeINr veN 5bS / / ORIGINAL PREI-ARAOON DATE. !2/781,16 Ss+:t,vs7, rs.v � REIISIONS GATE Neevs'saz soY �('�E/(1/R1i(i \ \ wren. P.rApo \ / a/M srFc�or ww enesr \ \ V ' Ng +vevas sacs' \ ""p werNusr a/N trro \ \ REVISED PER COMMENTS r/31/17 9+' \ ? PILN A1flUS I REIASED PER COMMENTS t j27/17 SNEET 2 OT INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: February 1, 2017 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager Subject: Emergency Purchase Order for Southern Management for Spoonbill Marsh Maintenance Work DESCRIPTIONS AND CONDITIONS: Indian River County Department of Utility Services (IRCDUS) owns and operates two (2) regional potable water treatment facilities. The North County Reverse Osmosis (NCRO) Water Treatment Plant is rated for 11.44 million gallons per day (mgd). The facility includes a brackish water wetland treatment and disposal site named Spoonbill Marsh. Demineralization concentrate from the NCRO water treatment plant is transmitted via a 16 -inch diameter pipe and blended with Indian River Lagoon water at ratios to achieve compliance with Class III marine surface waters, then discharged to a 69+ acre marsh before exiting through runnels to the Indian River Lagoon. The October 6, 2016, Hurricane Matthew brought in silt, debris into the site clogging the two major runnels (WIM-001 & WIM-002) that serve as the primary outfalls from the marsh. Furthermore, strong winds and storm surge from Matthew uprooted vegetation and damaged portions of the boardwalk. ANALYSIS: Southern Management has and is performing annual maintenance at the site. Staff reached out to Southern Management for a proposal to perform these maintenance activities due to their intimate knowledge of the site, attention to detail and most importantly, the timely responsiveness. The intention is to have the subject maintenance performed during dry conditions and cooler temperatures. FUNDING: Funding for the runnel and boardwalk maintenance at Spoonbill Marsh is available in the account within the Utilities Operating Fund. Operating funds are derived from water and sewer sales. Description Account Number Amount Spoonbill Marsh-Runnel/Boardwalk 47121936-044699 $22,847.50 C:\Users\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@7C059ESD\@BCL@7C059E5D.docx P168 RECOMMENDATION: Staff recommends approval of the attached proposal authorizing the above-mentioned services and requests the Board of County Commissioners direct the Purchasing Manager to issue a purchase order for a lump sum amount of $22,847.50 to Southern Management. ATTACHMENT(s): Proposal from Southern Management P169 Southern Management 6945 49th Street - Vero Beach a FL - 32967 772=473-1577 DATE: January 27, 2017 TO: Vincent Burke, Indian River County Utilities FROM: Beth Sembler, Southern Management SUBJ: Revised Spoonbill Marsh Post Hurricane Matthew Field Assessment Scope of Work FIELD ASSESSMENT/SCOPE OF WORK: Priority Classification: High: 1. Clean out existing runnel ditches #1 and #2. Runnel ditches are almost entirely plugged due to vegetative debris, root balls, mud, leaves, sticks, etc. due to Hurricane Matthew's strong winds that have blown over vegetation. These runnel ditches are the only provided drainage for the Spoonbill marsh area. Spoonbill marsh cannot operate as designed unless these runnel ditches are promptly cleaned. Cleaning these runnel ditches will be time-consuming, labor intensive and dangerous due to the sight conditions that can only be accessed by foot and cleaned by hand and hand tools. Many of the blown over root balls within the ditch drainage boundaries have left deep holes in excess of five-foot deep. Extreme caution and safety will need to be exercised in this clean up area. This is extremely hazardous work. Scope of Work: Estimated 84o-10 days for completion of clean out of both runnel ditches. Total estimated personnel hours of 554 hours @ $32.50 per hour. Please note: Due to the complexity of the clean up areas and the large amount of submerged debris, we cannot fully anticipate the number of hours required until we are lonsite and physically conducting cleanup activities. This is a best -effort rough estimate based on a brief visual inspection. Total cost not to exceed: $18,005.00 P170 [Type text] Priority Classification: High: 2. Repair and or replace damaged boardwalk material. Numerous sections of the boardwalk have advanced decay and are completely rotted. In addition, numerous sections of the railing, pickets and deck surface have been broken or damaged due to limbs :and trees that have fallen on the boardwalk as a result of Hurricane Matthew's strong winds. Repairs need to be made throughout the entire boardwalk in affected areas. Scope of work: Includes labor to remove, replace and haul away damaged pieces of boardwalk. County to provide construction materials for repairs to be made. Total estimated personnel hours are 149 hours @ $32.50 per hour. Total labor cost not to exceed: $4,842.50 2 P171 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 2Th Street Vero Beach, FL 32960 'Telephone: (772) 226-1945 TO: Board of County Commissioners FROM: Diane Bernardo,. Finance Director om THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: January 27, 2017 SUBJECT: Government Finance Officers Association's Best Practice for the Investment Policy Attached to this memorandum is the Government Finance Officer Association's Best Practice for the investment, policy with eight key points. Jeffrey Smith will discuss at the Board meeting. P172 Investment Policy Government Finance Officers Association BEST PRACTICE Investment Policy BACKGROUND: An investment policy describes the parameters for investing government funds and identifies the investment objectives, preferences or tolerance for risk, constraints on the investment portfolio, and how the investment program will be managed and monitored. The document itself serves as a communication tool for the staff, elected officials, the public, rating agencies, bondholders, and any other stakeholders on investment guidelines and priorities. An investment policy enhances the quality of decision making and demonstrates a commitment to the fiduciary care of public funds, making it the most important element in a public funds investment program. RECOMMENDATION: GFOA recommends that all governments establish a comprehensive written investment policy, which should be adopted by the governing body. The investment policy should be reviewed and updated annually and should include statements on the following: Scope and investment objectives, Tailor the scope and investment objectives to the type of investment to which the policy applies (e.g., excess operating funds, bond proceeds, pension fund assets). • Roles, responsibilities, and standards of care. Identify the roles of all persons involved in the investment program by title and responsibility. Standards of care should include language on prudence (i.e., the prudent person rule), due diligence, ethics and conflicts of interest, delegation and authority, and knowledge and qualifications. • Suitable and authorized investments: Include guidelines on selecting investment types, investment advisors, interest rate risk, maturities, and credit quality, along with any collateralization requirements. • Investment diversification: State the government's approach to investment diversification, identifying the method that will be used to create a mix of assets that will achieve and maintain the government's investment objectives. • Safekeeping, custody, and internal controls: Develop guidelines to enhance the separation of duties and reduce the risk of fraud. • Authorized financial institutions, depositories, and brokeddealers: Establish a process for creating a list of financial institutions, depositories, and broker/dealers that will provide the primary services necessary for executing the investment program. • Risk and performance standards: Establish one or more appropriate benchmarks against which the portfolio should be measured and compared. • Reporting and disclosure standards: Define the frequency of reporting to the governing body and the government's management team. http://www.gfoa.org/print/I 1996 1/27/2017 P173 1 GFOA Best Practice— Investment Policy The Government Finance Officer's Association of the United States and Canada represents public finance officials throughout the United States and Canada. Its more than 18,000 members are federal, state/provincial and local finance officials deeply involved in planning, financing, and implementing thousands of governmental operations in each of their jurisdictions. The GFOA's mission is to promote excellence in state and local government financial management. The GFOA Best Practices identify specific policies and procedures as contributing to improved government management. It aims to promote and facilitate positive change rather than merely to codify current accepted practice. GFOA Best Practice — Investment Policy The GFOA Best Practice for Investment Policy was approved by the GFOA's Executive Board. Our policy for the Investment of Board Surplus Funds was approved by the BCC originally on September 5, 1995 and amended as needed since then most recently on January 28, 2016. Our policy for the OPEB Trust was originally approved January 28, 2009 and amended as needed since then, most recently on November 5, 2013. Conclusion: We have been proactive in our investment management and follow the best practices. P 1113-12 GFOA Best Practice— Investment Policy The GFOA Best Practice on Investment Policy contains eight (8) key provisions: ■ Scope and investment objectives: Tailor the scope and investment objectives to the type of investment to which the policy applies (e.g. excess operating funds, bond proceeds, capital needs, etc) ■ In our investment policies, sections I and II, we cover the Overview and Purpose of the Policy and the Objectives of investment activities. The OPEB policy has both a short-term objective and a long-term objective specifically stated. Items of Note ■ Roles, responsibilities and standards of care: Identify the roles of all persons involved in the investment program by title and responsibility. Standards of care should include language on prudence (i.e. the prudent person rule), due diligence, ethics and conflicts of interest, delegation and authority and knowledge and qualifications. ■ In our policies, sections III and IV cover the Delegation of Authority and Oversight Procedures and Prudence, including specifically stating the "Prudent Person Rule". P 1gJ-A GFOA Best Practice— Investment Policy ■ Suitable and authorized investments: Include guidelines on selecting investment types, investment advisors, interest rate risk, maturities, and credit quality, along with any collateralization requirements. ■ Our policies have a detailed list of authorized investments in Section V along with a those investment types specifically prohibited (Section VIII for OPEB). For the Board Policy, it also requires us to purchase investments at par or at a discount, never paying premiums for investments. Since the OPEB Trust is permitted to invest in the market, there is not such provision. In addition, Section V discusses credit quality and any collateralization requirements. In Section VI, maturity and liquidity are addressed. GFOA Best Practice — Investment Policy ■ Investment Diversification: State the government's approach to investment diversification, identifying the method that will be used to create a mix of assets that will achieve and maintain the government's investment objectives. ■ In Section VIII of our policies, there are specific guidelines as to portfolio composition, risk and diversification. The policies give some flexibility to further restrict or increase investment percentages in the composition from time to time based on market conditions. It identifies with specificity, the % of the portfolio that can be invested in different types of investments along with • of the portfolio that can be invested by stated maturities. It also limits the % of the amount invested with any one financial institution. The OPEB Trust has a short-term component and a long-term component detailed in its policy. GFOA Best Practice — Investment Policy ■ Safekeeping, custody, and internal controls: Develop guidelines to enhance the separation of duties and reduce the risk of fraud. ■ Section X of the policies define the procedures and guidelines for the Clerk to comply with in regards to safekeeping and custody of securities. It requires safekeeping to be by a third party custodial bank. The Clerk will execute the third party custodial agreements and said agreements will include details as to the responsibilities of each party, the costs to be borne by each party, notification of security purchases, sales, delivery, repurchase agreements and wire transfers, safekeeping and transaction costs and procedures in case of unforeseen mishaps. GFOA Best Practice — Investment Policy ■ Safekeeping, custody, and internal controls: Develop guidelines to enhance the separation of duties and reduce the risk of fraud. (continued) ■ Section XIII of the Board Policy and Section XII of the OPEB policy require the Clerk to adopt a written set of internal controls and operational procedures to be implemented by the Investment Officer. Said controls are designed to protect the County's funds and ensure proper accounting and reporting of securities transactions. These procedures are required to be reviewed annually by the Investment Advisory Committee and subject to review by the external auditors as part of the annual financial audit. GFOA Best Practice — Investment Policy ■ Authorized financial institutions, depositories and broker/dealers: Establish a process for creating a list of financial institutions, depositories, and broker/dealers that will provide the primary services necessary for executing the investment program. In our policies, Section IX entitled "Authorized Investment Institutions and Dealers" require extensive vetting and documented proof of certifications, state registrations and audited financial statements. Approval by the Investment Advisory Committee is also required. Additionally, Section XI of the Board Surplus Investment Policy covers the requirements for the Clerk to execute agreements with banks etc. GFOA Best Practice — Investment Policy ■ Risk and performance standards: Establish one or more appropriate benchmarks against which the portfolio should be measured and compared. ■ In Section VII of the policy, the yield of the one-year Treasury at a constant, fixed maturity is established as the benchmark for investment of County funds. In the OPEB Investment Policy, Section VII defines the appropriate benchmarks for the short-term portion and the long-term portion of the portfolio. r P1173.5, GFOA Best Practice — Investment Policy Reporting and disclosure standards: Define the frequency of reporting to the governing body and the government's management team: ■ In the Board policy, Section XIV requires quarterly reports concerning the investment activities, investment portfolio's and performance to be submitted to the Investment Advisory Committee and placed as an agenda item for the Board of County Commissioners. Other information may be included such as market conditions, economic developments and anticipated investment conditions. In the OPEB policy the same requirements are in Section XIII. GFOA Best Practice — Investment Policy ■ In addition, our policies go a step further. They both contain sections covering bid requirements on investments and continuing education. ■ Both policies have a section on bid requirements for purchase of investments (Section XII of the Board policy and Section XI of the OPEB policy) and continuing education requirements of 8 hours annually (Section XV of the Board Policy and Section XIV of the OPEB Policy). P 1.7 Mal INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: The Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: John King, Director FROM: Brian Burkeen, Assistant Fire Chief DATE: January 17, 2017 SUBJECT: Notice of Public Hearing for an Application for a Certificate of Public Convenience and Necessity for a Class E 1 Certificate from ETS Experience Transportation Services Inc. to Provide Wheelchair Transportation Originating in Indian River County A public hearing will be held on February 14, 2017 pursuant to Chapter 304 of the Indian River County Code, for the purpose of considering the application of ETS Experience Transportation Services, Inc. to provide wheelchair transport services originating within Indian River County. The hearing will take place at the County Administration Complex, Building A, County Commission Chambers, 1801 27th Street, Vero Beach FL beginning at 9 am or as soon thereafter as may be heard. An application for a Class E1 Certificate of Public Convenience and Necessity to provide Wheelchair and Non -Emergency Medical transport services has been received from ETS Experience Transportation Services, Inc. ETS Experience Transportation Services, Inc. is requesting this certificate to allow their units to transport wheelchair clients/patients from Indian River County. P174 I agree this ad is accurate and as ordered. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Board of County Com- missioners of Indian River County, Florida, will conduct a Public Hearing to consider the following: AN APPLICATION FOR A CER- TIFICATE OF PUBLIC CONVE- NIENCE AND NECESSITY FOR A CLASS "El" CERTIFICATE FOR ETS EXPERIENCE TRANS- PORTATION SERVICES, INC. TO PROVIDE WHEELCHAIR VEHICLE SERVICE AND NON -EMERGENCY MEDICAL TRANSPORTATION SERVICE, AS DEFINED IN AND PURSU- ANT TO CHAPTER 304, INDI- AN RIVER COUNTY CODE, The Public -Hearing -will -be -held on--jTuesday, February 141 --2017-at=9:05 a:m:,--oras=soon== -- thereafter as the matter may be heard, in the County Com- mission Chambers located on the first floor of Building A - - of -the County -Administrative_--- Complex, 1801 27th Street, Vero Beach, Florida 32960, at which time interested parties may be heard with respect to the application. Any proposed documents may be ascertained by the pub- lic during regular business hours (8:30 a.m. to 5:00 p.m., Monday -through -Friday) -qt the_Mfices of Emergency Services, located—at-4225 43rd--Avenue, Vero Beach, Florida 32967. Anyone who may wish to appeal any decision which may be made at this meet- ing will need to ensure that a verbatim record of the proceedings is made, which includes testimony and evi- dence upon which the appeal is based. Anyone who needs a special accommodation for this meeting must contact the County s Americans With Disabilities Act (ADA) Coor- dinator at 772-226-1223 at least 48 hours in advance of the meeting. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS JOSEPH E. FLESCHER, CHAIRMAN Pub: February 6, 2017 TCN 1462477 DEPARTMENTAL INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: IRC Courthouse Judges Security Upgrades Funding Request DATE: January 27, 2017 DESCRIPTION AND CONDITIONS On August 16, 2016, the Board of County Commissioners approved Work Order No. 2 with Masteller & Moler, Inc., to provide planning, design, and permitting services for exterior security improvements to the County Courthouse for the Judges. Design of the project nearing completion, the project has been submitted to the City of Vero Beach for site plan permitting, and the project has been submitted to the IRC Building Department for a building permit. The project consists of a 10 -foot concrete wall that will surround the existing.ludges parking area, aesthetic features to match the existing courthouse, a remote operated security gate, a security door on the south side of the parking area, lighting, landscaping, and sidewalk upgrades to meet ADA accessibility. The engineer's estimated cost for the project is $396,750.00, staff is presenting the cost to the BCC for action. FUNDING The project is not currently budgeted. Upon approval, funds can be allocated by a budget amendment from Optional Sales Tax/Cash Forward -Oct V to Optional Sales Tax/Facilities Maintenance/Courthouse Judges Security- Acct# 31522019-066510-16033 RECOMMENDATION Staff recommends authorization of funding to construct the Courthouse Judge Security Upgrades in the amount of $396,750.00. ATTACHMENTS Engineer's Estimated Cost Proposed Improvements DISTRIBUTION Masteller & Moler, Inc. APPROVED AGENDA ITEM FOR February 7, 2017 P 1Public WorksTNGINEERING DWISION PROJECTW 621 IRC Counhouse Judges Security UpgradesNI-Adutinftenda ItemsWC Authorize Funding\BCC Agenda Courthouse Security doe P175 VMASTELLER & MOLER, INC. M -�-; CIVIL ENGINEERS IRC COURTHOUSE JUDGES SECURITY UPGRADE IRC Project No. 1621 Engineer's Construction Cost Estimate ,44,�':+,;4.. A--,,.�.v.73...._e-wF. - - iin �`,v:F#v ': ase��i -< -`._ .: '`^.^..z! :!4• �`l.- .,,..d31-•POa�k. .,.---'., d.-RuL.^'..v.-w ��J 1 Mobilization / Traffic Control 1 LS $50,000.00 $50,000.00 2 Demolition 1 LS $15,000.00 $15,000.00 3 Silt protection/ NPDES 1 LS $4,000.00 $4,000.00 4 Sitework 1. LS $50,000.00 $50,000.00 5 Irrigation & Landscaping 1 LS $8,000.00 $8,000.00 6 Dual Gates w/ Operators & Controls (Complete) 1 LS $75,000.00 $75,000.00 7 Masonry Walls 1 LS $65,000.00 $65,000.00 8 Simulated Stucco Finish (Match Existing) 1 LS $35,000.00 $35,000.00 9 Wall Aesthetic Treatment 1 LS $3,000.00 $3,000.00 10 Concrete Driveway / Sidewalks 1 LS $10,000.00 $10,000.00 11 1 Pedestrian Door w/ Controls (Complete) 1 LS $10,000.00 $10,000.00 12 lElectrical 1 LS 1 $20,000.00 $20,000.00 tai sttmate",Cbi't' tion�l✓o 1 *Y:::.. RM., t- Contigincy 15% $51,750.00 OWNS(� �rD Prepared by MASTELLER & MOILER, INC. I, Stephen E. Moler, a Florida Professional Engineer, License No. 33193, certify to Indian River County 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. NK163t)� I ebhen E. MAler, P. E. FL #33393 ;•• STATE OVice pis ent C [ostEsfimate] 1655 27th Street, Suite 2 Page 1 of 1 Coststi (ConstructionCostEstimate_17-0121.x1sx) Vero Beach, FL 32960 (772)567-5300 P176 i I I I I I 1 I I 1 e I I _ I I i S�- - WnOGe[ OPLR eyOA6 RlAO![ FYI4TNA flq" - 1 .0' aeR esnar vwxmf6W RF VNtILn 19.NY-M.93' C '°�A•oxa.e m Inr) m r..e.es D r, --; - _ 1 ra�t(iai(nT ia�nh(�nat (�1mmtt :+1 rryYi w,L 'm O.- . �a+l. ,pnp•,t�rme( +a m p1L@WG � pt IPelm omuml�, - l �IeMR _�yTy•w•1�� 1 ... � � �.a�� Ih •lo'I" .wc i' •rT �,I';, ,, .' II II Ti•I' •„' ;�+ GRAPW SCALE eRTAtL alenw ram +♦ n Ron yr4R ' i �a rwi io Irewi~ . . '� �v twc 1 • .. rmanmwn:arq . 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DETAIL •A• DETAIL W I SITE IMPROVEMENTS PLAN • �^ �'G����� A a o M ev, ae nea mrvas . wo frd xef roK .mr ,, CONSTRUCTION PLANS �M STELLER & MOLER, INC.MA .,M , uoco wo t uac ewsr ruL Ga, A �Ml 6oc aZ 00 e 9)0&M G30r/QG3 C OO MG�4Cl COO NJG34Gt] aOM�Q :•.,: r ev. rta ru. w�een�rs mr "'•+•.''••''rte r . a �°”' cErsnnaTE OF AURIGRRATION IRMBER •za JMD®Q°@ �3QC�'NJG304r1 NJP®G3C•JDQ � .=•'•,.....e„r, a,/z�INT `" REVISfONS 'm �se7-WM 9MM' AX C X794-1108 FLaa� azREo ar m YL400NM INDIAN RIVER COUNTY • STEPHEN E. MOLER, P.E. FL 3193 ,e^ °Aaca+rsn raovo� om. ramu..fen .c v V r iZw� � s ccxrRACTrn dGUL INarAu Alo w\arwel ager I++allacroxAa NY!'YNRi. •`� * ��Y ' n� - wa"P A ILLL f1�IRID 6ILA1D EO.•Bi li/+f111�1HtlAl �JV1L ee m ar+l w NrTeeBe.vo Ix vnemlrawmtr ro !wpS�'w 9 ' +• 'd • AOR•\21N R11C8R CA?+AC! NTew IaD VAY9 1. 18i 36d4)C (Jd0316OIC S1LW. NGf 1.�Y� ]R 'Y A1D M Wl9tID➢tK SIOR • 1 Mr D¢® Sl .w ali' tt oaacaw . .t{y mm . i g meGl10LV. NO Sf WIGIIAK 0.Ntl EY Oa6tl RaR AOOfiMYML (MTdLTMI MlfaNTION . l 61612 f{AI1r IN1TfaAL 9MLL � AMIQUI Q 2G �•m9. ' 1�'f..r u.`�'-, _ Li Pf,IB gKMTAiM MOR FLNIraS NO �1VL1 ft afliALLID Ib ladle 1lIN190 OGlf d rerrmc n en+�1 1. OONIRALTdt'AGNL HTOTY IX Odt»Alto11 TS1D! 110a'• I �. G b rsao rrx aam\Tlar Q ND1161Be 11 rm �Vl A AIL PAVCEIf MMtl[MSi 11MIM GTI'd'uTfM eRiYJr MI e1W.L R' M lm IXRELTD AYCTD Mwtwl/enG. DETAIL •A• DETAIL W I SITE IMPROVEMENTS PLAN • �^ �'G����� A a o M ev, ae nea mrvas . wo frd xef roK .mr ,, CONSTRUCTION PLANS �M STELLER & MOLER, INC.MA .,M , uoco wo t uac ewsr ruL Ga, A �Ml 6oc aZ 00 e 9)0&M G30r/QG3 C OO MG�4Cl COO NJG34Gt] aOM�Q :•.,: r ev. rta ru. w�een�rs mr "'•+•.''••''rte r . a �°”' cErsnnaTE OF AURIGRRATION IRMBER •za JMD®Q°@ �3QC�'NJG304r1 NJP®G3C•JDQ � .=•'•,.....e„r, a,/z�INT `" REVISfONS 'm �se7-WM 9MM' AX C X794-1108 FLaa� azREo ar m YL400NM INDIAN RIVER COUNTY • STEPHEN E. MOLER, P.E. FL 3193 ,e^ °Aaca+rsn raovo� om. ramu..fen .c v V DEPARTMENTAL INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Work Order No. 2, Masteller & Moler, Inc. Amendment No. 2 IRC Courthouse Judges Security Upgrades DATE: January 27, 2017 DESCRIPTION AND CONDITIONS On November 15, 2011, the Board of County Commissioners approved the Continuing Contract for Professional. Services with Masteller & Moler, Inc. and on November 4, 2014, approved an Extension and Amendment of the Continuing Contract. On August 16, 2016, the Board of County Commissioners approved Work Order No. 2 with Masteller & Moler, Inc., to provide planning, design, and permitting services for exterior security improvements to the County Courthouse for the Judges. The purpose of Amendment No. 2 is to provide design services for wall aesthetic features associated with the exterior security improvements to the County Courthouse for the Judges. Amendment No. 2 is for a total lump sum amount of $2,875.00. FUNDING This amendment is not currently budgeted. Upon approval, funds can be allocated by a budget amendment from Optional Sales Tax/Cash Forward -Oct 1St to Optional Sales Tax/Facilities Maintenance/Courthouse Judges Security- Acct# 31522019-066510-16033 RECOMMENDATION Staff recommends approval of Amendment No. 2 to Masteller & Moler, Inc. authorizing the above- mentioned professional services as outlined in the attached Scope of Services (Exhibit A) and requests the Board to authorize the Chairman to execute the attached Amendment No. 2 on their behalf for a total lump sum amount of $2,875.00. ATTACHMENTS Amendment No. 2 Wall Exhibits Masteller & Moler, Inc. APPROVED AGENDA ITEM FOR February 7, 2017 ENPublic Works1ENG1NEERING DIVISION PROJECTS\1621 IRC Courthouse Judges Security Upgrades\I-Admin\Agenda ItemS\BCC Addendum #2\BCC Agenda Masteller & Moler Amendment 92.doc P178 AMENDMENT NUMBER 2 WORK ORDER NUMBER 2 IRC COURTHOUSE JUDGES SECURITY UPGRADE — IRC Project No. 1621 This Amendment 1 to Work Order Number 2 is entered into as of this _ day of 201_, pursuant to that certain Continuing Contract Agreement for Professional Services, dated November 15, 2011, and that certain Extension and Amendment of Continuing Contract Agreement for Professional Services entered into as of this 4th day of November, 2014 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Masteller & Moler, Inc. ("Consultant"). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order -Number 2, Effective Date August 16, 2016. 2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit "A" attached to this Amendment and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit "A", and within the timeframe more particularly set forth in Exhibit "A", all in accordance with the terms and provisions set forth in the Agreement. 3. From and after the Effective Date of this Amendment, the above -referenced Work Order is amended as set forth in this Amendment. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: MASTELL MOLER, INC By: Stephen E. Moler, PE Title: Vice President By: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Joseph E. Flescher, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney P179 M j MASTELLER & MOLER, INC. M CIVIL ENGINEERS EXHIBIT "A" AMENDMENT #2 TO WO # 2 - Masteller & Moler, Inc. IRC COURTHOUSE JUDGES SECURITY UPGRADE — IRC Project No. 1621 Professional Engineering Services This Amendment is intended to provide for final design services for proposed wall aesthetic features to be implemented per the approved Concepts prepared by our sub -consultant, Lucido & Associates, for this project. Scope of Work: We will coordinate with Lucido & Associates to prepare a design direction plan based on the approved schematic design perspectives which provides clarity during the bidding process. Items to be provided and limited to within the design direction plan are aesthetic matching of the concrete cap, specification of metal architectural detail (from building) and decorative stucco scoring along with quantity and specification of replacement hedge along base of wall. We will complete the above-described scope of services for the Lump Sum fee of $ 2,875.00. Upon receipt of executed Amendment No. 2, we shall complete the scope of services for this project on the following schedule: Schedule 1. Project shall be completed as follows: Task I — Land Surveying Done Task II — Design (Civil) / Site Plan Application Done Task III — Design (Structural) Done Task IV — Electrical Done Task V — Wall Aesthetics Concept Design Done Task VI — Wall Aesthetic Final Design 15 Days Please let me know if you have any questions or concerns Sincerely, ELLER & MOLER, INC. Stephen E. Moler, PE Vice President SEM/Cab F1101620 (1620LG Amertd2toWO2_17-0123.docx) 1655 27"' Street, Suite 2 • Vero Beach, Florida 32960 Phone: (772) 567-5300 • Fax: (772) 794-1106 mastmolr@bellsouth.net P180 I of-j'Q'i L JII Nil 8.j i� i4 I W�4r� NORTH, 0,11111v luoo&associates SCREEN WALL A. I if 'r. 1i�he Ilk is i . �, X" •� ' „ 7 �•M?1 SOUTH. Indian I6vo , onnl, f:" nrih,,n c SCREEN WALL :^� H �� lu���., `� 6& associates IaA Dylan Reingold, County Attorney William K DeBxaal, Deputy County Attorney Kate Pingolt Cotner., Assistant County Attorney Office of INDIAN MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal, Deputy County Attorney DATE: February 1., 2017 SUBJECT: 16th Street Ball Fields Attorney's Matters 02/0772097 RIVER COUNTY ATTORNEY The 16th Street Ball Fields are located north of 16th Street between 20th Avenue and 17th Avenue within the city limits of Vero Beach. An aerial photo of the Property is attached as Exhibit A. A December 2016 survey shows the property to be 11.57 acres in size. Property consists of three softball/little league/baseball diamonds with lights; fencing, parking, concession, press boxes and announcers' booths. In 2013, the property was under a ten year lease with Indian River Sports Complex, Inc. but that lease was terminated by the mutual consent of the parties. The property is currently being maintained by the County. As the property lies within the City of Vero Beach, the Vero Beach zoning code applies to the parcel. The ball field property is zoned R1, residential, up to six units per acre. The 40 acre property to the south is Vero Beach High School and owned by the Indian River School District. It is also zoned R1. The 4.33 acre property to the east is the high school football stadium owned by the School District. It is zoned RM 10/12, residential, multifamily up to 10 to 12 units per acre. The 1.41 acre property to the northeast is owned by Sunshine Physical Therapy and is zoned H, hospital and institutional. The property due north of the ballfields is owned by Indian River County and leased to the Boys and Girls Club and St. Francis Manor. The 3.8 acres leased to the Boys and Girls Club is also zoned H, hospital and institutional. The 5.52 acres leased to St. Francis Manor is zoned RM 13, residential, multifamily up to 13 units per acre. To the east of the subject property is Little Acre Farms subdivision and the zoning in that subdivision is R1, residential, up to six units per acre. A zoning map and future land use map depicting the area are attached to this memorandum as Exhibit B. Before a county can sell a parcel of property this size, it first must be declared surplus by P183 16th Street Ball Fields February 1, 2017 Page .12 the governing body. In May 2016, the Board of County Commissioners decided to declare the- property- surplus Since- the -property- is .bordered -by-the Vero_Be-ach-_High School_ and the football stadium, a logical interested party would be the School District. Various discussions were held by the County Administrator and representatives from the School District in the last half of 2016. Initially, District staff expressed limited interest in the property citing a lack of available funds. Later discussions with District staff produced a list of District owned properties they would recommend for possible trade for the ball field parcel. A list of the parcels offered for trade by the School District is attached to this memorandum. County staff has reviewed the list of the properties offered for trade and the property cards for each parcel are attached to this memorandum as Exhibit C. At the Board's meeting of December 20, 2016, the Board voted to obtain an appraisal of the ball field property. The Board tasked the appraiser with two values for the appraised property. First, the Board asked for a value of the property in its current state. Second, the Board asked for an appraised value of the property in a multifamily condition similar to the neighboring St. Francis Manor leased property that carries a density of 13 units per acre. County staff contacted Boyle and Drake to perform the requested appraisal. A copy of the appraisal is available for review in the County Attorney's Office. The appraiser valued the ball field property based on recent sales of comparable parcels including the Willows subdivision at 16th Street and 74th Avenue and the Bridgehampton Subdivision on State Road 60 east of 50th Avenue. Both single and multifamily parcels were used as comparables. The appraisal valued the ball field property in the "as is" condition at $500,000. If rezoned and the underlying land use is changed, the appraisal offered a value of $725,000 for a 10/12 unit per acre multifamily density. Two important factors should be brought to the Board's attention. First, the underlying land use designation of the ball field parcel is GU, Governmental/Institutional/Public Use. Even though the zoning category is R1, up to six units per acre, the underlying land use would have to be changed by a potential buyer to a single family residential designation in order to harmonize the zoning and the land use designation. This would require an amendment to the City of Vero Beach's Comprehensive Plan and may be a factor in any sale of the parcel. Similarly, if a higher 10 to 12 unit per acre zoning density is sought, both the GU land use designation and the R1 zoning classification would need to be changed, again requiring a City Comprehensive plan amendment. Since the ball field property is over 10 acres in size, requirements of a large scale plan amendment would be in effect requiring at least three public hearings on a local level and two reviews at the state level. Normally, this process takes 10-12 months. Second, the City has a 200'x 200' utility easement (0.92 acres) on the northeast portion of the ball field parcel. This is the site of an existing City production well used for drinking water. Staff has confirmed this is an active well currently used daily by the City. While the P184 161h Street Ball Fields February 1, 2017 Page 13 - appraisal -assumes-the-0.-92-acres to--be-developable, it -appears that the-Boar-d_shoul.d take -__- into consideration the easement and access thereto would further reduce the development potential and value of the ball field parcel. City planning staff has expressed a willingness to recommend residential development of the ball field parcel, including higher densities. The ball fields have been 'in existence at the same location for generations. Proposed changes to the zoning and future land use could bring about opposition at the three public hearings (one by the Planning and Zoning Board and two by the City Council, including two rounds of review by the State) especially if higher density zoning is sought. While County Community Development and Planning staff have participated in many comprehensive plan amendments, staff cannot recall an instance where the County acted as an applicant for an amendment in a neighboring municipality. Funding. There are no County funds impacted by this matter. Recommendation. Staff presents the following four options concerning the 16th Street Ball Fields. Staff recommends that the Board discuss the four options and direct staff accordingly: 1. Direct staff to offer the ball field parcel for sale in its current state via the sealed bid process, adding terms and conditions of the sale deemed acceptable to the Board. 2. Direct staff to petition the City for a zoning change and comprehensive plan amendment necessary for multifamily zoning and a higher density land use designation. 3. Direct staff to negotiate a property trade for one or more of the parcels on the list presented by the School District for the ball field parcel. One of the conditions of the trade could include a reverter clause, requiring the District to return the property to the County when the District's use of the property ends. 4. Just before the agenda deadline, staff has been contacted by a group interested in keeping the baseball fields intact and used for youth baseball. The group has asked for two weeks' time in order to formulate .a business plan and present the plan to staff and ultimately the Board. P185 Ott,' air to lt4 L:J_ A r 2oTH rl 17 Ll 175 4A 4. k rt ft C3 tti hie_-I qza� X w P186 PM air W.W IMNIN fir :��: i"-= 2�il:.�i : i°• ••!1 " ac Ji a[ � � u \-: �:- ° �.-.� _ : �t �w:' JJ d-+alc j ? :i �i N M.2 Mal _9 00 4 J4 School District Of Indian River County Vacant Property Lit - Property . I/ p }ec) prvP�c it ce-rd 1 00 Property Name Property Address Acres Parcel Administration Parking Lot 2462 20TH AV VERO BEACH, FL 32960 0..2 33390200002009000010.0 Fellsmere Lot 26 N CYPRESS ST FELLSMERE, FL 32948 0.56 31370000009115000001.0 Property (South County) 20TH AV VERO BEACH, FL 32962 5.24 33392300001011000002.0 Property (South County) 800 20TH AV SW VERO BEACH, FL 32962 4.87 33392300001014000001.0 Property (South County) 2200 9TH ST SW VERO BEACH, FL 32962 45 .37 33392300010000000001.0 Roseland Property 12870 81ST AV SEBASTIAN, FL 32954 1.93 303821000050240000-00.0 North US 1 Property 6580 IIS Highway 1, Vero Beach', FL 32967 2.32 323910000001000-00023.0 I/ p }ec) prvP�c it ce-rd 1 00 Indian River County, Florida Property Appraiser's office: , ASA CFA Parcel - 33392300001011000002.0 GENERAL PARCEL INFORMATION Owner INDIAN RIVER COUNTY SCHOOL, BOARD Property Address 9TH ST SW VERO BEACH, FL 32962 Mailing Address 6500 57TH ST VERO BEACH, FL 32967 Legal Description INDIAN RIVER FARMS CO SUB Page 1 - Run at: 1/11/2017 No image found. LAND ASSESSMENT HISTORY PBS 2-25 A PCL OF LAND LYING IN SEC 23, TWN 33 S, RGE 39 E BEING MORE PART D_ESC AS FOLL: Property Use 8300 - COUNTY BOARD OF PUBLIC IN TaxCode 7 (Unincorp Indian River County) Neighborhood 990171.00 - E 27AV S1SW/OSLO & US1 MB Appraisal Date 3/24/2015 Page 1 - Run at: 1/11/2017 No image found. LAND ASSESSMENT HISTORY Rec Land Use zoning Acres Units Unit Type Front Depth Adj. Code Year PUse VBy Land JV Bldg Val Misc Val CAMA Val Taxes 001 83A -COUNTY BOARD OFRS-6 5.24 5.24 A - ACRE 0 0 NA 2016 8300 C $89,080 $0 $0 $89,080 $0.00 2015 8300 C $89,080 $0 $0 $89,080 $0.00 2014 8300 C $83,840 $0 $0 $83,840 $0.00 2013 8300 C $79,650 $0 $0 $79,650 $0.00 MISCELLANEOUS IMPROVEMENTS 7 co 0 Prenerty Recxd Cart'. generated 1/1.1!20,178:54 19 AV !or Indi2n River County Porida BUILDING PERMIT SUMMARY SALES Date Price Grantor Book Page Code Vac/Imp 11/2007 $100 INDIAN RIVER COUNTY 02218 00849 01 V 06/1992 $1,000,000 ANSIN 00937 01223 02 V 06/1992 $1,000,000 ANSIN 00937 01219 02 V MISCELLANEOUS IMPROVEMENTS 7 co 0 Prenerty Recxd Cart'. generated 1/1.1!20,178:54 19 AV !or Indi2n River County Porida Indian River County, Florida Property Appraiser's office: , ASA CFA Parcel - 33392300001014000001.0 GENERAL PARCEL INFORMATION Owner INDIAN RIVER COUNTY SCHOOL, BOARD Property Address 800 20TH AV SW VERO BEACH, FL 32962 Mailing Address 6500 57TH ST VERO BEACH, FL 32967 Legal Description INDIAN RIVER FARMS CO SUB Page 1 - Run at: 1/11/2017 No image found. , C-6. i LAND PBS 2-25 A PCL OF LAND LYING IN SEC 23 T WP 33 S RGE 39 E BEING MORE PART DESC AS FOLL; Property Use 8300 - COUNTY BOARD OF PUBLIC IN TaxCode 7 (Unincorp Indian River County) Neighborhood 990171.00 - E 27AV S1SW/OSLO & US1 MB Appraisal Date 7/21/2015 Page 1 - Run at: 1/11/2017 No image found. , C-6. i LAND ASSESSMENT HISTORY Rec Land Use Zoning Acres Units unit Type Front Depth Adj. Code Year PUse VBy Land JV Bldg Val Misc Val CAMA Val Taxes 001 83A - COUNTY BOARD OFRS-6 2.63 2.63 A - ACRE 0 0 NA 2016 8300 C $92,310 $0 $0 $92,310 $0.00 002 83A -COUNTY BOARD OFRM-6 2.24 224 A - ACRE 0 0 NA - 2015 8300 C $92,310 $0 $0 $92,310 $0.00 06/1992 2014 8300 C $86,880 $0 $0 $86,880 $0.00 00937 2013 8300 C $82,540 $0 $0 $82,540 $0.00 SALES Date Price Grantor Book Page Code Vac/Imp 11/2007 $100 INDIAN RIVER COUNTY 02218 00849 01 V 06/2007 $100 'HORIZON NURSERY OF 02196 01554 01 V 07/2005 $100 SCHOOL BD OF IRC 01898 00573 01 V 06/1992 $1,000,000 ANSIN 00937 .01223 02 V 06/1992 $1,000,000 ANSIN 00937 01219 02 V MISCELLANEOUS IMPROVEMENTS BUILDING PERMIT SUMMARY Pro:xorty Rer ord Card nonerited 1/11/2017 8:55'19 nM for Indiar River County Florida Indian River County, Florida Property Appraiser's office: , ASA CFA Parcel - 33392300010000000001.0 GENERAL PARCEL INFORMATION Owner INDIAN RIVER COUNTY SCHOOL, BOARD Property Address 2200 9TH ST SW VERO BEACH, FL 32962 Mailing Address 6500 57TH ST VERO BEACH, FL 32967 Legal Description HI -LAND ACRES UNIT NO 1 Page 1 - Run at: 1/11/2017 No image found. LAND ASSESSMENT HISTORY PBI 4-7, LOTS 1 THRU 52, LESS RD R/W ON OSLO RD PER OR BK 1898.PG 573; LESS THAT DESC Property Use 8300 - COUNTY BOARD OF PUBLIC IN TaxCode 7 (Unincorp Indian River County) Neighborhood 990071.00 - E 27AV S1SW TO OSLO & US1 Appraisal Date 3/24/2015 Page 1 - Run at: 1/11/2017 No image found. LAND ASSESSMENT HISTORY Rec Land Use zoning Acres Units Unit Type Front Depth Adj. Code Year PUse VBy Land JV Bldg Val Misc Val CAMA Val Taxes 001 83A - COUNTY BOARD OFRS-6 45.37 45.37 A -ACRE 0 0 NA 2016 8300 C $771,290 $0 $0 $771,290 $0.00 2015 8300 C $771,290 $0 $0 $771,290 $0.00 2014 8300 C $725,920 $0 $0 $725,920 $0.00 2013 8300 C $689,620 $0 $0 $689,620 $0.00 SALES BUILDING PERMIT SUMMARY Date Price Grantor Book Page Code Vactimp 11/2007 $100 INDIAN RIVER COUNTY 02218 00849 01 V 07/2005 $100 SCHOOL BD OF IRC 01898 00573 01 V 06/1.992 $1,000,000 ANSIN 00937 01223 02 V 06/1992 $1,000,000 ANSIN 00937 01219 02 V MISCELLANEOUS IMPROVEMENTS <o N Pro,,nrtv Record Gard gencratod 1/11,17017 8:56 10 ANA for Inrfia.r River County, T=iorida Indian River County, Florida Property Appraiser's office: , ASA CFA Parcel - 30382100005024000000.0 GENERAL PARCEL INFORMATION Owner INDIAN RIVER COUNTY SCHOOL, BOARD Property Address 12870 81 ST AV SEBASTIAN, FL 32958 Mailing Address 6500 57TH ST VERO BEACH, FL 32967 Legal Description TOWNSITE OF ROSELAND ALL BLK 24 PBS 1-43 Property Use 8300 - COUNTY BOARD OF PUBLIC IN TaxCode 1 D (Unincorp Indian River County) Neighborhood 990002.00 - ROSELAND,SE/ROSL RD Appraisal Date 3/16/2015 Page 1 - Run at: 1/11/2017 No image found. LAND ASSESSMENT HISTORY Rec Land Use zoning Acres Units Unit Type Front Depth Adj. Code Year PUse VBy Land JV Bldg Val Mise Val CAMA Val Taxes 001 83A- COUNTY BOARD OFRS-3 1.93 1.93 A -ACRE 300 280 NA 2016 8300 C $41,010 $0 $0 $41,010 $0.00 2015 8300 C $41,010 $0 $0 $41,010 $0.00 2014 8300 C $38,600 $0 $0 $38,600 $0.00 2013 8300 C _ $36,670 $0 $0 $36,670 $0.00 SALES BUILDING PERMIT SUMMARY MISCELLANEOUS IMPROVEMENTS co co Prcpprty Record Ca -T'• neneratsri 1/1112017 8:57:54 ANN for Indian River Countv FInrida Indian River County, Florida Property Appraiser's office: , ASA CFA Parcel - 32391000000100000023.0 GENERAL PARCEL INFORMATION Owner THE SCHOOL BOARD OF INDIAN, RIVER COUNT Property Address 6580 US HIGHWAY 1 VERO BEACH, FL 32967 Mailing Address 6500 57TH ST VERO BEACH, FL 32967 Legal Description Page 1 - Run at: 1/11/2017 No image found. LAND ASSESSMENT HISTORY A POR OF LAND LYING E OF US HWY 1 IN 10- 32-39 BEING DESC AS FOLLOWS: S 1/2 OF N 1/2 OF S Property Use 8300 - COUNTY BOARD OF PUBLIC IN TaxCode 7 (Unincorp Indian River County) Neighborhood 990143.00 - SR 510 -GRD HABR/E-US1 M&B Appraisal Date 2/6/2013 Page 1 - Run at: 1/11/2017 No image found. LAND ASSESSMENT HISTORY Number Type Issue Date Rec Land Use Zoning Acres Units Unit Type Front Depth Adj. Code Year PUse VBy Land JV Bldg Val Mise Val CAMA Val Taxes 001 83A - COUNTY BOARD OFRM-3 2.32 1010591- 0 0 NA 2016 8300 C $150,330 $0 $15,500 $165,830 $0.00 2015 8300 C $150,330 $0 $15,950 $166,280 $0.00 2014 8300 C $141,480 $0 $13,600 $155,080 $0.00 2013 8300 C $134,410 $0 $13,980 $148,390 $0.00 SALES Date Price Grantor Book Page Code Vac/imp 10/2008 $100 "INDIAN RIVER COUNTY 02298 02426 02 1 MISCELLANEOUS IMPROVEMENTS Rec. No. Bldg. No. Misc Code No. Units Yr. Bit Dep % 002 000 AAPVASAV - COMM ASPHALT 11880 1982 66 BUILDING PERMIT SUMMARY Number Type Issue Date Comp. Date CK - FIELD CHECK 8/31/2005 96020464 MISC - 2/14/1996 94050117 MISC - 5/4/1994 5/12/1994 93070207 ALTS - 8/24/1993 12/31/1993 81020757 GAR - GARAGE 5/21/1982 81019522 RES - RESIDENCE 10/26/1981 81019556 COMM Proocrty Ra ord Card generrited 1/1 112017 8:67 12 AM !or Indimn River CountV Plorda is A, a DISTRICT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Emergency Services District Board of Commissioners THROUGH: Jason Brown, County Administrator FROM: John King, Director Department of Emergency Services DATE: January 30, 2017 SUBJECT: Request to Purchase an ALS Fire Engine for Fire -Rescue Station 14 It is respectfully requested that the information contained herein be given formal consideration by the District Board of Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: Staff is seeking authorization to purchase an ALS fire engine for Fire -Rescue Station 14 (6780 26th Street), which is scheduled to open for service in October 2017. This is a planned expenditure and is detailed in the County's Fiscal Year 2017/18 Capital Improvement Element (CIE) the Board adopted on December 6, 2016. The Board will recall there is a protracted delivery time of approximately ten months for this specialized equipment, and payment will not be due until final acceptance. The fire engine will be purchased through a statewide bid contract; and, ordering now locks in the current price, as there is an announced price increase for orders received after February 2017. The funding for this purchase is from Emergency Services District funds. FUNDING: This is a planned expenditure and detailed in the County Capital Improvement Element. Item Amount Account Number Emergency Services District - ALS Fire Engine (Sta. 14 $ 509,727.00 11412022-066420 RECOMMENDATION: Staff recommends authorization to order the ALS Fire Engine for Station No. 14 as detailed in the Fiscal Year 2017/18 CIE. ATTACHMENTS: Proposal for Furnishing Fire Apparatus P195 PROPOSAL FOR FURNISHING FIRE APPARATUS Jan 20, 2017 Indian River County Fire Rescue The undersigned is prepared to manufacture for you, upon an order being placed by you, for final acceptance by Pierce Manufacturing, Inc., at its home office in Appleton, Wisconsin, the apparatus and equipment herein named and for the following prices: One Pierce Impel Top Mount Pumper #597 Purchased from FSA16-VEF12.0 $ 509,727.00 Spec. #19 custom pumper -Impel PRICING GOOD TO FEB. 28, 2017 OR ADD 3% 100% payment ten days from P.O. will offer 18,902.00 discount PRE PAYMENT WILL INCLUDE A 100% PERFROMANCE BOND Total $ 509,727.00 Said apparatus and equipment are to be built and shipped in accordance with the specifications hereto attached, delays due to strikes, war, or intentional conflict, failures to obtain chassis, materials, or other causes beyond our control not preventing, within about 10 months after receipt of this order and the acceptance thereof at our office at Appleton, Wisconsin, and to be delivered to you at Indian River County, FL. The specifications herein contained shall form a part of the final contract, and are subject to changes desired by the purchaser, provided such alterations are interlined prior to the acceptance by the company of the order to purchase, and provided such alterations do not materially affect the cost of the construction of the apparatus. The proposal for fire apparatus conforms with all Federal Department of Transportation (DOT) rules and regulations in effect at the time of bid, and with all National Fire Protection Association (NFPA) Guidelines for Automotive Fire Apparatus as published at the time of bid, except as modified by customer specifications. Any increased costs incurred by first party because of future changes in or additions to said DOT or NFPA standards will be passed along to the customers as an addition to the price set forth above. Unless accepted within 30 days from date, the right is reserved to withdraw this proposition. SD1397 Pierce Manufacturing, Inc. Un AUTHORIZED SALES REPRESENTATIVE Michael Schneider 40 o-;;; PERFORM. LIKE NO OTMEIY. Revised: 12/29/2008 P196 EMERGENCY SERVICES DISTRICT: 2/7/17 Office of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K DeBraal, Deputy County Attorney Kate Pmgolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners 1�1— FROM: William K. DeBraal — Deputy County Attorney PIV DATE: January 30, 2017 SUBJECT: Fire Station #14 (SP -MA -15-10=26 / 2002010089-75062) Dedication of 261 Street Right -Of -Way With regard to the site plan for Fire Station ##14, the Emergency Services District will be required to dedicate to Indian River County a 20 -foot strip along its 26th Street frontage for road right-of-way. To this end, attached is a County Deed from the Emergency Services District to Indian River County prepared to accomplish the dedication. FUNDING: The only cost associated with this right-of-way dedication will be recording fees for recordation of the County Deed in the amount of $27.70. Funding for this expenditure is budgeted and available in Account No. 31512022-066510-15015 (Optional Sales Tax/Fire Services/Fire Station #14). RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute the County Deed for recordation in the Public Records of Indian River County, Florida. nhm attachment cc: Mapping Section, IRC Property Appraiser's Office 15A3 P197 for 261' Street right-of-way cutout from 32-39-31-00001-0160-00001.0 Prepared by: Office of County Attorney 1801 271h Street Vero Beach, FL 32960 772-226-1425 COUNTY DEED INDIAN RIVER COUNTY, FLORIDA THIS DEED, made this day of , 2017, by EMERGENCY SERVICES DISTRICT OF INDIAN RIVER COUNTY, FLORIDA, a dependent special district of Indian River County, Florida, operating by and through its Board of County Commissioners, party of the first part, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960, and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, party of the second part, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960. WITNESSETH that the said party of the first part, in, has granted, .bargained, conveyed and sold to the party of the second part, its successors and assigns forever, the following described land lying and being in Indian River County, Florida: See Exhibit "A" attached hereto and made a part hereof. IN WITNESS WHEREOF the said party of the first part has caused these presents to be executed the day and year aforesaid. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller as Deputy Clerk APPROVED AS TO FORM AN ;/t�S FI _ Y BY WILLIAM K. DEBRAAL DEPUTY COUNTY ATTORNEY EMERGENCY SERVICES DISTRICT OF INDIAN RIVER COUNTY, 0 Joseph E. Flescher, Chairman Board of County Commissioners BCC approved: (Official Seal) P198 SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY) EXHIBIT "A" North GRAPHIC SCALE WEST 10 ACRES TRACT 16 31-32-39 INDIAN RIVER FARMS COMPANY SUBDIVISION Line Table Line # Length Direction Ll 20.00 NOD' ZV 56`E L2 20.00 SOO' 23' 40'W 60 0 40 B0 1 I I ( IN FEET 1 inch = 80 ft. I L9_ m 20 0 3 J I � � I ac 2l •- ei ¢ C N � W Y J m 22 Q O W 3L 1- S:W. CORNER g 23 ANTHEM LAKES "> o AT TRILLIUM I UJ _ .. cu roi coag / ✓ / / / / / / /20' RIGHT OF WAY EADEDICAAON SEMEN FOUND a xa" POINT OF AI89 42 04 W V io�ivMENT;�W I$BEGINNING26TH STREET S.W. g 6 (WALKER AVE) RIGHT OF WAY VAR1E5,g SOUTH UNE SECTION 31 NORTH UNE SECflON 6 ►329.27— — - POINT OF COMMENCEMENT SW. CORNER THE WEST 10 ACRES TRACT 16 — SKETCH OF DESCRIP71ON OF RIGHT OF WAY DEDICA710N PLAT OF SURVEY FOR: INDIAN RIVER COUNTY SKETCH OF LEGAL DESCRIP77ON NOT A BOUNDARY_ SURVEY PROJ. NO, 14-059-RWDED DWN. BY: C.H.B. DATE: 01-25-17 CKD. BY: S.P.T. THIS PLAT AND REPORT ARE NOT VALID NATHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA REGISTERED SURVEYOR AND MAPPER NAMED HEREON WHICH SIGNATURE AND SEAL MAY BE FOUND AT THE END OF THE ATTACHED REPORT. THE PLAT AND REPORT ARE NOT FULL AND COMPLETE N7THOUT ONE ANOTHER. ET 5/87IRC "LB 6905" ACCESS g EASEMENT 31132 EE� 6 6 MEFUENAN L &.No SURVEYORS 1717 INDIAN RIVER BLVD, SUITE 201 VERO BEACH, FL. 32960 LB#6905 PHONE: 772-794-1213, FAX: 772-794-1096 EMAIL: NILS.LB6905@GMAIL.COM E P199 +gam h W d 6 8J $ W ?S r !' y chcii 4 TRACT 9" TRILLIUM WEST 15' P.B. 93 15. 0, a r EXHIBIT "A" North GRAPHIC SCALE WEST 10 ACRES TRACT 16 31-32-39 INDIAN RIVER FARMS COMPANY SUBDIVISION Line Table Line # Length Direction Ll 20.00 NOD' ZV 56`E L2 20.00 SOO' 23' 40'W 60 0 40 B0 1 I I ( IN FEET 1 inch = 80 ft. I L9_ m 20 0 3 J I � � I ac 2l •- ei ¢ C N � W Y J m 22 Q O W 3L 1- S:W. CORNER g 23 ANTHEM LAKES "> o AT TRILLIUM I UJ _ .. cu roi coag / ✓ / / / / / / /20' RIGHT OF WAY EADEDICAAON SEMEN FOUND a xa" POINT OF AI89 42 04 W V io�ivMENT;�W I$BEGINNING26TH STREET S.W. g 6 (WALKER AVE) RIGHT OF WAY VAR1E5,g SOUTH UNE SECTION 31 NORTH UNE SECflON 6 ►329.27— — - POINT OF COMMENCEMENT SW. CORNER THE WEST 10 ACRES TRACT 16 — SKETCH OF DESCRIP71ON OF RIGHT OF WAY DEDICA710N PLAT OF SURVEY FOR: INDIAN RIVER COUNTY SKETCH OF LEGAL DESCRIP77ON NOT A BOUNDARY_ SURVEY PROJ. NO, 14-059-RWDED DWN. BY: C.H.B. DATE: 01-25-17 CKD. BY: S.P.T. THIS PLAT AND REPORT ARE NOT VALID NATHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA REGISTERED SURVEYOR AND MAPPER NAMED HEREON WHICH SIGNATURE AND SEAL MAY BE FOUND AT THE END OF THE ATTACHED REPORT. THE PLAT AND REPORT ARE NOT FULL AND COMPLETE N7THOUT ONE ANOTHER. ET 5/87IRC "LB 6905" ACCESS g EASEMENT 31132 EE� 6 6 MEFUENAN L &.No SURVEYORS 1717 INDIAN RIVER BLVD, SUITE 201 VERO BEACH, FL. 32960 LB#6905 PHONE: 772-794-1213, FAX: 772-794-1096 EMAIL: NILS.LB6905@GMAIL.COM E P199 SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY) Zeport of Survey: (Project # 14-059—RWDED) + TYPE OF SURVEY: SKETCH OF DESCRIPTION — NOT A FIELD BOUNDARY SURVEY ' THIS SURVEY PERFORMED BY: HOUSTON, SCHULKE, BITTLE & STODDARD, INC. L.B. #6905 d.b.a. MERIDIAN LAND SURVEYORS 1717 INDIAN RIVER BOULEVARD, SUITE 201, VERO BEACH, FLORIDA 32960 * PROFESSIONAL SURVEYOR & MAPPER IN RESPONSIBLE CHARGE: CHARLES H. BLANCHARD, P.S.M. #5755 EXHIBIT "A" Legal Description: A 20.00 FOOT WIDE RIGHT OF WAY DEDICATION LYING IN TRACT 16, SEC'nON'31, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE WEST 10 ACRES OF TRACT 16, SECTION 31, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF INDIAN RIVER FARMS COMPANY FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST LUCIE(NOW BEING INDIAN RIVER) COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25, RUN NORTH 00'24'41" EAST (BASIS OF BEARINGS) ALONG THE WEST LINE OF SAID WEST 10 ACRES OF TRACT 16, A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00'24'56 EAST, A DISTANCE OF 20.00 FEET; THENCE LEAVING SAID LINE RUN SOUTH 89'42'04" EAST, A DISTANCE OF 330.33 FEET TO THE SOUTHWEST CORNER OF ANTHEM LAKES AT TRILLIUM SUBDIVISION, AS RECORDED IN PLAT BOOK 18, PAGE 36 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE RUN SOUTH 00623'40" WEST ALONG SAID LINE, A DISTANCE OF 20.00 FEET; THENCE RUN NORTH 89"42104"WEST, A DISTANCE OF 330.33 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.15 ACRES MORE OR LESS. Legend & Abbreviations: (symbols not scaleable for size) PLS - PROFESSIONAL LAND SURVEYOR CR - COUNTY ROAD PSM - PROFESSIONAL SURVEYOR & MAPPER R/W - RIGHT OF WAY LB - LAND SURVEYING BUSINESS O.R.B. - OFFICIAL RECORD BOOK C - (M- CENTERLINE MEASURED VALUE P.O.C. - POINT OF COMMENCEMENT (P? - PLAT VALUE P.O.B - (OA) - POINT OF BEGINNING OVERALL D & ME - DRAINAGE & MAINTENANCE EASEMENT SKETCH OF DESCRIPTION OF RIGHT OF WAY DEDICATION PLAT OF SURVEY FOR: INDIAN RIVER COUNTY MERMAN IL6.140 suAveroRs 1717 INDIAN RIVER BLVD, SUITE 201 VERO BEACH, FL. 32960 LB#6905 PHONE: 772-7941213, FAX: 772-794-1096 EMATL: MLS.L136905@GMAIL.COM SKETCH OF LEGAL DESCRIP77ON Nor :4''860WARY SURREY TH18 ,15 N10'T..VAL•ICfafYITHOUT THE SiGNtE TURE 'Xti THE diklNAI;;:RAISED SEAL OF SHE, FL'6?IDA;,LICENSED;SURVEYOR. AND MAPPER N-:lBELOW. 6:AgGk-S,-W BLANCHARQ P S'.M. #5755 PAGE 2 OF 2 P200 E83 INDIAN RIVER COUNTY � AV - SOLID WASTE DISPOSAL DISTRICT z BOARD MEMORANDUM Date: January 26, 2017 To: Jason E. Brown, County Administrator Thru: Vincent Burke, Director of Utility Services From: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District Subject: Notice of 90 -Day Option Agreement to Alliance Bioenergy +, Inc. BACKGROUND: On January 24, 2017, Commissioner Tim Zorc requested a time -sensitive emergency item be added to the Indian River County (IRC) Board of County Commissioners (BCC) meeting agenda related to Alliance Bioenergy +, Inc. (Alliance Bioenergy) and their interest in obtaining processed yard waste from the Solid Waste Disposal District (SWDD). Mr. Daniel de Liege, Chairman/CEO for Alliance Bioenergy, expressed that they have made an offer for the former Indian River BioEnergy Center operated by INEOS New Planet BioEnergy, LLC (INEOS). The BCC directed staff to draft a 90 -day Option Agreement, including several conditions contained within the memorandum as well as additional terms concerning hurricane debris, and bring it back to the February 7, 2017, BCC meeting. ANALYSIS: The current interim agreement with INEOS is to process vegetative debris at the landfill vegetative debris site through March 31, 2017. The Indian River County Purchasing Department issued Bid #2017027 for Yard Waste Processing and Disposal Services on January 15, 2017, and the bid is scheduled to open on Friday, February 27, 2017. The bid has two price parameters: 1) Receive vegetative debris from the IRC public, process the materials into mulch and load the mulch and 2) off-site disposal to be verified by SWDD for maximum recycling credits. Within this bid, there is a provision that SWDD would have the option to retain 100% of the processed materials (mulch) for cover material or any other beneficial use. The purpose of this was to reserve future options for a compost facility and/or any future development with the former Indian River BioEnergy Center. Per BCC direction, the County Attorney's office has prepared the attached 90 -Day Option Agreement for Processed Vegetative Waste with Alliance Bioenergy for SWDD Board review and approval which Alliance Bioenergy needs as part of its purchase offer. The agreement includes the following conditions: @BCL@7C055100 Page 1 P201 1) The county is granting an exclusive right and option to a portion of county's processed vegetative waste while retaining up to 40,000 tons of processed vegetative waste per year. 2) The county does not guarantee the quality or quantity of processed vegetative waste. 3) Alliance Bioenergy will not charge the county any fee for accepting or receiving the county's processed vegetative waste. 4) Alliance Bioenergy has 180 days to close on the former Indian River Bioenergy Center. The Option Agreement immediately terminates if Alliance Bioenergy is unable to close on the property, or within 180 days of the execution of the Option Agreement, whichever occurs first. 5) Alliance Bioenergy may exercise the option at any time during the option term by giving a 90 calendar days' written notice to the county. The option term begins on the day that Alliance Bioenergy closes on the property and terminates one year from that date. The option term may be extended; however, no more than 18 months from the date of execution of the Option Agreement. 6) In the event of a hurricane or other significant act of nature, which impacts the amount of vegetative waste, the county shall retain the right to utilize other methods of disposal of processed vegetative waste. 7) Upon exercise of the Option Agreement, the county and Alliance Bioenergy shall have 60 calendar days to enter into a contract for the processed vegetative waste on a mutually agreeable terms. During the period of October 2007 through March 2011, the SWDD utilized Consolidated Resources Recovery (CRR) for processing and off-site disposal of vegetative debris. From April 2011 through September 2016, INEOS processed and utilized the vegetative debris for the generation of electricity and ethanol. The annual average tons processed over these past 9 years is approximately 58,000 tons per year at an average cost of $588,000 for base processing and $199,000 for supplemental processing / hauling services. However, this past fiscal year we received approximately 71,000 tons at a total cost of $916,000. This cost can be broken down into a processing fee ($660,000) and a supplemental processing fee ($256,000). A summary table is provided as an attachment. The bid process will determine the actual cost impact to the future processing fee; however, the offer by Alliance Bioenergy is to receive the mulch material at no cost to SWDD. Therefore, the cost for off-site disposal would be removed. At this time, the best estimate is that SWDD would save approximately $256,000 per year in -lieu of paying the supplemental processing fee historically paid to INEOS. However, the actual savings may be less if the current processing costs increase. As stated on their website Alliance Bioenergy is a publicly traded company, operating through various subsidiaries and their affiliates. An Alliance Bioenergy subsidiary holds the exclusive worldwide license for the patented CTSTM process, developed and owned by the University of @BCL@7C055100 Page 2 P202 Central Florida, which converts cellulose into commercial grade sugars, fine chemicals and other highly valuable products. It should be noted that Alliance Bioenergy has not requested any funding from the county. If Alliance Bioenergy is successful in obtaining the former Indian River BioEnergy Center, the proposed relationship would result in Alliance Bioenergy taking SWDD's processed mulch at no charge, which would result in a significant cost savings for SWDD. Furthermore, the bank, ArborOne, along with the U.S. Department of Agriculture, will be making the decision regarding the sale of the former Indian River BioEnergy Center. See attached letter from ArborOne. The proposed action does not result in SWDD "picking a winner" in this process. We are simply trying to assist an interesting party with this process to further the goal of redevelopment of the former Indian River BioEnergy Center. This is distinctly different from a scenario whereby a new business has requested funding from the county. In those instances, more detailed financial evaluations may be warranted. However, a current balance sheet has been provided as an attachment for informational purposes only. Staff supports the 90 -Day Option Agreement as it is in line with our current bid process and to also provide an alternate cost-effective disposal option for our processed vegetative waste should Alliance Bioenergy be the successful owner of the former Indian River BioEnergy Center. FUNDING: There is no cost to enter into this Option Agreement at this time. As detailed above, the proposed Option Agreement, if executed, would result in a savings of approximately $256,000 per year to SWDD, which is subject to the bid process and assuming the processing costs do not change. RECOMMENDATION: Staff recommends that the BCC approve and authorize the Chairman to sign the attached 90 - day Option Agreement with Alliance Bioenergy +, Inc. Attachment 1: Historical Summary of Yard Waste Processing Attachment 2: Letter from ArborOne Attachment 3:90 -Day Option Agreement with Alliance Bioenergy +, Inc. Attachment 4: Alliance Bioenergy Balance Sheet @BCL@7C055100 Page 3 P203 Historical Summary of Yard Waste Processing Vendor OR CRR OR CRR CRR Fiscal Year FY 2007-08 FY 2008-09 FY 2009-10 FY 2010-11 FY 2011-12 (1) Base Fee (per ton) $11.50 $11.50 $11.50 $11.50 $9.34 Total Base Tons 53,804 51,372 56,044 52,358 27,719 Total Base Cost $618,741 $590,780 $644,503 $602,111 $258,892 Supplemental Processing Fee (per ton) $0.00 $0.00 .$0.00 $0.00 $0.00 Supplemental Processing Tons 0 0 0 0 0 Total Supplemental Processing Costs $0 $o $0 $0 $0 Hauling/Disposal Fee (per ton) $8.00 $8.00 $8.00 $8:00 $14.49 Hauling/Disposal Tons 29,270 30,089 34,009 19,319 4,368 Total'Hauling/Disposal Cost $234,162 $240,714 $272,074 $154,554 $63,299 Total Yard Waste Costs $852,904 $831,494 $916,577 $756;666 $322,191 (1) Transition Year Vendor INPB INPB INPB INPB INPB Fiscal Year FY 2011-12 Ill FY 2012-13 FY 2013-14 FY 2014-15 FY 2015-16 Base Fee (penton) -$9.25 $9.25 $9.25 $9.30 $9.30 Total Base Tons 28,243 55,301 59,420 64,287 70,951 Total Base Cost $261,249 $511,531 $549,636 ,$597,868 $659,845 Supplemental Processing Fee (per ton) $5.15 $5.15 $5.15 $5.18 $5.18 Supplemental Processing Tons 17,556 14,845 37,336 40,784 49,375 Total Supplemental Processing Costs $90,415 $76,454 $192,282 $211,264 $255,.761 Hauling/Disposal Fee (per ton) $0.00 $0.00 $0.00 $0.00 $0.00 Hauling/Disposal Tons 0.00 0.00 0.00 0.00 0.00 Total Hauling/Disposal Cost $0 $0 $0 $0 $0 Total Yard Waste Costs $351,664 $587,984 $741,918 $809,132 $915,606 (1) Transition Year Fiscal Year Base Tons Base Fee Supplemental Tons Supplemental or Hauling Fee Total Costs FY 2007-08 53,804 $618,741 29,270 $234,162 $852,904 FY 2008-09 51,372 $590,780 30,089 $240,714 $831,494 FY 2009-10 56,044 $644,503 34,009 $272,074 $916,577 FY 2010-11 52,358 $602,111 19,319 $154,554 $756,666 FY 2011-12 55,962 $520,141 21,925 $153,714 $673,855 FY 2012-13 55,301 $511,531 14,845 $76,454 $587,984 FY.2013-14 59,420 $549,636 37,336 $192,282 $741,918 FY 2014-15 64,287 $597,868 40,784 $211,264 $809,132 FY 2015-16 70,951 $659,845 49,375 $255,761 $915,606 Total 519,497 $5,295,156 276,954 $1,790,979 $7,086,135 Average 57,722 $5881351 30,773 $198,998 $787,348 P204 ARBORONE �:!►� FARM CREDIT VYA EMAIL JBRojYN(@jRCCOV.COM Honorable Jason E. Brown County Administrator 180127"' Slrect Vero Beach, FL 32960-3365 Re: Handling of Green Waste Dear Mr. Brown: February 1, 2017 Post Office Box 1036 Conway, SC 29528 1720 Mill Pond Rd. Conway, $C 29527 843.248.4214 arborone.com ArborOne, ACA ("ArborOne") is the Servicer for certain INEOS New Planet BioEnergy LLC ("INPB") bonds (the "Bonds"), guaranteed in part by the U.S.Department of Agriculture and secured by INPB's land in Indian River County, Florida (the "County"), and the biofuels production facility located thereon (the "Plant"). As you may be aware, INPB has ceased operating the facility. We understand that INPB had a contract with the County to handle green waste,, which INPB, having ceased its operations, is no longer in a position to perform, and the County is in the process of seeking alternative arrangements for the handling of green waste. This is to inform you that, with the cooperation of INPB, ArbofOne, as Servicer for the Bonds, is working with its consultants and other professional advisors to implement a process for the marketing and sale of the Plant and associated land. Although ArborOne can give no assurances in this regard, ArborOne expects that the process should result in the identification of a purchaser and the completion of a sale of the property on or before June 30, 2017. ArborOne's efforts with regard to the sale are at this stage focused on identifying, potential purchasers who would be interested in operating a facility on the property that would be capable of handling green waste in the same or a similar manner to the manner in which INPB was providing this service and that would again employ a substantial number of workers in the County. Again, ArborOne can give no assurances in this regard, but we wished to make you aware of our efforts as you are. considering the County's plans with regard to the handling of waste. If you have any questions with regard to the foregoing, please do not hesitate to contact the undersigned at (843-438-4718), or by email at EPace(&,ArborOne.com. Very truly_ yours, • C,t Emily T. Pace Vice President Lending support to rural America- SGRJ15338710.1 P205 OPTION AGREEMENT FOR PROCESSED VEGETATIVE WASTE BETWEEN INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT AND ALLIANCE BIOENERGY +, INC. THIS OPTION AGREEMENT FOR PROCESSED VEGETATIVE WASTE BETWEEN INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT AND ALLIANCE BIOENERGY +, INC. ("Option Agreement") is entered into as of this _ day of February, 2017, by and between Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, Florida whose address is 1801 27h Street, Vero Beach, Florida, 32960 (the "County"), and Alliance Bioenergy +, Inc_, 400 N. Congress Avenue, Suite 130, West Palm Beach, Florida, 33401 ("Alliance Bioenergy"): RECITALS WHEREAS, Alliance Bioenergy is pursuing obtaining the former INEOS New Planet Bioenergy, LLC property located at 925 74th Avenue SW, Vero Beach, Florida (the "Property"); and WHEREAS, if Alliance Bioenergy is able to obtain the Property, Alliance Bioenergy intends on utilizing a portion of the County's processed vegetative waste as part of its business operations; and WHEREAS, Alliance Bioenergy seeks to obtain an option on a portion of County's processed vegetative waste in order to facilitate obtaining the Property; and WHEREAS, Alliance Bioenergy has approximately 180 days to close on the Property, and WHEREAS, historically the County has paid a fee for the disposal of processed vegetative waste; and WHEREAS, Alliance Bioenergy has agreed to accept the County's processed vegetative waste at no charge to the County; 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. Grant of Option. County does hereby grant to Alliance Bioenergy the exclusive right and option to a portion of County's processed vegetative waste (the "Option"). 3. Exercise of Option; Term; Expiration of Option. Alliance Bioenergy may exercise the Option at any time during the Option Term, by giving 90 calendar days' written notice to the County. The Option Term shall mean that period of time commencing on the date on Page 1 of 3 P206 which Alliance Bioenergy closes on the Property and terminates one year from that date. In no event, shall the Option Term extend more than 18 months from the date of execution of this Option Agreement. The Option shall immediately terminate if Alliance Bioenergy is unable to close on the Property, or within 180 days of the execution of this Option Agreement, whichever occurs first. 4. County Retainage of Processed Vegetative Waste If Alliance Bioenergy exercises the Option, the County will have the right to retain up to 40,000 tons of processed vegetative waste per year. 5. Quality and Quantity of Processed Vegetative Waste. The County does not guarantee the quality or quantity of processed vegetative waste that will be provided to Alliance Bioenergy. 6, No Charge or Fee for Processed Vegetative Waste. Alliance Bioenergy will not charge the County any fee or charge for accepting or receiving County's processed vegetative waste. 7. Acts of God. In the event of a hurricane. or other significant act of God, which impacts the amount of vegetative waste, the County shall retain the right to utilize other methods of disposal of processed vegetative waste. 8. Final Contract. Upon exercise of the Option; County and Alliance Bioenergy shall have 60 calendar days to enter into a contract for the processed vegetative waste on mutually agreeable terms, which shall include the terms and conditions contained within this Option Agreement. 9. Governing LawNenue. This Option Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 10. Notices. Any notice required hereunder shall be in writing and shall be delivered by personal delivery, courier, express or overnight mail, or certified mail, return receipt requested, addressed to the appropriate party as follows: If to County Jason Brown County Administrator Indian River County 1801 27th Street Vero Beach, Florida 32960 Page 2 of 3 P207 If to the Alliance Bioenergy. Daniel De Liege 400 N. Congress Avenue Suite 130 West Palm Beach, FL, 33401 IN WITNESS WHEREOF, the Lessor and Lessee have executed this instrument this _ day of February, 2017. INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman Board of County Commissioners Date Approved: ATTEST: Jeffrey R. Smith Clerk of the Court and Comptroller Alliance Bioenergy +, Inc. By: Daniel De Liege CEO APPROVED AS TO FORM Dylan Reingold, Esq. County Attorney Page 3 of 3 P208 Alliance Bioenergy Plus, Inc. (ALLM) 0.200.00 (o.00% As of January 30 3 55PM EST Market open. Balance Sheet All numbers in thousands Period Ending Current Assets Cash And Cash Equivalents Short Term Investments Net Receivables Inventory Other Current Assets Total Current Assets Long Term Investments Property Plant and Equipment Goodwill Intangible Assets Accumulated Amortization Other Assets Deferred Long Term Asset Charges Total Assets Current Liabilities Accounts Payable Short/Current Long Term Debt 12/31/2015 12/31/2014 12/31/2013 62.054 205.969 48.968 798.016 481.875 1,555.989 860.07 687.844 1,604.957 7,433.024 7,497.437 7,459.323 310.576 140.387 9.159 220.986 7.278 978.744 8,824.656 8,332.946 10,052.183 551.424 260.198 127.555 3,295.258 2,031.258 2,270 P209 Other Current Liabilities 36.148 733.762 1,111.295 Total Current Liabilities 3,882.83 3,025.218 3,508.85 Long Term Debt 1,250 1,250 1,250 Other Liabilities - - - Deferred Long Term Liability Charges - - - Minority Interest -452.458 -138.757 -0.214 Negative Goodwill - - - Total Liabilities 4,680.372 4,136.461 3,508.636 Stockholders' Equity Misc. Stocks Options Warrants - - - Redeemable Preferred Stock Preferred Stock - - - Common Stock 41.084 40.341 32.841 Retained Earnings -17,052.797 -12,208.326 -2,409.309 Treasury Stock - - - Capital Surplus 21,160.997 16,374.47 8,930.015 Other Stockholder Equity -5 -10 -10 Total Stockholder Equity 4,144.284 4,196.485 6,543.547 Net Tangible Assets 4,144.284 4,196.485 6,543.547 Source: http://finance.yahoo.com/quote/allm/financials?ltr=1 P210